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B.R oll Call
I I I .A G E ND A I T E MS F O R C O UNC I L D I S C US S I O N
A.Ordinance No. 6776 (Gaub)(15 Minutes)
A n O rdinance relating to recreational vehicle parking, amending S ection 10.36.191 of
the A uburn C ity C ode
Page 1 of 97
B.Ordinance No. 6781 (Tate)(30 Minutes)
A n Ordinance relating to Camping and Occupying P ublic P roperty, and amending
C hapters 2.22.210, 2.22.220, 9.50.020, 9.78.010, 12.32.020, 13.12.020, and
13.48.170 and adding a new S ection to C hapter 9.50 of the A uburn City Code
C .Ordinance No. 6783 (Thomas)(30 Minutes)
A n O rdinance amending Ordinance No. 6693, the 2019-2020 biennial budget
Ordinance, as amended by Ordinance No. 6712, Ordinance No. 6719, Ordinance No.
6720, Ordinance No. 6751, and O rdinance No. 6764, authorizing amendment to the
C ity of A uburn 2019-2020 budget as set f orth in S chedule “A ” and S chedule “B”
D .Ordinance No. 6785 (Thomas)(5 Minutes)
A n O rdinance amending Sections 3.40.020, 3.41.010, 3.42.020, 3.84.040 and
3.88.040 of the A uburn City C ode relating to the use of taxes imposed on utilities
E.Ordinance No. 6786 (Tate)(20 Minutes)
A n O rdinance creating a new Chapter 5.23 of the C ity Code regarding a C ity of
A uburn R ental Housing P olicy
F.Ordinance No. 6788 (Thomas)(5 Minutes)
A n O rdinance amending Ordinance No. 6777, extending the temporary waiver of late
fees f or Utility Accounts and A irport F ees, superseding certain Sections of A uburn C ity
C ode requiring payment of such late f ees as set forth in A uburn C ity C ode 12.56.045;
13.06.300; 13.06.511; 13.20.390; and 13.48.120, in light of a declared public health
emergency related to C O V I D-19
I V.MUNI C I PA L S E RV I C E S D I S C US S I O N I T E MS
A.Fireworks Update (O'Neil)(30 Minutes)
V.O T HE R D I S C US S I O N I T E MS
V I .NE W B US I NE S S
V I I .A D J O UR NME NT
Agendas and minutes are available to the public at the City Clerk's Office, on the City website
(http://www.auburnwa.gov), and via e-mail . Complete agenda packets are available for revi ew
at the City Clerk's Office.
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AGENDA BILL APPROVAL FORM
Agenda Subject:
Ordinance No. 6776 (Gaub)(15 Minutes)
Date:
August 18, 2020
Department:
Public Works
Attachments:
Draft Ordinance No. 6776
Presentation Slides
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
For discussion only.
Background Summary:
The Departments of Public Works, Community Development, Police, and Administration
worked together to propose changes to the City code to help address issues with
recreational vehicles parking within the public right-of-way.
Proposed updates to the Recreational Vehicle (RV) Parking code, ACC 10.36.191 include
the following:
Limit RV parking to 24 hours citywide within the public right-of -way
Create a parking permit program to allow RV parking for up to 72 hours, with limitations
Prohibit occupation of RVs overnight in the right-of-way
Ordinance 6776 may be presented to Council f or action on September 8, 2020.
Rev iewed by Council Committees:
Councilmember:Staff:Gaub
Meeting Date:August 24, 2020 Item Numb er:
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Ordinance No. 6776
8/17/2020
Page 1 of 4 Rev. 2019
ORDINANCE NO. 6776
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, RELATING TO RECREATIONAL
VEHICLE PARKING, AMENDING SECTION 10.36.191 OF
THE AUBURN CITY CODE
WHEREAS, ACC 10.36.191 currently limits recreational vehicle (RV) parking in
the public right-of-way to 24 hours in residential neighborhoods, and to 72 hours in non-
residential areas, and does not prohibit overnight RV occupancy;
WHEREAS, the parking of RVs within any public right-of-way for more than 24
hours and overnight RV occupancy in any public right-of-way can create a public nuisance
and hazard;
WHEREAS, the proposed amendment would limit RV parking in any public right-
of-way to 24 hours and create a parking permit program to allow RV parking for up to 72
hours under certain conditions;
WHEREAS, the City of Auburn chooses to use enforcement as a last resort and
instead will implement these standards in a manner that prioritizes a combination of
education and assistance in providing the RV occupant with alternatives for relocation;
WHEREAS, the proposed amendment would create restrictions and requirements
for recreational vehicles parking in the public right-of-way to reduce the likelihood of the
vehicles creating a public nuisance or hazard;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows:
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Ordinance No. 6776
8/17/2020
Page 2 of 4 Rev. 2019
Section 1. Amendment to City Code. Section 10.36.191 of the Auburn City
Code is amended to read as follows:
10.36.191 Recreational vehicle parking.
A. No person shall park any recreational vehicle, as defined in
ACC10.36.020, and referred to hereafter as “RV” on any street, alley or public
right-of-way in any residential neighborhood in the city for more than 24 hours.
except by permit as specified herein.
B. No RV may be occupied overnight while parked in any public right-
of-way.
C. The vehicle must meet all licensing requirements, pursuant to Section
10. 36.205 ACC.
D. The RV is parked such that it complies with all other City and State
parking laws and regulations
E. Repair or maintenance work on any RV is prohibited while parked in
the right-of-way, pursuant to Section 10.36.270(25) ACC.
F. Use of a generator by an RV parked in the public right-of-way shall
be limited in order to comply with Chapter 8.28 ACC.
G. Wires, hoses, cables, equipment, awnings, and other appurtenances
associated with any RV shall not be allowed to be extended, set across, or placed
within any portion of the public right-of-way.
H. RV Parking Permit: The City may issue permits that allow RVs to
park for up to three (3) consecutive days within any improved and open public
right-of-way with the following requirements, in addition to B through G above:
1. The permit is applied for, and issued to, an applicant who is the
property owner or lawful occupant, directly adjacent to, and on the same
side of the public right-of-way as the location where the RV is to be
parked.
2. A permit may not be issued for the same RV or the same property
location more than two (2) times in any twelve (12) month period.
3. No more than one permit may be in effect at any time for applicant(s)
of the same address.
4. The permit must identify the property location adjacent to which the
RV is to be parked, and must identify the RV by license plate number.
I. Permits issued under this Chapter may be revoked at any time by
the City.
J. B. The penalty for parking in violation of this section shall be a fine
of $250.00 per violation, in addition to other costs and assessments provided by
law. A violation of this section shall be considered a parking infraction and shall be
processed in accordance with the state statutes, court rules and city ordinances
regarding parking infractions. Each calendar day during which a violation occurs
shall constitute a separate infraction, and each instance when a recreational
vehicle or trailer parks at a location in violation of this section shall be a separate
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Ordinance No. 6776
8/17/2020
Page 3 of 4 Rev. 2019
violation. RVs parked in violation of this section are subject to impoundment
pursuant to ACC 10.36.360.
K. Nothing in this section is intended to limit the application or
enforceability of any Homeowner’s Association covenants and rules.
L. C. This section does not permit or authorize anyone to park any
recreational vehicle on any street within the city that does not have adequate space
for parking, or where a sight distance obstruction would be created, or where
parking is otherwise prohibited. (Ord. 6222 § 3, 2009; Ord. 6129 § 1, 2007; Ord.
6035 § 2, 2006.)
Section 2. Implementation. The Mayor is authorized to implement those
administrative procedures necessary to carry out the directives of this legislation.
Section 3. Severability. The provisions of this ordinance are declared to be
separate and severable. The invalidity of any clause, sentence, paragraph, subdivision,
section, or portion of this ordinance, or the invalidity of the application of it to any person
or circumstance, will not affect the validity of the remainder of this ordinance, or the validity
of its application to other persons or circumstances.
Section 4. Effective date. This Ordinance will take effect and be in force five
days from and after its passage, approval, and publication as provided by law.
INTRODUCED: _______________
PASSED: ____________________
APPROVED: _________________
____________________________
NANCY BACKUS, MAYOR
ATTEST:
APPROVED AS TO FORM:
Page 6 of 97
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Ordinance No. 6776
8/17/2020
Page 4 of 4 Rev. 2019
____________________________
Shawn Campbell, MMC, City Clerk
____________________________
Kendra Comeau, City Attorney
Published: ____________________
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Page 13 of 97
AGENDA BILL APPROVAL FORM
Agenda Subject:
Ordinance No. 6781 (Tate)(30 Minutes)
Date:
August 18, 2020
Department:
Community Development
Attachments:
Ordinance No. 6781
Adminis trative Policy - Homeles s Encampments
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
Schedule Ordinance No. 6781 for City Council action on September 8, 2020.
Background Summary:
Ordinance No. 6781 revises a number of chapters of Auburn City Code as they pertain to
camping. Proposed modifications include the following highlights:
Aligns the city’s camping ordinance with the 9th Circuit Court Boise decision.
Declares it unlawful to camp on city owned property without a permit or unless allowed
by the Parks Director on park property.
Change the penalty f or camping within a designated park from a ticketed of f ense to a
misdemeanor.
Conditions enforcement of camping rules on the availability of overnight shelter that is
free of charge. This provision includes the cost of transportation in the event
transportation to the shelter is necessary.
Ordinance No. 6781 was prepared in coordination with the City Attorney’s of f ice, the
Police Department, Parks, Arts and Recreation Department, Department of Community
Development, Public W orks Department, and Department of Administration.
Representatives f rom each department will be available to answer questions posed by
City Council.
Updated: Ordinance No. 6781 was presented to City Council during the July 27,
2020 Study Session meeting. City Council provide a number of questions and
responses to the draft ordinance. Reflected within this version of the draft ordinance
are the foll owing:
1. Additional Whereas recitals in the cover ordinance that are i ntended to better clarify
the l egisl ative intent of City Council . Of particular note is Counci l’s ongoing desire to
ensure that the ordinance is impl emented in a manner that l eads with services and
assistance to the homeless community and not with puni ti ve actions and penalties.
2. Incl usi on of the Administrative Pol icy that will be used when i mplementing the
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ordi nance. Council is not approving or denying the policy. It is provided so that
Council i s i n a better position to have clarity on the way i n whi ch the law would be
implemented. The Administrative Pol icy is included as Attachment B.
Rev iewed by Council Committees:
Councilmember:Brown Staff:Tate
Meeting Date:August 24, 2020 Item Number:
Page 15 of 97
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Ordinance No. 6781
August 17, 2020
Page 1 of 11 Rev. 2019
ORDINANCE NO. 6 7 8 1
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, RELATING TO CAMPING AND
OCCUPYING PUBLIC PROPERTY, AND AMENDING
CHAPTERS 2.22.210, 2.22.220, 9.50.020, 9.78.010,
12.32.020, 13.12.020, AND 13.48.170 AND ADDING A NEW
SECTION TO CHAPTER 9.50 OF THE AUBURN CITY
CODE
WHEREAS, Article XI, Section 11 of the Washington Constitution and RCW
35A.11.020 authorize the City of Auburn to regulate public property, including City parks,
rights of way, and public utility property; and
WHEREAS, camping on public property is a public health, safety, and risk concern
due to interference with other intended uses, such as daily government operations, public
events, recreational activities, utility service, and pedestrian, bicycle, and vehicular traffic;
and
WHEREAS, camping without adequate sanitation services, such as sewer, water,
and garbage removal presents a public health hazard due to the increased risk of disease
and virus transmission; and
WHEREAS, various public properties are developed for particular uses and should
be available to the public for the property’s intended purpose, including City operations,
recreational use, transportation, utility service, public service events, environmental
protection, and other public services; and
WHEREAS, the City of Auburn has contracted to provide shelter beds, and
partners with social service providers to ensure that shelter and health services are
available in Auburn for those experiencing homelessness; and
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Ordinance No. 6781
August 17, 2020
Page 2 of 11 Rev. 2019
WHEREAS, the use of dedicated shelters by those experiencing homelessness
facilitate these individuals receiving comprehensive services that may assist these
individuals obtain long-term stability; and
WHEREAS, City Council recognizes that within any law there are different
methods and philosophies in which it can be implemented and therefore finds that it is
important to provide clarity around the legislative intent of this ordinance; and
WHEREAS, the City Council is committed to a service first philosophy that ensures
all members of our community are treated with dignity and respect, and that city staff
implement administrative practices where housing, mental health, drug addiction,
employment, and other types of services are offered prior to punitive enforcement action;
and
WHEREAS, City Council seeks to ensure that the offering of services is not viewed
as a simple administrative checkbox that allows for an expedited method of implementing
the fines and penalties that are established in these amendments; and
WHEREAS, fines and penalties are to be imposed as a last resort and only in those
instances where a member of our community refuses to comply and refuses to accept
free shelter and/or free transportation to a free shelter; and
WHEREAS, City Council incorporates fines and penalties only because any law
that is adopted must include provisions for those rare instances where compliance is
unachievable in other ways; and
WHEREAS, the Ninth Circuit Federal Court of Appeals held, in Martin v. City of
Boise, that the United States Constitution prohibits imposition of criminal penalties for
sitting, sleeping, or lying outside on public property if the offenders cannot obtain shelter
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Ordinance No. 6781
August 17, 2020
Page 3 of 11 Rev. 2019
elsewhere, although the court recognized that prohibitions against sitting, lying, or
sleeping outside at particular times or in particular locations may be permissible since
other public space would still be available.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows:
Section 1. Amendment to City Code. Section 2.22.210 of Chapter 2.22, Park
Code, of the Auburn City Code is amended to read as follows:
2.22.210 Overnight use.Tents and shelters
Unless for a city-permitted event, no person shall erect, maintain, use or
occupy in any City of Auburn park a tent or shelter that does not have an
unobstructed view through such tent or shelter from at least two sides. Nothing in
this section shall be construed to authorize overnight camping, which is
prohibited in parks pursuant to ACC 9.50.030It is unlawful to camp or set tents or
other shelters overnight in any park, unless authorized by the director. Violation
of this section constitutes a Class 1 civil infraction pursuant to Chapter 7.80
RCW. (Ord. 6747 § 1 (Exh. A), 2019; Ord. 6465 § 1, 2013.)
Section 2. Amendment to City Code. Section 2.22.220 of Chapter 2.22, Park
Code, of the Auburn City Code is amended to read as follows:
2.22.220 Opening and closing hours.
A. Unless otherwise posted, parks shall open one-half hour before
sunrise and close one-half hour after sunset. Any person entering or remaining in
a park when it is closed is subject to arrest and prosecution for criminal trespass
or a class 1 civil infraction pursuant to Chapter 7.80 RCW.
B. The director may extend open hours for sanctioned events, but only that
portion of a park being used for the event will be open beyond normal hours;
other areas of such a park shall remain closed.
C. This section shall not apply to:
1. Police officers or park employees while on-duty.
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Ordinance No. 6781
August 17, 2020
Page 4 of 11 Rev. 2019
2. Sidewalks that are within the right-of-way of a public street, when the street is
not within the boundaries of a park. (Ord. 6747 § 1 (Exh. A), 2019; Ord. 6465 § 1,
2013.)
Section 3. Amendment to City Code. Section 9.50.20 of Chapter 9.50,
Loitering, is amended to read as follows:
9.50.020 Order to disperse.
A. Unless the activity is permitted by the city pursuant to city code, Iit is unlawful
for any person to loiter, loaf, wander, stand or remain idle either alone and/or in
consort with others in a public place in such a manner so as to:
1. Obstruct any public street, public highway, public sidewalk or any other public
place or building by hindering or impeding or tending to hinder or impede the free
and uninterrupted passage of vehicles, traffic or pedestrians;
2. Be onCommit in or upon any public street, public highway, public sidewalk or
any other public place or building any act or thing which is an obstruction or
interference to the free and uninterrupted and intentionally obstruct the use of
property or access to any lawfully conducted business during the normal
operating hours of that business. lawfully conducted by anyone in or upon or
facing or fronting on any such public street, public highway, public sidewalk or
any other public place or building, all of which prevent the free and uninterrupted
ingress, egress and regress, therein, thereon and thereto.
B. When any person violates causes or commits any of the conditions
enumerated in subsection A of this section, a police officer or any law
enforcement officer mayshall order that person to stop the violating activity
causing or committing such conditions and to move on or disperse. Any person
who fails or refuses to obey such orders is guilty of a misdemeanor punishable
by a maximum of 90 days in jail and/or a $1,000 fine. violation of this chapter.
(Ord. 5682 § 1, 2002.)
Section 4. New Section to City Code. A new section, 9.50.030 “Camping,” is
added to Chapter 9.50 to read as follows:
NEW SECTION. 9.50.030 Camping
A. Camping Prohibited. It is unlawful for any person to camp, occupy camp
facilities or use camp paraphernalia on city property, except as set forth in
subsection C below:
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Ordinance No. 6781
August 17, 2020
Page 5 of 11 Rev. 2019
B. Storage of Camping Items Prohibited. It is unlawful for any person to store
camp facilities and camp paraphernalia on city property, except as otherwise
provided by ordinance.
C. Exceptions The prohibitions contained in subsection A shall not be enforced
if:
1) the violation constitutes a trespass on park property under ACC 2.22.220.
2). the person is experiencing homelessness and there is no available overnight
shelter for persons experiencing homelessness on the date that the prohibited
activity occurs; or.
3). the person is camping or using camp paraphernalia or camp facilities at a
Game Farm Park Campground site after paying the required fees; or
4) the person is camping or using camp paraphernalia or camp facilities as
permitted under this subsection:
a. The director of the Parks, Arts, and Recreation department may permit
persons to camp, occupy camp facilities, use camp paraphernalia, or store
personal property in parks property as defined in 2.22 and as listed in the Park
Inventory portion of the Parks, Recreation & Open Space Plan, within the city’s
Comprehensive Plan.
b. The director of the Parks, Arts, and Recreation Department may approve a
permit for camping on city park property if the director finds, based upon a permit
application and information otherwise obtained, that:
(1) Adequate sanitary facilities are provided and accessible at or near the camp
site;
(2) Adequate trash receptacles and trash collection will be provided;
(3) The camping activity will not unreasonably disturb or interfere with the peace,
comfort and repose of private property owners;
(4) The camping activity is not reasonably likely to cause injury to persons or
property, to provoke disorderly conduct or to create a disturbance; and
(5) The camping is in the public interest.
c. The Director of the Parks, Arts, and Recreation Department is authorized to
promulgate rules and regulations regarding the implementation and enforcement
of this chapter.
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Ordinance No. 6781
August 17, 2020
Page 6 of 11 Rev. 2019
d. Seven days is the maximum period of time a permit may authorize camping on
city property.
e. Any person denied a permit may appeal the denial to the Hearing Examiner in
the manner described in Chapter 2.46 and ACC 15.07.130 with the Director of
the Parks, Arts, and Recreation Department serving the role of the building or fire
official in that code.
D. Definitions. For this section, the following definitions shall apply:
1. “Available overnight shelter” means
a. a public or private shelter located within the City of Auburn that offers
overnight shelter to persons experiencing homelessness with an available
overnight space at no cost; or
b. If no shelter described in subsection (a) has available space, a shelter with
free and available overnight space located within 40 miles of the City that is
accessible by public transportation or by vehicle for hire at no cost to the
individual or family experiencing homelessness.
c. A shelter is unavailable if an individual or family cannot use available space
because of restrictions on a person’s sex, familial or marital status, religious
beliefs, disability, or length-of-stay.
d. A shelter is unavailable on any day that an individual or family attempts to
secure a space at the shelter for the day and is denied due to lack of available
space.
e. A shelter is available if an individual’s past or present voluntary actions such
as intoxication, drug use, or unruly behavior prevent the use of an otherwise
available shelter space.
2. “City property” means all improved and unimproved real property owned or
leased by the City of Auburn, and all City of Auburn easements, including but not
limited to all portions of city parks, as defined in Chapter 2.22, city buildings,
rights of way, city parking lots, city airport property, wetlands, and city utility
facilities.
3. “Camp” or “camping” means to pitch, create, use, or occupy camp facilities for
the purposes of habitation, living accommodation, or dwelling, as evidenced by
the storage of personal belongings in ‘camp facilities” or the use of “camp
paraphernalia.”
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Ordinance No. 6781
August 17, 2020
Page 7 of 11 Rev. 2019
4. “Camp facilities” include, but are not limited to, tents, tarps configured for
shelter, huts, temporary shelters. “Camp facilities” does not include shelters
when used temporarily in a park for recreation or play, consistent with Chapter
2.22, during hours when the park is open to the public.
5. “Camp paraphernalia” includes, but is not limited to, tarpaulins, cots, beds,
sleeping bags, blankets, mattresses, hammocks, or non-city-designated cooking
facilities and similar equipment.
6. “Store” means to put aside or accumulate for use when needed, to put for
safekeeping, to place or leave in a location.
E. Penalty. When enforced, violation of this subsection is a misdemeanor
punishable by a maximum penalty of 90 days in jail and/or a $1,000 fine.
Section 5. Amendment to City Code. Section 9.78.010 of Chapter 9.78, Public
Disturbance, of the Auburn City Code is amended to read as follows:
9.78.010 Disorderly conduct.
A. A person is guilty of disorderly conduct if they:
1. Fights or encourages others to fight in any public place within the city;
2. Intentionally create the risk of an assault by wWillfully annoyings, molests,
botherings, insultings, or offerings an affront to another person; and thereby
intentionally creates the risk of assault;
3. Willfully breaks, impairs, injures or defaces any building, fence, awning,
window, sign, signboard, tree, shrub, or other thing of value being the property of
another;
4. Intentionally obstructs vehicular or pedestrian travel or traffic without lawful
authority;
5. Removes, interferes with, carryies away or destroys the property of another,
or tears down, destroys or mutilates any notice or handbill lawfully posted in the
city;
6. Intentionally disrupts any lawful assembly or meeting of persons without lawful
authority;
7. Looks into the windows of the residence of another without a lawful right to do
so;
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Ordinance No. 6781
August 17, 2020
Page 8 of 11 Rev. 2019
8. Urinates or defecates in any place open to the public view, other than in a
restroom or toilet facility; or
9. Intentionally engages in conduct that tends to, or is reasonably likely to,
disturb the peace, promote disorder or endanger the safety of others.
B. Disorderly conduct is a misdemeanor punishable by a maximum penalty of 90
days in jail and/or a $1,000 fine. (Ord. 6503 § 1, 2014; Ord. 5682 § 1, 2002.)
Section 6. Amendment to City Code. Section 12.32.020 of Chapter 12.32,
Sidewalk Obstructions, of the Auburn City Code is amended to read as follows:
12.32.020 Unlawful sidewalk obstructions. Prohibitions.
It is unlawful for any person, firm or corporation, or for any agent,
representative, servant or employee thereof, to deposit, place, erect or maintain,
or cause to be deposited, placed, erected or maintained, upon any sidewalk
located in any public street, alley or place of the city, or upon any portion of such
sidewalk, any bench, chair, rack, stand, structure, sign, merchandise or other
object, except as approved by the city engineer, or to place, erect or maintain, or
cause to be placed, erected or maintained, over such sidewalk, or over any
portion of such sidewalk, any structure, sign or other object at such height or in
such manner as to prevent or interfere with the free and unobstructed use of all
of such sidewalk by pedestrians. Violation of this section is a civil infraction,
subject to a maximum penalty of $250. (Ord. 6532 § 16, 2014; 1957 code §
8.18.020.)
Section 7. Amendment to City Code. Section 13.12.020 of Chapter 13.12,
Protection of Water Supply, of the Auburn City Code is amended to read as follows:
13.12.020 Water division facilities – Damaging or Ttrespassing on or
interfering with prohibited.
It is unlawful for any person to damage, tamper with, disturb, trespass, or
be upon the lands and premises of the city upon which water facilities exist
including, but not limited to, intake structures, gatehouses, well buildings,
treatment facilities, water storage tanks, underground vaults, pump stations and
watershed properties whether or not such properties or facilities are enclosed by
lawful fences. It is unlawful for any person to destroy, tamper with, or disturb any
fence, gate or lock enclosing city water facilities.
A. No person may damage, tamper with, or disturb any municipal water system
or water facility including, but not limited to:
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Ordinance No. 6781
August 17, 2020
Page 9 of 11 Rev. 2019
1. intake structures, gatehouses, well buildings, treatment facilities, water storage
tanks, underground vaults, pump stations, or watershed properties;,
2. any fences, gates or locks enclosing such facilities or systems, and
3. any land or premises containing such facilities or system, whether enclosed or
not.
Violation of this subsection (A) is a misdemeanor punishable by a maximum
penalty of 90 days in jail and/or a $1,000 fine.
B. No person may trespass or be upon the public lands and premises that
contain water facilities or municipal water systems. Violation of this subsection
(B) is an infraction subject to a maximum penalty of $250. (Ord. 5851 § 1, 2004;
1957 code § 10.12.020.)
Section 8. Amendment to City Code. Section 13.48.170 of Title 13.48, Storm
Drainage Utility, of the Auburn City Code is amended to read as follows:
13.48.170 Trespassing on public storm drainage facility prohibited.
Unless authorized by the City, Iit is unlawful for any person to trespass or
to be upon the public lands or and premises whereof the city, lawfully posted,
upon which any public storm drainage facility is situated, unless duly authorized
by the city. Any person who enters or remains upon any such land or premises in
violation of
(1) any posted no trespassing signage at the location; or
(2) any orders to vacate the land or premises given by a police officer, city
official, or city employee
shall be guilty of an infraction subject to a maximum penalty of $250. (Ord.
5853 § 1, 2004; Ord. 5212 § 1 (Exh. J), 1999; Ord. 4492 § 4, 1991.)
Section 9. Amendment to City Code. Section 13.20.100 of Chapter 13.20,
Sewer, of the Auburn City Code is amended to read as follows:
13.20.100 Trespassing on and dDisturbing public sewer and streets
A. No unauthorized person shall uncover, make any connection with or
opening into, use, alter or disturb any public sewer. No unauthorized person shall
open, alter or disturb the streets or alleys or other public ways or easements of the
city for the purposes of making connection with the public sewer system or
Page 24 of 97
--------------------------------
Ordinance No. 6781
August 17, 2020
Page 10 of 11 Rev. 2019
repairing and maintaining a side sewer located within the public right-of-way or
easement.
B. No person may damage, tamper with, or disturb any public sewer system
or sewer facility, including, but not limited to:
1. wastewater pipes, manholes, pump stations and their appurtenant
facilities, cleanouts, sewer meters, and pumps,
2. any fences, gates or locks enclosing such facilities or systems, and
3. any land or premises containing such facilities or system, whether
enclosed or not.
Violation of this subsection (B) is a misdemeanor punishable by a maximum
penalty of 90 days in jail and/or a $1,000 fine.
C. Unless authorized by the City, no person may trespass or be upon
public lands and premises that contain sewer facilities. Any person who enters
or remains upon any such public land or premises in violation of
(1) any posted no trespassing signage at the location; or
(2) any orders to vacate the land or premises given by a police officer, city
official, or city employee
shall be guilty of an infraction subject to a maximum penalty of $250. (Ord. 5852
§ 1, 2004; Ord. 5381 § 1, 2000; Ord. 5212 § 1 (Exh. I), 1999; Ord. 4241 § 2, 1987.)
Section 10. Restriction on Burdening Shelters or Encampments Hosted by
Religious Organizations. This ordinance is intended to be interpreted consistent with
RCW 35A.21.360 and shall be enforced according to the provisions of that state statute.
Section 11. Implementation. The Mayor is authorized to implement those
administrative procedures necessary to carry out the directives of this legislation.
Section 12. Severability. The provisions of this ordinance are declared to be
separate and severable. The invalidity of any clause, sentence, paragraph, subdivision,
section, or portion of this ordinance, or the invalidity of the application of it to any person
Page 25 of 97
--------------------------------
Ordinance No. 6781
August 17, 2020
Page 11 of 11 Rev. 2019
or circumstance, will not affect the validity of the remainder of this ordinance, or the validity
of its application to other persons or circumstances.
Section 13. 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 26 of 97
ADMINISTRATIVE
POLICY
TITLE: Homeless Encampment SUBJECT: Procedure for the removal of
unauthorized encampments and associated
personal belongings
DATE: July 31,
2020
PAGES: 1 PREPARER:
Overview The City adopts this policy to carry out the provisions of Auburn City Code (ACC)
2.22.010 and .210, ACC 12.32.010, ACC 10.68 and RCW 47.24.020(2). The purpose
of this policy is to adopt an enforcement strategy for documenting and removing
unauthorized encampments and/or camping activity (as defined in this policy) within
the City and to ensure that individuals within such encampments or engaged in such
activity are given access to needed resources including available shelter.
Definitions 1. Encampment – one or more tents or temporary shelters, bedding, storage or other
indications of camping activity located in an area owned, operated or maintained
by the City that violates city code and this enforcement policy. For purposes of this
policy, such indications of camping activity are considered one Encampment if
located within 20 feet.
2. Hazard – an item or items that pose a threat to public safety or health, or to City
employees or other authorized personnel. Examples include, but are not limited to
needles/syringes, illegal drugs or drug paraphernalia, human and/or animal waste,
firearms or dangerous weapons, items showing signs of contamination or
biohazard, and items posing a risk of fire.
3. Obstruction – people and/or items, including, but not limited to trash or other
objects that interfere with public use or enjoyment of nonresidential public property,
including interference with pedestrian or vehicle traffic.
4. Personal Property – non-hazard items that reasonably appear to belong to an
individual. Examples include, but are not limited to: bank, charge or credit cards,
cash, government issued documents (including identification documents), financial
documents, legal documents, prescription medications, photographs, functioning
and rideable bicycles, cellular phones, jewelry, tents or bedding capable of being
safely stored, electronics, eyeglasses, crutches, and wheelchairs. When in doubt,
the City will endeavor to treat an item as personal property, subject to reasonable
health and safety concerns. Personal property does not include:
a. property lawfully seized by police as evidence in a criminal investigation;
b. illegal drugs, illegal or dangerous weapons, or other illegally possessed items;
c. any items that can reasonably be considered litter or garbage as defined by
ACC 8.16.020 and/or by RCW 70.93.030;
d. any shopping carts defined by RCW 9A.56.010(16) and/or ACC 8.18.010 if they
reasonably appear to be abandoned or to belong to a retail or commercial
establishment.
5. Camping activity– includes, but is not limited to the use of tents or other temporary
shelters, bedding, storage of personal belongs, and use or storage of cooking Page 27 of 97
equipment.
6. Nonresidential public property – any City street, sidewalk, park, or other open area
where the City or other governmental agency has a property interest. This term
does not include houses, apartments, or other fixed residential property owned or
leased by the City, or any property that is subject to RCW 35A.21.360.
7. Enforcement personnel – City employees, departments and/or others authorized
by the City to enforce this policy, including members of the City Parks, Police and
Community Development Departments, and others as may be appropriate.
Policies INITIAL ENCAMPMENT DISCOVERY AND CONTACT
If enforcement personnel discover or receive a report of a potential encampment, they
should:
• Visit the site to determine whether it is an encampment as defined under city code
and/or under this policy and the enforcement measures warranted.
• Contact any individuals at the encampment to provide them with any applicable
legal notices and to offer them any available services, including available shelter.
The Sundown Shelter in Auburn will be the first point of contact in applicable and
other shelter will be sought outside of Auburn if The Sundown shelter is not a
viable option. (located shelter will be suitable to each situation such as: pets,
couples, families, etc.)
• No charge bus tickets will be provided and other transportation could be made
available if the situation calls for it. (example: Uber or Lyft if it is a family with
toddlers). Directions will be made available along with bus numbers and times of
departure.
• If shelter is not available on the date that the notice is posted, the occupant(s) may
stay in the location found until shelter is located that meets the requirement of
suitable shelter, as long as their encampment does not: block sidewalk usage,
impede automobile traffic, reside on private property, reside in environmentally
sensitive areas, reside in the parks. As soon as shelter is found the occupants
must leave the site immediately as the 48 notice is still in effect.
• The person may refuse the shelter that is offered, but must adhere to the 48 hour
vacate notice or could be trespassed and/or arrested.
• Contact the City Attorney’s Office for any needed policy, enforcement or
interpretation guidance.
• Create and maintain an Encampment Site Log to document all activities, events
and interactions with the Encampment and any persons at the Encampment
pursuant to this policy.
• This Site Log will include:
o The date personnel first observed the encampment;
o A description of the encampment, including the number of tents or other
unauthorized structures on site, and information about identifiable hazards or
obstructions; Page 28 of 97
ADMINISTRATIVE
POLICY
TITLE: Homeless Encampment SUBJECT: Procedure for the removal of
unauthorized encampments and associated
personal belongings
DATE: July 31,
2020
PAGES: 1 PREPARER:
o The dates of communication with any person(s) at the site;
o The date and content of all notices personnel has posted at the site;
o A description of any arrest warrants served on any persons at the encampment;
and
o The date(s) that personnel offered outreach and services to person(s) at the
site, the nature of services offered and the response received, if any.
Photographs of the site and of all posted notices shall be taken and maintained in
the Site Log.
The Site Log is Attachment A to these Standard Operating Procedures.
NOTICES
Enforcement personnel shall provide notices at encampments, as follows:
1. Notice of Violation and removal. Unless otherwise provided in paragraph 10 of the
Encampment Removal section of this policy, upon contact with an unlawful
Encampment, Enforcement Personnel should conspicuously post at the site and
provide to any persons at the site a notice of violation and removal. This notice
shall include: (1) the date of posting/giving to persons; (2) the nature of any
violation(s) and applicable laws; (3) the nature of any available services for
homeless persons, , including shelter beds; 4) a statement that if any violation(s)
persist after 48 hours from the notice date, the Encampment will be removed and
any property at the Encampment will be subject to the Personal Property section of
this policy.
2. All notices shall be printed in English and any other language the City determines
will provide adequate notice. Notices will be printed on triplicate NCR paper; one
copy is to be posted on the site, one goes to Police and the third goes to the city
employee posting notice.
3. Notices should be posted at the encampment site and/or provided to any
individuals at the site ensure necessary staff availability for any needed follow up.
ENCAMPMENT REMOVAL
1. Enforcement personnel will coordinate the encampment removal.
Page 29 of 97
2. All personnel, contractors and vendors contracted by the City to assist in removal
shall abide by the procedures set forth in this policy.
3. Enforcement personnel will make reasonable efforts to contact any persons at the
encampment site in person before removing it, and will arrange for outreach
workers to visit the encampment at least once between the date of posting a notice
of violation and removal and the date of encampment removal. Police may assist if
needed. At any such visit, outreach personnel will provide information to any
persons at the encampment regarding shelter, services, and the storage of
personal property if the encampment is removed. Enforcement personnel will
arrange for storage bins and tags/labels to be available for use if any person(s) on
site wishes to sort his/her property on the date of removal.
4. Before encampment removal, Enforcement Personnel should first attempt to secure
and offer available services and shelter to persons at the encampment. If criminal
enforcement against any such persons is contemplated pursuant to [city camping
ordinance, ACC section #], personnel must first attempt to secure and offer the
person(s) shelter within Auburn city limits, or shelter at an available location outside
Auburn if an Auburn shelter is unavailable as defined in [ACC section #]. If offering
shelter located outside Auburn City limits, transportation to the shelter should be
offered.
5. In enforcing this encampment policy, the City shall obtain any legally required arrest
or search warrant(s).
6. Encampment removal and cleanup shall be performed by an outside contractor
retained by the City, or by others designated by Enforcement Personnel, as
warranted in an individual situation. If an outside contractor is NOT used, anyone
involved in removing or cleaning up the encampment must use the following
personal protection equipment to the extent it is available and feasible for use:
• Eye protection
• Sturdy, thick soled boots/shoes
• Kevlar or puncture resistant gloves
• Long pants
• Garbage grabbers
• Contractor grade garbage bags
• Pick-up truck
• Tie downs and tarps for truck
• Shovel, rake and/or pitch fork
• First aid kit with eye wash and hand sanitizer
• Garbage cans
• Bleach cleaning solution
• Sharp objects container
• Long sleeved shirt
• N95 Mask
• Tyvek aprons for Ranger uniform maintenance
• Disposable gloves
Any City personnel involved in encampment removal and cleanup must complete Page 30 of 97
ADMINISTRATIVE
POLICY
TITLE: Homeless Encampment SUBJECT: Procedure for the removal of
unauthorized encampments and associated
personal belongings
DATE: July 31,
2020
PAGES: 1 PREPARER:
City required training on these procedures.
7. Enforcement personnel must be at an encampment site when it is removed and
cleaned up.
8. Individuals at an Encampment during removal will be allowed to remove any
lawfully possessed personal property from the site. If they are unable to do so, the
City will store the property pursuant to this policy.
PERSONAL PROPERTY
This policy section pertains to the identification, removal and storage of property at an
Encampment site
1. Enforcement personnel will direct anyone involved in Encampment cleanup to
attempt to segregate personal property from other items as follows:
a. Police will review site to ensure that it is safe to proceed.
b. Efforts should be made to protect fragile personal property.
c. Storage bins should not be filled over capacity.
2. The City is authorized to dispose of items at an Encampment that are not personal
property or that constitute a hazard. Examples may include trash and items
unsuitable for segregation or storage due to their condition. Such items will be
disposed of by a contractor or by Enforcement personnel if contractors are not
needed.
3. Enforcement personnel will treat an item as personal property under this policy
when in doubt.
4. When enforcing this policy, Enforcement personnel will move any property
(personal property or otherwise) that violates ACC 12.32.020 to a suitable location
for further processing.
5. When removing Encampment property under this section, Enforcement personnel
shall complete a Property Log describing: whether an owner of the property is
apparent, the items stored and/or disposed of, location found, date found,
department/staff contact, and the disposition of the personal property (e.g. pick-up
date and person, disposal, donation). If the segregation of personal property is
performed by a contractor, Enforcement personnel are responsible for overseeing
the segregation of personal property so that an accurate Property Log may be
completed. The Property Log must include photographs of items that are stored
and disposed of. An explanation shall be provided for the disposal of any items. Page 31 of 97
Stored items shall be labeled according to the name of the property owner, the
encampment site and date of removal and described per the Property Log.
The Property Log is Attachment B to this policy.
6. After completion of Encampment removal and cleanup, Enforcement Personnel
shall maintain all related records. .
7. Enforcement personnel shall direct any personal property consisting of items listed
in [2318 Sec. 15(2)] to the Auburn Police Department for retention and storage.
The City shall store all other personal property that can be safely removed from the
Encampment for 60 calendar days from the date the property was removed.
8. The storage location will be inside a building within the City limits. The storage
location will be locked door to prevent unauthorized access.. The storage bins will
be labeled according to the name of the property owner (or other identifying
specifics if the owner’s name is unknown), the encampment site and date of
removal and described per the Property Log. Items that do not fit inside storage
bins will be stored with other personal property removed from the site.
9. Retrieval of removed and stored personal property
A) If an owner of any property removed from an encampment is apparent, and the
owner has not been otherwise notified of the property’s removal, Enforcement
personnel shall attempt to notify the owner of the property’s removal pursuant to
RCW 63.21.060. The notice shall include information on retrieving the property
under paragraph 9B of this policy.
B) Individuals seeking to retrieve removed and stored personal property may
contact the Outreach Program Administrator at 253-294-6429, who will inform the
Managing Department to arrange for pick up of personal property. Arrangements
made for the pickup of personal property may be made between the hours of 8:00
a.m. and 5:00 p.m. Pacific Time unless specific alternative arrangements are made
with City personnel. Individuals seeking to retrieve personal property must provide
the City with information including (1) the location from which the property was
removed; (2) the date of removal; and (3) a description of the items removed with
sufficient specificity to demonstrate ownership.
C) Any stored property that remains unclaimed after any required owner notice for
60 days after the property’s removal from an encampment may be disposed of
pursuant to RCW 63.21.060 and/or RCW 63.32
Page 32 of 97
AGENDA BILL APPROVAL FORM
Agenda Subject:
Ordinance No. 6783 (Thomas)(30 Minutes)
Date:
August 17, 2020
Department:
Finance
Attachments:
Trans mittal Memo
Ordinance No. 6783
Schedule A
Schedule B
Budget Impact:
Administrativ e Recommendation:
For discussion only.
Background Summary:
Ordinance No. 6783 (Budget Amendment #7) represents the seventh budget amendment for
the 2019-2020 biennium and the third budget amendment for 2020. For details, see the
attached transmittal memorandum and supporting materials.
Rev iewed by Council Committees:
Councilmember:Staff:Thomas
Meeting Date:August 24, 2020 Item Number:
Page 33 of 97
Interoffice Memorandum
To: City Council
From: Jamie Thomas, Finance Director
CC: Nancy Backus, Mayor
Date: August 19, 2020
Re: Ordinance #6783 – 2019-2020 Budget Amendment #7
The City’s biennial 2019-2020 budget was approved by Council as two one-year appropriations. Budget
Amendments #1, #2, #3, and #4 amended the budget for calendar year 2019. Budget Amendments #5 and
#6 amended the 2020 budget.
This amendment will be the seventh budget amendment for the biennium and the third budget amendment
for calendar year 2020. The main purposes of this amendment are: (1) to adjust budgeted 2020 beginning
fund balances to match actual 2019 ending fund balances per accounting records; (2) adjust budgeted
revenues to reflect expected COVID-19 related impacts and the City’s actions in response to the expected
shortfalls; and (3) add budget authority for new programs and other expected changes in 2020. No new
positions are being requested in this amendment.
Fund Balance Adjustments: This amendment adjusts City-wide 2020 budgeted beginning fund
balances to reflect actual ending balances as of the end of 2019. The General Fund beginning fund
balance is adjusted by an increase of $7,670,843; City-wide beginning fund balances are adjusted, in
total, by a net increase of $18.2 million.
COVID-19 Related Adjustments: This category includes adjustments to revenue budgets to reflect
expected shortfalls due directly or indirectly to the COVID-19 pandemic, impacts of the City’s planned
actions in response to these revenue shortfalls, and grant-related relief from outside agencies. Total
General Fund adjustments result in a net decrease in fund balance of $1.9 million and include:
• Expected revenue shortfalls, most notable sales and use taxes (−$7,935,500)
• Revenue reallocations from other funds, including Motor Vehicle Fuel Taxes (MVFT) and utility
taxes ($2,665,100)
• CARES Act grant funds and related expenditures ($2,451,600)
• Other COVID-19 related grants and related expenditures ($216,100)
• Planned departmental expenditure reductions and other actions ($3,351,650)
Page 34 of 97
COVID-19 related adjustments result in a net decrease of $4.8 million to fund balances in other funds.
These adjustments include:
• Expected revenue shortfalls, particularly utility sales revenues (−$2,779,300)
• Revenue reallocations to the General Fund (−$3,416,600)
• Cost reductions (−$1,012,000)
• Adjust REET-funded project expenditures (−$395,000)
Add budget authority for new programs and other expected changes in 2020: These include
requests for increased funding for existing programs, new grants, and funding requests for new
projects or programs. New requests include:
• General Fund – Affordable Housing Sales Tax Credit ($150,000)
• General Fund – Extend budget for WA Criminal Justice Training Commission agreement
($102,000)
• Fund 105 – Funding for advance design of future arterial street preservation projects ($100,000)
• Fund 430/460 – 2020 Utility System Revenue/Refunding Bonds ($11,993,500)
• Fund 560 – Funding for two vehicles for School Resource Officers ($135,300)
The following table summarizes the current and revised budget as a result of this amendment.
Table 1: 2020 Budget as Amended
2020 Amended Budget $ 368,801,137
Budget Amendment #7 (Ord #6783) 26,393,345
2020 Budget as Amended $ 395,194,482
Attachments:
Ordinance # 6783
Schedule “A” – Summary of 2020 Budget Adjustments by Fund
Schedule “B” – 2020 Appropriations by Fund
Page 35 of 97
-------------------------
Ordinance No. 6783
August 19, 2020
Page 1 of 3
ORDINANCE NO. 6783
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AMENDING ORDINANCE NO.
6693, THE 2019-2020 BIENNIAL BUDGET ORDINANCE, AS
AMENDED BY ORDINANCE NO. 6712, ORDINANCE NO.
6719, ORDINANCE NO. 6720, ORDINANCE NO. 6751, AND
ORDINANCE NO. 6764, AUTHORIZING AMENDMENT TO
THE CITY OF AUBURN 2019-2020 BUDGET AS SET FORTH
IN SCHEDULE “A” AND SCHEDULE “B”
WHEREAS, the Auburn City Council at its regular meeting of December 3,
2018, adopted Ordinance No. 6693 which adopted the City of Auburn 2019-2020
Biennial budget; and
WHEREAS, the Auburn City Council at its regular meeting of April 1, 2019,
adopted Ordinance No. 6712 (BA#1) which amended Ordinance No. 6693 which
adopted the City of Auburn 2019-2020 Biennial budget; and
WHEREAS, the Auburn City Council at its regular meeting of May 20, 2019,
adopted Ordinance No. 6719 (BA#2) which amended Ordinance No. 6712 which
amended the City of Auburn 2019-2020 Biennial budget; and
WHEREAS, the Auburn City Council at its regular meeting of July 15, 2019,
adopted Ordinance No. 6720 (BA#3), which amended Ordinance No. 6719 which
amended the City of Auburn 2019-2020 Biennial budget; and
WHEREAS, the Auburn City Council at its regular meeting of December 4,
2019, adopted Ordinances Nos. 6752 (BA#4) and 6751 (BA#5), both of which
amended Ordinance No. 6720 which amended the City of Auburn 2019-2020
Biennial budget; and
Page 36 of 97
-------------------------
Ordinance No. 6783
August 19, 2020
Page 2 of 3
WHEREAS, the Auburn City Council at its regular meeting of December 4,
2019, adopted Ordinance No. 6764 (BA#6), which amended Ordinance No. 6751
which amended the City of Auburn 2019-2020 Biennial budget; and
WHEREAS, the City of Auburn deems it necessary to appropriate additional
funds to the various funds of the 2020 budget as outlined in this Ordinance (BA#7);
and
WHEREAS, this Ordinance has been approved by one more than the majority
of all councilpersons in accordance with RCW 35A.34.200.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON DO ORDAIN AS FOLLOWS:
Section 1. Amendment of the 2019-2020 Biennial Budget. The 2019-
2020 Biennial Budget of the City of Auburn is amended pursuant to Chapter
35A.34 RCW, to reflect the revenues and expenditures as shown on Schedule “A”
attached hereto and incorporated herein by reference. The Mayor of the City of
Auburn, Washington is hereby authorized to utilize revenue and expenditure
amounts shown on said Schedule “A” and Schedule “B”. A copy of said Schedule
“A” and Schedule “B” is on file with the City Clerk and available for public
inspection.
Section 2. 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
Page 37 of 97
-------------------------
Ordinance No. 6783
August 19, 2020
Page 3 of 3
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 3. Implementation. The Mayor is authorized to implement those
administrative procedures necessary to carry out the directives of this legislation.
Section 4. Effective Date. This Ordinance will take effect and be in force
five days from and after its passage, approval and publication as provided by law.
INTRODUCED: _______________
PASSED: ____________________
APPROVED: _________________
____________________________
NANCY BACKUS, MAYOR
ATTEST: APPROVED AS TO FORM:
____________________________ _______________________________
Shawn Campbell, MMC, City Clerk Kendra Comeau, City Attorney
PUBLISHED:__________________
Page 38 of 97
Schedule A
Summary of 2020 Budget Adjustments by Fund
Budget Amendment #7 (Ordinance #6783)
2,455
Beg. Fund
Balance
2020
Revenues
2020
Expenditures
Ending Fund
Balance
General Fund (#001)
2020 Adopted Budget 12,394,863 75,249,867 80,586,405 7,058,325
Previous Budget Amendments 3,575,454 2,256,070 3,832,340 1,999,184
2020 Amended Budget 15,970,317 77,505,937 84,418,745 9,057,509
BA#7 (Ordinance #6783, Proposed):7,670,843 (2,278,190) (308,640) 5,701,293
General Fund Revenues:
Revenue reallocations (COVID-19 response)- 2,665,100 - 2,665,100
Expected COVID-19 related revenue shortfalls - (7,935,500) - (7,935,500)
Mayor/Council:
Departmental expenditure reductions (COVID-19 response)- - (92,700) 92,700
Administration Department:
Departmental expenditure reductions (COVID-19 response)- - (87,500) 87,500
Reclassify Environ Services Specialist position to Outreach Prgm Administrator - - 40,500 (40,500)
Receive/expend donation frm MIT Charity Fund for Consolidated Resource Ctr - 10,000 10,000 -
Small Business Assistance Award grant funds from US DOT (COVID-19 related)- 109,560 109,560 -
Human Resources Department:
Departmental expenditure reductions (COVID-19 response)- - (87,000) 87,000
Reassign and reclassify ED Coordinator position to Equity Program Manager - - 25,000 (25,000)
Finance Department:
Departmental expenditure reductions (COVID-19 response)- - (6,000) 6,000
City Attorney's Office:
Departmental expenditure reductions (COVID-19 response)- - (7,000) 7,000
Community Development Department:
Departmental expenditure reductions (COVID-19 response)- - (363,500) 363,500
Receive/expend Affordable Housing Sales Tax Credit (authorized in Ord. 6732)- 150,000 150,000 -
Police Department:
Departmental expenditure reductions (COVID-19 response)- - (217,000) 217,000
Coronavirus Emergency Supplemental Funding Program funds from DOJ - 106,550 106,550 -
Extend budget for WA State Criminal Justice Training Commission agreement - 102,000 80,200 21,800
Two vehicles for School Resource Officers (partially funded by ASD)- - 26,600 (26,600)
Public Works Department:
Departmental expenditure reductions (COVID-19 response)- - (36,500) 36,500
Traffic signal repairs (funded by insurance recoveries)- 29,250 29,250 -
ERROR: Transfers In ≠ Transfers Out
ERROR: Detail ≠ Schedule A
Page 1 of 15 8/19/2020 7:34 AM
Page 39 of 97
Schedule A
Summary of 2020 Budget Adjustments by Fund
Budget Amendment #7 (Ordinance #6783)
2,455
Beg. Fund
Balance
2020
Revenues
2020
Expenditures
Ending Fund
Balance ERROR: Transfers In ≠ Transfers Out
ERROR: Detail ≠ Schedule A
Parks Department:
Departmental expenditure reductions (COVID-19 response)- - (431,800) 431,800
Incr. So. King County Sr. Ctrs & Resource Hub grant (previously City of Pacific)- 22,050 22,050 -
Receipt and expenditure of private donations for frozen meals to seniors - 11,200 11,200 -
Street Department:
Departmental expenditure reductions (COVID-19 response)- - (110,000) 110,000
Move decant disposal costs to the Solid Waste Fund (COVID-19 response)- - (19,500) 19,500
Multiple Departments:
Hiring freeze (COVID-19 response)- - (989,950) 989,950
VEBA reduction (COVID-19 response)- - (206,100) 206,100
Seasonal/temp layoffs (COVID-19 response)- - (478,100) 478,100
Mandatory furloughs (COVID-19 response)- - (238,500) 238,500
CARES Act revenues and expenditures (COVID-19 related)- 2,451,600 2,451,600 -
Non-Departmental:
True up 2020 beginning fund balance to 2019 actual ending balance 7,670,843 - - 7,670,843
Revised 2020 Budget - Fund 001 23,641,160 75,227,747 84,110,105 14,758,802
Arterial Street Fund (#102)
2020 Adopted Budget 1,344,477 3,694,600 3,995,900 1,043,177
Previous Budget Amendments and CIP Carry-Forwards 234,263 6,165,164 7,184,846 (785,419)
2020 Amended Budget 1,578,740 9,859,764 11,180,746 257,758
BA#7 (Ordinance #6783, Proposed):391,483 (15,200) - 376,283
Revenue reallocations (COVID-19 response)- (15,200) - (15,200)
True up 2020 beginning fund balance to 2019 actual ending balance 391,483 - - 391,483
Revised 2020 Budget - Fund 102 1,970,223 9,844,564 11,180,746 634,041
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Schedule A
Summary of 2020 Budget Adjustments by Fund
Budget Amendment #7 (Ordinance #6783)
2,455
Beg. Fund
Balance
2020
Revenues
2020
Expenditures
Ending Fund
Balance ERROR: Transfers In ≠ Transfers Out
ERROR: Detail ≠ Schedule A
Local Street Fund (#103)
2020 Adopted Budget 956,880 1,902,000 1,916,300 942,580
Previous Budget Amendments and CIP Carry-Forwards 1,462,235 - 1,212,534 249,701
2020 Amended Budget 2,419,115 1,902,000 3,128,834 1,192,281
BA#7 (Ordinance #6783, Proposed):131,497 (2,000) - 129,497
Revenue reallocations (COVID-19 response)- (2,000) - (2,000)
True up 2020 beginning fund balance to 2019 actual ending balance 131,497 - - 131,497
Revised 2020 Budget - Fund 103 2,550,612 1,900,000 3,128,834 1,321,778
Hotel/Motel Tax Fund (#104)
2020 Adopted Budget 102,121 164,000 170,310 95,811
Previous Budget Amendments 47,454 5,000 35,000 17,454
2020 Amended Budget 149,575 169,000 205,310 113,265
BA#7 (Ordinance #6783, Proposed):99,611 (59,100) - 40,511
Expected COVID-19 related revenue shortfalls - (57,000) - (57,000)
Revenue reallocations (COVID-19 response)- (2,100) - (2,100)
True up 2020 beginning fund balance to 2019 actual ending balance 99,611 - - 99,611
Revised 2020 Budget - Fund 104 249,186 109,900 205,310 153,776
Arterial Street Preservation Fund (#105)
2020 Adopted Budget 1,369,417 3,832,640 3,967,840 1,234,217
Previous Budget Amendments and CIP Carry-Forwards (157,606) 2,889,569 3,141,384 (409,421)
2020 Amended Budget 1,211,811 6,722,209 7,109,224 824,796
BA#7 (Ordinance #6783, Proposed):830,108 (16,900) 100,000 713,208
Revenue reallocations (COVID-19 response)- (16,900) - (16,900)
Funding for advance design of future arterial street preservation projects - - 100,000 (100,000)
True up 2020 beginning fund balance to 2019 actual ending balance 830,108 - - 830,108
Revised 2020 Budget - Fund 105 2,041,919 6,705,309 7,209,224 1,538,004
Page 3 of 15 8/19/2020 7:34 AM
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Schedule A
Summary of 2020 Budget Adjustments by Fund
Budget Amendment #7 (Ordinance #6783)
2,455
Beg. Fund
Balance
2020
Revenues
2020
Expenditures
Ending Fund
Balance ERROR: Transfers In ≠ Transfers Out
ERROR: Detail ≠ Schedule A
Drug Forfeiture Fund (#117)
2020 Adopted Budget 233,460 152,000 310,956 74,504
Previous Budget Amendments 71,297 - 118,500 (47,203)
2020 Amended Budget 304,757 152,000 429,456 27,301
BA#7 (Ordinance #6783, Proposed):973,216 - - 973,216
True up 2020 beginning fund balance to 2019 actual ending balance 973,216 - - 973,216
Revised 2020 Budget - Fund 117 1,277,973 152,000 429,456 1,000,517
Housing & Comm Develop Fund (#119)
2020 Adopted Budget 36,458 539,970 539,970 36,458
Previous Budget Amendments 6,446 289,780 289,780 6,446
2020 Amended Budget 42,904 829,750 829,750 42,904
BA#7 (Ordinance #6783, Proposed):- 371,800 371,800 -
Align budget to 2020 Community Development Block Grant Coronavirus award - 371,800 371,800 -
Revised 2020 Budget - Fund 119 42,904 1,201,550 1,201,550 42,904
Recreation Trails Fund (#120)
2020 Adopted Budget 71,426 7,100 - 78,526
Previous Budget Amendments 1,550 - - 1,550
2020 Amended Budget 72,976 7,100 - 80,076
BA#7 (Ordinance #6783, Proposed):1,449 (100) - 1,349
Revenue reallocations (COVID-19 response)- (100) - (100)
True up 2020 beginning fund balance to 2019 actual ending balance 1,449 - - 1,449
Revised 2020 Budget - Fund 120 74,425 7,000 - 81,425
Page 4 of 15 8/19/2020 7:34 AM
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Schedule A
Summary of 2020 Budget Adjustments by Fund
Budget Amendment #7 (Ordinance #6783)
2,455
Beg. Fund
Balance
2020
Revenues
2020
Expenditures
Ending Fund
Balance ERROR: Transfers In ≠ Transfers Out
ERROR: Detail ≠ Schedule A
BIA Fund (#121)
2020 Adopted Budget 74,673 55,200 90,000 39,873
Previous Budget Amendments 940 - - 940
2020 Amended Budget 75,613 55,200 90,000 40,813
BA#7 (Ordinance #6783, Proposed):58,212 (200) - 58,012
Revenue reallocations (COVID-19 response)- (200) - (200)
True up 2020 beginning fund balance to 2019 actual ending balance 58,212 - - 58,212
Revised 2020 Budget - Fund 121 133,825 55,000 90,000 98,825
Cumulative Reserve Fund (#122)
2020 Adopted Budget 10,162,312 197,800 4,100,000 6,260,112
Previous Budget Amendments and CIP Carry-Forwards 75,954 - 42,200 33,754
2020 Amended Budget 10,238,266 197,800 4,142,200 6,293,866
BA#7 (Ordinance #6783, Proposed):187,249 (112,000) - 75,249
Revenue reallocations (COVID-19 response)- (112,000) - (112,000)
True up 2020 beginning fund balance to 2019 actual ending balance 187,249 - - 187,249
Revised 2020 Budget - Fund 122 10,425,515 85,800 4,142,200 6,369,115
Mitigation Fees Fund (#124)
2020 Adopted Budget 9,101,987 1,306,700 741,600 9,667,087
Previous Budget Amendments and CIP Carry-Forwards 2,897,279 - 4,712,322 (1,815,043)
2020 Amended Budget 11,999,266 1,306,700 5,453,922 7,852,044
BA#7 (Ordinance #6783, Proposed):2,104,822 - - 2,104,822
True up 2020 beginning fund balance to 2019 actual ending balance 2,104,822 - - 2,104,822
Revised 2020 Budget - Fund 124 14,104,088 1,306,700 5,453,922 9,956,866
City Hall Annex 2010 A&B Bond Fund (#230)
2020 Adopted Budget - 1,658,400 1,658,400 -
Previous Budget Amendments - - - -
2020 Amended Budget - 1,658,400 1,658,400 -
BA#7 (Ordinance #6764, Proposed):4,489 - - 4,489
True up 2020 beginning fund balance to 2019 actual ending balance 4,489 - - 4,489
Page 5 of 15 8/19/2020 7:34 AM
Page 43 of 97
Schedule A
Summary of 2020 Budget Adjustments by Fund
Budget Amendment #7 (Ordinance #6783)
2,455
Beg. Fund
Balance
2020
Revenues
2020
Expenditures
Ending Fund
Balance ERROR: Transfers In ≠ Transfers Out
ERROR: Detail ≠ Schedule A
Local Revitalization 2010 C&D Bond Fund (#231)
2020 Adopted Budget 11,896 575,100 574,600 12,396
Previous Budget Amendments 3,436 - - 3,436
2020 Amended Budget 15,332 575,100 574,600 15,832
BA#7 (Ordinance #6783, Proposed):18,261 (500) - 17,761
Revenue reallocations (COVID-19 response)- (500) - (500)
True up 2020 beginning fund balance to 2019 actual ending balance 18,261 - - 18,261
Revised 2020 Budget - Fund 231 33,593 574,600 574,600 33,593
LID Guarantee Fund (#249)
2020 Adopted Budget 1,648 40 - 1,688
Previous Budget Amendments 15 - - 15
2020 Amended Budget 1,663 40 - 1,703
BA#7 (Ordinance #6783, Proposed):6 - - 6
True up 2020 beginning fund balance to 2019 actual ending balance 6 - - 6
Revised 2020 Budget - Fund 249 1,669 40 - 1,709
LID 350 Fund (#275)
2020 Adopted Budget 8,659 100 - 8,759
Previous Budget Amendments (4,956) - - (4,956)
2020 Amended Budget 3,703 100 - 3,803
BA#7 (Ordinance #6783, Proposed):(3,455) - - (3,455)
True up 2020 beginning fund balance to 2019 actual ending balance (3,455) - - (3,455)
Revised 2020 Budget - Fund 275 248 100 - 348
Page 6 of 15 8/19/2020 7:34 AM
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Schedule A
Summary of 2020 Budget Adjustments by Fund
Budget Amendment #7 (Ordinance #6783)
2,455
Beg. Fund
Balance
2020
Revenues
2020
Expenditures
Ending Fund
Balance ERROR: Transfers In ≠ Transfers Out
ERROR: Detail ≠ Schedule A
Golf/Cemetery 2016 Refunding Fund (#276)
2020 Adopted Budget - 376,000 376,000 -
Previous Budget Amendments 19 - - 19
2020 Amended Budget 19 376,000 376,000 19
BA#7 (Ordinance #6783, Proposed):(19) - - (19)
True up 2020 beginning fund balance to 2019 actual ending balance (19) - - (19)
Revised 2020 Budget - Fund 276 - 376,000 376,000 -
Parks Construction Fund (#321)
2020 Adopted Budget 365,772 590,100 470,000 485,872
Previous Budget Amendments and CIP Carry-Forwards 226,931 2,534,719 2,539,633 222,017
2020 Amended Budget 592,703 3,124,819 3,009,633 707,889
BA#7 (Ordinance #6783, Proposed):72,713 (4,700) - 68,013
Revenue reallocations (COVID-19 response)- (4,700) - (4,700)
True up 2020 beginning fund balance to 2019 actual ending balance 72,713 - - 72,713
Revised 2020 Budget - Fund 321 665,416 3,120,119 3,009,633 775,902
Capital Improvements Fund (#328)
2020 Adopted Budget 7,679,377 2,605,200 3,944,300 6,340,277
Previous Budget Amendments and CIP Carry-Forwards 4,071,275 3,368,216 7,077,481 362,010
2020 Amended Budget 11,750,652 5,973,416 11,021,781 6,702,287
BA#7 (Ordinance #6783, Proposed):2,053,115 (10,000) 1,928,000 115,115
Revenue reallocations (COVID-19 response)- (10,000) 2,223,000 (2,233,000)
Reduce / adjust REET-funded roofing project costs (COVID-19 response)- - (295,000) 295,000
328.00.599.400.06 ENDING FUND BALANCE/W C 295,000
True up 2020 beginning fund balance to 2019 actual ending balance 2,053,115 - - 2,053,115
Revised 2020 Budget - Fund 328 13,803,767 5,963,416 12,949,781 6,817,402
Page 7 of 15 8/19/2020 7:34 AM
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Schedule A
Summary of 2020 Budget Adjustments by Fund
Budget Amendment #7 (Ordinance #6783)
2,455
Beg. Fund
Balance
2020
Revenues
2020
Expenditures
Ending Fund
Balance ERROR: Transfers In ≠ Transfers Out
ERROR: Detail ≠ Schedule A
Local Revitalization Fund (#330)
2020 Adopted Budget - - - -
Previous Budget Amendments and CIP Carry-Forwards 378,117 - 378,117 -
2020 Amended Budget 378,117 - 378,117 -
BA#7 (Ordinance #6783, Proposed):1,622 - - 1,622
True up 2020 beginning fund balance to 2019 actual ending balance 1,622 - - 1,622
Revised 2020 Budget - Fund 330 379,739 - 378,117 1,622
Water Fund (#430)
2020 Adopted Budget 5,131,610 16,323,800 14,408,831 7,046,579
Previous Budget Amendments and CIP Carry-Forwards 4,949,949 6,822,221 13,647,958 (1,875,788)
2020 Amended Budget 10,081,559 23,146,021 28,056,789 5,170,791
BA#7 (Ordinance #6783, Proposed):1,831,547 10,635,100 1,953,450 10,513,197
Expected COVID-19 related revenue shortfalls - (1,338,400) - (1,338,400)
Cost reductions (COVID-19 response)- - (70,250) 70,250
Revenue reallocations (COVID-19 response)- (20,000) - (20,000)
Recognize 2020 Utility System Revenue/Refunding Bonds - 11,993,500 2,023,700 9,969,800
True up 2020 beginning fund balance to 2019 actual ending balance 1,831,547 - - 1,831,547
Revised 2020 Budget - Fund 430 11,913,106 33,781,121 30,010,239 15,683,988
Sewer Fund (#431)
2020 Adopted Budget 5,528,686 9,394,700 7,777,448 7,145,938
Previous Budget Amendments and CIP Carry-Forwards 1,386,725 - 826,817 559,908
2020 Amended Budget 6,915,411 9,394,700 8,604,265 7,705,846
BA#7 (Ordinance #6783, Proposed):301,354 (771,500) 45,250 (515,396)
Revenue reallocations (COVID-19 response)- (751,500) - (751,500)
Cost reductions (COVID-19 response)- - (38,050) 38,050
Revenue reallocations (COVID-19 response)- (20,000) - (20,000)
Recognize 2020 Utility System Revenue/Refunding Bonds - - 83,300 (83,300)
True up 2020 beginning fund balance to 2019 actual ending balance 301,354 - - 301,354
Revised 2020 Budget - Fund 431 7,216,765 8,623,200 8,649,515 7,190,450
Page 8 of 15 8/19/2020 7:34 AM
Page 46 of 97
Schedule A
Summary of 2020 Budget Adjustments by Fund
Budget Amendment #7 (Ordinance #6783)
2,455
Beg. Fund
Balance
2020
Revenues
2020
Expenditures
Ending Fund
Balance ERROR: Transfers In ≠ Transfers Out
ERROR: Detail ≠ Schedule A
Storm Drainage Fund (#432)
2020 Adopted Budget 4,151,402 10,399,200 8,831,070 5,719,532
Previous Budget Amendments and CIP Carry-Forwards 2,203,371 - 374,707 1,828,664
2020 Amended Budget 6,354,773 10,399,200 9,205,777 7,548,196
BA#7 (Ordinance #6783, Proposed):843,517 (15,000) 7,750 820,767
Revenue reallocations (COVID-19 response)- (15,000) - (15,000)
Recognize 2020 Utility System Revenue/Refunding Bonds - - 69,700 (69,700)
True up 2020 beginning fund balance to 2019 actual ending balance 843,517 - - 843,517
Revised 2020 Budget - Fund 432 7,198,290 10,384,200 9,213,527 8,368,963
Sewer Metro Sub Fund (#433)
2020 Adopted Budget 3,341,367 18,549,300 18,397,800 3,492,867
Previous Budget Amendments 383,462 - - 383,462
2020 Amended Budget 3,724,829 18,549,300 18,397,800 3,876,329
BA#7 (Ordinance #6783, Proposed):(278,993) (1,289,600) - (1,568,593)
Expected COVID-19 related revenue shortfalls - (1,287,100) - (1,287,100)
Revenue reallocations (COVID-19 response)- (2,500) - (2,500)
True up 2020 beginning fund balance to 2019 actual ending balance (278,993) - - (278,993)
Revised 2020 Budget - Fund 433 3,445,836 17,259,700 18,397,800 2,307,736
Solid Waste Fund (#434)
2020 Adopted Budget 5,508,969 16,351,600 16,684,052 5,176,517
Previous Budget Amendments 91,608 - - 91,608
2020 Amended Budget 5,600,577 16,351,600 16,684,052 5,268,125
BA#7 (Ordinance #6783, Proposed):336,118 (152,100) 19,500 164,518
Expected COVID-19 related revenue shortfalls - (96,800) - (96,800)
Revenue reallocations (COVID-19 response)- (55,300) - (55,300)
Move decant disposal costs from the General Fund - - 19,500 (19,500)
True up 2020 beginning fund balance to 2019 actual ending balance 336,118 - - 336,118
Revised 2020 Budget - Fund 434 5,936,695 16,199,500 16,703,552 5,432,643
Page 9 of 15 8/19/2020 7:34 AM
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Schedule A
Summary of 2020 Budget Adjustments by Fund
Budget Amendment #7 (Ordinance #6783)
2,455
Beg. Fund
Balance
2020
Revenues
2020
Expenditures
Ending Fund
Balance ERROR: Transfers In ≠ Transfers Out
ERROR: Detail ≠ Schedule A
Airport Fund (#435)
2020 Adopted Budget 257,640 1,258,800 1,085,701 430,739
Previous Budget Amendments 102,482 134,100 242,650 (6,068)
2020 Amended Budget 360,122 1,392,900 1,328,351 424,671
BA#7 (Ordinance #6783, Proposed):274,255 69,000 (6,100) 349,355
Cost reductions (COVID-19 response)- - (6,100) 6,100
Receipt CARES Act funds for Airport operational expenses (COVID-19 related)- 69,000 - 69,000
True up 2020 beginning fund balance to 2019 actual ending balance 274,255 - - 274,255
Revised 2020 Budget - Fund 435 634,377 1,461,900 1,322,251 774,026
Cemetery Fund (#436)
2020 Adopted Budget 264,098 1,187,000 1,343,743 107,355
Previous Budget Amendments 261,627 - 7,800 253,827
2020 Amended Budget 525,725 1,187,000 1,351,543 361,182
BA#7 (Ordinance #6783, Proposed):296,320 - 88,700 207,620
Cost reductions (COVID-19 response)- - (11,300) 11,300
True up 2020 beginning fund balance to 2019 actual ending balance 296,320 - 100,000 196,320
Revised 2020 Budget - Fund 436 822,045 1,187,000 1,440,243 568,802
Water Capital Fund (#460)
2020 Adopted Budget 2,562,724 2,070,200 4,282,305 350,619
Previous Budget Amendments and CIP Carry-Forwards 1,585,434 13,120,292 12,845,648 1,860,078
2020 Amended Budget 4,148,158 15,190,492 17,127,953 2,210,697
BA#7 (Ordinance #6783, Proposed):(4,067,079) 1,994,300 - (2,072,779)
Revenue reallocations (COVID-19 response)- (5,700) - (5,700)
Recognize 2020 Utility System Revenue/Refunding Bonds - 2,000,000 - 2,000,000
True up 2020 beginning fund balance to 2019 actual ending balance (4,067,079) - - (4,067,079)
Revised 2020 Budget - Fund 460 81,079 17,184,792 17,127,953 137,918
Page 10 of 15 8/19/2020 7:34 AM
Page 48 of 97
Schedule A
Summary of 2020 Budget Adjustments by Fund
Budget Amendment #7 (Ordinance #6783)
2,455
Beg. Fund
Balance
2020
Revenues
2020
Expenditures
Ending Fund
Balance ERROR: Transfers In ≠ Transfers Out
ERROR: Detail ≠ Schedule A
Sewer Capital Fund (#461)
2020 Adopted Budget 9,049,491 750,500 1,265,000 8,534,991
Previous Budget Amendments and CIP Carry-Forwards 2,468,156 - 2,856,842 (388,686)
2020 Amended Budget 11,517,647 750,500 4,121,842 8,146,305
BA#7 (Ordinance #6783, Proposed):1,782,510 (45,300) - 1,737,210
Revenue reallocations (COVID-19 response)- (45,300) - (45,300)
True up 2020 beginning fund balance to 2019 actual ending balance 1,782,510 - - 1,782,510
Revised 2020 Budget - Fund 461 13,300,157 705,200 4,121,842 9,883,515
Storm Drainage Capital Fund (#462)
2020 Adopted Budget 10,701,488 581,800 2,063,900 9,219,388
Previous Budget Amendments (338,682) 174,120 433,393 (597,955)
2020 Amended Budget 10,362,806 755,920 2,497,293 8,621,433
BA#7 (Ordinance #6783, Proposed):1,446,929 (45,300) - 1,401,629
Revenue reallocations (COVID-19 response)- (45,300) - (45,300)
True up 2020 beginning fund balance to 2019 actual ending balance 1,446,929 - - 1,446,929
Revised 2020 Budget - Fund 462 11,809,735 710,620 2,497,293 10,023,062
Airport Capital Fund (#465)
2020 Adopted Budget 99,605 775,700 778,000 97,305
Previous Budget Amendments and CIP Carry-Forwards 327,006 3,557,798 3,903,390 (18,586)
2020 Amended Budget 426,611 4,333,498 4,681,390 78,719
BA#7 (Ordinance #6783, Proposed):3,230 (300) - 2,930
Revenue reallocations (COVID-19 response)- (300) - (300)
True up 2020 beginning fund balance to 2019 actual ending balance 3,230 - - 3,230
Revised 2020 Budget - Fund 465 429,841 4,333,198 4,681,390 81,649
Page 11 of 15 8/19/2020 7:34 AM
Page 49 of 97
Schedule A
Summary of 2020 Budget Adjustments by Fund
Budget Amendment #7 (Ordinance #6783)
2,455
Beg. Fund
Balance
2020
Revenues
2020
Expenditures
Ending Fund
Balance ERROR: Transfers In ≠ Transfers Out
ERROR: Detail ≠ Schedule A
Cemetery Capital Fund (#466)
2020 Adopted Budget 35,937 - 25,100 10,837
Previous Budget Amendments and CIP Carry-Forwards 317,315 55,400 380,400 (7,685)
2020 Amended Budget 353,252 55,400 405,500 3,152
BA#7 (Ordinance #6783, Proposed):(94,269) 100,000 - 5,731
True up 2020 beginning fund balance to 2019 actual ending balance (94,269) 100,000 - 5,731
Revised 2020 Budget - Fund 466 258,983 155,400 405,500 8,883
Insurance Fund (#501)
2020 Adopted Budget 1,768,470 23,100 180,600 1,610,970
Previous Budget Amendments 4,456 - - 4,456
2020 Amended Budget 1,772,926 23,100 180,600 1,615,426
BA#7 (Ordinance #6783, Proposed):149,027 (13,100) - 135,927
Revenue reallocations (COVID-19 response)- (13,100) - (13,100)
True up 2020 beginning fund balance to 2019 actual ending balance 149,027 - - 149,027
Revised 2020 Budget - Fund 501 1,921,953 10,000 180,600 1,751,353
Workers' Comp Fund (#503)
2020 Adopted Budget 2,482,073 1,261,900 833,415 2,910,558
Previous Budget Amendments (963,880) - - (963,880)
2020 Amended Budget 1,518,193 1,261,900 833,415 1,946,678
BA#7 (Ordinance #6783, Proposed):359,434 (34,800) - 324,634
Revenue reallocations (COVID-19 response)- (34,800) - (34,800)
True up 2020 beginning fund balance to 2019 actual ending balance 359,434 - - 359,434
Revised 2020 Budget - Fund 503 1,877,627 1,227,100 833,415 2,271,312
Page 12 of 15 8/19/2020 7:34 AM
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Schedule A
Summary of 2020 Budget Adjustments by Fund
Budget Amendment #7 (Ordinance #6783)
2,455
Beg. Fund
Balance
2020
Revenues
2020
Expenditures
Ending Fund
Balance ERROR: Transfers In ≠ Transfers Out
ERROR: Detail ≠ Schedule A
Facilities Fund (#505)
2020 Adopted Budget 1,050,811 4,034,500 4,115,862 969,449
Previous Budget Amendments 259,043 (20,700) 435,500 (197,157)
2020 Amended Budget 1,309,854 4,013,800 4,551,362 772,292
BA#7 (Ordinance #6783, Proposed):5,642 (308,100) (555,300) 252,842
Revenue reallocations (COVID-19 response)- (13,100) - (13,100)
Cost reductions (COVID-19 response)- - (160,300) 160,300
Reduce / adjust REET-funded roofing project costs (COVID-19 response)- (295,000) (395,000) 100,000
True up 2020 beginning fund balance to 2019 actual ending balance 5,642 - - 5,642
Revised 2020 Budget - Fund 505 1,315,496 3,705,700 3,996,062 1,025,134
Innovation & Technology Fund (#518)
2020 Adopted Budget 2,564,974 6,724,153 7,182,511 2,106,616
Previous Budget Amendments (3,138) 141,300 275,000 (136,838)
2020 Amended Budget 2,561,836 6,865,453 7,457,511 1,969,778
BA#7 (Ordinance #6783, Proposed):(38,938) (8,000) (357,800) 310,862
Revenue reallocations (COVID-19 response)- (8,000) - (8,000)
Cost reductions (COVID-19 response)- - (357,800) 357,800
True up 2020 beginning fund balance to 2019 actual ending balance (38,938) - - (38,938)
Revised 2020 Budget - Fund 518 2,522,898 6,857,453 7,099,711 2,280,640
Equipment Rental Fund (#550)
2020 Adopted Budget 2,352,641 2,075,495 2,785,735 1,642,401
Previous Budget Amendments 164,875 9,900 115,900 58,875
2020 Amended Budget 2,517,516 2,085,395 2,901,635 1,701,276
BA#7 (Ordinance #6783, Proposed):439,254 - (237,300) 676,554
Cost reductions (COVID-19 response)- - (237,300) 237,300
True up 2020 beginning fund balance to 2019 actual ending balance 439,254 - - 439,254
Revised 2020 Budget - Fund 550 2,956,770 2,085,395 2,664,335 2,377,830
Page 13 of 15 8/19/2020 7:34 AM
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Schedule A
Summary of 2020 Budget Adjustments by Fund
Budget Amendment #7 (Ordinance #6783)
2,455
Beg. Fund
Balance
2020
Revenues
2020
Expenditures
Ending Fund
Balance ERROR: Transfers In ≠ Transfers Out
ERROR: Detail ≠ Schedule A
Equipment Rental Capital Fund (#560)
2020 Adopted Budget 3,302,654 1,594,605 1,331,000 3,566,259
Previous Budget Amendments and CIP Carry-Forwards 1,381,072 857,500 2,615,350 (376,778)
2020 Amended Budget 4,683,726 2,452,105 3,946,350 3,189,481
BA#7 (Ordinance #6783, Proposed):(264,422) 135,300 135,300 (264,422)
Two vehicles for School Resource Officers (partially funded by ASD)- 135,300 135,300 -
True up 2020 beginning fund balance to 2019 actual ending balance (264,422) - - (264,422)
Revised 2020 Budget - Fund 560 4,419,304 2,587,405 4,081,650 2,925,059
IT Capital Fund (#568)
2020 Adopted Budget 300,697 500,000 500,300 300,397
Previous Budget Amendments and CIP Carry-Forwards 1,018,063 - 661,527 356,536
2020 Amended Budget 1,318,760 500,000 1,161,827 656,933
BA#7 (Ordinance #6783, Proposed):126,854 25,000 25,000 126,854
Two vehicles for School Resource Officers (partially funded by ASD)- 25,000 25,000 -
True up 2020 beginning fund balance to 2019 actual ending balance 126,854 - - 126,854
Revised 2020 Budget - Fund 568 1,445,614 525,000 1,186,827 783,787
Fire Pension Fund (#611)
2020 Adopted Budget 2,111,149 125,100 222,320 2,013,929
Previous Budget Amendments 22,922 - - 22,922
2020 Amended Budget 2,134,071 125,100 222,320 2,036,851
BA#7 (Ordinance #6783, Proposed):22,370 - - 22,370
True up 2020 beginning fund balance to 2019 actual ending balance 22,370 - - 22,370
Revised 2020 Budget - Fund 611 2,156,441 125,100 222,320 2,059,221
Page 14 of 15 8/19/2020 7:34 AM
Page 52 of 97
Schedule A
Summary of 2020 Budget Adjustments by Fund
Budget Amendment #7 (Ordinance #6783)
2,455
Beg. Fund
Balance
2020
Revenues
2020
Expenditures
Ending Fund
Balance ERROR: Transfers In ≠ Transfers Out
ERROR: Detail ≠ Schedule A
SKHHP Fund (#654)
2020 Adopted Budget - - - -
Previous Budget Amendments 78,250 376,500 432,820 21,930
2020 Amended Budget 78,250 376,500 432,820 21,930
BA#7 (Ordinance #6764, Proposed):127,695 - - 127,695
True up 2020 beginning fund balance to 2019 actual ending balance 127,695 - - 127,695
Revised 2020 Budget - Fund 654 205,945 376,500 432,820 149,625
Cemetery Endowment Fund (#701)
2020 Adopted Budget 1,829,409 45,000 - 1,874,409
Previous Budget Amendments and CIP Carry-Forwards 112,378 - 55,400 56,978
2020 Amended Budget 1,941,787 45,000 55,400 1,931,387
BA#7 (Ordinance #6783, Proposed):47,258 - - 47,258
True up 2020 beginning fund balance to 2019 actual ending balance 47,258 - - 47,258
Revised 2020 Budget - Fund 701 1,989,045 45,000 55,400 1,978,645
Grand Total - All Funds
2020 Adopted Budget 108,311,321 189,050,270 199,654,274 97,707,317
Previous Budget Amendments 28,702,597 42,736,949 70,675,239 764,307
2020 Amended Budget 137,013,918 231,787,219 270,329,513 98,471,624
TOTAL BA#7 (Ordinance #6783, Proposed):18,244,835 8,148,510 3,209,610 23,183,735
Revised 2020 Budget 155,258,753 239,935,729 273,539,123 121,655,359
395,194,482 395,194,482
Page 15 of 15 8/19/2020 7:34 AM
Page 53 of 97
Schedule B
2020 Appropriations by Fund
Fund
2020
Adopted
Budget
BA#5
(Ord
#31783475)
CIP
Carry
Forwards
BA#6
(Ord #5916660)
Additional
CIP
Carry
Forwards
BA#7
(Ord
#26393345)
Total
Amendments
Revised
Budget
General Fund (#001)87,644,730 4,599,174 - 1,232,350 - 5,392,653 11,224,177 98,868,907
Arterial Street Fund (#102)5,039,077 4,109,581 180,000 450,000 1,659,846 376,283 6,775,710 11,814,787
Local Street Fund (#103)2,858,880 249,701 - - 1,212,534 129,497 1,591,732 4,450,612
Hotel/Motel Tax Fund (#104)266,121 52,454 - - - 40,511 92,965 359,086
Arterial Street Preservation Fund (#105)5,202,057 (536,021) 800,000 1,606,240 861,744 813,208 3,545,171 8,747,228
Drug Forfeiture Fund (#117)385,460 71,297 - - - 973,216 1,044,513 1,429,973
Housing & Comm Develop Fund (#119)576,428 6,446 - 289,780 - 371,800 668,026 1,244,454
Recreation Trails Fund (#120)78,526 1,550 - - - 1,349 2,899 81,425
BIA Fund (#121)129,873 940 - - - 58,012 58,952 188,825
Cumulative Reserve Fund (#122)10,360,112 33,754 42,200 - - 75,249 151,203 10,511,315
Mitigation Fees Fund (#124)10,408,687 (69,211) 1,944,100 - 1,022,390 2,104,822 5,002,101 15,410,788
1998 GO Library Bond Fund (#229)- - - - - - - -
City Hall Annex 2010 A&B Bond Fund (#230)1,658,400 - - - - 4,489 4,489 1,662,889
Local Revitalization 2010 C&D Bond Fund (#231)586,996 3,436 - - - 17,761 21,197 608,193
SCORE Debt Service Fund (#238)2,117,000 - - - - - - 2,117,000
LID Guarantee Fund (#249)1,688 15 - - - 6 21 1,709
LID 350 Fund (#275)8,759 (4,956) - - - (3,455) (8,411) 348
Golf/Cemetery 2016 Refunding Fund (#276)376,000 19 - - - (19) - 376,000
Parks Construction Fund (#321)955,872 120,757 1,311,800 758,050 571,043 68,013 2,829,663 3,785,535
Capital Improvements Fund (#328)10,284,577 362,010 5,497,000 687,050 893,431 2,043,115 9,482,606 19,767,183
Local Revitalization Fund (#330)- - 290,500 - 87,617 1,622 379,739 379,739
Water Fund (#430)21,455,410 8,307,683 3,230,666 88,000 145,821 12,466,647 24,238,817 45,694,227
Sewer Fund (#431)14,923,386 894,808 280,667 211,250 - (470,146) 916,579 15,839,965
Storm Drainage Fund (#432)14,550,602 1,868,064 280,667 54,640 - 828,517 3,031,888 17,582,490
Sewer Metro Sub Fund (#433)21,890,667 383,462 - - - (1,568,593) (1,185,131) 20,705,536
Solid Waste Fund (#434)21,860,569 91,608 - - - 184,018 275,626 22,136,195
Airport Fund (#435)1,516,440 236,582 - - - 343,255 579,837 2,096,277
Cemetery Fund (#436)1,451,098 261,627 - - - 296,320 557,947 2,009,045
Water Capital Fund (#460)4,632,924 9,187,643 3,286,000 - 2,232,083 (2,072,779) 12,632,947 17,265,871
Sewer Capital Fund (#461)9,799,991 249,314 436,500 - 1,782,342 1,737,210 4,205,366 14,005,357
Storm Drainage Capital Fund (#462)11,283,288 (1,394,955) 829,800 - 400,593 1,401,629 1,237,067 12,520,355
Airport Capital Fund (#465)875,305 3,028,414 - - 856,390 2,930 3,887,734 4,763,039
Cemetery Capital Fund (#466)35,937 (7,685) 380,400 - - 5,731 378,446 414,383
Insurance Fund (#501)1,791,570 4,456 - - - 135,927 140,383 1,931,953
Workers' Comp Fund (#503)3,743,973 (963,880) - - - 324,634 (639,246) 3,104,727
Facilities Fund (#505)5,085,311 14,043 - 224,300 - (302,458) (64,115) 5,021,196
Innovation & Technology Fund (#518)9,289,127 (56,838) - 195,000 - (46,938) 91,224 9,380,351
Equipment Rental Fund (#550)4,428,136 174,775 - - - 439,254 614,029 5,042,165
Equipment Rental Capital Fund (#560)4,897,259 (267,778) 1,140,000 - 1,366,350 (129,122) 2,109,450 7,006,709
IT Capital Fund (#568)800,697 356,536 661,527 - - 151,854 1,169,917 1,970,614
Fire Pension Fund (#611)2,236,249 22,922 - - - 22,370 45,292 2,281,541
SKHHP Fund (#654)- 334,750 - 120,000 - 127,695 582,445 582,445
Cemetery Endowment Fund (#701)1,874,409 56,978 55,400 - - 47,258 159,636 2,034,045
Total 297,361,591 31,783,475 20,647,227 5,916,660 13,092,184 26,393,345 97,832,891 395,194,482
Page 54 of 97
AGENDA BILL APPROVAL FORM
Agenda Subject:
Ordinance No. 6785 (Thomas)(5 Minutes)
Date:
August 17, 2020
Department:
Finance
Attachments:
Ordinance No. 6785
Budget Impact:
Administrativ e Recommendation:
For discussion only.
Background Summary:
Auburn City Code provides for the imposition of tax on water, sewer, storm, garbage, cable,
telephone, and electric utility revenue collected within the City of Auburn. The City levies 6%
on external utilities (cable, telephone, electric power), which is the maximum allowed by
RCW. There is more f lexibility for City operated utilities (water, sewer, storm, and garbage)
and the City currently levies 7% on those. In 2008 Auburn City Code was amended to
allocate 1% of the utility tax revenue collected, to the Arterial Street Fund. The current
breakdown of the utility tax rates is as f ollows:
The impact of the COVID-19 pandemic has created a significant impact on the City’s General
Fund revenues and in response to these anticipated revenue shortf alls, the City has been
able to balance the revenue gap in the 2020 budget through various cost saving measures,
as well as revenue reallocations. A signif icant revenue reallocation includes transferring the
1% utility tax that is currently collected in the Arterial Street Fund, into the General Fund. This
ordinance would provide the authority to use the 1% currently earmarked for Arterial Streets
to the General Fund for the 2020 fiscal year only and would transfer an estimated $1,800,000
into the General Fund. To maintain funding in the Arterial Street Fund in 2020, a 1x transfer
f rom Real Estate Excise Tax (REET) will be made.
Rev iewed by Council Committees:
Councilmember:Staff:Thomas
Page 55 of 97
Meeting Date:August 24, 2020 Item Number:
Page 56 of 97
--------------------------------
Ordinance No. 6785
August 17, 2020
Page 1 of 5
Rev. 2019
ORDINANCE NO. 6785
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, AMENDING
SECTIONS 3.40.020, 3.41.010, 3.42.020, 3.84.040
AND 3.88.040 OF THE AUBURN CITY CODE
RELATING TO THE USE OF TAXES IMPOSED
ON UTILITIES
WHEREAS, the Auburn City Code (ACC), including Sections 3.40.020, 3.41.010,
3.42.020, 3.84.040 and 3.88.040 of the City Code (water, sewer, storm, garbage, cable,
telephone and utility services, respectively), provides for taxes to be imposed on gross
operating revenues of said identified utilities derived from operations of such utilities within
the City; and
WHEREAS, City of Auburn Ordinance No. 6170, enacted in 2008, relegated the
use of one percent (1%) of such taxes for support of the City’s arterial street system; and
WHEREAS, in light of the current economic impacts of the COVID-19 pandemic, it
is appropriate that the 1% of such tax for fiscal year 2020 that would have otherwise been
earmarked for support of the City’s arterial street system be, instead, transferred to the
General Fund to support General Fund services for the City’s fiscal year 2020.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows:
Section 1. Amendment to City Code. Section 3.40.020 ACC (Water, Sewer,
Storm) is amended to read as follows:
3.40.020 Levy and collection.
There is levied a tax of seven percent per year upon the total annual revenues of
the water, storm drainage and sanitary sewer utility funds and on all water, storm drainage
and sewer utilities, business enterprises or other entities engaged in providing such utility
services within the city, which tax shall be collected from and levied upon the total
revenues received by the water, storm drainage and sanitary sewer utility funds and on
Page 57 of 97
--------------------------------
Ordinance No. 6785
August 17, 2020
Page 2 of 5
Rev. 2019
the revenues derived from within the city of all water, storm drainage and sewer utilities,
business enterprises or other entities engaged in providing such utility services, for the
benefit of the current expense fund, or as otherwise directed by the city. The finance
director is directed to collect the tax of seven percent out of the total revenues received
each year in the water, storm drainage and sewer utility funds, commencing July 1, 2008,
and the finance director is directed to pay over the funds so collected into the current
expense fund. The increase in tax revenue generated by the additional one percent tax
levied pursuant to Ordinance No. 6170 shall be relegated for use by the city in support of
its arterial street system, other than as follows: The1% tax levied January 1, 2020 –
December 31,2020, will be transferred to the General Fund to support General Fund
services for the City’s fiscal year 2020.. It is provided, however, that if the state of
Washington provides a long-term sustainable funding source to the city of Auburn arterial
street fund in an amount sufficient to off-set the amount of the increases in utility tax rates
of this section and the long-term funding source is sufficient to maintain the city of
Auburn’s arterial street system’s pavement condition index (PCI) at an average of 70 PCI
out of a score of 100 PCI for the foreseeable future, the water, storm drainage and
sanitary sewer utility tax rate shall automatically revert to six percent per year upon the
total annual revenues of the water, storm drainage and sanitary sewer utility funds. (Ord.
6170 § 1, 2008; Ord. 5699 § 1, 2002; Ord. 5280 § 1, 1999; Ord. 4178 § 2, 1986.)
Section 2. Amendment to City Code. Section 3.41.010 ACC (Garbage) is
amended to read as follows:
3.41.010 Tax created.
There is created a utility tax in the amount of seven percent, to be levied on and
after July 1, 2008, of the gross receipts against and upon the total annual revenues of the
garbage fund, and on all solid waste utilities and upon every business enterprise or other
entity engaged in handling solid waste. For the purposes hereof, “solid waste” means
garbage, recyclables and yard debris. The increase in tax revenue generated by the
additional one percent tax levied pursuant to Ordinance No. 6170 shall be relegated for
use by the city in support of its arterial street system, other than as follows: The1% tax
levied January 1, 2020 – December 31,2020, will be transferred to the General Fund to
support General Fund services for the City’s fiscal year 2020.. It is provided, however,
that if the state of Washington provides a long-term sustainable funding source to the city
of Auburn arterial street fund in an amount sufficient to off-set the amount of the increases
in utility tax rates of this chapter and the long-term funding source is sufficient to maintain
the city of Auburn’s arterial street system’s pavement condition index (PCI) at an average
of 70 PCI out of a score of 100 PCI for the foreseeable future, the garbage and solid
waste utility tax rate shall automatically revert to six percent of the gross receipts against
and upon the total annual revenues of the garbage fund, and on all solid waste utilities
and upon every business enterprise or other entity engaged in handling solid waste. (Ord.
6170 § 2, 2008; Ord. 5700 § 1, 2002; Ord. 5671 § 1, 2002; Ord. 4393, 1989; Ord. 4179 §
2, 1986.)
Page 58 of 97
--------------------------------
Ordinance No. 6785
August 17, 2020
Page 3 of 5
Rev. 2019
Section 3. Amendment to City Code. Section 3.42.020 ACC (Cable) is amended
to read as follows:
3.42.020 Levy and collection of tax.
There is levied a tax of six percent on the gross income of, and upon the total
annual revenues of, cable television businesses operating within the city, which tax shall
be collected from and levied upon the total receipts of such cable television business(es).
For the purposes hereof, the following terms and definitions shall apply:
A. “Gross income” means the value proceeding or accruing from the sale of any
tangible property or service, and receipts (including all sums earned or charged, whether
received or not), by reason of the investment of capital in the business engaged in,
including rentals, royalties, fees, or other emoluments, however designated (excluding
receipts or proceeds from the use or sale of real property or any interest therein, and
proceeds from the sale of notes, bonds, mortgages, or other evidences of indebtedness,
or stocks and the like) and without any deduction on account of the cost of the property
sold, the cost of materials used, labor costs, interest or discount paid, or any expense
whatsoever, and without any deduction on account of losses, including the amount of
credit losses actually sustained by the taxpayer whose regular books or accounts are kept
upon an accrual basis.
B. “Cable television business” means:
1. A system providing service pursuant to a franchise issued by the city under the
Cable Communications Policy Act of 1984 Public Law No. 98-549, 47 U.S.C. Section 521,
as it may be amended or superseded; or
2. Any system that competes directly with such franchised system by employing
antennas, microwaves, wires, wave guides, coaxial cables, or other conductors,
equipment or facilities designed, construed or used for the purpose of:
a. Collecting and amplifying local and distant broadcast television signals and
distributing and transmitting them;
b. Transmitting original cable-cast programming not received through television
broadcast signals; or
c. Transmitting television pictures, film and videotape programs not received
through broadcast television signals, whether or not encoded or processed to permit
reception by only selected receivers; provided, however, that “cable television service”
shall not include entities that are subject to charges as “commercial TV stations” under
47 U.S.C. Section 158, as it may be amended or superseded.
C. The tax revenue generated by one percent levied pursuant to Ordinance No.
6170 shall be relegated for use by the city in support of its arterial street system, other
than as follows: The1% tax levied January 1, 2020 – December 31,2020, will be
transferred to the General Fund to support General Fund services for the City’s fiscal year
2020.. The tax revenue generated by the remaining five percent levied pursuant to
Ordinance No. 6620 shall be relegated for use by the city in support of its police, public
safety and criminal justice system. (Ord. 6620 § 2, 2016; Ord. 6170 § 5, 2008.)
Page 59 of 97
--------------------------------
Ordinance No. 6785
August 17, 2020
Page 4 of 5
Rev. 2019
Section 4. Amendment to City Code. Section 3.84.040 ACC (Telephone) is
amended to read as follows:
3.84.040 Tax – Imposed.
On and after July 1, 2008, there is levied upon and there shall be collected from every
person, firm or corporation engaged in carrying on the following business for hire or for
sale of a commodity or a service within or partly within the corporate limits of the city, a
tax for the privilege of so doing business as defined in ACC 3.84.010. Upon any telephone
business there shall be levied a tax equal to six percent of the total gross operating
revenues, including revenues from intrastate tolls derived from the operation of such
business within the city. Gross operating revenues for this purpose shall not include
charges which are passed on to the subscribers by a telephone company pursuant to
tariffs required by regulatory order to compensate for the cost to the company of the tax
imposed by this chapter. The increase in tax revenue generated by the additional one
percent tax levied pursuant to Ordinance No. 6170 shall be relegated for use by the city
in support of its arterial street system, other than as follows: The1% tax levied January 1,
2020 – December 31,2020, will be transferred to the General Fund to support General
Fund services for the City’s fiscal year 2020. It is provided, however, that if the state of
Washington provides a long-term sustainable funding source to the city of Auburn arterial
street fund in an amount sufficient to off-set the amount of the increases in utility tax rates
of this chapter and the long-term funding source is sufficient to maintain the city of
Auburn’s arterial street system’s pavement condition index (PCI) at an average of 70 PCI
out of a score of 100 PCI for the foreseeable future, the telephone utility tax rate shall
automatically revert to five percent of the total gross operating revenues on telephone
businesses, including revenues from intrastate tolls derived from the operation of such
business within the city. (Ord. 6170 § 3, 2008; Ord. 5797 § 1, 2003; Ord. 5673 § 2, 2002;
Ord. 4185 § 2, 1986. Formerly 5.82.040.)
Section 5. Amendment to City Code. Section 3.88.040 ACC (Utility Services) is
amended to read as follows:
3.88.040 Tax – Levy.
On and after July 1, 2008, there is levied upon and there shall be collected from
every person, firm or corporation engaged in carrying on an electric power business,
natural gas business and/or artificial gas business for hire within or partly within the city
limits an annual tax for the privilege of so doing, such tax to be equal to six percent of the
total gross revenues received from the operation of such businesses within the city limits.
The increase in tax revenue generated by the additional one percent tax levied pursuant
to Ordinance No. 6170 shall be relegated for use by the city in support of its arterial street
system, other than as follows: The1% tax levied January 1, 2020 – December 31,2020,
will be transferred to the General Fund to support General Fund services for the City’s
fiscal year 2020. It is provided, however, that if the state of Washington provides a long-
term sustainable funding source of to the city of Auburn arterial street fund in an amount
sufficient to off-set the amount of the increases in utility tax rates of this chapter and the
Page 60 of 97
--------------------------------
Ordinance No. 6785
August 17, 2020
Page 5 of 5
Rev. 2019
long-term funding source is sufficient to maintain the city of Auburn’s arterial street
system’s pavement condition index (PCI) at an average of 70 PCI out of a score of 100
PCI for the foreseeable future, the electric power, natural gas business and artificial gas
business utility tax rate shall automatically revert to five percent of the total gross
revenues received from the operation of such businesses within the city limits. (Ord. 6170
§ 4, 2008; Ord. 5797 § 2, 2003; Ord. 5673 § 3, 2002; Ord. 4180 § 1, 1986; Ord. 3827 §
1, 1982; Ord. 3679 § 1, 1981; 1957 code § 5.42.030. Formerly 5.88.040.)
Section 6. Implementation. The Mayor is authorized to implement those
administrative procedures necessary to carry out the directives of this legislation.
Section 7. 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 8. 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 61 of 97
AGENDA BILL APPROVAL FORM
Agenda Subject:
Ordinance No. 6786 (Tate)(20 Minutes)
Date:
August 19, 2020
Department:
Community Development
Attachments:
Ordinance 6786 Ch 5.23 ACC Res idential Rental
Just Caus e
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
Schedule Ordinance 6786 for City Council action on September 8, 2020.
Background Summary:
Summary i s the same as that which was provided on July 13 and Jul y 20, 2020. Updated
information is provided in italics fol lowing the 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).
Page 62 of 97
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
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.
POLICY QUEST IONS:
1. General: Does City Council generally support inclusion of a JCEO in Auburn City
Code?
2. ACC 5.24.040.A.1: The draft document establishes a threshold and timef rame
requirement that warrants further discussion:
a. First, a 5% threshold is established. Rent increases of 5% or less require the
standard 60 day notification established in Washington State law. Increases that
are greater than 5% require more than 60 days notification. Jurisdictions that have
a JCEO have different thresholds that range from 3% to 7%. Staff included 5%
because it is the midpoint. Does City Council concur or should there be a
dif f erent threshold? For additional perspective, here are some figures that help
provide real dollars to the percentage options (using July 2019 median rental rate
of $1,732 per month):
Page 63 of 97
i. 3% increase = $50 per month
ii. 5% increase = $85 per month
iii. 7% increase = $120 per month
b. Second, a 120 day notification is established. Where rent increases are greater
than 5% the landlord would have to provide a 120 day notice to the tenant. Similar
to the percentage threshold, other JCEO’s range from 90 days to 180 days. Staff
selected 120 days because it is within the middle of the range. Does City Council
concur with 120 days or should it be modif ied to 90 or 180 days?
3. ACC 5.24.045: Does City Council support the inclusion of the temporary COVI D 19
related provisions included in section ACC 5.24.045 which establishes temporary,
modified enforcement restrictions? This is a unique provision that is not contained in
other JCEO’s but is timely due to the August 1, 2020 expiration of the Governor’s
current order that prohibits certain types of residential evictions and lays the foundation
for rental repayment plans for tenants that have lost income as a result of COVID 19
related matters.
Update: Ordinance 6780 was presented to City Council duri ng Study Session on
July 13, 2020. City Council. The ordinance was docketed for Council consideration
at thei r July 20, 2020 regular Counci l meeting. City Counci l adopted a portion of the
ordi nance i n order to address a pendi ng concern that the Governor’s Order
establ ishing a moratorium on evictions was set to expire on August 1, 2020. The
moratorium was later extended to October 15, 2020. Council also requested that
staff evaluate the public comments that had been received on the draft ordinance
given that there were comments i n support of the ordinance and comments in
opposi ti on of the ordinance, as wel l as suggested edits.
Because Ci ty Council took acti on at their July 20, 2020 meeting to adopt a portion of
the ordi nance, Ordinance 6780 is now in effect. The balance of provisions have now
been moved into a separate ordinance for Council considerati on. The draft Just
Cause Eviction Ordinance is now assi gned to Ordinance 6786.
Additionall y, Ordinance 6780 created new chapter 5.24 of the Auburn City Code.
Staff i s proposing that the temporary COVID provisions adopted under Ordinance
6780 remai n in its own Chapter of ci ty code. Ordinance 6786 proposes to create
new chapter 5.23 of the Auburn Ci ty Code. Chapter 5.23 wil l serve as the Just
Cause Eviction Ordinance. This wil l provide for enhanced future record keeping
since there is a sunset provisi on i n Chapter 5.24 and Chapter 5.23 will remain in
effect.
Ordi nance 6786 includes the foll owi ng revisions:
1. Changes the Chapter from 5.24 to 5.23
2. Adds provi sions that delay implementation of the rules unti l October 16, 2020. The
purpose of this delay is to allow staff adequate time to develop the webpage and
materi al s articulated in the ordi nance.
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3. ACC 5.23.040.A1.a: the language in subsection (a) was replaced. A provision was
removed that would have allowed tenants to break a lease i n advance of the
previ ously agreed upon lease terms as a result of the landlord providing longer
notificati on of a rental increase. After further review, this provisi on would have
created an unintended outcome. The provision was replaced wi th a reference to
RCW 59.18.140 which exempts subsi dized tenancy from the notification of rental
increases. This RCW exists to ensure that subsidized rental rates can increase in
associ ation with an increase in tenant earnings.
4. ACC 5.23.040.A.2: a provision was added that allows landlords to increase the
securi ty deposit for tenants with pets. Included in this provisi on i s a statement that is
intended to prohibit other types of fees within the pet deposi t.
5. ACC 5.23.060: Two exceptions were added to the “Notice of Proposed Sale of Low
Income Housing” provisions. One exception is for properties that are sold or
transferred but never listed. The other exception is to exempt properties where fewer
than 20% of the units are studi o apartments. The second exemption is intended to
ensure that a property with a small number of studio uni ts (whi ch tend to rent for
rates that qualify as affordable due to their size) is not classified as a “Low Income
Housi ng” property.
Stri kethrough/underline formatting shown in draft Ordinance 6786 reflects changes
that have been made since the version provided on July 20 and July 27, 2020.
These changes will not be refl ected i n the final version that i s moved forward for
Council consideration on September 8th (or other date). Thi s i s because the entirety
of Chapter 5.23 is new language.
Responses to comments previousl y received by members of the public:
1. A comment was made that requested to know the budget i mpli cation to the City
given that the agenda bills indi cates that the are no budget i mpacts. The comment
cited ACC 5.23.030 which requi res the city to develop materials that are to be
distributed to tenants. While i t is true that staff resources wil l need to be dedicated to
developi ng the webpage and the materials, staff views thi s work as typical
programmatic work that will be absorbed by key staff that wil l be involved in the
various aspects of development and implementation (e.g. busi ness license
coordinator, code enforcement, administration, and communi ty services). ACC
5.23.030 pl aces the burden of distributing materials on the landlord and not the city,
therefore, there are no city costs associated with this aspect.
2. Comments were submitted that state that the Just Cause Evi cti on Ordinance is rent
control which is not allowed in Washington State. Many ci ti es have adopted similar
ordi nances and at least 2 have had their ordinances chall enged and upheld in
court. Ci ty staff has conducted l egal research and is of the opinion that adding
longer notification periods for more si gnificant rental increase is not rent control. In
fact, one of the comment letters i ndicates in one statement that the longer lead times
are a form of rent control and then poi nts to the Washington State statute to highlight
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notificati on requirements that were recently increased by the State Legislature. If the
State Legisl ature’s increase of rental notifications to 60 days i s allowable without
viol ating the State’s Constitution, how does a city further increasing the notification
requirement cross a threshold that makes it become a vi ol ation?
Rev iewed by Council Committees:
Councilmember:Trout-Manuel Staff:Tate
Meeting Date:August 24, 2020 Item Number:
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Ordinance No. 6786
August 17, 2020
Page 1 of 13
ORDINANCE NO. 6 7 8 6
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, CREATING A NEW CHAPTER
5.243 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. 6786
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Section 1. New Chapter 5.243 to City Code. A new Chapter 5.243 of the
Auburn City Code is hereby created to read as follows:
Chapter 5.243
Rental Housing Policy
Sections:
5.243.010 Purpose and Intent.
5.243.020 Definitions.
5.243.030 Distribution of information required.
5.243.040 Deposit requirements, notice of rent increase requirements,
and installment payments permitted.
5.243.050 Notice requirement generally-reasonable accommodation
request.
5.243.060 Notice of proposed sale of low-income housing.
5.243.070 Just Cause Eviction
5.243.080 Compliance and enforcement.
5.243.010 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.
5.243.020 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. 6786
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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. 6786
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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. 6786
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5.243.040 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) Pursuant to RCW 58.19.140, if the rental agreement governs a
subsidized tenancy where the amount of rent is based on the income of the tenant
or circumstances specific to the subsidized household, a landlord shall provide a
minimum of thirty days' prior written notice of an increase in the amount of rent to
each affected tenant. An increase in the amount of rent may become effective upon
completion of the term of the rental agreement or sooner upon mutual
consent.[JT1]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.[JT2]
(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.
However, additional security deposits may be added for tenants that have pets
provided that those deposits are reasonable and do not embed other types of
deposits or fees.[JT3]
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
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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
(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
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Ordinance No. 6786
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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 5.243 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.
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. [JT4]
5.243.050 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.
5.243.060 Notice of proposed sale of low-income housing.
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A. 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 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.
The following exceptions apply:
1. Properties that are transferred to family members, transferred
through will, or that are not listed for sale; or
1.2. Properties where 20% or fewer of the units are studio apartments
and that is what is triggering the notice provisions of this section.[JT5]
5.243.070 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, refuse to
renew or continue a tenancy after expiration of the rental agreement[JT6], 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
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(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
rebuttable presumption of a violation of this subsection 5.243.070(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
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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
(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
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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 5.243.070 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;
D. If a tenant who has received a notice of termination of tenancy
claiming subsection 5.243.070(A)(5), 5.243.070(A)(6) or 5.243.070(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 5.243.070(A)(5),
5.243.070(A)(6), 5.243.070(A)(8), 5.243.070(A)(11), 5.243.070(A)(12) or
5.243.070(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
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Ordinance No. 6786
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Page 12 of 13
tenant in a private right for action for damages up to $2,000, costs of suit, or
arbitration and reasonable attorney's fees.
5.243.080 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
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
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Ordinance No. 6786
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Page 13 of 13
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. With
respect to the informational requirements established in ACC 5.23.030, City staff will
develop the materials and webpage prior to the October 16, 2020 implementation date.
The City encourages and welcomes the public to provide examples from other sources.
Examples must be provided by September 18, 2020.
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 and shall
have an implementation date that begins on October 16, 2020.
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Ordinance No. 6786
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Page 14 of 13
INTRODUCED: ___________________
PASSED: _______________________
APPROVED: _____________________
CITY OF AUBURN
_______________________________
NANCY BACKUS, MAYOR
ATTEST: APPROVED AS TO FORM:
_____________________________ _______________________________
Shawn Campbell, MMC, City Clerk Kendra Comeau, City Attorney
Published: ____________________
Page 80 of 97
AGENDA BILL APPROVAL FORM
Agenda Subject:
Ordinance No. 6788 (Thomas)(5 Minutes)
Date:
August 17, 2020
Department:
Finance
Attachments:
Ordinance No. 6788
Budget Impact:
Administrativ e Recommendation:
For discussion only.
Background Summary:
This ordinance extends the provisions of Ordinance No. 6777, adopted by Council on June
15, 2020. Ordinance No. 6777 extended the temporary waiver of late fees f or utility accounts
and airport fees set forth in Ordinance No. 6767, to August 31, 2020. Ordinance No. 6767,
adopted by Council on March 23, 2020, temporarily superseded sections of the Auburn
Municipal Code which requires water shut of f s for delinquent utility accounts and late f ees
assessed on delinquent water, sewer, and airport consumption/usage. These sections will be
waived until the earlier of: (a) termination of the civil emergency proclaimed by the Mayor on
March 5, 2020; or (b) June 30, 2020 August 31, 2020.
On July 31, 2020, Governor Jay Inslee issued proclamation 20-23.7, extending the
prohibition on residential utility shut of f s through October 15, 2020. This ordinance extends
the waiver of the Auburn Municipal Code, as it relates to water shut offs f or delinquent utility
accounts and late fees assessed through October 15, 2020, to coincide with the Governor’s
proclamation.
Rev iewed by Council Committees:
Councilmember:Staff:Thomas
Meeting Date:August 24, 2020 Item Number:
Page 81 of 97
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Ordinance No. 6788
August 17, 2020
Page 1 of 5
ORDINANCE NO. 6788
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AMENDING ORDINANCE NO.
6777, EXTENDING THE TEMPORARY WAIVER OF LATE
FEES FOR UTILITY ACCOUNTS AND AIRPORT FEES,
SUPERSEDING CERTAIN SECTIONS OF AUBURN CITY
CODE REQUIRING PAYMENT OF SUCH LATE FEES AS
SET FORTH IN ACC 12.56.045; 13.06.300; 13.06.511;
13.20.390; AND 13.48.120, IN LIGHT OF A DECLARED
PUBLIC HEALTH EMERGENCY RELATED TO COVID- 19
WHEREAS, the World Health Organization has announced novel coronavirus
COVID-19) is officially a global pandemic; 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 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, the COVID-19 outbreak presents an extreme risk of person-to- person
transmission of the virus and public health experts worldwide advise the best way to
prevent transmission of the virus is to prevent infected people from coming in close
contact with healthy persons; and
WHEREAS, following recommended public health best practices, including social
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-------------------------------
Ordinance No. 6788
August 17, 2020
Page 2 of 5
distancing, which is critical to mitigate the spread of COVID-19, is also having significant
negative economic effects on the national, regional, and local economy, in particular small
businesses and workers in the Auburn-area who cannot work remotely and may not
receive full wages during this time; and
WHEREAS, utility bills combined with the public health emergency for COVID-19
will inherently have a disproportionate negative impact on low-wage workers, individuals
on fixed incomes, non- profit organizations and small businesses, inhibiting their ability to
pay utility bills before the due date; and
WHEREAS, temporarily waiving the charging of late fees on delinquent bill
balances as soon as possible, for utility bills and airport fees, is necessary both to help
ease the negative impact on low-wage workers, individuals on fixed incomes, non-profit
organizations and small businesses and to reduce the frequency of in-person bill
payment during the emergency; and
WHEREAS, the Auburn City Code ("ACC") includes several provisions requiring
late fees on delinquent utility consumption and utilization charges; and
WHEREAS, the ACC and the adopted City of Auburn Fee Schedule includes
provisions requiring late fees on delinquent airport payments; and
WHEREAS, as part of its continued efforts to respond to the emergency and
provide assistance to its customers, the City has determined it is appropriate to
temporarily waive imposition or collection of late fees and penalties assessed against
users of the City's utility systems and municipal airport; and
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Ordinance No. 6788
August 17, 2020
Page 3 of 5
WHEREAS, in order to provide for a waiver of late fees, on March 23, 2020, the
City Council adopted Auburn Ordinance No. 6767; and
WHEREAS, in order to address the purposes for which the late fees were to be
waived, it is appropriate to extend the waiver of late fees, consistent with the Governor’s
Proclamation(s); and
WHEREAS, per Ordinance No. 6767, the initial date on which the waiver of late
fees was set expire was June 30, 2020; and
WHEREAS, in accordance with the provisions of subsequent Washington State
Gubernatorial Proclamations, Auburn’s Ordinance No. 6777, adopted on June 15, 2020,
extended the waiver of late fees through August 31, 2020; and
WHEREAS, the recently enacted Governor’s Proclamation 20-23.7 extended the
waiver of late fees and shutoff to October 15, 2020; and
WHEREAS, it is appropriate for the City of Auburn to similarly extend its waiver of
late fees.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows:
The provisions of Ordinance No. 6777 are amended as follows:
Section 1. Late Fees Waived. The imposition and collection of late fees
assessed against users of the City of Auburn’s utility systems and municipal airport are
waived until the earlier of: a) termination of the civil emergency proclaimed by the Mayor
on March 5, 2020; or (b) August 31, 2020 October 15, 2020.
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Ordinance No. 6788
August 17, 2020
Page 4 of 5
Section 2. Affected City Code Sections. To the extent the following sections
or subsections of the ACC that authorize or require the collection of late fees and penalties
on delinquent utility customer consumption, utilization charges, or airport fees, are
inconsistent with Section 1 of this Ordinance, those sections are superseded and waived
during the time period stated in Section 1:
ACC 12.46.045 (Airport tiedown, Hangar, and Storage Rental Fees)
ACC 13.06.290 (Water-Service Charges- Nonpayment Action)
ACC 13.06.300 (Water-Service Charges-Payment and Delinquency)
ACC 13.06.511 (Fees, Service Charges, Fines, Penalties and Damage)
ACC 13.20.390 (Sewage Conveyance and Disposal Service Charge-Payment
Dates-Payment Delinquency)
ACC 13.48.120 (Sewers- Billing and Collection)
City of Auburn Fee Schedule (B)(9) (Engineering and Public Works Fees, Other
Utility Fees)-Delinquent shut off, late charge, delinquent meter pull; (D)(1) (Auburn
Municipal Airport Fees, Lease Fees)-Late payments and delinquency fee.
Section 3. Late Fee Waivers. The Mayor is authorized to waive late fees both
in the code and set forth in the City of Auburn Fee Schedule consistent with ACC
2.03.030.
Section 4. Implementation. The Mayor is authorized to implement those
administrative procedures necessary to carry out the directives of this legislation.
Section 5. Severability. The provisions of this Ordinance are declared to be
separate and severable. The invalidity of any clause, sentence, paragraph, subdivision,
section, or portion of this Ordinance, or the invalidity of the application of it to any person
or circumstance, will not affect the validity of the remainder of this ordinance, or the validity
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Ordinance No. 6788
August 17, 2020
Page 5 of 5
of its application to other persons or circumstances.
Section 6. Effective date. This Ordinance will take effect and be in force five
days from and after its passage, approval, and publication as provided by law.
INTRODUCED: ___________________
PASSED: _______________________
APPROVED: _____________________
CITY OF AUBURN
_______________________________
NANCY BACKUS, MAYOR
ATTEST: APPROVED AS TO FORM:
_____________________________ _______________________________
Shawn Campbell, MMC, City Clerk Kendra Comeau, City Attorney
Published: ____________________
Page 86 of 97
AGENDA BILL APPROVAL FORM
Agenda Subject:
Fireworks Update (O'Neil)(30 Minutes)
Date:
August 18, 2020
Department:
Police
Attachments:
2020 Firework s report
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
For discussion only.
Background Summary:
I n 2020, the City of Auburn continued to maintain a “zero tolerance” policy on the possession
and/or discharge of illegal f ireworks in the city. I f of f icers were able to establish probable
cause for either possession or discharge of illegal f ireworks, they were to cite the appropriate
city code. I f of f icers were unable to establish probable cause for a particular individual, and
f ireworks were present, the fireworks were to be conf iscated for destruction. I n 2020, the
City ordinance was changed to reflect the ability of Of f icers to issue civil inf ractions instead of
criminal citations f or many portions of the city code.
Rev iewed by Council Committees:
Councilmember:Staff:O'Neil
Meeting Date:August 24, 2020 Item Numb er:
Page 87 of 97
AUBURN POLICE DEPARTMENT
2020
FIREWORKS REPORT
Page 88 of 97
AUBURN POLICE DEPARTMENT
Background
In 2020, the City of Auburn continued to maintain a “zero tolerance” policy on the possession and/or discharge
of illegal fireworks in the city. If officers were able to establish probable cause for either possession or
discharge of illegal fireworks, they were to cite the appropriate city code. If officers were unable to establish
probable cause for a particular individual, and fireworks were present, the fireworks were to be confiscated for
destruction. In 2020, the City ordinance was changed to reflect the ability of Officers to issue civil infractions
instead of criminal citations for many portions of the city code.
Objectives
Objectives from 2019 were continued in 2020.
1. Continue efforts to improve communication and collaborative efforts with representatives from the
Muckleshoot Indian Tribe.
o Officer Gould has continued cultivating relationships with the Muckleshoot Indian Tribe through
monthly meetings with the Muckleshoot Law and Order Committee. Sonny Jerry was the Fireworks
Commissioner in 2020. Sonny, along with Tribal Councilmember Mike Jerry, were the primary contacts
for all issues related to fireworks at the stands and discharge area.
o The Tribe communicated well with the City, giving advance notice of when vendor displays would take
place. The City was able to notify citizens of the event so they could plan accordingly.
o The Tribe continued with the same hours of operation for the stands as 2019, the stands and discharge
area were open until 2200 Sunday-Thursday and until 0000 on Friday and Saturday. The Tribe
maintained the hours of operation on July 4th to 0200 on July 5th. The Tribe continued their agreement
not to allow the discharge of fireworks at the stands after 0200 on July 5th.
o The Tribe did not notify the City of any restrictions at the stands related to COVID-19, but the sales of
fireworks did start about 30 days later than in 2019 due to issues with COVID-19.
2. Continue with an active Officer presence and enforcement in the neighborhoods with proactive fireworks
patrols and response to 911 complaints of fireworks.
o Fireworks emphasis patrols started this year on June 24th and ran through July 5th.
o APD maintained our deployment of 6 Officers and a Sergeant at the stands on July 4th.
o APD assigned one Sergeant and 6 officers to the north end of the city on July 4th between 1500 and
0100.
o APD assigned one Sergeant and 6 officers to the south end of the city on July 4th between 1500 and
0100.
o APD assigned one Sergeant and 6 officers to the City Parks on July 4th between 1500 and 0100.
Page 89 of 97
AUBURN POLICE DEPARTMENT
Results
During the 2020 fireworks emphasis (excluding July 4th), 7 officers worked a total of 63 hours between
June 24th and July 5th. In 2019, 6 officers worked 34 hours between June 24th and July 5th. There were 6 hours
and 1 shift that went unfilled. The unfilled shift occurred on a night when two officers were allowed to work
the emphasis patrol shift.
On July 4th, 18 Officers and three Sergeants were assigned to fireworks emphasis patrols throughout the city, an
increase from 14 officers and two Sergeants in 2019. Officers worked as two man units, utilizing marked cars,
increasing visibility to the citizens. The deployment was split into 6 officer elements, supervised by 1 Sergeant
for effective command and control. Deployments were split into South End, North End and Parks.
Six officers and one Sergeant were deployed to the fireworks stands for crowd control and a police presence in
the discharge area. Several thousand citizens patronized the stands throughout the day and evening. There
were no significant injuries and one minor injury to patrons on the evening of July 4th. There were no significant
fireworks related injuries at the stands during the week leading up to the holiday.
There were no reported injuries to officers this year.
The peak activity hours for firework related calls was between 9:00 p.m. and 12:00 a.m. Emphasis units secured
at 0100 and there were only 5 firework related calls between 0100 and 0800. The stands were shut down by the
stands officers and 6 extra emphasis officers, in coordination with the fireworks commissioner and fireworks
security members, at 0100 hours. It took about 45 minutes to complete that task.
A request was made to APD to close the discharge area at approximately 10:00 P.M. when the stands sold out. It
was considered that this decision has negatively impacted the City as a whole in the past, so the request was
denied.
Page 90 of 97
AU BURN POLICE DEPARTMENT
4TH OF JULY - SNAPSHOT
There were a total of 163 fireworks-related calls for service between 1100 hours on July 4th through 0800
hours on July 5th.
Calls by District:
District 1 - 13
District 2 - 49
District 3 - 28
District 4 - 28
District 5 - 20
District 6 - 25
The calls by district numbers for the 4th of July show that District 2 was by far the busiest.
4TH OF JULY - OVER THE YEARS
Fireworks calls for activity between 1100 on 7/4 through 0800 on 7/5 for the past five years.
2016 2017 2018 2019 2020
Calls for Service 114 181 154 172 163
0
20
40
60
80
100
120
140
160
180
200
2016 2017 2018 2019 2020
114
181
154
172 163
Calls for Service
Page 91 of 97
AU BURN POLICE DEPARTMENT
4TH OF JULY CALLS BY DISTRICT – OVER THE YEARS
CALLS FOR SERVICE – OTHER VALLEY AGENCIES
This chart shows Auburn in comparison to other valley cities. The numbers below represent fireworks-related
calls for service from 1100 on 7/4 to 0800 on 7/5.
1100 on 7/4/2020 to 0800 on
7/5/2020
Kent 225
Auburn 163
Federal
Way 153
Renton 129
Tukwila 61
8
29 26
16 16 1920
49
36
30
21
2524
34
13
30
19
34
16
45
39
25 22 25
13
49
28 28
20
25
0
10
20
30
40
50
60
Patrol District 1 Patrol District 2 Patrol District 3 Patrol District 4 Patrol District 5 Patrol District 6
Firework Calls by District
2016 2017 2018 2019 2020
Page 92 of 97
AU BURN POLICE DEPARTMENT
FIREWORK SEASON – OVER THE YEARS
Calls for service, cases, and arrests over the past five years are captured below.
6/1/2016 to
7/5/2016
6/1/2017 to
7/5/2017
6/1/2018 to
7/5/2018
6/1/2019 to
7/5/2019
6/1/2020 to
7/5/2020
Fireworks Calls for Service 320 392 288 390 511
Cases Written 4 4 7 6 5
Arrests Made 2 2 8 6 0
Infractions 0 0 0 0 11
6/1/2020 to 7/5/2020
Patrol District 1 34
Patrol District 2 146
Patrol District 3 76
Patrol District 4 97
Patrol District 5 55
Patrol District 6 103
TOTAL 511
Page 93 of 97
AU BURN POLICE DEPARTMENT
MAP
Page 94 of 97
AU BURN POLICE DEPARTMENT
Confiscated Fireworks
751 confiscated fireworks were located in the storage container. This was a decrease from 3179 in 2019.
Page 95 of 97
AU BURN POLICE DEPARTMENT
Lessons Learned
For 2020, the department again focused on areas that had the highest volume of firework complaints in the past
and shifted emphasis enforcement to those areas as needed.
For the fourth year in a row, VRFA shared our SpecOps channel, faciliting communications between police and
fire.
Cooperation with the Tribe was again excellent. Tribal representatives for the stands were in constant
communication with the police department. Tribal Councilmember Mike Jerry was a consistent point of contact
for Auburn PD.
An emphasis was placed on patrolling the parks, which reduced the amount of firework debris left behind.
There was an emphasis placed on education leading up to the 4th. There were several social media posts made
regarding legal and illegal fireworks. This should not only continue in 2021, but be increased.
The traffic on Auburn Way South was backed up for most of the afternoon and evening due to the left turn lane
into the stands/discharge area. Working with City engineers to keep the left turn arrow on longer will potentially
increase traffic flow and mitigate the impact to the community.
Some of the Auburn schools were targeted by citizens as discharge areas. No damaged was documented, but
there was trash left behind. In 2021, school officers can be ordered to work to Patrol their respective high schools
and the neighboring schools in their area.
The City parks were still a popular area for citizens to congregate and discharge fireworks. At one point, parks
enforcement units encountered 150-200 people at Lea Hill park. Parks Director Daryl Faber was contacted prior
to July 4th and he was asked about barricades and closing the parks for July 4th. It was learned that some of the
parks have gates, but citizens would still be able to walk into all of the parks. For 2021, APD will work with parks
to add more signage to the parks in addition to gaining access to keys, and training, for activating City park
watering systems to activate sprinklers as a tool to dissuade citizens from accessing the parks after dark. In a
phone conversation after July 4th, Director Faber did note that there were small pockets of garbage in parks, but
the annual vandalism to parks property was minimal compared to prior years. A parks emphasis will be continued
in 2021.
The total amount of confiscated fireworks was minimal compared to prior years. This was due, in part, to the
discretion given to Officers for the first time. When probable cause was obtained and a citizen was issued an
initial infraction, the Officers had the discretion to warn the citizen that they now needed to take their fireworks
to the discharge area. If probable cause was found for additional violations of City Code, the Officers were not
given discretion for fireworks confiscation.
Page 96 of 97
AU BURN POLICE DEPARTMENT
This was a unique year due to the COVID-19 pandemic and because of recent events related to law enforcement
and citizens resulting in protests, violence and deaths across the country. Officers have noticed that citizens have
become more and more agitated with “Stay at Home” orders. There was a concern that certain instigators may
attempt to travel to Auburn and provoke some type of Police confrontation in the discharge area since this was
the only “public” type demonstration of fireworks in the area with many people in attendance. There was an
additional concern that due to current anti-Police sentiment by some citizens, confiscating fireworks could
potentially lead to an unneccesary use of force situation between Auburn Officers and citizens of Auburn. Gladly,
Auburn Police Officers working fireworks shifts on July 4th did not have to respond to any citizens resistance while
enforcing State law and City Code.
Page 97 of 97