HomeMy WebLinkAbout05-07-2015 CITY COUNCIL AGENDA PACKETCity Council Meeting
May 7, 2018 - 7:00 P M
City Hall Council Chambers
A GE NDA
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I .C AL L T O O RD E R
A .P ledge of Allegiance
B .Roll Call
I I .ANNO UNC E M E NT S, P RO C L AM AT IO NS, AND P RE S E NTAT I O NS
A .A ffordable Housing Week Proclamation
Mayor Backus to proclaim May 14-18, 2018 as "A ffordable Housing Week" in the city
of Auburn.
B .P olice Week P roclamation
Mayor Backus to proclaim May 13-19, 2018 as "P olice Week" and May 15th, 2018 as
"Peace Officers Memorial Day" in the city of Auburn.
C.National Public Works Week
Mayor Backus to proclaim May 20-26, 2108 as "National Public Works Week" in the
city of A uburn.
I I I .AP P O I NT M E NT S
A .Civil Service Commission
City Council to confirm the following appointment to the Civil S ervice Committee:
David M enke
City Council to confirm the appointment of a new three year term to expire December
31, 2020 for David Menke to serve on the Civil S ervice Commission.
(Recommended Action: City Council confirm the appointment to the Civil S ervice
Commission.)
B .B I A Committee
City Council to confirm the following reappointment's to the B I A Committee:
Ruth Neil-S tover
Reappointment as an alternate position for a three year term to expire on December
31, 2020
Bob Klontz
Reappointment as a board member for a three year term to expire December 31,
Page 1 of 70
2020.
(Recommended Action: City Council to confirm the reappointment's to the B I A
Committee).
I V.AG E ND A M O D I F IC AT I O NS
V.C IT IZE N I NP UT, P UB L I C HE ARI NG S AND C O RRE S P O ND E NC E
A .P ublic Hearings - (No public hearing is scheduled for this evening.)
B .Audience Participation
This is the place on the agenda where the public is invited to speak to the City
Council on any issue. Those wishing to speak are reminded to sign in on the form
provided.
C.Correspondence - (T here is no correspondence for Council review.)
V I .C O UNC I L AD HO C C O M M IT T E E RE P O RT S
Council Ad Hoc Committee Chairs may report on the status of their ad hoc Council
Committees' progress on assigned tasks and may give their recommendation to the
City Council, if any.
V I I .C O NS E NT AG E ND A
All matters listed on the Consent Agenda are considered by the City Council to be
routine and will be enacted by one motion in the form listed.
A .Minutes of the November 6, 2017 S pecial City Council
Meeting
B .Minutes of the April 16, 2018 Regular Council Meeting
C.Claims Vouchers (Coleman)
Voucher Numbers 448444 Through 448714 in the amount of $1,877,963.65 and six
wire transfers in the amount of $702,650.21 and dated May 7, 2018.
D.P ayroll Vouchers (Coleman)
P ayroll check numbers 537879 through 537894 in the amount of $511,608.24,
electronic deposit transmissions in the amount of $1,897,500.77 for a grand total of
$2,409,109.01 for the period covering April 2, 2018 to May 2, 2018.
E .P ublic Works P roject No. C P 1521
City Council to award Contract No. 18-03, to C P M Development Corporation D B A
I C O N Materials on their low bid of $2,124,738.75 for Project No. C P1521 – 15th
S treet NE/NW Preservation
(RECOM M ENDED ACTION: City Council approve the Consent Agenda.)
V I I I .UNF INIS HE D B US I NE S S
I X.NE W B US I NE S S
X .O RD INANC E S
Page 2 of 70
A .Ordinance No. 6681 (Roscoe)
A n Ordinance of the City of A uburn, Washington, amending Chapter 2.08 of the
A uburn City Code, relating to the I ndependent Salary Commission
(RECOM M ENDED ACTION: City Council adopt Ordinance No. 6681.)
X I .RE S O L UT IO NS
A .Resolution No. 5366 (Coleman)
A Resolution of the City Council of the City of A uburn, Washington, ratifying the
cancelation of the request for bids authorized by Resolution 5210 and expressing the
City’s intent to extend the term of all solid waste collection contracts and seek a new
contract through a competitive proposal process
(RECOM M ENDED ACTION: City Council adopt Resolution No. 5366.)
B .Resolution No. 5367 (Heid)
A Resolution of the City Council of the City of A uburn, Washington, amending the City
Council Rules of P rocedure as adopted by Ordinance No. 5802 and amended by
Resolution Numbers 4282, 4429, 4467, 4615, 4686, 4740, 4813, 4909, 5105, 5112,
5115, 5217, 5240 and 5283
(RECOM M ENDED ACTION: City Council adopt Resolution No. 5367.)
X I I .M AY O R AND C O UNC I L M E M B E R RE P O RT S
At this time the Mayor and City Council may report on significant items associated with
their appointed positions on federal, state, regional and local organizations.
A .From the Council
B .From the M ayor
X I I I .AD J O URNM E NT
Agendas and minutes are available to the public at the City Clerk's Office, on the City website
(http://www.auburnwa.gov), and via e-mail. Complete agenda packets are available for review
at the City Clerk's Office.
Page 3 of 70
AGENDA BILL APPROVAL FORM
Agenda Subject:
Minutes of the November 6, 2017 Special City Council Meeting
Date:
April 12, 2018
Department:
Administration
Attachments:
Minutes for Nov 6, 2017 Special Meeting
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
Background Summary:
Rev iewed by Council Committees:
Councilmember:Staff:
Meeting Date:May 7, 2018 Item Number:CA.A
Page 4 of 70
Page 1
CITY COUNCIL
SPECIAL MEETING
November 6, 2017 3:00 PM
Auburn City Hall – Council Chambers
MINUTES
Mayor Nancy Backus called the special meeting of the City Council to order at
3:00 p.m. on Monday, November 6, 2017 in the Auburn City Hall Council
Chambers located at 25 West Main Street in Auburn.
Councilmembers present: Deputy Mayor Largo Wales, Bob Baggett, John
Holman, Bill Peloza, Yolanda Trout-Manuel, and Rich Wagner. Councilmember
Claude DaCorsi was excused.
Mayor Nancy Backus and the following department directors and staff members
were present: Finance Director Shelley Coleman, Chief of Police Bob Lee,
Parks, Arts and Recreation Director Daryl Faber, City Attorney Daniel B. Heid,
Community Development and Public Works Director Kevin Snyder, Human
Resources and Risk Management Director Rob Roscoe, and City Clerk Danielle
Daskam.
II. DISCUSSION ITEMS
A. Sound Cities Association 2018 Legislative Agenda
Mayor Backus stated that Auburn representatives to the Sound Cities
Association (SCA) Public Issues Committee will be asked to vote on
the SCA 2018 legislative agenda this Wednesday night. The special
City Council meeting is to discuss the SCA legislative agenda with a
vote at the regular City Council meeting later today.
Finance Director Coleman focused on the SCA legislative agenda item
relating to the property tax cap adjustment. She distributed additional
materials during the meeting related to property tax levy rates, property
tax components, active voter-approved property tax measures, and
school district levy history and components.
Director Coleman stated there are approximately 12 different taxing
districts depending on where one lives in the city of Auburn. Each
Page 5 of 70
City of Auburn Special Council Meeting November 6, 2017
Page 2
$1.00 of property tax is allocated as follows: $0.45 to Auburn School
District; $0.13 to the state; $0.14 to the City; $0.09 to King County;
$0.02 to Sound Transit; and the remaining $0.17 to various other
taxing districts.
Director Coleman reviewed the seven year history of the Auburn
School District levy as well as the levy components by special levy,
bond fund levy and building fund levy.
Director Coleman stated the City is limited to a one percent annual
increase in property tax per RCW 84.55.005. In the City of Auburn,
property tax accounts for 31% of the General Fund revenue budget.
The City has been fortunate to fund program expansion and cost of
living increases by utilizing its banked property tax levy. In 2017, the
City used the remaining banked property tax and will be limited to a
one percent increase in property tax in 2018.
Director Coleman noted that the region is experiencing high growth
and low unemployment. This has driven up the wages, and the City
labor contracts reflect the market wage increases. Benefits have also
increased at a greater percentage, as much as 8% to 12% in recent
years. Auburn will not be able to afford these growing costs in the
future with a 1% cap on one third of the General Fund revenue unless
the other two thirds of the General Fund revenue grow at a
substantially higher rate.
In a chart contained in the agenda packet, Director Coleman illustrated
the effect of the SCA’s proposed property tax cap adjustment that
equates to inflation (CPI) plus population growth and would increase
the levy rate by $0.073 per $1,000 of assessed valuation or about
$22.00 per year on a $300,000 assessed value home.
Councilmember Wagner inquired regarding the impact of the new state
legislation in response to the McCleary decision. Finance Director
Coleman stated she will need to research the effect. She believes the
new legislation will replace the local maintenance and operation levies,
but not the bond levies.
Deputy Mayor Wales inquired regarding the Sound Transit levy.
Director Coleman stated the levy is for 25 years and is at the rate of
$0.25 per $1,000. Director Coleman stated the Sound Transit ST3
funding consists of sales tax, property tax, and motor vehicle license
tax.
Councilmember Trout-Manuel expressed concern regarding any
potential for property tax increases.
Page 6 of 70
City of Auburn Special Council Meeting November 6, 2017
Page 3
Mayor Backus reminded that the purpose of the meeting this afternoon
is to discuss the Sound Cities Association legislative priorities for 2018,
which includes advocacy for a property tax cap adjustment. If and
when the state legislature passes the property tax cap adjustment,
each individual city would need to pass the property tax levy. Mayor
Backus suggested some cities may utilize the property tax cap
adjustment while other cities may have no need to.
Councilmember Baggett noted some cities are in a growth phase and
may not need to use the additional property tax, but it does provide
flexibility for those cities that might need to take advantage of the
additional revenue.
Councilmember Wagner expressed support for the Sound Cities
Association legislative priorities, including the property tax cap
adjustment.
Councilmember Holman noted the Sound Cities Association legislative
priorities for 2018 includes other priorities in addition to the property
tax cap adjustment. SCA legislative priorities include: the property tax
cap adjustment; investment in public health services, and addressing
the housing and homeless crisis.
In response to a question from Councilmember Wagner, Mayor
Backus stated funding for the Public Works Trust Fund is included in
the Association of Washington Cities legislative priorities.
Deputy Mayor Wales stated she believes it is not the time to support a
property tax cap increase.
III. ADJOURNMENT
There being no further discussion, the meeting adjourned to closed
session 3:42 p.m. to discuss collective bargaining pursuant to RCW
42.30.140(4)(a).
APPROVED this ______ day of _____________________, 2018.
NANCY BACKUS, MAYOR Danielle Daskam, City Clerk
Page 7 of 70
City of Auburn Special Council Meeting November 6, 2017
Page 4
Page 8 of 70
AGENDA BILL APPROVAL FORM
Agenda Subject:
Minutes of the April 16, 2018 Regular Council Meeting
Date:
April 26, 2018
Department:
Adminis tration
Attachments:
04-16-2018 Meeitng Minutes
Budget Impact:
Current Budget: $0
Proposed Revis ion: $0
Revis ed Budget: $0
Adminis trative Rec ommendation:
Background Summary:
Reviewed by Counc il Committees :
Counc ilmember:Staff:
Meeting Date:May 7, 2018 Item Number:CA.B
Page 9 of 70
City Council Meeting
April 16, 2018 - 7:00 P M
City Hall Council Chambers
MINUT E S
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I .C AL L T O O RD E R
A .P ledge of Allegiance
Mayor Nancy Backus called the meeting to order at 7:00 p.m. in the
Council Chambers at A uburn City Hall, 25 West Main S treet in Auburn and
led those in attendance in the P ledge of A llegiance.
B .Roll Call
Councilmembers present: D eputy Mayor B ob Baggett, L arry B rown,
Claude D aCorsi, J ohn Holman, B ill Peloza and Yolanda Trout-
Manuel. Councilmember L argo Wales was excused.
Mayor Nancy B ackus and the following department directors and staff
members were present: City Attorney Daniel B . Heid, I nformation and
Technology D irector Paul Haugan, F inance Director S helley Coleman,
P arks, A rts and R ecreation D irector Daryl F aber, Human R esources and
Risk Management Director Rob Roscoe, A ssistant D irector of Engineering
S ervices/City E ngineer I ngrid Gaub, A ssistant D irector of Community
Development Services J eff Tate, P olice C ommander Dan O'Neil,
A dministrative S ervices D irector D ana Hinman and Deputy C ity Clerk
S hawn Campbell.
I I .ANNO UNC E M E NT S, P RO C L AM AT IO NS, AND P RE S E NTAT I O NS
A .A utism Awareness Month Proclamation
Mayor Backus to proclaim A pril 2018 as "A utism Awareness Month" in the city of
A uburn.
Mayor Backus read the proclamation declaring April 2018 as A utism
Awareness Month in the City of Auburn.
B .L aw Day Proclamation
Mayor Backus read proclamation declaring May 1, 2018 as L aw
Day and presented City Attorney Dan Heid with the proclamation.
City Attorney Heid stated he has been an attorney for over 40 years and
has enjoyed all of them. He thanked the Mayor and Council for their
Page 1 of 5Page 10 of 70
support.
C.B uilding Safety Month P roclamation
Mayor Backus to proclaim May 2018 as "B uilding Safety Month" in the city of Auburn.
Mayor Backus read a proclamation declaring May 2018 as B uilding Safety
Month and presented the proclamation to Building I nspector Fernando
Fernandez, Plans E xaminer Michael Grohs, B uilding I nspector Kelly
K osko and L ead Permit Center Technician April Shrader.
B uilding I nspector F ernandez thanked the Mayor and Council for their
support.
I I I .AP P O I NT M E NT S
There were no appointment for Council consideration.
I V.AG E ND A M O D I F IC AT I O NS
A proclamation declaring May 1, 2018 as L aw Day and Resolution No.
5364 were added to the agenda.
V.C IT IZE N I NP UT, P UB L I C HE ARI NG S AND C O RRE S P O ND E NC E
A .P ublic Hearings - (No public hearing is scheduled for this evening.)
B .Audience Participation
This is the place on the agenda where the public is invited to speak to the City
Council on any issue. Those wishing to speak are reminded to sign in on the form
provided.
Virginia Haugen, 2503 R S treet S E, A uburn
Ms. Haugen spoke about the A uburn Magazine having good data, and she
has enjoyed the daffodils. She stated that when she was on the Council
she did not know she could have had someone educate the Council on
Roberts Rules of Order.
Victoria P archo,12 B S treet NE, A uburn
Ms. P archo expressed concern on the Council's use of Robert's Rules of
Order and proper training.
C.Correspondence
There was no correspondence for Council review.
V I .C O UNC I L AD HO C C O M M IT T E E RE P O RT S
Council Ad Hoc Committee Chairs may report on the status of their ad hoc Council
Committees' progress on assigned tasks and may give their recommendation to the
City Council, if any.
Councilmember B rown, chair of the Finance ad hoc committee, reported
he and Councilmember Holman reviewed claim vouchers totaling
approximately $4.7 million and payroll for the period of March 29 through
Page 2 of 5Page 11 of 70
A pril 11, 2018 in the approximate amount of $2.2 million.
Councilmember B rown reported all items were in orderCouncilmember
DaCorsi, chair of the Roads Projects ad hoc committee, reported the
committee will meet on April 17, 2018.
V I I .C O NS E NT AG E ND A
All matters listed on the Consent Agenda are considered by the City Council to be
routine and will be enacted by one motion in the form listed.
A .Minutes of the April 2, 2018 Regular City Council Meeting
B .Minutes of the April 9, 2018, February 12, 2018, A ugust 8,
2016 and A ugust 22, 2016 City Council Study Sessions
C.Claims Vouchers (Coleman)
Claims vouchers 448239 through 448443 in the amount of $4,259,487.22 and four
wire transfers in the amount of $484,091.20 and dated A pril 16, 2018.
D.P ayroll Vouchers (Coleman)
P ayroll check numbers 537857 through 537878 in the amount of $223,273,31 and
electronic deposit transmissions in the amount of $1,951,999.68 for a grand total of
$2,175,272.99 for the period covering March 29, 2018 to April 11, 2018.
E .P ublic Works P roject No. C P 1312 (Gaub)
City Council award Contract No. 18-01, to Rodarte Construction, I nc. on their low bid of
$1,247,388.00 plus Washington State sales tax of $115,930.50 for a total contract
price of $1,363,318.50 for Project No. C P1312, 2017 Citywide Storm Repair and
Replacement Project
Councilmember Trout-Manual moved and Councilmember DaCorsi
seconded to approve the consent agenda.
Councilmember P eloza requested an updated list of study session
minutes. He then congratulated E ngineering Department for being able to
move project C P 1312 forward.
MO T I O N C A R R I E D UNA NI MO US LY. 6-0.
V I I I .UNF INIS HE D B US I NE S S
There was no unfinished business.
I X.NE W B US I NE S S
There was no new business.
X .RE S O L UT IO NS
A .Resolution No. 5362 (Faber)
Page 3 of 5Page 12 of 70
A Resolution of the City Council of the City of A uburn, Washington, authorizing the
Mayor to apply for and receive grant funds from the State of Washington Recreation
and Conservation Office for the Green River 104thAvenue P ark P roject
Councilmember DaCorsi moved and Councilmember Peloza seconded to
approve Resolution No. 5362.
MO T I O N C A R R I E D UNA NI MO US LY. 6-0
B .Resolution No. 5363 (Roscoe)
A Resolution of the City Council of the City of A uburn, Washington, authorizing the
Mayor to execute an agreement with City Department Director employees for
employment services
Councilmember Holman moved and Councilmember Baggett seconded to
approve Resolution No. 5363.
Councilmember Trout-Manuel asked how the pool is drawn for recruitment.
S he would like to see a wider recruitment effort for people of color. Human
Resources Director Roscoe stated the City has a very wide recruitment
effort at this time.
Councilmember P eloza stated the City is an E qual Opportunity Employer
and it is up to the interested parties to search the employment
opportunities.
MO T I O N C A R R I E D UNA NI MO US LY. 6-0
C.Resolution No. 5364
A Resolution of the City Council of the City of A uburn, Washington,
authorizing the Mayor to execute an easement granting to Puget Sound
E nergy easement rights for undergrounding electrical utilities that will
service a new bathroom at L es Gove Park
Councilmember B rown moved and Councilmember Holman seconded to
approve Resolution No. 5364.
MO T I O N C A R R I E D UNA NI MO US LY. 6-0
X I .M AY O R AND C O UNC I L M E M B E R RE P O RT S
At this time the Mayor and City Council may report on significant items associated with
their appointed positions on federal, state, regional and local organizations.
A .From the Council
Deputy Mayor Baggett reported he attended the E mergency Management
A dvisory Committee meeting.
Councilmember P eloza reported he attended a memorial service at
Tahoma National Cemetery to honor Robert E L ee, a long time resident of
Page 4 of 5Page 13 of 70
A uburn.
Councilmember Trout-Manuel reported she attended the National L eague
of Cities HE L O group meeting where the City of A uburn received an award
for their work in the minority community.
B .From the M ayor
Mayor Backus reported she met with the C E O from Habitat for Humanity.
Habitat for Humanity will have a reclaimed and used merchandise store in
the City. She attended the grand opening for the City of Algona Community
Center and City Hall, interviews for C E O candidates for the new
Regional Trade and E conomic A lliance and swore in two new police
officers.
Mayor Backus reminded everyone Saturday A pril 21st is Clean S weep.
There will also be a memorial service for Dr. J im F ugate on S aturday.
X I I .AD J O URNM E NT
There being no further business to come before the Council, the meeting
adjourned at 7:49 p.m.
A P P R O V E D this 7th day of May, 2018.
________________________ __________________________
NA NC Y B A C K US, MAYO R S hawn Campbell, Deputy City Clerk
Agendas and minutes are available to the public at the City Clerk's Office, on the City website
(http://www.auburnwa.gov), and via e-mail. Complete agenda packets are available for review
at the City Clerk's Office.
Page 5 of 5Page 14 of 70
AGENDA BILL APPROVAL FORM
Agenda Subject:
Claims Vouchers (Coleman)
Date:
May 2, 2018
Department: Attachments:
No Attachments Av ailable
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
approve claims vouchers
Background Summary:
Voucher Numbers 448444 Through 448714 in the amount of $1,877,963.65 and six wire
transfers in the amount of $702,650.21 and dated May 7, 2018.
Rev iewed by Council Committees:
Councilmember:Staff:Coleman
Meeting Date:May 7, 2018 Item Number:CA.C
Page 15 of 70
AGENDA BILL APPROVAL FORM
Agenda Subject:
Payroll Vouchers (Coleman)
Date:
May 2, 2018
Department: Attachments:
No Attachments Av ailable
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
approve payroll vouchers
Background Summary:
Payroll check numbers 537879 through 537894 in the amount of $511,608.24, electronic
deposit transmissions in the amount of $1,897,500.77 for a grand total of $2,409,109.01 for
the period covering April 2, 2018 to May 2, 2018.
Rev iewed by Council Committees:
Councilmember:Staff:Coleman
Meeting Date:May 7, 2018 Item Number:CA.D
Page 16 of 70
AGENDA BILL APPROVAL FORM
Agenda Subject:
Public Works Project No. CP1521
Date:
April 30, 2018
Department:
CD & PW
Attachments:
Budget Status Sheet
Bid Tab Summary
Vicinity Map
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
City Council award Contract No. 18-03, to CPM Development Corporation DBA ICON
Materials on their low bid of $2,124,738.75 for Project No. CP1521 15th Street NE/NW
Preservation.
Background Summary:
The City received 4 responsive bids and has performed verifications to determine that CPM
Development Corporation DBA ICON Materials, meets the responsible bidding criteria and
recommends award.
Despite the low bid being 20% over the engineer's estimate, all bids received were within
close range of each other. Evaluation of the bids indicates that the electrical and traffic control
work were bid higher than anticipated. This is likely a result of the Underutilized
Disadvantaged Business Enterprise (UDBE) goal of 19% assigned to the project by the
Federal Grant administrator and is a requirement of using the federal grant funds. Re-
advertising this project will not likely result in lower bids and would delay the project.
The purpose of the project is to rehabilitate and preserve the existing pavement in the 15th
Street NW/NE and Harvey Road SE corridor between State Route 167 and 8th Street
NE. The project proposes to grind and overlay 15th Street NW/NE from State Route 167 to
Auburn Way N; and grind and overlay Harvey Road NE from Auburn Way N to 8th Street
NE. The project will restore 7.57 lane miles of pavement, upgrade pedestrian signal system
and approximately 30 curb ramps to meet ADA standard, and relocate traffic signal poles that
are prone to damages at their existing locations.
Construction of this project is anticipated to start in May 2018 and be complete in October
2018.
A project budget contingency of $21,435.00 remains in the 461 (Sewer) Fund.
The estimated total project costs for storm improvements within the 462 (Storm) Fund is
equal to the amount budgeted for the Project.
Page 17 of 70
The estimated total project costs for street and signal improvements within the 105 (Arterial
Preservation), 328 (Capital Signal Improvement), 001 (Engineering Repairs and Maintenance)
Funds are equal to the amounts budgeted for the Project.
Rev iewed by Council Committees:
Councilmember:Staff:Gaub
Meeting Date:May 7, 2018 Item Number:CA.E
Page 18 of 70
Project No: CP1521 Project Title:
Project Manager: Kim Truong
Advertisement
Initiation Date: ____5/6/16_____ Permision to Advertise
Advertisement Date: __3/29/18______ Contract Award April 19, 2018
Award Date: ___________ Change Order Approval
Contract Final Acceptance
Funding 2016 (actual) 2017 (actual)
2018 Total
105 Fund - Arterial Street Preservation 46,656 63,165 1,415,166 1,524,987
105 Fund - Federal Grant 43,793 22,207 749,000 815,000
328 Fund - Capital Signal Improvement 50,000 50,000
001 Fund - Engineering Repairs and Maintenance 50,000 50,000
461 Fund - Sewer 50,000 50,000
462 Fund - Storm 65,000 65,000
Total 90,449 85,372 2,379,166 2,554,987
Activity 2016 (actual) 2017 (actual)
2018 Total
Design Engineering - City Costs 63,759 72,548 39,344 175,651
Design Engineering - Consultant Costs 26,306 12,824 24,462 63,593
Construction Contract 2,124,739 2,124,739
Construction Contract Contingency (5%)106,237 106,237
Other - Permitting, Misc.384 4,900 5,284
Construction Engineering - City Costs 53,049 53,049
Construction Engineering - Consultant Costs 5,000 5,000
Total 90,449 85,372.31 2,357,731 2,533,552
2016 (actual) 2017 (actual)
2018 Total
*105, 328, 001 Funds Budgeted ( ) (90,449) (85,372) (2,264,166) (2,439,987)
105, 328, 001 Funds Needed 90,449 85,372 2,264,166 2,439,987
*105, 328, 001 Fund Project Contingency ( )0 0 0 0
105, 328, 001 Funds Required 0 0 0 0
2016 (actual) 2017 (actual)
2018 Total
*462 Funds Budgeted ( )0 0 (65,000) (65,000)
462 Funds Needed 0 0 65,000 65,000
*462 Fund Project Contingency ( )0 0 (0) (0)
462 Funds Required 0 0 0 0
2016 (actual) 2017 (actual)
2018 Total
*461 Funds Budgeted ( )0 0 (50,000) (50,000)
461 Funds Needed 0 0 28,565 28,565
*461 Fund Project Contingency ( )0 0 (21,435) (21,435)
461 Funds Required 0 0 0 0
* ( # ) in the Budget Status Sections indicates Money the City has available.
BUDGET STATUS SHEET
Date:
15th Street NE/NW Preservation
Funds Budgeted (Funds Available)
461 Sewer Budget Status
Estimated Cost (Funds Needed)
105, 328, & 001 Budget Status
462 Storm Budget Status
Page 19 of 70
BID TABULATION
BID TOTALS SUMMARY
Project Name: CP1521, 15th St NE/NW Preservation
Prepared by: City of Auburn
Bid Date:
ENGINEER'S ESTIMATE:1,776,314.75$
AVERAGE BASIC BID AMOUNT:2,155,468.69$
BASIC BID SPREAD AMOUNT:77,363.25$ Basic BID Amount Spread $Spread %
LOW BIDDER:ICON Materials 2,124,738.75$ $348,424.00 19.61%
Second Bidder:Miles Resources, LLC 2,129,356.55$ $353,041.80 19.87%
Basic BID (Tax not Included)Total BID (This Contract has no sales tax.)
ICON Materials 2,124,738.75$ 2,124,738.75$
Miles Resources, LLC 2,129,356.55$ 2,129,356.55$
Lakeside Industries, Inc.2,165,677.45$ 2,165,677.45$
Tucci & Sons, Inc.2,202,102.00$ 2,202,102.00$
NOTE: An evaluation of whether a bidder is responsible or non-responsible was only made for the low bidder. This does not
indicate, one way or the other, how other bidders would be considered if they were the low bidder.
4/19/18
4/23/2018 (8:31 AM)
h:\proj\bidtabs\CP1521-BT.xls 9
Page 20 of 70
15th St NE/NW Preservation
Printed Date:
Information shown is for general reference
purposes only and does not necessarily
represent exact geographic or cartographic
data as mapped. The City of Auburn makes no
warranty as to its accuracy.
Map Created by City of Auburn eGIS
5/6/201415th Stree NE/NW
Preservation Project
Page 21 of 70
AGENDA BILL APPROVAL FORM
Agenda Subject:
Ordinance No. 6681 (Roscoe)
Date:
May 1, 2018
Department:
Human Resources
Attachments:
Ordinance No. 6681
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
For discussion.
Background Summary:
Rev iewed by Council Committees:
Councilmember:Staff:Roscoe
Meeting Date:May 7, 2018 Item Number:ORD.A
Page 22 of 70
- - - - - - - - - - - - - - - -
Ordinance No. 6681
April 18, 2018
Page 1
ORDINANCE NO. 6 6 8 1
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AMENDING CHAPTER 2.08 OF THE
AUBURN CITY CODE RELATING TO THE INDEPENDENT
SALARY COMMISSION
WHEREAS, the provisions of state law, and particularly the provisions of Section
35.21.015 of the Revised Code of Washington (RCW) allow for cities to establish
independent salary commissions to set the salaries for elected City Council members and
other elected officials of the City; and
WHEREAS, at the time that the City Council adopted its Ordinance No. 6504,
creating Chapter 2.08 of the Auburn City Code, establishing an Independent Salary
Commission for the City of Auburn, it included, within the purpose and scope of the
Commission’s salary setting responsibilities, the salaries for members of the City Council,
not the Mayor; and
WHEREAS, since the adoption of Ordinance No. 6504, it has been determined
that it would be advantageous for the Commission’s salary setting responsibilities to
include the Mayor’s salary as well as those of members of the City Council; and
WHEREAS, the provisions of Section 35.21.015 RCW would accommodate
inclusion of the Mayor’s salary in the responsibilities of the Commission.
SECTION 1. AMENDMENT TO AUBURN CITY CODE. Chapter 2.08 of the
Auburn City Code be, and the same hereby is, amended to read as follows:
Chapter 2.08
INDEPENDENT SALARY COMMISSION
Sections:
2.08.010 Commission established.
2.08.020 Purpose.
2.08.030 Membership.
2.08.040 Qualifications.
2.08.050 Operation.
2.08.060 Responsibilities.
2.08.070 Effective date – Salaries.
Page 23 of 70
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Ordinance No. 6681
April 18, 2018
Page 2
2.08.080 Salary schedule subject to referendum petition.
2.08.010 Commission established.
A salary commission is hereby established pursuant to RCW 35.21.015,
hereinafter referred to as the city of Auburn independent salary commission. (Ord. 6504
§ 1, 2014.)
2.08.020 Purpose.
The purpose of the independent salary commission shall be to review and
establish the salaries of the members of the city council and the mayor. For the purposes
hereof, the salary authority of the independent salary commission shall include all
compensation that may be paid to or received by councilmembers and the mayor,
whether or not it is identified as salary. Also for the purposes hereof, the salaries identified
by the independent salary commission shall be uniform among the same category or
class of elected officials. This provision, however, does not prevent or preclude the
independent salary commission from providing for a different salary for the
councilmember selected as the deputy mayor of the city. Rather, the independent salary
commission would be entitled to consider the additional duties of the deputy mayor in
setting salaries for that position. (Ord. 6504 § 1, 2014.)
2.08.030 Membership.
A. The independent salary commission shall consist of five members who shall
be registered voters and residents of the city of Auburn, appointed by the mayor and
confirmed by the city council; provided, that no person shall be appointed to a position on
the independent salary commission unless that person has completed and submitted to
the city an application for appointment to citizen boards, commissions and committees,
on the form provided by the city.
B. The members of the independent salary commission shall serve without
compensation.
C. Each member of the independent salary commission shall serve a term of
four years, except that the first five commission members shall be appointed for different
terms, as follows: one member to serve for a period of one year, one member to serve
for a period of two years, one member to serve for a period of three years, and two
members to serve for a period of four years. The mayor, with the approval/confirmation
of the city council, may appoint alternate independent salary commission members as the
need arises. The Prior to the expiration of the terms of office of any members of the
independent salary commission, the mayor shall annually reappoint or appoint, subject to
approval/confirmation by the city council, returning or new members by March of any
given year to fill the expiring terms on the independent salary commission.
D. No member may be appointed to more than two terms on the independent
salary commission, whether or not those terms are held consecutively.
E. If, for any reason, a vacancy occurs during the term of an independent
salary commission member, the mayor shall appoint, with the approval/confirmation of
the city council, a new member to fill the unexpired term of that member.
Page 24 of 70
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Ordinance No. 6681
April 18, 2018
Page 3
F. The mayor and city council may remove an independent salary commission
member at any time for cause of incapacity, incompetence, neglect of duty, or
malfeasance in office, or for a disqualifying change of residence, or for three consecutive
unexcused absences of regularly scheduled meetings of the independent salary
commission.
G. All members of the independent salary commission shall serve until their
successors are duly appointed by the mayor and confirmed by the city council. (Ord. 6649
§ 1, 2017; Ord. 6504 § 1, 2014.)
2.08.040 Qualifications.
A. No person shall be appointed to serve as a member or alternate member of
the independent salary commission unless that person is a citizen of the United States, a
resident of the city for at least one year immediately preceding such appointment, and an
elector of the county in which the member resides.
B. No city officer, official or employee of the city or an immediate family
member of a city officer, official or employee may serve on the commission. “Immediate
family member,” as used in this section, means the parents, spouse, siblings, children, or
dependent relatives of the officer, official, or employee, whether or not living in the
household of the officer, official or employee. (Ord. 6504 § 1, 2014.)
2.08.050 Operation.
A. The independent salary commission shall elect a chair and vice chair from
among its voting members. Other than for those members initially appointed for a one-
year term, such officers shall hold office for two years. The independent salary
commission may from time to time establish and publish rules of procedure for the efficient
and fair conduct of its business, consistent with state law and city ordinance.
B. The mayor shall appoint appropriate staff to assist the independent salary
commission in preparation of its reports and records, and conducting its meetings, as may
be necessary for the proper operation of the commission.
C. The meetings of the independent salary commission shall be subject to the
Open Public Meetings Act pursuant to Chapter 42.30 RCW.
D. The independent salary commission, with the assistance of appointed staff,
shall keep a written record of its proceedings, which shall be a public record all in
accordance with state law.
E. The independent salary commission shall have the authority to raise and
lower salaries of the city council and the mayor. A city council or mayoral salary increase
or decrease shall occur only if three members of the commission vote in favor of the
increase or decrease. Three members of the commission shall constitute a quorum, and
the votes of such quorum shall be sufficient for the decision of all matters and the
transaction of all business to be decided or transacted by the independent salary
commission.
F. The independent salary commission shall meet at least once in 2014 and
at least once in each year thereafter to consider whether or not to review and/or adjust
existing salaries for the city council salaries and the mayor. The initial meeting of the
Page 25 of 70
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Ordinance No. 6681
April 18, 2018
Page 4
independent salary commission shall take place within 30 days after the initial members
of the independent salary commission have been appointed and confirmed. Thereafter,
the initial annual meeting of the independent salary commission shall occur no later than
April 30th, in any given year.
G. Prior to a vote of the independent salary commission to raise or lower
salaries, residents of the city shall have an opportunity to comment or submit comments
in writing. An opportunity for comments shall be conducted in a manner that is consistent
with the procedure used at regularly scheduled meetings of the city council for public
comment.
H. Prior to a vote of the independent salary commission to raise or lower
salaries, the commission may request, from the mayor or designee, additional financial
information and other relevant data, other than that information provided in subsection I
of this section, including but not limited to information related to the various duties,
assignments, responsibilities, obligations and meetings of city councilmembers.
I. The mayor or designee shall provide the independent salary commission
with, and the commission shall consider, information regarding salaries paid to members
of city councils and mayors from comparable cities. Such comparable cities shall be
comprised of cities having a population of at least 25,000 and located in King, Pierce or
Snohomish County, and for the purposes of the mayor, comparable cities shall be cities
organized and operating under the mayor-council plan of government, pursuant to
Chapter 35A.12 RCW or Title 35, RCW .
J. In its meeting(s), the independent salary commission shall review and, if it
so determines, amend and file its schedule of salaries for the city council and the mayor
with the city clerk within 30 days after its meeting(s) in 2014, and thereafter shall file its
amended schedule of salaries for the city council (if any) with the city clerk no later than
May 31st of each year. If necessary, the independent salary commission will also meet
upon any other call by the chair, the mayor or by the majority vote of the city council. (Ord.
6504 § 1, 2014.)
2.08.060 Responsibilities.
The independent salary commission shall have the following responsibilities:
A. To study the relationship of salaries to the duties of the city councilmembers
and the mayor and those of comparable cities, as defined hereinabove, and to establish
a salary for the mayor and a uniform salary for all councilmembers, as described
hereinabove, by either increasing or decreasing the existing salaries for the city council
and the mayor by an affirmative vote of not less than three members;
B. To review salary schedules and file its amending salary schedules, if any,
within 30 days after the initial meetings of the independent salary commission; and
thereafter, to review salary schedules and file its amending salary schedules, if any, not
later than May 31st of every year thereafter, provided that this does not preclude the
independent salary commission from reviewing and amending salary schedules more
often than once per year if circumstances warrant;
C. To submit each amended salary schedule to the city clerk, who will publish
the complete schedule two times, at least one week apart in the official newspaper of the
Page 26 of 70
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Ordinance No. 6681
April 18, 2018
Page 5
city. The second publication date will be the official filing date. The schedule will become
effective 30 days after this date. (Ord. 6504 § 1, 2014.)
2.08.070 Effective date – Salaries.
The independent salary commission’s established or amended salary schedule will
become effective in the amounts, at the times, and under the conditions established in
the schedule. Once filed, the schedule shall be incorporated into the city budget without
further action of the city council or the independent salary commission. Salary increases
established by the independent salary commission shall be effective as to all city
councilmembers and the mayor regardless of their terms of office. Salary decreases
established by the commission shall become effective as to incumbents at the
commencement of their next subsequent terms of office. Existing salaries for
councilmembers and the mayor established by prior action of the independent salary
commission, by prior city ordinance and/or through prior city budget shall remain in effect
unless and until changed in accordance with the provisions of this chapter. The terms and
conditions of the commission’s adopted salary schedule will remain in effect until
amended under the terms and conditions of a new salary schedule filed in accordance
with this chapter. (Ord. 6504 § 1, 2014.)
2.08.080 Salary schedule subject to referendum petition.
A. The independent salary commission’s adopted salary schedule shall be
subject to referendum petition by the people of the city upon filing of a valid referendum
petition with the city clerk within 30 days after the official filing date of the salary schedule.
The number of registered voters needed to sign such a petition for referendum shall be
15 percent of the total number of names of persons listed as registered voters within the
city on the day of the last preceding city general election. In the event of the filing of a
valid referendum petition, the salary increase or decrease shall not go into effect until
approved by vote of the people.
B. Referendum measures under this section shall be submitted to the voters
of the city at the next following general or municipal election occurring 30 days or more
after the petition is filed and shall be otherwise governed by the provisions of the State
Constitution, RCW 35A.11.100 and other laws generally applicable to referendum
measures. (Ord. 6504 § 1, 2014.)
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
Page 27 of 70
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Ordinance No. 6681
April 18, 2018
Page 6
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: __________________________
CITY OF AUBURN
ATTEST:
_____________________________________
NANCY BACKUS, MAYOR
_________________________
Danielle E. Daskam, City Clerk
APPROVED AS TO FORM:
_________________________
Daniel B. Heid, City Attorney
Published: _________________
Page 28 of 70
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 5366 (Coleman)
Date:
May 2, 2018
Department:
Financ e
Attachments:
Resolution No. 5366
Budget Impact:
Adminis trative Rec ommendation:
City Counc il adopt Res olution No. 5366
Background Summary:
The City of Auburn’s c urrent “Comprehens ive Garbage, Recyclables and Compostables Collection
Agreement” with Waste Management expires September 30, 2019. The City’s “Comprehens ive
Agreement for Solid Was te Collec tion in Annexed Areas” with Republic Services als o expires September
30, 2019.
Resolution No. 5366 c anc els the 2016 reques t for bid process, authorizes the City to extend the exis ting
s olid was te contrac ts for a term of two years to September 30, 2021, and solidifies the City’s intent to
procure the next s olid was te contrac t through a c ompetitive propos al proc es s . The competitive proc es s
will ensure the bes t s ervic es for City of Auburn res idents and bus inesses. The new contrac t will s tart
October 1, 2021, and enc ompas s the entire City.
Reviewed by Counc il Committees :
Counc ilmember:Staff:Coleman
Meeting Date:May 7, 2018 Item Number:RES.A
Page 29 of 70
Resolution No. 5366
May 1, 2018
Page 1 of 3
RESOLUTION NO. 5 3 6 6
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, RATIFYING THE CANCELATION
OF THE REQUEST FOR BIDS AUTHORIZED BY
RESOLUTION 5210 AND EXPRESSING THE CITY’S
INTENT TO EXTEND THE TERM OF ALL SOLID WASTE
COLLECTION CONTRACTS AND SEEK A NEW
CONTRACT THROUGH A COMPETITIVE PROPOSAL
PROCESS
WHEREAS, the City of Auburn’s existing solid waste collection contracts
expire on September 30, 2019; and
WHEREAS, Resolution No. 5210 authorized the Mayor to procure solid
waste hauler services, through the use of a cost-based competitive bidding
process, using prudent measures to insure that bidders are competent and provide
high levels of service; and
WHEREAS, though the process called for in Resolution No. 5210 was
commenced, it did not result in the city being able to make a selection for a term
to start in 2018; and
WHEREAS, at the bidder’s request, bid bonds were returned, effectively
canceling the competitive bidding process; and
WHEREAS, the statutorily created franchises for annexed territory have
expired, permitting the City to award a new collections contract for all portions of
the city; and
WHEREAS, each of the City’s existing collections contracts contain
provisions allowing for a two-year extension of the term of each contract; and
Page 30 of 70
Resolution No. 5366
May 1, 2018
Page 2 of 3
WHEREAS, Auburn residents value transparent, fair, and cost-effective
public contracting processes; and
WHEREAS, it is advantageous for the City to take steps to address current
solid waste contracts and to procure future solid waste contracts through a
competitive process.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
HEREBY RESOLVES as follows:
Section 1. The cancellation of the competitive bid process for solid waste
services authorized by Auburn Resolution No. 5210, enacted on March 21, 2016,
is ratified.
Section 2. That the Mayor is hereby authorized and directed to extend,
according to the terms and conditions of both existing solid waste collection
contracts, the term of each contract for a two-year period.
Section 3. That the Mayor is further hereby authorized and directed to
procure future solid waste hauler services through the use of a competitive
proposal process, beginning no later than June 1, 2019, using prudent measures
to ensure that candidates are competent and able to deliver high levels of service
consistent with the expectations of city residents and businesses.
Section 4. That the Mayor is further authorized to implement such
administrative procedures as may be necessary to carry out the directives of this
legislation.
Section 5. That this Resolution shall take effect and be in full force upon
passage and signatures hereon.
Page 31 of 70
Resolution No. 5366
May 1, 2018
Page 3 of 3
Dated and Signed this _____ day of _________________, 2018.
CITY OF AUBURN
________________________________
NANCY BACKUS, MAYOR
ATTEST:
_________________________
Danielle E. Daskam, City Clerk
APPROVED AS TO FORM:
_________________________
Daniel B. Heid, City Attorney
Page 32 of 70
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 5367 (Heid)
Date:
May 1, 2018
Department:
City Attorney
Attachments:
Res olution No. 5367
Res olution No. 5367, Exhibit A
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
For discussion.
Background Summary:
The City Council, like many public (and private) boards benefit from having its own Rules of
Procedure, defining how meetings are to be conducted, and affairs to be run. This is
consistent with Robert's Rules of Order, which accommodates customization of rules to best
suit the organization. Periodically, the City Council has seen fit to modify its Rules of
Procedure, whether to address specific issues or clarify questions that surface in the use of
its rules. In this case, several questions recently surfaced with respect to how best to make
sure that Councilmembers are using tools available to them to make sure that the information
they need, is provided, and available through resources that do not leave the
Councilmembers facing any exposure or jeopardy. Additionally, particularly after recent
parliamentary training, the City Council received an offer from the parliamentarian who
presented the training to make some minimal suggestions that could help the City Council in
connection with its City business. Resolution No. 5367 includes some such modifications.
Rev iewed by Council Committees:
Councilmember:Staff:
Meeting Date:May 7, 2018 Item Number:RES.B
Page 33 of 70
--------------------------------
Resolution No. 5367
April 25, 2018
Page 1 of 2
RESOLUTION NO. 5 3 6 7
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 NUMBERS. 4282,
4429, 4467, 4615, 4686, 4740, 4813, 4909, 5105, 5112, 5115
5217, 5240 AND 5283
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 City Council Rules of Procedure could be accomplished by
Resolution properly introduced and passed by the City Council; and
WHEREAS, since Ordinance No. 5802, the City Council passed Resolution
Numbers 4282, 4429, 4467, 4615, 4686, 4740, 4813, 4909, 5105, 5112, 5115, 5217 ,
5240 and 5283, which Resolutions adopted certain modifications to the City Council Rules
of Procedure; and
WHEREAS, since the time of the above Resolutions, certain issues surfaced that
indicate an advantage in making further changes to the City Council Rules of Procedure,
including parliamentarian suggestions - related to: voting for ordinances and resolutions,
preservation of order and decorum relating to those in the audience who disrupt meetings;
and motions for reconsideration, as well as use of social media and electronic equipment
during Council meetings, refraining from actions detracting from deportment of the City
Council, and Councilmember use of city equipment and facilities.
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 on April 6, 2009,
Page 34 of 70
--------------------------------
Resolution No. 5367
April 25, 2018
Page 2 of 2
Resolution No. 4615 on July 6, 2010, Resolution No. 4686 on February 22, 2011,
Resolution No. 4740 on August 15, 2011, Resolution No. 4813 on May 21, 2012,
Resolution No. 4909 on February 19, 2013, Resolution No. 5105 on November 3, 2014,
Resolution No. 5112 on December 1, 2014, Resolution No. 5115 on December 15, 2014,
Resolution No. 5217 on May 2, 2016, Resolution No. 5240 on July 5th, 2016, and
Resolution No. 5283 on February 21, 2017, on February 21, 2017, are hereby amended
as set forth in Exhibit “A”, attached hereto and incorporated herein.
Section 2. The Mayor is hereby authorized to implement such administrative
procedures as may be necessary to carry out the directives of this legislation.
Section 3. This Resolution shall take effect and be in full force and effect upon
passage and signature hereon.
DATED and SIGNED this ____ day of _________________, 2018.
CITY OF AUBURN
ATTEST: ________________________________
NANCY BACKUS, MAYOR
____________________________
Danielle E. Daskam, City Clerk
APPROVED AS TO FORM:
____________________________
Daniel B. Heid, City Attorney
Page 35 of 70
Page 1
Exhibit “A” to Resolution No. 5 3 6 7
RULES OF PROCEDURE OF THE CITY COUNCIL OF
THE CITY OF AUBURN, WASHINGTON
TABLE OF CONTENTS
SECTION 1 AUTHORITY 1
SECTION 2 COUNCIL MEETINGS 1
SECTION 3 ORDER OF BUSINESS OF REGULAR COUNCIL MEETING AGENDA 4
SECTION 4 COUNCILMEMBER ATTENDANCE AT MEETINGS 9
SECTION 5 PRESIDING OFFICER - DUTIES 1011
SECTION 6 COUNCILMEMBERS 1112
SECTION 7 DEBATES 12
SECTION 8 PARLIAMENTARY PROCEDURES AND MOTIONS 13
SECTION 9 VOTING 15
SECTION 10 COMMENTS, CONCERNS AND TESTIMONY TO COUNCIL 15
SECTION 11 PUBLIC HEARINGS AND APPEALS 16
SECTION 12 DEPUTY MAYOR SELECTION PROCESS 17
SECTION 13 COUNCIL POSITION VACANCY 21
SECTION 14 COUNCIL MEETING STAFFING 21
SECTION 15 COUNCIL RELATIONS WITH STAFF 22
SECTION 16 COUNCIL STUDY SESSIONS, COMMITTEES AND CITIZEN ADVISORY
BOARDS 22
SECTION 17 COUNCIL REPRESENTATION & INTERNAL COMMUNICATION 29
SECTION 18 TRAVEL AUTHORIZATION 3334
SECTION 19 CONFIDENTIALITY 3435
SECTION 20 ENFORCEMENT OF RULES OF PROCEDURE 3435
RULES OF PROCEDURE OF THE CITY COUNCIL OF
THE CITY OF AUBURN, WASHINGTON
SECTION 1 - AUTHORITY
The Auburn City Council hereby establishes the following rules for the conduct of Council
meetings, proceedings and business. These rules shall be in effect upon adoption by
resolution of Council and until such time as they are amended or new rules are adopted
in the manner provided by these rules.
SECTION 2 - COUNCIL MEETINGS
All meetings of the City Council shall be open to the public and all persons shall be
permitted to attend any meeting of this body, except as provided in RCW Chapter 42.30.
The City Clerk shall be responsible for preparing agendas for all City Council meetings
pursuant to the authority of Section 2.03.100 of the City Code1.
1 2.03.100 Meeting coordination duties.
Page 36 of 70
Page 2
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 first and third
Mondays of every month 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 Mayor, as 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.
[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 second, fourth and
fifth Mondays of every month in the City Hall Council Chambers located at 25 West
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 ad hoc 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 37 of 70
Page 3
Main Street, Auburn, Washington. The regular meeting location of Study Sessions
may be changed by a majority vote of the City Council. Study Sessions shall be
subject to the following:
A. The Deputy Mayor shall preside over Study Sessions, other than those
portions thereof for which Special Focus Areas are scheduled (as described
herein below).
B. Study Sessions will begin at the hour of 5:30 p.m.
C. A quorum shall constitute four or more Councilmembers for the transaction
of business.
D. 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.
E. No particular seating arrangement shall be required for the Deputy Mayor
or other members of the Council, or for the Mayor or any other persons
invited to sit at the table of Study Sessions.
2.3 Regular Meeting Times:2
The regularly scheduled meetings of the City Council shall be held at the following
times, unless re-scheduled and/or reset to different times:
A. First Monday of the month - Regular Council Meeting - - 7:00 PM
B. Second Monday of the month - Council Study Session - - 5:30 PM
C. Third Monday of the month - Regular Council Meeting - - 7:00 PM.
D. Fourth Monday of the month - Council Study Session - - 5:30 PM
E. Fifth Monday of the month - Council Study Session - - 5:30 PM.
2.4 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.
2 Any of these regularly scheduled meetings may be cancelled if not needed.
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[See ACC 2.06.040 (1957 code § 1.04.070).]
2.5 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.
2.6 Executive Sessions - A Council meeting that is closed except to the Council, the
Mayor, City Attorney and authorized staff members and/or consultants authorized
by the Mayor. The public is restricted from attendance.
Executive sessions may be held during Regular and Special meetings of the City
Council, and 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).]
2.7 Cancellation of Meetings - Meetings may be canceled by the Mayor with the
concurrence of the Deputy Mayor or, in the absence of either, by the Mayor or the
Deputy Mayor, or by a majority vote of the City 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.
3.1 The agenda format of the Regular City Council meeting shall be as follows:
A. Call to order.
The Mayor shall call the meeting to order.
B. Pledge of Allegiance.
The Mayor, Councilmembers and, at times, invited guests will lead the
Pledge of Allegiance.
C. Roll call.
The City Clerk will call the roll. Councilmembers may request to be excused
from a meeting by requesting the same of the Mayor in advance of the
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meeting. The reason for the request shall be given at the time of the
request.
D. Announcements, Proclamations and Presentations
A proclamation is defined as an official announcement made by the Mayor
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.
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.
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I. Correspondence
J Council Ad Hoc Committee Reports
Council ad hoc Committee Chairs may report on the status of their ad hoc
Council Committees’ progress on assigned tasks and may give their
recommendations to the City Council, if any.
K. 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.
L. Unfinished Business
Unfinished business of a general nature and that it was removed from the
Consent Agenda for separate discussion and action.
M. New Business
Business, other than ordinances and resolutions, that has not been
previously before the City Council.
N. 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
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upon a motion duly made, seconded and approved by a majority of
the councilmembers in attendance at the council meeting.
2. Prior to any ordinance being considered for adoption by the City
Council, the ordinance shall be included on a Study Session agenda,
for review and discussion as provided in Section 16.1 (C)(5);
Provided, however, that if the Mayor believes that special,
emergency or exigent circumstances exist regarding the to need
consider adoption of an ordinance without the ordinance having been
placed on a Study Session agenda, the Mayor may place the
ordinance on a Regular or Special City Council Meeting agenda with
a request that the City Council consider adoption of the ordinance at
such Regular or Special Meeting of the City Council. If there is not
agreement among members of the City Council as to whether the
ordinance should be considered for adoption at the Regular or
Special Meeting of the City Council, the matter shall be presented for
a separate vote at the Regular or Special City Council Meeting, and
decided by majority vote of the members of the City Council at said
meeting.
a. If a majority of the City Council members vote in favor of
considering adoption of the ordinance, the consideration of
the adoption of the ordinance shall be the next matter before
the City Council.
b. If a majority of the City Council votes in favor of reviewing and
discussing the ordinance at a Study Session prior to voting on
its adoption, the ordinance shall be placed on an upcoming
Study Session agenda for review and discussion.
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 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
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Council membership. A public emergency ordinance is one designated to
protect public health and safety, public property, or public peace.
O. 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 or 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.
P. 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) minutes, with sensitivity to
avoiding duplicate reporting.
Q. 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.
3.4 Amendment to Agenda - The sequence of handling items on the agenda of a
particular Regular Council Meeting may be amended from order listed on the
printed/approved agenda as follows:
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A. Motion to Suspend the Rules. Any member of the City Council may move
to suspend the rules so as to provide that an item on the agenda may be
taken out of order - considered at a different order or placement in the
agenda. Such motion shall require a second, and upon approval by a
majority of Councilmembers in attendance at the meeting, the item shall be
considered at the point in the agenda as indicated in the approved motion.
B. Adjustment of Agenda by Mayor. If the Mayor, as the presiding official,
determines that an item on the agenda of a Regular Council Meeting should
be taken out of order - considered at a different order or placement in the
agenda.as set forth in the agenda - to accommodate members of the City
Council or others at the Council Meeting, the Mayor may call for the
amendment of the agenda to accomplish such adjustment. Such action by
the Mayor does not require a motion or vote by the City Council; provided
that if the City Council does not wish to have the item moved - agenda
adjusted - as directed by the Mayor, the City Council may, by motion duly
made, seconded and approved by a majority of Councilmembers in
attendance at the meeting keep the agenda unchanged.
[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.
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4.3 Councilmembers shall attend the Special Meetings of the City Council.
Councilmembers, shall inform the Mayor or the City Clerk if they are unable to
attend any such meetings, or shall so inform the Mayor or City Clerk if they expect
to be late to any such Special meeting. If a Councilmember has informed the
Mayor or City Clerk that he or she is unable to attend such Special meeting, the
minutes for that meeting shall show the Councilmember as having an excused
absence for that meeting. Provided that excessive, continued or prolonged
absences may be addressed by the City Council on a case by case basis.
4.4 Attendance at 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.
4.5 At all meetings of the City Council, including but not limited to Regular Meetings,
Study Sessions and Ad Hoc Committee Meetings, Councilmembers shall refrain
from use of cell phones or other personal communication devices, and shall not
send or receive and read e-mails, text messages, or any other social media
postings. Councilmembers shall also refrain from side conversations with other
individual Councilmembers. Councilmembers shall also refrain from inappropriate
or derogatory body language or any other actions that detract from the deportment
of the City Council.
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 the 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, other than those portions thereof for
which Special Focus Areas are scheduled (as described herein below). It is further
provided that, though not the presiding officer of Study Sessions, the Mayor is
encouraged to attend Study Sessions. 3
[See former ACC 2.06.090 (1957 code § 1.04.100).]
3 For the purposes hereof, whenever the term “Mayor” or “Deputy Mayor” is used, it shall also include the
person who, in the absence thereof shall assume actions or responsibilities in place of the Mayor or Deputy
Mayor. When the term “presiding officer” is used, it shall refer to the person responsible for presiding over
the meeting in question.
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5.2 The Presiding Officer:
A. Shall preserve order and decorum at all meetings of the Council and cause
the removal of any person in the audience from any meeting who disrupts
the meeting after having been warned to cease the disruptive behavior 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 himself/herself to the question under
debate.
6.2 Questioning. - Any member of the Council, including the Mayor, 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.
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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 public, 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
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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 shall have the right to challenge
any action or ruling of the presiding officer, in which case the decision of the
majority of the members of the Council present shall govern.
[See former ACC 2.06.130 (1957 code § 1.04.130).]
SECTION 8 - PARLIAMENTARY PROCEDURES AND MOTIONS
8.1 Unless specifically provided differently herein, all City Council meeting discussions
shall be governed by ROBERTS RULES OF ORDER, NEWLY REVISED (latest
edition).
8.2 If a motion does not receive a second, it dies. Matters that do not constitute a
motion include nominations, withdrawal of motion by the person making the
motion, request for a roll call vote, and point of order or privilege; therefore a
second is not needed.
8.3 A motion that receives a tie vote is deemed to have failed, provided that except
where prohibited by law, the Mayor, as presiding official, shall be allowed to vote
to break a tie vote.
8.4 When making motions, Councilmembers shall be clear and concise and not
include arguments for the motion within the motion.
8.5 After a motion has been made and seconded, the Councilmembers may discuss
their opinions on the issue prior to the vote.
8.6 If any Councilmember wishes to abstain, from a vote on the motion pursuant to the
provisions of Section 9 hereof, that Councilmember shall so advise the City
Council, and shall remove and absent himself/herself from the deliberations and
considerations of the motion, and shall have no further participation in the matter.
Such advice shall be given prior to any discussion or participation on the subject
matter or as soon thereafter as the Councilmember perceives a need to abstain,
provided that, prior to the time that a Councilmember gives advice of an intent to
abstain from an issue, the Councilmember shall confer with the City Attorney to
determine if the basis for the Councilmember's intended abstention conforms to
the requirements of Section 9. If the intended abstention can be anticipated in
advance, the conference with the City Attorney should occur prior to the meeting
at which the subject matter would be coming before the City Council. If that cannot
be done, the Councilmember should advise the City Council that he/she has an
"abstention question" that he/she would want to review with the City Attorney, in
which case, a brief recess would be afforded the Councilmember for that purpose.
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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 non-debatable 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.
8.98 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.
8.109 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.
8.1110 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.
8.1211 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.
8.1312 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.
8.1413 Amendments are voted on first, then the main motion as amended (if the
amendment received an affirmative vote).
8.1514 Debate of the motion only occurs after the motion has been moved and
seconded.
8.1615 The presiding officer, City Attorney or City Clerk should repeat the motion
prior to voting.
8.1716 The City Clerk will take a roll call vote, if requested by the presiding officer,
a Councilmember, or as required by law.
8.1817 When a question has been decided, any Councilmember who voted in the
majoritywith the prevailing side may move for reconsideration. In order to afford
Councilmembers who voted in the majority with the prevailing side the potential
basis for a motion for reconsideration, Councilmembers who voted in the
majoritywith the prevailing side may inquire of Councilmembers who voted with the
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minority as to the reasons for their minority vote, if not stated during debate prior
to the vote. A motion for reconsideration is debatable if the motion being
reconsidered was debatable. If the motion being reconsidered was not debatable,
the motion for reconsideration is not debatable.
8.1918 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.
8.2019 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 4
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
4 The City Council cannot vote on items during a Study Session. At a Study Session, the Deputy Mayor or
the Chair of a Special Focus Area will look for “consensus.” For the purposes hereof and where consistent
with these Rules of Procedure, consensus shall mean a collective position of the City Council where a
majority of the members can support or “live with” (accept) the item or proposed discussion. Consensus of
the body will be gauged by the presiding officer.
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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.
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.
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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 Annually or more often as deemed appropriate, the members of the City Council,
by majority vote, shall designate one of their members as Deputy Mayor for a one
year time period, except as provided in Section 12.1, Paragraphs G and H herein.
A. Any member of the City Council may be nominated for the position of
Deputy Mayor by having that Councilmember’s name placed in nomination
by a Councilmember, provided that the name of the most senior member of
the City Council who has not previously served as Deputy Mayor shall
automatically be placed in nomination for the position of Deputy Mayor. [The
nomination of a councilmember for the position of Deputy Mayor does not
require a second, and a councilmember may nominate him or herself.]
1. For the purposes hereof, the most senior member of the City Council,
seniority shall be determined by:
(a) The number of consecutive years, months and days served;
(b) If the number of consecutive years, months and days served
by two or more members of the City Council are equal, the
member of the City Council who received the greater/greatest
number of votes in the most recent general election in which
such members were elected to the City Council shall be
deemed most senior.
2. If the most senior councilmember declined the automatic nomination,
the name of the next most senior member of the City Council shall
be automatically be placed in nomination for the position of Deputy
Mayor.
3. If all members of the City Council have previously served as Deputy
Mayor, there shall be no automatic seniority nomination.
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4. Other than for the automatic nomination of the most senior
councilmember who has not previously served as deputy Mayor, all
other nominations for the position of Deputy Mayor shall be made by
members of the City Council on the dates of election for the Deputy
Mayor position.
5. In connection with the selection of Deputy Mayor, it is strongly
suggested that councilmembers approach the election in an open,
transparent and respectful manner, avoiding anything that
jeopardizes harmony among councilmembers.
B. The Councilmember receiving a majority of the votes cast by the members
of the City Council shall be elected Deputy Mayor. A Councilmember may
vote for him or herself.
C. The names of all nominees for the position of Deputy Mayor shall be
included in the vote.
D. If no single Councilmember received a majority of the votes cast, a second
vote/ballot, between the two nominees who received the largest number of
votes, would be needed. In the second vote/ballot, whichever of these two
nominees received the larger number of votes would be elected to the
position of Deputy Mayor.5
E. The Deputy Mayor shall serve at the pleasure of the Council.
F. In the event of the absence or unavailability of the Deputy Mayor, the
longest serving member of the City Council, other than the Deputy Mayor,
shall serve as interim Deputy Mayor until the return of the regular Deputy
Mayor.
G. If the designated Deputy Mayor is unable to serve the full term of the
position of Deputy Mayor, the Council shall designate the next senior
member of the City Council as Deputy Mayor for the remainder of the term.
If the appointment is declined the process shall continue until a Deputy
Mayor is designated.
H. In the event that the councilmember selected as Deputy Mayor is unable to
perform the duties of the position of Deputy Mayor, or fails to act in
accordance with the City Council Rules of Procedure, the City Council may,
by a majority vote of the full City Council, remove the Deputy Mayor from
5 It may be that if there were a larger number of nominees in the initial election, there would not be (only) two
councilmembers who received the largest number of votes. For instance, if one nominee received three votes a second
nominee received two votes and a third nominee also received two votes, it might be appropriate to have an initial run
off between the second and the third nominees to determine who would be included in the final run-off against the
first nominee.
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this position, in which case, the next senior councilmember shall assume
the position of Deputy Mayor for the balance of the year. If the next senior
councilmember is unwilling or unable to assume the position of Deputy
Mayor, the position of Deputy Mayor shall be filled by a majority vote of the
full City Council.
[See RCW 35A.12.065.]
12.2 The Deputy Mayor, as the head of the legislative branch of the City, shall perform
the following duties:
A. Intra-Council Relations:
1. Serve as the Chair of the Council Study Sessions;
2. Serve as an ex-officio member of all other ad hoc committees of the City
Council, provided that attendance by a quorum of the City Council at ad hoc
committee meetings shall comply with the Open Public Meetings Act (RCW
42.30), unless expressly exempted.;
3. Assist in new councilmember training;
4. Support cooperative and interactive relationships among council
members;
5. Work with Administration to prepare agendas for Council Study
Sessions;
6. Preside over the Study Sessions of the City Council, and work with
the chairs of the Special Focus Areas on the portions of Study
Sessions over which the Special Focus Areas chairs preside
B. Mayor-Council Relations:
1. Help maintain a positive and cooperative relationship between the
Mayor and the City Council;
2. Act as conduit between the Mayor and the City Council on issues or
concerns relating to their duties;
3. Preside over Regular Meetings of the City Council in the absence or
unavailability of the Mayor;
4. In the event of the a prolonged absence or incapacitation (a state of
disability that prohibits the function of duties) of the Mayor, the
Deputy Mayor shall perform the duties of the Mayor.
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(a) A prolonged absence is defined as requiring a leave of
absence that prohibits the performance of the duties of the
office. Vacation leave for periods up to two weeks, illnesses
requiring an absence of less than two weeks, out of state or
out of country travel lasting not more than two weeks, or other
similar short-term absences shall not be considered
prolonged absences.
(b) In the event of a disaster, emergency, or other similar
circumstance, where the Mayor is out-of-town and unable to
carry out the duties of the office of Mayor, the Deputy Mayor,
in consultation with the Mayor, shall act as Mayor until the
return and availability of the Mayor;
5. The Deputy Mayor shall also stand in on behalf of the Mayor in other
situations as requested by the Mayor;
6. In the performance of the duties of the Mayor, the Deputy Mayor shall
not have authority to appoint, remove, replace, discipline or take
other similar action on any director or employee of the City;
7. The Deputy Mayor shall not have veto authority for actions that may
be taken by the City Council;
8. The Deputy Mayor shall be aware of City, regional and
intergovernmental policies and activities in order to properly execute
the role of Mayor.
C. Intergovernmental and Community Relations:
1. Act in absence of Mayor as requested and/or as required;
2. 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;
3. Serve as the Chair of the City’s Emergency Management
Compensation Board.
D. Other Duties of the Deputy Mayor:
1. In cooperation with the Mayor and Special Focus Area group’s
chairpersons and with assistance from Administration, create and
establish agendas for all study sessions;
2. Preserve the decorum and order at all Council Study Sessions;
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3. Serve as liaison to the Junior City Council, participating as a non-
voting member of the Junior City Council, encouraging, guiding and
counseling the members of the Junior City Council in connection with
its duties and assignments;
4. Assist in training new councilmembers;
5. Serve as the liaison between the City Council and the Mayor and be
a conduit between the City Council and the Mayor on issues or
concerns of the Council;
6. Facilitate any issue related to the conduct and/or actions of
councilmembers that may be inappropriate or that may be in violation
of the Council Rules of Procedure (Section 20.1);
7. Conduct regular and periodic meetings with individual
councilmembers to address councilmember issues, concerns,
legislative processes, councilmember proposals, councilmember
training, and other similar related items.
8. Conduct group meetings with councilmembers, provided that such
meetings shall not have more than two councilmembers at such
meetings. All such meetings at which a quorum of the City Council is
in attendance shall be in compliance with the Open Public Meetings
Act (RCW 42.30), unless expressly exempted.
[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 or designees shall attend all meetings of the Council unless
excused.
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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. An 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. The Mayor shall endeavor to
advise and update the Councilmember(s) on the status or follow-up of such issues.
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
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16.1 In addition to the regularly scheduled City Council meetings (Regular Council
Meetings) scheduled on the first and third Mondays of the month, City Council shall
regularly schedule Council Study Sessions on the second, fourth 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. General Business Focus and Special Focus Areas
Study Sessions shall consist of two (2) Focus divisions per meeting; (1) a
General Business Focus and (2) a Special Focus Area. The General
Business Focus shall be scheduled first, and shall include agenda items
that relate to issues of general City concern, items that will be coming before
the City Council at upcoming meetings and presentations and reports to the
City Council. The Special Focus Area groups shall, on a rotating basis
described below, commence their portion of the Study Session following the
conclusion of the Study Session General Business Focus, The Special
Focus Area groups shall review matters of Council concern related to their
areas of oversight responsibility. The Special Focus Area groups shall
consist of the following: (1) Public Works & Community Development; (2)
Municipal Services; (3) Health & Human Services; and (4) Finance &
Economic Development. These Special Focus Area groups shall be tasked
with oversight of Council considerations as follows:
1. Public Works & Community Development;
• Utilities
• Zoning Codes & Permits
• Innovation & Technology
• Transportation
• Streets
• Engineering
• Capital Projects
• Sustainability
• Environmental Protection
• Cultural Arts and Public Arts
• Planning
2. Municipal Services
• Police
• SCORE Jail
• District Court
• Parks & Recreation
• Animal Control
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• Solid Waste
• Emergency Planning
• Airport
• Airport Businesses
• Sister Cities
• Multi Media
3. Health & Human Services
• Human Services Funding
• Public Wellness
• Domestic Violence Services
• Homelessness Services
• Affordable Housing
• Community Services
• Human Resources
• Medical Community Relations
4. Finance & Economic Development
• City Budget & Amendments
• Risk Management
• Equipment Rental
• Facilities
• City Real Property
• Legal
• Development Incentives
• Business Development
• Economic Development Strategies
Aside from the above Special Focus Area topics, there shall be a
Finance ad hoc Committee to review vouchers and payroll.
B. Scheduling of Special Focus Area.
1. The Special Focus Areas shall conduct their portion of the Study
Sessions on 2nd and 4th Mondays of the month on a rotating basis
such as follows: Public Works & Community Development, then
Municipal Services, then Health & Human Services, then Finance &
Economic Development, then Public Works & Community
Development, then Municipal Services, and so on.
2. On 5th Mondays of the Month, Study Sessions will not typically
include any of the above Special Focus Areas, but may include
special topics and issues of general concern to the City Council,
including Council operating arrangements and Council Rules of
Procedure. It is provided, however, that in order for the City Council
to address the matters coming before the City Council, the Mayor
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and Deputy Mayor may, as they deem appropriate, insert into any
Study Session any matters calling for City Council consideration and
discussion, regardless of Special Focus Areas.
3. Topics for Special Focus Area consideration (for inclusion in the
Special Focus Area portion of the Study Session agenda) shall be
determined by the Chair of each Special Focus Area along with the
Mayor and the Deputy Mayor, taking into account matters within the
topics of the Special Focus Area calling for action or consideration,
and suggestions by other Councilmembers of such topics.
C. Meeting Times:
:
Study Sessions shall be scheduled as set forth in Section 2.3, above.
D. Study Sessions should conform to the following:
1. Meeting facilitation - the Deputy Mayor shall preside over/conduct
General Business Focus portions of Study Sessions. The
Councilmember selected to chair the Special Focus Area for the
study sessions for which his or her Special Focus Area is scheduled
shall preside over/conduct the Special Focus Area of the Study
Session.
2. Four or more Councilmembers shall constitute a quorum for Study
Sessions.
3. Three to four hours maximum timeframe (goal).
4. Agenda items should relate to future policy-making, strategic
planning or key state or federal issues affecting current or future city
operations.
5. 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.
E. Study Session Meeting Format 6
1. Call to Order
The Deputy Mayor shall call the meeting to order.
6 It is the intention of the City Council that Study Sessions shall be televised on the City’s public access
channel if reasonably possible.
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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 Deputy Mayor 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.
Study Sessions are an opportunity for the members of the City
Council to discuss among themselves issues coming before the City
Council. Study Sessions do not include a place on the agenda for
public audience participation. However at the request of the
presiding officer, individuals may be asked to give a report on topics
appearing on the Study Session agenda.
4. Agenda items for Council Discussion.
The Deputy Mayor 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. The Deputy Mayor shall endeavor to call upon
the members of the City Council in the order of their requests to
discuss the Agenda Item.
After such report(s), if any, the Deputy Mayor 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 Deputy
Mayor 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
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discussion should be continued to a later date, the Deputy Mayor
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. Ordinances
Prior to an ordinance being included for adoption on the agenda of a
Regular or Special Meeting of the City Council, the ordinance shall
be included on the agenda of a Study Session for Council review and
discussion.
a. The Study Session ordinance review requirement shall be met
even if the version to be considered at an upcoming City
Council Meeting is amended from the version included on the
Study session agenda following review and discussion at the
Study Session.
b. If, after City Council review and discussion of an ordinance at
a Study Session, the City Council is not ready to vote on a
proposed ordinance, the ordinance may be included on
another Study session agenda for further review and
discussion. If there is not agreement among members of the
City Council as to whether the ordinance should next come
before the City Council at a regular or Special Meeting of the
City Council for consideration of adoption or whether it should
return for further review and discussion at a Study Session,
the matter shall be presented for a vote at the Study Session,
and decided by majority vote of the members of the City
Council at the Study Session.
6. 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.
7. New Business
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Agenda topics for future Study Sessions may be proposed by any
Councilmember during New Business. If there is a consensus among
the Councilmembers, the Deputy Mayor and the Mayor will meet to
place the topic on the Matrix for a future Study Session Agenda. At
Council discretion, production and delivery of a “white paper” in lieu
of a future agenda item may be considered.
8. Special Focus Area
a. The Chair of the Special Focus Area scheduled for the Study
Session, on a rotating basis as described above, shall preside
over this portion of the study session.
b. The Chair of the Special Focus Area shall call the various
items included in the agenda for this portion of the Study
Session
c. The Chair of the Special Focus Area shall also review the
Matrix with respect to items related to the Special Focus Area.
9. Matrix Review/Update (the Deputy Mayor shall preside over this
portion of the Study Session)
a. Following the conclusion of City Council consideration of the
topics of the Special Focus Area, the City Council shall review
the Matric of upcoming topics.
b. The Matrix shall consist of topics from all areas of city
concern, general concern as well as topics of each of the
Special Focus Areas
10. Adjournment
The Deputy mayor shall adjourn the Study Session after conclusion
of discussion on the above agenda items.
16.2 The Mayor, the Deputy 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, and the Deputy Mayor shall appoint Councilmembers to Council ad
hoc committees, 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
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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 before
individuals, another governmental agency, a community organization, or a private
entity or organization, including individuals, agencies, or organizations with whom
or with which the City has a business relationship, and makes statements directly
or through the media, commenting on an issue that does or could affect the City,
the Councilmember shall state the majority position of the City Council, if known,
on such issue. Personal opinions and comments which differ from those of the
Council majority may be expressed if the Councilmember clarifies that these
statements do not represent the City Council’s position, and the statements are
those of the Councilmember as an individual. Additionally, before a
Councilmember discusses anything that does or could relate to City liability, the
Councilmember should talk to the City Attorney or the City’s Risk Manager, so that
the Councilmember would have a better understanding of what may be said or
how the discussion should go to control or minimize the City’s liability risk and
exposure.
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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 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 and Facility 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
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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 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.
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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.
C. Use of City Equipment and Facilities.
1. City Councilmembers are provided various tools to assist them in
handling the business of the City in the role as members of the City
Council. These tools include, but are not limited to: (1) an individual
office assigned to each Councilmember in which there is (a) office
furniture; (b) a computer accommodating access to the City’s
computer network and (c) a telephone tied to the City’s telephone
system; (2) and I-Pad also tied to the City’s computer system that
can be used remotely (not just in the Councilmember’s office); (3) ,
an I-Phone accommodating mobile communication needs for (a)
telephone calls, (b) emails, and (c) texting; (4) a City badge
accommodating physical access to City Hall facilities and Council
Offices; and (5) Council mailboxes.
2. In order to assure transmittal of information necessary to conduct
business of the City and to avoid Public Records Act liability for the
City and Councilmembers for improper or private equipment use,
Councilmembers shall use the tools identified above to assist them
in being able to receive and work with information related to duties
as councilmembers.
17.6 Council Relations with City Boards and Commissions.
A Council Liaisons.
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, on limited occasions
or under unusual circumstances, 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
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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. Insofar as a Council Liaison position does not
give all councilmembers equal access to the activities, functions and
information of or about a board, commission, committee, task force or any
other advisory body, appointments to Council Liaison positions should be
reserved to those instances where a Report to the Council by the board,
commission, committee, task force or any other advisory body would not be
convenient or practical.
B. Reports to the Council.
Each board, commission, committee, task force or any other advisory body
of the City shall be requested to present a report to the City Council at a
Regular Meeting or a Study Session of the City Council, as scheduled by
the Mayor or Deputy Mayor. Such reports shall be scheduled for a Regular
Council Meeting or a Council Study Session, and shall be delivered by the
chair of the board, commission, committee, task force or any other advisory
body or designee. The reports shall inform the City Council of the activities,
functions and information with which the board, commission, committee,
task force or any other advisory body has been involved since the previous
report, and shall include the opportunity for questions by Councilmembers.
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
A. Value of Council Travel.
The Auburn City Council recognizes the need of its members to attend conferences,
trainings, and meetings to broaden their knowledge of and familiarity with a diverse
collection of City-related issues, including, but not limited to Public Works,
Communications, Transportation, Economic Development, Public Safety and Energy.
These conferences also provide valuable opportunities to network with other city elected
officials. Comparing Auburn's specific issues with those of other cities often provides the
City Council with established policies already in place in other cities that can be adapted
to meet the specific needs of the City of Auburn, as well as expediently and efficiently
acquainting Auburn City Councilmembers with ideas of how to address Auburn issues and
solve Auburn problems.
B. Annual Budget Amounts for Council Travel
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To accommodate Council travel, the Auburn City Council shall allocate an identified
amount of money each year in the Cty budget process, whereby each Councilmember
shall have an identified amount of money earmarked for his/her City related travel costs,
including transportation, lodging, meals and registration costs.
C. Adjustment of Council Travel Allocations.
In the event that a councilmember needs more than the amount of travel related funds
allocated for his or her use, the councilmember shall (1) see if there are unused funds
available from any other councilmember(s) who are willing to transfer funds from their
account to the councilmember needing additional travel funds, whereby, with the consent
of the Deputy Mayor and the other transferring councilmember(s), funds will be transferred
to the requesting councilmember’s allotment; or (2) shall request a net adjustments to the
budget adding additional funds to his or her allotment, which adjustment shall be approved
by a majority of the whole City Council.
D. Receipts and Travel Documentation
Each City Councilmember shall be responsible for providing to the Mayor or
Finance Director, within ten (10) business days of returning from City travel, any
and all City travel related receipts and documentation. Quarterly reports of the
travel costs incurred by each councilmember shall be provided by the Finance
Department.
SECTION 19 - CONFIDENTIALITY
19.1 Councilmembers shall keep confidential all written materials and verbal
information provided to them during Executive or Closed Sessions and as provided
in RCW 42.23.070, 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 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
Amended by Resolution No. 5105, November 3, 2014
Amended by Resolution No. 5112, December 1, 2014
Amended by Resolution No. 5115, December 15, 2014
Amended by Resolution No. 5217, May 2, 2016
Amended by Resolution No. 5240, July 5, 2016
Amended by Resolution No. 5283, February 21, 2017
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