HomeMy WebLinkAbout07-20-2020 CITY COUNCIL AGENDACity Council Meeting
J uly 20, 2020 - 7:00 P M
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I .C AL L T O O RD E R
I I .Virtual P articipation L ink
1.Virtual Participation L ink
T he A uburn City Council Meeting scheduled for Monday, J uly 20, 2020 at 7:00
p.m. will be held virtually and telephonically. To attend the meeting virtually please
click the link or enter the meeting I D into the Z oom app or call into the meeting at
the phone number listed below.
P er the Governor's E mergency P roclamation 20-28, the City of Auburn is
prohibited from holding an in-person meeting at this time.
City of Auburn R esolution No. 5533, designates City of A uburn meeting locations
f or all C ouncil, B oard and C ommission meetings as virtual.
A ll meetings will be held virtually and telephonically until K ing C ounty enters into
P hase 3 of Governor I nslee’s S af e S tart — Washington’s Phased Reopening
plan.
T he link to the Virtual Meeting or phone number to listen to the Council Meeting is:
J oin from a P C, Mac, iP ad, iP hone or Android device:
P lease click this UR L to join. https://zoom.us/j/99744107347
O r join by phone:
253 215 8782
877 853 5257 (Toll F ree)
Webinar I D : 997 4410 7347
A.P ledge of Allegiance
B.Roll Call
I I I .AG E ND A M O D I F IC AT I O NS
I V.NE W B US INE S S
Page 1 of 69
V.C I T I ZE N INP UT, P UB L I C HE ARI NG S AND C O RRE S P O ND E NC E
A.P ublic Hearings
1.P ublic Hearing for Ordinance No. 6775 (Gaub)
A P ublic Hearing to consider F ranchise Agreement No. F R N20-0002 f or P uget
S ound Energy
A ny interested person is invited to submit written comments voicing approval or
disapproval on the proposed F ranchise Agreement to the Auburn Public Works
Department, Attn: A mber Price, 25 West Main S treet, A uburn, W A 98001-4998
or f ax to (253) 931-3053 or emailed to aprice@auburnwa.gov
B.Audience P articipation
Thi s i s the place on the agenda where the public is invited to speak to the City
Counci l on any issue.
1.Virtual Participation
P articipants can submit written comments via mail, fax or email. A ll written
comments must be received prior to 7:00 p.m. on the day of the scheduled
meeting and must be 350 words or less.
P lease mail comments to:
City of Auburn
A ttn: S hawn Campbell, C ity C lerk
25 W Main St A uburn, W A 98001
P lease fax comments to:
A ttn: S hawn Campbell, C ity C lerk
F ax number: 253-804-3116
E mail comments to:
scampbell@auburnwa.gov
C .C orrespondence - (T here is no correspondence for Council review.)
V I .C O UNC IL AD HO C C O M M IT T E E RE P O RT S
C ouncil Ad Hoc C ommittee Chairs may report on the status of their ad hoc Council
C ommittees' progress on assigned tasks and may give their recommendation to the
C ity Council, if any.
1.F inance A d Hoc Committee (Chair B aggett)
V I I .C O NS E NT AG E ND A
All matters l isted on the Consent Agenda are considered by the City Council to be
routine and wi ll be enacted by one moti on in the form listed.
A.Minutes of the J une 29, 2020 and J uly 13, 2020 S tudy
S ession
Page 2 of 69
B.Minutes of the J uly 6, 2020 R egular C ouncil Meeting
C .C laim Vouchers (T homas)
C laim voucher list dated J uly 20th, 2020 which includes voucher numbers 459288
through 459515 in the amount of $5,160,715.37 and four wire transf ers in the amount
of $380,843.52
D .P ayroll Vouchers (Thomas)
P ayroll check numbers 538943 through 538950 in the amount of $223,180.00 and
electronic deposit transmissions in the amount of $1,934,179.37 f or a grand total of
$2,003,183.37 for the period covering J une 30, 2020 to J uly 14, 2020
E.P ublic Works Project No. C P 1904 (Gaub)
C ity C ouncil to approve an increase of $72,200.00 in the total maximum authorized
contract amount f or P ublic Works C ontract No. 20-03: Construction P roject No.
C P 1904, Auburn Way North P reservation P roject P hase 3
F.P ublic Works Project No. C P 1925 (Gaub)
C ity C ouncil to approve an increase of $70,000.00 in the total maximum authorized
contract amount f or P ublic Works C ontract No. 20-07: Construction of P roject No.
C P 1925, L ocal S treet R econstruction and Preservation P roject
(RE C O M M E ND E D AC T IO N: M ove to approve the C onsent Agenda.)
V I I I .UNF I NI S HE D B US I NE S S
I X.O RD I NANC E S
A.Ordinance No. 6779 (Tate)
A n O rdinance amending Chapter 18.68 of the Auburn City Code (A C C) relating to
amending the text of Title 18 'Z oning' and zoning map changes
(RE C O M M E ND E D AC T IO N: M ove to adopt Ordinance No. 6779.)
B.Ordinance No. 6780 (Tate)
A n O rdinance creating Chapter 5.24 of the C ity C ode regarding a C ity of A uburn
R ental Housing P olicy
(RE C O M M E ND E D AC T IO N: M ove to adopt Ordinance No. 6780.)
X .M AY O R AND C O UNC I L M E M B E R RE P O RT S
At this ti me the Mayor and City Council may report on significant i tems associated with
their appoi nted positions on federal, state, regional and local organi zations.
A.Fr om the Council
B.Fr om the M ayor
X 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 revi ew
Page 3 of 69
at the City Clerk's Office.
Page 4 of 69
AGENDA BILL APPROVAL FORM
Agenda Subject:
Public Hearing f or Ordinance No. 6775 (Gaub)
Date:
July 14, 2020
Department:
Public Works
Attachments:
Draft Ordinance No. 6775 Franchis e Agreement
No. FRN20-0002
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
City Council to hold a public hearing in consideration of Franchise Agreement No. FRN20-
0002 for Puget Sound Energy.
Background Summary:
Section 20.06.030 of the Auburn City Code requires the City to hold a public hearing before
deciding to approve or reject a franchise application. Franchise Agreement No. FRN20-0002
f or Puget Sound Energy will allow it to continue to operate electrical transmission and
distribution facilities within the City’s rights-of-way.
The date of the public hearing was set by consent on July 6, 2020.
Rev iewed by Council Committees:
Councilmember:Staff:Gaub
Meeting Date:July 20, 2020 Item Numb er:PH.1
Page 5 of 69
Ordinance No. 6775
Franchise Agreement No. FRN20-0002
May 27, 2020
Page 1 of 20
ORDINANCE NO. 6775
AN ORDINANCE granting Puget Sound Energy, Inc., a Washington corporation,
its successors and assigns, the right, privilege, authority and franchise to set, erect,
lay, construct, extend, support, attach, connect, maintain, repair, replace, enlarge,
operate and use Facilities in, upon, over, under, along, across and through the
Franchise Area to provide for the transmission, distribution and sale of electric
energy for power, heat and light, and any other purposes for which electric energy
may be used.
WHEREAS, the City Council of the City of Auburn finds that the general public health,
safety, welfare, necessity and convenience require Facilities to provide for transmission,
distribution and sale of energy for power, heat, and light, and other purposes for which energy may
be used, be constructed, maintained and repaired in an orderly manner when those Facilities are
located in, under, on or along City rights-of-way.
THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN AS
FOLLOWS:
Section 1. Definitions.
1.1 Where used in this franchise (the "Franchise") the following terms shall mean:
1.1.1 "PSE" means Puget Sound Energy, Inc., a Washington corporation,
and its successors and assigns.
1.1.2 "City" means the City of Auburn, a code city of the State of
Washington, and its successors and assigns.
1.1.3 "Franchise Area" means any, every and all of the roads, streets,
avenues, alleys, highways and public rights-of-way of the City as now laid out, platted,
dedicated or improved; and any; every and all roads, streets, avenues, alleys, highways and
public rights-of-way that may hereafter be laid out, platted, dedicated or improved within
the present limits of the City and as such limits may be hereafter extended.
1.1.4 "Facilities" means, collectively, any and all electric transmission and
distribution systems, including but not limited to, poles (with or without crossarms), wires,
lines, conduits, cables, braces, guys, anchors and vaults, meter-reading devices, fixtures,
and communication systems; and any and all other equipment, appliances, attachments,
appurtenances and other items necessary, convenient, or in any way pertaining to any and
all of the foregoing for the purpose of transmission, distribution and sale of energy, whether
the same be located overhead or underground.
1.1.5 "Ordinance" means Ordinance No. 6775, which sets forth the terms
and conditions of this Franchise.
Page 6 of 69
Ordinance No. 6775
Franchise Agreement No. FRN20-0002
May 27, 2020
Page 2 of 20
1.1.6 "Public Improvement" means any capital improvement, maintenance
or repair within the Franchise Area that is undertaken by or on behalf of the City and is
funded by the City (either directly or indirectly with its own funds or with other public
monies obtained by the City), including any capital improvement within the City’s adopted
Transportation Improvement Plan or Capital Facilities Plan.
Section 2. Facilities Within Franchise Area.
2.1 The City does hereby grant to PSE the right, privilege, authority and franchise to
set, erect, lay, construct, extend, support, attach, connect, maintain, repair, replace, enlarge, operate
and use Facilities in, upon, over, under, along, across and through the Franchise Area to provide
for the transmission, distribution and sale of energy for power, heat, light and such other purposes
for which energy may be used.
2.2 This Franchise shall not convey any right to PSE to install its Facilities on or to
otherwise use City-owned or City-leased properties outside the Franchise Area; provided,
however, that PSE shall retain the right to maintain, repair and operate Facilities installed pursuant
to prior franchise agreements with the City regardless of whether said Facilities are outside the
Franchise Area, but such right shall be subject to the provisions of Section 2.3.
2.3 Existing Facilities installed or maintained by PSE on public grounds and places
within the City in accordance with prior franchise agreements (but which such Facilities are not
within the Franchise Area as defined in this Franchise) may continue to be maintained, repaired
and operated by PSE at the location such Facilities exist as of the effective date of this Franchise
for the term of this Franchise; provided, however, that no such Facilities may be enlarged,
improved or expanded without the prior review and approval of the City pursuant to applicable
ordinances, codes, resolutions, standards and procedures.
Section 3. Noninterference and Maintenance of Facilities.
3.1 PSE's Facilities shall be constructed, installed, maintained, replaced, upgraded,
relocated, and repaired within the Franchise Area so as not to unreasonably interfere with the free
passage of traffic and in accordance with the laws of the State of Washington, the City of Auburn
Design and Construction Standards, and the ordinances, rules and regulations of the City;
provided, however, that in the event of any conflict or inconsistency of such codes, ordinances,
rules, and regulations with the terms of this Franchise, the terms of this Franchise shall govern and
control; provided further that nothing herein shall be deemed to waive, prejudice or otherwise limit
any right of appeal afforded PSE by such City codes, ordinances, rules, and regulations. If, during
the term of this Franchise, the City is specifically required by state law to pass any code or
ordinance which conflicts or is inconsistent with any provision of this Franchise, the provisions of
Section 22 will thereafter apply.
3.2 Any repair of PSE's Facilities within the Franchise Area shall be made within the
time and in a manner which conforms with generally accepted customs, practices and standards in
the industry. In the event of any emergency in which PSE's Facilities located in or under the
Franchise Area break or are damaged, or if PSE's Facilities within the Franchise Area are otherwise
Page 7 of 69
Ordinance No. 6775
Franchise Agreement No. FRN20-0002
May 27, 2020
Page 3 of 20
in a condition as to immediately endanger the property, life, health or safety of any individual, PSE
shall, upon receipt of notification from the City of the existence of such condition, take all
reasonable actions to correct the dangerous condition.
3.3 Whenever PSE permanently discontinues use of any above ground or at grade
Facilities within the Franchise Area, such as poles (with or without crossarms), braces, guys,
anchors and vaults, due to modifications or upgrades to PSE's Facilities within the Franchise Area,
the discontinued Facilities shall be removed after all PSE and third party attachments have been
disconnected and removed from such Facilities and in a manner consistent with any contractual
obligations to third party users of such Facilities. Once all PSE and third-party attachments have
been disconnected and removed from such Facilities, the removal shall occur within
ninety (90) calendar days unless otherwise agreed to. If such discontinuation is caused by a Public
Improvement, the removal shall occur as described in the schedule established pursuant to Section
7. In the event that any PSE Facility creates an unreasonable interference with normal right-of-
way operations, the City may request that PSE remove or relocate such Facilities on an expedited
basis.
Section 4. Permits; Restoration.
4.1 Whenever it shall be necessary for PSE to engage in any work within the Franchise
Area, PSE shall apply for all necessary City permits to do such work, and shall, except to the extent
inconsistent with the terms and conditions of this Franchise or where expressly provided otherwise
herein, comply with all requirements and conditions of such permits including but not limited to
location restrictions, traffic control, and restoration, repair or other work to restore the surface of
the Franchise Area, as nearly as practicable, to its condition immediately prior to the work, or as
otherwise specified in the permit issued by the City in connection with the work in conformance
with the City’s current design and construction standards and the applicable provisions of the
Auburn City Code that are not inconsistent with the requirements set forth in this Section 4.1 or
elsewhere in this Franchise. Such restoration responsibility shall continue for a period of time to
correspond to the remaining life of the existing structure, pavement and/or surface in which the
work was accomplished, but shall not apply to any subsequent repair or restoration made necessary
by the acts or omissions of the City or any third party. It is further provided that in the event that
PSE has any work in the Franchise Area completed by any of its authorized agents or
subcontractors, PSE shall remain fully responsible for the permit, permitted work and any other
permit requirements, notwithstanding any provisions of this Franchise to the contrary.
4.2 In the event of an emergency situation in which PSE's Facilities within the
Franchise Area are in such a condition so as to immediately endanger the property, life, health or
safety of any individual, PSE may take immediate action to correct the dangerous condition
without first obtaining any required permit, provided that PSE shall notify the City telephonically
or in person within twenty-four (24) hours of the event, and provided that PSE applies for any
necessary permit(s) from the City for such work as soon as reasonably practicable thereafter. For
the purposes hereof, "as soon as reasonably practicable" means that the permit application shall be
submitted to the City not later than ten (10) business days after the date of the commencement of
the action that requires such permit.
Page 8 of 69
Ordinance No. 6775
Franchise Agreement No. FRN20-0002
May 27, 2020
Page 4 of 20
4.3 Nothing in this Franchise is intended, nor shall it be construed, as a hindrance to
PSE' s ability to take such actions as it deems necessary to discharge its public service obligations
in accordance with the laws of the State of Washington.
Section 5. Maps, Drawings and Records.
5.1 PSE shall provide the City, upon the City's reasonable request, copies of available
drawings in use by PSE showing the location of its Facilities within the Franchise Area, provided
the request is limited to Facilities at specific locations in the Franchise Area and is made in
connection with the City's planning of capital improvement projects. Further, PSE shall, upon the
City's reasonable request, discuss and explore ways in which PSE and the City may cooperate and
coordinate activities with respect to the development of drawing file layers compatible with the
City's Geographic Information System ("GIS") which show PSE's Facilities at specific locations
in the Franchise Area.
5.2 As to any such drawings and drawing file layers so provided, PSE does not warrant
the accuracy thereof and, to the extent the location of Facilities are shown, such Facilities are
shown in their approximate location. With respect to any excavations within the Franchise Area
undertaken by or on behalf of PSE or the City, nothing herein is intended (nor shall be construed)
to relieve either party of their respective obligations arising under applicable law with respect to
determining the location of utility facilities.
5.3 Upon the City's reasonable request in connection with the City's design of new
streets and intersections and major renovations of existing streets and intersections, and any other
Public Improvement, undertaken by the City, PSE shall further provide to the City (a) the location
of PSE's underground Facilities at those specific locations within the Franchise Area affected by
the project by either field markings or by locating the Facilities in the City's design drawings, and
(b) other reasonable cooperation and assistance; provided, however, that nothing in this Section 5.3
or any other provision of this Franchise is intended to (or shall) relieve any person or entity of its
obligations under applicable law with respect to determining the location of underground facilities.
5.4 The parties understand that Washington law limits the ability of the City to shield
from public disclosure any information given to the City. PSE shall clearly mark any information
that it provides to the City as “Proprietary” information if PSE believes that disclosure of that
information would be exempt under an applicable exemption in RCW 42.56.270. The City agrees
that if it receives a request for information marked by PSE as proprietary, it will promptly, notify
PSE of the request. If PSE does not obtain an order enjoining release of the documents in 10
working days, the City will release the documents.
Section 6. Right to Complete Work.
6.1 In the event that PSE fails to perform any work to restore the surface of the
Franchise Area to enable the free passage of traffic and pedestrians by the traveling public as
required by this Franchise or any permit issued by the City relating to such work, and such failure
continues for a period of ten (10) calendar days after PSE receives written notice from the City
regarding such failure (or, in the event of an emergency situation, such shorter period of time after
Page 9 of 69
Ordinance No. 6775
Franchise Agreement No. FRN20-0002
May 27, 2020
Page 5 of 20
receipt of notice from the City as is reasonably required in the circumstances), the City may, but
in no event is obligated to, perform or contract for such work and, thereafter, PSE shall, upon the
City's written request, reimburse the City for the reasonable costs incurred by the City in having
such work performed.
Section 7. Relocation of Facilities.
7.1 Whenever the City causes a Public Improvement to be constructed within the
Franchise Area, and such Public Improvement requires the relocation of PSE's then existing
Facilities within the Franchise Area (for purposes other than those described in Section 7.2 below):
7.1.1 The City shall provide PSE written notice requesting such relocation,
along with review plans for the Public Improvement that are sufficiently complete to allow
for PSE's evaluation and coordination of the relocation, not less than four (4) weeks prior to
the date of a coordination meeting to be held between the City and PSE to discuss said
Facilities to be relocated; and
7.1.2 The City and PSE shall, at the coordination meeting described in
Section 7.1.1 above, jointly identify and define the project requirements, schedule and
timeframe of relocation, construction standards, and tasks that both parties agree shall
govern the relocation.
PSE shall relocate such Facilities within the Franchise Area, at no charge to the City and in
accordance with the relocation schedule mutually agreed upon by the parties, subject to any
applicable tariffs on file with the Washington Utilities and Transportation Commission and any
different arrangement expressly set forth in a separate agreement signed by PSE and the City. The
City shall use its best efforts to avoid the subsequent relocation of any Facilities for a period of
three (3) years from the date of such relocation, provided that if the City requires such subsequent
relocation, the City shall bear the cost thereof, excepting in circumstances which the City could
not reasonably have foreseen as of the date of such relocation.
7.2 Whenever (i) any public or private development within the Franchises Area, other
than a Public Improvement, requires the relocation of PSE's Facilities within the Franchise Area
to accommodate such development; or (ii) the City requires the relocation of PSE ' s Facilities
within the Franchise Area for the benefit of any person or entity other than the City (including,
without limitation, any condition or requirement imposed by the City pursuant to any contract or
in conjunction with approvals or permits for zoning, land use, construction or development), then
in such event, PSE shall have the right as a condition of such relocation, to require such developer,
person or entity to make payment to PSE, at a time and upon terms acceptable to PSE, for any and
all costs and expenses incurred by PSE in the relocation of PSE's Facilities.
7.3 Subject to compliance by the City with the terms of this Section 7 and consistent
with Section 9, and to the maximum extent provided by law, PSE shall reimburse the City for any
costs, expenses, and/or damages required to be paid to the City’s third party contractor(s) as a
direct result of PSE’s delay in meeting the mutually-established schedule for the relocation work
required to accommodate a Public Improvement to the extent the delay is directly caused by PSE's
Page 10 of 69
Ordinance No. 6775
Franchise Agreement No. FRN20-0002
May 27, 2020
Page 6 of 20
breach of its obligations under this Section 7 with respect to the relocation of PSE's Facilities
within the Franchise Area in accordance with the mutually established schedule for the relocation
work. PSE is not responsible for any cost, expense or damage that results from any delay in
meeting the schedule for a Public Improvement if, and to the extent the delay is caused by the City,
any third party, or any force majeure event.
7.3.1 PSE will not be required to reimburse the City unless the City first tenders the third
party contractor delay claim within a reasonable time following the City’s receipt of the
claim. If a dispute arises between the City and PSE under this Section 7.3, the Parties shall,
within fifteen (15) days of the date of the City’s tendering a claim for delay damages, meet
and commence good faith negotiations to resolve the Parties' differences. The Parties shall
undertake commercially reasonable efforts to resolve their differences, giving due regard
to all pertinent facts and relevant circumstances so as to fully effect the intent of Section
7.3 of the Franchise. The Parties shall make officers or officials with authority to settle the
dispute available for the negotiations. The Parties may elect, by mutual agreement, to
submit the dispute to mediation, to be conducted by a mutually agreeable mediator. In
such event, the mediator's fee shall be divided equally and borne in equal portions by the
Parties. If, at any time during the good-faith efforts to resolve the Parties' differences over
the delay claim, either Party determines that such negotiations will not result in a resolution
of the dispute, such Party may terminate the negotiations by written notice to the other
Party and may thereafter pursue any remedy as may be available to such Party under the
Franchise or applicable law.
7.4 Nothing in this Section 7 "Relocation of Facilities" shall require PSE to bear any
cost or expense in connection with the location or relocation of any Facilities then existing pursuant
to easement or such other rights not derived from this Franchise.
Section 8. Undergrounding of Facilities.
8.1 PSE acknowledges the City desires to encourage the undergrounding of overhead
electrical Facilities within the Franchise Area. The City acknowledges that PSE utilizes such
overhead Facilities to provide electrical service on a non-preferential basis subject to and in
accordance with tariffs on file with the Washington Utilities and Transportation Commission.
Subject to and in accordance with such tariffs, PSE will cooperate with the City in the formulation
of policy and regulations concerning the undergrounding of PSE's overhead electrical Facilities
within the Franchise Area. If, during the term of this Franchise, the City shall direct PSE to
underground overhead electrical Facilities within the Franchise Area, such undergroundi ng shall
be arranged and accomplished subject to and in accordance with tariffs on file with the Washington
Utilities and Transportation Commission. This Section 8 shall govern all matters related to the
undergrounding of PSE's overhead electrical Facilities within the Franchise Area.
Section 9. Indemnification.
9.1 PSE shall indemnify, defend and hold harmless the City, its elected and appointed
officials, officers, employees, agents, representatives, engineers, and consultants from any and all
Page 11 of 69
Ordinance No. 6775
Franchise Agreement No. FRN20-0002
May 27, 2020
Page 7 of 20
claims, costs, judgments, awards, or liability to any person arising from injury or death of any
person or damage to property to the extent the same is caused by the negligent acts or omissions
of PSE, its agents, servants, officers, or employees in performing under this Franchise. This
covenant of indemnification shall include, but not be limited by this reference, to claims against
the City arising as a result of the negligent acts or omissions of, or tortious misconduct by, PSE,
its agents, servants, officers, or employees in barricading, instituting trench safety systems or
providing other adequate warnings of any excavation, construction, or work in the Franchise Area
or in any other public place in performance of work or services permitted under this Franchise.
9.2 Inspection or acceptance by the City of any work performed by PSE at the time of
completion of construction shall not be grounds for avoidance of any of these covenants of
indemnification. Said indemnification obligations shall extend to claims which are not reduced to
a suit and any claims which may be compromised prior to the culmination of any litigation or the
institution of any litigation.
9.3 In the event any claim or demand for which indemnification is provided under
Section 9.1 is presented to, or suit or action is commenced against, the City based upon any such
claim or demand, the City shall promptly notify PSE thereof, and PSE may elect, at its sole cost
and expense, to settle and compromise such suit or action, or defend the same with attorneys of its
choice. In the event that PSE refuses the tender of defense in any suit or any claim for which
indemnification is provided under Section 9.1, said tender having been made pursuant to this
indemnification clause, and said refusal is subsequently determined by a court having jurisdiction
(or such other tribunal that the parties shall agree to decide the matter) to have been a wrongful
refusal on the part of PSE, then PSE shall pay all of the City's costs for defense of the action,
including all reasonable expert witness fees and reasonable attorneys' fees and the reasonable costs
of the City, including reasonable attorneys' fees of recovering under this indemnification clause.
9.4 In the event of liability for damages arising out of bodily injury to persons or
damages to property caused by or resulting from the concurrent negligence of PSE and the City,
its officers, employees and agents, PSE's liability hereunder shall be only to the extent of PSE's
negligence. In the event it is determined by a court of competent jurisdiction, that RCW 4.24.115
applies to this Franchise, PSE's indemnification obligations under Section 9.1 shall apply to the
maximum extent permitted thereunder, to the full extent of PSE's negligence. Further, in any such
action, the City shall have the right to participate, at its sole cost and expense, through its own
attorney in any suit or action which arises pursuant to this Franchise when the City determines that
such participation is in the City's best interest.
9.5 It is further specifically and expressly understood that, solely to the extent required
to enforce the indemnification provided herein, PSE waives its immunity under RCW Title 51;
provided, however, the foregoing waiver shall not in any way preclude PSE from raising such
immunity as a defense against any claim brought against PSE by any of its employees. This waiver
has been mutually negotiated by the parties.
9.6 Notwithstanding any other provisions of this Franchise, PSE assumes the risk of
damage to its Facilities located in the Franchise Area from activities conducted by the City, its
Page 12 of 69
Ordinance No. 6775
Franchise Agreement No. FRN20-0002
May 27, 2020
Page 8 of 20
officers, agents, employees, and contractors, except as set forth below. PSE releases and waives
any and all claims against the City, its officers, agents, employees, or contractors for damage to or
destruction of PSE's Facilities within the Franchise Area caused by or arising out of activities
conducted by the City, its officers, agents, employees, and contractors, in the Franchise Area,
except to the extent any such damage or destruction is caused by or arises from the negligence or
any willful or malicious action on the part of the City, its officers, agents, employees, or
contractors.
9.7 The provisions in this Section 9 shall survive the expiration or termination of this
Franchise with respect to any claim, demand, suit or action for which indemnification is provided
under Section 9.1 and which is based on an act or omission that occurred during the term of this
Franchise.
Section 10. Reservation of Rights.
10.1 In the event the City vacates any portion of the Franchise Area during the term of
this Franchise, the City shall, in its vacation procedure, reserve and grant an easement to PSE for
PSE's existing Facilities unless the City reasonably determines that to do so would be impracticable
in light of the nature of the vacation.
10.2 The existence of this Franchise shall not preclude the City from acquiring by
condemnation, in accordance with applicable law, all or any portions of PSE's Facilities within the
Franchise Area.
10.3 Power services for City facilities within the right-of-way will be placed within the
public right-of-way whenever feasible.
Section 11. Moving Buildings within the Franchise Area.
11.1 If any person or entity obtains permission from the City to use the Franchise Area
for the movement or removal of any building or other object, the City shall, prior to granting such
permission, require such person or entity to arrange with PSE for the temporary adjustment of
PSE's overhead wires necessary to accommodate the movement or removal of such building or
other object, where the movement or removal of such building or other object will pass under
PSE's overhead wires or where the movement or removal of such building or other object will
otherwise require the temporary adjustment of PSE's overhead wires. The City shall require such
person or entity to complete such arrangements, upon terms and conditions acceptable to PSE, not
less than thirty (30) calendar days prior to the movement or removal of such building or other
object. In such event, PSE shall, at the sole cost and expense of the person or entity desiring to
move or remove such building or other object, adjust any of its overhead wires which may obstruct
the movement or removal of such building or object.
Section 12. Use of Facilities by City.
12.1 During the term of this Franchise, the City may, subject to PSE ' s prior written
consent which shall not be unreasonably withheld, install and maintain City-owned overhead wires
Page 13 of 69
Ordinance No. 6775
Franchise Agreement No. FRN20-0002
May 27, 2020
Page 9 of 20
for non-commercial, municipal purposes, such as traffic signalization and police and fire
communications upon PSE' s poles which are Facilities located within the Franchise Area. The
foregoing rights of the City to install and maintain such wires are further subject to the following:
12.1.1 The City shall perform such installation and maintenance at its sole
risk and expense in accordance with all applicable laws and in accordance with such
reasonable terms and conditions as PSE may specify from time to time (including, without
limitation, requirements accommodating Facilities or the facilities of other parties having
the right to use the Facilities); and
12.1.2 PSE shall have no obligation under Section 9 in connection with any
City-owned wires installed or maintained on PSE's poles.
Section 13. Vegetation Management.
13.1 PSE shall not apply any pesticide or herbicide within the Franchise Area without
prior approval of the City, which approval shall not be unreasonably withheld. If PSE first obtains
such approval from the City to apply a specific product in accordance with the defined procedure
on an ongoing basis throughout the Franchise Area, PSE shall not thereafter be required to obtain
the City's approval on each occasion such product is so applied. Trees which may interfere with
ungrounded supply conductors should be trimmed or removed. PSE shall coordinate its routine
vegetation management activities with the City and shall trim vegetation in close proximity to its
Facilities within the Franchise Area in compliance with all City ordinances, regulations,
resolutions, and rules (including those relating to the protection of environmentally sensitive
areas). However, such obligation to coordinate and comply shall not limit PSE's right under this
Franchise to cut, trim or otherwise remove vegetation at any time within the Franchise Area which,
due to proximity to PSE' s Facilities, poses an imminent threat to property, public safety or
continuity of electrical service.
Section 14. Lighting.
14.1 PSE shall install, operate and maintain street lighting as requested and paid for by
the City in accordance with applicable schedules and tariffs on file with the Washington Utilities
and Transportation Commission (or such other regulatory agency having jurisdiction), and a
consistent with a separate Street Lighting Services Agreement. Private lighting requested and paid
for by a third-party user to be within the Franchise Area must be in accordance with all applicable
schedules and tariffs on file with the Washington Utilities and Transportation Commission (or
such other regulatory agency having jurisdiction), and to the extent consistent with such schedules
and tariffs, must comply with City ordinances, rules, regulations, and design and construction
standards and will be subject to all applicable City permits.
Section 15. Recovery of Costs; Permit Fees.
15.1 As specifically provided by RCW 35.21.860, the City may not impose a franchise
fee or any other fee or charge of whatever nature or description upon PSE as a result of this
Franchise. However, as provided in RCW 35.21.860, the City may recover from PSE the actual
Page 14 of 69
Ordinance No. 6775
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May 27, 2020
Page 10 of 20
administrative expenses incurred by the City that are directly related to: (i) receiving and approving
a permit, license or this Franchise, (ii) inspecting plans and construction, or (iii) preparing a
detailed statement pursuant to Chapter 43.21C RCW. With respect to its payment of such
administrative expenses, the City shall submit to PSE statements/billings which specify the
amounts due. PSE shall make payment to the City in reimbursement of such expenses within thirty
(30) calendar days of the receipt of such statements/billings. Failure by PSE to pay such amount
within such thirty (30) calendar day time period shall constitute a failure to comply with the
Franchise for the purposes of Section 16, Default, hereof. Additionally, the failure by PSE to
timely pay said amounts shall be grounds for the City to preclude the processing of any applications
and/or issuing permits until payment has been fully made. Furthermore, any late payment shall
also accrue interest computed at the rate of twelve percent (12%) per annum from the thirtieth day.
15.2 With respect to the payment of permit fees, PSE shall comply with all applicable
payment terms set forth in applicable codes, ordinances or permits of the City, including, without
limitation, any such terms relating to the schedule for payment and the City's right to withhold
permits or charge interest in connection with any payment default by PSE; provided, however, the
City shall accept payment of such permit fees directly from contractors of PSE that perform work
in the Franchise Area on behalf of PSE so long as PSE has notified the City in writing that the
contractor is authorized to do so on PSE' s behalf and PSE remains responsible for compliance
with the terms of the permit.
Section 16. Default.
16.1 If PSE shall fail to comply with the provisions of this Franchise, the City may serve
upon PSE a written order to so comply within thirty (30) calendar days from the date such order
is received by PSE. If PSE is not in compliance with this Franchise after the expiration of said
thirty (30) calendar day period, the City may, by ordinance, declare an immediate forfeiture of this
Franchise. The parties expressly acknowledge and agree, however, that the forgoing rights and
obligations of the parties are subject in all respects to excused performance based on a Force
Majeure Event (as defined in Section 21.14).
16.2 No provision of this Franchise shall be deemed to bar the right of either party to
seek or obtain judicial relief from a violation by the other party of any provision of this Franchise
or any rule, regulation, requirement or directive promulgated thereunder. Neither the existence of
other remedies identified in this Franchise nor the exercise thereof shall be deemed to bar or
otherwise limit the right of either party to recover monetary damages for such vi olations by the
other party, or to seek and obtain judicial enforcement of the other party's obligations by means of
specific performance, injunctive relief or mandate, or any other remedy at law or in equity.
Section 17. Nonexclusive Franchise.
17.1 This Franchise is not, and shall not be deemed to be, an exclusive Franchise. This
Franchise shall not in any manner prohibit the City from granting other and further franchises over,
upon, and along the Franchise Area that do not interfere with PSE's rights under this Franchise.
Page 15 of 69
Ordinance No. 6775
Franchise Agreement No. FRN20-0002
May 27, 2020
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This Franchise shall not prohibit or prevent the City from using the Franchise Area or affect the
jurisdiction of the City over the same or any part thereof.
Section 18. Franchise Term.
18.1 This Franchise is and shall remain in full force and effect for a period of
fifteen (15) years from and after the effective date of the Ordinance; provided, however, PSE shall
have no rights under this Franchise nor shall PSE be bound by the terms and conditions of this
Franchise unless PSE shall, within sixty (60) calendar days after the effective date of the
Ordinance, file with the City its written acceptance of the Ordinance. It is further provided that
upon PSE' s request for an extension, this Franchise may be extended by the City, for one five (5)
year extension, provided that PSE is in full compliance with the terms and conditions of the
Franchise. In any such extension, the terms and conditions of this Franchise shall remain in full
force and effect, except as may be otherwise mutually agreed by the parties hereto.
18.2 Failure to Renew Franchise – Automatic Extension. If the Parties fail to formally
renew this Franchise prior to the expiration of its term or any extension thereof, the Franchise
automatically continues month to month until renewed or either party gives written notice at least
one-hundred eighty (180) calendar days in advance of intent not to renew the Franchise.
Section 19. Insurance; Bond.
19.1 PSE shall maintain the following liability insurance coverages, insuring both PSE
and the City, and its elected and appointed officers, officials, agents, employees, representatives,
engineers, consultants, and volunteers as additional insured's against claims for injuries to persons
or damages to property which may arise from or in connection with the exercise of the rights,
privileges, and authority granted to PSE:
19.1.1 Commercial General Liability (CGL) insurance with limits not less
than five million dollars ($5,000,000) per occurrence for bodily injury or death, property
damage, and public liability.
19.1.2 Automobile liability for owned, non-owned and hired vehicles with
a Combined Single Limit of three million dollars ($3,000,000) for each accident.
19.1.3 Worker's compensation with statutory limits and employer's liability
insurance with limits of not less than one million dollars ($1,000,000).
19.2 The liability insurance described herein shall be maintained by PSE throughout the
term of this Franchise, and such other period of time during which PSE is operating its Facilities
within the Franchise Area without a franchise, or is engaged in the removal of its Facilities from
the Franchise Area. Payment of deductibles and self-insured retentions shall be the sole
responsibility of PSE. Coverage under this policy shall apply separately to each insured against
whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
The City shall be included as an additional insured under PSE' s Commercial General Liability
insurance policy. There shall be no exclusion arising out of liability from explosion, or collapse.
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Franchise Agreement No. FRN20-0002
May 27, 2020
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PSE shall be the primary insured as respects the City, its officers, officials, employees, agents,
consultants, and volunteers. Any insurance maintained by the City, its officers, officials,
employees, consultants, agents, and volunteers shall be in excess of PSE' s insurance and shall not
contribute with it.
19.3 PSE shall provide the City with written notice of any policy cancellation within ten
(10) business days of their receipt of such notice. If the insurance is cancelled or materially altered
so as to be out of compliance with the requirements of this subsection within the term of this
Franchise, PSE shall provide evidence of a replacement policy. PSE agrees to maintain continuous
uninterrupted insurance coverage, in at least the amounts required for the duration of this Franchise
and, in the case of the Commercial General Liability, for at least three (3) years after expiration of
the term of this Franchise. Any lapse in the required insurance coverage shall be cause for
termination of this Franchise.
19.4 In lieu of the insurance requirements set forth in this Section 19, PSE may
self-insure against such risks in such amounts as are consistent with good utility practice. Upon
the City's request, PSE shall provide the City with reasonable written evidence that PSE is
maintaining such self-insurance.
19.5 Before undertaking any of the work authorized by this Franchise, PSE shall furnish
a bond executed by PSE and a corporate surety authorized to do surety business in the State of
Washington in an amount reasonably established by the City based on the nature and scope of the
work being performed (but not to exceed one-hundred thousand dollars ($100,000.00)) to ensure
the full and faithful performance by PSE of its obligations under this Franchise relating to its
construction, installation, maintenance, and/or removal of Facilities in the Franchise Area and for
restoration of the Franchise Area associated with such activities performed under this Franchise,
or to reimburse the City for its direct costs associated with such restoration or removal activities.
Such financial guarantee shall not be construed to limit PSE’s liability to the guarantee amount, or
otherwise limit the City’s recourse to any remedy to which the City is otherwise entitled at law or
in equity. The bond shall be conditioned so that PSE shall restore or replace any defective work
or materials discovered in the restoration of the Franchise Area discovered within a period of two
(2) years from the inspection date of any such restoration. PSE may meet the obligations of this
Section 19.5 with one or more bonds acceptable to the City. In the event that a bond issued
pursuant to this Section is canceled by the surety, after proper notice and pursuant to the terms of
said bond, PSE shall, prior to the expiration of said bond, procure a replacement bond which
complies with the terms of this Section.
19.5.1 The City reserves the right to require additional bonding from PSE
for PSE projects that have a restoration value for public infrastructure as determined by the
City that exceeds the amount of the bond specified in 19.5 above.
Section 20. Assignment.
20.1 PSE shall not assign or transfer its rights, benefits and privileges in and under this
Franchise without the prior written consent of the City, which consent shall not be unreasonably
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Ordinance No. 6775
Franchise Agreement No. FRN20-0002
May 27, 2020
Page 13 of 20
withheld or delayed. Prior to any assignment, the intended assignee shall, within
thirty (30) calendar days of the proposed date of any assignment, file written notice of the intended
assignment with the City together with its written acceptance of all terms and conditions of this
Franchise. Notwithstanding the foregoing, PSE shall have the right, without such notice or such
written consent, to mortgage its rights, benefits and privileges in and under this Franchise for the
benefit of bondholders.
Section 21. Miscellaneous.
21.1 If any term, provision, condition or portion of this Franchise shall be held to be
invalid, or is held to be inapplicable to any person or circumstance, such invalidity shall not affect
the validity of the remaining portions of this Franchise which shall continue in full force and effect,
and its application to other persons and circumstances shall not be affected. The headings of
sections and paragraphs of this Franchise are for convenience of reference only and are not
intended to restrict, affect or be of any weight in the interpretation or construction of the provisions
of such sections or paragraphs.
21.2 This Franchise may be amended only by written instrument, signed by both parties,
which specifically states that it is an amendment to this Franchise and is approved and executed in
accordance with the laws of the State of Washington. Without limiting the generality of the
foregoing, this Franchise (including, without limitation, Section 9 above) shall govern and
supersede and shall not be changed, modified, deleted, added to, supplemented or otherwise
amended by any permit, approval, license, agreement or other document required by or obtained
from the City in conjunction with the exercise (or failure to exercise) by PSE of any and all rights,
benefits, privileges, obligations or duties in and under this Franchise, unless such permit, approval,
license, agreement or other document specifically:
21.2.1 references this Franchise; and
21.2.2 states that it supersedes this Franchise to the extent it contains terms
and conditions that change, modify, delete, add to, supplement or otherwise amend the terms
and conditions of this Franchise.
In the event of any conflict or inconsistency between the provisions of this Franchise and the
provisions of any such permit, approval, license, agreement or other document, the provisions of
this Franchise shall control.
21.3 This Franchise is subject to the provisions of any applicable tariff on file with the
Washington Utilities and Transportation Commission or its successor. In the event of any conflict
or inconsistency between the provisions of this Franchise and such tariff, the provisions of such
tariff shall control, subject only to Section 22 with respect to any such tariff which is adopted after
the date of this Franchise.
21.4 In connection with its performance of work under this Franchise, PSE shall, during
the term of this Franchise, fully comply with all applicable equal employment or
non-discrimination provisions and requirements of federal, state and local laws.
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Ordinance No. 6775
Franchise Agreement No. FRN20-0002
May 27, 2020
Page 14 of 20
21.5 During the term of this Franchise, each party shall notify and keep the other party
apprised of its local address for the service of notices by mail. All notices and other
communications given or required to be given under this Franchise shall be sent postage prepaid
to such respective address and such notices shall be effective upon receipt. Any notice, order or
other communication regarding any default or breach of this Franchise, or any resulting
termination or revocation of this Franchise, must be sent under this Section 21.5 to the intended
recipient by certified mail. The City and PSE may change their respective addresses by written
notice to the other party at any time. As of the effective date of this Franchise:
PSE's notice address shall be:
Puget Sound Energy Inc.
6905 S 228th Street
Kent WA 98032
Attention: Municipal Liaison Manager
With a copy to:
Puget Sound Energy, Inc.
P.O. Box 90868
Bellevue, WA 98009-0868
Attention: General Counsel
The City's notice address shall be:
City of Auburn
Public Works
25 West Main Street
Auburn, WA 98001-4998
Attention: Public Works Director
21.6 During the term of this Franchise, PSE shall also provide the City (and maintain
current) a written list showing the names and telephone numbers of the specific dep artments and
(if applicable) individuals, including backup contacts if the first contact individual is not available
or otherwise not there, within PSE that may be contacted by the City to identify and address
problems and issues that arise under this Franchise. PSE shall ensure that the list includes contact
information for addressing emergency support and technical support issues (with emergency
support being available 24 hours per day), and shall ensure that the names and telephone numbers
appearing on the list in those areas have the expertise and authority (or access to the same) needed
to address the problem or issue promptly and effectively. PSE shall use all reasonable efforts to
respond to requests from the City promptly, to work diligently with the City in resolving any
problems or issues identified by the City, and to actively communicate with the City regarding
each problem or issue from the time it is first identified by the City until the time it is resolved .
PSE shall update the list as necessary (i.e., if changes in applicable contact individuals or contact
information is changed) to ensure that it remains current and shall give written notice of the change
to the City.
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Ordinance No. 6775
Franchise Agreement No. FRN20-0002
May 27, 2020
Page 15 of 20
21.7 PSE and the City shall, as reasonably requested by the other party from time to
time, discuss and coordinate their activities with respect to construction which may affect the
public rights of way in any manner in an effort to minimize public inconvenience, disruption or
damages.
21.8 This Franchise shall be binding upon the parties hereto and their permitted
successors and assigns.
21.9 Nothing herein shall be deemed to create a joint venture or principal -agent
relationship between the parties, and neither party is authorized to, nor shall either party, act toward
third persons or the public in any manner that would indicate any such relationship with the other.
21.10 The failure of either party at any time to require performance by the other party of
any provision hereof shall in no way affect the right of such party thereafter to enforce the same.
Nor shall the waiver by a party of any breach of any provision hereof by the other party be taken
or held to be a waiver of any succeeding breach of such provision, or as a waiver of the provision
itself or any other provision.
21.11 This Franchise shall be governed by and construed in accordance with the laws of
the State of Washington. The venue and jurisdiction over any dispute related to this Franchise
shall be with the King County Superior Court, Regional Justice Center, Kent, Washington (or, if
the Regional Justice Center is no longer in operation, such other local facility as is then operated
by the King County Superior Court).
21.12 If either party shall be required to bring any action to enforce any provision of this
Franchise, or shall be required to defend any action brought by the other party with respect to this
Franchise, and in the further event that one party shall prevail in such action, the other party shall,
in addition to all other payments required therein, pay all of the prevailing party's reasonable costs
in connection with such action, including such sums as the court or courts may adjudge reasonable
as attorney's fees in the trial court and in any appellate courts.
21.13 This Franchise represents the entire understanding and agreement between the
parties hereto with respect to the subject matter hereof and supersedes all prior oral negotiations
between the parties; provided, however, that nothing herein is intended to, or shall, alter, amend
or supersede in any way City of Auburn Ordinance Number 3581, adopted January 2, 1991, under
which the City Council granted a franchise to PSE's predecessor-in-interest, Washington Natural
Gas Company, to construct, maintain, repair, renew and operate a gas distribution system (the
"WNG Franchise"), and the WNG Franchise shall remain in full force and effect in accordance
with its terms.
21.14 In the event that either party is prevented or delayed in the performance of any of
its obligations under this Franchise by any event or circumstance beyond its reasonable control (a
"Force Majeure Event"), then that party's performance shall be excused during the Force Majeure
Event. Force Majeure Events shall include, without limitation, war; civil disturbance; flood,
earthquake or other Act of God; storm or other condition which necessitates the mobilization of
the personnel of a party or its contractors to restore utility service; laws, regulations, rules or orders
Page 20 of 69
Ordinance No. 6775
Franchise Agreement No. FRN20-0002
May 27, 2020
Page 16 of 20
of any governmental agency; sabotage; strikes or similar labor disputes involving personnel of a
party, its contractors or a third party; or any failure or delay in the performance by the other party,
or a third party who is not an employee, agent or contractor of the party claiming a Force Majeure
Event, in connection with this Franchise. Upon removal or termination of the Force Majeure
Event, the party claiming a Force Majeure Event shall promptly perform the affected obligations
in an orderly and expedited manner under this Franchise or procure a substitute for such obligation.
The parties shall use all commercially reasonable efforts to eliminate or minimize any delay caused
by a Force Majeure Event.
Section 22. Changes in Laws.
22.1 If, during the term of this Franchise, there becomes effective any change in federal
or state law (including, but not limited to, a change in any tariff filed by PSE with the Washington
Utilities & Transportation Commission) and such change:
22.1.1 specifically requires the City to enact a code or ordinance which
conflicts or is inconsistent with any provision of this Franchise; or
22.1.2 results in a PSE tariff which conflicts or is inconsistent with any
provision of this Franchise;
then, in such event, either party may, within ninety (90) calendar days of the effective date of such
change, notify the other party in writing that such party desires to commence negotiations to amend
this Franchise. Such negotiations shall only encompass the specific term or condition affected by
such change in federal or state law and neither party shall be obligated to reopen negotiations on
any other term or condition of this Franchise. Within thirty (30) calendar days from and after the
other party's receipt of written notice to so commence such negotiations, the parties shall, at a
mutually agreeable time and place, commence such negotiations. The parties shall thereafter
conduct such negotiations at reasonable times, in a reasonable manner, in good faith and with due
regard to all pertinent facts and circumstances; provided, however, that (a) in the event the parties
are unable, through negotiation, to reach mutual agreement upon terms and conditions of such
amendment, then either party may, by written notice to the other, demand that the parties seek to
arrive at such agreement through mediation or, if no such demand has previously been submitted,
terminate this Franchise upon not less than ninety (90) calendar days prior written notice to the
other party; and (b) pending such negotiations, mediation and/or termination, and except as to any
portion thereof which is in conflict or inconsistent with such change in federal or state law, the
Franchise shall remain in full force and effect. For purposes of this Section 22.1, the term
"mediation" shall mean mediation at the local offices of Judicial Arbitration and Mediation
Services, Inc. ("JAMS"), or, if JAMS shall cease to exist or cease to have a local office, mediation
at the local offices of a similar organization. The parties may agree on a jurist from the JAMS
panel. If they are unable to agree, JAMS will provide a list of the three available panel members
and each party may strike one. The remaining panel member will serve as the mediator.
Section 23. Severability.
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Ordinance No. 6775
Franchise Agreement No. FRN20-0002
May 27, 2020
Page 17 of 20
23.1 If any section, sentence, clause or phrase of this Ordinance shall be held to be
invalid or unconstitutional by a court of competent jurisdiction, such invalidity or
unconstitutionality shall not affect the validity or constitutionality of any other section, sentence,
clause or phrase of this Ordinance.
Section 24. Ratification.
24.1 Any act of the City consistent with the authority granted by the City prior to the
effective date of this Ordinance is hereby ratified and affirmed by the City.
Section 25. Effective Date.
25.1 This Ordinance shall be effective on ______________, 20__, having been:
(i) introduced to the City Council not less than five days before its passage; (ii) first submitted to
the City Attorney on ______________, 20__; (iii) published at least five days prior to the
above-referenced effective date and as otherwise required by law; and (iv) passed at a regular
meeting of the legislative body of the City of Auburn by a vote of at least five members of the City
Council on ______________, 20__.
INTRODUCED:
PASSED:
APPROVED:
NANCY BACKUS, Mayor
ATTEST:
APPROVED AS TO FORM:
Shawn Campbell, MMC, City Clerk Kendra Comeau, City Attorney
Page 22 of 69
Ordinance No. 6775
Franchise Agreement No. FRN20-0002
May 27, 2020
Page 18 of 20
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
I, Shawn Campbell the duly qualified City Clerk of the City of Auburn, a Non-charter Code
City, situated in the Counties of King and Pierce, State of Washington, certify that the foregoing
is a full, true and correct copy of Ordinance No. 6775 an ordinance of the City of Auburn, entitled:
ORDINANCE NO. 6775
AN ORDINANCE granting Puget Sound Energy, Inc., a Washington corporation, its
successors and assigns, the right, privilege, authority and franchise to set, erect, construct, support,
attach, connect and stretch Facilities between, maintain, repair, replace, enlarge, operate and use
Facilities in, upon, over, under, along, across and through the Franchise Area for purposes of
transmission, distribution and sale of electric energy for power, heat, light and any other purpose
for which electric energy can be used.
I further certify that said Ordinance No. 6775 was: (i) introduced on the _____ day of
__________, 20__; (ii) submitted to the City Attorney on _____ day of __________, 20 __;
(iii) published on the _____ day of __________, 20__, according to law; (iv) approved by a
majority of the entire legislative body of the City of Auburn, at a regular meeting on _____ day of
________, 20__; and (v) approved and signed by the Mayor of the Cit y of Auburn on the
_____ day of ________, 20__.
WITNESS my hand and official seal of the City of Auburn, this _____ day of __________,
20__.
Shawn Campbell, MMC, City Clerk
City of Auburn, State of Washington
Page 23 of 69
Draft Ordinance No. 6775
Franchise Agreement No. FRN20-0002
May 6, 2020
Page 19 of 19
HONORABLE MAYOR AND CITY COUNCIL
CITY OF AUBURN, WASHINGTON
In the matter of the application
of Puget Sound Energy, Inc., a
Washington corporation, for a
franchise to construct, operate
and maintain facilities in, upon,
over under, along, across and
through the franchise area of the
City of Auburn, Washington
:
: Franchise Ordinance No. 6775
:
:
:
:
: ACCEPTANCE
:
WHEREAS, the City Council of the City of Auburn, Washington, has granted a franchise
to Puget Sound Energy, Inc., a Washington corporation, its successors and ass igns, by enacting
Ordinance No. 6775, bearing the date of _______, 20__; and
WHEREAS, a copy of the Ordinance granting the franchise was received by the Puget
Sound Energy, Inc. on _____ ____, 20__, from said City of Auburn, King County, Washington.
NOW, THEREFORE, Puget Sound Energy, Inc., a Washington corporation, for itself, its
successors and assigns, accepts said Ordinance and all the terms and conditions of the Franchise,
and files this, its written acceptance, with the City of Auburn, King County, Washington.
Dated this _____ day of __________, 20__.
ATTEST: PUGET SOUND ENERGY, INC.
By:
Copy received for City of Auburn on
____________________, 20__
By:
City Clerk
Page 24 of 69
AGENDA BILL APPROVAL FORM
Agenda Subject:
Minutes of the June 29, 2020 and July 13, 2020 Study Session
Date:
July 13, 2020
Department:
City Council
Attachments:
06-29-2020 Minutes
07-13-2020 Minutes
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:July 20, 2020 Item Numb er:CA.A
Page 25 of 69
City Council Study S ession
J une 29, 2020 - 5:30 P M
Virtual
MINUT E S
Watch the meeting v ideo
Meeting videos are not available until 72
hours after the meeting has concluded.
I .C A L L TO O R D E R
D eputy Mayor DaC orsi called the meeting to order at 5:30 p.m. in the
C ouncil Chambers of Auburn City Hall, 25 West Main S treet in A uburn.
I I .Virtual P articipation L ink
A.Virtual P articipation L ink
The City Council Meeting was held virtually in the Council Chambers.
B.R oll Call
C ouncilmembers virtually present: Deputy Mayor C laude DaC orsi, Bob
B aggett, L arry B rown, J ames J eyaraj, R obyn Mulenga, C hris Stearns and
Yolanda Trout-Manuel.
Mayor Nancy B ackus and the f ollowing department directors and staff
members were present: I nnovation and Technical Support S pecialist
D anika O lson, D irector of I nnovation and Technology David Travis,
A ssistant P olice C hief Mark C aillier, P atrol C ommander C ristian Adams,
S ergeant J ames F rith, Chief of P olice Dan O’Neil and C ity C lerk Shawn
C ampbell.
The f ollowing department directors and staff members attended the
meeting virtually: C ity A ttorney D an Heid, A ssistant Director of I nnovation
and Technology Ashley Riggs, Director of Human Resources and Risk
Management Candis Martinson and D irector of P ublic Works I ngrid Gaub.
I I I .P R E S E NTAT I O NS
A.P olice P resentation (O'Neil)(90 Minutes)
C hief O 'Neil introduced Assistant C hief Caillier, Sergeant F rith and
C ommander Adams. He provided a brief explanation of their presentation
covering, Use of F orce, Vascular Neck R estraint (V NR), E ight C an't Wait
and the Use of F orce Continuum.
S ergeant F rith and C ommander A dams presented Council with inf ormation
on the Vascular Neck Restraint (V NR). Sergeant Frith explained how the
Page 1 of 3Page 26 of 69
V NR technique works by reducing the amount of f orce needed to restrain
someone and it typically shows a reduction of use of force complaints and
injuries. He discussed the difference between the V NR, which restricts the
flow of blood to and f rom the brain and a chokehold, which restricts the
airway. He reviewed the test data on the ef f ects of V NR and explained the
dif f erent types of use of force that would be needed if the V NR was not an
option. He also reviewed legal and medical opinions on V NR.
S ergeant F rith and C ommander A dams reviewed the Auburn P olice
Officers D epartment Vascular Neck R estraint policy, which requires
passing a written test, a physical test and completing continuing education
courses annually. He reviewed the requirements of who can and cannot
have the V NR technique used on them and medical staff must clear
anyone who has been rendered unconscious.
C hief O 'Neil reviewed the 8 C an't Wait plan, including banning chokeholds
and strangleholds, required de-escalation, required warning bef ore
shooting, requires of f icers to exhaust all alternatives before shooting, duty
to intervene when excessive f orce is being used by other of f icers, ban
shooting at moving vehicles, require use of f orce continuum and require
comprehensive reporting. He advised C ouncil that every A uburn patrol
vehicle has an in car video and of f icers who do not operate patrol vehicles
are equipped with body cameras. He also reviewed the force incidents f or
the past 5 years.
S ergeant F rith and C ommander A dams presented Council with inf ormation
on the Use of F orce Continuum vs R easonable Officer S tandard
guidelines. Sergeant Frith explained that the Use of Force C ontinuum is
out of date and no longer used. R easonable Officer Standard, states that
an officer with similar training and experience would have done something
similar in the same or similar situation.
C ouncil discussed cities that have banned V NR holds, if A uburn should re-
evaluate the use of the V NR, the amount of f orce needed to restrain men
versus women, how to ensure the V NR is not misapplied as a choke hold,
the importance of the V NR to officers, the use of body cameras and the
option of using alternative methods to get compliance without encircling the
neck.
I V.NE W B US I NE S S
C ouncilmember Trout-Manuel spoke about fireworks in the C ity. C ity
A ttorney Heid explained the differences with tribal land and City limit
regulations.
Page 2 of 3Page 27 of 69
V.A D J O UR NME NT
T here being no f urther business to come before the Council, the meeting
was adjourned at 7:25 p.m.
A P P R O V E D this 20th day of J uly, 2020.
_______________________________ ______________________
C L A UD E D A C O R S I , D E P UT Y MAYO R Shawn Campbell, City Clerk
Agendas and minutes are available to the public at the City Clerk's Office, on the City website
(http://www.auburnwa.gov), and via e-mail . Complete agenda packets are available for revi ew
at the City Clerk's Office.
Page 3 of 3Page 28 of 69
City Council Study Session Community
Wellness Special F ocus Area
J uly 13, 2020 - 5:30 P M
VIR T UAL
MINUT E S
Watch the meeting L I V E !
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hours after the meeting has concluded.
I .C A L L TO O R D E R
Deputy Mayor DaCorsi called the meeting to order at 5:30 p.m. in the Council
Chambers of Auburn City Hall, 25 West Main Street in A uburn.
I I .Virtual Participation L ink
A .Virtual Participation L ink
The City Council Meeting was held virtually in the Council Chambers.
B .Roll Call
Councilmembers virtually present: Deputy Mayor Claude DaCorsi, B ob
B aggett, L arry Brown, J ames J eyaraj, Robyn Mulenga and Chris Stearns.
Councilmember Yolanda Trout-Manuel was excused.
Mayor Nancy Backus and the following department directors and staff
members were present: I nnovation and Technical Support S pecialist
Danika Olson, Director of I nnovation and Technology David Travis, Police
Commander Cristian Adams and City Clerk Shawn Campbell.
The following department directors and staff members attended the
meeting virtually: City Attorney Dan Heid, Director of Finance J amie
Thomas, Director of Public Works I ngrid Gaub, Director of Community
Development J eff Tate, Utility Billing and Solid Waste S ervices
S upervisor J oan Nelson, Right-of-Way Specialist A mber Price, S enior
P lanner Thaniel Gouk, Community S ervices Manager J oy Scott and
A ssistant Director of I nnovation and Technology A shley Riggs.
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
There were no announcements, reports or presentations.
Page 1 of 3Page 29 of 69
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 .S olid Waste Contract P rocurement (T homas) (30 Minutes)
Director T homas introduced S upervisor Nelson who provided Council with
an update on the Solid Waste Contract process. S he reviewed the S olid
Waste S ervice Area. S he explained the City currently has two separate
haulers and once the next contract is approved the City will have all
residents within the service area under the same contract. S he also
reviewed the scoring and selection process for haulers and next steps to
finalize the contract with Waste Management.
Council discussed the term of the upcoming agreement, when the contract
will come back before Council, the rates for residents and the differences
between the current contract and the proposed contract.
B .Ordinance No. 6775 (Gaub) (5 Minutes)
A n Ordinance granting a Utility F ranchise Agreement to P uget S ound Energy to use
the public Right-of-Way
Director Gaub introduced Specialist Price who provided Council with a
brief explanation of the Franchise agreement with P uget S ound Energy
(P S E ) to continue to operate their electrical facilities within the City's rights-
of-way.
C.Ordinance No. 6779 (Tate) (5 Minutes)
A n Ordinance amending Chapter 18.68 of the Auburn City Code (A C C) containing
regulations related to amending the text of Title 18 A C C ‘Z oning’ and the zoning map
Director Tate introduced Planner Gouk who provided Council with an
update for amending the City's Zoning Code and City's Z oning Map.
V.C O MMUNI T Y W E L L NE S S D I S C US S I O N I T E MS
A .Community Development B lock Grant 2019 C A P E R (Tate) (15 Minutes)
A n overview of the 2019 City of Auburn C D B G Consolidated Annual P erformance and
E valuation Report, including funds spent and progress made toward A nnual A ction
P lan goals.
Councilmember Mulenga presided over this section of the meeting.
Manager Scott provided Council with an update on the Community
Development Block Grant (C D B G) and the Consolidated Annual
P erformance and E valuation Report (C A P E R). S he reviewed the
requirements for reporting, the administrative requirements for the C D B G
funds, examples of eligible activates for C B D G funds, the housing repair
program and the demographic data for grant recipients.
Council confirmed with Manager Scott that eligible grant recipients may be
Page 2 of 3Page 30 of 69
on a waiting list to receive assistance due to funding, but only ineligible
residents are declined assistance. Council also discussed the types of
medical services provided, public input on the C A P E R, how residents
know what funds are available and how to apply.
B .Ordinance No. 6780 (Tate) (20 Minutes)
A n Ordinance amending Auburn City Code to incorporate a J ust Cause E viction
Ordinance into Title 5.
Director Tate provided Council with a presentation on J ust Cause
E victions. He explained what the ordinance would entail and the reasons
for drafting and bringing this ordinance before Council.
Council discussed penalties for landlords, the City's authority to enforce
the code, options to require a maximum rent increase per year, the option
of requiring a grace period on rental payments and long term implications
of the ordinance.
V I .O T HE R D I S C US S I O N I T E MS
There were no other discussion items.
V I I .NE W B US I NE S S
There was no new business.
V I I I .A D J O UR NME NT
There being no further business to come before the Council, the meeting
was adjourned at 7:00 p.m.
A P P R O V E D this 3rd day of A ugust, 2020.
_______________________________ ______________________
C L A UD E D A C O R S I , D E P UT Y MAYO R Shawn Campbell, City Clerk
Agendas and minutes are available to the public at the City Clerk's Office, on the City website
(http://www.auburnwa.gov), and via e-mail. Complete agenda packets are available for review
at the City Clerk's Office.
Page 3 of 3Page 31 of 69
AGENDA BILL APPROVAL FORM
Agenda Subject:
Minutes of the July 6, 2020 Regular Council Meeting
Date:
July 13, 2020
Department:
City Council
Attachments:
07-06-2020 Minutes
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:July 20, 2020 Item Numb er:CA.B
Page 32 of 69
City Council Meeting
J uly 6, 2020 - 7:00 P M
Virtual
MINUT E S
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Watch the meeting video
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hours after the meeting has concluded.
I .C AL L T O O RD E R
I I .Virtual Participation Link
1.Virtual P articipation L ink
T he City Council Meeting was held virtually in the Council Chambers.
A .P ledge of Allegiance
Mayor Nancy Backus called the meeting to order at 7:00 p.m. in the
Council Chambers of A uburn City Hall, 25 West Main S treet in Auburn and
led those in attendance in the P ledge of A llegiance.
B .Roll Call
Councilmembers present: Deputy Mayor Claude DaCorsi, B ob Baggett,
L arry B rown, J ames J eyaraj, Robyn Mulenga, Chris Stearns and Yolanda
Trout-Manuel.
Mayor Nancy Backus and the following department directors and staff
members were present: I nnovation and Technical Support S pecialist
Danika Olson, Chief of Police Dan O’Neil and City Clerk S hawn Campbell.
The following department directors and staff members attended the
meeting virtually: City Attorney Dan Heid, Director of P ublic Works I ngrid
Gaub, Director of Finance J amie Thomas, Director of Parks, Arts, and
Recreation Daryl F aber, Director of Administration Dana Hinman,
and Assistant Director of I nnovation and Technology Ashley Riggs.
I I I .AG E ND A M O D I F IC AT I O NS
Resolution No. 5537 regarding a grant agreement to utilize a portion of the
C A R E S A ct Funding for S mall Business A ssistance Grants was added to
Resolutions on the agenda.
I V.NE W B US I NE S S
There was no new business.
Page 1 of 4Page 33 of 69
V.C IT IZE N I NP UT, P UB L I C HE ARI NG S AND C O RRE S P O ND E NC E
A .P ublic Hearings - (No public hearing is scheduled for this evening.)
B .Audience Participation
This is the place on the agenda where the public is invited to speak to the City
Council on any issue.
1.Virtual P articipation
B ob Z immerman, 33029 46th Place South
Mr. Z immerman requested the City ensure the City Codes do not
discriminate against any group.
C.Correspondence
There was no correspondence for Council to review.
V I .C O UNC I L AD HO C C O M M IT T E E RE P O RT S
Council Ad Hoc Committee Chairs may report on the status of their ad hoc Council
Committees' progress on assigned tasks and may give their recommendation to the
City Council, if any.
1.F inance Ad Hoc Committee (Chair B aggett)
Councilmember B aggett, Chair of the Finance ad hoc committee,
reported he and Councilmember Stearns have reviewed the claims
and payroll vouchers described on the Consent Agenda this evening
and recommended their approval.
V I I .C O NS E NT AG E ND A
All matters listed on the Consent Agenda are considered by the City Council to be
routine and will be enacted by one motion in the form listed.
A .Minutes of the J une 8, 2020 and J une 22, 2020 Study Session
B .Minutes of the J une 15, 2020 Regular Council Meeting
C.Minutes of the J une 22, 2020 S pecial Council Meeting
D.Claim Vouchers (Thomas)
Claim voucher list dated J uly 6th, 2020 which includes voucher numbers 459073
through 459287 in the amount of $4,260,620.62 and five wire transfers in the amount of
$766,138.01
E .P ayroll Vouchers (T homas)
P ayroll check numbers 538936 through 538942 in the amount of $573,866.50 and
Page 2 of 4Page 34 of 69
electronic deposit transmissions in the amount of $1,977,733.25 for a grand total of
$2,551,599.75 for the period covering J une 16, 2020 to J une 29, 2020
F.S etting date for Public Hearing for P uget S ound Energy
E lectrical F ranchise (Gaub)
S et date for Public Hearing for Franchise A greement No. F R N20-0002 for P uget
S ound Energy, I nc. E lectrical F ranchise
Deputy Mayor DaCorsi moved and Councilmember B aggett seconded to
approve the consent agenda.
MO T I O N C A R R I E D UNA NI MO US LY. 7-0
V I I I .UNF INIS HE D B US I NE S S
There was no unfinished business.
I X.RE S O L UT IO NS
A .Resolution No. 5534 (Gaub)
A Resolution authorizing the Mayor to execute an agreement between the City of
A uburn and K ing County, Metro Transit Department relating to Project C P 1902 –
P edestrian Safety Sidewalk and A D A I mprovements
Councilmember B rown moved and Councilmember S tearns seconded to
adopt Resolution No. 5534.
MO T I O N C A R R I E D UNA NI MO US LY. 7-0
B .Resolution No. 5536 (O'Neil)
A Resolution regarding enforcement by Auburn Police Officers of the face-
covering requirements of the Governor’s P roclamation number 20-60 and the
S ecretary of Health’s Order number 20-03
Deputy Mayor DaCorsi moved and Councilmember Trout-Manuel
seconded to adopt Resolution No. 5536
MO T I O N C A R R I E D UNA NI MO US LY. 7-0
C.Resolution No. 5537
Councilmember B rown moved and Deputy Mayor DaCorsi seconded to
adopt Resolution No. 5537.
MO T I O N C A R R I E D UNA NI MO US LY. 7-0
Page 3 of 4Page 35 of 69
X .M AY O R AND C O UNC I L M E M B E R RE P O RT S
At this time the Mayor and City Council may report on significant items associated with
their appointed positions on federal, state, regional and local organizations.
A .From the Council
Deputy Mayor DaCorsi reported he attended a virtual meeting for the
National L eague of Cities with the Housing and Homeless sub-committee
and a National L eague of Cities Caucus meeting.
Councilmember B aggett reported he attended a joint Regional Transit
Committee and Mobility and E nvironment Committee meeting.
Councilmember Trout-Manuel reported she attended a National L eague of
Cities Human Development Committee meeting and the A ssociation of
Washington Cities (AW C) Conference.
Councilmember S tearns reported he attended the Association of
Washington Cities (AW C) Conference, the P uget S ound Regional Council
meeting, the A rcadia House Grand opening and a King County S exual
A ssault briefing.
B .From the M ayor
Mayor Backus reported her and the department directors continue to meet
daily and stated that King County E xecutive Dow Constantine has
requested jurisdictions assistance to get the word out to the public about
wearing masks. She also attended the South K ing County and Homeless
P artnership meeting, S outh Housing and Homelessness A ffordability
P artners meeting, King County Regional Homelessness Authority meeting,
an A uburn Adventists R O D Talk pod cast and a Community L eaders
discussion meeting.
X I .AD J O URNM E NT
There being no further business to come before the Council, the meeting
was adjourned at 7:31 p.m.
A P P R O V E D this 20th day of J uly, 2020.
_____________________________ ____________________________
NA NC Y B A C K US, MAYO R Shawn Campbell, City Clerk
Agendas and minutes are available to the public at the City Clerk's Office, on the City website
(http://www.auburnwa.gov), and via e-mail. Complete agenda packets are available for review
at the City Clerk's Office.
Page 4 of 4Page 36 of 69
AGENDA BILL APPROVAL FORM
Agenda Subject:
Claim Vouchers (Thomas)
Date:
July 13, 2020
Department:
Finance
Attachments:
No Attachments Av ailable
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
Approve Claim Vouchers.
Background Summary:
Claim voucher list dated J uly 20th, 2020 which includes voucher numbers 459288 through
459515 in the amount of $5,160,715.37 and f our wire transfers in the amount of
$380,843.52.
Rev iewed by Council Committees:
Councilmember:Staff:Thomas
Meeting Date:July 20, 2020 Item Numb er:CA.C
Page 37 of 69
AGENDA BILL APPROVAL FORM
Agenda Subject:
Payroll Vouchers (Thomas)
Date:
July 13, 2020
Department:
Finance
Attachments:
No Attachments Av ailable
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
Approve Payroll Vouchers.
Background Summary:
Payroll check numbers 538943 through 538950 in the amount of $223,180.00 and electronic
deposit transmissions in the amount of $1,934,179.37 f or a grand total of $2,003,183.37 for
the period covering June 30, 2020 to July 14, 2020.
Rev iewed by Council Committees:
Councilmember:Staff:Thomas
Meeting Date:July 20, 2020 Item Numb er:CA.D
Page 38 of 69
AGENDA BILL APPROVAL FORM
Agenda Subject:
Public Works Project No. CP1904 (Gaub)
Date:
July 14, 2020
Department:
Public Works
Attachments:
Vicinity Map
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
City Council to approve an increase of $72,200.00 in the total maximum authorized contract
amount f or Public W orks Contract No. 20-03: Construction Project No. CP1904, Auburn Way
North Preservation Project Phase 3.
Background Summary:
Auburn City Code (ACC) Chapter 3.10 specifies the total maximum authorized contract
amount f or public work contracts based on contract value. The maximum authorized contract
amount includes the original contract amount plus an authorized contingency. The code
allows for administrative approval of change order work within the authorized contingency
amount. If project budget contingency remains, the code allows the City Council to increase
the total maximum authorized contract, which increases the authorized contingency available
f or administrative approval.
The Auburn Way North Preservation Project - Phase 3 rehabilitates and preserves the
existing pavement on Auburn Way North between 8th Street NE and SR-18. The work also
includes the installation of two 12-inch water mains across Auburn Way North at 2nd Street
NE and 3rd Street NE, storm system improvements at 1st Street NE and 2nd Street SE, and
updating curb ramps and signal equipment to meet ADA requirements.
I ncreasing the maximum authorized contract amount will use available project contingency to
provide the f ollowing improvements that were not part of the original contract:
1. Improve the existing storm system at the Auburn Way North and 1st Street NE
intersection in anticipation of a City project scheduled to be constructed in 2021 that will
replace the existing traf f ic signal system at the intersection (CP1927). By completing
the storm work as part of the Auburn Way North Preservation project, the City will
reduce the overall amount of money spent paving the intersection, by not having to
complete additional pavement re-work, that would otherwise be needed once the new
signal is installed.
2. Eliminate two sanitary sewer/storm drainage cross-connections that were recently
discovered in the intersection of 1st Street NE and Auburn W ay North.
Page 39 of 69
3. Replace a section of sewer main on 2nd Street SE that has exceeded its usef ul life.
This section of sanitary sewer pipe is scheduled to be replaced as part of a City project
scheduled to be constructed in 2021 that will reconstruct 2nd Street SE (CP2003). As
is the case with the storm system improvements in item #1 above, by completing this
work now the City avoids substantial additional costs to repair and replace a concrete
crosswalk and intersection pavement that will be newly installed with this project.
To f und these changes, an increase in the total authorized contract amount of $72,200.00 will
be required, which is available within the existing overall project budget.
Rev iewed by Council Committees:
Councilmember:Brown Staff:Gaub
Meeting Date:July 20, 2020 Item Numb er:CA.E
Page 40 of 69
Page 41 of 69
AGENDA BILL APPROVAL FORM
Agenda Subject:
Public Works Project No. CP1925 (Gaub)
Date:
July 14, 2020
Department:
Public Works
Attachments:
Vicinity Map
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
City Council to approve an increase of $70,000.00 in the total maximum authorized contract
amount f or Public W orks Contract No. 20-07: Construction of Project No. CP1925, Local
Street Reconstruction and Preservation Project.
Background Summary:
Auburn City Code (ACC) Chapter 3.10 specifies the total maximum authorized contract
amount f or public work contracts based on contract value. The maximum authorized contract
amount includes the original contract amount plus an authorized contingency. The code
allows for administrative approval of change order work within the authorized contingency
amount. If project budget contingency remains, the code allows the City Council to increase
the total maximum authorized contract, which increases the authorized contingency available
f or administrative approval.
The 2020 Local Street Reconstruction and Preservation Project includes reconstruction,
grind, repair, and overlay of local streets, pavement preservation at the Auburn Mountain View
Cemetery, and refreshing intersection pavement markings (crosswalks and stop bars) at
various locations throughout the City. This project is needed to keep the city’s local roadways
and cemetery access roads in good condition and to ref resh existing pavement markings at
high priority locations citywide.
During project design, the overlay of pavement within the Mountain View Cemetery site was
limited to a 1-inch thickness to help ensure the project remained within the available budget.
Due to a favorable project construction contract bid, project contingency is available within the
cemetery fund to increase the thickness to 2-inches, which will increase the life expectancy of
the pavement by 10 to 15 years beyond what was originally planned. In addition, during
project design, the amount of pavement marking work was limited based on the estimated
costs. Due to the f avorable bid project contingency is also available f rom the street
maintenance fund which can be used for ref reshing additional pavement markings.
To f und these changes, an increase in the total authorized contract amount of $70,000.00 will
be required, which is available within the existing overall project budget.
Page 42 of 69
Rev iewed by Council Committees:
Councilmember:Brown Staff:Gaub
Meeting Date:July 20, 2020 Item Numb er:CA.F
Page 43 of 69
Page 44 of 69
AGENDA BILL APPROVAL FORM
Agenda Subject:
Ordinance No. 6779 (Tate)
Date:
July 14, 2020
Department:
Community Development
Attachments:
Ord. No. 6779
Exhibit A to Ord. No.
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
City Council to adopt Ordinance No. 6779.
Background Summary:
Chapter 18.68 ACC pertains to the regulations for amending the City’s Zoning Code (Title 18)
and the City’s Zoning Map (also known as a “rezone”). The proposed changes seek to clarify
the procedural steps and the different types of applications, as well as, the substantive issues
such as the criteria for decision making. The proposed changes will help to provide guidance
to the public, the Planning Commission/Hearing Examiner, as well as City Staff. The Planning
Commission has reviewed these proposed changes and recommends that the City Council
approve the changes shown in Ordinance No. 6779.
Rev iewed by Council Committees:
Councilmember:Brown Staff:Tate
Meeting Date:July 20, 2020 Item Number:ORD.A
Page 45 of 69
--------------------------------
Ordinance No. 6779
July 1, 2020
Page 1 of 2 Rev. 2019
ORDINANCE NO. 6779
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AMENDING CHAPTER 18.68 OF
THE AUBURN CITY CODE (ACC) RELATING TO
AMENDING THE TEXT OF TITLE 18 ‘ZONING’ AND
ZONING MAP CHANGES AS SHOWN IN THE ATTACHED
EXHIBIT.
WHEREAS, Auburn City Code (ACC), specifically Chapter 18.68 ACC, contains
language for amending the text of the Title 18 ‘Zoning’ as well as for amending the City’s
Zoning Map; and
WHEREAS, with respect to the existing Code language, additions to, and
modifications to the existing provisions would be valuable to both City Staff (when
providing customer service), as well as to the public (criteria to respond to when
submitting applications), and the City’s Planning Commission and Hearing Examiner
(when reviewing the applications for consistency and suitability); and
WHEREAS, a SEPA Determination of Nonsignificance (DNS) and Notice of
Application (NOA) was issued on March 19, 2020 for the proposed amendments, with no
comments received; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows:
Section 1. Amendment to City Code. Chapter 18.68 ACC is amended to read
as shown in Exhibit A of this Ordinance.
Section 2. Implementation. The Mayor is authorized to implement those
administrative procedures necessary to carry out the directives of this legislation.
Page 46 of 69
--------------------------------
Ordinance No. 6779
July 1, 2020
Page 2 of 2 Rev. 2019
Section 6. 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 7. 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 47 of 69
January 2020
Chapter 18.68
ZONING MAP AND TEXT AMENDMENTS
Sections:
18.68.010 Purpose.
18.68.020 Zoning map amendments.
18.68.025 Zoning text amendments.
18.68.030 Types of amendments and processing.
18.68.040 Rezone approval criteria.
18.68.050 Amendments to rezone requests.
18.68.060 Contract rezones.
18.68.010 Purpose.
The purpose of this chapter is to establish a process to amend either the text or map of
this title. An amendment of the zoning map is also referred to as a “rezone” as used
elsewhere in this title.
18.68.020 Zoning map amendments.
Zoning map amendments may be initiated by the City or one or more property owners.
Applications from property owners must include valid authorization from all of the
subject property owners involved in the application.
18.68.025 Zoning text amendments.
Text amendments may be initiated by the City or the public.
A. City-initiated text amendments.
1. The Director may initiate an amendment to the text of this title for the following
purposes:
a. Change the text to increase consistency with the Comprehensive Plan in
compliance with ACC 14.22.050, ‘Conformance and consistency’.
b. Change the text in response to changes in state and/or federal laws.
c. Change the text to correct errors, which are determined by the Director to be
substantive and beyond a scrivener’s error.
d. Change the text to increase internal consistency of this title (Zoning Code).
Page 48 of 69
January 2020
2. The Mayor may request the Director to initiate an amendment to the text of this
title, or by the request of the Mayor on behalf of the City Council or the Planning
Commission.
B. Public-initiated text amendments.
1. Any member of the public may submit an application requesting to amend the text
of this Title using the City’s established application process.
18.68.030 Types of amendments and processing.
There are three types of map amendments and two types of text amendments; the
descriptions and processing procedures for these shall be as follows:
A. Map amendment types:
1. A “Site-Specific Rezone, Category 1”, is an application requesting to rezone a
property to a zoning district that implements the Comprehensive Plan land use map
designation applied to the property. This type of rezone shall be processed as a
Type IV decision, consistent with ACC 14.03.040.
2. A “Site-Specific Rezone, Category 2”, is an application requesting to rezone a
property to a zoning district that does not implement (i.e. is in conflict with) the
existing Comprehensive Plan land use map designation applied to the property, and
a concurrent Comprehensive Plan amendment application must be submitted. This
type of rezone shall be processed as a legislative non-project decision, consistent
with ACC 14.03.060.
3. An “Area-Wide Rezone” is a rezone initiated either by the City or by multiple
property owners that applies to a significant number of properties, as determined by
the Director. This type of rezone shall be processed as a legislative non-project
decision, consistent with ACC 14.03.060.
B. A “Zoning Text Amendment” is an application to change the text of Title 18 ACC.
This type of application or initiation shall be processed as a legislative non-project
decision, consistent with ACC 14.03.060. Public notice shall be provided consistent with
Title 14 ACC.
1. Substantive zoning text amendments. For the purposes of this chapter,
substantive zoning text amendments shall be distinguished from procedural or
administrative amendments in accordance with the following: “Substantive” matters
relate to regulations that define or limit what can be done in terms of conduct, use or
action (e.g., what land use may be made of property, what requirements apply to
development, and what public infrastructure may be required of certain
developments).“Procedural” or “administrative” matters are those that relate to the
process of how an application to take such action must be pursued (e.g., time limits
for decisions and appeals, what forms must be used, and where or how applications
must be submitted. Essentially, “procedural” or “administrative” matters are the
mechanical rules by which substantive issues may be pursued). Substantive text
amendments shall be reviewed by the Planning Commission and the Planning
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January 2020
Commission shall conduct a public hearing and make a recommendation before
being presented to the City Council for consideration and action.
2. Procedural zoning text amendments. Text amendments that are purely
administrative or procedural do not require a public hearing, nor do they require
preliminary review or recommendations by the Planning Commission and can
therefore be presented directly to City Council for action.
18.68.040 Rezone (zoning map amendment) approval criteria.
There is no presumption of validity for a rezone (zoning map amendment) and the
applicant has the burden of proof in establishing compliance with all of the following
criteria:
A. The rezone implements the policies of the Comprehensive Plan; or
B. The rezone is necessary due to a substantial change in circumstances since the
original zoning; and
C. The rezone bears a substantial relationship to the public health, safety, or welfare.
18.68.050Amendments to rezone requests.
Prior to adoption of a rezone ordinance, a requested rezone may be changed,
conditioned or modified by the hearing examiner, Planning Commission, or city council
when under their appropriate jurisdiction without requiring additional hearings, subject to
the following:
A. The modification or change shall not result in a more intense zone than the one
requested; or
B. The area of the request shall not be enlarged, however, the area may be lessened.
18.68.060 Contract rezones.
In order to mitigate any impacts that may result from a rezone the city may enter into a
contract with the property owner. The contract shall outline the conditions of approval
and the obligations of the property owner. The contract shall be binding upon the owner
and his heirs, assigns and successors. The contract shall run with the land, be signed
by the property owner(s) and be recorded with the appropriate King County office, for
properties located in King County, or recorded at the appropriate Pierce County office
for properties located in Pierce County. Any amendments to the contract shall be
approved by the city council. The preferred form of the contract rezone is a
development agreement as authorized by RCW 36.70B.170 - .210 and WAC 365-196-
845.
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January 2020
18.02.080 Zoning map.
A. “Zoning map,” as used in this title, is that certain map, three copies of which are on
file in the office of the city clerk, labeled “Comprehensive Zoning Map of the City of
Auburn, Washington,” dated June 1, 1987, and adopted by Ordinance No. 4230 and
signed by the mayor and city clerk, along with all amendments thereto. The types of
zoning map amendments are listed in ACC 18.68.030(A).
B. Current copies of the zoning map are available for examination and/or purchase at
the community development department. The zoning map is adopted and made a part
of the comprehensive zoning ordinance, with the most current amended copy serving as
the official zoning map.
18.36.020 Process.
The approval process for business parks is in two steps. The first step in the conceptual
approval of the business park, by the hearing examiner and city council, this step also
approves the rezone to the business park district. The second step is the approval of
the site plan by the planning director.
A. Conceptual Approval.
1. Conceptual approval of a business park shall be applied by the rezone process
as specified in ACC 18.68.030(A)(1). The rezone shall be a contract rezone and
shall include an agreement that establishes the type, square footage and general
location of the uses; the location and size of the park; restrictive covenants; public
improvements; and the responsibilities of the owner/developer.
2. A BP district shall only be approved when the owner/developer has demonstrated
that a public benefit will result and the project contains architectural, site, and
landscape design standards that are significantly superior to those typically required
in the other industrial and commercial zones.
3. No significant impacts on the public infrastructure shall occur that cannot be
effectively mitigated by the development of the business park.
4. If the approval of the business park requires a subdivision of property, the
preliminary plat may be processed concurrently.
2.46.035 Powers and areas of jurisdiction.
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January 2020
The hearing examiner shall have the power to receive and examine available
information, conduct public hearings, prepare a record thereof and enter findings of fact,
conclusions based upon those facts and enter decisions as provided by ordinance.
Notwithstanding any other provision in the Auburn City Code, the hearing examiner’s
areas of jurisdiction shall include those matters contained in this chapter.
A. The decision of the hearing examiner on the following matters shall be final:
1. Appeals of assessed civil penalties. (ACC 1.25.065(E))1
2. Appeals regarding the city’s decision on refunds from the construction sales tax
exemption. (ACC 3.60.036(F))
3. Appeals from the planning director’s denial of an application for a multifamily tax
exemption (MFTE). (ACC 3.94.070(F))
4. Appeals from the planning director’s denial of an extension of a conditional
certificate for MFTE. (ACC 3.94.090(B))
5. Appeals of a dangerous dog determination. (ACC 6.35.020(D))
6. Appeals of a decision by the planning director regarding expansion of hours for
construction noise. (ACC 8.28.010(B)(8)(d))
7. Appeals of a decision by the city engineer regarding construction permits. (ACC
12.24.090(C))
8. Appeals of a decision by the city engineer regarding undergrounding of utilities.
(ACC 13.32A.130(D))
9. Appeals of decisions by the building official or fire code official regarding building
and code violations. (ACC 15.07.130)1
10. Applications for a shoreline conditional use permit (Shoreline Master Program
Section 6.1.8) and/or a shoreline variance (Shoreline Master Program Section 6.1.9)
(note that, by statutes, the State Department of Ecology has final approval authority).
B. The decision of the hearing examiner on the following matters shall be final unless
such decision is appealed to the city council as provided in this chapter:
1. Appeals from denial, civil penalty suspension or revocation of a business license.
(ACC 5.15.070)
2. Appeals from denial of a rental housing business license. (ACC 5.22.060(D))
3. Appeals from revocation or notice of intent to revoke a rental housing business
license. (ACC 5.22.080(B))
C. The decision of the hearing examiner on the following matters shall be the final
administrative decision of the city:
1. Appeals from the planning director’s denial of a final certificate for multifamily
property tax exemption (MFTE). (ACC 3.94.100(G))
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January 2020
2. Appeals from the planning director’s cancellation of a tax exemption for MFTE.
(ACC 3.94.120(C))
3. Appeals of a decision by the public works director regarding commute trip
reductions. (ACC 10.02.120)
4. Appeals from denial of an adult entertainment establishment license, issuance or
renewal. (ACC 5.30.070)
5. Appeals of a decision by the public works director regarding required public
improvements. (ACC 12.64A.060)
6. Appeals of a decision by the public works director regarding system
development charges. (ACC 13.41.070)
7. Hear and resolve tenant complaints against landlords regarding utility billing
practices (third party billing). (ACC 13.52.050)
8. Appeals of a decision by the planning director on a relocation report and plan
related to the closure of a mobile home park. (ACC 14.20.120)
9. Appeals of a decision by the floodplain administrator on floodplain development
permits. (ACC 15.68.125)
10. Appeals of a decision by the landmarks and heritage commission on historical
designations. (ACC 15.76.040)
11. Appeals of a decision by the SEPA responsible official on threshold
determinations (ACC 16.06.250) – public hearing needed.
12. Appeals from critical area review decisions. (ACC 16.10.140)
13. Applications for a reasonable use exception due to critical area regulations.
(ACC 16.10.150)
14. Applications for a buffer width variance of critical areas regulations which
exceeds 10 percent of a quantifiable standard. (ACC 16.10.160)
15. Applications for a public agency special exception to critical area regulations.
(ACC 16.10.170)
16. Appeals from a decision of the planning director regarding boundary line
adjustments. (ACC 17.06.030)
17. Applications for a preliminary plat. (ACC 17.10.050)
18. Applications for modification of standards and specifications related to a
preliminary plat. (ACC 17.18.010)
19. Applications for alteration of any subdivision. (ACC 17.20.030)
20. Appeals from a decision of the planning director regarding site plan approval of
a business park. (ACC 18.36.020(B))
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January 2020
21. Applications for a special home occupation permit. (ACC 18.60.040(A))
22. Applications for a surface mining permit. (ACC 18.62.030)
23. Appeals from a decision of the planning director regarding administrative use
permits. (ACC 18.64.020(A))
24. Applications for a conditional use permit. (ACC 18.64.020(B))
25. Applications for a variance. (ACC 18.70.010)
26. Appeals from a decision of the planning director regarding administrative
variances. (ACC 18.70.015)
27. Applications for a special exception. (ACC 18.70.020)
28. Applications for a variance in the regulatory floodplain. (ACC 18.70.025)
29. Appeals from any administrative decision under ACC Title 18, Zoning. (ACC
18.70.050)
30. Appeals from a decision of the planning director regarding fire impact fees.
(ACC 19.06.080)
31. Appeals from a decision of the parks director regarding park impact fees. (ACC
19.08.040)
D. On the following matters, the hearing examiner shall enter findings of fact,
conclusions of law, and recommendations to the city council:
1. Applications for vacating a subdivision or portion of a subdivision, or any land
dedicated for public use, except rights-of-way associated with public streets. (ACC
17.22.030)
2. Application for a business park (conceptual approval). (ACC 18.36.020(A))
3. Applications for a Site-Specific Rezone, Category 1. (ACC 18.68.030(A)(1)
4. Applications for major amendments to the Lakeland Hills PUD. (ACC 18.76.130)
1 The appeal shall be processed and the hearing conducted according to the
provisions of ACC 15.07.130.
14.03.040 Type IV decisions.
Type IV decisions are quasi-judicial decisions made by the city council following a
recommendation by the hearing examiner. Type IV decisions include, but are not limited
to, the following project applications:
Site Specific Rezone, Category 1.
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AGENDA BILL APPROVAL FORM
Agenda Subject:
Ordinance No. 6780 (Tate)
Date:
July 14, 2020
Department:
Community Development
Attachments:
Ordinance No. 6780
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
City Council to adopt Ordinance No. 6780.
Background Summary:
A Just Cause Eviction Ordinance (JCEO) protects tenants from being forced to leave their
rental home without reasonable justification. W ashington state law prohibits unf air, retaliatory
evictions, a critical tenant protection (RCW 59.18.240; RCW 59.18.250). However, locally
enforced JCEOs clearly enumerate the grounds on which landlords can end a tenancy. Any
evictions or terminations of tenancy outside those specified by the ordinance are considered
illegal once the JCEO is in ef f ect.
City staff presented an overview of JCEO concepts during study session discussions on July
18, 2018 and April 22, 2019 as part of larger presentations related to various tenant
protection programs in place throughout the region. Staf f provided materials that the City of
Seattle had assembled outlining their JCEO. A number of other cities in W ashington State
also have adopted a JCEO (including Burien and Federal Way). After researching multiple
JCEO examples and interviewing staf f from other municipalities, Burien was selected as a
template for the creation of a draft JCEO f or consideration by Auburn City Council.
There are a number of reasons for the preparation of the JCEO f or Council consideration at
this time:
1. Council previously expressed interest in adopting a JCEO in Auburn.
2. It is a policy action that is consistent with the recommendations contained in the
Regional Af f ordable Housing Task Force 5 Year Action Plan.
3. It is a policy action that is consistent with the Joint Recommendations Committee for
the 2020 State Legislative Agenda (of which Auburn is a member).
4. It is a policy action that is consistent with the South King Housing and Homelessness
Partners (SKHHP).
5. The high degree of concern that the recent spike in high unemployment rates due to
COVID 19 and its associated economic impact.
6. The concern that the Governor’s temporary moratorium on residential tenant evictions
will expire on August 1, 2020.
In addition to establishing codif ied reasons f or why a landlord may evict a tenant a
JCEO also establishes local requirements f or the notification timeframes that a landlord
Page 55 of 69
must abide by when increasing rental rates. Under Washington State law, a landlord is
required to provide a minimum of 60 days notice that rental rates are increasing,
irrespective of how much the landlord intends to increase rent. A JCEO can establish
longer notification timef rames for more significant rent increases by establishing a
percentage increase threshold and a longer timef rame. In the draf t ordinance attached
as Exhibit A, staff is proposing to establish a 120 day notif ication requirement when the
rent will increase by more than 5%. Both the percent threshold and the number of days
are highlighted below as one of the policy questions for City Council to consider. The
reason that it is important to provide more notif ication for larger increases in rent is
because the tenant may not be able to afford the increase which means they will need
to f ind a new housing option. And f inding a new housing option will require the tenant to
secure f unds associated with the cost of moving, security deposit for the new home,
and first and last month’s rent. When combined with the potential other costs
associated with setting up new utility accounts, changing school districts, f inding new
child care, etc. it is dif f icult for the tenant to be prepared to move to a new home with a
60 day notification.
Another advantage of a JCEO is that it allows a City to assist tenants and landlords in
areas the City currently has no authority. While the landlord tenant laws are well
established and are intended to protect both parties, the City does not have authority to
enf orce these laws. Enf orcement is remedied through the courts. A JCEO provides
the City with a tool to assist in some areas of landlord tenant relations.
Ordinance 6780 was presented to City Council during the Community W ellness Special
Focus Area Study Session on July 13, 2020. City Council accepted staf f ’s
recommendation to advance the ordinance to the July 20, 2020 City Council agenda for
action.
Rev iewed by Council Committees:
Councilmember:Trout-Manuel Staff:Tate
Meeting Date:July 20, 2020 Item Numb er:ORD.B
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Ordinance No. 6780
July 14, 2020
Page 1 of 13
ORDINANCE NO. 6 7 8 0
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, CREATING A NEW CHAPTER
5.24 OF THE CITY CODE REGARDING A CITY OF AUBURN
RENTAL HOUSING POLICY
WHEREAS, earlier this year, the World Health Organization has announced novel
coronavirus (COVID-19) is officially a global pandemic; and
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; and
WHEREAS, the Washington Governor also declared a State of Emergency due to
new cases of COVID-19; and
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; and
WHEREAS, in addition to the COVID-19 challenges that can affect payment of
residential rent, it is appropriate to establish regulations supporting the issues of
increasing housing security and enforcement mechanisms as they relate to rental housing
within the City limits of Auburn; and
WHEREAS, it is the City's intent to continue its commitment to maintain vibrant
and diverse neighborhoods within Auburn, while balancing the needs of landlord and
tenants.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows:
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Ordinance No. 6780
July 14, 2020
Page 2 of 13
Section 1. New Chapter 5.24 to City Code. A new Chapter 5.24 of the Auburn
City Code is hereby created to read as follows:
Chapter 5.24
Rental Housing Policy
Sections:
5.24.010 Purpose and Intent.
5.24.020 Definitions.
5.24.030 Distribution of information required.
5.24.040 Deposit requirements, notice of rent increase requirements,
and installment payments permitted.
5.24.050 Notice requirement generally-reasonable accommodation
request.
5.24.060 Notice of proposed sale of low-income housing.
5.24.070 Just Cause Eviction
5.24.080 Compliance and enforcement.
5.24.010 Purpose and Intent.
The purpose of this chapter is to establish regulations supporting the topic
of increasing housing security, and to establish standards and enforcement
mechanisms as they relate to rental housing within the City limits of Auburn. It is
the City's intent to continue its long-term commitment to maintain vibrant and
diverse neighborhoods within Auburn. The regulations contained in this chapter
balance the needs of the landlord, tenant, and the City while creating a partnership
to ensure safe, healthy, and thriving rental housing in Auburn. The City recognizes
that the renting of residential property is a commercial venture where owners and
landlords must evaluate risk, profit, and loss. Providing housing for Auburn
residents directly impacts quality of life at the most basic level, and therefore
requires regulations to ensure that it is equitably undertaken. This chapter strives
to ensure housing security for current and future residents, and addresses
potential retaliation against tenants who make complaints about housing
conditions.
5.24.020 Definitions. Unless the context clearly requires otherwise, the
definitions in this section apply throughout this chapter:
A. "Assisted housing development" means a multifamily rental housing
development that both receives government assistance and is defined as federally
assisted housing in RCW 59.28.020, or that receives other federal, state, or local
government assistance and is subject to use restrictions.
B. "Days" means calendar days unless otherwise provided.
D. "Director" means the Director of the City of Auburn Department of
Community Development, or the Director's designee.
E. "Dwelling unit" means a structure or part of a structure used as a
home, residence, or sleeping place by one, two, or more persons maintaining a
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Ordinance No. 6780
July 14, 2020
Page 3 of 13
common household, including, but not limited to, single-family residences and
multiplexes, apartment buildings, and mobile homes.
E. "Immediate family member" includes the spouse or domestic partner,
dependent children, and other dependent relatives.
F. "Landlord" means a landlord as defined in and within the scope of
RCW 59.18.030 and RCW 59.18.040 of the Residential Landlord Tenant Act of
1973 ("RLTA") in effect at the time the rental agreement is executed. As of the
effective day of this ordinance, the RLTA defines "landlord" as "the owner, lessor,
or sub-lessor of the dwelling unit or the property of which it is a part, and in addition
means any person designated as representative of the owner, lessor, or sub-lessor
including, but not limited to, an agent, a resident manager, or a designated property
manager."
G. "Non-refundable move-in fees "means non-refundable payment paid
by a tenant to a landlord to cover administrative, pet, or damage fees, or to pay for
cleaning of the dwelling unit upon termination of the tenancy, but does not include
payment of a holding fee authorized by RCW 59.18.253(2).
H. "Owner" means "Owner" means the owner of record as shown on
the last King County tax assessment roll or such owner's authorized agent.
1. "Rent" or "rental amount" means recurring and periodic charges
identified in the rental agreement for the use and occupancy of the premises, which
may include charges for utilities. These terms do not include nonrecurring charges
for costs incurred due to late payment, damages, deposits, legal costs, or other
fees, including attorneys' fees. PROVIDED, however, that if, at the
commencement of the tenancy, the landlord has provided an installment payment
plan for nonrefundable fees or deposits for the security of the tenant's obligations
and the tenant defaults in payment, the landlord may treat the default payment as
rent owing.
J. "Rental agreement" means all agreements which establish or modify
the terms, conditions, rules, regulations, or any other provisions concerning the
use and occupancy of a dwelling unit."
K. "Security deposit" means a refundable payment or deposit of money,
however designated, the primary function of which is to secure performance of a
rental agreement or any part of a rental agreement. "Security deposit" does not
include a fee.
L. "Substantial rehabilitation" means extensive structural repair or
extensive remodeling and requires a building, electrical, plumbing, or mechanical
permit for the tenant's dwelling unit at issue. Any "substantial rehabilitation" as
provided herein requires displacement of a tenant.
M. "Tenant" means any person who is entitled to occupy a dwelling unit
primarily for living or dwelling purposes under a rental agreement.
5.24.030 Distribution of information required.
A. Distribution of resources by landlord.
1. At the time a prospective tenant applies to reside in a dwelling unit,
the landlord shall provide the prospective tenant with the landlord's written rental
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Ordinance No. 6780
July 14, 2020
Page 4 of 13
criteria and, once created by the City, with a City of Auburn informational website
address designated by the City for the purpose of providing information about the
property and its landlord, which may include, but is not limited to, local code
enforcement information relating to properties within City limits, and a website
address for the Washington Secretary of State for the purpose of providing
information on how to register to vote or change their address, if the individual is
already registered to vote.
2. In the event a prospective tenant cannot reasonably access the
internet and at their request, a landlord shall provide the prospective tenant a paper
copy of the property and landlord information that can be found on the website
identified above.
B. Distribution of information packets by landlord.
1. The Director shall prepare and update as necessary, summaries of
this chapter, the Auburn Building and Property Maintenance Code (ACC 15.20),
state RLTA (RCW 59.18), Forcible Entry and Forcible and Unlawful Detainer (RCW
59.12), and Fair Housing laws, describing the respective rights, obligations, and
remedies of landlords and tenants, including information about legal resources
available to tenants.
2. A landlord shall provide a copy of the summaries prepared by the
Director to any tenant or prospective tenant when a rental agreement is offered,
whether or not the agreement is for a new or renewal agreement.
3. Where there is an oral rental agreement, the landlord shall give the
tenant copies of the summaries described herein, either before entering into the
oral rental agreement or as soon as reasonably possible after entering into the oral
rental agreement.
4. For existing tenants, landlords shall, within 30 days after the
summaries are made available by the City, distribute current copies of the
summaries to existing tenants.
5. The initial distribution of information to tenants must be in written
form and landlords shall obtain the tenant's signature documenting tenant's receipt
of such information. If a tenant refuses to provide a signature documenting the
tenant's receipt of the information, the landlord may draft a declaration stating
when and where the landlord provided tenant with the required information. After
the initial distribution of the summaries to tenants, a landlord shall provide existing
tenants with updated summaries by the City, and may do so in electronic form
unless a tenant otherwise requests written summaries.
6. The packet prepared by the Director includes informational
documents only, and nothing in the summaries therein shall be construed as
binding on or affecting any judicial determination of the rights and responsibilities
of landlords and tenants, nor is the Director liable for any misstatement or
misinterpretation of the applicable laws.
C. Notice of resources. A landlord is required to provide a copy of
resource summary, prepared by the City, to any tenant when the landlord provides
a notice to a tenant under RCW 59.12.030.
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Ordinance No. 6780
July 14, 2020
Page 5 of 13
5.24.040 Deposit requirements, notice of rent increase requirements and
installment payments permitted.
A. A landlord may not increase the rent or charge any non-rent charges
except in accordance with this section, unless such increase or charge has been
agreed to in writing signed by landlord and tenant at the time of entering into the
initial lease or rental agreement:
1. A landlord may not increase the rent of a tenant by more than five
percent (5%) of the rent unless the landlord has provided the tenant with notice of
the rent increase at least one hundred twenty (120) days before such increase
shall take effect. Any rental increase of five percent (5%) or less may be served in
accordance with state or other applicable law.
(a) In the event of an increase of more than five percent (5%) of the rent,
the tenant may terminate the tenancy immediately upon surrendering the dwelling
unit at any point prior to the increase taking effect. The tenant shall only owe pro
rata rent through the date upon which the premises are surrendered. Any notice
increasing the rent above five percent (5%) of the current rent shall inform the
tenant that they may terminate the tenancy at any time and owe pro rata rent
through the date the tenant surrenders the dwelling unit.
(b) Any notice of a rent increase shall be served in accordance with
RCW 59.12.040.
2. Any amount paid to the landlord by the tenant at the commencement
of the tenancy charged for the purpose of procuring and obtaining a dwelling unit,
including the deposit or as security for performance of the tenant's obligations in a
lease or rental agreement, must not exceed the allowable monthly rent as
permitted by this chapter; Any landlord under this section must offer to the tenant
prior to entering into the rental agreement the opportunity to pay amounts as
deposit or security for performance over six months upon moving into the unit.
3. Any fees for late payment of rent shall not exceed ten dollars
($10.00) per month. No other fees may be charged for late payment of rent,
including for the service of any notice required under state law, or any legal costs,
including court costs and attorney’s fees, unless such fee is agreed to in writing
signed by landlord and tenant at the time of entering into the initial lease or rental
agreement.
4. No other fees may be charged in connection with the lease or rental
agreement unless such fee is agreed to in writing signed by landlord and tenant at
the time of entering into the initial lease or rental agreement, Provided that the
landlord may recoup from the tenant actual costs incurred by the landlord and
caused by or attributable to the tenant if consistent with written the lease or rental
agreement.
B. Installment payments, generally. Upon a tenant's written request,
tenants may pay security deposits, non-refundable move-in fees, and/or last
month's rent in installments as provided herein; except that the tenant cannot elect
to pay the security deposit and non-refundable move-in fees in installments if (1)
the total amount of the security deposit and nonrefundable move-in fees does not
exceed 25 percent of the first full month's rent for the tenant's dwelling unit; and
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Ordinance No. 6780
July 14, 2020
Page 6 of 13
(2) payment of last month's rent is not required at the inception of the tenancy.
Landlords may not impose any fee, charge any interest, or otherwise impose a
cost on a tenant because a tenant elects to pay in installments. Installment
payments are due at the same time as rent is due. All installment schedules must
be in writing, signed by both parties.
B. Fixed-term tenancies for three months or longer. For any rental
agreement term that establishes a tenancy for three months or longer, the tenant
may elect to pay the security deposit, non-refundable move-in fees, and last
month's rent, excluding any payment made by a tenant to the landlord prior to the
inception of tenancy to reimburse the landlord for the cost of obtaining a tenant
screening report, in three consecutive, equal monthly installments that begin at the
inception of the tenancy.
C. Month-to-month or two-month tenancy. For any rental agreement
term that establishes a tenancy from month-to-month or two months, the tenant
may elect to pay the security deposit, non-refundable move-in fees, and last
month's rent, excluding any payment made by a tenant to the landlord prior to the
inception of tenancy to reimburse the landlord for the cost of obtaining a tenant
screening report, in two equal installments. The first payment is due at the
inception of the tenancy, and the second payment is due on the first day of the
second month or period of the tenancy.
D. A tenant's failure to pay a security deposit, non-refundable move-in
fees, and last month's rent according to an agreed payment schedule is a breach
of the rental agreement and subjects the tenant to a fourteen-day notice pursuant
to RCW 59.12.030(4), and shall mean that the entire amount of any outstanding
payments shall become due when the next rent payment is due, unless otherwise
agreed to in writing by the landlord and tenant.
E. Paying in installments does not apply to a landlord obtaining a tenant
screening report, which report cost paid by the tenant shall be limited to the
standard and actual cost of the tenant screening report.
F. No security deposit may be collected by a landlord unless the rental
agreement is in writing and a written checklist or statement specifically describing
the condition and cleanliness of or existing damages to the premises and
furnishings, including, but not limited to, walls, floors, countertops, carpets, drapes,
furniture, and appliances, is provided by the landlord to the tenant at the beginning
of the tenancy. The checklist or statement shall be signed and dated by the
landlord and the tenant, and the tenant shall be provided with a copy of the signed
checklist or statement.
G. A landlord must place any required security deposit in a trust account
and provide a written receipt and notice of the name, address, and location of the
depository and any subsequent change thereof to the tenant, in compliance with
the requirements of RCW 59.18.270.
H. Nothing in this Chapter 5.24 prohibits a landlord from bringing an
action against a tenant to recover sums exceeding the amount of the tenant's
security deposit for damage to the dwelling unit for which the tenant is responsible.
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The landlord may seek attorney's fees for such an action as authorized by chapter
59.18 RCW.
5.24.045 Temporary COVID-19 Rental Enforcement Restrictions.
A. During the term of the Emergency Proclamations issued by
Washington State Governor Jay Inslee related to the COVID-19 Pandemic,
including the Governor’s Proclamation 20-05, and any amendments and
extensions thereto, landlords, property owners, and property managers are
prohibited from treating any unpaid rent or other charges related to a dwelling or
parcel of land occupied as a dwelling as an enforceable debt or obligation that is
owing or collectable, where such non-payment was as a result of the COVID-19
outbreak and where it occurred on or after February 29, 2020, the date when the
initial State of Emergency was proclaimed in all counties in Washington State. This
includes attempts to collect, or threats to collect, through a collection agency, by
filing an unlawful detainer or other judicial action, withholding any portion of a
security deposit, billing or invoicing, reporting to credit bureaus, or by any other
means. This prohibition does not apply to a landlord, property owner, or property
manager who demonstrates by a preponderance of the evidence to a court that
the resident was 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. The enforcement restrictions set forth herein shall
only apply to rental payment amounts during the time the Governor’s Emergency
Proclamation 20-05, and any amendments and extensions thereto are in effect.
B. This Section 5.24.045 of the City Code shall automatically expire and
shall be repealed without any other action by the City Council at such time as there
are no remaining payments due and/or enforcement actions that could be brought
hereunder, or one year after the effective date of this Ordinance, whichever comes
first.
5.24.050 Notice requirement generally - reasonable accommodation request.
A landlord shall review and comply with all reasonable accommodation
requests received from a tenant related to the service of any notice required by
this chapter.
5.24.060 Notice of proposed sale of low-income housing.
Owners of a multifamily rental housing building having five or more housing
units, anyone of which rents for an amount that is affordable to households at or
below 80 percent of area median income, as median income was most recently
determined by the United States Department of Housing and Urban Development,
shall notify the Director of the owner's intent to sell the building. The notice shall
be in writing and include the owner's name, phone number, and the address of the
rental housing building that will be listed for sale. The notice shall be mailed no
later than 60 days prior to the building being listed with any real estate service or
advertised for sale either in a printed newspaper or website. For the purposes of
this subsection, a building is "listed" when an owner has signed a listing agreement
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with a real estate agent. Owners of multifamily buildings having five or more
housing units who are otherwise required by law or agreement to notify the Director
of the owner's intent to sell or transfer the building and who have provided such
notice are exempt from the notice requirement of this subsection.
5.24.070 Just Cause Eviction
A. Pursuant to provisions of the Washington State Residential
Landlord-Tenant Act (RCW 59.18.290), owners may not evict residential tenants
without a court order, which can be issued by a court only after the tenant has an
opportunity in a show cause hearing to contest the eviction (RCW 59.18.380).
Owners of housing units shall not evict or attempt to evict any tenant, or otherwise
terminate or attempt to terminate the tenancy of any tenant unless the owner can
prove in court that just cause exists. Owners may not evict residential tenants from
rental housing units if the units are not licensed with the City of Auburn as required
by ACC Chapter 5.62, regardless of whether just cause for eviction may exist. An
owner is in compliance with licensing requirement if the rental housing unit is
licensed with the City of Auburn pursuant to ACC Chapter 5.62 before entry of a
court order authorizing eviction or before a writ of restitution is granted. A court
may grant a continuance in an eviction action in order to give the owner time to
license the rental housing unit. The reasons for termination of tenancy listed below,
and no others, shall constitute just cause under this Section ACC 5.24.070:
1. The tenant fails to comply with a fourteen-day notice to pay rent or
vacate pursuant to RCW 59.12.030(3); a ten day notice to comply or vacate
pursuant to RCW 59.12.030(4); or a three day notice to vacate for waste, nuisance
(including a drug-related activity nuisance pursuant to chapter RCW 7.43), or
maintenance of an unlawful business or conduct pursuant to RCW 59.12.030(5);
2. The tenant habitually fails to pay rent when due which causes the
owner to notify the tenant in writing of late rent four or more times in a 12-month
period;
3. The tenant fails to comply with a ten-day notice to comply or vacate
that requires compliance with a material term of the rental agreement or that
requires compliance with a material obligation under chapter 59.18.130 RCW;
4. The tenant habitually fails to comply with the material terms of the
rental agreement which causes the owner to serve a ten-day notice to comply or
vacate three or more times in a 12-month period;
5. The owner seeks possession so that the owner or a member of his
or her immediate family may occupy the unit as that person's principal residence
and no substantially equivalent unit is vacant and available in the same building,
and the owner has given the tenant at least 90 days' advance written notice of the
date the tenant's possession is to end. The Director may reduce the time required
to give notice to no less than 60 days if the Director determines that delaying
occupancy will result in a personal hardship to the owner or to the owner's
immediate family. Personal hardship may include but is not limited to hardship
caused by illness or accident, unemployment, or job relocation. There is a
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rebuttable presumption of a violation of this subsection 5.24.070(A)(5) if the owner
or a member of the owner's immediate family fails to occupy the unit as that
person's principal residence for at least 60 consecutive days during the 90 days
immediately after the tenant vacated the unit pursuant to a notice of termination or
eviction using this subparagraph as the cause for eviction;
6. The owner elects to sell a dwelling unit subject to the provisions of
this Chapter and gives the tenant at least 90 days' written notice prior to the date
set for vacating, which date shall coincide with the end of the term of a rental
agreement, or if the agreement is month to month, with the last day of a monthly
period. The Director may reduce the time required to give notice to no less than 60
days if the Director determines that providing 90 days' notice will result in a
personal hardship to the owner. Personal hardship may include but is not limited
to hardship caused by illness or accident, unemployment, or job relocation. For the
purposes of this subsection, an owner "elects to sell" when the owner makes
reasonable attempts to sell the dwelling within 30 days after the tenant has
vacated, including, at a minimum, listing it for sale at a reasonable price with a
realty agency or advertising it for sale at a reasonable price in a newspaper of
general circulation. There shall be a rebuttable presumption that the owner did not
intend to sell the unit if:
(a) Within 30 days after the tenant has vacated, the owner does not list
the single-family dwelling unit for sale at a reasonable price with a realty agency
or advertise it for sale at a reasonable price in a newspaper of general circulation,
or
(b) Within 90 days after the date the tenant vacated or the date the
property was listed for sale, whichever is later, the owner withdraws the rental unit
from the market, rents the unit to someone other than the former tenant, or
otherwise indicates that the owner does not intend to sell the unit;
7. The tenant's occupancy is conditioned upon employment on the
property and the employment relationship is terminated;
8. The owner seeks to do substantial rehabilitation in the building and
gives the tenant at least 120 days' written notice prior to the date set for vacating.
To utilize this basis as the rationale for termination, the owner must obtain at least
one permit necessary for the rehabilitation before terminating the tenancy;
9. The owner elects to demolish the building, convert it to a cooperative,
or convert it to a nonresidential use and gives the tenant at least 120 days' written
notice prior to the date set for vacating. To utilize this basis as the rationale for
termination, the owner must obtain a permit necessary to demolish or change the
use before terminating any tenancy or converts the building to a condominium;
10. The owner seeks to discontinue use of a housing unit unauthorized
by ACC 18 after receipt of a notice of violation;
11. The owner seeks to reduce the number of individuals residing in a
dwelling unit to comply with the maximum limit of individuals allowed to occupy one
dwelling unit as required by ACC Titles 15 and 18, and
(a)(1) The number of such individuals was more than is lawful under the
current version of ACC Title 15 or Title 18; and
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(2) That number has not increased with the knowledge or consent of the
owner; and
(3) The owner is either unwilling or unable to obtain a permit to allow the
unit with that number of residents and
(b) The owner has served the tenants with a 30-day notice, informing
the tenants that the number of tenants exceeds the legal limit and must be reduced
to the legal limit; and
(c) After expiration of the 30-day notice, the owner has served the
tenants with and the tenants have failed to comply with a ten-day notice to comply
with the limit on the number of occupants or vacate, and
(d) If there is more than one rental agreement for the unit, the owner
may choose which agreements to terminate; provided that, the owner may either
terminate no more than the minimum number of rental agreements necessary to
comply with the legal limit on the number of occupants, or, at the owner's option,
terminate only those agreements involving the minimum number of occupants
necessary to comply with the legal limit;
12. An emergency order requiring that the housing unit be vacated and
closed has been issued pursuant to ACC 15 and the emergency conditions
identified in the order have not been corrected;
13. The owner seeks to discontinue sharing with a tenant of the owner's
own housing unit, i.e., the unit in which the owner resides, seeks to terminate the
tenancy of a tenant of an accessory dwelling unit that is accessory to the housing
unit in which the owner resides, or seeks to terminate the tenancy of a tenant in a
single-family dwelling unit and the owner resides in an accessory dwelling unit on
the same lot. This subsection does not apply if the owner has received a notice of
violation of the development standards of ACC Title 19;
14. A tenant, or with the consent of the tenant, the tenant's subtenant,
sublessee, resident, or guest, has engaged in criminal activity on the premises, or
on the property or public right-of-way abutting the premises, and the owner has
specified in the notice of termination the crime alleged to have been committed
and the general facts supporting the allegation, and has assured that the
Department has recorded receipt of a copy of the notice of termination. For
purposes of this subsection a person has "engaged in criminal activity" if he or she:
a. Engages in drug-related activity that would constitute a violation of
chapters 69.41,69.50, or 69.52 RCW, or
b. Engages in activity that is a crime under the laws of this state, but
only if the activity substantially affects the health or safety of other tenants or the
owner.
B. Any rental agreement provision which waives or purports to waive
any right, benefit or entitlement created by this Subsection 5.24.070 shall be
deemed void and of no lawful force or effect.
C. With any termination notices required by law, owners terminating any
tenancy protected by this section shall advise the affected tenant or tenants in
writing of the reasons for the termination and the facts in support of those reasons;
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D. If a tenant who has received a notice of termination of tenancy
claiming subsection 5.24.070(A)(5), 5.24.070(A)(6) or 5.24.070(A)(13) as the
ground for termination believes that the owner does not intend to carry out the
stated reason for eviction and makes a complaint to the Director, then the owner
must, within ten days of being notified by the Director of the complaint, complete
and file with the Director a certification stating the owner's intent to carry out the
stated reason for the eviction. The failure of the owner to complete and file such a
certification after a complaint by the tenant shall be a defense for the tenant in an
eviction action based on this ground.
E. In any action commenced to evict or to otherwise terminate the
tenancy of any tenant, it shall be a defense to the action that there was no just
cause for such eviction or termination as provided in this section.
F. It shall be a violation of this section for any owner to evict or attempt
to evict any tenant or otherwise terminate or attempt to terminate the tenancy of
any tenant using a notice which references subsections 5.24.070(A)(5),
5.24.070(A)(6), 5.24.070(A)(8), 5.24.070(A)(11), 5.24.070(A)(12) or
5.24.070(A)(13) as grounds for eviction or termination of tenancy without fulfilling
or carrying out the stated reason for or condition justifying the termination of such
tenancy.
G. An owner who evicts or attempts to evict a tenant or who terminates
or attempts to terminate the tenancy of a tenant using a notice which references
subsections 5.24.070(A)(5), 5.24.070(A)(6) 5.24.070 (A)(8) as the ground for
eviction or termination of tenancy without fulfilling or carrying out the stated reason
for or condition justifying the termination of such tenancy shall be liable to such
tenant in a private right for action for damages up to $2,000, costs of suit, or
arbitration and reasonable attorney's fees.
5.24.080 Compliance and enforcement.
A. Powers and duties of the Director.
1. The Director is authorized to enforce this chapter and may
promulgate rules and regulations consistent with this chapter.
2. The Director shall attempt to settle by agreement any alleged
violation or failures to comply with the provisions of this chapter; provided that
nothing herein shall create a right or entitlement of a landlord to settlement by
agreement.
3. The Director is authorized to request records from landlord and the
landlord shall allow the Director access to such records, as well as a complete
roster of tenants' names and contact information, when requested, with at least
five business days' notice and at a mutually agreeable time, to investigate potential
violations of the requirements of this chapter.
B. Violation.
1. If a violation of this chapter occurs, the Director shall utilize the
procedures outlined in Chapter 5.15 ACC.
2. The Director may waive or reduce the penalty if the landlord comes
into compliance within ten days of the Notice of Violation or shows that its failure
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to comply was due to reasonable cause and not willful neglect. If the Director finds
a willful violation of this chapter, which resulted in a Notice of Violation outlined
above, the Director may issue a Penalty that shall be $1,000.
3. Any civil penalties paid by the landlord shall be kept by the City and
may be utilized to help offset payments that are due by the tenant.
4. Any tenant claiming injury from any violation of this chapter shall be
entitled to bring an action in King County Superior Court or in any other court of
competent jurisdiction to enforce the provisions of this chapter, and shall be
entitled to all remedies available at law or in equity appropriate to remedy any
violation of this chapter, including declaratory or injunctive relief. A tenant who
prevails in any action to enforce this chapter shall be awarded his or her costs,
reasonable attorneys’ fees, and expenses.
a. A landlord who violates this chapter shall be liable for penalties of up
to two times the monthly rent of the dwelling unit at issue.
b. Failure of a landlord to comply with any of the provisions of this
chapter shall provide the tenant with a defense in any legal action brought by the
landlord to recover possession of the dwelling unit.
D. Administrative Review by the Director
1. General. A person to whom a Notice of Violation or penalty is
assessed may request an administrative review of the Notice of Violation or
penalty.
2. How to request administrative review. A person may request an
administrative review of the Notice of Violation or penalty by filing a written request
with the Director within ten-days from the date the Notice of Violation or penalty
was issued. The request shall state, in writing, the reasons the Director should
review the Notice of Violation or penalty. Failure to state the basis for the review in
writing shall be cause for dismissal of the review. Upon receipt of the request for
administrative review, the Director shall review the information provided. The City
has the burden to prove a violation exists by a preponderance of the evidence.
3. Decision of Director. After considering all of the information provided,
the Director shall determine whether a violation has occurred and shall affirm,
vacate, suspend, or modify the Notice of Violation or penalty. The Director's
decision shall be delivered, in writing, to the person to whom the notice of violation
was issued by personal delivery or first-class mail.
E. Appeals to the Hearing Examiner of Director's Decision. Appeal of
the Director's decision shall be made within ten days from the date of the Director's
decision by filing a written notice of appeal, clearly stating the grounds that the
appeal is based upon, with the Hearing Examiner, which appeal shall be governed
by ACC Chapters 2.46 and 5.15.
Section 2. Implementation. The Mayor is authorized to implement those
administrative procedures necessary to carry out the directives of this legislation.
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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.
INTRODUCED: ___________________
PASSED: _______________________
APPROVED: _____________________
CITY OF AUBURN
_______________________________
NANCY BACKUS, MAYOR
ATTEST: APPROVED AS TO FORM:
_____________________________ _______________________________
Shawn Campbell, MMC, City Clerk Kendra Comeau, City Attorney
Published: ____________________
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