HomeMy WebLinkAbout10-13-2014 SPECIAL CITY COUNCIL MEETINGWASHINGTON
Special City Council Meeting
October 13, 2014 - 1:00 PM
Auburn City Hall
AGENDA
I. CALL TO ORDER
11. DISCUSSION ITEMS
A. Ordinance No. 6532*
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
B. Resolution No. 5105*
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
C. Ordinance No. 6519*
An Ordinance of the City Council the City of Auburn, Washington, creating a
new Chapter 2.92 of the Auburn City Code, providing for a Code of Ethics
D. Ordinance No. 6536*
An Ordinance of the City Council of the City of Auburn, Washington, amending
Section 2.03.030 of the Auburn City Code relating to the surplusing of personal
property of the City
111. 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 130
AuBuRN ITY Cdr •
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AGENDA BILL APPROVAL FORM
DI.A
Agenda Subject:
Ordinance No. 6532
Department:
Administration
Attachments:
Ord 6532
Ord 6532 -Clean
Parliamentary Question
Administrative Recommendation:
Background Summary:
Reviewed by Council Committees:
Councilmember:
Meeting Date: October 13, 2014
Date:
October 8, 2014
Budget Impact:
$0
Staff:
Item Number: DI.A
AUBURN * MORE THAN YOU IMAGINED Page 2 of 130
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
October 2, 2014
Page 1
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2.03.100 Meeting coordination duties.
The mayor or the mayor's designee shall be responsible for the preparation of
agendas for the meetings of the council and of the various boards, commissions and
committees of the city, and for including in those agendas the items and issues
forwarded by the various council committeescity 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.
subcommittccs will parallcl the city council committccs of financc, public works,
planning and community development, municipal serviccs, and the Lcs Govc
Community Campus.
B. The subcommittees will meet on an as- needed basis.
C. The subcommittees shall consist of at least three members of the junior
city council, but shall consist of less than a quorum of the junior city council (less than
five members).
D. Any discussions or recommendations of any subcommittees shall be
communicated to and shared with the full junior city council.
E. The subcommittees shall not constitute legislative or agency bodies so as
to trigger the requirement that the subcommittees comply with the Washington State
Open Public Meetings Act (Chapter 42.30 RCW). (Ord. 6441 § 1, 2013.)
Section 3. Amendment to City Code. That Section 2.12.010 of the
Auburn City Code be, and the same hereby is, amended to read as follows:
2.12.010 Duties.
The city attorney shall advise authorities and officers on all legal matters
pertaining to the business of the city and shall approve all ordinances as to form. He
shall represent the city in all actions brought by or against the city, or against city
officials in their official capacity. He shall perform such other duties as the city council by
Ordinance No. 6532
October 2, 2014
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DI.A Page 4 of 130
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;
Participate in the expedition of bond issues, providing this shall not require
an opinion of the validity of the bonds in any case where special bond counsel is
retained by the city or any prospective bond buyer;
J. On request, participate in and consult concerning intergovernmental
relations in which the city is concerned;
K. Perform such other duties as may be required by the laws of the state.
Provided, however, the duties of the city attorney as prescribed in this section
shall not prohibit the employment of special counsel to assist the city attorney in
unusual cases of a specialized nature, when such employment is authorized by the city
council. (1957 code § 1.05.010.)
Ordinance No. 6532
October 2, 2014
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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, bcautification and building codcs committcc mayor. (1957 code § 1.36.200.)
Section 5. Amendment to City Code. That Section 3.04.280 of the
Auburn City Code be, and the same hereby is, amended to read as follows:
3.04.280 Landscaping and community beautification and gift cumulative reserve
fund — Designation of use of gifts.
Any person or party making a gift or donation to the fund referred to in ACC
3.04.270 may, in doing so, designate that the materials purchased with the gifts or
donations shall be inscribed in a suitable manner with a dedication or memorial to a
person, place or thing, as directed by the donor; provided, however, that the city
reserves the right to reject any such gift or donation at the option of the city for whatever
reason the city deems proper. The planning, bcautification and building codcs
o eemayor 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 by council committee of asset and /or system expansions,
additions, and betterments.
Asset and /or system expansions, additions, and betterments that have been
recognized as authorized capital projects exceeding $25,000.00 in the budget shall be
reviewed by the appropriatc council committcc 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
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The business license clerk shall collect all license fees and shall issue licenses in
the name of the city to all persons qualified under the provisions of this chapter and
shall:
A. Adopt all forms and prescribe the information required to implement this
chapter;
B. Submit all applications, to department heads as listed below for their
endorsements as to compliance by applicant with all city regulations which they have
the duty of enforcing:
1. Ambulance services license: fire and police departments;
2. Amusement device license: police (four or under) and building, planning
and police (five or more);
3. Auto races license: building, fire, planning and police departments;
4. Cabaret licenses: fire and police departments;
5. Carnivals, circuses, shows, etc., licenses: building, fire, police and
planning departments;
6. Dance licenses: fire and police departments;
7. Fire extinguisher service licenses: fire department;
8. Massage business, health salon, etc., licenses: building, fire, planning,
police departments and health officer;
9. Merchant patrol and private detective licenses: police department;
10. Motor vehicle wreckers licenses: building, fire, planning and police
departments;
11. Outdoor musical entertainment licenses: building, fire, planning and police
departments;
12. Pawnbrokers /secondhand dealers licenses: police department;
13. Solicitor license: police department;
14. Tow truck business license: fire, planning and police departments.
C. Notify any applicant of the acceptance or rejection of his application and
shall, upon denial of any license state in writing the reasons therefor, the process for
appeal and deliver them to the applicant.
D. Deny any application for license upon written findings that the granting
would be detrimental to the public peace, health or welfare:
1. Whenever any such license is denied the applicant may within 15 days
from date of action, file written notice of appeal to the _ _ _ _ _ - __ •• •• -- _ - - city's
director of community development and public works. Action of the a elate
comm i �° the city's director of community development and public works may be
appealed 15 days from date of action to the full city council hearing examiner, and
action of the council 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
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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 4ity stcFk or police chief and /or building official and /or firc chicf 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, firc chicf 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 - - - - - - - _e"" - - - - city's
director of community development and public works. Action of the appropriate
committee director of community development and public works may be appealed within
15 days from date of action to the full city council hearing examiner and action of the
G49-61-14G-i4 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 fire police chief or his designee and shall be of such character, and so
located, discharged, or fired, that, in the opinion of the firc police chief or his designee,
after proper investigation, it will not constitute a hazard to property or endanger any
person. Should the firc police chief or his designee deny a permit for public display of
fireworks, the applicant therefor shall have the right to appeal that denial to the
Auburn city council committee, which shall consider such application,
recommendation and denial, and in its discretion shall either uphold the denial or grant
the permit applied for.
B. A state pyrotechnics license is required for operators of a public display of
fireworks.
C. A bond or certificate of insurance must be furnished to the fire chief before
a permit is issued. The bond shall be in the amount of $1,000,000.00 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
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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.
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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.
8. The first shell fired shall be carefully observed to determine that its
trajectory will carry it into the intended firing range and that the shell functions over, and
any debris falls into, the planned landing area.
9. The mortars shall be re- angled or reset if necessary at any time during the
display.
10. When a shell fails to ignite in the mortar, the mortar shall not be touched
for a minimum of five minutes. After five minutes it shall be carefully flooded with water.
Immediately following the display, the mortar shall be emptied into a bucket of water.
The supplier shall be contacted as soon as possible for proper disposal instructions.
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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 fire police chief of a permit for the public display of
fireworks may be appealed to the Auburn city council co ee. (Ord. 5679
§ 1, 2002; Ord. 5385 § 6, 2000; Ord. 3976 § 8, 1984. Formerly 8.24.080.)
Section 10. Amendment to City Code. That Section 10.41.010 of the
Auburn City Code be, and the same hereby is, amended to read as follows:
10.41.010 Restricted parking zones — Establishment.
A. In conformity with the standards and policies of the city council, The the
city engineer upon approval by the municipal scrviccs committcc 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
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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.
D. "Public safcty committcc" is thc public safcty committcc of thc city council.
(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 public safcty committcccity council. The appeal shall be taken within three days
after notice of denial. The public safcty committcccity 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 public safcty committccpolice 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 public safcty committccpolice chief or the city engineer shall cause to be
Ordinance No. 6532
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posted signs to such effect, and it is unlawful for any person to park or leave unattended
any vehicle in violation thereof. No person shall be liable for parking on a street
unposted in violation of this chapter. (Ord. 3311 § 11, 1978.)
Section 14. Amendment to City Code. That Section 12.04.010 of the
Auburn City Code be, and the same hereby is, amended to read as follows:
12.04.010 Adoption of engineering construction standards and engineering design
standards.
A. Adopted — Engineering Construction Standards. The engineering
construction standards include the following documents and manuals which are herein
referred to as the "engineering construction standards" and are adopted by reference:
1. The Standard Plans (M21 -01) for Road, Bridge, and Municipal
Construction prepared by the Washington State Department of Transportation, the
latest publication and amendments thereto, as determined appropriate for city
infrastructure by the city engineer and for conformance with adopted city engineering
design standards.
2. The Standard Specifications for Road, Bridge and Municipal Construction,
the latest (English) edition publication and amendments thereto as issued by the
Washington State Department of Transportation as supplemented and amended
through special provisions by the city engineer for specific construction applications and
for conformance with adopted city engineering design standards.
3. The City of Auburn Engineering Standard Details, a manual of specific
plans or drawings developed and adopted by the city of Auburn department of public
works which show frequently recurring components of work that have been
standardized for repetitive use, as supplemented and amended by the city engineer for
specific construction applications and for conformance with adopted city engineering
design standards.
B. Adopted — Engineering Design Standards. The engineering design
standards as approved by the public works committcc, supplemented and amended by
the city engineer for specific design applications
works committcc 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 (SWMM) which is
the 2008 City of Tacoma Surface Water Management Manual as amended for use in
the city of Auburn. The SWMM is a manual of specific requirements related to storm
drainage management.
C. Adopted — Highway Access Management. Chapter 468 -52 WAC, Highway
Access Management — Access Control Classification System and Standards, and
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amendments thereto, with the exception of WAC 468 -52 -060 and 468 -52 -070, is
adopted by reference with the following amendments:
1. All references to the "Department" shall be changed to "city of Auburn."
2. All references to Chapter 468 -51 WAC or sections thereof shall be
changed to "City of Auburn Engineering Design Standards." (Ord. 6283 § 1, 2009; Ord.
6258 § 1, 2009; Ord. 6157 § 1, 2008; Ord. 5042 § 1 (Exh. B), 1998.)
Section 15. Amendment to City Code. That Section 12.04.050 of the
Auburn City Code be, and the same hereby is, amended to read as follows:
12.04.050 Authorities for public infrastructure and right -of -way management.
A. Develop and Publish City Engineering Standards. The city engineer or
his /her designee shall develop, implement and publish engineering design standards
manuals _ - - . - .. _ _ _ _ _ _ . _ _ . - - _ _ _ _ .. _ _ _ • •• - - in accordance with
Section 12.04.010(B) 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 drawings of all recorded plats and short
plats.
D. Management of Record Drawings. The city engineer or his /her designee
shall develop office procedures for the safekeeping of record drawings of all public
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.
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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. Aftcr rcvicw by the
public works committee, the city engineer may execute a release or partial release of
any city utility, drainage, temporary road, or slope protection easements that are not
needed or are no longer needed for city purposes. All other city -held easements shall
be released only by city council action, and public right -of -way easements shall be
subject to the vacation provisions set forth in Chapter 12.48 ACC, and in accordance
with Chapter 35.79 RCW. (Ord. 6312 § 1, 2010; Ord. 6265 § 2, 2009; Ord. 6258 § 1,
2009; Ord. 6013 § 1, 2006; Ord. 5042 § 1 (Exh. B), 1998.)
Section 16. Amendment to City Code. That Section 12.32.020 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
street committeecity 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 public works
co
wee- approval of the city engineer.
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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 public work&
committee approval of the city engineer.
E. Applicant shall be an individual or organization that does not discriminate
in regard to race, religion, color, gender, national origin, creed, age, marital status,
veteran status, disability status, or any other basis prohibited by federal, state, or local
law. (Ord. 6125 § 1, 2007.)
Section 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
full council.
B. The city has authority to grant a single 30 -day extension to the applicant
upon receipt of a written request, absent any known reasons for denial. Extensions of
right -of -way use permits that involve downtown, community impacts, full street closures,
or uses with policy or broad city -wide implications shall require public works committcc
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.
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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 City Code. That Section 14.18.030 of the
Auburn City Code be, and the same hereby is, amended to read as follows:
14.18.030 Public hearing.
A. Upon determination of a complete application for development, other than
an individual single - family home, the director shall tentatively set a date for a public
hearing to be held before the _ _ - - - _ _ - _ _ - . - _ _ •• - - _ _ •• •• - - city's hearing
examiner. Every hearing held for the purposes of this chapter shall be open to the
public, and a record of the hearing shall be kept and made available for public
inspection.
B. Any notice of public hearing required by this section shall include the hour,
date and location of the hearing and a description of the property. The description may
be in the form of either a vicinity location sketch or a written description other than a
legal description.
C. The planning director shall cause notice of the hearing to be given in the
following manner:
1. Notice shall be published not less than 10 days prior to the hearing in a
newspaper of general circulation within the county where the real property is located;
2. Requiring the subject property posted in accordance with the applicable
requirements of Chapter 1.27 ACC. (Ord. 6287 § 2, 2010; Ord. 5811 § 3, 2003; Ord.
5306 § 1, 1999; Ord. 4872 § 1, 1996.)
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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 _ - _ _ _ _ - . - _ _ • - - __ • •• -- Hearing examiner.
The _ _ - - - _ _ - _ _ - . - _ _ •• - - _ _ •• •• - - hearing examiner, following the closure
of the public hearing, shall recommend to the city council that the city sign a
development agreement with the applicant or to not sign a development agreement with
the applicant. The _ _ - - - _ _ - _ _ - . - _ _ •• - - -e••••• - - 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 _ _ - _ : - . - : _ •• - - - -' hearing
examiner's recommendation, the city council shall, at its next public meeting, approve,
remand the recommendation to the committee 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 committee's 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.
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A. "Amendment" means any change in the wording, context or substance of
the comprehensive plan or a change to the comprehensive land use map or any other
map contained or referenced within any plan chapter or element.
B. "Area -wide map amendment" means an amendment to the
comprehensive land use map involving four or more contiguous or adjacent parcels
under different ownership that would be similarly affected by a proposed map
amendment.
C. "City- initiated planning program" means a planning program begun by
resolution of the city council, _ - . __ _ , or the planning commission,
addressing a geographic sub -area of the city's urban growth area (such as a special
area plan) or addressing a specific functional area (such as a utility plan).
D. "Director" means the director of the department of planning and
development or his /her designee.
E. "Docket" means a list of suggested amendments to the comprehensive
plan maintained by the director.
F. "Planning commission" is an appointed group serving in an advisory
capacity to the city council as specified in Chapter 2.45 ACC. (Ord. 6287 § 2, 2010; Ord.
6172 § 1, 2008.)
Section 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 e-r
commi wee terrand determine whether to direct them to the planning commission for
consideration. The city council or committee thereof may decline to consider any item
from the docket.
C. Proposed amendments on the docket may be considered appropriate for
action if the following criteria are met:
1. A proposed comprehensive plan text amendment addresses a matter
appropriate for inclusion in the plan;
2. The proposal demonstrates a strong potential to serve the public interest
by implementing specifically identified goals and policies of the plan;
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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 or committee thereof or the
planning commission may initiate a planning program or any type of amendment to the
comprehensive plan, regardless of whether site - specific or area -wide in scope.
C. Application. Except for city- initiated planning programs or individual
amendments, all proposed amendments shall be submitted to the director on an
approved form, together with required filing fees. An environmental checklist shall also
be submitted if required. A proposed amendment request shall include the following
information:
1. Name, address, phone number and e -mail address of the applicant and
contact person and written consent of the property owner if the proposal affects specific
property;
2. If the amendment concerns specific property, both a general description
and legal description of the property;
3. A description of the plan amendment being requested;
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.
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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.
k
C. "Definitions by reference" means the definitions and concepts set forth in
Chapter 6 of the Auburn shoreline master program attached to the ordinance codified in
this chapter, the Act (RCW 90.58.030), and state departmental definitions (WAC 173-
27 -030 and 173 -27 -250) adopted pursuant thereto which shall also apply as used in this
chapter as they would pertain to shorelines within the city limits.
PC. "Director" means the director of the dcpartmcnt of planning and
community development and public works of the city, or his /her duly authorized
designee. (Ord. 6287 § 2, 2010; Ord. 6235 § 1, 2009; Ord. 6095 § 1, 2008; Ord. 4840 §
1, 1996; Ord. 4225 § 1, 1987; Ord. 4047 § 71, 1985; 1957 code § 11.94.020.)
Section 27. Amendment to City Code. That Section 17.02.090 of the
Auburn City Code be, and the same hereby is, amended to read as follows:
17.02.090 Amendments.
A. Initiation of Amendments.
1. The city council,
seuc+lupon 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
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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, - -- _- _ _ _ - - -- _ - _ __ _ -e••••• - -, 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:
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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 pladirector of community development and public works
, may interpret the words and meaning of certain
conditions in order to resolve conflicts in implementation. All words in the ordinance
codified in this chapter shall carry their customary and ordinary meaning.
B. If changes to the language of the ordinance codified in this chapter are
required, such proposed changes shall be reviewed by the
committcc of thc city council, or its succcssor 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 committcc shall makc a
recommendationproposed 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 committee proposed change shall be r°�referred to
the _ - _ - _ - _ - - - - _ _ - _ - - planning commission which . For major changcs thc
cxamincr 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
city 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, or planning and development committee of the city
council, upon its own motion may request the planning commission or hearing examiner
to conduct a public hearing on the reclassification of a parcel or parcels of property;
3. The planning commission may upon its own motion call for a public
hearing on the reclassification of a parcel or parcels of property.
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B. Text.
1. The city council, or planning and development committee of the city
council, upon its own motion may request the planning commission to conduct a public
hearing to amend any portion or all of this title; provided, that text amendments that are
purely administrative or procedural do not require a public hearing, nor do they require
preliminary review or recommendations of the planning commission;
2. The planning commission may upon its own motion call for a public
hearing to amend any portion or all of this title, with the exception of purely
administrative or procedural amendments;
3. Any resident or property owner of the city may petition the city to request
an amendment to the text of this title.
C. For the purposes of this chapter, substantive amendments shall be
distinguished from procedural or administrative amendments in accordance with the
following: "Substantive" matters relate to regulations that define or limit what can be
done in terms of conduct, use or action (e.g., what use may be made of land, what
requirements apply to development, what public infrastructure may be required of
certain developments), and "procedural" or "administrative" matters are those that relate
to the process of how an application to take such action must be pursued (e.g., time
limits for applications and appeals, what forms must be used, and where or how
applications must be submitted. Essentially, "procedural" or "administrative" matters are
the mechanical rules by which substantive issues may be pursued). (Ord. 6287 § 2,
2010; Ord. 6198 § 3, 2008; Ord. 4840 § 1, 1996; Ord. 4304 § 1(46), 1988; Ord. 4229 §
2, 1987.)
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.
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1. All streets must be constructed to the city's standards. Variations from
minimum standards for pavement and right -of -way widths or other dimensional or
construction standards may be permitted when special design features of the PUD or
topographic considerations warrant the variation. The applicant must submit a written
justification for any proposed variation along with evidence that the minimal functional
requirements of the proposed street improvements are being met. The city engineer
shall review the proposed variation and shall determine if the minimal functional
requirements are being met and shall make a recommendation to the city councilic
works committee whether the variation should be approved. The public works
committee —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.
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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 public hcaringmeetinq.
A. Within 30 calendar days after receipt of the public way agreement
application, the city will complete review of the application to determine whether the
application contains sufficient information as outlined in ACC 20.04.020 to proceed with
processing. If during the 30- calendar -day review period, the city engineer determines
that the application is incomplete, the city engineer will issue a letter to the applicant
specifying the additional information necessary to complete the application. The
applicant will be given 30 calendar days to respond to the request for additional
information. Once the additional information is received by the city, an additional 14
calendar days will be allowed to determine whether the application is complete. Once
the application is determined complete, written notice will be provided following the
procedure outlined in this subsection. If the applicant needs additional time to respond,
the applicant may request up to an additional 30 calendar days. If a response is not
timely received, the application will be returned to the applicant with a notice that the
application is rejected due to failure to provide the required information. Any new
applications will require a new application fee.
B. When satisfied that the application is complete, the city engineer will notify
the applicant in writing that the application is complete and inform the applicant of the
schedule for consideration by the public works committee. If the public works committee
dctcrmincs that the application mcrits a scparatc public hcaring, it shall rccommcnd to
the city council that it schcdulc a public hcaring. The city clerk will notify the applicant in
writing of the scheduled meeting. (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.
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The applicant will be given 30 calendar days to respond. Once the additional
information is received by the city, an additional 14 calendar days will be allowed to
determine whether the application is complete. Once the application is determined
complete, written notice will be provided. If the applicant needs additional time to
respond the applicant may request up to an additional 30 calendar days. If a response
is not timely received, the application will be returned to the applicant with a notice that
the application is rejected due to failure to provide the required information. Any new
applications will require a new application fee.
B. Scheduling of Public Hearing. When satisfied that the application is
complete, the city engineer will notify the applicant in writing that the application is
complete and inform the applicant of the schedule for consideration by the public works
committcc. The public works committcc shall rcvicw thc proposal to includc thc planncd
use of the public ways and recommend any modifications required prior to
city council.
rccommcnd that thc city council sct thc datc for thc public hcaring. 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 schcdulc thc issuc will
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AM AM
AM AM
Page 27 of 130
draft Icasc agrccmcnt process for consideration of the matter by the city council. Once
thc tcam rcturns to thc committcc with a an acceptable draft lease agreement has been
prepared, the committcc will dctcrminc if thc issucs mcrit a scparatc public hcaring,
council city clerk will schedule the-a hearing before the city council, and the city clerk
will notify the applicant in writing of the scheduled hearing. (Ord. 5271 § 1, 1999; Ord.
5034 § 1, 1998.)
Section 35. Amendment to City Code. That Chapter 2.06 of the Auburn
City Code be, and the same hereby is, amended to read as follows:
Chapter 2.06
CITY COUNCIL
Sections:
2.06.010
2.06.020
2.06.030
2.06.040
2.06.0/15
2.06.050
2.06.060
Meetings — Time.
Meetings — Place.
Regular meetings.
Special meetings.
Committee of the whole meetings.
Meetings — Attendance failure — Office forfeiture.
Rules of procedure of the city council.
2.06.010 Meetings — Time.
A. Regular City Council Meetings. Commencing with the first regular council
meeting in January, 1984, the city council shall hold regular meetings on the first
second and third fourth Mondays of each month, at 7:307:00 p.m.
latcr than 11:00 p.m.; provided, however, that when the day fixed for any regular
meeting of the council falls upon a day designated by law as a legal or national holiday,
such meetings shall be held at the same hour on the next succeeding day not a holiday.
B. Council Study Sessions. The city council shall hold, as regular meetings,
study sessions on the first, third and fifth 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.
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2.06.020 Meetings — Place.
Except as specifically set in locations in Auburn other than at City Hall for
particular meetings, and with appropriate public notice, 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.)
Committee of the whole, consisting of the entire membership of the city council
and thc deputy mayor as presiding officcr, shall mcct at 55:39 p.m. en thc fifth
soccial rcoorts or
rescntations that do not lend themselves to the acci4as of ths
city council shall not takc final action on any mattcrs coming bcforc it at a mccting of thc
purpose, pursuant to thc requirements of ACC 2.06.0/10. (Ord. 5831 § 1, 200'1.)
2.06.050 Meetings — Attendance failure — Office forfeiture.
A councilmember shall forfeit his /her office if he /she fails to attend three
consecutive regular meetings of the council without being excused by the mayor. (Ord.
5802 § 1, 2004; Ord. 2907 § 2, 1976.)
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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 invalidity of any clause, sentence, paragraph,
subdivision, section or portion of this ordinance, or the invalidity of the application
thereof to any person or circumstance shall not affect the validity of the remainder of
this ordinance, or the validity of its application to other persons or circumstances.
Section 39. Effective date. This Ordinance shall take effect and be in force
five days from and after its passage, approval and publication as provided by law, and
on January 1, 2015.
INTRODUCED:
PASSED:
APPROVED:
CITY OF AUBURN
NANCY BACKUS, MAYOR
2 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.
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ATTEST:
Danielle E. Daskam, City Clerk
APPROVED AS TO FORM:
Daniel B. Heid, City Attorney
Published:
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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, 1983; Or. 2980 § 1, 1976; 1957 code § 8.14.040.)
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2.03.100 Meeting coordination duties.
The mayor or the mayor's designee shall be responsible for the preparation of
agendas for the meetings of the council and of the various boards, commissions and
committees of the city, and for including in those agendas the items and issues
forwarded by the city council and /or or by the committees designated to act on behalf of
the city council, and for including in those agendas the items and issues proposed by
the mayor and city administration, for consideration by the council. The mayor or the
mayor's designee shall also be responsible for publishing notices for meetings and for
public hearings for the meetings of the council and the various boards, commissions
and committees of the city, and for setting the dates and times for said public hearings,
except in those instances when setting dates and times for public hearings is required
by statute to be done through council resolution. (Ord. 6405 § 1, 2012; Ord. 5761 § 1,
2003.)
2.07.080 Subcommittee structure.
A. The junior city council may informally divide its members into
subcommittees to consider different topics of interest, or into subcommittees that it
deems helpful to its tasks.
B. The subcommittees will meet on an as- needed basis.
C. The subcommittees shall consist of at least three members of the junior
city council, but shall consist of less than a quorum of the junior city council (less than
five members).
D. Any discussions or recommendations of any subcommittees shall be
communicated to and shared with the full junior city council.
E. The subcommittees shall not constitute legislative or agency bodies so as
to trigger the requirement that the subcommittees comply with the Washington State
Open Public Meetings Act (Chapter 42.30 RCW). (Ord. 6441 § 1, 2013.)
2.12.010 Duties.
The city attorney shall advise authorities and officers on all legal matters
pertaining to the business of the city and shall approve all ordinances as to form. He
shall represent the city in all actions brought by or against the city, or against city
officials in their official capacity. He shall perform such other duties as the city council by
ordinance may direct. Included in the foregoing and in addition thereto, the city attorney
shall:
A. Attend all meetings of the city council, including regular, special and
interim meetings, as well as all regular meetings of the planning commission and board
of adjustment of the city;
B. Attend meetings, upon request, of all other official boards and
commissions of the city, as well as all 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
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time when the presence of either himself /herself or his /her assistant is required out of
the office in the performance of official legal business for the city;
D. Answer inquiries from citizens for information concerning city matters;
E. Consult interested officials and officers concerning, and prepare all
resolutions, ordinances, petitions, contracts, leases, easements, deeds, notices and
other legal documents, and suggest legislation, where the responsibility for preparation
is upon the city, or requested by city officials; examine and approve or suggest changes
in all such instruments when the duty of preparation rests upon others than the city;
F. Advise the council, boards, commissions, department heads and other city
officials and officers, rendering formal legal opinions when requested, or when it
appears to the attorney necessary or advisable;
G. Prosecute in the court of criminal jurisdiction, and on appeal in appellate
courts, all alleged violations of city ordinances, and actions to recover licenses,
penalties and forfeitures. Advise the proper officials and officers on the filing of
complaints therefor;
H. Prosecute and /or defend, in courts of original jurisdiction, and on appeal,
all civil actions brought by or against the city, or against officials, officers and employees
in their official capacity, including condemnation proceedings. Participate in
consultations concerning settlement of claims against the city, or its officials, officers
and employees in their official capacities; provided, that where insurance counsel also
defends the city, the main burden of such actions may be left to such counsel. See to
the ultimate enforcement of all judgments and decrees rendered in favor of the city in
any action or suit;
Participate in the expedition of bond issues, providing this shall not require
an opinion of the validity of the bonds in any case where special bond counsel is
retained by the city or any prospective bond buyer;
J. On request, participate in and consult concerning intergovernmental
relations in which the city is concerned;
K. Perform such other duties as may be required by the laws of the state.
Provided, however, the duties of the city attorney as prescribed in this section
shall not prohibit the employment of special counsel to assist the city attorney in
unusual cases of a specialized nature, when such employment is authorized by the city
council. (1957 code § 1.05.010.)
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
mayor. (1957 code § 1.36.200.)
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3.04.280 Landscaping and community beautification and gift cumulative reserve
fund — Designation of use of gifts.
Any person or party making a gift or donation to the fund referred to in ACC
3.04.270 may, in doing so, designate that the materials purchased with the gifts or
donations shall be inscribed in a suitable manner with a dedication or memorial to a
person, place or thing, as directed by the donor; provided, however, that the city
reserves the right to reject any such gift or donation at the option of the city for whatever
reason the city deems proper. The mayor shall recommend to the city council the
acceptance or rejection of the gifts or donations. (1957 code § 1.36.210.)
3.10.028 Approval of asset and /or system expansions, additions, and betterments.
Asset and /or system expansions, additions, and betterments that have been
recognized as authorized capital projects exceeding $25,000.00 in the budget shall be
reviewed by the mayor or his /her designee to formally initiate the project prior to a call
for bids. (Ord. 6147 § 1, 2008; Ord. 5490 § 1, 2000.)
5.20.050 License application — Approval or disapproval procedure.
The business license clerk shall collect all license fees and shall issue licenses in
the name of the city to all persons qualified under the provisions of this chapter and
shall:
A. Adopt all forms and prescribe the information required to implement this
chapter;
B. Submit all applications, to department heads as listed below for their
endorsements as to compliance by applicant with all city regulations which they have
the duty of enforcing:
1. Ambulance services license: fire and police departments;
2. Amusement device license: police (four or under) and building, planning
and police (five or more);
3. Auto races license: building, fire, planning and police departments;
4. Cabaret licenses: fire and police departments;
5. Carnivals, circuses, shows, etc., licenses: building, fire, police and
planning departments;
6. Dance licenses: fire and police departments;
7. Fire extinguisher service licenses: fire department;
8. Massage business, health salon, etc., licenses: building, fire, planning,
police departments and health officer;
9. Merchant patrol and private detective licenses: police department;
10. Motor vehicle wreckers licenses: building, fire, planning and police
departments;
11. Outdoor musical entertainment licenses: building, fire, planning and police
departments;
12. Pawnbrokers /secondhand dealers licenses: police department;
13. Solicitor license: police department;
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14. Tow truck business license: fire, planning and police departments.
C. Notify any applicant of the acceptance or rejection of his application and
shall, upon denial of any license state in writing the reasons therefor, the process for
appeal and deliver them to the applicant.
D. Deny any application for license upon written findings that the granting
would be detrimental to the public peace, health or welfare:
1. Whenever any such license is denied the applicant may within 15 days
from date of action, file written notice of appeal to the city's director of community
development and public works. Action of the city's director of community development
and public works may be appealed 15 days from date of action to the hearing examiner,
and action of the hearing examiner shall be conclusive and not subject to review.
2. When the issuance is denied and any action instituted by the applicant to
compel its issuance, such applicant shall not engage in the business for which the
license was refused unless a license is issued pursuant to a judgment ordering the
same. (Ord. 5897 § 9, 2005; Ord. 4012 § 2, 1984.)
5.20.070 License — Revocation.
A. Any license issued under the provisions of this chapter may be revoked by
the police chief and /or building official for any reason if the further operation thereof
would be detrimental to public peace, health or welfare, or the violation of any federal or
state law or any ordinance or regulation of the city. The city clerk or the director of
community development and public works shall cause to be served upon such parties
as may be deemed to be interested therein such reasonable notice as may be
determined to be proper of intention to revoke such license.
B. Where deemed necessary to prevent further detriment to public peace,
health or welfare, or violation of any federal or state law or any city ordinance or
regulation the police chief or building official may immediately revoke any license issued
under the provisions of this chapter.
C. Whenever any such license is revoked, the licensee may within 15 days
from date of action file written notice of appeal to the city's director of community
development and public works. Action of the director of community development and
public works may be appealed within 15 days from date of action to the hearing
examiner and action of the hearing examiner shall be conclusive and not subject to
review. (Ord. 4012 § 2, 1984.)
8.24.040 Public display of fireworks.
A. Every public display of fireworks shall be handled by a competent operator
approved by the police chief or his designee and shall be of such character, and so
located, discharged, or fired, that, in the opinion of the police chief or his designee, after
proper investigation, it will not constitute a hazard to property or endanger any person.
Should the police chief or his designee deny a permit for public display of fireworks, the
applicant therefor shall have the right to appeal that denial to the Auburn city council,
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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
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
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requirement shall be in effect from one -half hour prior to the arrival of fireworks until all
fireworks debris, equipment and fireworks have been removed from the site.
6. Spectators shall be restrained behind lines or barriers at least 200 feet
from the firing and storage locations.
F. Installation of Mortars.
1. Mortars shall be inspected for dents, bent ends, and cracked or broken
plugs prior to ground placement. Mortars found to be defective in any way shall not be
used. Any scale on the inside surface of the mortars shall be removed.
2. Mortars shall be positioned so that the shells are carried away from
spectators and buildings. When fired over water, mortars shall be installed at an angle
of not less than 10 degrees, pointing toward the water.
3. Mortars shall be either buried securely into the ground to a depth of
between two - thirds and three - fourths of their length or fastened securely in mortar
boxes or drums. In soft ground, heavy timber or rock slabs shall be placed beneath the
mortars to prevent their sinking or being driven into the ground during firing.
4. In damp ground, a weather - resistant bag shall be placed under the bottom
of the mortar prior to placement in the ground to protect the mortar against moisture.
5. Weather- resistant bags shall be placed over the open end of the mortar in
damp weather to keep moisture from accumulating on the inside surface of the mortar.
6. Sand bags, dirt boxes, or other suitable protection shall be placed around
the mortars to protect the operator from ground bursts. This requirement shall not apply
to the down -range side of the discharge site.
G. Operation of the Display.
1. The operator shall provide fire protection at the site as required by the fire
chief or his designee.
2. Only permitted fireworks are authorized for use.
3. If, in the opinion of the fire chief or his authorized representative, lack of
crowd control should pose a danger, the display shall be immediately discontinued until
such time as the situation is corrected.
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.
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8. The first shell fired shall be carefully observed to determine that its
trajectory will carry it into the intended firing range and that the shell functions over, and
any debris falls into, the planned landing area.
9. The mortars shall be re- angled or reset if necessary at any time during the
display.
10. When a shell fails to ignite in the mortar, the mortar shall not be touched
for a minimum of five minutes. After five minutes it shall be carefully flooded with water.
Immediately following the display, the mortar shall be emptied into a bucket of water.
The supplier shall be contacted as soon as possible for proper disposal instructions.
11. Operators shall not attempt to repair a damaged shell nor shall they
attempt to dismantle a dry shell. In all such cases, the supplier shall be contacted as
soon as possible for proper disposal instructions.
12. Operators shall not dry a wet shell, lance, or pot for reuse.
13. The entire firing range shall be inspected immediately following the display
to locate any defective shells. Any such shells found shall be immediately doused with
water before handling. The shells shall be placed in a bucket of water. The supplier
shall then be contacted as soon as possible for proper disposal instructions.
14. When fireworks are displayed in darkness the sponsor shall ensure that
the firing range is inspected early the following morning.
15. Any fireworks remaining unfired after the display shall be immediately
disposed of or removed from the city to the supplier from which they were purchased or
to a location approved by the fire chief or his designee.
16. The debris from discharged fireworks shall be properly disposed of.
H. The denial by the police chief of a permit for the public display of fireworks
may be appealed to the Auburn city council. (Ord. 5679 § 1, 2002; Ord. 5385 § 6, 2000;
Ord. 3976 § 8, 1984. Formerly 8.24.080.)
10.41.010 Restricted parking zones — Establishment.
A. In conformity with the standards and policies of the city council, the city
engineer is authorized to establish and remove restricted parking zones when, in the
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.
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D. The city shall issue permits or other means of identification, maintain lists
of vehicles used by residents, or adopt any other reasonable means of distinguishing
vehicles that may validly be parked in any restricted parking zone from other vehicles.
Restricted parking zones shall be appropriately signed and /or marked. Any vandalism or
destruction of parking control signs shall not affect the validity of a restriction upon
parking on any street segment designated by the city engineer if other signs or traffic
control devices give notice that parking in the street segment is restricted. (Ord. 6267 §
1, 2009.)
10.64.020 Definitions.
For the purposes of this chapter the following words shall have the meanings
ascribed to them as follows:
A. "Parade" is any parade, march, ceremony, show, exhibition, pageant, or
procession of any kind, or any similar display, in or upon any street, park or other public
place in the city.
B. "Parade permit" is a permit as required by this chapter.
C. "Person" is any person, firm, partnership, association, corporation,
company or organization of any kind. (Ord. 3311 § 2, 1978.)
10.64.090 Appeal procedure.
Any person aggrieved shall have the right to appeal the denial of a parade permit
to the city council. The appeal shall be taken within three days after notice of denial.
The city council shall act upon the appeal within seven days after its receipt. (Ord. 3713
§ 6, 1981; Ord. 3311 § 7, 1978.)
10.64.120 Public conduct during parades.
A. Interference. No person shall unreasonably hamper, obstruct or impede,
or interfere with any parade or parade assembly or with any person, vehicle or animal
participating or used in a parade.
B. Driving Through Parades. No driver of a vehicle shall drive between the
vehicles or persons comprising a parade when such vehicles or persons are in motion
and are conspicuously designated as a parade, unless directed to do so by an Auburn
police officer.
C. Parking on Parade Route. The police chief and the city engineer shall
have the authority, when reasonably necessary, to prohibit or restrict parking of vehicles
along a highway or part thereof constituting a part of the route of a parade. The police
chief or the city engineer shall cause to be posted signs to such effect, and it is unlawful
for any person to park or leave unattended any vehicle in violation thereof. No person
shall be liable for parking on a street unposted in violation of this chapter. (Ord. 3311 §
11, 1978.)
12.04.010 Adoption of engineering construction standards and engineering design
standards.
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A. Adopted — Engineering Construction Standards. The engineering
construction standards include the following documents and manuals which are herein
referred to as the "engineering construction standards" and are adopted by reference:
1. The Standard Plans (M21 -01) for Road, Bridge, and Municipal
Construction prepared by the Washington State Department of Transportation, the
latest publication and amendments thereto, as determined appropriate for city
infrastructure by the city engineer and for conformance with adopted city engineering
design standards.
2. The Standard Specifications for Road, Bridge and Municipal Construction,
the latest (English) edition publication and amendments thereto as issued by the
Washington State Department of Transportation as supplemented and amended
through special provisions by the city engineer for specific construction applications and
for conformance with adopted city engineering design standards.
3. The City of Auburn Engineering Standard Details, a manual of specific
plans or drawings developed and adopted by the city of Auburn department of public
works which show frequently recurring components of work that have been
standardized for repetitive use, as supplemented and amended by the city engineer for
specific construction applications and for conformance with adopted city engineering
design standards.
B. Adopted — Engineering Design Standards. The engineering design
standards as approved, supplemented and amended by the city engineer for specific
design applications 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 (SWMM) which is
the 2008 City of Tacoma Surface Water Management Manual as amended for use in
the city of Auburn. The SWMM is a manual of specific requirements related to storm
drainage management.
C. Adopted — Highway Access Management. Chapter 468 -52 WAC, Highway
Access Management — Access Control Classification System and Standards, and
amendments thereto, with the exception of WAC 468 -52 -060 and 468 -52 -070, is
adopted by reference with the following amendments:
1. All references to the "Department" shall be changed to "city of Auburn."
2. All references to Chapter 468 -51 WAC or sections thereof shall be
changed to "City of Auburn Engineering Design Standards." (Ord. 6283 § 1, 2009; Ord.
6258 § 1, 2009; Ord. 6157 § 1, 2008; Ord. 5042 § 1 (Exh. B), 1998.)
12.04.050 Authorities for public infrastructure and right -of -way management.
A. Develop and Publish City Engineering Standards. The city engineer or
his /her designee shall develop, implement and publish engineering design standards
manuals in accordance with Section 12.04.010(B) of the city code. The city engineer or
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his /her designee shall develop, implement and publish engineering construction
standards manuals and establish engineering standard construction practices for
regulation of all work within the public way by all persons to include, but not be limited
to, franchise public /private utilities and entities possessing a right -of -way agreement
and /or permit to assure the public's safety, welfare and interest is protected.
B. Survey Record Controls. The city engineer or his /her designee shall
develop office procedures for establishing horizontal and vertical control registration of
existing and future development within the urban growth areas of the city. Procedures
will utilize both city and private development record drawings and survey efforts to
continue to maintain an accurate current database for future reference. The city will
provide the most current benchmark geodetic survey data to new developers and for
city construction projects at the administrative cost of providing the service, and require
in exchange, at no cost to the city, the developer and /or city project sponsors to provide
equal quality record drawings in AutoCAD drawing file format at completion of the
development and /or city project to update records reflecting survey controls of the new
development and /or city infrastructure.
C. Subdivision Records. The city engineer or his /her designee shall develop
office procedures for the safekeeping of record drawings of all recorded plats and short
plats.
D. Management of Record Drawings. The city engineer or his /her designee
shall develop office procedures for the safekeeping of record drawings of all public
transportation, water, sanitary sewer, and storm drainage infrastructure as defined in
ACC 13.40.010.
E. Management of Right -of -Way and Easements. The city engineer or his /her
designee shall develop office procedures for the safekeeping of record drawings of all
public right -of -way, public access easements, city utility easements, cross drainage
easements, and public facilities developed and dedicated to the city.
The acquisition of real property and relocation of inhabitants required for the
completion of city projects shall be pursuant to ACC 2.03.030 and Chapter 3.10 ACC.
The city engineer may accept easements granted to the city as part of an
approved development project 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., the city engineer may
execute a release or partial release of any city utility, drainage, temporary road, or slope
protection easements that are not needed or are no longer needed for city purposes. All
other city -held easements shall be released only by city council action, and public right -
of -way easements shall be subject to the vacation provisions set forth in Chapter 12.48
ACC, and in accordance with Chapter 35.79 RCW. (Ord. 6312 § 1, 2010; Ord. 6265 § 2,
2009; Ord. 6258 § 1, 2009; Ord. 6013 § 1, 2006; Ord. 5042 § 1 (Exh. B), 1998.)
12.32.020 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
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deposited, placed, erected or maintained, upon any sidewalk located in any public
street, alley or place of the city, or upon any portion of such sidewalk, any bench, chair,
rack, stand, structure, sign, merchandise or other object, except as approved by the city
engineer, or to place, erect or maintain, or cause to be placed, erected or maintained,
over such sidewalk, or over any portion of such sidewalk, any structure, sign or other
object at such height or in such manner as to prevent or interfere with the free and
unobstructed use of all of such sidewalk by pedestrians. (1957 code § 8.18.020.)
12.60.040 Type B short -term permit.
A. Type B is a short -term permit for uses of less than 30 days.
B. Type B permit uses include, but are not limited to, right -of -way closures for
sidewalk sales, rallies, block parties, or other similar events.
C. In the event a Type B permit involves a street, sidewalk, or parking
closure, additional fees are required per the city of Auburn fee schedule.
D. Issuance of right -of -way use permits that involve downtown, community
impacts, full street closures, or uses with policy implications shall require approval of the
city engineer.
E. Applicant shall be an individual or organization that does not discriminate
in regard to race, religion, color, gender, national origin, creed, age, marital status,
veteran status, disability status, or any other basis prohibited by federal, state, or local
law. (Ord. 6125 § 1, 2007; Ord. 5298 § 1, 1999; Ord. 5042 § 1 (Exh. D), 1998.)
12.60.050 Type C long -term permit.
A. Type C is a long -term permit for uses of 30 days to five years.
B. Type C permit uses include, but are not limited to, installation of
groundwater monitoring wells, landscaping, fences, awnings, underground storage
tanks, bus shelters, underground or overhead facilities such as fiber optic cables or
utility vaults except when a franchise or public way agreement applies, use of the right -
of -way to paint or repair a building or to stage for construction, sidewalk cafes, and
sidewalk vending units.
C. In the event a Type C permit involves a street, sidewalk, or parking
closure, additional fees are required per the city of Auburn fee schedule.
D. Issuance of right -of -way use permits that involve downtown, community
impacts, full street closures, or uses with policy implications shall require approval of the
city engineer.
E. Applicant shall be an individual or organization that does not discriminate
in regard to race, religion, color, gender, national origin, creed, age, marital status,
veteran status, disability status, or any other basis prohibited by federal, state, or local
law. (Ord. 6125 § 1, 2007.)
12.60.070 Right -of -way use permit term, extension, renewal and termination.
A. No permit term shall exceed five years unless it has been approved by the
full council.
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B. The city has authority to grant a single 30 -day extension to the applicant
upon receipt of a written request, absent any known reasons for denial. Extensions of
right -of -way use permits that involve downtown, community impacts, full street closures,
or uses with policy 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.
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.)
14.18.030 Public hearing.
A. Upon determination of a complete application for development, other than
an individual single - family home, the director shall tentatively set a date for a public
hearing to be held before the city's hearing examiner. Every hearing held for the
purposes of this chapter shall be open to the public, and a record of the hearing shall be
kept and made available for public inspection.
B. Any notice of public hearing required by this section shall include the hour,
date and location of the hearing and a description of the property. The description may
be in the form of either a vicinity location sketch or a written description other than a
legal description.
C. The planning director shall cause notice of the hearing to be given in the
following manner:
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1. Notice shall be published not less than 10 days prior to the hearing in a
newspaper of general circulation within the county where the real property is located;
2. Requiring the subject property posted in accordance with the applicable
requirements of Chapter 1.27 ACC. (Ord. 6287 § 2, 2010; Ord. 5811 § 3, 2003; Ord.
5306 § 1, 1999; Ord. 4872 § 1, 1996.)
14.18.050 Hearing examiner.
The hearing examiner, following the closure of the public hearing, shall
recommend to the city council that the city sign a development agreement with the
applicant or to not sign a development agreement with the applicant. The hearing
examiner shall not recommend approval of the development agreement unless it finds
the proposal is in conformance with the findings of fact as outlined in ACC 14.18.070(A).
(Ord. 6287 § 2, 2010; Ord. 4872 § 1, 1996.)
14.18.060 City council review.
A. Upon receipt of the hearing examiner's recommendation, the city council
shall, at its next public meeting, approve, remand the recommendation to the hearing
examiner or schedule a closed record hearing. Any aggrieved person may request the
council to conduct its own closed record hearing. The council can only amend or reject
the hearing examiner's recommendation.
B. If the council holds its own closed record hearing on a proposed
development agreement, the council shall consider the findings, conclusions and
recommendations of the hearing examiner's public hearing. After conducting its own
closed record hearing the council may approve, approve with conditions, reject or return
the application to the applicant for corrections or modifications.
C. When the council makes its decision on the development agreement, it
shall pass a resolution prepared by the city attorney. A resolution prepared under this
subsection shall include formal findings of fact and conclusions supporting the decision.
If the development meets all city development standards, the findings shall affirm that
the development conforms with all applicable city development standards. If the
development agreement allows modifications from some city standards, the
modifications shall be specified in the resolution. (Ord. 6287 § 2, 2010; Ord. 5785 § 1,
2003; Ord. 5306 § 1, 1999; Ord. 4872 § 1, 1996.)
14.22.040 Definitions.
A. "Amendment" means any change in the wording, context or substance of
the comprehensive plan or a change to the comprehensive land use map or any other
map contained or referenced within any plan chapter or element.
B. "Area -wide map amendment" means an amendment to the
comprehensive land use map involving four or more contiguous or adjacent parcels
under different ownership that would be similarly affected by a proposed map
amendment.
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C. "City- initiated planning program" means a planning program begun by
resolution of the city council or the planning commission, addressing a geographic sub-
area of the city's urban growth area (such as a special area plan) or addressing a
specific functional area (such as a utility plan).
D. "Director" means the director of the department of planning and
development or his /her designee.
E. "Docket" means a list of suggested amendments to the comprehensive
plan maintained by the director.
F. "Planning commission" is an appointed group serving in an advisory
capacity to the city council as specified in Chapter 2.45 ACC. (Ord. 6287 § 2, 2010; Ord.
6172 § 1, 2008.)
14.22.080 Docketing.
A. In accordance with RCW 36.70A.470, suggested changes to the
comprehensive plan which are not specific to any site may be submitted by any
individual, organization or general or special purpose government and shall be
coordinated by the director. The director shall create appropriate forms for such
submittals that require the submittal to address the criteria outlined in subsection C of
this section. The list shall be known as the "docket" and is the means to suggest a
change or identify a deficiency in the comprehensive plan. An item may be submitted to
the docket at any time during the calendar year. There is no fee associated with
submitting an item to the docket.
B. Annually, the director shall review such suggestions with the city council
and determine whether to direct them to the planning commission for consideration. The
city council may decline to consider any item from the docket.
C. Proposed amendments on the docket may be considered appropriate for
action if the following criteria are met:
1. A proposed comprehensive plan text amendment addresses a matter
appropriate for inclusion in the plan;
2. The proposal demonstrates a strong potential to serve the public interest
by implementing specifically identified goals and policies of the plan;
3. The proposal addresses the interests and changed needs of the entire city
as identified in the plan;
4. The proposal does not raise policy or land use issues that are more
appropriately addressed by an ongoing work program approved by the city council;
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.
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D. Any item on the docket that is not determined to be appropriate for action
may be proposed under ACC 14.22.090, provided it is timely and properly filed. (Ord.
6172 § 1, 2008.)
14.22.090 Proposals for amendments.
A. Privately Initiated Amendments. A proposed amendment to the
comprehensive plan, other than docketing pursuant to ACC 14.22.080, may be
submitted by any individual, organization, corporation or partnership; general or special
purpose government other than the city; or entity of any kind; provided, that if the
proposal involves specific real property, the property owner has provided written
consent to the proposal.
B. City- Initiated Amendments. The city council or the planning commission
may initiate a planning program or any type of amendment to the comprehensive plan,
regardless of whether site - specific or area -wide in scope.
C. Application. Except for city- initiated planning programs or individual
amendments, all proposed amendments shall be submitted to the director on an
approved form, together with required filing fees. An environmental checklist shall also
be submitted if required. A proposed amendment request shall include the following
information:
1. Name, address, phone number and e -mail address of the applicant and
contact person and written consent of the property owner if the proposal affects specific
property;
2. If the amendment concerns specific property, both a general description
and legal description of the property;
3. A description of the plan amendment being requested;
4. Written statements addressing the purpose of the amendment, why it is
being requested, and how it is consistent with the criteria listed in ACC 14.22.110;
5. If the request is for an amendment to the comprehensive land use map,
an indication of what concurrent change in zoning is also being requested.
D. Department Report. The director shall prepare an assessment and
recommendation on all proposed amendment requests and include this within a report
that evaluates all requests concurrently. (Ord. 6172 § 1, 2008.)
16.08.020 Definitions.
As used in this chapter:
A. "Act" means the Shoreline Management Act of 1971 (Chapter 90.58
RCW) and state departmental regulations pursuant thereto, including any amendments
thereto.
B. "Definitions by reference" means the definitions and concepts set forth in
Chapter 6 of the Auburn shoreline master program attached to the ordinance codified in
this chapter, the Act (RCW 90.58.030), and state departmental definitions (WAC 173-
27 -030 and 173 -27 -250) adopted pursuant thereto which shall also apply as used in this
chapter as they would pertain to shorelines within the city limits.
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C. "Director" means the director of community development and public works
of the city, or his /her duly authorized designee. (Ord. 6287 § 2, 2010; Ord. 6235 § 1,
2009; Ord. 6095 § 1, 2008; Ord. 4840 § 1, 1996; Ord. 4225 § 1, 1987; Ord. 4047 § 71,
1985; 1957 code § 11.94.020.)
17.02.090 Amendments.
A. Initiation of Amendments.
1. The city council, upon its own motion may request the planning
commission to conduct a public hearing to amend any portion or all of this title;
provided, that no public hearing is required for a purely administrative or procedural
amendment of any portion of this title;
2. The planning commission may upon its own motion call for a public
hearing to amend any portion or all of this title, with the exception of purely
administrative or procedural amendments;
3. Any resident or property owner of the city may petition the city to request
an amendment to the text of this title.
B. Public Hearing and Notice.
1. With the exception of purely administrative or procedural amendments, the
planning director shall schedule a public hearing to be held before the planning
commission for any proposal to amend this title or to adopt or repeal any ordinance
under the authority established by Chapter 58.17 RCW. The director shall cause notice
of such hearing to be given as follows:
a. By sending to any individual or organization which has submitted a
request for notification a notice indicating the time and place of public hearing,
describing the general nature of the proposal, and indicating how copies of the
proposed ordinance or amendment can be obtained; and
b. By publishing in a newspaper of general circulation in the area a notice
indicating the time and place of public hearing, describing the general nature of the
proposal, and indicating how copies of the proposed ordinance or amendment may be
obtained.
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
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requirements apply to development), and procedural or administrative matters are those
that relate to the process of how an application to take such action must be pursued
(e.g., time limits for applications and appeals, what forms must be used, and where or
how applications must be submitted. Essentially, procedural or administrative matters
are the mechanical rules by which substantive issues may be pursued).
C. Planning Commission Recommendation. After the public hearing has
been closed, the planning commission shall recommend to the council either adoption,
adoption with modifications, or rejection of the proposed ordinance or amendment. In
formulating its recommendation, the commission shall consider, among other things, the
relationship between the proposed ordinance or amendment and the comprehensive
plan, other applicable city policies, and other existing land use controls.
D. City Council Action. The planning director shall forward the planning
commission's recommendation, in writing, to the council. The council may elect to hold
its own public hearing, in which case the city clerk shall cause adequate notice to be
given. The council shall consider, but shall not be bound by, the planning commission's
recommendation in reaching its own decision. (Ord. 6287 § 2, 2010; Ord. 6239 § 1,
2009.)
18.08.090 Amendments.
Amendments to this chapter may be initiated by the city, the proponent, or the
proponent's successor, and shall occur as follows:
A. The director of community development and public works may interpret
the words and meaning of certain conditions in order to resolve conflicts in
implementation. All words in the ordinance codified in this chapter shall carry their
customary and ordinary meaning.
B. If changes to the language of the ordinance codified in this chapter are
required, such proposed changes shall be reviewed by the director of community
development and public works. If, in the estimation of the director of community
development and public works, the proposed change is minor, then the proposed
change shall be forwarded directly to the city council for its consideration. If, in the
estimation of the director of community development and public works, the change is
major, the proposed change shall be referred to the planning commission which shall
conduct a public hearing and make a recommendation to the city council. (Ord. 6382 §
2, 2011.)
18.29.070 Design standards.
Adopted by reference are the "Downtown Auburn Design Standards" and the
"Auburn Junction Design Standards," a copy of which shall be maintained by the city
clerk. These documents contain standards for development of the built environment in
the DUC zone. The director shall have the authority to apply the standards to specific
development proposals. These standards may be amended upon approval by the city
council. (Ord. 6419 § 2, 2012; Ord. 6287 § 2, 2010; Ord. 6190 § 1, 2008; Ord. 6071 § 6
(Exh. A), 2007.)
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18.68.020 Initiation of amendments.
A. Zoning Map.
1. One or more property owners of the parcel may submit an application
requesting a reclassification of the parcel;
2. The city council may request the planning commission or hearing
examiner to conduct a public hearing on the reclassification of a parcel or parcels of
property;
3. The planning commission may upon its own motion call for a public
hearing on the reclassification of a parcel or parcels of property.
B. Text.
1. The city council may request the planning commission to conduct a public
hearing to amend any portion or all of this title; provided, that text amendments that are
purely administrative or procedural do not require a public hearing, nor do they require
preliminary review or recommendations of the planning commission;
2. The planning commission may upon its own motion call for a public
hearing to amend any portion or all of this title, with the exception of purely
administrative or procedural amendments;
3. Any resident or property owner of the city may petition the city to request
an amendment to the text of this title.
C. For the purposes of this chapter, substantive amendments shall be
distinguished from procedural or administrative amendments in accordance with the
following: "Substantive" matters relate to regulations that define or limit what can be
done in terms of conduct, use or action (e.g., what use may be made of land, what
requirements apply to development, what public infrastructure may be required of
certain developments), and "procedural" or "administrative" matters are those that relate
to the process of how an application to take such action must be pursued (e.g., time
limits for applications and appeals, what forms must be used, and where or how
applications must be submitted. Essentially, "procedural" or "administrative" matters are
the mechanical rules by which substantive issues may be pursued). (Ord. 6287 § 2,
2010; Ord. 6198 § 3, 2008; Ord. 4840 § 1, 1996; Ord. 4304 § 1(46), 1988; Ord. 4229 §
2, 1987.)
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.
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C. Underground Facilities. All public utilities must be placed underground
except those that by their nature must be on or above ground, such as streets, fire
hydrants, power vaults, telephone pedestals and open watercourses. The applicant is
responsible for making the necessary arrangements with the appropriate entities for the
installation of such services.
D. Streets.
1. All streets must be constructed to the city's standards. Variations from
minimum standards for pavement and right -of -way widths or other dimensional or
construction standards may be permitted when special design features of the PUD or
topographic considerations warrant the variation. The applicant must submit a written
justification for any proposed variation along with evidence that the minimal functional
requirements of the proposed street improvements are being met. The city engineer
shall review the proposed variation and shall determine if the minimal functional
requirements are being met and shall make a recommendation to the city council
whether the variation should be approved. The city council shall act upon the request
and may require conditions of approval to ensure the minimal functional requirements
are being met.
2. Private streets may be permitted within the PUD provided they meet the
following criteria:
a. Use of the private street is limited to those accessing property within the
planning area or immediately adjacent to the planning area and is not needed by non -
PUD residents to travel from one public street to another. The design of the private
street shall be such that it will discourage any through traffic that is not related to the
planning area itself.
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.
Ordinance No. 6532
October 2, 2014
Page 19
CODE SECTIONS WITH CHANGES ACCEPTED
DI.A Page 51 of 130
d. A legally incorporated property owners' association assumes the
responsibility and cost to repair and maintain the proposed private streets. If the
association fails to maintain the street, the by -laws of the association give the city the
right to maintain the street and charge the cost of the maintenance, including any
administrative costs, to the association members.
e. The by -laws establishing the association must state that if future owners
should request that private streets be changed to public streets, then the owners fully
agree that, before acceptance of such streets by the city, the owners will bear full
expense of reconstruction or any other action necessary to make the streets
substantially consistent to the requirements of public streets, applicable at that time.
(Ord. 5092 § 1, 1998.)
20.04.030 Notice of complete application and scheduling of meeting.
A. Within 30 calendar days after receipt of the public way agreement
application, the city will complete review of the application to determine whether the
application contains sufficient information as outlined in ACC 20.04.020 to proceed with
processing. If during the 30- calendar -day review period, the city engineer determines
that the application is incomplete, the city engineer will issue a letter to the applicant
specifying the additional information necessary to complete the application. The
applicant will be given 30 calendar days to respond to the request for additional
information. Once the additional information is received by the city, an additional 14
calendar days will be allowed to determine whether the application is complete. Once
the application is determined complete, written notice will be provided following the
procedure outlined in this subsection. If the applicant needs additional time to respond,
the applicant may request up to an additional 30 calendar days. If a response is not
timely received, the application will be returned to the applicant with a notice that the
application is rejected due to failure to provide the required information. Any new
applications will require a new application fee.
B. When satisfied that the application is complete, the city engineer will notify
the applicant in writing that the application is complete and inform the applicant of the
schedule for consideration by the city council. The city clerk will notify the applicant in
writing of the scheduled meeting. (Ord. 5271 § 1, 1999; Ord. 5034 § 1, 1998.)
20.06.030 Notice of complete application and scheduling of public hearing.
A. Notice of Complete Application. Within 30 calendar days after receipt of
the franchise application, the city will complete review of the application to determine
whether the application contains sufficient information as outlined in ACC 20.06.020 to
proceed with processing. If during the 30- calendar -day review period, the city engineer
determines that the application is incomplete, the city engineer will issue a letter to the
applicant specifying the additional information necessary to complete the application.
The applicant will be given 30 calendar days to respond. Once the additional
information is received by the city, an additional 14 calendar days will be allowed to
determine whether the application is complete. Once the application is determined
Ordinance No. 6532
October 2, 2014
Page 20
CODE SECTIONS WITH CHANGES ACCEPTED
DI.A Page 52 of 130
complete, written notice will be provided. If the applicant needs additional time to
respond the applicant may request up to an additional 30 calendar days. If a response
is not timely received, the application will be returned to the applicant with a notice that
the application is rejected due to failure to provide the required information. Any new
applications will require a new application fee.
B. Scheduling of Public Hearing. When satisfied that the application is
complete, the city engineer will notify the applicant in writing that the application is
complete and inform the applicant of the schedule for consideration by the city council.
The city council will schedule the hearing and the city clerk will notify the applicant in
writing of the scheduled hearing. (Ord. 5271 § 1, 1999; Ord. 5034 § 1, 1998.)
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 — process for
consideration of the matter by the city council. Once an acceptable draft lease
agreement has been prepared, the city clerk will schedule a hearing before the city
council, and the city clerk will notify the applicant in writing of the scheduled hearing.
(Ord. 5271 § 1, 1999; Ord. 5034 § 1, 1998.)
Chapter 2.06
CITY COUNCIL
Sections:
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
October 2, 2014
Page 21
CODE SECTIONS WITH CHANGES ACCEPTED
DI.A Page 53 of 130
2.06.010
2.06.020
2.06.030
2.06.040
2.06.050
2.06.060
Meetings — Time.
Meetings — Place.
Regular meetings.
Special 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 second
and fourth Mondays of each month, at 7:00 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. The city council shall hold, as regular meetings,
study sessions on the first, third and fifth 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.)
2.06.020 Meetings — Place.
Except as specifically set in locations in Auburn other than at City Hall for
particular meetings, and with appropriate public notice, all regular meetings of the city
council, including regular council meetings and study sessions, shall be held in the
council chambers situated in the City Hall building, 25 West Main Street, Auburn, King
County, Washington, and shall be open to the general public. (Ord. 5802 § 1, 2004;
Ord. 3759 § 1, 1982; 1957 code § 1.04.020.)
2.06.030 Regular meetings.
Regular meetings of the city council shall be held on the times and dates as may
be heretofore or hereafter set forth by ordinance. (Ord. 5802 § 1, 2004; 1957 code §
1.04.060.)
2.06.040 Special meetings.
Special meetings of the city council may be called by the mayor or any three
members of the council by written notice delivered to each member of the council at
least 24 hours before the time specified for the proposed meeting; provided, however,
that no ordinance or resolution shall be passed, or contract let or entered into, or bill for
the payment of money allowed, at any special meeting unless public notice of such
meeting has been given by such notice to the local press, radio and television as will be
reasonably calculated to inform the city's inhabitants of the meeting. (Ord. 5802 § 1,
2004; 1957 code § 1.04.070.)
Ordinance No. 6532
October 2, 2014
Page 22
CODE SECTIONS WITH CHANGES ACCEPTED
DI.A Page 54 of 130
2.06.050 Meetings — Attendance failure — Office forfeiture.
A councilmember shall forfeit his /her office if he /she fails to attend three
consecutive regular meetings of the council without being excused by the mayor. (Ord.
5802 § 1, 2004; Ord. 2907 § 2, 1976.)
2.06.060 Rules of procedure of the city council.
The rules of procedure of the city council of Auburn, Washington, shall be as
approved by a majority vote of the city council. (Ord. 5802 § 1, 2004)2
2 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
October 2, 2014
Page 23
CODE SECTIONS WITH CHANGES ACCEPTED
DI.A Page 55 of 130
Mayor:
The question has surfaced whether it is advisable for a member of the City Council to serve as chair of
Study Sessions (in a strong Mayor form of government). Roberts Rules of Order does not address that
issue, and a review of what cities actually do shows that cities do a wide variety of different things with
respect to who chairs what meetings.
Roberts Rules of Order does identify a concern when a chair who is a voting member wants to bring a
motion. In such an instance, Roberts Rules of Order would have the chair actually step down from the
role as chair, allowing another to take his or her place in presiding over the meeting - so that the (initial)
chair could make a motion and discuss that motion along with other members of the body. To avoid this
musical chairs scenario, some organizations consciously choose to have a non - member of the
board /voting body serve as chair.
This concern may not be very salient for City of Auburn Study Sessions, since Study Sessions would not
normally be where motions occur (unless the procedural rules deferring motions to Regular Meetings
were suspended ).
It may also be that the chair of the Study Session, if also a member of the City Council, would want to be
able to discuss the merits of a proposal before the City Council (at a Study Session) and that may be
more difficult if the same person is trying to fill the roles of chair and proponent or opponent of a
particular proposition. The Chair is typically supposed to be impartial.
I would also point out that in government, it is not unusual to see a legislative body presided over by a
chair from the executive branch, such as in the U.S. Senate which has as its presiding officer the Vice
President. Similarly, the Washington State Senate has the Lieutenant Governor preside over its
meetings.
To answer the question, there is nothing in the rules of parliamentary procedure that precludes a
member of the City Council from serving as chair (a number of cities do that). But, there are some things
that would need to be handled more cautiously with that arrangement. Again, I think that these issues
are why some cities and other governmental bodies have chosen to have the executive preside over all
meetings of the City Council.
Please let me know if you have any questions.
Dan
10 -6 -14
DI.A Page 56 of 130
AuBuRN ITY Cdr •
\VASH E NGTo
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 5105
Department:
Attachments:
Administration Res5105
Coundl Rules and Procedures -with Mark-
ups
Coundl Rules and Procedures -Clean
Administrative Recommendation:
Background Summary:
Reviewed by Council Committees:
Date:
October 8, 2014
Budget Impact:
$0
Councilmember: Staff:
Meeting Date: October 13, 2014 Item Number: DI.B
DI.B AUBURN * MORE THAN YOU IMAGINED
Page 57 of 130
RESOLUTION NO. 5 1 0 5
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AMENDING THE CITY COUNCIL
RULES OF PROCEDURE AS ADOPTED BY ORDINANCE
NO. 5802 AND AMENDED BY RESOLUTION NOS. 4282,
4429, 4467, 4615, 4686, 4740, 4813 and 4090
WHEREAS, on February 2, 2004, the Auburn City Council adopted Ordinance
No. 5802 approving the Rules of Procedure of the City Council; and
WHEREAS, Ordinance No. 5802 also provided that future amendments or
modifications to the Council Rules of Procedure could be accomplished by Resolution
properly introduced and passed by the City Council; and
WHEREAS, on December 12, 2007, December 15, 2008, April 6, 2009, July 6,
2010, February 22, 2011, August 15, 2011, May 21, 2012, and February 19, 2013, the
City Council passed Resolution Numbers 4282, 4429, 4467, 4615, 4686, 4740, 4813
and 4909, respectively, which Resolutions adopted certain modifications to the Council
Rules of Procedure; and
WHEREAS, in connection with the change of City Council Meeting formats from
Council Committees to Council Study Sessions, the Council Operations Committee has
recommended additional modifications to the Rules of Procedure.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, IN A REGULAR MEETING DULY ASSEMBLED, HEREWITH
RESOLVES AS FOLLOWS:
Section 1. The Rules of Procedure of the City Council, as adopted by
Ordinance No. 5802 on February 2, 2004, amended by Resolution No. 4282 on
December 12, 2007, Resolution No. 4429 on December 15, 2008, Resolution No. 4467
Resolution No. 5105
October 1, 2014
Page 1 of 2
DI.B Page 58 of 130
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, and on January 1, 2015.
DATED and SIGNED this day of , 2014.
CITY OF AUBURN
NANCY BACKUS, MAYOR
ATTEST:
Danielle E. Daskam, City Clerk
APPROVED AS TO FORM:
Daniel B. Heid, City Attorney
Resolution No. 5105
October 1, 2014
Page 2 of 2
DI.B Page 59 of 130
Exhibit A — Resolution No. 5105
SECTION 1
SECTION 2
SECTION 3
SECTION 4
SECTION 5
SECTION 6
SECTION 7
SECTION 8
SECTION 9
SECTION 10
SECTION 11
SECTION 12
SECTION 13
SECTION 14
SECTION 15
SECTION 16
SECTION 17
SECTION 18
SECTION 19
SECTION 20
RULES OF PROCEDURE OF THE CITY COUNCIL OF
THE CITY OF AUBURN, WASHINGTON
TABLE OF CONTENTS
AUTHORITY 1
COUNCIL MEETINGS 1
ORDER OF BUSINESS OF REGULAR COUNCIL MEETING
AGENDA
COUNCILMEMBER ATTENDANCE AT MEETINGS
PRESIDING OFFICER - DUTIES
COUNCILMEMBERS
DEBATES
PARLIAMENTARY PROCEDURES AND MOTIONS
VOTING
COMMENTS, CONCERNS AND TESTIMONY TO COUNCIL
PUBLIC HEARINGS AND APPEALS
DEPUTY MAYOR SELECTION PROCESS
COUNCIL POSITION VACANCY
COUNCIL MEETING STAFFING
COUNCIL RELATIONS WITH STAFF
4
10
11
12
13
14
16
17
17
18
19
19
19
COUNCIL STUDY SESSIONS, COMMITTEES AND CITIZEN
ADVISORY BOARDS 20
COUNCIL REPRESENTATION & INTERNAL COMMUNICATION 27
TRAVEL AUTHORIZATION 30
CONFIDENTIALITY 31
ENFORCEMENT OF RULES OF PROCEDURE 31
RULES OF PROCEDURE OF THE CITY COUNCIL OF
THE CITY OF AUBURN, WASHINGTON
SECTION 1 - AUTHORITY
The Auburn City Council hereby establishes the following rules for the conduct of
Council meetings, proceedings and business. These rules shall be in effect upon
adoption by resolution of Council and until such time as they are amended or new rules
are adopted in the manner provided by these rules.
SECTION 2 - COUNCIL MEETINGS
All meetings of the City Council shall be open to the public and all persons shall be
permitted to attend any meeting of this body, except as provided in RCW Chapter
42.30.
Page 1
DI.B
Page 60 of 130
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
second and third fourth 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 7:307:00 p.m.
A quorum shall constitute four or more Councilmembers for the transaction of
business.
In the event that a scheduled Regular Council meeting falls on a legal holiday,
the meeting shall be held at 7:307:00 p.m. on the first business day following the
holiday.
The Presiding Officer shall be as set forth in Section 5.1 herein.
The Presiding Officer shall be seated at the center of the dais, and the Deputy
Mayor shall be seated to the Presiding Officer's immediate left. When the
Deputy Mayor is acting as the Presiding Officer, in the absence of the Mayor, the
Deputy Mayor shall be seated in the center of the dais. The seating arrangement
for the other members of the Council shall be as directed by the City Council
Operations Committoo pursuant to a motion duly made and seconded and
approved by a majority of the City Council, following the recommendation of an
ad -hoc committee of three Councilmembers called for that purpose.
1 2.03.100 Meeting coordination duties.
The mayor or the mayor's designee shall be responsible for the preparation of agendas for the
meetings of the council and of the various boards, commissions and committees of the city, and for
including in those agendas the items and issues forwarded by the various council committee &city council
and /or or by the committees designated to act on behalf of the city council, and for including in those
agendas the items and issues proposed by the mayor and city administration, for consideration by the
council. The mayor or the mayor's designee shall also be responsible for publishing notices for meetings
and for public hearings for the meetings of the council and the various boards, commissions and
committees of the city, and for setting the dates and times for said public hearings, except in those
instances when setting dates and times for public hearings is required by statute to be done through
council resolution. (Ord. 6405 § 1, 2012; Ord. 5761 § 1, 2003.)
Page 2
DI.B
Page 61 of 130
Exhibit A — Resolution No. 5105
[See ACC 2.06.010 (Ord. 3916 § 1, 1983; 1957 code § 1.04.010); ACC 2.06.020 (Ord.
3759 § 1, 1982; 1957 code § 1.04.020); ACC 2.06.030 (1957 code § 1.04.060); ACC
2.06.080 (1957 code § 1.04.090).]
2.2 Study Sessions - - In accordance with Sections 2.06.010(B) and 2.06.020 of the
City Code, Study Sessions of the City Council shall held on the first, third and
fifth 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.
Study Sessions will begin at the hour of 5:30 p.m.
A quorum shall constitute four or more Councilmembers for the transaction of
business.
In the event that a scheduled Study Session falls on a legal holiday, the meeting
shall be held at 5:30 p.m. on the first business day following the holiday.
The Deputy Mayor shall preside over Study Sessions.
No particular seating arrangement shall be required for the Deputy Mayor or
other members of the Council, or of the Mayor or any other persons invited to sit
at the table of Study Sessions.
2.3 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).]
1 2.32.4 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.
1 2-42.5 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.
Page 3
DI.B
Page 62 of 130
Exhibit A — Resolution No. 5105
Executive sessions may be held during Regular and Special meetings of the City
Council and during Council Committcc mcctings, 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).]
1 2.52.6 Cancellation of Meetings - Meetings may be canceled by a majority vote of the
Council and proper notice given by the City Clerk.
SECTION 3 - ORDER OF BUSINESS OF REGULAR COUNCIL MEETING AGENDA
All items to be included on the Council's agenda for consideration should be submitted
to the City Clerk, in full by 12:00 Noon on the Tuesday preceding each regular Council
meeting. The City Clerk shall then prepare a proposed agenda according to the order of
business, for approval by the Mayor, or his /her designee. A final agenda will then be
prepared by the City Clerk and distributed to Councilmembers as the official agenda for
the meeting.
In connection with the action of the City Council at Regular Council Meetings, certain
items of business shall be subject to First and Second Readings prior to final approval
by the City Council.
3.1 The protocol for First and Second Readings shall be as follows:
Page 4
DI.B
A. First and second readings apply to Ordinances only.
B. Resolutions /consent items /contract awards, etc. would still be acted on at
only one Regular Council Meeting.
C. Ordinance action, especially those resulting in changes to City codes – to
which First and Second Readings would apply – may take more
consideration and discussion than other types of action.
D. First and Second Readings would be beneficial to a transparent public
process.
E. First Reading — discussion only at one Regular Council Meeting.
F Second Reading — action at next Regular Council Meeting or could be a
future subsequent Council meeting depending on Council's discussion
and any needed staff follow -up.
Page 63 of 130
Exhibit A — Resolution No. 5105
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:
34 A. Call to order.
The Presiding Officer shall call the meeting to order.
Roll call.
3.2 B.
3-3 C.
3-4 D .
The City Clerk will call the roll. Councilmembers may request to be
excused from a meeting by requesting the same of the Mayor in advance
of the meeting. The reason for the request shall be given at the time of
the request.
Flag salutoPledge of Allegiance.
The Presiding Officer, Councilmembers and, at times, invited guests will
lead the flag salute.
Announcements, Proclamations and Presentations
A proclamation is defined as an official announcement made by the
Presiding Officer or the City Council regarding a non - controversial event,
activity or special interest group which has a major city -wide impact.
1 3 E. Appointments
I& F
�3 G.
Page 5
DI.B
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.
Agenda modifications
Changes to the Council's published agenda are announced at this time.
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
Page 64 of 130
Exhibit A — Resolution No. 5105
3-a H.
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.
Audience Participation
Members of the audience may comment on items relating to any matter
related to City business under the Audience Participation period.
Comments are limited to three (3) minutes per person, and a total of
fifteen (15) minutes per topic. Groups who have a designated speaker
may have a total of ten (10) minutes to speak. Public comments sign -up
forms will be available at the City Clerk's desk at each meeting for use of
those citizens wishing to address the Council. The City Clerk shall serve
as timekeeper. The Presiding Officer may make exceptions to the
audience participation time restrictions when warranted, in the discretion
of the Presiding Officer.
Citizens may also speak on individual agenda items on the printed agenda
at the time they are considered by the Council as requested by the
Presiding Officer.
Correspondence
3.10 Council Committee Reports
--
ama
give a description of thc intcntion, or process of consideration of thc ordinancc or
resolution.
3.11 J. Consent Agenda
Approval of the Consent Agenda, including items considered to be routine
and non - controversial, may be approved by one motion. Items on the
Consent Agenda include but are not limited to the following. Any
Councilmember may remove any item from the Consent Agenda for
separate discussion and action.
Al. Approval of minutes.
g2. Fixing dates for public hearings and appeals.
G3. Approval of claims and vouchers, bid awards and contracts.
Page 6
DI.B
Page 65 of 130
Exhibit A — Resolution No. 5105
€4. Approval of surplus property.
€5. Other items designated by the City Council.
3.12 K Unfinished Business
Unfinished business of a general nature and that it was removed from the
Consent Agenda for separate discussion and action.
L. New Business
Business, other than ordinances and resolutions, that has not been
previously before the City Council.
1 3.1/1 M. Ordinances
1. All ordinances shall be in writing, and the titles thereof shall be read
aloud by the City Attorney prior to a vote being called on their adoption,
provided that any councilmember may upon request, have a full
reading of the text of a proposed ordinance prior to the vote on its
adoption. It shall not require a second to the request for a full reading
of an ordinance. It is further provided, however, that the requirement
for a reading of the title of the proposed ordinance, or a full reading of
the text of the proposed ordinance may be waived upon a motion duly
made, seconded and approved by a majority of the councilmembers in
attendance at the council meeting.
Page 7
DI.B
2. First & Second Reading
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
Reading."
2. The Ordinance shall be read by the City Attorney, in
accordance with Section 3.2, Paragraph M, of these Rules.
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Exhibit A — Resolution No. 5105
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.
d) There shall be no vote on the motion until after the
Second Reading, unless the Second Reading is waived as
provided for below.
b. 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 shall be made by a motion to
waive the Second Reading, duly seconded and approved by a
majority of Councilmembers present.
2. If the Second Reading 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.
c. 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.
2. The Ordinance shall be included on the Meeting Agenda
under Ordinances and shall include the indication of "Second
Reading."
3. The Ordinance shall be read by the City Attorney, in
accordance with Section 3.2, Paragraph M, of these Rules.
4. No new motion is necessary to place 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. Councilmembers may discuss the merits of or
issues related to the Ordinance.
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Exhibit A — Resolution No. 5105
a) Discussion on the motion shall be in accordance with
Section 7 of these Rules.
b) Following discussion on the motion, the City Council
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 Committee preliminary Council discussion or
action regarding the issue.
Discussion and debate by the City Council on ordinances will be held prior
to the vote on an ordinance. Councilmembers shall decide whether or not
to amend the ordinance, or direct staff to further review the proposed
ordinance.
An ordinance shall be adopted by a majority vote of a quorum of the City
Council, provided that adoption of any ordinance that grants or revokes a
franchise or license shall require the affirmative vote of at least a majority
of the whole membership of the Council, and provided that public
emergency ordinances require a vote of a majority plus one of the whole
Council membership. A public emergency ordinance is one designated to
protect public health and safety, public property, or public peace.
1 3.15 N. Resolutions
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DI.B
All resolutions shall be in writing, and the titles thereof shall be read aloud
by the City Attorney prior to a vote being called on their passage, provided
that any councilmember may upon request, have a full reading of the text
of a proposed resolution prior to the vote on its passage. It shall not
require a second to the request for a full reading of a resolution. It is
further provided, however, that the requirement for a reading of the title of
the proposed resolution, or a full reading of the text of the proposed
resolution may be waived upon a motion duly made, seconded and
approved by a majority of the councilmembers in attendance at the council
meeting.
After a motion to pass a resolution has been made and seconded, the
Councilmember making the motion is encouraged to give a very brief
description of the issues involved with the resolution without simply
Page 68 of 130
Exhibit A — Resolution No. 5105
repeating the resolution title as read by the City Attorney, and the
councilmember may choose to comment on any results of r^ ee
prcliminary 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 0 Mayor and Councilmember Reports
The Mayor and Councilmembers may report on their significant City_
related activities since the last regular meeting. The Mayor and
Councilmembers shall limit their reports to not more than three (3) to five
(5) minutes, with sensitivity to avoiding duplicate reporting.
..
3.17P. 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 will 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.
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Exhibit A — Resolution No. 5105
[See ACC 2.06.050 and RCW 35A.12.060]
4.2 Councilmembers shall are expected to attend the meetings of the Ad -Hoc a-4
Standing Council Committees to which they are assigned, including meetings of
Councilmembers will should inform the Chair of such Ad -Hoc Council
Committees or the City Clerk if they are unable to attend any meetings of such
Ad -Hoc Council Committees, or shall so and should inform the Chair or City
Clerk if they knowingly willexpect to be late to any such Ad -Hoc Council
Committee meeting. If a Councilmember has informed the Chair or City Clerk
that he or she is unable to attend such Ad -Hoc Committee meeting, the minutes
for that meeting, if minutes are required and /or taken, will shall 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.
4.3 Councilmembers shall attend the Special Meetings of the City Council.
Councilmembers, will 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
knowingly willexpect 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 will shall 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.
4.4 Attendance at Ad -Hoc 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 Ad -Hoc 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 Regular 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 Council Study SessionsCommittee of the Whole. It is
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Exhibit A — Resolution No. 5105
further provided that, though not the Presiding Officer of Study Sessions, the
Mayor is encouraged to attend Study Sessions.
[See former ACC 2.06.090 (1957 code § 1.04.100).]
5.2 The Presiding Officer:
A. Shall preserve order and decorum at all meetings of the Council and
cause the removal of any person from any meeting for disorderly conduct;
B. Shall observe and enforce all rules adopted by the Council;
C. Shall decide all questions on order, in accordance with these rules,
subject to appeal by any Councilmember;
D. Shall recognize Councilmembers in the order in which they request the
floor, giving every councilmember who wishes an opportunity to speak,
provided that the mover of a motion shall be permitted to debate it first,
and provided that the Presiding Officer may also allow discussion of an
issue prior to the stating of a motion when such discussion would facilitate
wording of a motion;
E. May affix approximate time limit for each agenda item;
F. When matters on the agenda are placed, or are able to be placed under
more than one classification or category, as defined by the Order of
Business, and the matters involve or are closely related to other subject
matter, then the Presiding Officer may, in the Presiding Officer's
discretion, present such matters before the Council, for discussion,
consider and vote, at a different place in the agenda without the necessity
of any vote thereon, notwithstanding their initial different placement on the
written agenda.
[See former ACC 2.06.100 (1957 code § 1.04.170.); ACC 2.06.190 (1957 code §
1.04.210).]
SECTION 6 - COUNCILMEMBERS
6.1 Remarks. - Councilmembers desiring to speak shall address the presiding
officer, and when recognized, shall confine him /herself to the question under
debate.
6.2 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
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Exhibit A — Resolution No. 5105
no circumstances shall such questioning be conducted in a manner to the extent
that such would constitute a cross - examination of or an attempt to ridicule or
degrade the individual being interrogated.
6.3 Obligation to the Public Agency. - Notwithstanding the right of Councilmembers
to express their independent opinions and exercise their freedom of speech,
Councilmembers should act in a way that reflects positively on the reputation of
the City and of the community. Councilmembers shall also interact with other
members of the City Council and City staff in ways that promote effective local
government.
6.4 Council Training. - Councilmembers are expected to participate in training offered
by individuals, agencies, entities and organizations including but not limited to the
Association of Washington Cities and the State of Washington, so as to afford
the Councilmembers the opportunity to better understand their roles as City
Councilmembers.
6.5 Participation in Committees, Agencies and Organizations. - To better represent
the interests of the City of Auburn, Councilmembers are encouraged to
participate in assignments to local, regional, state and national committees,
agencies and organizations.
[See former ACC 2.06.130 (1957 code § 1.04.130).]
SECTION 7 - DEBATES
7.1 Speaking to the Motion. - No member of the Council, including the Presiding
Officer, shall speak more than twice on the same motion except by consent of
the Presiding Officer or a 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 5.2.A 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.
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Exhibit A — Resolution No. 5105
7.4 Transgression. - If a member of the Council shall transgress these rules on
debates, the Presiding Officer shall call such member to order, in which case
such member shall be silent except to explain or continue in order. If the
Presiding Officer shall transgress these rules on debate or fail to call such
member to order, any other member of the Council may, under a point of order,
call the Presiding Officer or such other member to order, in which case the
Presiding Officer or such member, as the case may be, shall be silent except to
explain or continue in order.
7.5 Challenge to Ruling. - Any member of the Council, including the Presiding
Officer, shall have the right to challenge any action or ruling of the Presiding
Officer, or member, as the case may be, in which case the decision of the
majority of the members of the Council present, including the Presiding Officer,
shall govern.
[See former ACC 2.06.130 (1957 code § 1.04.130).]
SECTION 8 - PARLIAMENTARY PROCEDURES AND MOTIONS
8.1 All City Council meeting discussions shall be governed by ROBERTS RULES OF
ORDER, NEWLY REVISED (latest edition).
8.2 If a motion does not receive a second, it dies. Matters that do not constitute a
motion include nominations, withdrawal of motion by the person making the
motion, request for a roll call vote, and point of order or privilege; therefore a
second is not needed.
8.3 A motion that receives a tie vote is deemed to have failed, provided that except
where prohibited by law, the Mayor, as Presiding Official, shall be allowed to vote
to break a tie vote.
8.4 When making motions, Councilmembers shall be clear and concise and not
include arguments for the motion within the motion.
8.5 After a motion has been made and seconded, the Councilmembers may discuss
their opinions on the issue prior to the vote.
8.6 If any Councilmember wishes to abstain, from a vote on the motion pursuant to
the provisions of Section 9 hereof, that Councilmember shall so advise the City
Council, and shall remove and absent himself /herself from the deliberations and
considerations of the motion, and shall have no further participation in the matter.
Such advice shall be given prior to any discussion or participation on the subject
matter or as soon thereafter as the Councilmember perceives a need to abstain,
provided that, prior to the time that a Councilmember gives advice of an intent to
abstain from an issue, the Councilmember shall confer with the City Attorney to
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Exhibit A — Resolution No. 5105
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 question being postponed must be
considered at a later time at the same meeting, or to a time certain at a future
Regular or Special City Council meeting.
8.10 A motion to postpone indefinitely is debatable, is not amendable, and may be
reconsidered at the same meeting only if it received an affirmative vote.
8.11 A motion to call for the question shall close debate on the main motion and is not
debatable. This motion must receive a second and fails without a two - thirds' vote;
debate is reopened if the motion fails.
8.12 A motion to amend is defined as amending a motion that is on the floor and has
been seconded, by inserting or adding, striking out, striking out and inserting, or
substituting.
8.13 Motions that cannot be amended include: Motion to adjourn, lay on the table
(table), roll call vote, point of order, reconsideration -and take from the table -41
and 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).
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Exhibit A — Resolution No. 5105
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
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.
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Exhibit A — Resolution No. 5105
[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
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.
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Exhibit A — Resolution No. 5105
11.2 Public hearings where a general audience is in attendance to present arguments
for or against a public issue:
A. The Department Director or designee shall present the issue to the
Council and respond to questions.
B. A person may speak for three (3) minutes. No one may speak for a
second time until everyone who wishes to speak has had an opportunity to
speak. The Presiding Officer may make exceptions to the time restrictions
of persons speaking at a public hearing when warranted, in the discretion
of the Presiding Officer.
C. The City Clerk shall serve as timekeeper during these hearings.
D. After the speaker has used their allotted time, Council may ask questions
of the speaker and the speaker may respond, but may not engage in
further debate.
E. The hearing will then be closed to public participation and open for
discussion among Councilmembers.
F The Presiding Officer may exercise changes in the procedures at a
particular meeting or hearing, but the decision to do so may be overruled
by a majority vote of the Council.
SECTION 12 - DEPUTY MAYOR
12.1 Biennially at the first meeting of a new Council, or periodically, the members
thereof, by majority vote, shall designate one of their members as Deputy Mayor
for such period as the Council may specify.
[See RCW 35A.12.065.]
12.2 The Deputy Mayor shall perform the following duties:
Intra - Council Relations
• Serve as the Chair of the Council Study Sessions
_ _
• Serve as an ex- officio member of all other standing and ad -hoc committees of
the city City eaupei4Council
• Assist in new councilmember training
• Support cooperative and interactive relationships among council members
• Work with Administration to prepare agendas for Committee of the Whole
Council Study Sessions
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Exhibit A — Resolution No. 5105
Mayor - Council Relations
• Help maintain a positive and cooperative relationship between the mayor Mayor
and the city City council
• Act as conduit between the mayor Mayor and the city City council Council on
issues or concerns relating to their duties
Intergovernmental and Community Relations
• Act in absence of mayor Mayor as requested and /or as required
• Be aware of all city City regional and intergovernmental policies and activities in
order to be prepared to step into the role of Mayor if necessary
• Serve as the Chair of the City's Emergency Management Compensation Board
[See former ACC 2.06.090 (1957 code § 1.04.100).]
SECTION 13 - COUNCIL POSITION VACANCY OR ABSENCE
13.1 In the event that an unexpired Council position becomes vacant, the City Council
has ninety (90) days from the occurrence of the vacancy to appoint, by majority
vote of a quorum of the Council, a qualified person to fill the vacancy pursuant to
State law. The Council may make such appointment at its next regular meeting,
or at a special meeting called for that purpose. If the Council does not appoint a
person within the ninety (90) day period, the Mayor may make the appointment
from among the persons nominated by members of the Council.
13.2 In the event of extended excused absences or disability of a Councilmember, the
remaining members by majority vote may appoint a Councilmember Pro
Tempore to serve during the absence or disability.
SECTION 14 - COUNCIL MEETING STAFFING
14.1 Department Directors shall attend all meetings of the Council unless excused.
14.2 The City Attorney shall attend all meetings of the Council unless excused, and
shall upon request, give an opinion, either written or oral, on legal questions. The
City Attorney shall act as the Council's parliamentarian. The Assistant City
Attorney shall attend meetings when the City Attorney has been excused.
[See former ACC 2.06.060 (1957 code § 1.04.160).]
SECTION 15 - COUNCIL RELATIONS WITH STAFF
15.1 There will be mutual courtesy and respect from both City staff and
Councilmembers toward each other and of their respective roles and
responsibilities.
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Exhibit A — Resolution No. 5105
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.
Councilmcmbcrs who serve council committcc overseeing thc activities involved
may, with thc consent of thc Mayor and thc committcc chair, participate in
discussions related to these matters to give policy guidance and-- leg:clot 4o
cdirrection nccrrr.
15.5 Other than through legislative action taken by the Council as a whole, individual
Councilmembers shall not interfere with the operating rules and practices of any
City department.
15.6 No individual Councilmember shall direct the Mayor to initiate any action or
prepare any report that is significant in nature, or initiate any project or study
without the consent of a majority of the Council or bcing initiated through thc
Council Committee process. This provision, however, does not prohibit individual
Councilmembers from discussing issues with the Mayor or making individual
requests or suggestions to the Mayor.
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 committcc chairs and thc The Deputy
Mayor may work with the Mayor's designated staff to prepare Study Session
agendas and facilitate their committee Study Session 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 firstsecond and th fourth Mondays of the month,
City Council shall regularly schedule Study Sessions on the eecondfirst, third and
fourthfifth Mondays of the month for review of matters that would come back
before the City Council at Regular Council Meetings. Different than the format for
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Exhibit A — Resolution No. 5105
Regular Council Meetings (identified in Section 3 hereof), Study Sessions shall
be less formal than Regular Council Meetings and shall give the City Council the
opportunity to discuss and debate issues coming before it for action at Regular
Council meetings.
shall be as follows:
A. Meeting Times:2
1. First meeting of the month
The format for these meetings
Council Study Session - - 5:30 PM
2. Second meeting of the month
P-PAReqular Council meeting - - 7:00 PM
3. Third meeting of the month
Council Study Session - - 5:30 PM.
4. Fourth meeting of the month
• 1
Regular Council meeting - - 7:00 PM
5. Fifth meeting of the month - Council G the —W"„ Study
Session - - 5:30 PM.2
B. Study Sessions should conform to the following:
1. Four or more Councilmembers shall constitute a quorum for Study
Sessions.
2. Two and one half hours maximum timeframe (goal).
3. Maximum of five agenda items (goal).
4. Timeframe per agenda item - up to 30 to 40 minutes.
5. Meeting facilitation - the Deputy Mayor shall preside over /conduct
Study Sessions.
6. Agenda items should relate to future policy - making, strategic planning
or key state or federal issues affecting current or future city operations.
? Committee of the Whole Any of these meetings may be cancelled if not needed, but would be regularly scheduled.
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Exhibit A — Resolution No. 5105
7. Agenda items should be substantive only (e.g., traffic impact fee
increase proposals, comprehensive plan updates, rather than day -to-
day operational issues. [Non- substantive items (e.q., accepting a grant,
authorizing contract bidding, etc.) should go directly to the Regular City
Council meeting.
C. Study Session Meeting Format3
1. Call to Order
The Presiding Officer shall call the meeting.
2. Roll call
The City Clerk will call the roll. Councilmembers may request to be
excused from a meeting by requesting the same of the Mayor 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 be put on a
future Study Session agenda for further discussion.
4. Agenda items for Council Discussion.
The Presiding 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 individual(s)
involved in the issue.
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 a different 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 requirement that there be a motion
before Council discussion.
1 3 Study Sessions shall not be televised initially, provided that the City council shall evaluate whether Study sessions
should be televised in the future.
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At the conclusion of the discussion, or at the point the Council feels its
questions have been answered and discussion vetted, the Presiding
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.
With the support of a consensus of Councilmembers, the Deputy
Mayor shall call for Study Session agenda items requiring formal
Council action to be included in agendas for upcoming Regular Council
Meetings.
5. Other Discussion Items
The Presiding 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.Adjournment
The Presiding Officer shall adjourn the Study Session after conclusion
of discussion on the agenda items.
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follows:
A. PUBLIC WORKS COMMITTEE:
Makcs rccommcndations to thc City Council as a wholc on policics
policy mattcrs involving construction, cnginccring, right of way usc, strcct
will coordinatc cquipmcnt rcntal and utility mattcrs with thc Financc
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Exhibit A — Resolution No. 5105
advisory committccs.
B. FINANCE COMMITTEE:
approvcd budgct, this Committcc will makc rccommcndations to thc City
court, Icgal, information scrviccs, and City rcal property transactions
including salc, Icasc, acquisition, and donations. This committce will
coordinate property transactions with othcr appropriate Council
Committccs. Thc Committcc will scrvc as Council's liaison for thc
Tourism Board.
C. PLANNING AND COMMUNITY DEVELOPMENT COMMITTEE:
building permits, human scrvices, parks (planning), cultural arts and public
art, muscum, Mary Olson Farm, communications, and cconomic
I servc as the Council's liaison for the
Arts Commission, King County Library, Urban Trcc Board, Parks and
Rccrcation Board, Planning Commission, Human Scrviccs Committcc,
Muscum board and Multicultural Roundtablc.
D. MUNICIPAL SERVICES COMMITTEE:
Makcs rccommcndations to thc City Council as a wholc on policics
community scrviccs, tciccommunications, solid wastc, airport, scnior
Advisory Board.
E. LES GOVE COMMUNITY CAMPUS COMMITTEE:
Makcs rccommcndations to thc City Council as a wholc on policics
Activity Ccntcr facilitics at Lcs Govc Community Campus. Thc Lcs Govc
Scrviccs Committcc and thc Planning and Community Dcvclopmcnt
Community Campus as a wholc.
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Exhibit A — Resolution No. 5105
F COUNCIL OPERATIONS COMMITTEE:
city council, thc appointmcnt, dutics and functions thcrcof to bc as follows:
1. Appointmcnt. Mcmbcrship of thc Council Operations Committcc shall
thc longcst tenurc on thc City Council. Longcst tcnurc is to bc calculatcd
as thc total Icngth of consccutivc scrvicc as a Councilmcmbcr. Thc
Dcputy Mayor shall bc thc Chair of thc Council Operations Committcc. In
the event two or more members have equal tenure, the Chair and
cicction(s) in which thc Councilmcmbcrs wcrc rcspcctivcly cicctcd. It is
providcd, however, that Councilmcmbcrs whosc tcrm of officc will cxpire
2. Powers and Functions. The function of the Council Operations
committees of the City Council. The Council Operations Committee shall,
all of thc standing committees of the City Council. In addition, thc Council
rccommcnd thc Chair for cach standing committcc of thc City Council,
vote of thc cntirc City Council. Thc mcmbcrship of all standing committcc&
City Council to that standing committee for that meeting to crcatc a
quorum for that meeting, or in thc chair's abscncc thc vicc chairman shall
thc abscncc of a quorum. Thc function of thc Council Operations
City Council rclativc to such issucs.
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Thc Council Operations Committcc shall also cvaluatc and rccommcnd to
by Councilmcmbcrs of thcsc Rulcs of Proccdurc, which rccommcndation
normal coursc.
of Proccdures (ROP), thc person suspcctcd of thc allcgcd misconduct or
Council Operations Committee (COC) prior to the COC making any
rccommcndations rcgarding ccnsurc or rcprimand or othcr disciplinary
action.
/1. Mccting Datcs. Thc Council Operations Committcc shall mcct
needed.
[See former ACC 2.06.220 (Ord. 4319 §§ 2, 3, 1989; Ord. 3937 § 1, 1984; Ord. 3606 §
1, 1981; Ord. 2786 § 1, 1974; Ord. 2745 § 1, 1973; 1957 code § 1.04.240).]
16.2 The Mayor or a majority of the City Council may establish such ad hoc
committees as may be appropriate to consider special matters that require
special approach or emphasis. Such ad hoc committees may be established and
matters referred to them at study sessions, without the requirement that such
establishment or referral take place at a regular City Council meeting. The Mayor
shall appoint Council representatives to intergovernmental councils, boards and
committees, including such provided that the Deputy Mayor shall appoint
Councilmembers to Council ad hoc committees. It is further provided that the
Mayor shall appoint members to Council ad hoc committees if the Deputy Mayor
is disabled or precluded from acting in that capacity. Councilmember
appointments to intergovernmental councils, boards and committees, including
ad hoc committees, shall be periodically reviewed to determine which
councilmembers could best be able to represent the City on such councils,
boards and committees.
16.3 Ad hoc council committees shall consider all matters referred to them. The chair
of such ad hoc committee shall report to the City Council the findings of the
committee. Committees may refer items to the Council with a committee
recommendation or with no committee recommendation.
16.4 Advisory Boards, Committees and Commissions established by ordinance,
consisting of citizens appointed pursuant to the establishing Ordinance and
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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.
16.5 Committee Chairpersons shall have broad discretion in conducting their
meetings. They will generally follow Roberts Rules of Order, Newly Revised.
16.6
Unless otherwise expressly provided for an ad hoc committee of the City Council,
such committees shall not receive public testimony or allow audience
participation that is in connection with or related to the agenda item being
discussed by the Committee, and audicncc participation rcgarding subjccts
attea-cccndance. Unless otherwise expressly provided for such ad hoc committee, it is
the intention of the City Council that such ad hoc committees function informally
and not in any way that takes action in lieu of or on behalf of the full City Council.
The purpose and function of such 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).
16.7 Committee Chairpersons shall approve all agenda items and may, at their
discretion, remove or add agenda items during the course of the meeting.
DI.B
thc mccting, shall rcvicw thc draft minutcs of Committcc mcctings.
SECTION 17 - COUNCIL REPRESENTATION & INTERNAL COMMUNICATION
17.1 If a Councilmember meets with, attends a meeting or otherwise appears on
before individuals, another governmental agency, a community organization, or a
private entity or organization, including individuals, agencies, or organizations
with whom or with which the City has a business relationship, and makes
statements directly or through the media, commenting on an issue that does or
could affect the City, the Councilmember shall state the majority position of the
City Council, if known, on such issue. Personal opinions and comments which
differ from those of the Council majority may be expressed if the Councilmember
clarifies that these statements do not represent the City Council's position, and
the statements are those of the Councilmember as an individual. Additionally,
before a Councilmember discusses anything that does or could relate to City
liability, the Councilmember should talk to the City Attorney or the City's Risk
Manager, so that the Councilmember would have a better understanding of what
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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 or Council Committee topics
that involve a quorum of the Councilmembers or Committee members.
Councilmembers should refrain from emailing Councilmembers about
such agenda items. Councilmembers should be prepared to
communicate about matters that are on upcoming G too agenda°
— 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 committee or council meeting packets.
B. Councilmembers may communicate via email to other Councilmembers,
including to a quorum of a Council committee or the full City Council
about matters within the scope of the Ctiee's City Council's
authority or related to City business, but not yet scheduled on upcoming
Committoo er 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.
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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 an ad hoc Council Committee,
whether concurrently or serially, must be considered in light of the
Open Public Meetings Act, if applicable. If the intended purpose of
the electronic communication is to have a discussion that should be
held at an open meeting, the electronic discussion shall not occur.
Further, the use of electronic communication to form a collective
decision of the Council shall not occur.
(4) Electronic communication should be used cautiously when seeking
legal advice or to discuss matters of pending litigation or other
confidential City business. In general, electronic communication is
discoverable in litigation, and even deleted electronic
communication is not necessarily removed from the system.
Confidential electronic communications should not be shared with
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Exhibit A — Resolution No. 5105
(5)
individuals other than the intended recipients, or the attorney - client
privilege protecting the document from disclosure may be waived.
Electronic communication between Councilmembers and between
Councilmembers and staff shall not be transmitted to the public or
news media without the filing of a public disclosure request with the
City Clerk.
(6) As a cautionary note, if an elected public official uses his or her
personal home computer to send electronic communications
dealing with City business, the electronic communications and
electronic records may be subject to discovery demands and public
disclosure requests. That possibility amplifies the need for caution
in how one uses electronic communication for City business.
17.6 Different than where a City Councilmember is appointed by the City Council or
the Mayor to serve as a member of a board, commission, committee, task force
or any other advisory body, the City Council may appoint a Councilmember to
serve as a non - member Liaison to a board, commission, committee, task force or
any other advisory body. Anytime a Councilmember is appointed as such a
Liaison, the position or role of Liaison is subordinate to that of Councilmember,
and the Councilmember's responsibility is first and foremost to the City and to the
City Council. The role and responsibility of the Councilmember- Liaison is to keep
the City Council and Council Committees apprised of the activities, positions and
actions of the entity or organization to which the Councilmember has been
appointed Liaison, and not to communicate to the board, commission, committee,
task force or other advisory body a statement as the position of the City Council,
except as authorized or directed by the City Council.
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 and budget
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
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Exhibit A — Resolution No. 5105
pursuant to a motion, approve the request by a majority vote of a quorum of the
City Council at the meeting in which the matter is considered.
SECTION 19 - CONFIDENTIALITY
19.1 Councilmembers shall keep confidential all written materials and verbal
information provided to them during Executive Sessions, to ensure that the City's
position is not compromised. Confidentiality also includes information provided to
Councilmembers outside of Executive Sessions when the information is
considered by the exempt from disclosure under exemptions set forth in the
Revised Code of Washington.
SECTION 20 — ENFORCEMENT OF RULES OF PROCEDURE
20.1.1 Councilmembers shall conform their conduct to the requirements, standards and
expectations set forth in these Rules of Procedure. In addition to and
notwithstanding whatever other enforcement mechanisms may exist for legal,
ethical or practical obligations on Councilmember performance or conduct,
violations of these Rules of Procedure by Councilmembers may be enforced by
action of the City Council through sanctions such as votes of censure or letters of
reprimand, and such other action as may be permitted by law.
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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
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Exhibit A — Resolution No. 5105
SECTION 1
SECTION 2
SECTION 3
SECTION 4
SECTION 5
SECTION 6
SECTION 7
SECTION 8
SECTION 9
SECTION 10
SECTION 11
SECTION 12
SECTION 13
SECTION 14
SECTION 15
SECTION 16
SECTION 17
SECTION 18
SECTION 19
SECTION 20
RULES OF PROCEDURE OF THE CITY COUNCIL OF
THE CITY OF AUBURN, WASHINGTON
TABLE OF CONTENTS
AUTHORITY 1
COUNCIL MEETINGS 1
ORDER OF BUSINESS OF REGULAR COUNCIL MEETING
AGENDA
COUNCILMEMBER ATTENDANCE AT MEETINGS
PRESIDING OFFICER - DUTIES
COUNCILMEMBERS
DEBATES
PARLIAMENTARY PROCEDURES AND MOTIONS
VOTING
COMMENTS, CONCERNS AND TESTIMONY TO COUNCIL
PUBLIC HEARINGS AND APPEALS
DEPUTY MAYOR SELECTION PROCESS
COUNCIL POSITION VACANCY
COUNCIL MEETING STAFFING
COUNCIL RELATIONS WITH STAFF
4
10
11
12
13
13
16
16
16
18
18
19
19
COUNCIL STUDY SESSIONS, COMMITTEES AND CITIZEN
ADVISORY BOARDS 20
COUNCIL REPRESENTATION & INTERNAL COMMUNICATION 23
TRAVEL AUTHORIZATION 26
CONFIDENTIALITY 27
ENFORCEMENT OF RULES OF PROCEDURE 27
RULES OF PROCEDURE OF THE CITY COUNCIL OF
THE CITY OF AUBURN, WASHINGTON
SECTION 1 - AUTHORITY
The Auburn City Council hereby establishes the following rules for the conduct of
Council meetings, proceedings and business. These rules shall be in effect upon
adoption by resolution of Council and until such time as they are amended or new rules
are adopted in the manner provided by these rules.
SECTION 2 - COUNCIL MEETINGS
All meetings of the City Council shall be open to the public and all persons shall be
permitted to attend any meeting of this body, except as provided in RCW Chapter
42.30.
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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(A) and 2.06.020 of
the City Code, the regular meetings of the City Council shall held on the second
and fourth 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 7:00 p.m.
A quorum shall constitute four or more Councilmembers for the transaction of
business.
In the event that a scheduled Regular Council meeting falls on a legal holiday,
the meeting shall be held at 7:00 p.m. on the first business day following the
holiday.
The Presiding Officer shall be as set forth in Section 5.1 herein.
The Presiding Officer shall be seated at the center of the dais, and the Deputy
Mayor shall be seated to the Presiding Officer's immediate left. When the
Deputy Mayor is acting as the Presiding Officer, in the absence of the Mayor, the
Deputy Mayor shall be seated in the center of the dais. The seating arrangement
for the other members of the Council shall be as directed by the City Council
pursuant to a motion duly made and seconded and approved by a majority of the
City Council, following the recommendation of an ad -hoc committee of three
Councilmembers called for that purpose.
1 2.03.100 Meeting coordination duties.
The mayor or the mayor's designee shall be responsible for the preparation of agendas for the
meetings of the council and of the various boards, commissions and committees of the city, and for
including in those agendas the items and issues forwarded by the city council and /or or by the
committees designated to act on behalf of the city council, and for including in those agendas the items
and issues proposed by the mayor and city administration, for consideration by the council. The mayor or
the mayor's designee shall also be responsible for publishing notices for meetings and for public hearings
for the meetings of the council and the various boards, commissions and committees of the city, and for
setting the dates and times for said public hearings, except in those instances when setting dates and
times for public hearings is required by statute to be done through council resolution. (Ord. 6405 § 1,
2012; Ord. 5761 § 1, 2003.)
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Exhibit A — Resolution No. 5105
[See ACC 2.06.010 (Ord. 3916 § 1, 1983; 1957 code § 1.04.010); ACC 2.06.020 (Ord.
3759 § 1, 1982; 1957 code § 1.04.020); ACC 2.06.030 (1957 code § 1.04.060); ACC
2.06.080 (1957 code § 1.04.090).]
2.2 Study Sessions - - In accordance with Sections 2.06.010(B) and 2.06.020 of the
City Code, Study Sessions of the City Council shall held on the first, third and
fifth 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.
Study Sessions will begin at the hour of 5:30 p.m.
A quorum shall constitute four or more Councilmembers for the transaction of
business.
In the event that a scheduled Study Session falls on a legal holiday, the meeting
shall be held at 5:30 p.m. on the first business day following the holiday.
The Deputy Mayor shall preside over Study Sessions.
No particular seating arrangement shall be required for the Deputy Mayor or
other members of the Council, or of the Mayor or any other persons invited to sit
at the table of Study Sessions.
2.3 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).]
2.4 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.
2.5 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.
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Exhibit A — Resolution No. 5105
Executive sessions may be held during Regular and Special meetings of the City
Council, 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).]
2.6 Cancellation of Meetings - Meetings may be canceled by a majority vote of the
Council and proper notice given by the City Clerk.
SECTION 3 - ORDER OF BUSINESS OF REGULAR COUNCIL MEETING AGENDA
All items to be included on the Council's agenda for consideration should be submitted
to the City Clerk, in full by 12:00 Noon on the Tuesday preceding each regular Council
meeting. The City Clerk shall then prepare a proposed agenda according to the order of
business, for approval by the Mayor, or his /her designee. A final agenda will then be
prepared by the City Clerk and distributed to Councilmembers as the official agenda for
the meeting.
In connection with the action of the City Council at Regular Council Meetings, certain
items of business shall be subject to First and Second Readings prior to final approval
by the City Council.
3.1 The protocol for First and Second Readings shall be as follows:
A. First and second readings apply to Ordinances only.
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B. Resolutions /consent items /contract awards, etc. would still be acted on at
only one Regular Council Meeting.
C. Ordinance action, especially those resulting in changes to City codes – to
which First and Second Readings would apply – may take more
consideration and discussion than other types of action.
D. First and Second Readings would be beneficial to a transparent public
process.
E. First Reading — discussion only at one Regular Council Meeting.
F Second Reading — action at next Regular Council Meeting or could be a
future subsequent Council meeting depending on Council's discussion
and any needed staff follow -up.
G. Provides Council with opportunity to ask questions and get information at
First Reading.
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3.2 The agenda format of the Regular City Council meeting shall be as follows:
A. Call to order.
The Presiding Officer shall call the meeting to order.
B. Roll call.
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The City Clerk will call the roll. Councilmembers may request to be
excused from a meeting by requesting the same of the Mayor in advance
of the meeting. The reason for the request shall be given at the time of
the request.
C. Pledge of Allegiance.
The Presiding Officer, Councilmembers and, at times, invited guests will
lead the flag salute.
D. Announcements, Proclamations and Presentations
A proclamation is defined as an official announcement made by the
Presiding Officer or the City Council regarding a non - controversial event,
activity or special interest group which has a major city -wide impact.
E. Appointments
Appointing individuals to various committees, boards and commissions.
Confirmation of appointments, where confirmation is called for, may be
preceded by discussion in executive session, where appropriate.
F. Agenda modifications
Changes to the Council's published agenda are announced at this time.
G. Public Hearings and Appeals
Individuals may comment on public hearing and appeal items, provided
that when an appeal is a closed record appeal, the matter shall be
considered based on information, evidence and documents in the record.
Argument on the appeal shall refer only to matters, information,
documents and evidence presented at the underlying hearing from which
the appeal is taken, and no new information, evidence or documents may
be added, and argument on the appeal may only deal with information,
evidence and documents in the record. The Presiding Officer will state the
public hearing and /or appeal procedures before each hearing.
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Exhibit A — Resolution No. 5105
H. Audience Participation
Members of the audience may comment on items relating to any matter
related to City business under the Audience Participation period.
Comments are limited to three (3) minutes per person, and a total of
fifteen (15) minutes per topic. Groups who have a designated speaker
may have a total of ten (10) minutes to speak. Public comments sign -up
forms will be available at the City Clerk's desk at each meeting for use of
those citizens wishing to address the Council. The City Clerk shall serve
as timekeeper. The Presiding Officer may make exceptions to the
audience participation time restrictions when warranted, in the discretion
of the Presiding Officer.
Citizens may also speak on individual agenda items on the printed agenda
at the time they are considered by the Council as requested by the
Presiding Officer.
Correspondence
J. Consent Agenda
Approval of the Consent Agenda, including items considered to be routine
and non - controversial, may be approved by one motion. Items on the
Consent Agenda include but are not limited to the following. Any
Councilmember may remove any item from the Consent Agenda for
separate discussion and action.
1 Approval of minutes.
2. Fixing dates for public hearings and appeals.
3. Approval of claims and vouchers, bid awards and contracts.
4. Approval of surplus property.
5. Other items designated by the City Council.
K Unfinished Business
Unfinished business of a general nature and that it was removed from the
Consent Agenda for separate discussion and action.
L. New Business
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Exhibit A — Resolution No. 5105
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Business, other than ordinances and resolutions, that has not been
previously before the City Council.
M Ordinances
1. All ordinances shall be in writing, and the titles thereof shall be read
aloud by the City Attorney prior to a vote being called on their adoption,
provided that any councilmember may upon request, have a full
reading of the text of a proposed ordinance prior to the vote on its
adoption. It shall not require a second to the request for a full reading
of an ordinance. It is further provided, however, that the requirement
for a reading of the title of the proposed ordinance, or a full reading of
the text of the proposed ordinance may be waived upon a motion duly
made, seconded and approved by a majority of the councilmembers in
attendance at the council meeting.
2. First & Second Reading
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
Reading."
2. The Ordinance shall be read by the City Attorney, in
accordance with Section 3.2, Paragraph 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.
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d) There shall be no vote on the motion until after the
Second Reading, unless the Second Reading is waived as
provided for below.
b. 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 shall be made by a motion to
waive the Second Reading, duly seconded and approved by a
majority of Councilmembers present.
2. If the Second Reading 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.
c. 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.
2. The Ordinance shall be included on the Meeting Agenda
under Ordinances and shall include the indication of "Second
Reading."
3. The Ordinance shall be read by the City Attorney, in
accordance with Section 3.2, Paragraph M, of these Rules.
4. No new motion is necessary to place 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. Councilmembers 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 Council
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
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Exhibit A — Resolution No. 5105
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to comment on any results of Council discussion or action regarding the
issue.
Discussion and debate by the City Council on ordinances will be held prior
to the vote on an ordinance. Councilmembers shall decide whether or not
to amend the ordinance, or direct staff to further review the proposed
ordinance.
An ordinance shall be adopted by a majority vote of a quorum of the City
Council, provided that adoption of any ordinance that grants or revokes a
franchise or license shall require the affirmative vote of at least a majority
of the whole membership of the Council, and provided that public
emergency ordinances require a vote of a majority plus one of the whole
Council membership. A public emergency ordinance is one designated to
protect public health and safety, public property, or public peace.
N. Resolutions
All resolutions shall be in writing, and the titles thereof shall be read aloud
by the City Attorney prior to a vote being called on their passage, provided
that any councilmember may upon request, have a full reading of the text
of a proposed resolution prior to the vote on its passage. It shall not
require a second to the request for a full reading of a resolution. It is
further provided, however, that the requirement for a reading of the title of
the proposed resolution, or a full reading of the text of the proposed
resolution may be waived upon a motion duly made, seconded and
approved by a majority of the councilmembers in attendance at the council
meeting.
After a motion to pass a resolution has been made and seconded, the
Councilmember making the motion is encouraged to give a very brief
description of the issues involved with the resolution without simply
repeating the resolution title as read by the City Attorney, and the
councilmember may choose to comment on any results of 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.
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Exhibit A — Resolution No. 5105
0 Mayor and Councilmember Reports
P
The Mayor and Councilmembers may report on their significant City -
related activities since the last regular meeting. The Mayor and
Councilmembers shall limit their reports to not more than three (3) to five
(5) minutes, with sensitivity to avoiding duplicate reporting.
Adjournment
3.3. Recess - The foregoing agenda may be interrupted for a stated time as called by
the Presiding Officer to recess for any reason, including executive sessions.
[See former ACC 2.06.110 (Ord. 5687 § 1, 2002; Ord. 4166 § 2, 1986); ACC 2.06.120
(1957 code § 1.04.120.); ACC 2.06.140 (1957 code § 1.04.140.); ACC 2.06.170 (1957
code § 1.04.190.); ACC 2.06.180 (Ord. 5635 § 2, 2002; 1957 code § 1.04.200).]
SECTION 4 - COUNCILMEMBER ATTENDANCE AT MEETINGS
4.1 Councilmembers shall attend Regular Council meetings and Study Sessions.
Councilmembers shall inform the Mayor or the City Clerk if they are unable to
attend any Regular Council meeting or Study 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 may be
addressed by the City Council on a case by case basis.
[See ACC 2.06.050 and RCW 35A.12.060]
4.2 Councilmembers are expected to attend the meetings of the Ad -Hoc Council
Committees to which they are assigned. Councilmembers should inform the
Chair of such Ad -Hoc Council Committees or the City Clerk if they are unable to
attend any meetings of such Ad -Hoc Council Committees, and should inform the
Chair or City Clerk if they expect to be late to any such Ad -Hoc Council
Committee meeting. If a Councilmember has informed the Chair or City Clerk
that he or she is unable to attend such Ad -Hoc Committee meeting, the minutes
for that meeting, if minutes are required and /or taken, shall show the
Councilmember as having an excused absence for that meeting. Provided that
excessive, continued or prolonged absences may be addressed by the City
Council on a case by case basis.
4.3 Councilmembers shall attend the Special Meetings of the City Council.
Councilmembers, shall inform the Mayor or the City Clerk if they are unable to
attend any such meetings, or shall so inform the Mayor or City Clerk if they
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Exhibit A — Resolution No. 5105
expect to be late to any such Special meeting. If a Councilmember has informed
the Mayor or City Clerk that he or she is unable to attend such Special meeting,
the minutes for that meeting shall show the Councilmember as having an
excused absence for that meeting. Provided that excessive, continued or
prolonged absences may be addressed by the City Council on a case by case
basis.
4.4 Attendance at Ad -Hoc 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 Ad -Hoc 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 Regular 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 Council Study Sessions. It is further provided that,
though not the Presiding Officer of Study Sessions, the Mayor is encouraged to
attend Study Sessions.
[See former ACC 2.06.090 (1957 code § 1.04.100).]
5.2 The Presiding Officer:
A. Shall preserve order and decorum at all meetings of the Council and
cause the removal of any person from any meeting for disorderly conduct;
B. Shall observe and enforce all rules adopted by the Council;
C. Shall decide all questions on order, in accordance with these rules,
subject to appeal by any Councilmember;
D. Shall recognize Councilmembers in the order in which they request the
floor, giving every councilmember who wishes an opportunity to speak,
provided that the mover of a motion shall be permitted to debate it first,
and provided that the Presiding Officer may also allow discussion of an
issue prior to the stating of a motion when such discussion would facilitate
wording of a motion;
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Exhibit A — Resolution No. 5105
E. May affix approximate time limit for each agenda item;
F. When matters on the agenda are placed, or are able to be placed under
more than one classification or category, as defined by the Order of
Business, and the matters involve or are closely related to other subject
matter, then the Presiding Officer may, in the Presiding Officer's
discretion, present such matters before the Council, for discussion,
consider and vote, at a different place in the agenda without the necessity
of any vote thereon, notwithstanding their initial different placement on the
written agenda.
[See former ACC 2.06.100 (1957 code § 1.04.170.); ACC 2.06.190 (1957 code §
1.04.210).]
SECTION 6 - COUNCILMEMBERS
6.1 Remarks. - Councilmembers desiring to speak shall address the presiding
officer, and when recognized, shall confine him /herself to the question under
debate.
6.2 Questioning. - Any member of the Council, including the Presiding Officer, shall
have the right to question any individual, including members of the staff, on
matters germane to the issue properly before the Council for discussion. Under
no circumstances shall such questioning be conducted in a manner to the extent
that such would constitute a cross - examination of or an attempt to ridicule or
degrade the individual being interrogated.
6.3 Obligation to the Public Agency. - Notwithstanding the right of Councilmembers
to express their independent opinions and exercise their freedom of speech,
Councilmembers should act in a way that reflects positively on the reputation of
the City and of the community. Councilmembers shall also interact with other
members of the City Council and City staff in ways that promote effective local
government.
6.4 Council Training. - Councilmembers are expected to participate in training offered
by individuals, agencies, entities and organizations including but not limited to the
Association of Washington Cities and the State of Washington, so as to afford
the Councilmembers the opportunity to better understand their roles as City
Councilmembers.
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.
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Exhibit A — Resolution No. 5105
[See former ACC 2.06.130 (1957 code § 1.04.130).]
SECTION 7 - DEBATES
7.1 Speaking to the Motion. - No member of the Council, including the Presiding
Officer, shall speak more than twice on the same motion except by consent of
the Presiding Officer or a 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 5.2.A 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).
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Exhibit A — Resolution No. 5105
8.2 If a motion does not receive a second, it dies. Matters that do not constitute a
motion include nominations, withdrawal of motion by the person making the
motion, request for a roll call vote, and point of order or privilege; therefore a
second is not needed.
8.3 A motion that receives a tie vote is deemed to have failed, provided that except
where prohibited by law, the Mayor, as Presiding Official, shall be allowed to vote
to break a tie vote.
8.4 When making motions, Councilmembers shall be clear and concise and not
include arguments for the motion within the motion.
8.5 After a motion has been made and seconded, the Councilmembers may discuss
their opinions on the issue prior to the vote.
8.6 If any Councilmember wishes to abstain, from a vote on the motion pursuant to
the provisions of Section 9 hereof, that Councilmember shall so advise the City
Council, and shall remove and absent himself /herself from the deliberations and
considerations of the motion, and shall have no further participation in the matter.
Such advice shall be given prior to any discussion or participation on the subject
matter or as soon thereafter as the Councilmember perceives a need to abstain,
provided that, prior to the time that a Councilmember gives advice of an intent to
abstain from an issue, the Councilmember shall confer with the City Attorney to
determine if the basis for the Councilmember's intended abstention conforms to
the requirements of Section 9. If the intended abstention can be anticipated in
advance, the conference with the City Attorney should occur prior to the meeting
at which the subject matter would be coming before the City Council. If that
cannot be done, the Councilmember should advise the City Council that he /she
has an "abstention question" that he /she would want to review with the City
Attorney, in which case, a brief recess would be afforded the Councilmember for
that purpose.
8.7 A motion may be withdrawn by the maker of the motion at any time without the
consent of the Council.
8.8 A motion to table is nondebatable and shall preclude all amendments or debates
of the issue under consideration. A motion to table is to be used in instances
where circumstances or situations arise which necessitate the interruption of the
Councilmembers' consideration of the matter then before them. A motion to table,
if passed, shall cause the subject matter to be tabled until the interrupting
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.
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Exhibit A — Resolution No. 5105
8.9 A motion to postpone to a certain time is debatable, is amendable and may be
reconsidered at the same meeting. The question being postponed must be
considered at a later time at the same meeting, or to a time certain at a future
Regular or Special City Council meeting.
8.10 A motion to postpone indefinitely is debatable, is not amendable, and may be
reconsidered at the same meeting only if it received an affirmative vote.
8.11 A motion to call for the question shall close debate on the main motion and is not
debatable. This motion must receive a second and fails without a two - thirds' vote;
debate is reopened if the motion fails.
8.12 A motion to amend is defined as amending a motion that is on the floor and has
been seconded, by inserting or adding, striking out, striking out and inserting, or
substituting.
8.13 Motions that cannot be amended include: Motion to adjourn, lay on the table
(table), roll call vote, point of order, reconsideration, take from the table, and a
motion to amend an amendment.
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.
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Exhibit A — Resolution No. 5105
[See former ACC 2.06.160 (1957 code § 1.04.180.); ACC 2.06.170 (1957 code §
1.04.190.); ACC 2.06.200 (1957 code § 1.04.220.); ACC 2.06.210 (1957 code §
1.04.230).]
SECTION 9 - VOTING
9.1 Voice vote - A generalized verbal indication by the Council as a whole of "yea or
nay" vote on a matter, the outcome of which vote shall be recorded in the official
minutes of the Council. Silence of a Councilmember during a voice vote shall be
recorded as a vote with the prevailing side, except where such a Councilmember
abstains because of a stated conflict of interest or appearance of fairness.
9.2 Roll call vote - A roll call vote may be requested by the Presiding Officer or by
any Councilmember.
9.3 Abstentions - It is the responsibility of each Councilmember to vote when
requested on a matter before the full Council. However, a Councilmember may
abstain from discussion and voting on a question because of a stated conflict of
interest or appearance of fairness.
9.4 Votes by Mayor - Except where prohibited by law, the Mayor, as Presiding
Official, shall be allowed to vote to break a tie vote.
[See former ACC 2.06.150 (1957 code § 1.04.150).]
SECTION 10 - COMMENTS, CONCERNS AND TESTIMONY TO COUNCIL
10.1 Persons addressing the Council, who are not specifically scheduled on the
agenda, will be requested to step up to the podium, give their name and address
for the record, and limit their remarks to three (3) minutes, in addition to filling out
the speaker sign -in sheet available at the City Clerk's desk. All remarks will be
addressed to the Council as a whole. The City Clerk shall serve as timekeeper.
The Presiding Officer may make exceptions to the time restrictions of persons
addressing the Council when warranted, in the discretion of the Presiding Officer.
10.2 Any person making personal, impertinent or slanderous remarks while
addressing the Council shall be barred from further audience participation by the
Presiding Officer, unless permission to continue is granted by a majority vote of
the Council.
[See former ACC 2.06.130 (1957 code § 1.04.130).]
SECTION 11 - PUBLIC HEARINGS AND APPEALS
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Exhibit A — Resolution No. 5105
11.1 Quasi - judicial hearings require a decision be made by the Council using a certain
process, which may include a record of evidence considered and specific
findings made. The following procedure shall apply:
A. The Department Director of the department (most) affected by the subject
matter of the hearing, or said Director's designee, will present the City's
position and findings. Staff will be available to respond to Council
questions.
B. The proponent spokesperson shall speak first and be allowed (10)
minutes. Council may ask questions.
C. The opponent spokesperson shall be allowed ten (10) minutes for
presentation and Council may ask questions.
D. Each side shall then be allowed five (5) minutes for rebuttal, with the
proponent spokesperson speaking first, followed by the opponent
spokesperson.
E. The City Clerk shall serve as timekeeper during these hearings.
F. After each proponent and opponent spokesperson have used their
speaking time, Council may ask further questions of the speakers, who
shall be entitled to respond but limit their response to the question asked.
11.2 Public hearings where a general audience is in attendance to present arguments
for or against a public issue:
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.
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F The Presiding Officer may exercise changes in the procedures at a
particular meeting or hearing, but the decision to do so may be overruled
by a majority vote of the Council.
SECTION 12 - DEPUTY MAYOR
12.1 Biennially at the first meeting of a new Council, or periodically, the members
thereof, by majority vote, shall designate one of their members as Deputy Mayor
for such period as the Council may specify.
[See RCW 35A.12.065.]
12.2 The Deputy Mayor shall perform the following duties:
Intra - Council Relations
• Serve as the Chair of the Council Study Sessions
• Serve as an ex- officio member of all other_ad -hoc committees of the City
Council
• Assist in new councilmember training
• Support cooperative and interactive relationships among council members
• Work with Administration to prepare agendas for Council Study Sessions
Mayor - Council Relations
• Help maintain a positive and cooperative relationship between the Mayor and
the City Council
• Act as conduit between the Mayor and the City Council on issues or concerns
relating to their duties
Intergovernmental and Community Relations
• Act in absence of Mayor as requested and /or as required
• Be aware of all City regional and intergovernmental policies and activities in
order to be prepared to step into the role of Mayor if necessary
• Serve as the Chair of the City's Emergency Management Compensation Board
[See former ACC 2.06.090 (1957 code § 1.04.100).]
SECTION 13 - COUNCIL POSITION VACANCY OR ABSENCE
13.1 In the event that an unexpired Council position becomes vacant, the City Council
has ninety (90) days from the occurrence of the vacancy to appoint, by majority
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.
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Exhibit A — Resolution No. 5105
13.2 In the event of extended excused absences or disability of a Councilmember, the
remaining members by majority vote may appoint a Councilmember Pro
Tempore to serve during the absence or disability.
SECTION 14 - COUNCIL MEETING STAFFING
14.1 Department Directors shall attend all meetings of the Council unless excused.
14.2 The City Attorney shall attend all meetings of the Council unless excused, and
shall upon request, give an opinion, either written or oral, on legal questions. The
City Attorney shall act as the Council's parliamentarian. The Assistant City
Attorney shall attend meetings when the City Attorney has been excused.
[See former ACC 2.06.060 (1957 code § 1.04.160).]
SECTION 15 - COUNCIL RELATIONS WITH STAFF
15.1 There will be mutual courtesy and respect from both City staff and
Councilmembers toward each other and of their respective roles and
responsibilities.
15.2 City staff will acknowledge the Council as policy makers, and the
Councilmembers will acknowledge City staff as administering the Council's
policies.
15.3 It is the intent of Council that all pertinent information asked for by individual
Council members shall be made available to the full Council.
15.4 Individual Councilmembers shall not attempt to coerce or influence City staff in
the selection of personnel, the awarding of contracts, the selection of
consultants, the processing of development applications or the granting of City
licenses or permits. Councilmembers may, at the request of the Mayor,
participate in discussions and decisions related to these matters.
15.5 Other than through legislative action taken by the Council as a whole, individual
Councilmembers shall not interfere with the operating rules and practices of any
City department.
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. This provision, however, does
not prohibit individual Councilmembers from discussing issues with the Mayor or
making individual requests or suggestions to the Mayor.
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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. The Deputy Mayor may work with the Mayor's
designated staff to prepare Study Session agendas and facilitate Study Session
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 second and fourth Mondays of the month, City
Council shall regularly schedule Study Sessions on the first, third and fifth
Mondays of the month for review of matters that would come back before the City
Council at Regular Council Meetings. Different than the format for Regular
Council Meetings (identified in Section 3 hereof), Study Sessions shall be less
formal than Regular Council Meetings and shall give the City Council the
opportunity to discuss and debate issues coming before it for action at Regular
Council meetings. The format for these meetings shall be as follows:
A. Meeting Times:2
1. First meeting of the month - Council Study Session - - 5:30 PM
2. Second meeting of the month - Regular Council meeting - - 7:00 PM
3. Third meeting of the month - Council Study Session - - 5:30 PM.
4. Fourth meeting of the month - Regular Council meeting - - 7:00 PM
5. Fifth meeting of the month - Council Study Session - - 5:30 PM.
B. Study Sessions should conform to the following:
1. Four or more Councilmembers shall constitute a quorum for Study
Sessions.
2. Two and one half hours maximum timeframe (goal).
3. Maximum of five agenda items (goal).
4. Timeframe per agenda item - up to 30 to 40 minutes.
2 Any of these meetings may be cancelled if not needed, but would be regularly scheduled.
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Exhibit A — Resolution No. 5105
5. Meeting facilitation - the Deputy Mayor shall preside over /conduct
Study Sessions.
6. Agenda items should relate to future policy- making, strategic planning
or key state or federal issues affecting current or future city operations.
7. Agenda items should be substantive only (e.g., traffic impact fee
increase proposals, comprehensive plan updates, rather than day -to-
day operational issues. [Non- substantive items (e.g., accepting a grant,
authorizing contract bidding, etc.) should go directly to the Regular City
Council meeting.
C. Study Session Meeting Format3
1. Call to Order
The Presiding Officer shall call the meeting.
2. Roll call
The City Clerk will call the roll. Councilmembers may request to be
excused from a meeting by requesting the same of the Mayor 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 be put on a
future Study Session agenda for further discussion.
4. Agenda items for Council Discussion.
The Presiding 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 individual(s)
involved in the issue.
3 Study Sessions shall not be televised initially, provided that the City council shall evaluate whether Study sessions
should be televised in the future.
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Exhibit A — Resolution No. 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 a different 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 requirement 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 Presiding
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.
With the support of a consensus of Councilmembers, the Deputy
Mayor shall call for Study Session agenda items requiring formal
Council action to be included in agendas for upcoming Regular Council
Meetings.
5. Other Discussion Items
The Presiding 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.Adjournment
The Presiding Officer shall adjourn the Study Session after conclusion
of discussion on the agenda items.
[See former ACC 2.06.220 (Ord. 4319 §§ 2, 3, 1989; Ord. 3937 § 1, 1984; Ord. 3606 §
1, 1981; Ord. 2786 § 1, 1974; Ord. 2745 § 1, 1973; 1957 code § 1.04.240).]
16.2 The Mayor or a majority of the City Council may establish such ad hoc
committees as may be appropriate to consider special matters that require
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Exhibit A — Resolution No. 5105
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, provided that the Deputy Mayor shall appoint Councilmembers to
Council ad hoc committees. It is further provided that the Mayor shall appoint
members to Council ad hoc committees if the Deputy Mayor is disabled or
precluded from acting in that capacity. Councilmember appointments to
intergovernmental councils, boards and committees, including ad hoc
committees, shall be periodically reviewed to determine which councilmembers
could best be able to represent the City on such councils, boards and
committees.
16.3 Ad hoc council committees shall consider all matters referred to them. The chair
of such ad hoc committee shall report to the City Council the findings of the
committee. Committees may refer items to the Council with a committee
recommendation or with no committee recommendation.
16.4 Advisory Boards, Committees and Commissions established by ordinance,
consisting of citizens appointed pursuant to the establishing Ordinance and
serving in the capacity and for the purposes indicated in the Ordinance, shall act
as an advisory committee to the City Council.
16.5 Committee Chairpersons shall have broad discretion in conducting their
meetings. They will generally follow Roberts Rules of Order, Newly Revised.
16.6 Unless otherwise expressly provided for an ad hoc committee of the City Council,
such committees shall not receive public testimony or allow audience
participation in connection with or related to the agenda item being discussed by
the Committee,. Unless otherwise expressly provided for such ad hoc committee,
it is the intention of the City Council that such ad hoc committees function
informally and not in any way that takes action in lieu of or on behalf of the full
City Council. The purpose and function of such 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).
16.7 Committee Chairpersons shall approve all agenda items and may, at their
discretion, remove or add agenda items during the course of the meeting.
SECTION 17 - COUNCIL REPRESENTATION & INTERNAL COMMUNICATION
17.1 If a Councilmember meets with, attends a meeting or otherwise appears on
before individuals, another governmental agency, a community organization, or a
private entity or organization, including individuals, agencies, or organizations
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D I . B Page 114 of 130
Exhibit A — Resolution No. 5105
with whom or with which the City has a business relationship, and makes
statements directly or through the media, commenting on an issue that does or
could affect the City, the Councilmember shall state the majority position of the
City Council, if known, on such issue. Personal opinions and comments which
differ from those of the Council majority may be expressed if the Councilmember
clarifies that these statements do not represent the City Council's position, and
the statements are those of the Councilmember as an individual. Additionally,
before a Councilmember discusses anything that does or could relate to City
liability, the Councilmember should talk to the City Attorney or the City's Risk
Manager, so that the Councilmember would have a better understanding of what
may be said or how the discussion should go to control or minimize the City's
liability risk and exposure.
17.2 Councilmembers need to have other Councilmember's concurrence before
representing another Councilmember's view or position with the media, another
government agency or community organization.
17.3 Councilmembers shall not knowingly communicate with an opposing party or with
an opposing attorney in connection with any pending or threatened litigation in
which the City is a party or in connection with any disputed claim involving the
City without the prior approval of the City Attorney, unless the Councilmember is
individually a party to the litigation or is involved in the disputed claim separate
from the Councilmember's role as a City official.
17.4 Communication among Councilmembers shall conform to the following
parameters:
A. Except in connection with Council members meeting, informally, in
committees not subject to the Open Public Meetings Act, to assure that
communication on agenda items occurs to the greatest extent possible
at the public meetings, and to avoid even the perception that email is
being used in a way that could constitute a public meeting, e.g.,
successive communications on City Council topics that involve a quorum
of the Councilmembers. Councilmembers should refrain from emailing
Councilmembers about such agenda items. Councilmembers should be
prepared to communicate about matters that are on upcoming Council
agendas at the public meetings. If Councilmembers wish to share
information with other councilmembers about matters that are on
upcoming agendas, the councilmembers should forward that information
to the Mayor for distribution in the council meeting packets.
B. Councilmembers may communicate via email to other Councilmembers,
including to a quorum of the full City Council about matters within the
scope of the City Council's authority or related to City business, but not
yet scheduled on upcoming Council agendas, to indicate a desire that
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D I . B Page 115 of 130
Exhibit A — Resolution No. 5105
certain items be included on upcoming meeting agendas; provided that
Councilmembers shall never ask for responses from the other
Councilmembers in that communication.
C. Email communication among Councilmembers relating to City operations
should also include the Mayor as a recipient/addressee.
D. Councilmembers may email the Mayor about City business without
limitations or restrictions.
17.5 Internet & Electronic Resources /Equipment Use.
A. Policy. It is the policy of the City Council that Internet and electronic
resources equipment use shall conform to and be consistent with the
requirements of City of Auburn Administrative Policy and Procedure 500-
03, "Internet & Electronic Resources /Equipment Use — Elected Officials"
adopted hereby and incorporated herein by this reference.
It is important to note that all letters, memoranda, and interactive computer
communication involving City Councilmembers and members of advisory
boards and commissions, the subject of which relates to the conduct of
government or the performance of any governmental function, with
exceptions stated by the Public Records Act (RCW 42.56), are public
records.
B. Electronic Communications.
(1) Informal messages with no retention value and that do not relate to
the functional responsibility of the recipient or sender as a public
official, such as meeting notices, reminders, telephone messages
and informal notes, do not constitute a public record. Users should
delete these messages once their administrative purpose is served.
(2) All other messages that relate to the functional responsibility of the
recipient or sender as a public official constitute a public record.
Such records are subject to public inspection and copying.
(3)
Electronic communications that are intended to be shared among a
quorum of the City Council or of an ad hoc Council Committee,
whether concurrently or serially, must be considered in light of the
Open Public Meetings Act, if applicable. If the intended purpose of
the electronic communication is to have a discussion that should be
held at an open meeting, the electronic discussion shall not occur.
Further, the use of electronic communication to form a collective
decision of the Council shall not occur.
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D I . B Page 116 of 130
Exhibit A — Resolution No. 5105
(4) Electronic communication should be used cautiously when seeking
legal advice or to discuss matters of pending litigation or other
confidential City business. In general, electronic communication is
discoverable in litigation, and even deleted electronic
communication is not necessarily removed from the system.
Confidential electronic communications should not be shared with
individuals other than the intended recipients, or the attorney - client
privilege protecting the document from disclosure may be waived.
(5)
Electronic communication between Councilmembers and between
Councilmembers and staff shall not be transmitted to the public or
news media without the filing of a public disclosure request with the
City Clerk.
(6) As a cautionary note, if an elected public official uses his or her
personal home computer to send electronic communications
dealing with City business, the electronic communications and
electronic records may be subject to discovery demands and public
disclosure requests. That possibility amplifies the need for caution
in how one uses electronic communication for City business.
17.6 Different than where a City Councilmember is appointed by the City Council or
the Mayor to serve as a member of a board, commission, committee, task force
or any other advisory body, the City Council may appoint a Councilmember to
serve as a non - member Liaison to a board, commission, committee, task force or
any other advisory body. Anytime a Councilmember is appointed as such a
Liaison, the position or role of Liaison is subordinate to that of Councilmember,
and the Councilmember's responsibility is first and foremost to the City and to the
City Council. The role and responsibility of the Councilmember- Liaison is to keep
the City Council 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
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D I . B Page 117 of 130
Exhibit A — Resolution No. 5105
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 and budget
shall be as follows: the requesting Councilmember shall submit his /her request to
expend travel related costs and /or request for authorization for specific travel
purposes to the Mayor to be included on an upcoming Council meeting agenda in
advance of the date(s) of such expenditure or travel. The City Council may
pursuant to a motion, approve the request by a majority vote of a quorum of the
City Council at the meeting in which the matter is considered.
SECTION 19 - CONFIDENTIALITY
19.1 Councilmembers shall keep confidential all written materials and verbal
information provided to them during Executive Sessions, to ensure that the City's
position is not compromised. Confidentiality also includes information provided to
Councilmembers outside of Executive Sessions when the information is
considered by the exempt from disclosure under exemptions set forth in the
Revised Code of Washington.
SECTION 20 — ENFORCEMENT OF RULES OF PROCEDURE
20.1.1 Councilmembers shall conform their conduct to the requirements, standards and
expectations set forth in these Rules of Procedure. In addition to and
notwithstanding whatever other enforcement mechanisms may exist for legal,
ethical or practical obligations on Councilmember performance or conduct,
violations of these Rules of Procedure by Councilmembers may be enforced by
action of the City Council through sanctions such as votes of censure or letters of
reprimand, and such other action as may be permitted by law.
Page 27
D I . B Page 118 of 130
Exhibit A — Resolution No. 5105
City Council Rules of Procedure:
Adopted: February 2, 2004
Ordinance No. 5802
Amended by Resolution No. 4282, December 17, 2007
Amended by Resolution No. 4429, December 15, 2008
Amended by Resolution No. 4467, April 6, 2009
Amended by Resolution No. 4615, July 6, 2010
Amended by Resolution No. 4686, February 22, 2011
Amended by Resolution No. 4740, August 15, 2011
Amended by Resolution No. 4813, May 21, 2012
Amended by Resolution No 4909, February 19, 2013
Page 28
DI.B Page 119 of 130
DI.0
AuBuRN ITY Cdr •
\VASH E NGTo
Agenda Subject:
Ordinance No. 6519
Department:
Administration
AGENDA BILL APPROVAL FORM
Attachments:
Ordinance No. 6519
Administrative Recommendation:
Background Summary:
Reviewed by Council Committees:
Councilmember:
Meeting Date: October 13, 2014
Date:
October 8, 2014
Budget Impact:
$0
Staff:
Item Number: DI.0
AUBURN * MORE THAN YOU IMAGINED Page 120 of 130
ORDINANCE NO. 6 5 1 9
AN ORDINANCE OF THE CITY COUNCIL THE CITY OF
AUBURN, WASHINGTON, CREATING A NEW CHAPTER
2.92 OF THE AUBURN CITY CODE, PROVIDING FOR A
CODE OF ETHICS
WHEREAS, state law, and specifically, Chapter 42.23 of the Revised Code of
Washington (RCW), provides a Code of Ethics for Municipal Officers; and
WHEREAS, state law also provides a separate ethics code for state officials and
employees found in Chapter 42.52 RCW; and
WHEREAS, the provisions of these two RCW Chapters set the framework for
ethics and public service applicable to city officials, however, the two chapters are not
completely consistent in all measures; and
WHEREAS, to address questions and issues related to these two chapters and
to assist in defining provisions and, to some extent reconciling, inconsistencies between
them, it is appropriate for the City of Auburn to adopt and implement its own Code of
Ethics.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows
Section 1. Adoption of New Chapter to City Code. A new chapter 2.92 of the
Auburn City Code, providing for a Code of Ethics, is created to read as follows:
Chapter 2.92
CODE OF ETHICS
Sections:
2.92.010 Policy.
2.92.020 Definitions.
2.92.030 Prohibited conduct.
2.92.040 Ethical standards.
2.92.050 No right of action created — Effective date.
2.92.060 Enforcement.
2.92.010 Policy.
A. Purpose. The city council has adopted herein a code of ethics for city -
elected officials and city appointed officers and officials to promote public confidence in
the integrity of local government and its fair operation. This code of ethics will provide
Ordinance No. 6519
October 1, 2014
DI.0 Page 1
Page 121 of 130
the basis for education and training for city officials to ensure that the highest ethical
standards and best ethical practices will be followed.
B. Intent. The citizens and businesses of Auburn are entitled to have fair,
ethical and accountable local government that has earned the public's full confidence. It
is further the intent that city officials be permitted to fulfill their duties to represent the
public to the greatest extent possible unless circumstances exist where such
engagement is impermissible. Nothing in this chapter is intended to reduce, limit, or
restrict the pool of available candidates for service on the council or service on council -
appointed public bodies, all of which are either part -time or volunteer positions. It is in
the public interest to ensure that the provisions of this chapter do not create barriers to
citizen public service. In keeping with the City of Auburn's commitment to excellence,
the effective functioning of democratic government therefore requires that:
1. Public officials, both elected and appointed, comply with the laws and
policies affecting the operations of government;
2. Public officials be independent, impartial and fair in their actions;
3. Public office be used for the public good, not for personal gain;
4. Public deliberations and processes be conducted openly, unless legally
confidential, in an atmosphere of respect and civility; and
5. There needs to be compatibility between City ethical codes and the ethic
codes of state law.
2.92.020 Definitions.
A. "Official" means a city - elected official and a city- appointed official, officer
or employee, and includes members of appointed city boards and commissions and
other task forces, groups or committees.
B. "Quasi- judicial actions" means those actions of the city council /legislative
body, planning commission, hearing examiner, or other City boards which determine the
legal rights, duties, or privileges of specific parties in a hearing or other contested case
proceeding.
C. "Relative" means spouse, domestic partner, child, step - child, parent, step-
parent, parent -in -law and sibling.
D. Definitions Incorporated by Reference. The definitions included in and
referenced by sections 42.23.020 and 42.52.010 of the Revised Code of Washington
(RCW), as hereinafter amended, are incorporated herein unless the language and
context hereof clearly excludes the application thereof, provided that such definitions
may nevertheless guide in the application and interpretation thereof.
2.92.030 Prohibited conduct.
A. Compliance with Ethics Laws. Officials shall comply with the individual
conduct requirements of federal, state and city laws in the performance of their public
duties. These laws include, but are not limited to: the United States and Washington
Constitutions; laws pertaining to conflicts of interest, election campaigns, financial
disclosures and open processes of government; and city ordinances and policies,
including but not limited to the below list. Councilmembers shall also comply with the
Ordinance No. 6519
October 1, 2014
DI.0 Page 2
Page 122 of 130
ethical, professional and courtesy requirements of the City of Auburn Council Rules of
Procedure.
• Chapter 9A.72 RCW - Perjury and interference with official proceedings
• RCW 35A.12.060 - Vacancy for nonattendance
• Chapter 35A.12 RCW - Mayor - council plan of government.
• Chapter 40.14 RCW - Preservation and destruction of public records
• RCW 42.17A.555 - Use of public office or agency facilities in campaigns
Prohibition — Exceptions
• RCW 42.17A.565 - Solicitation of contributions by public officials or employees
• Chapter 42.23 RCW - Code of ethics for municipal officers — Contract interests
• Chapter 42.36 RCW - Appearance of fairness doctrine — Limitations
• Chapter 42.56 RCW - Public Records Act
• Chapter 42.52 RCW - Ethics in Public Service
B. Gifts and Favors. Officials shall not knowingly use their public position to
secure any special advantage, services or opportunities for personal or family gain,
where such services, opportunities or gains are not available to the public in general.
Officials may also not solicit or receive any thing of monetary value from any person or
entity where the thing of monetary value has been solicited or received or given, or
where it would appear to a reasonable person to have been solicited or received or
given, with intent to give or obtain consideration or influence as to any action by the
official in his or her official capacity; provided, that nothing shall prohibit campaign
contributions which are solicited or received and reported in accordance with applicable
law. They shall not accept or solicit any gifts, favors or promises of future benefits
except as follows:
1. No official may accept gifts, other than those specified in subsection (B)(2)
of this section, with an aggregate value in excess of Fifty Dollars ($50.00) from a single
source in a calendar year, or a single gift from multiple sources with a value in excess of
Fifty Dollars ($50.00) in accordance with RCW 42.52.150(1); provided, that if the Fifty
Dollars ($50.00) limit in RCW 42.52.150(1) is amended, this section shall be deemed to
reflect the amended amount. For purposes of this section, "single source" means any
person, corporation, or entity, whether acting directly or through any agent or other
intermediary. "Single gift" includes any event, item, or group of items used in
conjunction with each other or any trip including transportation, lodging, and attendant
costs. The value of gifts given to an official's family member or guest shall be attributed
to the official for the purpose of determining whether the limit has been exceeded,
unless an independent business, familial, or social relationship exists between the
donor and the official, family member or guest.
2. The following items are presumed not to influence the vote, action, or
judgment of the official, or be considered as part of a reward for action or inaction, and
may be accepted without regard to the limit established by subsection (B)(1) of this
section:
(a) Unsolicited flowers, plants and floral arrangements;
Ordinance No. 6519
October 1, 2014
DI.0 Page 3
Page 123 of 130
(b) Unsolicited advertising or promotional items of nominal value, such as
pens and note pads;
(c) Unsolicited tokens or awards of appreciation in the form of a plaque,
trophy, desk item, wall memento, or similar item;
(d) Unsolicited items received by an official for the purpose of evaluation or
review, if the official has no personal beneficial interest in the eventual use or
acquisition of the item;
(e) Informational materials, publications or subscriptions related to the
recipient's performance of official duties;
(f) Food and beverages consumed at hosted receptions where attendance is
related to the official's duties for the city;
(g) Admission to, and the cost of food and beverages consumed at, events
sponsored by or in conjunction with a governmental entity or organization;
(h) Unsolicited gifts from dignitaries from another state or a foreign country
which are intended to be personal in nature, Provided that if the value (identified or
estimated) exceeds $50, the gift shall be the property of the city's;
(i) Food and beverages on infrequent occasions in the ordinary course of
meals where attendance by the official is related to the performance of official duties;
and
(j) Any gift which would have been offered or given to the official if he or she
were not an official.
3. The presumption in subsection (B)(2) of this section is rebuttable and may
be overcome based on the circumstances surrounding the giving and acceptance of the
item
C. The provisions of this section and of this chapter do not prohibit the city
from funding, or contributing to the funding for, an event, activity, or function at which
public officials attend and /or in which they participate, so long as, the city council finds
that there is a corresponding benefit to the city to have its public officials attend or
participate, and where city council expressly approves funding, or the contribution
towards funding thereof. For the purposes hereof, including the funding of an event,
activity, or function in the approved city budget for applicable public officials constitutes
a finding by the city council that there is a corresponding benefit to the city to have its
public officials attend or participate such event, activity, or function.
2.92.050 No right of action created — Effective date.
A. Nothing in this chapter shall be construed as creating or providing a basis
for a private cause of action against the city or against any official by third parties.
B. No retroactive application is intended by the adoption of this chapter which
shall only apply to acts that occur after the effective date thereof.
2.92.060 Enforcement.
A. The provisions of this chapter shall be enforceable in accordance with the
statutory authority referenced herein.
B. Enforcement of a violation of this ethics code against a councilmember
shall be reviewed by an ad -hoc committee comprised of three members of the city
Ordinance No. 6519
October 1, 2014
DI.0 Page 4
Page 124 of 130
council, which ad -hoc committee shall make a recommendation to the city council. The
ad hoc committee shall be created for this purpose when called for by the deputy
mayor, and members of such ad hoc committee shall be appointed by the deputy
mayor; provided that the mayor shall act to call for the ad hoc committee and appoint
members to such ad hoc committee the deputy mayor is disabled or precluded from
acting in that capacity.
C. Enforcement of a violation of this ethics code against the public official of
the city other than a councilmember shall be as directed by the mayor or the human
resources director, in accordance with city policies.
Section 2. Implementation. The Mayor is hereby authorized to implement
such administrative procedures as may be necessary to carry out the directions of this
legislation.
Section 3 Severability. The provisions of this ordinance are declared to be
separate and severable. The invalidity of any clause, sentence, paragraph, subdivision,
section or portion of this ordinance, or the invalidity of the application thereof to any
person or circumstance shall not affect the validity of the remainder of this ordinance, or
the validity of its application to other persons or circumstances.
Section 4. Effective Date. This Ordinance shall take effect and be in force
five days from and after its passage, approval and publication as provided by law.
INTRODUCED:
PASSED:
APPROVED:
ATTEST:
NANCY BACKUS, MAYOR
Danielle E. Daskam, City Clerk
APPROVED AS TO FORM:
Daniel B. Heid, City Attorney
PUBLISHED:
Ordinance No. 6519
October 1, 2014
DI.0 Page 5
Page 125 of 130
DI.D
AuBuRN ITY Cdr •
\VASH E NGTo
Agenda Subject:
Ordinance No. 6536
Department:
Administration
AGENDA BILL APPROVAL FORM
Attachments:
Ordinance No. 6536
Administrative Recommendation:
Background Summary:
Reviewed by Council Committees:
Councilmember:
Meeting Date: October 13, 2014
Date:
October 8, 2014
Budget Impact:
$0
Staff:
Item Number: DI.D
AUBURN * MORE THAN YOU IMAGINED Page 126 of 130
DI.D
ORDINANCE NO. 6 5 3 6
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, AMENDING
SECTION 2.03.030 OF THE AUBURN CITY CODE
RELATING TO THE SURPLUSING OF PERSONAL
PROPERTY OF THE CITY
WHEREAS, the current provisions of the Auburn City Code do not
address administrative responsibilities for surplusing property that is no longer
needed by the City or has reached the end of its useful life for City purposes; and
WHEREAS, it would be appropriate in handling the administrative duties
relating to surplusing property to distinguish the treatment for personal property,
as opposed to real property, by allowing the Mayor to determine, declare and
handling surplusing responsibilities of personal property that is no longer needed
by the City or has reached the end of its useful life for the City.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows:
Section 1. Amendment to City Code. That section 2.03.030 of
the Auburn City Code be and the same hereby is amended to read as follows:
2.03.030 Powers and duties generally.
A. The mayor shall be the chief executive and administrative officer of the
city, in charge of all departments and employees, with authority to designate
assistants and department heads. The mayor may appoint and remove an
executive assistant to the mayor, if so provided by ordinance or charter. The
mayor may remove members of advisory boards and commissions in accordance
with Chapter 2.30 ACC. He or she shall see that all laws and ordinances are
faithfully enforced and that law and order is maintained in the city, and shall have
general supervision of the administration of city government and all city interests.
B. The mayor shall also be authorized to negotiate the terms of and /or
award contracts falling within the scope of the mayor's authority pursuant to ACC
3.10.020, as it currently exists or as it may be amended hereafter. Contracts that
fall within the scope of the mayor's authority pursuant to ACC 3.10.020 may, but
are not required to be, taken to the city council for approval as a part of the city
Ordinance No. 6536
October 2, 2014
Page 1 of 4
Page 127 of 130
DI.D
council consent agenda or may, but are not required to be, taken to the city
council for information. All official bonds and bonds of contractors with the city
shall be submitted to the mayor or such person as he or she may designate for
approval or disapproval. He or she shall see that all contracts and agreements
made with the city or for its use and benefit are faithfully kept and performed, and
to this end he or she may cause any legal proceedings to be instituted and
prosecuted in the name of the city, subject to approval by majority vote of the
council. The mayor shall also be authorized to negotiate agreements and
execute all documents necessary to complete the acquisition of real property and
the relocation of inhabitants required to complete city projects falling within the
scope of the mayor's authority pursuant to ACC 3.10.020.
C. The mayor shall preside over all meetings of the city council, when
present, but shall have a vote only in the case of a tie in the votes of the council
members. He or she shall report to the council concerning the affairs of the city
and its financial and other needs, and shall make recommendations for council
consideration and action.
D. The mayor shall prepare and submit to the council a proposed budget,
as required by Chapter 35A.33 RCW.
E. The mayor shall have the power to veto ordinances passed by the
council and submitted to him or her as provided in RCW 35A.12.130, but such
veto may be overridden by the vote of a majority of all council members plus one
more vote.
F. The mayor shall be the official and ceremonial head of the city and shall
represent the city on ceremonial occasions, except that when illness or other
duties prevent the mayor's attendance at an official function and no deputy
mayor has been appointed by the council, a member of the council or some other
suitable person may be designated by the mayor to represent the city on such
occasion.
G. The mayor is also empowered, in extraordinary and compelling
circumstances, to reduce or waive some or all of any city fee or charges when
the mayor finds in his or her sole discretion that such reduction or waiver is
necessary to provide support for the poor or infirm, in amounts of up to $10,000
per incident or occasion; provided, that this authorization shall not apply to fees
or charges for which state law prohibits reduction or waiver.
H. The mayor is also authorized to exempt the city from paying the
charges or fees otherwise applicable to city projects, developments or
applications where the charge or fee would be paid out of one of the city's
governmental funds (including the general fund and those funds supported by the
general fund) and the fund that would receive such payment, were it paid, is also
one of the city's governmental funds (including the general fund and /or any of the
funds supported by the general fund); and the mayor is also authorized to
exempt the city from paying the charges or fees otherwise applicable to city
projects, developments or applications where the charge or fee would be paid out
of one of the city's enterprise funds and the fund that would receive such
payment, were it paid, is the same enterprise fund.
Ordinance No. 6536
October 2, 2014
Page 2 of 4
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I. The mayor is also empowered to develop and bring to the city council for
approval pilot programs that promote and encourage the city council's goal of
sustainability, as stated in Resolution No. 4368, seeking to balance and support
the needs of the community, the environment, the economy, and the needs of
future generations, which pilot programs may offset/alleviate current code
requirements in exchange for strategies and methodologies that accomplish the
intended purposes of the city codes and the goals of sustainability.
J. The Mayor is also empowered to identify, declare and dispose of
personal property (not real property) when no longer needed by the city or when
otherwise appropriate for replacement, which surplus action shall be in
conformity with city policy. (Ord. 6312 § 1, 2010; Ord. 6192 § 1, 2008; Ord. 6191
§ 1, 2008; Ord. 6163 § 1, 2008; Ord. 6051 § 1, 2006; Ord. 5914 § 1, 2005; Ord.
5803 § 1, 2003; Ord. 5583 § 1, 2001; Ord. 2943 § 1, 1976.)
Section 2. Implementation. The Mayor is hereby authorized to
implement such administrative procedures as may be necessary to carry out the
directions of this legislation.
Section 3. Severabilitv The provisions of this ordinance are
declared to be separate and severable. The invalidity of any clause, sentence,
paragraph, subdivision, section or portion of this ordinance, or the invalidity of the
application thereof to any person or circumstance shall not affect the validity of
the remainder of this ordinance, or the validity of its application to other persons
or circumstances.
Section 4. Effective date. This Ordinance shall take effect and be
in force five days from and after its passage, approval and publication as
provided by law.
ATTEST:
Danielle E. Daskam, City Clerk
Ordinance No. 6536
October 2, 2014
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INTRODUCED:
PASSED:
APPROVED:
CITY OF AUBURN
NANCY BACKUS, MAYOR
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APPROVED AS TO FORM:
Daniel B. Heid, City Attorney
Published:
Ordinance No. 6536
October 2, 2014
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