HomeMy WebLinkAbout03-23-2020 SPECIAL CITY COUNCIL AGENDASpecial City Council Meeting
March 23, 2020 - 5:00 P M
Virtual and City Hall Council Chambers
A GE NDA
I .C AL L T O O RD E R
A .Roll Call
I I .Virtual Participation
A .Virtual Participation
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public is highly encouraged to attend the meeting by clicking on the link or calling into
the meeting at the phone number listed below.
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Meeting I D: 420 306 048
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I I I .ANNO UNC E M E NT S, P RO C L AM AT IO NS, AND P RE S E NTAT I O NS
A .Mayor Backus to proclaim an emergency related to C O V I D-19
and the City's commitment to provide a continuing response
I V.O RD INANC E S
A .Ordinance No. 6767 (T homas)
A n Ordinance temporarily waiving late fees for utility accounts and airport fees,
superseding certain sections of A uburn City Code requiring payment of such late fees
as set forth in A C C 12.56.045; 13.06.300; 13.06.511; 13.20.390; and 13.48.120, in
light of a declared Public Health E mergency Related To C O V I D-19
(RECOM M ENDED ACTION: City Council adopt Ordinance No. 6767.)
Page 1 of 28
V.RE S O L UT IO NS
A .Resolution No. 5506 (Thomas)
A Resolution ratifying E mergency Proclamation 2020-03 establishing a temporary
moratorium on residential tenant late fees related to late payments
(RECOM M ENDED ACTION: City Council adopt Resolution No. 5506.)
B .Resolution No. 5507 (Martinson)
A Resolution confirming the Appointment of K endra Comeau as the City A ttorney for
the City of A uburn
(RECOM M ENDED ACTION: City Council adopt Resolution No. 5507.)
C.Resolution No. 5508 (Thomas)
A Resolution ratifying E mergency Proclamation 2020-04 establishing a temporary
moratorium on commercial evictions
(RECOM M ENDED ACTION: City Council adopt Resolution No. 5508.)
V I .AD J O URNM E NT
Agendas and minutes are available to the public at the City Clerk's Office, on the City website
(http://www.auburnwa.gov), and via e-mail. Complete agenda packets are available for review
at the City Clerk's Office.
Page 2 of 28
AGENDA BILL APPROVAL FORM
Agenda Subject:
Virtual Participation Link
Date:
March 18, 2020
Department:
Administration
Attachments:
No Attachments Av ailable
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
Background Summary:
Rev iewed by Council Committees:
Councilmember:Staff:
Meeting Date:March 23, 2020 Item Number:CO.A
Page 3 of 28
AGENDA BILL APPROVAL FORM
Agenda Subject:
Mayor Backus to proclaim an emergency related to COVID-19
and the City's commitment to provide a continuing response
Date:
March 20, 2020
Department:
Administration
Attachments:
2020-05 Emergency Proclamation
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
Background Summary:
On February 29, 2020, the Governor of the State of Washington proclaimed a State of
Emergency due to COVID-19. On March 5, 2020, Mayor Backus issued the City of Auburn
Proclamation, which proclaimed an emergency due to COVID-19. On March 18, 2020, Mayor
Backus issued the City of Auburn Proclamation of Emergency and Temporary Moratorium on
Residential Late Payment Fees and Supporting Governor Inslee’s March 18, 2020, Order
Providing Additional Assistance and Protection for Residential Tenants. On March 19,
2020, Mayor Backus signed the City of Auburn Proclamation of Emergency and Temporary
Moratorium on Commercial Evictions.
In addition to the public health and safety issues related to the spread infection, the economic
impacts of COVID-19 are significant and threaten to undermine the stability of City of Auburn
residents and businesses.
Rev iewed by Council Committees:
Councilmember:Staff:
Meeting Date:March 23, 2020 Item Number:AN.1
Page 4 of 28
CITY OF
AUBURN Nancy Backus, Mayor
WASHINGTON 25 West Main Street * Auburn WA 98001-4998 * www.auburnwa.gov * 253-931-3000
EMERGENCY PROCLAMATION 2020-05
A PROCLAMATION OF EMERGENCY RELATED TO
COVID-19 AND THE CITY'S COMMITMENT TO
PROVIDE A CONTINUING RESPONSE
WHEREAS, on February 29, 2020, the Governor of the State of Washington
proclaimed a State of Emergency due to COVID-19;
WHEREAS, on March 5, 2020, I issued the City of Auburn Proclamation, which
proclaimed an emergency due to COVID-19;
WHEREAS, on March 18, 2020, I issued the City of Auburn Proclamation of
Emergency and Temporary Moratorium on Residential Late Payment Fees and
Supporting Governor Inslee's March 18, 2020, Order Providing Additional Assistance
and Protection for Residential Tenants;
WHEREAS, on March 20, 2020, I signed the City of Auburn Proclamation of
Emergency,and Temporary Moratorium on Commercial Evictions;
WHEREAS, in addition to the public health and safety issues related to the spread
infection, the economic impacts of COVID-19 are significant and threaten to undermine
the stability of City of Auburn residents and businesses;
Proclamation 2020-05
March 20,2020
Page 1 of 3
Page 5 of 28
NOW THEREFORE I, Nancy Backus, Mayor of the City of Auburn, Proclaim
as follows:
Section 1. As authorized by ACC 2.75.090, I hereby direct City staff to
identify opportunities to assist Auburn residents, small businesses, tenants, and other
people in Auburn affected by COVID-19. Such opportunities may include reallocation of
funding, additional programs, modifying existing City policies and procedures, and
amending certain City codes on an interim basis to better serve the City during this time.
Section 2. As authorized by ACC 2.75.090, I hereby direct City staff to
authorize the use of payment plans associated with utility billing for customers
experiencing hardships related to COVID-19.
Section 3. As authorized by ACC 2.75.090, I hereby direct City staff to
authorize the use of payment plans for other City services, when appropriate in the City
Director's discretion, and to allow for the extension of deadlines faced by City customers
that are established under City code and not otherwise mandated by State or Federal law.
Section 4. As authorized by ACC 2.75.090, I hereby direct City staff to waive
charges for commercial properties requesting temporary shut offs for water utilities, in an
effort to avoid monthly base fees for water, sewer, and solid waste when there is to zero
consumption, and in recognition of the economic hardships related to COVID-19.
Section 5. I hereby ask that the City Council also identify opportunities to
assist Auburn residents, small businesses, tenants, and other people in Auburn affected by
COVID-19. Such opportunities may include reallocation of funding, additional
Proclamation 2020-05
March 20,2020
Page 2 of 3
Page 6 of 28
programs, modifying existing City policies and procedures, and amending certain City
codes on an interim basis to better serve the City during this time.
Section 6. 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:3 2.0
CITY OF AUBURN
ANCY :
A
US, MAYOR
Proclamation 2020-05
March 20,2020
Page 3 of 3
Page 7 of 28
AGENDA BILL APPROVAL FORM
Agenda Subject:
Ordinance No. 6767 (Thomas)
Date:
March 19, 2020
Department:
Finance
Attachments:
Ordinance No. 6767
Budget Impact:
Administrativ e Recommendation:
City Council to adopt Ordinance No. 6767.
Background Summary:
In light of the severe economic impact COVID-19 is expected to have on Auburn’s residents
and businesses, the City is proposing a temporary suspension of water utility shut offs, as
well as the waiver for certain late fees and charges. In many cases, the City has
administrative procedures in place for late fees and assessments for various City services,
and in these cases the fees will be waived via administrative action. However, late fees for
water, sewer, and airport services are codified in Auburn Municipal Code. This ordinance will
temporarily supersede sections of the Auburn Municipal Code which requires water shut offs
for delinquent utility accounts and late fees assessed on delinquent water, sewer, and airport
consumption/usage. These sections will be waived until the earlier of: (a) termination of the
civil emergency proclaimed by the Mayor on March 5, 2020; or (b) June 30, 2020.
Rev iewed by Council Committees:
Councilmember:Staff:Thomas
Meeting Date:March 23, 2020 Item Number:ORD.A
Page 8 of 28
--------------------------------
Ordinance No. 6767
March 18, 2020
Page 1 of 4 Rev. 2019
ORDINANCE NO. 6767
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, TEMPORARILY WAIVING LATE
FEES FOR UTILITY ACCOUNTS AND AIRPORT FEES,
SUPERSEDING CERTAIN SECTIONS OF AUBURN CITY
CODE REQUIRING PAYMENT OF SUCH LATE FEES AS
SET FORTH IN ACC 12.56.045; 13.06.300; 13.06.511;
13.20.390; AND 13.48.120, IN LIGHT OF A DECLARED
PUBLIC HEALTH EMERGENCY RELATED TO COVID-19.
WHEREAS, the World Health Organization has announced novel coronavirus
(COVID-19) is officially a global pandemic;
WHEREAS, on January 31, 2020, the United States Department of Health and
Human Services Secretary Alex Azar declared a public health emergency because of
COVID-19;
WHEREAS, the Washington Governor declared a State of Emergency due to new
cases of COVID-19;
WHEREAS, on March 5, 2020, the Mayor proclaimed a local emergency due to
growing public health impacts of COVID-19, which the Auburn City Council ratified by
Resolution No. 5504;
WHEREAS, the COVID-19 outbreak presents an extreme risk of person-to-person
transmission of the virus and public health experts worldwide advise the best way to
prevent transmission of the virus is to prevent infected people from coming in close
contact with healthy persons;
WHEREAS, following recommended public health best practices, including social
distancing, which is critical to mitigate the spread of COVID-19, is also having significant
negative economic effects on the national, regional, and local economy, in particular small
Page 9 of 28
--------------------------------
Ordinance No. 6767
March 18, 2020
Page 2 of 4 Rev. 2019
businesses and workers in the Auburn-area who cannot work remotely and may not
receive full wages during this time;
WHEREAS, utility bills combined with the public health emergency for COVID-19
will inherently have a disproportionate negative impact on low-wage workers, individuals
on fixed incomes, non-profit organizations and small businesses, inhibiting their ability to
pay utility bills before the due date;
WHEREAS, temporarily waiving the charging of late fees on delinquent bill
balances as soon as possible, for utility bills and airport fees, is necessary both to help
ease the negative impact on low-wage workers, individuals on fixed incomes, non-profit
organizations and small businesses and to reduce the frequency of in-person bill payment
during the emergency;
WHEREAS, the Auburn City Code (“ACC”) includes several provisions requiring
late fees on delinquent utility consumption and utilization charges;
WHEREAS, the ACC and the adopted City of Auburn Fee Schedule includes
provisions requiring late fees on delinquent airport payments; and
WHEREAS, as part of its continued efforts to respond to the emergency and
provide assistance to its customers, the City has determined it is appropriate to
temporarily waive imposition or collection of late fees and penalties assessed against
users of the City’s utility systems and municipal airport.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows:
Section 1. The imposition and collection of late fees assessed against users of
the City of Auburn’s utility systems and municipal airport are waived until the earlier of:
Page 10 of 28
--------------------------------
Ordinance No. 6767
March 18, 2020
Page 3 of 4 Rev. 2019
(a) termination of the civil emergency proclaimed by the Mayor on March 5, 2020; or (b)
June 30, 2020.
Section 2. To the extent the following sections or subsections of the ACC that
authorize or require the collection of late fees and penalties on delinquent utility customer
consumption, utilization charges, or airport fees, are inconsistent with Section 1 of this
Ordinance, those sections are superseded and waived during the time period stated in
Section 1:
12.46.045 (Airport tiedown, Hangar, and Storage Rental Fees)
13.06.290 (Water-Service Charges-Nonpayment Action)
13.06.300 (Water-Service Charges-Payment and Delinquency)
13.06.511 (Fees, Service Charges, Fines, Penalties and Damage)
13.20.390 (Sewage Conveyance and Disposal Service Charge-Payment Dates-
Payment Delinquency)
13.48.120 (Sewers-Billing and Collection)
City of Auburn Fee Schedule (B)(9) (Engineering and Public Works Fees, Other
Utility Fees)-Delinquent shut off, late charge, delinquent meter pull; (D)(1) (Auburn
Municipal Airport Fees, Lease Fees)-Late payments and delinquency fee.
Section 3. The Mayor is authorized to waive late fees both in the code and set
forth in the City of Auburn Fee Schedule consistent with ACC 2.03.030.
Section 4. Implementation. The Mayor is authorized to implement those
administrative procedures necessary to carry out the directives of this legislation.
Section 5. 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
Page 11 of 28
--------------------------------
Ordinance No. 6767
March 18, 2020
Page 4 of 4 Rev. 2019
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 6. 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 12 of 28
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 5506 (Thomas)
Date:
March 18, 2020
Department:
Finance
Attachments:
Res olution No. 5506
2020-03 Emergency Proclamation
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
City Council to adopt Resolution No. 5506.
Background Summary:
The outbreak of the novel coronavirus (C O V I D-19), and its rapid progression in Washington
state continues to threaten life and health of people as well as the economy.
Governor I nslee recently expanded protections f or residential tenants in Washington through
a statewide moratorium on evictions of residential tenants for the next 30 days.
On March 18, 2020, the Mayor issued Emergency P roclamation 2020-03 establishing a 30-
day moratorium on residential tenant late f ees related to delinquent payments and supporting
Governor I nslee’s March 18, order providing additional assistant and protections for
residential tenants.
A C C 2.75.070 provides that any proclamation by the Mayor shall at the earliest practicable
time be presented to the C ity C ouncil for ratif ication and confirmation, modification, or
rejection.
Rev iewed by Council Committees:
Councilmember:Staff:Thomas
Meeting Date:March 23, 2020 Item Number:RES.A
Page 13 of 28
--------------------------------
Resolution No. 5506
March 19, 2020
Page 1 of 2 Rev. 2019
RESOLUTION NO. 5506
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, RATIFYING EMERGENCY
PROCLAMATION 2020-03 ESTABLISHING A TEMPORARY
MORATORIUM ON RESIDENTIAL TENANT LATE FEES
RELATED TO LATE PAYMENTS
WHEREAS, the outbreak of the novel coronavirus (COVID-19), and its rapid
progression in Washington state continues to threaten life and health of people as well
as the economy; and
WHEREAS, on March 18, 2020, Governor Inslee expanded protections for
residential tenants in Washington through a statewide moratorium on evictions of
residential tenants for the next 30 days: prohibiting residential landlords from serving a
notice of unlawful detainer for default payment of rent and from issuing a 20-day notice
for unlawful detainer, unless the landlord attaches an affidavit attesting that the action is
believed necessary to ensure the health and safety of the tenant or other individuals; and
WHEREAS, on March 18, 2020, the Mayor issued Emergency Proclamation 2020-
03 establishing a 30-day moratorium on residential tenant late fees related to delinquent
payments and supporting Governor Inslee’s March 18, Order providing additional
assistant and protections for residential tenants; and
WHEREAS, ACC 2.75.070 provides that any proclamation by the Mayor shall at
the earliest practicable time be presented to the city council for ratification and
confirmation, modification, or rejection.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, RESOLVES as follows:
Page 14 of 28
--------------------------------
Resolution No. 5506
March 19, 2020
Page 2 of 2 Rev. 2019
Section 1. The City Council ratifies the Mayor’s Emergency Proclamation 2020-
03 establishing a 30-day temporary moratorium restricting a landlord or owner of a
residential housing unit from requiring payment of late fees or charges due to delinquent
payment of rent. All residential tenant late fees and charges shall be waived during the
temporary moratorium.
Section 2. The City Council also recognizes and supports Governor Inslee’s
Order expanding protections for residential tenants in Washington through a statewide
moratorium on evictions of residential tenants for the next 30 days and finds that it is in
the best interest of the people in the City of Auburn.
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:
____________________________
Shawn Campbell, MMC, City Clerk
APPROVED AS TO FORM:
____________________________
Kendra Comeau, City Attorney
Page 15 of 28
* -*
. �luTYO�ul:),(J========= _OJ .I:) Rl. � Nancy Backus, Mayor
WASHINGTON 25WestMainStreet * AuburnWA98001-4998 * www.auburnwa.gov * 253-931-3000
EMERGENCY PROCLAMATION 12020-03
A PROCLAMATION OF EMERGENCY AND
TEMPORARY MORATORIUM ON RESIDENTIAL
TENANT LA TE PAYMENT FEES AND SUPPORTING
GOVERNOR INSLEE'S MARCH 18, 2020, ORDER
PROVIDING ADDITIONAL ASSISTANCE AND
PROTECTIONS FOR RESIDENTIAL TENANTS
WHEREAS, the outbreak of the novel coronavirus (COVID-19), and its rapid
progression in Washington state continues to threaten life and health of people as well as
the economy;
WHEREAS, on February 29, 2020, the Governor of the State of Washington
proclaimed a State of Emergency due to COVID-19;
WHEREAS, on March 5, 2020, the City Mayor issued the City of Auburn
Proclamation, which proclaimed an emergency due to COVID-19;
WHEREAS, on March 11, 2020, the World Health Organization classified the
global spread of COVID-19 as a pandemic, and urged all governments to take action now
to stem the spread of the disease;
WHEREAS, on March 11, 2020, the Governor issued the "Proclamation By The
Governor Amending Proclamations 20-05, 20-06, and 20-07" (Proclamation 20-08),
which found that COVID-19 spreads easily from person to person and may result in
Proclamation 2020-03
March 18, 2020
Page I of4 Page 16 of 28
Page 17 of 28
Page 18 of 28
Page 19 of 28
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 5507 (Martinson)
Date:
March 19, 2020
Department:
Human Resources
Attachments:
Res olution No. 5507
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
City Council to adopt Resolution No. 5507.
Background Summary:
Rev iewed by Council Committees:
Councilmember:Staff:Martinson
Meeting Date:March 23, 2020 Item Number:RES.B
Page 20 of 28
--------------------------------
Resolution No. 5507
March 19, 2020
Page 1 of 2 Rev. 2019
RESOLUTION NO. 5507
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, CONFIRMING THE
APPOINTMENT OF KENDRA COMEAU AS CITY
ATTORNEY FOR THE CITY OF AUBURN, WASHINGTON
WHEREAS, pursuant to Section 2.03.040, Paragraph C, of the City Code the
appointment or termination of the City Attorney shall be subject of confirmation by a
majority of the members of the City Council, and
WHEREAS, with the retirement of Steven L. Gross from his position of City
Attorney for the City of Auburn, the City sought qualified applicants for the replacement of
this position; and
WHEREAS, as a result of the City's recruitment efforts, the Mayor has selected
Auburn Interim City Attorney, Kendra Comeau as the next City Attorney for the City of
Auburn.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES AS FOLLOWS:
Section 1. Confirmation. The appointment of Kendra Comeau as City Attorney
for the City of Auburn is hereby confirmed.
Section 2. Implementation. The Mayor of the City of Auburn is hereby
authorized to implement such administrative procedures as may be necessary to
carry out the directions of this resolution.
Page 21 of 28
--------------------------------
Resolution No. 5507
March 19, 2020
Page 2 of 2 Rev. 2019
Section 3. This Resolution will take effect and be in full force on passage and
signatures.
Dated and Signed: ____________________
CITY OF AUBURN
____________________________
NANCY BACKUS, MAYOR
ATTEST:
____________________________
Shawn Campbell, MMC, City Clerk
APPROVED AS TO FORM:
____________________________
Kendra Comeau, City Attorney
Page 22 of 28
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 5508 (Thomas)
Date:
March 20, 2020
Department:
Finance
Attachments:
Res olution No. 5508
2020-04 Emergency Proclamation
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
City Council to adopt Resolution No. 5508.
Background Summary:
The outbreak of the novel coronavirus (COVID-19), and its rapid progression in Washington
State continues to threaten life and health of people as well as the economy. On March 20,
2020, the Mayor issued Emergency Proclamation 2020-04 establishing a 30-day moratorium
on commercial evictions.
ACC 2.75.070 provides that any proclamation by the mayor shall at the earliest practicable
time be presented to the city council for ratification and confirmation, modification, or
rejection.
Rev iewed by Council Committees:
Councilmember:Staff:Thomas
Meeting Date:March 23, 2020 Item Number:RES.C
Page 23 of 28
--------------------------------
Resolution No. 5508
March 19, 2020
Page 1 of 2 Rev. 2019
RESOLUTION NO. 5508
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, RATIFYING EMERGENCY
PROCLAMATION 2020-04 ESTABLISHING A TEMPORARY
MORATORIUM ON COMMERCIAL EVICTIONS
WHEREAS, the outbreak of the novel coronavirus (COVID-19), and its rapid
progression in Washington state continues to threaten life and health of people as well
as the economy; and
WHEREAS, on March 20, 2020, the Mayor issued Emergency Proclamation 2020-
04 establishing a 30-day moratorium on commercial evictions; and
WHEREAS, ACC 2.75.070 provides that any proclamation by the mayor shall at
the earliest practicable time be presented to the city council for ratification and
confirmation, modification, or rejection.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, RESOLVES as follows:
Section 1. The City Council ratifies the Mayor’s Emergency Proclamation 2020-
04 establishing a 30-day temporary moratorium on commercial tenant evictions as follow:
No landlord or commercial property owner shall evict a commercial tenant in the
City of Auburn during this local emergency period if the tenant provides one week
notice to the landlord or commercial property owner before payment is due that
the tenant is unable to pay rent due to circumstances related to the COVID-19
pandemic. Within one week of the tenant’s notice, the tenant must provide the
landlord or commercial property owner with documentation supporting the
tenant’s inability to pay rent due to circumstances related to the COVID-19
pandemic.
These circumstances include loss of business income due to a COVID-19 related
workplace closure, child care expenditures due to school closures, health care
expenses related to being ill with COVID-19 or caring for a member of the
tenant’s household who is ill with COVID-19, or reasonable expenditures that
stem from government-ordered emergency measures.
Page 24 of 28
--------------------------------
Resolution No. 5508
March 19, 2020
Page 2 of 2 Rev. 2019
No landlord or commercial property owner shall require payment of late fees due
Delinquent payment of rent during this temporary moratorium. All commercial tenant late
fees and charges shall be waived during the temporary moratorium.
Section 2. The City Council also asks Governor Inslee to expand protections for
commercial tenants in Washington through as it is in the best interest of the people in the
City of Auburn.
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:
____________________________
Shawn Campbell, MMC, City Clerk
APPROVED AS TO FORM:
____________________________
Kendra Comeau, City Attorney
Page 25 of 28
CITY or
j.\j_JJIJJ? .4 Nancy Backus, Mayor
WASH I N GTO N 25 West Main Street * Auburn WA 98001-4998 * www.auburnwa.gov * 253-931-3000
EMERGENCY PROCLAMATION 2020-04
A PROCLAMATION OF EMERGENCY AND
TEMPORARY MORATORIUM ON COMMERCIAL
EVICTIONS
WHEREAS, on February 29, 2020, the Governor of the State of Washington
proclaimed a State of Emergency due to COVID-19;
WHEREAS, on March 5, 2020, the City Mayor issued the City of Auburn
Proclamation, which proclaimed an emergency due to COVID-19;
WHEREAS, despite sustained efforts, the virus remains a threat, and further
efforts to control the spread of the virus to reduce and minimize the risk of infection and
mitigate the effects of COVID-19 are needed;
WHEREAS, in addition to the public health and safety issues related to the spread
infection, the economic impacts of COVID-19 are significant and threaten to undermine
the stability of City of Auburn businesses;
WHEREAS, allowing commercial tenants to decide whether or how to remain
open based on public health concerns, rather than economic pressures, or to mitigate the
economic impacts of COVID-19, is conducive to public health and safety;
WHEREAS, the Mayor finds that pursuant to RCW 38.52.070, it is in the public
interest to protect the health and safety of persons and property and to provide emergency
Proclamation 2020-04
March 20,2020
Page 1 of 3 Page 26 of 28
assistance to the victims of the public health emergency to establish a 30-day moratorium
on commercial tenant evictions;
WHEREAS, the Mayor has determined that it is necessary for the City to take
actions authorized under Chapter 2.75 (Emergency Preparedness) of the Auburn City
Code ("ACC") and Chapter 38.52 (Emergency Management) of the Revised Code of
Washington ("RCW") including, but not limited to, the definitions in RCW 38.52.010,
the authorizations in RCW 38.52.070 and RCW 38.52.110, the liability, immunity, and
indemnification provisions of RCW 38.52.180, et. seq.
NOW THEREFORE I, Nancy Backus, Mayor of the City of Auburn, Proclaim
as follows:
Section 1. As authorized by ACC 2.75.090, I hereby make, issue, and adopt
the following emergency rule, which shall be in place for 30 days consistent with a
temporary moratorium:
No landlord or commercial property owner shall evict a commercial tenant in the
City of Auburn during this local emergency period if the tenant provides one
week notice to the landlord or commercial property owner before payment is due
that the tenant is unable to pay rent due to circumstances related to the COVID-19
pandemic. Within one week of the tenant's notice, the tenant must provide the
landlord or commercial property owner with documentation supporting the
tenant's inability to pay rent due to circumstances related to the COVID-19
pandemic.
These circumstances include loss of business income due to a COVID-19 related
workplace closure, child care expenditures due to school closures, health care
expenses related to being ill with COVID-19 or caring for a member of the
tenant's household who is ill with COVID-19, or reasonable expenditures that
stem from government-ordered emergency measures.
No landlord or commercial property owner shall require payment of late fees due
Delinquent payment of rent during this temporary moratorium. All commercial
tenant late fees and charges shall be waived during the temporary moratorium.
Proclamation 2020-04
March 20,2020
Page 2 of 3 Page 27 of 28
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.
Section 3. This Proclamation will take effect on my signature, and will
remain in effect for 30 calendar days.
Dated and signed: 3 ' 200 ' 24
CITY OF AUBURN
1 •
ANCY US, MAYO'
Proclamation 2020-04
March 20,2020
Page 3 of 3
Page 28 of 28