HomeMy WebLinkAbout04-12-2021 CITY COUNCIL STUDY SESSIONCity Council Study Session Finance,
Technology and Economic Dev elopment
Special Focus Area
April 12, 2021 - 5:30 P M
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I .C A L L TO O R D E R
I I .Virtual Participation L ink
A .Virtual Participation L ink
The A uburn City Council Study Session scheduled for Monday, A pril 12, 2021 at 5:30
p.m. will be held virtually and telephonically. To attend the meeting virtually please click
one of the below links, enter the meeting I D into the Z oom app, or call into the meeting
at the phone number listed below.
P er Governor I nslee's Emergency P roclamation 20-05 and 20-28 et. seq. and S tay
S afe-Stay Healthy, the City of A uburn is holding public meetings virtually at this time.
City of Auburn Resolution No. 5581, designates City of Auburn meeting locations for
all Regular, Special and S tudy S ession Meetings of the City Council and of the
Committees, B oards and Commissions of the City as Virtual L ocations.
The link to the Virtual Meeting or phone number to listen to the Council Meeting is:
J oin from a P C, Mac, iPad, iP hone or A ndroid device:
P lease click one of the below UR L to join.
Z O O M: https://zoom.us/j/92594756324
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Or join by phone:
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877 853 5257 (Toll Free)
Webinar I D: 925 9475 6324
B .Roll Call
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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 .Facility Needs Assessment and Master P lan – Draft Final P lan Briefing (Gaub)(45
Minutes)
B .Ordinance No. 6817 (Tate)(30 Minutes)
A n Ordinance amending Chapters 2.22 and 9.50 of A uburn City Code as it relates to
camping on City property, providing for an admonishment process and administrative
appeal
I V.F I NA NC E, T E C HNO L O G Y A ND E C O NO MI C D E V E L O P ME NT D I S C US S I O N I T E MS
A .Ordinance No. 6814 (T homas)(30 Minutes)
Draft B&O Tax Code
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 review
at the City Clerk's Office.
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AGENDA BILL APPROVAL FORM
Agenda Subject:
Facility Needs Assessment and Master Plan – Draft Final Plan
Briefing (Gaub)(45 Minutes)
Date:
April 7, 2021
Department:
Public Works
Attachments:
Draft Final Plan Briefing Pres entation Slides
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
For discussion only.
Background Summary:
The purpose of this discussion is to brief Council on the draft final plan report that is being
prepared as part of the Facility Needs Assessment and Master Plan project. This briefing is
the last of four Council Checkpoints scheduled as part of this project. This briefing will cover
progress since the Draft Recommendations briefing to Council held on December 14, 2020
including the contents of the draft final plan report.
The Facilities Master Plan project is conducting a planning level effort, with the assistance of a
consultant, to identify and develop conceptual solutions and alternatives for future City facility
needs. The evaluation includes an analysis of the potential staffing needs and provides the
preferred land usage and building needs for the next 20 years, through a joint collaborative effort
with Parks Maintenance & Operations, Public Works Maintenance & Operations, Police, and
Departments located at City Hall and the Annex. The end product will be a prepared master plan
document that will include recommendations for future facility space and land needs.
Rev iewed by Council Committees:
Councilmember:Stearns Staff:Gaub
Meeting Date:April 12, 2021 Item Number:
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AGENDA BILL APPROVAL FORM
Agenda Subject:
Ordinance No. 6817 (Tate)(30 Minutes)
Date:
April 6, 2021
Department:
Mayor's Office
Attachments:
Ordinance No. 6817
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
Schedule Ordinance No. 6817 for Council vote at the April 19, 2021 regular City Council
meeting.
Background Summary:
City Council adopted Ordinance 6781 on September 8, 2020. Since that time City staff have
conducted further analysis, collected additional data, and have observed an increase in
homeless encampments that have been established throughout the city and within
environmentally sensitive areas. The City has also received an increasing amount of
feedback from residents and the business community requesting that more be done to
address the impacts associated with the establishment of homeless encampments.
Additionally, the Auburn Community Court will be opening within the next couple of months.
It is staff’s opinion that the above collection of issues and the timing of the opening of
community court is cause to revisit Ordinance 6781 and to recommend that City Council take
additional action that emphasizes the City’s service first philosophy while mitigating the
environmental, financial, human, and economic impacts that result when individuals are
allowed to remain within homeless encampments while shelter space and services are
available.
Environmental Impacts:
Over the last 6 months city staff has encountered 43 separate homeless encampments.
Not all of those encampments are currently occupied. Some individuals abandon their
encampment and move to a different location. 29 of these encampments are located
within wetlands or riparian river habitat areas. Encampments located within these
environmentally sensitive critical areas impact the environment in the following ways:
Native vegetation is heavily damaged due to walkways, tent sites, fire pits, and garbage
that is dumped on site. Health native vegetation is crucial to the survival of both aquatic
and terrestrial life that rely upon wetlands, rivers, and their surrounding buffers. Native
vegetation also provides root structure that ensures soil remains intact and does not
erode into creeks, ditches and other water ways.
Debris is often placed in wetlands, creeks and other water ways. Staff routinely find
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used needles, human waste, electronics, batteries, plastic, food waste, and other items
within these environmentally sensitive areas. This adversely impacts water quality which
impacts fish, aquatic life, terrestrial life, plants, and aquifers.
Debris that makes its way into the Green or White Rivers is often deposited outside of
Auburn in downstream communities and/or into Commencement Bay or Lake Union.
This includes plastic, used needles, feces, cans, clothes, wrappers, toys, and food
waste. The Puyallup Tribe has documented used needles in their fish traps and has
requested that upstream communities provide assistance in reducing debris entering
critical salmon rivers.
Financial Impacts:
Cleaning up homeless encampments is expensive. Haul costs alone range from
$10,000 to $50,000 per encampment. These costs become more expensive when the
encampment is located within an environmentally sensitive critical area because
mechanized equipment or vehicles are not permitted to access wetlands and riparian
river habitat. Hauling must be carried out by hand. And even then, the hundreds of trips
back and forth from the encampment to the trucks will further damage these areas. And
once clean, the city has an obligation to restore the vegetation that was damaged in
order to eliminate the potential for invasive and/or noxious plants from establishing
themselves.
Cleaning 43 encampments will range in cost from $430,000 to $2.125 million. These
are one-time costs and, without intervention, will reoccur each year.
Human Impacts:
The homeless population is not thriving within the current City approach. People are
being harmed and/or dying, drug addiction continues, children are not being protected
yet the services exist to interrupt these alarming patterns.
In the last 6 months several homeless individuals have died due to a drug overdose.
City staff had already started working with these folks before they died.
Homeless individuals have been stabbed, lit on fire, and boulders thrown at their heads
by other homeless individuals.
In a few instances, children are being raised within homeless encampments. Babies
are born within encampments. And one mother has been raising 5 children within an
encampment that range in ages from 6 to 14. Agencies that typically enter the home
environment to address the welfare of children will not go deep into the woods.
Drug addiction and use is rampant within the encampments. Of the 43 encampments,
41 had dozens of used needles. The 2 that did not have needles were littered with
empty bottles of liquor.
Economic Impacts:
City staff and City Council have heard from a number of different residents and
business owners who have expressed concerns over the issues that surround
homelessness. Those issues include:
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Outside of the above city costs, private property owners are also incurring costs.
Individual property owners and business owners routinely clean the sidewalks,
doorways, and landscape areas of used needles, human feces, and general litter. Many
do so on a daily basis.
City staff routinely hear from business owners that their employees and patrons indicate
that they do not feel safe within the community due to the portion of the homeless
population that exhibit behaviors associated with drug use, unstable mental health, break
ins and theft, etc. Whether real or perceived, if this becomes a narrative associated
with Auburn, business owners will lose patrons and employees.
City staff acknowledges that we are asking Council to revisit a decision that was made in
September 2020. It is our opinion that the last 6 months of experience plus the launch
of the community court are reason to revisit the City’s codified approach to
homelessness and Ordinance 6817 includes additional admonishment processes and
an administrative appeal. City staff appreciates that some Councilmembers spent
several hours in the field with Kent Hay to tour a number of encampments. To
understand the extent of the conditions within a single encampment requires a firsthand
view.
Ordinance 6817 was drafted in consultation with the Departments of Parks, Public
Works, Community Development, Legal, Police, Administration and the Mayor’s Office.
The representatives strongly urge City Council to adopt this ordinance in order to
interrupt the environmental, economic, financial and human impact that the City’s current
approach is allowing to occur.
Rev iewed by Council Committees:
Councilmember:Staff:Tate
Meeting Date:April 12, 2021 Item Number:
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Ordinance No. 6817
March 25, 2021
Page 1 of 12
ORDINANCE NO. 6817
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, RELATING TO CAMPING AND
OCCUPYING CITY PROPERTY, AMENDING THOSE PORTIONS
OF ORDINANCE NO. 6781 PERTAINING TO SECTIONS
2.22.210, 2.22.220, AND 9.50.030 OF THE AUBURN CITY CODE,
AND ADDING A NEW SECTION ACC 2.22.240 TO THE AUBURN
CITY CODE
WHEREAS, in 2020, the City proposed Ordinance No. 6781 to the City Council.
Ordinance 6781 regulated camping and related activity on City property and designated
activity prohibited in the ordinance as a misdemeanor criminal offense with corresponding
potential criminal penalties;
WHEREAS, the City Council considered Ordinance 6781 at its study sessions on
July 27 and August 24, 2020, and at its regular Council meeting on September 8, 2020;
WHEREAS, at these meetings, the Council heard statements from City
representatives Jeff Tate and Kent Hay regarding the basis for Ordinance 6781 and the
reasons for its proposal to the Council;
WHEREAS, the Council voted on Ordinance 6781 at the September 8 Council
meeting. During the voting process, the Council revised Ordinance 6781 by motion to
replace its criminal offense designation and penalties with civil infraction penalties;
WHEREAS, the Council voted to adopt Ordinance 6781 as revised by motion;
WHEREAS, in an ongoing effort to address the problems associated with
homelessness, the City proposes this Ordinance with its below proposed revisions to
ACC 9.50.030 and ACC 2.22. This ordinance is intended to restore the criminal offense
designation and penalties originally contemplated for Ordinance 6781, and also to give
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Ordinance No. 6817
March 25, 2021
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city enforcement personnel an additional legal option of issuing trespass admonishments
to persons camping in parks or on other city properties and providing for an appeal;
WHEREAS, in support of this ordinance the City offers the following additional
information regarding the homelessness problem in the City and the City’s responsive
remedial efforts. This information was not presented to the Council or considered by the
Council when Ordinance 6781 was adopted:
Environmental impacts: Homelessness and related activity has the
following environmental impacts on the City:
Over the last 6 months the City has identified 43 different homeless
encampments on City-owned property. Twenty-nine (29) of these
encampments have been located within wetlands or within riparian
habitat areas that are adjacent to the Green River, White River or Mill
Creek, all of which provide important habitat to salmon;
The City has identified encampments that have become flooded
during typical seasonal high water events. Flooding within wetlands
causes islands and hummocks that are sometimes dry to be
underwater. Seasonal flooding along rivers causes water to move at
high velocity through riverine floodplains. In both instances, clothing,
hypodermic needles, human waste, plastic, batteries, electronics,
bicycles, shopping carts, tires, food waste, and other garbage enter
the wetland depressions, channels, creeks and rivers. Some of this
debris is also transported downstream and outside of Auburn;
It is contrary to the objectives of environmental protection and
preservation for clothing, hypodermic needles, human waste, plastic,
batteries, electronics, bicycles, shopping carts, tires, food waste, and
other garbage to enter wetlands, creeks, and rivers that provide
value to aquatic life, terrestrial life, flood detention, surface water
quality and ground water quality;
The City of Auburn has invested many millions of dollars to protect
and preserve the environment, and has acquired dozens of
properties for this purpose. The City has spent millions of taxpayer
dollars to restore environmentally sensitive lands that were
previously altered;
One single example of a City investment to protect and restore
environmentally sensitive lands is the Mill Creek 5K wetland
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Ordinance No. 6817
March 25, 2021
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restoration and creek realignment project. The City spent more than
$7,000,000 to acquire sensitive lands, install a fish friendly culvert
under 15 Street NW, recreate a meandering fish friendly creek
present decades ago that was then altered for farmland, and plant
millions of new trees, shrubs and grasses for the benefit of fish and
water quality. These financial investments and mitigation efforts
have been heavily impacted and, in some areas, destroyed by
activity associated with homeless encampments;
Throughout the City, vegetation has been removed, human waste
deposited, and used hypodermic needles discarded in areas that
otherwise prohibit private property owners from mowing, planting,
grading, hydroseeding, applying pesticide or herbicide, constructing
trails, building, or any other type of human activity that encroaches
into the environmentally sensitive feature or its buffer. Chapter 16.10
of the Auburn City Code states that environmentally sensitive critical
areas are naturally vegetated, undisturbed, enhanced or revegetated
areas that are to be protected from adverse impacts to their integrity
and value;
Financial impacts:
The City has received estimates from 3rd party contractors to clean
up the 43 homeless encampments referenced above. The estimates
for these clean-up efforts range in cost from $10,000 to $50,000 per
encampment;
The total clean-up cost for these encampments ranges from
$430,000 to $2.25 million. This cost only covers the cost to haul out
debris—it does not cover the costs associated with site preparation,
installation of erosion control measures, and restoration of a site
once it is cleaned up. The City expects to incur these additional
costs as annual recurring costs as well as the cost of staff support to
complete such work;
The City does not have the budget to cover these costs on an
annual basis, and believes that its historic approach of investing
public money in shelter services rather than environmental cleanup
is a better and more effective use of public funds;
Limited effectiveness of infraction enforcement: Enforcement of the
ordinance as a civil infraction will not adequately address the problems
associated with homeless encampments and related activity on public
property because:
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Ordinance No. 6817
March 25, 2021
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by law, civil infractions carry only monetary penalties that provide
little to no deterrent to homeless individuals who have little or no
financial resources to pay;
unpaid civil infraction penalties result in a money judgment against
the cited person that can affect their creditworthiness when later
applying for financial or housing resources;
court’s hearing and deciding civil infractions can only impose the
infraction’s monetary penalty—they cannot order cited persons to
utilize needed community services designed to alleviate the
underlying causes of homeless behavior;
civil infraction offenses cannot be referred to the City’s community
court program for adjudication, so cited individuals attending
traditional court to address a cited infraction will not be connected to
the community court program facility or its adjacent ACRC facility that
offers individuals needed and available services and resources
aimed at reducing homelessness;
Safety and health concerns: Civilian social workers will often accompany
police officers while contacting individuals experiencing homelessness and
who also may be camping on City property. Individuals camping under
these circumstances often utilize tents as temporary shelters and/or for the
storage of personal items. Contacts between individuals camping and
officers can be unpredictable, requiring officers to have specialized training
and equipment. In order to ensure the safety of unarmed, untrained, and
under equipped City staff such as the City’s homeless navigator, who may
be working alongside law enforcement with homeless individuals, it is
important that officers have an unobstructed view into the tent to scan for
weapons or other dangerous items. It is not uncommon for individuals
experiencing homelessness to possess weapons as a form of protection.
Having an unobstructed view would also enable police or civilian workers to
see whether individuals inside are experiencing a medical emergency
requiring immediate assistance;
WHEREAS, having received and considered the above additional information
related to: 1) the homelessness problem in the City and its effects on City residents,
resources and environment; and 2) the enforcement tools needed by the City to effectively
address the problem and its City-wide effects, the Council finds it in the City’s best
interests to further consider the issue of homelessness in the City and how the City can
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Ordinance No. 6817
March 25, 2021
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effectively address the issue through its ordinance directed at prohibiting camping activity
on City property.
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 the Auburn City
Code is amended to read as follows:
No person shall erect, maintain, use or occupy a tent or shelter in any City of
Auburn park unless there is 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 9.50.030.
Violation of this section is constitutes a Class 1 civil infraction punishable by a
$250 fine pursuant to Chapter 7. 80 RCW. Nothing in this section shall be
construed to authorize overnight camping, which is prohibited pursuant to ACC
9.50.030.
Section 2. Amendment to City Code. Section 2.22.220 of the Auburn City
Code is amended to read as follows:
A. Unless otherwise posted, parks shall open one-half hour before sunrise and
close one-half hour after sunset. No person shall enter or remain in a park when
it is closed. Any person entering or remaining in a closed park when it is closed
is subject to arrest and prosecution for criminal trespass a Class 1 civil infraction
pursuant to ACC 9.96.900 and/or RCW 9A.52.
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.
2. Sidewalks that are within the right-of-way of a public street, when the street is
not within the boundaries of a park.
3. Persons entering or remaining in a closed park in violation of ACC 9.50.030.
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Section 3. New Section. A new section ACC 2.22.240 is added to the Auburn
City Code to read as follows:
A. Enforcement authority in parks. In addition to any other enforcement authority,
when any police officer or City official has probable cause to believe that any
person within a park has committed a crime as defined by the RCW or by the
Auburn City Code, or has violated any ordinance, rule or regulation established by
this Park code or by the City’s parks department, the officer or official may:
1. Order such person to immediately leave the park. Any person refusing to
comply with such an order or returning to the park on the same calendar day as
such an order is subject to prosecution for criminal trespass pursuant to RCW
9A.52 and/or ACC 9.96.900; and
2. Issue the person a written admonishment excluding them from City park
property for a period up to 1 year from the issue date. Persons receiving such an
admonishment who return to park property within the admonishment period are
subject to prosecution for criminal trespass pursuant to RCW 9A.52 and/or ACC
9.96.900.
B. Admonishment issuance and appeals.
1. Admonishments issued under this section:
a. are valid and effective whether or not the excluded person is charged, tried or
convicted of any crime or infraction;
b. are valid and effective even if the admonished person refuses a copy of the
admonishment, provided that the issuing city official reasonably notifies the
admonished person of the admonishment period, place(s) of exclusion and appeal
process under this section;
c. are valid and effective for the admonishment period unless and until shortened
or rescinded by an official ruling after appeal in this section;
d. may be based upon observations by city officials and/or police officers, or upon
civilian reports that an official or officer could reasonably rely on in determining
probable cause; and
e. shall include a statement of the appeal rights in this section and a form for
appealing the admonishment as provided by this section.
2. Persons receiving admonishments under this section may appeal the
admonishment in writing. Any such appeal must:
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March 25, 2021
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a. Be in writing, either on the form referenced in this section or in a writing including
at least the person’s name, the involved property location and the approximate
admonishment date to enable processing of the appeal;
b. Be received by the City Clerk or postmarked within 14 calendar days of the
person’s receiving the admonishment; and
c. Be under oath and include all facts that the excluded person believes supports
a shortening or rescinding of the admonishment.
3. The director of parks, arts, and recreation, or designee, shall review the appeal
and shall issue a ruling upholding, rescinding or shortening the admonishment
within 14 calendar days of receiving the appeal. The director or designee may
consider the admonishment and any other relevant and trustworthy submitted
written materials in deciding the appeal. The admonishment shall be upheld if
supported by a preponderance of evidence. The ruling may be transmitted to the
excluded person by mail, in person, electronically, or by any other method
specified by the person or reasonably likely under the circumstances to give notice.
4. The appeal process in this section cannot be used to appeal any criminal
penalties imposed by a court under this section or any other law.
C. Limitation. Trespass admonishments issued to persons violating ACC 9.50.030
on park property shall be processed pursuant to ACC 9.50.030(E).
Section 4. Amendment to City Code. Section 9.50.030 of the Auburn City
Code is amended to read as follows:
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 of this section.
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 of this section shall
not apply if:
1. The violation constitutes a trespass on park property under ACC 2.22.220; or
12. The person is engaged in activity prohibited by subsections A and B of this
section because they are experiencing homelessness, and there is no available
overnight shelter available for persons experiencing homelessness on the date
that the prohibited activity occurs; or
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23. The person is camping or using camp paraphernalia or camp facilities at a
Game Farm Park Campground site after paying the required fees; or
34. 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 Chapter 2.22 ACC and as listed in the
park inventory portion of the parks, recreation and 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:
i. Adequate sanitary facilities are provided and accessible at or near the camp
site;
ii. Adequate trash receptacles and trash collection will be provided;
iii. The camping activity will not unreasonably disturb or interfere with the peace,
comfort and repose of private property owners;
iv. The camping activity is not reasonably likely to cause injury to persons or
property, to provoke disorderly conduct or to create a disturbance; and
v. 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.
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 ACC 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.
4. The person is camping or trespassing on any City utility property identified in
ACC Title 13, which shall be regulated by that Title;
5. The person is camping or trespassing on Auburn Municipal Airport properties
or areas identified in ACC 18.04, which shall be regulated pursuant to ACC
9.96.900 and/or RCW 9A.52.
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D. Definitions. For this section, the following 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 and confirms to a city
employee that it has an available overnight space at no cost for that person; or
b. If no shelter described in subsection (D)(1)(a) of this section has available
space, a shelter located within King or Pierce County that offers overnight shelter
to persons experiencing homelessness and confirms to a city employee:
(i) that it has an available overnight space at no cost for that person; and
(ii) that it such shelter is also accessible to the person by public transportation or
vehicle for hire at no cost for that person. or by vehicle for hire at no cost to the
individual or family experiencing homelessness.
c. An overnight shelter is available if an individual is prevented from using an
otherwise available shelter space because of their past or present voluntary
actions such as unlawful drug use or possession, criminal act(s), unruly behavior
or willful violation of shelter rules or restrictions pertaining to such activity.
d. 2. An overnight shelter is unavailable if:
(i) a. An individual or family cannot use the shelter’s available space because of
shelter-imposed restrictions on its use (other than any restrictions the shelter has
imposed pursuant to (D)(1)(c) of this section) a person’s sex, familial or marital
status, religious beliefs, disability, or length of stay; or
(ii) b. A city employee, an individual or family attempts to secure a space at the
shelter for the day and is denied due to lack of available space. ; or
c. 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.
23. “City property” as used in this section 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 ACC, city buildings, rights-of-way, city parking lots, and city
environmentally sensitive areas as defined in ACC 16.06.065. , airport property,
wetlands, and city utility facilities. City property shall not include:
a. religious organization property subject to RCW 35A.21.360;
b. city utilities or utility property identified in ACC Title 13; or
c. Airport property or areas identified in ACC 18.04.
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March 25, 2021
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34. “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.”
45. “Camp facilities” include, but are not limited to, tents, tarps configured for
shelter, huts, and temporary shelters. “Camp facilities” does not include shelters
when used temporarily in a park for recreation or play, consistent with Chapter
2.22 ACC, during hours when the park is open to the public.
56. “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.
67. “Store” means to put aside or accumulate for use when needed, to put for
safekeeping, to place or leave in a location.
E. Penalties and enforcement. y. When enforced, v
1. A violation of this subsection is a misdemeanor punishable by 90 days in jail
and/or a $1,000 fine. Class 1 civil infraction pursuant to Chapter 7.80 RCW.
2. When any police officer or City official has probable cause to believe that any
person has violated this section, the officer or official may:
a. Order such person to immediately leave the property where the violation is
occurring. Subject to (C)(1) of this section, any person refusing to comply with
such an order or returning to the property on the same calendar day as such an
order is subject to prosecution for criminal trespass pursuant to RCW 9A.52 and/or
ACC 9.96.900; and
b. Issue the person a written admonishment excluding them from the property
where the violation is occurring for a period up to 1 year from the issue date.
Subject to (C)(1) of this section, persons who return to the property within the
admonishment period are subject to prosecution for criminal trespass pursuant to
RCW 9A.52 and/or ACC 9.96.900.
3. Admonishments issued under this section:
a. are valid and effective whether or not the excluded person is charged, tried or
convicted of any crime or infraction;
b. are valid and effective even if the admonished person refuses a copy of the
admonishment, provided that the issuing city official reasonably notifies the
admonished person of the admonishment period, place(s) of exclusion and appeal
process under this section;
c. are valid and effective for the admonishment period unless and until shortened
or rescinded by an official ruling after appeal in this section;
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Ordinance No. 6817
March 25, 2021
Page 11 of 12
d. may be based upon observations by city officials and/or police officers, or upon
civilian reports that an official or officer could reasonably rely on in determining
probable cause; and
e. shall include a statement of the appeal rights in this section and a form for
appealing the admonishment as provided by this section.
4. Persons receiving admonishments under this section may appeal the
admonishment. Any such appeal must:
a. Be in writing, either on the form referenced in this section or in a writing including
at least the person’s name, the involved property location and the approximate
admonishment date to enable processing of the appeal;
b. Be received by the City Clerk or postmarked within 14 calendar days of the
person’s receiving the admonishment; and
c. Be under oath and include all facts that the excluded person believes supports
a shortening or rescinding of the admonishment.
5. Admonishment appeals under this section involving City parks shall be
processed according to ACC 2.22.240. Otherwise, the Director of Community
Development or designee shall review the appeal and issue a ruling upholding,
rescinding or shortening the admonishment within 14 calendar days of receiving
the appeal. The Director or designee may consider the admonishment and any
other relevant and trustworthy submitted written materials in deciding the appeal.
The admonishment shall be upheld if supported by a preponderance of evidence.
The ruling may be transmitted to the excluded person by mail, in person,
electronically, or by any other method specified by the person or reasonably likely
under the circumstances to give notice.
6. The appeal process in this section cannot be used to appeal any criminal
penalties imposed by a court under this section or any other law.
Section 5. Implementation. The Mayor is authorized to implement those
administrative procedures necessary to carry out the directives of this legislation.
Section 6. Severability. The provisions of this ordinance are declared to be
separate and severable. The invalidity of any clause, sentence, paragraph, subdivision,
section, or portion of this ordinance, or the invalidity of the application of it to any person
or circumstance, will not affect the validity of the remainder of this ordinance, or the validity
of its application to other persons or circumstances.
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Ordinance No. 6817
March 25, 2021
Page 12 of 12
Section 7. Effective date. This Ordinance will take effect and be in force five
days from and after its passage, approval, and publication as provided by law.
INTRODUCED: _______________
PASSED: ____________________
APPROVED: _________________
____________________________
NANCY BACKUS, MAYOR
ATTEST:
____________________________
Shawn Campbell, MMC, City Clerk
APPROVED AS TO FORM:
____________________________
Kendra Comeau, City Attorney
Published: ____________________
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AGENDA BILL APPROVAL FORM
Agenda Subject:
Ordinance No. 6814 (Thomas)(30 Minutes)
Date:
April 7, 2021
Department:
Finance
Attachments:
No Attachments Av ailable
Budget Impact:
Administrativ e Recommendation:
For discussion only.
Background Summary:
This discussion will revisit the need and framework for a Business and Occupation Tax in
Auburn, prior to bringing a revised, final version to the Council for further consideration. The
purpose of this meeting will be a refresher on the General Fund’s sustainability issues and the
limited options available to address these issues.
Rev iewed by Council Committees:
Councilmember:Baggett Staff:Thomas
Meeting Date:April 12, 2021 Item Number:
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