HomeMy WebLinkAbout09-13-2021 City Council Study SessionCity Council Study Session Muni
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I .C A L L TO O R D E R
I I .V I RT UA L PA RT I C I PAT I O N L I NK
A .Virtual Participation L ink
The A uburn City Council Study Session scheduled for Monday, September 13, 2021
at 5:30 p.m. will be held virtually and telephonically. To attend the meeting virtually
please click one of the below links, enter the meeting I D into the Z oom app, or call into
the meeting at the phone number listed below.
P er Governor I nslee's Emergency P roclamation 20-05 and 20-28 et. seq. and City of
A uburn Resolution No. 5581, City of A uburn has designated meeting locations as
“virtual” for all Regular, S pecial and Study Session Meetings of the City Council and for
the Committees, Boards and Commissions of the City.
The link to the Virtual Meeting or phone number to listen to the Council Meeting is:
J oin from a P C, Mac, iPad, iP hone or A ndroid device:
P lease click this UR L to join. https://us06web.zoom.us/j/83075161711
Or One tap mobile:
+12532158782,,83075161711# US (Tacoma)
Or join by phone:
253 215 8782
877 853 5257 (Toll Free)
Webinar I D: 830 7516 1711
I nternational numbers available: https://us06web.zoom.us/u/kp4e2UqmD
B .Roll Call
I I I .A NNO UNC E ME NT S , R E P O RT S , A ND P R E S E NTAT I O NS
A .I nclusive Auburn – Diversity, Equity, and I nclusion Consulting (Martinson) (30 Minutes)
Page 1 of 39
I V.A G E ND A I T E MS F O R C O UNC I L D I S C US S I O N
A .Ordinance No. 6831 (Tate) (15 Minutes)
A n Ordinance amending Chapter 2.98 of the Auburn City Code to modifying the
funding allocation of the B usiness I mprovement Area (B I A ) and to rename the
B usiness I mprovement Area Committee
B .Ordinance No. 6833 (Comeau) (5 Minutes)
A n Ordinance amending S ection 3.12.030 of the Auburn City Code regarding the
opening of Public Works Contract B ids
V.MUNI C I PA L S E RV I C E S D I S C US S I O N I T E MS
A .PA C Update (O'Neil) (30 Minutes)
B .2021 F ireworks Update (O'Neil) (30 Minutes)
V I .O T HE R D I S C US S I O N I T E MS
V I I .NE W B US I NE S S
V I I I .A D J O UR NME 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 2 of 39
AGENDA BILL APPROVAL FORM
Agenda Subject:
Inclusive Auburn – Diversity, Equity, and Inclusion Consulting
(Martinson) (30 Minutes)
Date:
September 8, 2021
Department:
Human Resources
Attachments:
DEI Cons ultant Presentation
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
Background for Motion:
Background Summary:
Presentation to highlight the work of DEI in alignment with the City of Auburn’s Mission, Vision,
Core Values, and Resolution 5427.
Rev iewed by Council Committees:
Councilmember:Staff:Candis Martinson
Meeting Date:September 13, 2021 Item Number:
Page 3 of 39
Page 4 of 39
UNDERSTANDING THE SCOPE OF WORKAddress and further the work of DEI in alignment with the City of Auburn’s Mission, Vision, Core Values, and Resolution 5427•Gap Analysis/Audit•Provide skills building that support inclusive and equitable practices that are relevant to the operations of each workgroup •Accountability measures that promote a safe and respectful workplace•Recommendations for next steps Page 5 of 39
APPROACH TO WORKProject ManagementAuditProgram StructureSustainTASK 1: Detailed workplan, communication and risk management, status reports, billingTASK 2: City staff electronic survey, interviews, and audit of policy and practices TASK 3:Implementation based on audit and gap analysis, skills building workshops, DEI racial equity decision tools, chartering DEI the team, and strategic planPage 6 of 39
TIMELINE8/2/202112/1/2022Sep-21Oct-21Nov-21Dec-21Jan-22Feb-22Mar-22Apr-22May-22Jun-22Jul-22Aug-22Sep-22Oct-22Nov-228/22/2021 - 11/19/2021TASK2: TASK2: TASK2: TASK2: Equity Audit and Policy ReviewEquity Audit and Policy ReviewEquity Audit and Policy ReviewEquity Audit and Policy ReviewPolicy Review, review of DEI program And practices, gap analysis, Survey and ResultsDeliverable: Thematic Analysis9/15/2021 - 9/26/2021TASK 1:TASK 1:TASK 1:TASK 1: Project ManagementProject ManagementProject ManagementProject ManagementDevelop workplan, communication and risk plan. Deliverable: Workplan/Project Plan9/5/2022 - 11/25/2022TASK 4: TASK 4: TASK 4: TASK 4: Final Report Final Report Final Report Final Report Review of all deliverables, launch toolkit, and Policy final approvals, and Final Report/Presentation11/1/2021 - 9/24/2022TASK 3: TASK 3: TASK 3: TASK 3: Program StructureProgram StructureProgram StructureProgram StructureLeadership assessment for readiness, Train-the-trainer workshop, Cultural Competency Workshops, HR hiring and retention, identification of best practices, development of Equity Toolkit9/15/2021KICKOFFKICKOFFKICKOFFKICKOFFPage 7 of 39
DELIVERABLES: TASK I Project Management and Communication•Detailed workplan: includes risk management, communication/coordination agreements, and operational content formats/standards. •Status reports, workplan updates, billingPage 8 of 39
DELIVERABLES: TASK 2 Equity Audit and Policy / Process Review •Relating Demographic Profile’s to Service levels •Audit of policies •City staff survey and interviews •Key Community Partner Interviews •Thematic of Survey and Outreach Page 9 of 39
DELIVERABLES: TASK ELEMENT 3 Program Structure•Pre-assessment Readiness with Leadership (Directors, Managers, and Supervisors)•Train the Trainer and champions of the program•Cultural Competency skills-building and employee engagement•Identifying and Recommending Best Practices•Developing and implementing an Equity Impact ToolkitPage 10 of 39
DELIVERABLES: TASK 4 Final Report•Engage with Council•DEI Strategic Plan •Audit Findings and Recommendations •Toolkit Launch•Approve revised/recommended policies •Final ReportPage 11 of 39
DEMARCHE CONSULTING GROUPwww.demarcheconsulting.cominfo@demarcheconsulting.com206 999 9786 P.O. Box 1081 Poulsbo, WA 98370Questions?Page 12 of 39
AGENDA BILL APPROVAL FORM
Agenda Subject:
Ordinance No. 6831 (Tate) (15 Minutes)
Date:
September 2, 2021
Department:
Community Development
Attachments:
Ordinance No. 6831
Exhibit A to Ordinance NO. 6831
Exhibit B to Ordinance NO. 6831
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
Schedule Ordinance No. 6831 for action by City Council on September 20, 2021
Background for Motion:
Background Summary:
The BIA district, committee, and rates were initially established in 1998. RCW 35.87A is the
state law that authorizes a city or business community to establish a BIA and it sets forth the
general scope and parameters for how rates are collected, how funds can be used within the
BIA district, and the requirements for a “committee of ratepayers” to be formed who are
responsible for guiding investments that are made using BIA funds.
Over the course of the last 30+ years businesses located within the BIA have paid an annual
fee that is collected with application or renewal of a business’s city business license. Rates
have been used for a variety of purposes but always within the parameters set forth in RCW
35.87A.
Ordinance 6831 seeks to shift how the BIA is funded. The reasons for proposing this shift
are described below however, it is equally important to describe what Ordinance 6831 does
not do.
Ordinance 6831 does not change the geographic boundary of the BIA. It does not change
the purpose of the BIA and how funds are to be invested within the geographic boundary of
the BIA. Funds that are overseen by the committee are to be invested will continue to be
spent in the same manner. And it does not change the structure of the committee, their
terms, membership requirements, and method of appointment.
The fundamental purpose of Ordinance 6831 is to change the method in which the BIA is
funded. Instead of collecting an annual fee from businesses within the BIA boundary,
Ordinance would eliminate the annual fee and replace it with an annual funding commitment
that is carved out of Business and Occupation Taxes. Recall that City Council adopted
Ordinance 6814 on May 17, 2021 which establishes a citywide B&O Tax and that collection of
B&O Taxes will commence in 2022. The following bullet points identify the rationale behind
this approach:
Page 13 of 39
1. Ordinance 6814 (establishing the B&O Tax under Auburn City Code Chapter 3.53)
already allows for BIA fees that are paid by a business to be deducted from their taxes.
This was included in Ordinance 6814 in order to avoid a scenario where a business is
paying both the B&O Tax and the BIA Rate.
2. Despite the above referenced B&O tax deduction, the business owner still has the
experience of paying two fees. The business owner is still likely to perceive that they
are paying both fees and being double charged.
3. Also, the bottom line amount of money that is collected by the City will be exactly the
same. For example, a business calculates it’s B&O tax to be $5,000 and their BIA rate
is $500. Therefore, the business owner can deduct the $500 BIA fee from the $5,000
B&O tax payment so that they only pay $4,500 in B&O taxes. However, in the end the
City is collecting $5,000 whether one way or another which means there is no financial
benefit to keep the BIA fee in place since the City collects the same amount of money
under either scenario. In fact, eliminating the BIA fee in favor of relying on the B&O tax
is actually simpler for the business owner since they won’t be required to think about two
separate payments that they must make and to have their accountant address the BIA
tax deduction when filing B&O taxes.
4. There are significant internal complications for keeping the BIA and B&O tax in place.
These complications will cost a relatively significant amount of money to overcome. For
example:
a. The BIA fee and the B&O tax require two separate software systems. These
systems will need to communicate with each other. This type of software
integration will cost between $50,000 and $100,000 to build out. And there may
be ongoing annual costs to maintain this integration.
b. Many businesses will pay their B&O taxes on a quarterly basis; others will pay
annually. The BIA is paid annually in one lump sum. The software integration
described above becomes more complicated if the B&O system needs to go
“find” the BIA fee that was paid in a different software system and then determine
if it is supposed to divide the BIA fee into quarters (for quarterly filers) or to pull
the full annual BIA fee into the B&O deduction.
c. BIA fees are paid with business license renewals in November and December.
B&O taxes are potentially paid quarterly which makes the first payment due in April
of a given year. The method for deducting the BIA fee will become more
complicated when having to determine if the BIA deduction applies to fees paid
last year, or fees that are anticipate to be paid this year (e.g. on April 15, 2022 is
the deduction for the BIA fee paid on December 1, 2021 or the anticipated fee
that will be due on December 1, 2022).
5. Another benefit is that the City currently expends a relatively significant amount of time
to pursue business license renewals that are delinquent. Some of these include
businesses within the BIA who have not paid their BIA payment. Since the BIA Board
relies upon payment of fees in order to fund the projects that they support, the BIA is
limited in its ability if BIA fees have not been paid. A codified budget commitment from
B&O taxes that are collected across the entire city will overcome this dynamic.
Page 14 of 39
Rev iewed by Council Committees:
Councilmember:Stearns Staff:Tate
Meeting Date:September 13, 2021 Item Number:
Page 15 of 39
-------------------------------
Ordinance No. 6831
August 30, 2021
Page 1 of 4
ORDINANCE NO. 6831
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AMENDING CHAPTER 2.98 OF
THE AUBURN CITY CODE TO MODIFY THE FUNDING
ALLOCATION OF THE BUSINESS IMPROVEMENT AREA
AND TO RENAME THE BUSINESS IMPROVEMENT AREA
COMMITTEE.
WHEREAS, the City passed Ordinance 6814 adopting a Business and Occupation
Tax (B&O Tax) on May 17, 2021; and
WHEREAS, the B&O Tax provides a funding resource for the Business
Improvement Area (BIA) and renders the separate BIA fee assessment and tax credit in
ACC 3.53.120(B) duplicative and unnecessary at this time; and
WHEREAS, there will be substantial costs and staff time to develop and implement
measures to address software integration between the two separate systems that support
BIA payments and B&O tax payments; and
WHEREAS, the necessary costs and time commitments would not result in
additional revenues; and
WHEREAS, it is less expensive, simpler and more transparent to eliminate the BIA
rate than it would be to expend the resources to address software integration; and
WHEREAS, on August 19, 2021 the BIA Committee of Ratepayers adopted
Resolution 2021-01 (Exhibit B) which is a recommendation to the Auburn City Council to
replace the BIA rate with funding from the B&O Tax; and
WHEREAS, modifications to Chapter 2.98 of the ACC remove references to the
BIA fee assessment, reflects the funding through the B&O Tax, and renames the Auburn
Committee of the Rate Payers as the BIA Committee; and
Page 16 of 39
-------------------------------
Ordinance No. 6831
August 30, 2021
Page 2 of 4
WHEREAS, the Auburn City Council continues to support the long standing
purpose, function and structure of the Committee and only seeks to change the method
in which these efforts are funded; and
WHEREAS, Chapter 2.98 of the ACC and the operation of the BIA Committee will
remain consistent with Chapter 35.87A RCW.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows:
Section 1. Amendments to Chapter 2.98 of the Auburn City Code. Sections
2.98.010, 2.98.020, and of the Auburn City Code are amended to read as shown in Exhibit A.
Section 2. Implementation. The Mayor is authorized to implement those
administrative procedures necessary to carry out the directives 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 of it to any person
or circumstance, will 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 will take effect and be in force five
days from and after its passage, approval, and publication as provided by law.
Page 17 of 39
-------------------------------
Ordinance No. 6831
August 30, 2021
Page 3 of 4
Section 4. Effective date. This Ordinance will 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
_______________________________
NANCY BACKUS, MAYOR
ATTEST: APPROVED AS TO FORM:
_____________________________ _______________________________
Shawn Campbell, MMC, City Clerk Kendra Comeau, City Attorney
Published: ____________________
Page 18 of 39
ORD 6831
EXHIBIT A
PAGE 1 of 5
ORDINANCE 6831
EXHIBIT A
Chapter 2.98
AUBURN BUSINESS IMPROVEMENT AREA
Sections:
2.98.010 Business improvement area created.
2.98.020 Special assessment of businesses within BIA boundaryFunding allocation.
2.98.030 Purpose of BIA and special assessment expenditures.
2.98.040 Committee of rate payersBIA committee created.
2.98.050 Membership.
2.98.060 Appointment.
2.98.070 Officers – Meetings.
2.98.080 Compensation.
2.98.090 Role and responsibilities of the committee.
2.98.100 Annual reports of progress.
2.98.010 Business improvement area created.
A. There is created, pursuant to Chapter 35.87A RCW, a parking and business improvement area (BIA) with
a boundary as follows:
Beginning at the intersection of Auburn Way North and 5th Street NE; thence eastward along the alley lying betw een
and paralleling 6th Street NE and Park AV, for a distance of 200 feet from the centerline of Auburn Way North;
thence south, paralleling Auburn Way North and at a distance of 200 feet from the centerline of Auburn Way North,
to 1st Street NE; thence eastward along 1st Street NE to “E” Street NE; thence southward along “E” Street NE to East
Main Street; thence eastward along Main Street to “F” Street SE; thence south - ward along “F” Street SE to 2nd
Street SE; thence westward along 2nd Street SE to the mid-block point between “D” Street SE and Auburn Way
South; thence southward to the Burlington Northern Railroad tracks; thence westward along the Burlington Northern
Railroad tracks to “A” Street SE; thence northward along “A” Street SE to 3rd Street SE; thence westward along 3rd
Street SE and SW to the Burlington Northern Railroad tracks; thence northward along the Burlington Northern Rail
road tracks to 1st Street SW projected; thence westward along 1st Street SW to “D” Street SW; thence northward
along “D” Street SW and NW for a distance of 200 feet from the centerline of West Main Street; thence eastward,
paralleling Main Street and at a distance of 200 feet from the centerline of West Main Street, to the Burlington
Northern Railroad tracks; thence northward along the Burlington Northern Railroad tracks to 3rd Street NW; thence
eastward along 3rd Street NW and NE to “B” Street NE; thence northward along “B” Street NE for a distance of 200
feet from the centerline of 3rd Street NE; thence eastward, paralleling 3rd Street NE and at a distance of 200 feet from
Page 19 of 39
ORD 6831
EXHIBIT A
PAGE 2 of 5
the centerline of 3rd Street NE, to the alley running in a north/south direction and lying east of “B” Street NE and
west of Auburn AV; thence northward along the alley to 5th Street NE; thence eastward along 5th Street NE to
Auburn Way North, which is the beginning point (when a street or alley is named, the area boundary is the centerline
of the right-of-way).
B. Businesses within the BIA may be subject to special assessments that are authorized by RCW 35.87A.010.
(Ord. 6658 § 1, 2017.)
2.98.020 Special assessment of businesses within BIA boundaryFunding allocation.
A. To finance the activities authorized in ACC 2.98.030, there is levied and shall be collected an annual
special assessment upon the businesses in the area, determined as follows: a minimum of $90,000 per year
shall be allocated to the BIA that is collected from Business and Occupation taxes established in Chapter 3.53
ACC. The final budget allocation shall be determined through the formal city budget process.
1. All businesses operating within the BIA boundary shall pay a special assessment equal to the usable
square footage, excluding any basement space, owned or occupied by said business multiplied by a factor
of $0.15.
2. No business shall be assessed less than $150.00 nor more than $1,500 per year.
B. No special assessments shall be levied upon or collected from:The BIA committee may recommend to the
Auburn City Council collection of special assessments that are allowed under Chapter 35.87A RCW.
1. Organizations to which a charitable contribution may be made under the United States Internal
Revenue Code, 26 U.S.C. 170, with five or fewer full-time employees.
2. Governmental agencies and offices.
3. Businesses that occupy or use any leasable area within the geographic boundary of the BIA for a
period of less than 20 days per year.
4. Businesses that are owned by, or are a subsidiary or affiliate of, another business entity that is subject
to the special assessment, and are located wholly within the assessed business.
5. Businesses authorized by Chapter 18.60 ACC.
6. Businesses operating within a city-sponsored business incubator or business accelerator.
7. Businesses not required to obtain a business license under ACC Title 5.
Page 20 of 39
ORD 6831
EXHIBIT A
PAGE 3 of 5
C. Special assessments for businesses that own, but do not occupy, any leasable area shall be reduced by a
pro rata amount based on the square footage leased by any other assessed business.
D. New businesses commencing within the BIA area shall pay an initial annual assessment that is prorated
based on the time remaining in the year. (Ord. 6658 § 1, 2017.)
2.98.030 Purpose of BIA and special assessment expenditures.
A. The purpose of the BIA is to aid in general economic development and neighborhood revitalization within
the BIA boundary, and to facilitate the cooperation of merchants, businesses, and residential property owners
for the benefit of trade, economic vitality, and livability.
B. Assessment expenditures are limited to the following purposes:
1. The acquisition, construction or maintenance of parking facilities for the benefit of the neighborhood
within the BIA boundary;
2. Decoration of any place within the BIA boundary;
3. Sponsorship or promotion of public events which are to take place on, or in, public places within the
BIA boundary;
4. Furnishing of music in any public place within the BIA boundary;
5. Providing professional management, planning, and promotion for the neighborhood within the BIA
boundary;
6. Providing maintenance and security for common, public spaces within the BIA boundary; or
7. Providing transportation services for the benefit of the neighborhood within the BIA boundary. (Ord.
6658 § 1, 2017.)
2.98.040 Committee of rate payersBIA committee created.
There is created an advisory committee to be known as the committee of rate payersBIA (the committee). The
purpose of the committee is to serve in an advisory capacity to the city council. (Ord. 6658 § 1, 2017.)
Page 21 of 39
ORD 6831
EXHIBIT A
PAGE 4 of 5
2.98.050 Membership.
A. There shall be not more than seven members of the committee who shall be appointed by the mayor and
confirmed by the city council, and who shall serve at the pleasure of the city council; provided, that the mayor
may appoint up to four additional members to serve as alternates in the event of a committee member’s
absence.
B. The members shall be owners or operators of businesses located within the BIA boundary and shall be
selected to represent the variety of business types and geographic locations included within the BIA boundary.
(Ord. 6658 § 1, 2017.)
2.98.060 Appointment.
A. Committee members shall be appointed to a three-year term.
B. Upon the resignation of a committee member, removal by the city council, or expiration of a committee
member’s term, the committee shall make recommendations to the city council and the city council shall make
an appointment to fill the vacancy.
C. The committee, upon four unexcused absences, may recommend the removal of any committee member to
the city council. (Ord. 6658 § 1, 2017.)
2.98.070 Officers – Meetings.
A. At the first regular meeting of each year, the committee members shall elect a chairperson and vice-
chairperson from among the members of the committee.
B. It shall be the duty of the chairperson to preside over all meetings of the committee. The vice-chairperson
shall preside at all meetings where the chairperson is absent.
C. Minutes shall be kept and meeting agendas prepared in coordination between members of the committee
and staff members. A majority of the members of the committee shall constitute a quorum for the transaction
of business, and a majority vote of those present shall be necessary to make recommendations to the city
council.
D. All committee meetings shall be staffed by city of Auburn personnel to support and assist the committee.
Page 22 of 39
ORD 6831
EXHIBIT A
PAGE 5 of 5
E. All committee meetings shall be conducted in accordance with the committee’s adopted rules for the
transaction of business, and Robert’s Rules of Order or any other meeting procedures or guidelines authorized
by the city of Auburn shall be used for any subject not addressed within the committee’s adopted rules of
procedure. (Ord. 6658 § 1, 2017.)
2.98.080 Compensation.
The members of the committee shall serve without compensation except for reasonable travel expenses
associated with the performance of the committee member’s duties. (Ord. 6658 § 1, 2017.)
2.98.090 Role and responsibilities of the committee.
A. The committee shall, by resolution, fix the time and place within the city for regular meetings, and hold
additional meetings as the chairperson or a majority of the committee deems necessary.
B. The committee shall adopt rules for the transaction of business and keep a record of its resolutions,
transactions, findings, and determinations. These records shall be public and open to inspection.
C. The committee shall consider proposals for economic development and neighborhood revitalization
projects and programs consistent with the purposes listed in ACC 2.98.030, provide for public input and
submit comments in a timely manner to the mayor and city council, including an analysis of the extent to
which the committee’s recommendations will improve economic development or downtown revitalization.
(Ord. 6658 § 1, 2017.)
2.98.100 Annual reports of progress.
The committee chairperson and/or vice-chairperson shall annually provide to the city council a report on
progress made in carrying out the committee’s responsibilities. Additional reports may be submitted when
deemed appropriate by the committee or when requested by the city council. (Ord. 6658 § 1, 2017.)
Page 23 of 39
Exhibit B to Ordinance 6831
Page 24 of 39
Page 25 of 39
AGENDA BILL APPROVAL FORM
Agenda Subject:
Ordinance No. 6833 (Comeau) (5 Minutes)
Date:
September 8, 2021
Department:
Administration
Attachments:
Ordinance No. 6833
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
Background for Motion:
For Discussion Only.
Background Summary:
To conform to current City practices that have been established during the COVID-19
pandemic and for other administrative reasons, ACC 3.12.030 should be revised to expand
the City officials authorized to conduct bid openings and the manner in which received bids
can be opened and read.
During the COVID-19 pandemic the City has conducted all bid openings virtually. This amendment
will allow the City continue that practice and for the City Clerk to designate a staff member to open
the bids.
Rev iewed by Council Committees:
Councilmember:Staff:Comeau
Meeting Date:September 13, 2021 Item Number:
Page 26 of 39
--------------------------------
Ordinance No. XXXX
September 8, 2021
Page 1 of 2 Rev. 2019
ORDINANCE NO. 6833
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AMENDING SECTION 3.12.030
OF THE AUBURN CITY CODE REGARDING THE OPENING
OF PUBLIC WORKS CONTRACT BIDS
WHEREAS, Auburn City Code (ACC) section 3.12.030 establishes the City’s
procedure for opening and reading bids received in response to formally advertised public
works contracts;
WHEREAS, to conform to current City practices that have been established
during the COVID-19 pandemic and for other administrative reasons, ACC 3.12.030
should be revised to expand the City officials authorized to conduct bid openings and
the manner in which received bids can be opened and read as required.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows:
Section 1. Amendment to City Code. Section 3.12.030 of the Auburn City
Code is amended to read as follows:
A. For contracts utilizing the formal advertisement process in ACC 3.12.020, the
City Clerk or designee shall open and publicly read aloud bids received at the
time, location and manner set forth in the contract advertisement. Unless
otherwise prohibited by law, the opening and reading may be conducted virtually.
B. For contracts subject to ACC 3.12.020.E, the city engineer shall determine
whether a public reading of received bids is required, and shall include the
determination in the invitation to bidders or request for quote documents.
Section 2. Implementation. The Mayor is authorized to implement those
administrative procedures necessary to carry out the directives of this legislation.
Page 27 of 39
--------------------------------
Ordinance No. XXXX
September 8, 2021
Page 2 of 2 Rev. 2019
Section 3. Severability. The provisions of this ordinance are declared to be
separate and severable. The invalidity of any clause, sent ence, paragraph, subdivision,
section, or portion of this ordinance, or the invalidity of the application of it to any person
or circumstance, will 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 will take effect and be in force five
days from and after its passage, approval, and publication as provided by law.
INTRODUCED: _______________
PASSED: ____________________
APPROVED: _________________
____________________________
NANCY BACKUS, MAYOR
ATTEST:
____________________________
Shawn Campbell, MMC, City Clerk
APPROVED AS TO FORM:
____________________________
Kendra Comeau, City Attorney
Published: ____________________
Page 28 of 39
AGENDA BILL APPROVAL FORM
Agenda Subject:
2021 Fireworks Update (O'Neil) (30 Minutes)
Date:
September 8, 2021
Department:
Police
Attachments:
2021 Fireworks Report
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
Background for Motion:
Background Summary:
Commander Sam Betz will present the 2021 Fireworks Report.
Rev iewed by Council Committees:
Councilmember:Jeyaraj Staff:Chief O'Neil
Meeting Date:September 13, 2021 Item Number:
Page 29 of 39
AUBURN POLICE DEPARTMENT
2021
FIREWORKS REPORT
Page 30 of 39
AUBURN POLICE DEPARTMENT
Background
In 2021, after an 18 month lockdown that prevented us from engaging with our community, the City of Auburn
worked towards a goal of building positive community relationships rather than strict enforcement of fireworks
code. Auburn PD attempted to continue a goal of “zero tolerance” when fireworks violations were committed
on City property, to include City parks. If officers were able to establish probable cause for either possession
or discharge of illegal fireworks, they were to cite the appropriate city code. If officers were unable to establish
probable cause for a particular individual, and fireworks were present, the fireworks were to be confiscated for
destruction. Officers were allowed to give verbal warnings on confiscation on the first offense when a fireworks
code was cited and an infraction was issued. Officers were instructed to not engage in any situation that would
potentially involve a use of force for a fireworks related offense where there was no immediate threat present.
Objectives
Objectives from 2020 were continued in 2021.
1. Continue efforts to improve communication and collaborative efforts with representatives from the
Muckleshoot Indian Tribe.
o Sonny Jerry was the Fireworks Commissioner in 2021. Sonny, along with Tribal Councilmember Mike
Jerry, were the primary contacts for all issues related to fireworks at the stands and discharge area.
o A meeting with Muckleshoot Tribal attorney, Joshua Reich, Commander Sam Betz, Mike Jerry and KCSO
Muckleshoot Chief Loi Dawkins occurred in early 2021 to discuss the 2021 fireworks season.
o The Tribe communicated well with the City, giving advance notice of when vendor displays would take
place. The City was able to notify citizens of the event so they could plan accordingly. The notifications
were completed by using the Auburn Police Department social media platform.
o The Tribe continued with the same hours of operation for the stands as 2020, the stands and discharge
area were open until 2200 Sunday‐Thursday and until 0000 on Friday and Saturday. The Tribe
maintained the hours of operation on July 4th to 0200 on July 5th. The Tribe continued their agreement
not to allow the discharge of fireworks at the stands after 0200 on July 5th.
o The Tribe did not notify the City of any restrictions at the stands related to COVID‐19, but the sales of
fireworks did start on June 11th, which was 8 days earlier than in 2020.
2. Continue with an active Officer presence and enforcement in the neighborhoods with proactive fireworks
patrols and response to 911 complaints of fireworks.
o Fireworks emphasis patrols started this year on June 11th and ran through July 5th. The June 11th
emphasis start date coincided with the opening date of the fireworks stands.
o APD maintained our deployment of 6 Officers and a Sergeant at the stands on July 4th.
o APD assigned one Sergeant and 6 officers to the north end of the city on July 4th between 1500 and
0100.
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AUBURN POLICE DEPARTMENT
o APD School Resource Officers were deployed to their assigned High Schools, and other
middle/elementary schools in their assigned areas.
o APD Community Response Team members, bicycle officers and the Special Operations Sergeant were
deployed on July 4th from 0600‐1600. They were tasked with clearing out any folks who were camping
in parks and ensuring compliance with community housing partners. CRT members also sent out a letter
to community housing partners in the middle of June clarifying expectations and defining rules for July
4th activities.
o APD assigned one Sergeant and 6 officers to the south end of the city on July 4th between 1500 and
0100.
o APD assigned one Sergeant and 6 officers to the City Parks on July 4th between 1500 and 0100.
o APD Traffic Officers and the Traffic Sergeant were deployed from 0600‐1600 on July 4th. The Traffic unit
worked on multiple blocking collisions and helped with traffic flow.
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AUBURN POLICE DEPARTMENT
Results
During the 2021 fireworks emphasis (excluding July 4th), 12 officers worked a total of 156 hours between
June 11th and July 5th. In 2020, 7 officers worked 63 hours between June 24th and July 5th. There were no shifts
that went unfilled.
On July 4th, 18 Officers and three Sergeants were assigned to fireworks emphasis patrols throughout the city, an
increase from 14 officers and two Sergeants in 2020. Officers worked as two man units, utilizing marked cars,
increasing visibility to the citizens. The deployment was split into 6 officer elements, supervised by 1 Sergeant
for effective command and control. Deployments were split into South End, North End and Parks.
Community Response Team Officers were deployed to clear out City parks and continue communicating with
community housing resources.
Six officers and one Sergeant were deployed to the fireworks stands for crowd control and a police presence in
the discharge area. Several thousand citizens patronized the stands throughout the day and evening. There
were no significant injuries to patrons on the evening of July 4th. There was one brush fire near the discharge
area that was believed to be related to fireworks.
There were no reported injuries to officers this year.
A request was made to APD to close the discharge area at approximately 10:00 P.M. after a brush fire occurred.
Due to the possible fire dangers, the discharge area was shut down. But it still took about 2.5 hours to entirely
shut down the discharge area and clear out the parking area.
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AUBURN POLICE DEPARTMENT
4TH OF JULY ‐ SNAPSHOT
There were a total of 171 fireworks‐related calls for service between 1100 hours on July 4th through 0800
hours on July 5th.
Calls by District:
District 1 ‐ 18
District 2 ‐ 42
District 3 ‐ 35
District 4 ‐ 23
District 5 ‐ 31
District 6 ‐ 22
The calls by district numbers for the 4th of July show that District 2 was the busiest again this year.
4TH OF JULY ‐ OVER THE YEARS
Fireworks calls for activity between 1100 on 7/4 through 0800 on 7/5 for the past five years.
2017 2018 2019 2020 2021
Calls for Service 181 154 172 163 171
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AUBURN POLICE DEPARTMENT
4TH OF JULY CALLS BY DISTRICT – OVER THE YEARS
CALLS FOR SERVICE – OTHER VALLEY AGENCIES
This chart shows Auburn in comparison to other valley cities. The numbers below represent fireworks‐related
calls for service from 1100 on 7/4 to 0800 on 7/5.
1100 on 7/4/2020 to 0800 on
7/5/2020
Kent 231
Renton 192
Auburn 171
Federal
Way 159
Tukwila 46
20
49
36
30
21
2524
34
13
30
19
34
16
45
39
25
22
25
13
49
28 28
20
25
18
42
35
23
31
22
0
10
20
30
40
50
60
Patrol District 1Patrol District 2Patrol District 3Patrol District 4Patrol District 5Patrol District 6
Firework Calls by District
2017 2018 2019 2020 2021
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AUBURN POLICE DEPARTMENT
FIREWORK SEASON – OVER THE YEARS
Calls for service, cases, and arrests over the past five years are captured below.
6/1/2017 to
7/5/2017
6/1/2018 to
7/5/2018
6/1/2019 to
7/5/2019
6/1/2020 to
7/5/2020
6/1/2021 to
7/5/2021
Fireworks Calls for Service 392 288 390 511 386
Cases Written 4 7 6 5 1
Arrests Made 2 8 6 0 0
Infractions 0 0 0 11 2
6/1/2021 to 7/5/2021
Patrol District 1 36
Patrol District 2 86
Patrol District 3 80
Patrol District 4 58
Patrol District 5 55
Patrol District 6 71
TOTAL 386
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AUBURN POLICE DEPARTMENT
MAP
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AUBURN POLICE DEPARTMENT
Confiscated Fireworks
Very few fireworks were confiscated in 2021. The mission focus was on positive community interaction and
creating positive relationships between the community and the police department. During one incident, an
officer did confiscate a few mortars from a community member. The Officer asked for the community members
identification to initiate an infraction for fireworks possession. The community member became enraged and
refused to provide identification. The Officer chose to disengage with the community member rather than
possibly engage in a confrontation that could result in physical force being used for a fireworks violation.
Community Contacts
The focus of the fireworks deployment for 2021 was positive citizen interaction and cultivating a positive
relationship with the community. Members of Auburn PD were given the order to document citizen contacts
during the course of their duties on July 4th. There were approximately 1500 citizens contacted throughout the
day and night on July 4th by members of the Auburn Police Department. These were estimates calculated by
Sergeants supervising units from Patrol, Traffic, Community Response and Fireworks Emphasis units. In addition
to fireworks calls, members of Auburn PD responded to traffic collision, felony domestic violence incidents, a
brush fire and numerous other calls for service.
The members of Auburn PD that were assigned to the stands area did a tremendous job of walking around and
interacting with community members. I have observed one positive interaction posted by a community member
on a Tik Tok account. Auburn PD members handed out around 1000 Auburn PD stickers at the stands.
Members of Auburn PD working emphasis patrols between June 11th – July 5th, had about 500 community
contacts during that period.
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AUBURN POLICE DEPARTMENT
Lessons Learned
For 2021, the department again focused on areas that had the highest volume of firework complaints in the past
and shifted emphasis enforcement to those areas as needed.
For the fifth year in a row, VRFA shared our SpecOps channel, faciliting communications between police and fire.
Cooperation with the Tribe was again excellent. Tribal representatives for the stands were in constant
communication with the police department. Tribal Councilmember Mike Jerry was a consistent point of contact
for Auburn PD.
An emphasis was placed on patrolling the parks, which reduced the amount of firework debris left behind.
There was an emphasis placed on education leading up to the 4th. Much of this was facilitated by new Public
Information Officer, Kolby Crossley. There were several social media posts made regarding legal and illegal
fireworks. This should not only continue in 2022, but be increased.
The traffic on Auburn Way South was backed up for most of the afternoon and evening due to the left turn lane
into the stands/discharge area. Working with City engineers to keep the left turn arrow on longer will potentially
increase traffic flow and mitigate the impact to the community. Scott Nutter was consulted late in the evening
and was very helpful. In 2022, Auburn PD Traffic Unit members will work 1500‐0100 to assist with traffic flow.
Auburn schools were almost completely left alone by community members with fireworks. This was a change
from 2020 and Auburn PD School Resource Officers will continue to work on July 4th.
The City parks were still a popular area for citizens to congregate and discharge fireworks. At one point, parks
enforcement units encountered 150‐200 people at Issac Evans Park and Les Gove park. Most of the community
members were cooperative, but some community members were very disruptive and refused to follow commands
by Police. Patience and negotiations were used to gain compliance with those community members. For 2022,
Auburn PD will work with parks to add more signage to the parks in addition to gaining access to keys, and training,
for activating City park watering systems to activate sprinklers as a tool to dissuade citizens from accessing the
parks after dark.
This was a unique year due to the continuing COVID‐19 pandemic and because of recent events related to law
enforcement and citizens. There was a concern that due to current anti‐Police sentiment by some citizens,
confiscating fireworks could potentially lead to an unneccesary use of force situation between Auburn Officers
and citizens of Auburn. Gladly, Auburn Police Officers working fireworks shifts on July 4th did not have to respond
to any citizens resistance while enforcing State law and City Code. The number of firework calls were consistent
with previous years despite the fact that we focused on community interactions instead of enforcement.
No official complaints were received as a result of the conduct by members of Auburn PD on July 4th.
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