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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 ------------------------------ 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 ------------------------------ 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