HomeMy WebLinkAbout06-01-2020 Agenda Modification
TO: Members of the City Council
Mayor Backus
Department Directors
FROM: Shawn Campbell, City Clerk
SUBJECT: Agenda Modification
DATE: June 1, 2020
The June 1, 2020, City Council agenda is modified to add the following item:
II. NEW BUSINESS
A. PROCLAMATIONS
1. Mayor Backus to Proclaim June 2020 as LGBTQ+
Pride Month in the City of Auburn
X. RESOLUTIONS
E. Resolution No. 5524
A Resolution granting administrative authority to the
Mayor to develop and implement strategies designed to
ameliorate the adverse impacts of COVID-19 faced by
residential tenants and residential property owners and
managers
F. Resolution No. 5526
A Resolution ratifying and confirming Emergency
Proclamation 2020-06 and the Civil Order imposing
curfews and extending the term of the Curfew Order
AGENDA BILL APPROVAL FORM
CITY COUNCIL
Agenda Subject/Title:
Resolution 5524
Date:
June 1, 2020
Department:
Community Development
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
DESCRIPTION:
Resolution No. 5524 grants administrative authority to the Mayor to develop and implement
strategies designed to ameliorate the adverse impacts of COVID-19 faced by residential tenants
and residential property owners and managers.
ADMINISTRATIVE RECOMMENDATION:
Approve Resolution 5524
BACKGROUND SUMMARY:
On March 18, 2020, and then on April 16, 2020, Governor Inslee issued Proclamations
20-19 and 20-19.1, respectively, prohibiting landlords, property owners, and property
managers from evicting, displacing or otherwise removing tenants from residential rental
properties, or taking steps toward the same. Unless renewed by the Governor, these
proclamations expire on June 4, 2020.
With a current unemployment rate in the City of Auburn of more than 16% and more
than 8,000 rental units it is likely that residential tenants and property owners will
continue to experience the inability of some tenants to continue paying their rent beyond
June 4, 2020. This impacts both the tenant and property owner. This impact may
remain in place for many more months depending upon the pace of economic recovery,
the possible continued presence of the COVID-19 pandemic, and the variability of
unemployment benefits.
Housing stability contributes to both economic stability/recovery and health
stability/recovery. Resolution 5524 provides the Mayor with authority to proceed with
administrative measures to mitigate the potential impact of residential evictions during a
period of time that will either see prolonged continued economic and health impacts, or
what is likely to be a prolonged period of economic recovery. Administrative measures
may include city actions to aid both tenants and property owners as well as the ability to
enter into contracts with outside service providers that aid tenants and/or property
owners.
STAFF:
Tate
Staff Member: Tate
Date: June 1, 2020
Page 2 of 2
COUNCILMEMBER:
Trout-Manuel
ATTACHMENTS:
1. Resolution 5524
------------------------------
Resolution No. 5524
June 1, 2020
Page 1 of 6
RESOLUTION NO. 5524
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AUBURN, WASHINGTON, AUTHORIZING THE
MAYOR TO DEVELOP AND IMPLEMENT STRATEGIES
AND APPROACHES TO AMELIORATE THE ADVERSE
IMPACTS OF COVID-19 FACED BY RESIDENTIAL
TENANTS AND LANDLORDS
WHEREAS, like many areas of the state of Washington and across the country,
the City of Auburn, Washington, is presently facing a health emergency due to COVID-
19, a respiratory disease that can result in serious illness or death, is caused by the
SARS-CoV-2 virus, which is a new strain of coronavirus not having previously identified
in humans and which can be easily spread from person to person; and
WHEREAS, on January 21, 2020, the Washington State Department of Health
(DOH) confirmed localized person-to-person spread of COVID-19 in Washington State,
significantly increasing the risk of exposure and infection to the general public in
Washington State and creating an extreme public health risk that may spread quickly;
and
WHEREAS, on January 31, 2020, the United States Department of Health and
Human Services Secretary Alex Azar declared a public health emergency for COVID-19,
beginning on January 27, 2020; and
WHEREAS, on February 29, 2020, Washington State Governor Jay Inslee issued
a proclamation declaring a State of Emergency in all counties of the state of Washington
in response to new cases of COVID-19, and the Governor has subsequently issued
additional/amended proclamations to prohibit social gathering of over fifty people, closing
all public and private schools state-wide, closing restaurants and others social gatherings,
------------------------------
Resolution No. 5524
June 1, 2020
Page 2 of 6
and, further, exercising the Governor’s emergency powers under RCW 43.06.220 by
prohibiting certain other; and
WHEREAS, the COVID-19 pandemic caused a sustained global economic
slowdown, as well as an economic downturn throughout Washington State, with layoffs
and reduced work hours for a significant percentage of the local and state-wide workforce
due to substantial reductions in business activity, which in turn contributed to employee
layoffs and substantially reduced work hours, causing significant economic hardship; and
WHEREAS, this significant economic hardship disproportionately affected low-
and moderate-income workers, resulting in lost wages and potentially the inability to pay
for basic household expenses, including rent; and
WHEREAS, the inability to pay rent by the affected members of our community
increased the likelihood of eviction from their homes, increasing the life, health, and safety
risks to a significant percentage of our people from the COVID-19 pandemic; and
WHEREAS, on March 18, 2020, and then on April 16, 2020, Governor Inslee
issued his Proclamations 20-19 and 20-19.1, respectively, prohibiting landlords, property
owners, and property managers from evicting, displacing or otherwise removing tenants
from residential rental properties, or taking steps toward the same; and
WHEREAS, Proclamation 20-19.1 issued on April 16, 2020 includes statewide
direction that restricts landlords, property owners, and property managers from treating
unpaid rent or other charges as an enforceable debt or obligation where such non-
payment was as a result of the COVID-19 outbreak and that precludes the ability to
attempt to collect rent unless the landlord, property owner, or property manager
demonstrates through a preponderance of evidence to a court that the resident was
------------------------------
Resolution No. 5524
June 1, 2020
Page 3 of 6
offered, and refused or failed to comply with, a re-payment plan that was reasonable
based on the individual financial, health, and other circumstances of that resident; and
WHEREAS, unless extended, the Governor’s prohibition on eviction actions is due
to expire on June 4, 2020; and
WHEREAS, the City of Auburn has an interest in seeing its residents who have
been adversely impacted by COVID-19 avoid residential rental evictions, to the extent
that it can reasonably do so; and
WHEREAS, the City of Auburn does not seek to locally impose a moratorium on
evictions, but would like to see landlord cooperation with programs that restrict landlords
from pursuing eviction actions or taking enforcement action to collect unpaid rental related
obligations where such evictions and/or non-payment was as a result of the COVID-19
outbreak unless the landlord can demonstrate that the resident was offered a reasonable
re-payment plan which the resident refused or failed to comply with; and
WHEREAS, the City of Auburn also desires to promote and implement efforts to
encourage housing stability after June 4, 2020, by developing and implementing
strategies to reduce or eliminate residential evictions related to a tenant’s inability to pay
rent as a result of lost revenue due to COVID-19; and
WHEREAS, the City of Auburn believes that programs addressing COVID-19
related residential rental impacts are of great importance to the City, including,
particularly, those that incorporate the principle expressed in the Governor’s Proclamation
such as promoting reasonable re-payment plans, and that these programs would have
equal or greater importance following the expiration of the Proclamation; and
------------------------------
Resolution No. 5524
June 1, 2020
Page 4 of 6
WHEREAS, the City of Auburn has the ability to access money from a variety of
sources, that could be used to assist in the mitigation of impacts to tenants and landlords
caused by the COVID-19 pandemic; and
WHEREAS, strategies that promote housing stability in Auburn may include
heightened outreach and education to tenants and landlords that make all parties aware
of aid and resources, directing available funding to agencies that can support direct
delivery of aid, and developing approaches that provide mutual benefit to tenants who are
unable to pay for housing expenses and property owners or managers who are reliant
upon revenue in order to cover their own costs; and
WHEREAS, the Auburn City Council would like to see the Auburn Mayor and City
staff develop strategies and approaches which can be implemented to address the
adverse impacts caused by the COVID-19 pandemic relating to residential rental
properties and to reduce the threats of eviction.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES as follows:
Section 1. That the Mayor is authorized to take appropriate administrative
actions necessary to implement strategies that promote housing stability in Auburn,
including, to the extent possible, incorporation of the rental re-payment concept
articulated in Proclamation 20-19.1 issued on April 16, 2020, described above.
Section 2. That the Mayor is authorized to develop and implement, on behalf of
the City, strategies and approaches that are intended to ameliorate/lessen the impacts
caused by the COVID-19 pandemic relating to residential rental properties, assisting
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Resolution No. 5524
June 1, 2020
Page 5 of 6
residential landlords and tenants to recover from such impacts, including avoiding
evictions and addressing financial obligations, within the following parameters:
A. Strategies and approaches that may provide time, aid, or resources that serve
both the residential tenant and the residential landlord that help avoid eviction
and that reasonably fulfill the financial obligations owed to the residential
landlord. It will be particularly important for the City to provide adequate
information to both tenants and landlords covering their rights and availability
of resources and assistance within the community.
B. Strategies and approaches will be designed to serve residential tenants that
are in financial arrears or where there is a deficiency in financial obligations
related to a residential tenancy, which deficiency is the result of the COVID-19
outbreak and which deficiencies occurred on or after February 29, 2020;
C. Strategies and approaches are not designed to eliminate or reduce the need to
fulfill a tenant’s obligation to pay rent rather they are to be designed to promote
reasonable re-payment plans, provide short term financial rental assistance
using partner agencies within the community,
D. Financial strategies and approaches may include the City providing direct
funding support to partner agencies, providing relief in utility or other payments
paid directly to the City, advocating for property tax relief for landowners where
payments are made to other non-Auburn governmental agencies. The Mayor
is authorized to execute, on behalf of the City any contracts related thereto.
E. Unless otherwise extended, the program would continue until the impacts of
the COVID-19 pandemic are no longer felt by the residential landlords and
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Resolution No. 5524
June 1, 2020
Page 6 of 6
tenants in Auburn, or until financial resources allocated to the program are
exhausted.
F. The Mayor shall report at least annually to the City Council on the status of the
program.
Section 3. That this Resolution shall take effect and be in full force upon
passage and signatures hereon.
Dated and Signed this _____ day of _________________, 2020.
CITY OF AUBURN
________________________________
NANCY BACKUS, MAYOR
ATTEST:
_________________________
Shawn Campbell, MMC, City Clerk
APPROVED AS TO FORM:
_________________________
Kendra Comeau, City Attorney
AGENDA BILL APPROVAL FORM
CITY COUNCIL
Agenda Subject/Title:
Resolution 5526
Date:
June 1, 2020
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
DESCRIPTION:
Resolution No. 5526 A Resolution ratifying and confirming Emergency
Proclamation 2020-06 and the Civil Order imposing curfews and extending the
term of the Curfew Order
ADMINISTRATIVE RECOMMENDATION:
Approve Resolution 5526
BACKGROUND SUMMARY:
Following the tragic death of George Floyd a number of protest, locally and across the nation
have escalated into violence and destruction of property. This has prompted affected
communities, including Auburn, to issue emergency proclamation imposing curfews under
statuary emergency authority.
Mayor Backus has issued such proclamation and curfew order. Pursuant to City Code these
need to be considered by the City Council for confirmation and ratification or amendment. This
is especially the case where a curfew is beyond an initial 48 hours is warranted.
Resolution No. 5526 is submitted for this purpose. If approved by the City Council, this
Resolution would ratify the Mayor’s Proclamation and the curfew order as amended to afford
law enforcement tools to help keep Auburn safe, in case it sees protests wanting to turn violent.
ATTACHMENTS:
1. Resolution 5526
2. Emergency Proclamation 2020-06
3. Civil Emergency Order dated May 31, 2020
4. Amending Civil Emergency Order dated June 1, 2020
RESOLUTION NO. 5526
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, RATIFYING AND CONFIRMING
EMERGENCY PROCLAMATION 2020-06 AND THE CIVIL
ORDER IMPOSING CURFEWS, AND EXTENDING THE
TERM OF THE CURFEW ORDER
WHEREAS, on May 31, 2020, the Mayor of the City Council of the City of Auburn
issued Emergency Proclamation 2020-06 declaring a civil emergency relating to looting
activities, vandalism, and destruction of property, a copy of which is attached hereto as
Exhibit A and incorporated herein by this reference; and
WHEREAS, in connection therewith, the Mayor of the City of Auburn issued a Civil
Emergency Order imposing a curfew, a copy of which is attached hereto as Exhibit B and
incorporated herein by this reference; and
WHEREAS, pursuant to Auburn City Code sections 2.75.070 and 9.04.030, the
Proclamation and Order are to be ratified by the City Council at the soonest opportunity,
and the City Council has authority to extend the Proclamation and Order for additional
time periods as deemed necessary and appropriate by resolution; and
WHEREAS, pursuant to City Code, the Proclamation would typically terminate 48
hours from issuance or upon the determination that the emergency no longer exists,
provided that the City Council may, by Resolution extend such Proclamations and Orders;
and
WHEREAS, the City Council concurs with the Proclamation issued by the Auburn
City Mayor and concurs with the need for the curfew, but determines that the emergency
Resolution No. 5526
June 1, 2020
Page 1 of 2 Rev.2019
continues to exist and the term of the emergency needs to be extended until June 6,
2020.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, RESOLVES as follows:
Section 1. Proclamation 2020-06 issued by the Auburn City Mayor on May 31,
2020, is hereby ratified and confirmed.
Section 2. The May 31, 2020, order establishing a curfew is also ratified and
confirmed, as modified in the Order attached hereto as Exhibit C, and shall continue as
stated unless otherwise hereinafter amended.
Section 3. The Mayor is authorized to implement those administrative
procedures necessary to carry out the directives of this legislation.
Section 4. This Resolution will take effect and be in full force on passage and
signatures.
Dated and Signed:
CITY OF AUBURN
NANCY BACKUS, MAYOR
ATTEST:APPROVED AS TO FORM:
Shawn Campbell, MMC, City Clerk Kendra Comeau, City Attorney
Resolution No. 5526
June 1, 2020
Page 2 of 2 Rev.2019
CITY OF
11--c
A RTIll M RicTRVNancy Backus,Mayor
WASHINGTON 25 West Main Street* Auburn WA 98001-4998*www.auburnwa.gov* 253-931-3000
EMERGENCY PROCLAMATION 2020-06
A PROCLAMATION OF CIVIL EMERGENCY
RELATED TO LOOTING ACTIVITIES, VANDALISM,
AND DESTRUCTION OF PROPERTY
WHEREAS, the Revised Code of Washington (RCW) Chapter 38.52 authorizes the
Mayor to exerciseemergency powers;and
WHEREAS, Auburn City Code Section2.75.070 empowersthe Mayor to proclaim a
state of emergency whenever riots, unlawful assembly, insurrection, or other
disturbance, including the imminent threat thereof, results in or threatens to result in,
the death or injury of persons or the destruction of property; and
WHEREAS, the killing of George Floyd by a police officer in Minneapolis on May
25, 2020, has generated anger and outrage across the United States, resulting in mass
demonstrations;
WHEREAS, the City of Auburn supports the peoples' right to lawful assembly
guaranteed by the Constitution of the United States of America and the Constitution of
the State of Washington. Due to the current State of Emergency and the Governor's
Stay Home Stay Healthy Order, the City was unable to issue a parade and/or
demonstration permits to groups who wished to lawfully assemble to voice their
Proclamation 2020-06
May 31,2020
Page 1 of 3
Exhibit "A"
opinions, and plans to escort parades and otherwise assist in the safe and lawful right
of speech and assembly; and
WHEREAS, the City regularly facilitates and supports unpermitted demonstrations
and events to ensure public safety while preserving free speech and assembly; and
WHEREAS, the City recognizes that parades and demonstrations which will travel
upon public streets and sidewalks, will disrupt and impair pedestrians, motorists and
transit, and the City recognizes that some disruption is part of the rights of free speech
and lawful assembly which the City will safeguard; and
WHEREAS, in cities across the country, including Seattle, Atlanta, Phoenix, New
York, Houston, San Jose, Los Angeles, Dallas, Portland, and Minneapolis,
demonstrations over the killing of George Floyd have turned violent and led to
property destruction, injuries to demonstrators, significant uses of force by police, and
injuries to both demonstrators and police officers; and
WHEREAS, in Detroit, MI, on May 28, 2020, a 19-year old man was killed by
gunfire at a related demonstration; and
WHEREAS, in many cities, including Seattle, Minneapolis, St. Paul, Louisville,
Milwaukee, Columbus, Atlanta, Portland, Cincinnati, and Denver declared states of
emergency and established mandatory curfews; and
WHEREAS, the National Guard has been mobilized in Minnesota, Georgia, Oregon,
and Washington; and
WHEREAS, the protests and demonstrations have also led to looting activities,
vandalism, and the destruction of property in the Seattle area and include a threat to
Proclamation 2020-06
May 31,2020
Page 2 of 3
continue such activities in Auburn; and
WHEREAS,the presence of large numbers in a limited space combined with the clear
and present, and escalating, threat of violence, presents an unacceptably high risk of
serious injury to innocent people including lawful protesters and police, as well as the
significant potential for property damage to businesses and other structures in the City
of Auburn; and
WHEREAS, these events are rapidly evolving and police responses are escalating
even during the drafting of this order and the ability of the police to effectively control
the situation is rapidly being compromised;
NOW THEREFORE I, Nancy Backus, Mayor of the City of Auburn,
Proclaim as follows:
Section 1. As authorized by ACC 2.75.070, I do hereby proclaim and
declare an emergency within the City of Auburn and said local emergency shall be
deemed to continue to exist until its termination is proclaimed by the Mayor of the
City of Auburn.
Section 2. As soon as practicable I will advise and consult with the City
Council with respect to all actions taken under the authority of this Proclamation.
Dated and signed: ryltsI lbw
CITY OF AUBURN
11 k.. :_
CY iikC US, MAYOR
Proclamation 2020-06
May 31,2020
Page 3 of 3
CITY OF AUBURN
CIVIL EMERGENCY ORDER
IMPOSING A CURFEW
WHEREAS, in my capacity as Mayor of the City of Auburn, I proclaim a civil emergency exists in
the City of Auburn a in a Proclamation of Civil Emergency dated May 31, 2020; and
WHEREAS,the acts stated in my Proclamation of Civil Emergency still exist as this Order is being
issued; and
WHEREAS, it is necessary to use extraordinary measures to protect the public health, safety
and welfare; and
WHEREAS,the civil emergency necessitates the utilization of emergency powers granted to the
Mayor pursuant to Auburn City Code Chapter 2.75 and Chapter 38.52 RCW, including the power
to enact a general curfew as set forth in Auburn City Code, Chapter 2.75;and
WHEREAS, a curfew is necessary to ensure public safety and to protect property.
NOW,THEREFORE,the undersigned Mayor of the City of Auburn, Washington hereby orders:
1. A general curfew is imposed within the City of Auburn commencing at 11:00 p.m. on
May 31, 2020. No person shall enter or remain in the public right-of-way,or in the
public parks, or at any other public place within the limits of the City of Auburn. The
general curfew shall continue until 7:00 a.m. on June 1, 2020, and shall be enforced by
the Auburn Police Department, other law enforcement agencies and the military.
2. The general curfew shall not apply to law enforcement personnel who are actively
engaging in carrying out their duties; military personnel who are actively engaged in
providing assistance to the City pursuant to the Proclamation of the Mayor; emergency
personnel and other City and government personnel who are actively engaged in
carrying out their duties; City and governmental officials with valid identification;
representatives of the media authorized in advance by the City Administrator's Office or
the Chief of Auburn Police or his designee. For purposes of this Order,the phrase
actively engaged in carrying out their duties" includes traveling to and from the
location of those duties to begin or end a work shift.
3. Any person found to have knowingly violated this Civil Emergency Order is guilty of a
gross misdemeanor for Failure to Obey the Mayor's Emergency Order, and upon
conviction may be punished by a fine or by imprisonment, or both such fine and
imprisonment pursuant to Auburn City Code 2.75.070 and 9.04.040.
Exhibit "B"
4. This Civil Emergency Order shall, at the earliest practicable time, be presented to the
City Council for ratification and confirmation, and if not so ratified and confirmed shall
be void.
Dated this 31st day of May 2020 at 10:45 p.m.
Nancy : ' s
Mayor of City of Auburn
CITY OF AUBURN
AMENDED CIVIL EMERGENCY ORDER
IMPOSING A CURFEW
WHEREAS, in my capacity as Mayor of the City of Auburn, Washington, I proclaimed a civil
emergency exists in the City of Auburn in a Proclamation of Civil Emergency dated May 31, 2020;
and
WHEREAS,the acts stated in my Proclamation of Civil Emergency still exist as this Order is being
issued; and
WHEREAS, it is necessary to use extraordinary measures to protect the public health, safety and
welfare; and
WHEREAS,the civil emergency necessitates the utilization of emergency powers granted to the
Mayor pursuant to Auburn City Code Chapter 2.75 and RCW Chapter 38.52, including the power
to enact a general curfew as set forth in Chapter 2.75 of the Auburn City Code.
WHEREAS, a curfew is necessary to ensure public safety and to protect property.
NOW,THEREFORE,the undersigned Mayor of the City of Auburn, Washington hereby orders:
1. A general curfew is imposed within the City of Auburn between the hours of at 9:00 p.m.
and 5:00 a.m. commencing on June 1, 2020, continuing until 5:00 a.m. on June 6, 2020,
with the extension beyond the initial 48 hours being subject to confirmation and
ratification by the City Council. No person shall enter or remain in the public right-of-way,
or in the public parks, or at any other public place within the limits of the City of Auburn
between the hours of 9:00 p.m. and 5:00 a.m. during the term of this general curfew,
except as provided hereinbelow. The general curfew shall be enforced by the Auburn
Police Department, other law enforcement agencies and the military.
This Order replaces and supersedes the CIVIL EMERGENCY ORDER IMPOSING A CURFEW
issues by Auburn Mayor Nancy Backus dated May 31, 2020.
2. The general curfew shall not apply to law enforcement personnel who are actively
engaging in carrying out their duties; military personnel who are actively engaged in
providing assistance to the City pursuant to the Proclamation of the Mayor; emergency
personnel and other City and government personnel who are actively engaged in carrying
out their duties; City and governmental officials with valid identification; representatives
of the media authorized in advance by the Mayor's Office or the Chief of Auburn Police
or designee. For purposes of this Order,the phrase"actively engaged in carrying out their
duties" includes traveling to and from the location of those duties to begin or end a work
shift.
Exhibit "C"
3. Any person found to have knowingly violated this Civil Emergency Order is guilty of a gross
misdemeanor for Failure to Obey the Mayor's Emergency Order,and upon conviction may
be punished by a fine or by imprisonment, or both such fine and imprisonment pursuant
to Auburn City Code 2.75.070 and 9.04.040.
4. This Civil Emergency Order shall, as amended, is being presented to the City Council for
ratification and confirmation.
Dated this 1st day of June, 2020 at 12.14 p.m.
Nancy '.kus
Mayor o7; e City of Auburn