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Home My WebLink About06-14-2021 CITY COUNCIL STUDY SESSIONCity Council Study Session Finance, Technology and Economic Dev elopment Special Focus Area J une 14, 2021 - 5:30 P M Virtual A GE NDA Watch the meeting L I V E ! Watch the meeting video Meeting videos are not available until 72 hours after the meeting has concluded. 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, J une 14, 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 prohibited from holding in-person meetings 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 until Washington’s Governor authorizes local governments to conduct in-person meetings. 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/99012571392 YouTube: https://www.youtube.com/user/watchauburn/live/?nomobile=1 Or join by phone: 253 215 8782 877 853 5257 (Toll F ree) Webinar I D: 990 1257 1392 Page 1 of 80 B .Roll Call I I I .A NNO UNC E ME NT S , R E P O RT S , A ND P R E S E NTAT I O NS I V.A G E ND A I T E MS F O R C O UNC I L D I S C US S I O N A .L egislative Update (Hinman)(45 minutes) A n update to the Auburn City Council on the final outcomes of the 2021 Washington S tate L egislative S ession B .Ordinance No. 6823 (Gaub)(15 Minutes) A n Ordinance amending Ordinance No. 6759, deadline to complete conditions associated with vacating right-of-way of a portion of the alley north of 3rd S treet NE between B S treet NE and Auburn Avenue C.Ordinance No. 6824 (Gaub)(5 Minutes) A n Ordinance providing a temporary waiver of Right-of-Way Use P ermit F ees, set forth in A uburn City Code 12.60.020 and 12.60.025 for outside restaurant seating, in response to the phased opening of commercial businesses following the C O V I D-19 Declared Public Health E mergency D.Ordinance No. 6825 (Comeau)(15 Minutes) A n Ordinance relating to controlled substances and repealing Chapter 9.22 of the A uburn City Code and amending A C C 9.24.010 to conform with E S B 5476 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 .I T Update (Travis)(30 Minutes) V I .O T HE R D I S C US S I O N I T E MS V I I .NE W B US I NE S S V I I I .A D J O UR NME NT Agendas and minutes are available to the public at the City Clerk's Office, on the City website (http://www.auburnwa.gov), and via e-mail. Complete agenda packets are available for review at the City Clerk's Office. Page 2 of 80 AGENDA BILL APPROVAL FORM Agenda Subject: Legislative Update (Hinman)(45 minutes) Date: June 9, 2021 Department: Administration Attachments: WA Leg Ses s ion Summary WA Leg Ses s ion Update Budget Impact: Current Budget: $0 Proposed Revision: $0 Revised Budget: $0 Administrativ e Recommendation: Background for Motion: Background Summary: Rev iewed by Council Committees: Councilmember:Staff:Hinman Meeting Date:June 14, 2021 Item Number: Page 3 of 80 City of Auburn 2021 Washington State Legislative Session Update June 2021 Title Description 3/9 cutoff 4/11 cutoff Status Topic Area Summary HB 1001 Establishing a law enforcement professional development outreach grant program. Passed Passed Governor Signed Police Authorizes the development of a two year grant program to encourage a broader diversity of candidates to seek careers in law enforcement. HB 1053 Delaying the implementation of restrictions on carryout bags. Did not pass Did not pass HB 1054 Establishing requirements for tactics and equipment used by peace officers Passed Passed Governor Signed Police • Prohibits peace officers from using chokeholds and neck restraints; from acquiring or using certain types of military equipment; from seeking, and a court from issuing, a search or arrest warrant granting an express exception to the "knock and announce" rule • Establishes restrictions on the use of tear gas, vehicular pursuits, and firing upon moving vehicles • Requires law enforcement agencies to adopt policies and procedures to ensure that uniformed peace officers are reasonably identifiable • Requires the Criminal Justice Training Commission to convene a work group for the purpose of developing model policies on the use and training of canine teams HB 1056 Concerning open public meeting notice requirements and declared emergencies. Passed Did not pass HB 1058 Modifying the sales and use tax for cultural access programs by allowing the tax to be imposed by a councilmanic or commission authority Did not pass Did not pass HB 1069 Concerning local government fiscal flexibility. Passed Passed Governor Signed Partial Veto Finance/Budget Police Allows revenue from criminal justice sales taxes, the Criminal Justice Assistance Accounts, and certain King County excess property tax levies to supplant existing funds through December 31, 2023. (Partial veto: Sections 9, 17 and 18 to avoid any confusion that may arise from double amendments.) HB 1070 Modifying allowed uses of local tax revenue for affordable housing and related services to include the acquisition and construction of affordable housing and facilities. Passed Passed Governor Signed Human Services Community Development • Expands the allowable uses of revenues from the housing and related services local sales and use tax to include acquiring facilities and land for affordable housing, housing-related services, and behavioral health services. • Expands the allowable uses of revenues from the state-shared lodging tax to include housing and facilities for homeless youth for counties with a population of at least 1.5 million HB 1084 Reducing statewide greenhouse gas emissions by achieving greater decarbonization of residential and commercial buildings. Did not pass Did not pass Page 4 of 80 City of Auburn 2021 Washington State Legislative Session Update June 2021 HB 1088 Concerning potential impeachment disclosures. Passed Passed Governor Signed Police • Requires each county prosecutor to develop and adopt a written protocol addressing potential impeachment disclosures; subject to funding, requires the Criminal Justice Training Commission to provide or contract for the provision of online training for potential impeachment disclosures. • Requires law enforcement agencies to report to prosecuting authorities an officer's misconduct affecting credibility or any act of an officer that may be potentially exculpatory to a defendant. • Requires law enforcement agencies, prior to hiring an officer with previous law enforcement experience, to inquire whether the officer has ever been subject to potential impeachment disclosure. • Establishes limited immunity from civil liability for a public agency, official, or employee, who shares impeachment information about an officer with a prosecuting authority or the officer's employer or potential employer. HB 1089 Concerning compliance audits of requirements relating to peace officers and law enforcement agencies. Passed Passed Governor Signed Police • Requires the State Auditor to review any completed deadly force investigation to determine whether the involved actors complied with all applicable rules and procedures. • Authorizes the State Auditor, upon the request of the Criminal Justice Training Commission, to review a law enforcement agency to ensure compliance with all applicable rules and procedures governing the training and certification of the agency's peace officers. HB 1092 Concerning law enforcement data collection. Did not pass Did not pass HB 1095 Concerning the taxation of governmental financial assistance programs addressing the impacts of conditions giving rise to a gubernatorial or presidential emergency Passed Passed Governor Signed Finance/Budget Citywide Exempts businesses from paying state taxes on COVID-19 aid HB 1099 Improving the state's climate response through updates to the state's comprehensive planning framework. Did not pass Did not pass HB 1117 Promoting salmon recovery through revisions to the state's comprehensive planning framework. Passed Did not pass HB 1128 Concerning housing benefit districts. Did not pass Did not pass HB 1139 Taking action to address lead in drinking water. Passed Passed Governor Signed Public Works This program places the requirement on the Dept. of Health to monitor and manage the sampling, testing, and mitigation measures for lead in public and private schools within the State. Under federal requirements, this responsibility was placed on all individual utility purveyors and this bill relieves the local purveyor of this responsibility and allows for all schools in Washington to be held to the same standards and processes to remove potential lead from drinking water systems within the schools. Page 5 of 80 City of Auburn 2021 Washington State Legislative Session Update June 2021 HB 1156 Increasing representation and voter participation in local elections. Did not pass Did not pass HB 1189 Authorizing tax increment financing for local governments. Passed Passed Governor Signed Finance/Budget Citywide Authorizes local governments to designate tax increment financing areas and to use increased local property tax collections to fund public improvements. HB 1202 Addressing meaningful civil remedies for persons injured as a result of police misconduct, including by allowing for an award of attorney fees in addition to damages and injunctive and declaratory relief. Did not pass Did not pass HB 1203 Concerning community oversight boards Did not pass Did not pass HB 1220 Supporting emergency shelters and housing through local planning and development regulations. (Partial veto: Section 7) Passed Passed Governor Signed Partial Veto Community Development Human Services • Updates some of the Growth Management Act requirements. • Some concerns still remain with this part of the bill: "Prohibits a city from preventing transitional housing or permanent supportive housing in zones where residential dwelling units or hotels are allowed, and from preventing indoor emergency shelters and indoor emergency housing in zones where hotels are allowed unless the city has an ordinance authorizing such shelters and housing in a majority of zones within 1 mile of transit." • The requirement that zoning codes be updated by 9/30/21 is unreasonable. (Partial veto: Section 7 of this bill can be read to encourage the siting and development of accessory dwelling units in areas of the state outside of urban growth areas.) HB 1267 Concerning investigation of potential criminal conduct arising from police use of force, including custodial injuries, and other officer-involved incidents. Passed Passed Governor Signed Police Establishes the Office of Independent Investigations within the Office of the Governor for the purpose of investigating deadly force incidents involving peace officers. HB 1277 Providing for an additional revenue source for eviction prevention and housing stability services. Passed Passed Governor Signed Human Services Finance/Budget • Establishes a $100 surcharge on certain recorded documents to fund various housing services. • Creates the Eviction Prevention Rental Assistance Program in the Department of Commerce (COM). • Requires the COM to develop performance metrics for each county receiving funding from the surcharge and dedicate a portion of funding to performance-based allocations. HB 1310 Concerning permissible uses of force by law enforcement and correctional officers. Passed Passed Governor Signed Police Establishes a standard for use of physical force by peace officers. Page 6 of 80 City of Auburn 2021 Washington State Legislative Session Update June 2021 HB 1362 Modifying the annual regular property tax revenue growth limit. Did not pass Did not pass HB 1368 Responding to the COVID-19 pandemic through state actions supported by federal funding. Passed Passed Governor Signed Finance/Budget Citywide Appropriates $2.2 billion in federal funding from a combination of the federal Consolidated Coronavirus Response and Relief Supplemental Appropriations Act, the Coronavirus Relief Fund under the federal Coronavirus Aid, Relief, and Economic Security Act, and Medicaid for K-12 public schools, public health, healthcare, assistance to individuals and families, housing assistance, and business assistance. HB 1440 Bringing innovation and investment to Washington's economy by streamlining the requirements for deployment of small wireless facilities. Did not pass Did not pass HB 1499 Providing behavioral health system responses to individuals with substance use disorder. Did not pass Did not pass HB 1507 Establishing a mechanism for independent prosecutions of criminal conduct arising from police use of force. Did not pass Did not pass HB 1521 Provides mitigation to cities negatively impacted by streamlined sales tax Passed Passed Governor Signed Finance/Budget • Creates the Manufacturing and Warehousing Job Centers Account. • Provides for mitigation payments for the support of manufacturing and job centers in manufacturing and warehousing qualified local taxing districts negatively impacted by the Streamlined Sales and Use Tax Agreement. HB 1540 Addressing illicit discharges of wastewater pollution associated with individuals residing in vehicles. Did not pass Did not pass HB 1576 Concerning homeless individuals. Did not pass Still moving Late Intro Human Services Allows cities to prohibit sleeping outdoors on public property provided adequate shelter is available SB 5006 Concerning local parks funding options. Did not pass Did not pass SB 5019 Concerning the recording standards commission. Passed Passed Governor Signed Legal The Secretary of State is directed to make reasonable rules in accordance with federal and state laws, to provide for the uniform recording of documents in cooperation with the Commission. To promote jurisdictional harmony and compatibility in the use of standards, practices, and technology, the Office of the Secretary of State must, in adopting, amending, and repealing rules supporting recording standards SB 5031 Concerning a community aviation revitalization loan program. Passed Passed Governor Signed Public Works This program provides low interest loan funds to General Aviation Airports for airport improvements, the legislation primarily creates the oversight Loan Board for the program that represent ports, counties, cities, airport managers and pilots and the Board Page 7 of 80 City of Auburn 2021 Washington State Legislative Session Update June 2021 SB 5033 Limiting the property tax exemption for improvements to single-family dwellings to the construction of accessory dwelling units. Did not pass Did not pass SB 5051 Concerning state oversight and accountability of peace officers and corrections officers. Passed Passed Governor Signed Police • Modifies the priorities and composition of the Criminal Justice Training Commission (CJTC). • Expands the background investigation requirements for persons applying for peace officer, reserve officer, and corrections officer positions. • Expands the conduct for which the certification of a peace officer or a corrections officer may be revoked. • Requires employing agencies to report all separation and disciplinary matters regarding a certified officer to the CJTC. • Removes confidentiality of complaints, investigations, and disciplinary actions for certified officers and requires information be maintained on a publicly searchable database. SB 5054 Concerning impaired driving. Passed Did not pass SB 5055 Concerning law enforcement personnel collective bargaining. Passed Passed Governor Signed Police SB 5066 Concerning a peace officer's duty to intervene. Passed Passed Governor Signed Police • Requires a peace officer to intervene when the officer witnesses a fellow peace officer engaging in the use of excessive force. • Requires a peace officer who observes wrongdoing by a fellow officer to report the wrongdoing to the officer's supervisor. • Requires law enforcement agencies to adopt written policies on the duty to intervene and ensure that all law enforcement officers obtain training on the policy through the Criminal Justice Training Commission. SB 5110 Promoting greater access to the internet by modifying permitting, taxation, and other standards for telecommunications companies and facilities. Did not pass Did not pass SB 5122 Concerning the jurisdiction of juvenile court. Passed Did not pass SB 5139 Limiting rent increases after expiration of the governor's eviction moratorium. Did not pass Did not pass SB 5155 Concerning prejudgment interest. Did not pass Did not pass Page 8 of 80 City of Auburn 2021 Washington State Legislative Session Update June 2021 SB 5160 Addressing landlord-tenant relations by providing certain tenant protections during and after public health emergencies, providing for legal representation in eviction cases, and authorizing landlord access to state rental assistance programs. Passed Passed Governor Signed Partial Veto Finance/Budget Human Services Addressing landlord-tenant relations by providing certain tenant protectionsduring the public health emergency, providing for legal representation in eviction cases, establishing an eviction resolution pilot program for nonpayment of rent cases, and authorizing landlord access to certain rental assistance programs. (Partial veto of Sections 12 and 13. Section 12 created an entitlement for landlords to receive rent assistance without asufficient framework to prioritize resources to those landlords who have the greatest need. Section 13 duplicates an early action bill that was already signed, ESHB 1368) SB 5211 Authorizing tax increment financing for local governments. Did not pass Did not pass SB 5226 Concerning the suspension of licenses for traffic infractions. Passed Passed Governor Signed Police Legal • Eliminates drivers' license suspension for the failure to pay a traffic infraction for a moving violation. • Authorizes drivers' license suspension when a person fails to comply with a payment plan and fails to appear when requested by the court to appear and show evidence of ability to pay. • Authorizes the Department of Licensing (DOL) to reinstate all driver's licenses suspended for reasons that are no longer grounds for suspension. • Requires DOL take reasonable steps to publicize information regarding the availability of relief to reinstate a suspended license and create an online application process for people to apply for reinstatement. SB 5259 Concerning law enforcement data collection. Passed Passed Governor Signed Police • Requires the Attorney General's Office to establish an advisory group to make recommendations for implementation of a program for statewide data collection, reporting, and publication of use of force data by April 1, 2022. • Directs the Attorney General's Office to engage in a competitive procurement process to select a Washington private or public institution of higher education to design, develop, and manage the data collection program. • Requires all law enforcement agencies to report all instances of the use of force to the university no later than three months after the Attorney General's Office determines the contractor can accept reports. SB 5260 Requiring annual reporting from the eviction resolution pilot program. Did not pass Did not pass SB 5263 Concerning defenses in personal injury and wrongful death actions where the person injured or killed was committing a felony. Passed Passed Governor Signed Police Limits the felony bar affirmative defense in civil actions arising out of law enforcement activities resulting in personal injury or death, such that the defendant must prove each element of the defense beyond a reasonable doubt. SB 5272 Concerning temporarily waiving certain liquor and cannabis board annual licensing fees. Passed Passed Governor Signed Finance/Budget Community Development Waives fees for certain liquor licenses administered by the Liquor and Cannabis Board for a period of one year. Page 9 of 80 City of Auburn 2021 Washington State Legislative Session Update June 2021 SB 5307 Establishing the uniform pretrial release and detention act. Did not pass Did not pass SB 5333 Concerning void and unenforceable clauses in construction contracts related to delays caused by the COVID-19 pandemic emergency proclamations. Did not pass Did not pass SB 5476 Addressing the State v. Blake decision. (REVISED FOR ENGROSSED: Responding to the State v. Blake decision by addressing justice system responses and behavioral health prevention, treatment, and related services. ) Passed Passed Governor Signed Partial Veto Police Legal • Reduces the criminal penalty for possession of a controlled or counterfeit substance from a felony to a gross misdemeanor. • Requires the prosecutor to divert a person's first and second violations for possession of a controlled substance, counterfeit substance, or legend drug and encourages diversion thereafter when agreed by the prosecutor. • Requires the Health Care Authority to establish the substance use recovery services advisory committee to make recommendations for implementation of a substance use recovery services plan, including recommended reforms to the law. • Authorizes presiding judges of superior courts to appoint court commissioners with the authority to conduct resentencing hearings and vacate convictions pursuant to State v. Blake. (Partial veto: Section 21 of Engrossed Senate Bill No. 5476. The bill creates a new account that will not be used, therefore it is unnecessary.) SB 5485 Prohibiting traffic stops for certain traffic violations. Did not pass Passed Late Intro Police • A law enforcement officer may not stop, or otherwise detain, a driver of a motor vehicle to enforce the following violations: failure to keep to the right; improper turn; failure to stop; failure to dim lights; parking violations; driving without a license, vehicle registration or proof of insurance • The following violations suspected solely on the basis of the odor of marijuana: driving under the influence; driver under twenty-one consuming alcohol or marijuana; and physical control of a motor vehicle under the influence • Enforcement of the violations listed may be accomplished only as a secondary action when a driver of a motor vehicle has been detained for a suspected moving violation. Page 10 of 80 2021 City of Auburn State Legislative Priorities 2021 City of Auburn State Legislative Priorities 2021 City of Auburn State Legislative Priorities 2021 City of Auburn State Legislative Priorities –––– Post Session UpdatePost Session UpdatePost Session UpdatePost Session Update June 2021 PUBLIC SAFETY Issue: The City of Auburn supports local control over city law enforcement policy decisions to meet the needs of each community and appropriately contain costs. Cities understand our obligation to address racial equity in policing – both state requirements and local policies. State Request: • Additional funding for staff in regards to confiscation of firearms as a result of domestic violence incidents, background checks for purchase of firearms, collection, and research activities. • Additional funding for the Academy would drastically shorten the amount of time prospective police officers are on municipal payrolls without being able to get into training. • Broaden the use of photo enforcement for speeding. Currently, photo enforcement is only allowed for school zones and pilot project locations. Allowing cities more flexibility could be one way to address the impacts on police and free up time to focus on other issue while providing 24/7 enforcement in areas of frequent and excessive speeding. This can also support the Washington State Target Zero initiative if we can get people to slow down on our local streets. REGULATORY AND LAND USE Issue: As communities grow there are no impact fees to account for increased need for police resources. State Request: • Allow cities to collect an impact fee for policing as the added population and businesses cause the same resource demands and challenges experienced by fire, transportation, parks and schools. Issue: The affordable housing needs are deeper than 60% AMI – more like 50% or 40% and lower. Washington State Housing Finance Commission programs are providing great support for projects that hit the 60% AMI mark. State Request: • Create incentives to hit the deeper AMI marks below 40% since that is where the greatest need exists. • Appropriate dedicated funds to put towards the rehabilitation of single or multifamily units because it is far less expensive and environmentally sustainable to preserve existing housing stock instead of building new units. There are very few programs that help maintain older homes and multifamily complexes which results in one of two outcomes 1. Older properties are maintained appropriately but the investment is reflected in increasing rental costs, or; 2. Older properties are not maintained which helps keep rental costs down but at the sake of declining health and safety. Issue: The large number of regulatory processes are a hindrance to bringing affordable housing projects to fruition State Request: • Regulatory reforms are needed for SEPA, GMA, NPDES. State Environmental Policy Act (SEPA) is an outdated and overly burdensome process that adds time and money. Growth Management Act (GMA) and affordable housing objectives are at direct odds because the GMA limits supply which increases costs. National Pollutant Discharge Elimination System (NPDES) adds significant cost to development which is passed on to future owners or tenants. Page 11 of 80 2021 City of Auburn State Legislative Priorities 2021 City of Auburn State Legislative Priorities 2021 City of Auburn State Legislative Priorities 2021 City of Auburn State Legislative Priorities –––– Post Session UpdatePost Session UpdatePost Session UpdatePost Session Update June 2021 PUBLIC WORKS, TRANSPORTATION, INFRASTRUCTURE Issue: Support for grant application for CARES Funding through the Economic Development Administration for Infrastructure in our Downtown Core to help recovery of the City’s economic base from COVID. State Request: • Allow the SR167 Master Plan effort funded in the 2019 legislative action to proceed and be completed meeting the commitment made in that legislative action to the agencies along the corridor. • It is critical to protect all of the State funds that support local transportation projects. The cities cannot do this on their own given the amount of growth and commerce in the region. This includes maintained or increased funding for TIB and FMSIB along with state grant programs managed by the WSDOT for local agency projects. • The preservation of roadways is paramount and something like a Street Maintenance Utility could be an important tool for cities to meet this growing unfunded need. • Changes to appropriate RCW’s to allow Municipalities to charge properties for street lighting. Current RCW 54.16.120 allows Utility Districts to charge properties for providing street lighting but the law does not allow Municipalities to do this. Current revenues for general fund uses cannot meet the needs and charging for street lighting would be an appropriate way to address a specific service being provided to residents and businesses within a jurisdiction. • Retaining or increasing the Public Works Trust Fund amount is key to providing funding for local agency projects. • Retaining or increasing the Drinking Water State Revolving Fund is key for local water purveyors to cost effectively fund needed infrastructure projects. • Funding for SR164 to address capacity and event traffic issues along this corridor also known as Auburn Way South. • The funds allocated to the loan program for general aviation airports that began in 2019 needs to be increased to provide a cost effective funding source for projects that are not eligible for grant funding. General Aviation Airports are running on minimal revenues, a loan program is key to providing the funding needed to complete infrastructure projects now when they are needed. • Support for allocating 1% of the existing aviation fuel tax to WSDOT’s Aviation account to fund airport projects. Current levels of funding cannot meet the growing need to maintain and improve this important infrastructure that provides a significant benefit to commerce and the State’s economy. PARKS AND OPEN SPACES Issue: Washington Recreation & Conservation Office and Land/Water Conservation Funds must be maintained so citizens have increased access to existing and new public spaces State Request: • Continued financial support for restoration and historic preservation of the Old Historic Post Office via Historic Preservation funds The City of Auburn supports funding the following projects in the 2021-2023 Capital Budget along with allies such as the Washington Wildlife and Recreation Coalition (WWRC), members of the Outdoor Recreation Funding Roundtable, and the Big Tent Outdoor Recreation Coalition, WRPA will strongly promote a robust 2021-23 Capital Budget to ensure robust investments in grant programs that are critical for the vitality of local parks and recreation and the great outdoors. These include: • Washington Wildlife & Recreation Program (WWRP) $140 million • Youth Athletic Facilities (YAF) $11.3 million • Aquatic Lands Enhancement Account (ALEA) $9.1 million Page 12 of 80 2021 City of Auburn State Legislative Priorities 2021 City of Auburn State Legislative Priorities 2021 City of Auburn State Legislative Priorities 2021 City of Auburn State Legislative Priorities –––– Post Session UpdatePost Session UpdatePost Session UpdatePost Session Update June 2021 SALES TAX MITIGATION Issue: The City of Auburn is one of a several cities in Washington that receives mitigation for lost sales taxes due to online sales. The Governor vetoed HB 1948 prior to signing the 2021-2022 State budget. The veto eliminated the mitigation payments for the remainder of 2020 and into 2021. This meant a $2 million loss to the City of Auburn. State Request: • Restore the SST Mitigation Program in the 2019-21 Supplemental Operating Budget, and continue funding the program through the 2021-23 Operating Budget. SOCIAL SERVICES Issue: Operational funds for the Auburn Resource Center will allow for the ongoing service of those community members struggling with housing, substance abuse, and mental health issues to ensure their cycle of suffering ends. Issue: Rights of persons who are experiencing homelessness are very important to protect. State Request: • The City of Auburn supports legislation that would not create a private cause of action against municipalities and balances public safety needs with the rights of persons experiencing homelessness. Page 13 of 80 AGENDA BILL APPROVAL FORM Agenda Subject: Ordinance No. 6823 (Gaub)(15 Minutes) Date: June 3, 2021 Department: Public Works Attachments: Ordinance No. 6823 Exhibit A Budget Impact: Current Budget: $0 Proposed Revision: $0 Revised Budget: $0 Administrativ e Recommendation: For discussion only. Background for Motion: Background Summary: Davis Development Services has requested an extension of time in which to complete conditions associated with Right-of-Way Vacation No. V1-19 previously approved on by City Council on March 16, 2020 under Ordinance No. 6759. The current deadline to complete the conditions is September 16, 2021. City Staff supports an extension of one year, to September 16, 2022. This will align the development’s design review with the City’s capital project design in the area. Additionally, the City’s project will not likely be in construction until 2023. Ordinance No. 6823 amends Ordinance No. 6759 extending the time for the developer to complete conditions associated with Right-of-Way Vacation No. V1-19. Rev iewed by Council Committees: Councilmember:Stearns Staff:Gaub Meeting Date:June 14, 2021 Item Number: Page 14 of 80 - - - - - - - - - - - - - - - - - Ordinance No. 6823 ROW Vacation V1-19 May 26, 2021 Page 1 of 2 ORDINANCE NO. 6823 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN WASHINGTON, AMENDING DEADLINE TO COMPLETE CONDITIONS ASSOCIATED WITH VACATING RIGHT-OF-WAY OF A PORTION OF THE ALLEY NORTH OF 3RD STREET NE BETWEEN B STREET NE AND AUBURN AVENUE WITHIN THE CITY OF AUBURN, WASHINGTON WHEREAS, the City of Auburn, Washington (“City”), approved Ordinance No. 6759 on March 16, 2020, a copy of which is attached as Exhibit A, vacating right-of-way located within a portion of the alley north of 3rd Street NE, between B Street NE and Auburn Avenue, within the City, subject to conditions outlined in Ordinance No. 6759; and, WHEREAS, Section 1, Paragraph G of Ordinance No. 6759 required that all conditions of the vacation be completed by September 16, 2021 or the vacation and Ordinance will be null and void; and, WHEREAS, the applicant has requested additional time to complete those provisions set forth in Section 1, Paragraphs E, F and G of Ordinance No. 6759; and, WHEREAS, the City has determined that the applicant’s request to have until September 16, 2022, is reasonable in light of unforeseeable circumstances and in the public interest to continue the deadline; and, WHERAS, the City Council has considered the request for extension. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON DO ORDAIN as a non-codified ordinance as follows: Section 1. Extension. The deadline for completion in Section 1, Paragraph G of Ordinance No. 6759 is continued to September 16, 2022. Page 15 of 80 - - - - - - - - - - - - - - - - - Ordinance No. 6823 ROW Vacation V1-19 May 26, 2021 Page 2 of 2 Section 2. Constitutionality or Invalidity. If any portion of this Ordinance or its application to any person or circumstances is held invalid, the remainder of the Ordinance or the application of the provisions to other persons or circumstances shall not be affected. Section 3. Implementation. The mayor is authorized to implement such administrative procedures as may be necessary to carry out the directives of this location. Section 4. Effective Date. This Ordinance shall take effect and be in force five (5) days from and after passage, approval, and publication as provided by law. Section 5. Recordation. The City Clerk is directed to record this Ordinance together with Ordinance No. 6759 with the office of the King County Auditor only upon completion of those provisions set forth in Ordinance No. 6759, at which time the vacation pursuant to Ordinance No. 6759 shall be effective under Auburn City Code 12.48.080. INTRODUCED: _________________ PASSED: ________________________ APPROVED: _____________________ ________________________________ NANCY BACKUS, MAYOR ATTEST: APPROVED AS TO FORM: __________________________ _____________________________ Shawn Campbell, MMC, City Clerk Kendra Comeau, City Attorney PUBLISHED: _______________ Page 16 of 80 Exhibit A Page 17 of 80 Page 18 of 80 Page 19 of 80 Page 20 of 80 Page 21 of 80 Page 22 of 80 Page 23 of 80 Page 24 of 80 AGENDA BILL APPROVAL FORM Agenda Subject: Ordinance No. 6824 (Gaub)(5 Minutes) Date: June 7, 2021 Department: Public Works Attachments: Ordinance No. 6824 Budget Impact: Current Budget: $0 Proposed Revision: $0 Revised Budget: $0 Administrativ e Recommendation: For discussion only. Background for Motion: Background Summary: Ordinance No. 6824 authorizes the continuation of the temporary waiver of ROW Use Permit fees for outdoor restaurant purposes until the Governor declares that the emergency related to COVID-19 has ended. In addition, it provides for a 30 day period after that time for businesses using the waiver to either remove any property or items from the right-of-way or to apply for an obtain a new right-of-way use permit including the payment of all appropriate fees. There are currently two businesses that have received permits under the waiver process. Rev iewed by Council Committees: Councilmember:Stearns Staff:Gaub Meeting Date:June 14, 2021 Item Number: Page 25 of 80 ------------------------------- Ordinance No. 6824 May 21, 2021 Page 1 of 4 ORDINANCE NO. 6824 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, PROVIDING A TEMPORARY WAIVER OF RIGHT-OF-WAY USE PERMIT FEES, SET FORTH IN ACC 12.60.020 AND 12.60.025 FOR OUTSIDE RESTAURANT SEATING, IN RESPONSE TO THE PHASED OPENING OF COMMERCIAL BUSINESSES FOLLOWING THE COVID-19 DECLARED PUBLIC HEALTH EMERGENCY WHEREAS, in 2020, the World Health Organization announced the novel coronavirus (COVID-19) was 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, 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 distancing, which is critical to mitigate the spread of COVID-19, is having significant negative economic effects on the national, regional, and local economy, in particular small Page 26 of 80 ------------------------------- Ordinance No. 6824 May 21, 2021 Page 2 of 4 businesses and workers in the Auburn-area who cannot work remotely, including those related to restaurants; and WHEREAS, as the business-related restrictions are relaxed, including opening of restaurants with reduced capacities, flexibility in allowing use of outdoor areas, including some City rights-of-way, could help some restaurants survive during these challenging times; and WHEREAS, the Auburn City Code ("ACC") includes several provisions identifying different types of right-of-way use permits, including ACC 12.60.025; and WHEREAS, ACC 12.60.020 sets forth right-of-way use permit application process and fee; and WHEREAS, on June 15, 2020, the Auburn City Council approved Ordinance No. 6778 waiving the right-of-way use permit application process and fees to assist restaurants that may be able to use public right-of-way to expand the area within which customers could be served and to assist in the recovery of restaurant related businesses; and WHEREAS, on September 14, 2020, the Auburn City Council approved Ordinance No. 6791 extending the waiver of the right-of-way use permit application process and fees to assist restaurants that may be able to use public right-of-way to expand the area within which customers could be served and to assist in the recovery of restaurant related businesses; and WHEREAS, to continue to assist in the recovery of restaurant related businesses, it is reasonable that the City continue to temporarily waive the fees for right-of-way use permits for outdoor restaurant purposes until the W ashington Governor declares that the Page 27 of 80 ------------------------------- Ordinance No. 6824 May 21, 2021 Page 3 of 4 emergency related to COVID-19 has ended and after that time, the City will provide all businesses utilizing the right-of-way under this Ordinance thirty (“30”) days to apply for and obtain a right-of-way use permit and pay all necessary fees or to remove all property and items from the right-of-way. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN as follows: Section 1. Temporary Waiver of Certain ROW Use Permit Fees. The imposition and collection of fees for right-of-way use permits, per ACC 12.60.020-25, for outdoor restaurant seating purposes shall be waived for such use for 30 days after the Governor of the State of Washington declares that the emergency related to COVID-19 has ended. At the expiration of the timeframe set forth in this section, all businesses that have received a waiver of a right-of-way use permit shall either apply for and obtain a right-of-way use permit and pay all necessary fees or remove all property and items from the right-of-way. 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. Page 28 of 80 ------------------------------- Ordinance No. 6824 May 21, 2021 Page 4 of 4 Section 4. Effective date. This Ordinance will take effect and be in force five days from and after its passage, approval, and publication as provided by law. INTRODUCED: ___________________ PASSED: _______________________ APPROVED: _____________________ CITY OF AUBURN _______________________________ NANCY BACKUS, MAYOR ATTEST: APPROVED AS TO FORM: _____________________________ _______________________________ Shawn Campbell, MMC, City Clerk Kendra Comeau, City Attorney Published: ____________________ Page 29 of 80 AGENDA BILL APPROVAL FORM Agenda Subject: Ordinance No. 6825 (Comeau)(15 Minutes) Date: June 9, 2021 Department: City Attorney Attachments: Ordinance No. 6825 Exhibit A Budget Impact: Current Budget: $0 Proposed Revision: $0 Revised Budget: $0 Administrativ e Recommendation: For discussion only. Background for Motion: Background Summary: In State v. Blake, the Washington Supreme Court invalidated the State’s drug possession law (RCW 69.50.4013) because the law lacked the legally required element of “knowing” possession. The State Legislature passed ESB 5476 in response to the Blake decision. In addition to other law changes, ESB 5476 reduces RCW 69.50.4013 from a felony to a misdemeanor, and decriminalizes some drug paraphernalia possession under RCW 69.50.412. With these changes, the City’s drug possession and paraphernalia ordinances in ACC 9.22 are no longer needed and are now inconsistent with State law as revised by ESB 5476. To conform with ESB 5476, the ordinances in ACC 9.22 should be repealed, and ACC 9.24.010 should be amended to remove its reference to ACC 9.22 and to add precision and clarity to that code section. Rev iewed by Council Committees: Councilmember:Jeyaraj Staff:Comeau Meeting Date:June 14, 2021 Item Number: Page 30 of 80 -------------------------------- Ordinance No. 6825 June 9, 2021 Page 1 of 3 ORDINANCE NO. 6825 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, RELATING TO CONTROLLED SUBSTANCES AND REPEALING CHAPTER 9.22 OF THE AUBURN CITY CODE AND AMENDING ACC 9.24.010 TO CONFORM WITH ESB 5476. WHEREAS, on February 25, 2021, the Washington Supreme Court issued its opinion in State v. Blake (197 Wn.2d 170). The Blake decision held RCW 69.50.4013 (the State’s felony drug possession law) unconstitutional because the RCW lacked the legal element of “knowing” possession; WHEREAS, the State Legislature responded to Blake by passing ESB 5476, signed into law by Governor Inslee on May 14, 2021. ESB 5476 includes the following changes to State drug laws: • Section 9 of ESB 5476 adds the required “knowing” element to RCW 69.50.4013, and reduces the RCW from a felony to a misdemeanor; • Section 14 of ESB 5476 decriminalizes the use or delivery of personal use drug paraphernalia in RCW 69.50.412; WHEREAS, these law changes allow the City to now prosecute State law drug possession as a misdemeanor, but also render the City’s drug possession and paraphernalia ordinances in ACC 9.22 obsolete and inconsistent with State law as revised by ESB 5476; WHEREAS, State law requires City ordinances to be consistent with State laws. Given the passage of ESB 5476 and its legal changes, the ordinances in ACC 9.22 should be repealed; Page 31 of 80 -------------------------------- Ordinance No. 6825 June 9, 2021 Page 2 of 3 WHEREAS, ACC 9.24.010 should also be amended in light of ESB 5476 to remove its references to ACC 9.22 and to add precision and clarity to the other parts of that section. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN as follows: Section 1. Repeal of chapter within the Auburn City Code. Auburn City Code Chapter 9.22 and the following sections and underlying ordinance language within it are hereby repealed: ACC 9.22.010 Controlled substances prohibited ACC 9.22.020 Drug paraphernalia prohibited ACC 9.22.900 Statutes incorporated by reference Section 2. Amendment to Auburn City Code. Auburn City Code Section 9.24.010 is amended as set forth in Exhibit A to this ordinance. Section 3. Implementation. The Mayor is authorized to implement those administrative procedures necessary to carry out the directives of this legislation. Section 4. 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 5. 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: ____________________ Page 32 of 80 -------------------------------- Ordinance No. 6825 June 9, 2021 Page 3 of 3 APPROVED: _________________ ____________________________ NANCY BACKUS, MAYOR ATTEST: ____________________________ Shawn Campbell, MMC, City Clerk APPROVED AS TO FORM: ____________________________ Kendra Comeau, City Attorney Published: ____________________ Page 33 of 80 EXHIBIT A – ORD. 6825 A. No person may It is unlawful for any person to loiter in or near any public rights-of- way, or any public or private property in a manner or and under circumstances manifesting the intent to engage in illegal drug-related activity contrary to RCW Chapters 69.41, 69.50, 69.52 or 69.53 RCW. For purposes of this section, “loiter” shall have the same meaning as ACC 9.50.010.A. , or to Chapter 9. 22 ACC. B. The following may be considered in determining the intent required by subsection A: Among the circumstances which may be considered in determining whether such intent is manifested are the following: 1. Whether the Such person is a known unlawful drug user, possessor, or seller. For purposes of this sectionchapter, a “known unlawful drug user, possessor, or seller” is a person who: a. a person who has been convicted in any court within this state of any controlled substance violation within RCW 69.41, 69.50, 69.52 or 69.53, or a involving the use, possession, or sale of any of the substances referred to in Chapters 69.41, 69.50, 69.52 and 69.53 RCW, or substantially similar laws of any political subdivision of this or any other state or of any other state; or b. who is known to have been arrested for a drug-related crime violation that not resulteding in a conviction because the person’s participationed in a diversionary program, deferral program, drug court or a similar program; or c. a person who displays physical characteristics or behaviors of drug intoxication andor usage, such as “needle tracks”; or d. who is in possession of possesses marijuana in a manner not authorized by RCW 69.50.4013 (1), 69.50.4013(2) and/or in amounts that exceeding those set forth in 69.50.360(3); 2. Whether the Such person is currently subject to an order from any court prohibiting their presence in a high drug activity geographic area, such as an order issued pursuant to ACC 9.24.020 and/or ACC 9.24.030; 3. Whether the Such person’s current observed behavior behaves in such a manner as to raise raises a reasonable suspicion that they are currently or are about to engage in or is then engaged in an unlawful drug-related activity, including (by way of example only), such person acting as a “lookout”; 4. Whether a police officer is able to identify the person based on articulable factors Such person is physically identified by a police officer, based on articulable factors, as a member of a “gang,” or an association that which engages in illegal drug activity. Such Ffactors may that support an officer physically identifying a person as a member of such a gang or association include, but are not limited to:, clothing, tattoos, known association and/or affiliation with such a gang or association, specific and observed acts Page 34 of 80 or circumstances consistent with drug-related activity, and gestures, signs, greetings and movements that are consistent with gang-related activity. The person’s ; provided, that clothing alone shall not be sufficient , without more, to support such an identification; an officer physically identifying a person as a member of such a gang or association; 5. Whether the Such person is observed furtively transferrings small objects or packages for currency in a furtive fashion; 6. Whether the Such person flees takes flight upon the appearance of a police officer; 7. Whether the Such person manifestly endeavors to conceal themselves or any object which reasonably could be involved in an unlawful drug-related activity; 8. Whether the The area where the person is observed loitering is involved is by public repute known to police or to the public as be an area of unlawful drug use and trafficking or; 9. The premises involved are known to have been reported to law enforcement as a place suspected of drug activity pursuant to RCW Chapter 69.53RCW; and 10. Whether Aany vehicle involved in the observed activity is registered to a known unlawful drug user, possessor, or seller, or to a person with for whom there is an outstanding active bench warrant for a crime involving drug-related activity. C. Penalty. Violation of this section is a gross misdemeanor punishable by up to 364 days in jail and/or a $5,000 fine. Page 35 of 80 AGENDA BILL APPROVAL FORM Agenda Subject: IT Update (Travis)(30 Minutes) Date: June 9, 2021 Department: Information Services Attachments: IT Update Budget Impact: Current Budget: $0 Proposed Revision: $0 Revised Budget: $0 Administrativ e Recommendation: For discussion only. Background for Motion: Background Summary: Rev iewed by Council Committees: Councilmember:Baggett Staff:Travis Meeting Date:June 14, 2021 Item Number: Page 36 of 80 Innovation & Technology Council Presentation June 14, 2021 Page 37 of 80 Introductions David Ashley Ashton Brian Director of IT Assistant Director of IT Technical Services Manager IT Project Manager PresentersPage 38 of 80 Innovation & Technology Where we were , Our Strategy Where we are and Where we are headed ! Page 39 of 80 Divisions of IT▸Project Management▸Technical Services▸Customer Success Page 40 of 80 IT Project Management Page 41 of 80 Projects Brian Brett IT Project Manager IT Systems Analyst *Solutions Finder/Tester Our TeamPage 42 of 80 IT Project Mangament Formalization Page 43 of 80 What is a Project?▸Defined start and end date▸Must require a significant amount of hours▸Produce a service, product or change a process▸Has budget▸Requires extensive coordination between end users, departments and vendors Page 44 of 80 Page 45 of 80 Page 46 of 80 Weekly Project Status Report Page 47 of 80 2020 Key Projects Page 48 of 80 2020 Key Projects Productivity▸Cogent 10gb Internet▸Microsoft WVD Remote Apps▸DataON Azure HCI DataCenter Mobility▹Surface Deployments▹Microsoft Teams▹Microsoft Teams Voice Security▸Always ON VPN▸MFA for CJIS▸Windows 10 OS Upgrade Page 49 of 80 2021 Key ProjectsPage 50 of 80 Disaster Recovery Site Planning and ImplementationProductivity Auburn City Hall Off -Site Location Page 51 of 80 Mobility Mobile First Page 52 of 80 City Wide MFA Rollout Security Page 53 of 80 Technical Services Page 54 of 80 Technical Services Technical Services is/does...▸Service Desk Services▸Geographic Information Systems (GIS) Services▸Network, Systems and Security Services Page 55 of 80 Noah Son Support Specialist Christina Hill Support Specialist Jonathan Barbano Support Specialist Eric Dusoleil Network Analyst Dane Carson GIS Analyst Brian Garbarino Network Engineer Jagdeep Singh Sr. GIS Specialist Colin Schmalz Network Engineer Our Team Technical Services Page 56 of 80 Service Desk The Service Desk is the single point of contact for City staff.▸Triages all requests for information,incidents and services.▸Manage over 1,500 devices and replacement of those devices▸The three support specialists rotate weekly between "triage", "middle" and "field". Page 57 of 80 GIS Industry leading...▸Drones▸Enterprise -wide integrated tools▸Spatial analysis▸Development▸Computer generated maps and reporting Page 58 of 80 Network Our network is the highway that connects all services together.▸21 sites▸High speed fiber Page 59 of 80 Systems Our systems infrastructure is the engine that drives all services.▸13 physical hosts▸160 virtual servers▸500 terabytes of storage (128,000 HD movies) Page 60 of 80 Security Our security is a core focus in everything we do in IT.▸New employee orientation, training and phishing campaigns▸Physical locks and cameras▸City policies▸Email and Internet▸Firewalls▸Virus and Malware▸Artificial Intelligence Page 61 of 80 What this means to you 10G Internet Azure VPN Gateway Productivity, Mobility & Security Page 62 of 80 Customer Success Page 63 of 80 Business Systems Analysts Chrissy Danika Team Scott Administration Community Development Parks, Arts & Recreation Clerks Finance Human Resources Airport Engineering M&O Legal Police Our TeamPage 64 of 80 Customer Lifecycle Page 65 of 80 Customer Service Page 66 of 80 Customer Service Customer Service is about how we deliver IT to City staff proactively .▸Build Relationships and Engagement▸Active Listening▸Clear Communication▸Ensure a Great Experience▸Consistency▸Adapt to Feedback Page 67 of 80 Customer Support Page 68 of 80 Service Desk Information …a question. Service …a request for something new. Incident …a request to fix something that is broken. 3 Days 14 Days 3 Days Customer support is about how we support the IT needs of City staff reactively . Projects Technical Services Page 69 of 80 Customer Success Page 70 of 80 Daily Operations 5:00 p4:00 p3:00 p2:00 p1:00 p12:00 p11:00 a10:00 a9:00 a8:00 a7:00 a Customer Success Team Call Department Afternoon Roundup Department Morning Standup Coverage Begins On -Call Begins Page 71 of 80 Standup Daily Priorities Page 72 of 80 Roundup Daily Check Page 73 of 80 Measuring Customer Success Page 74 of 80 Our Customers Being Successful A lot of what we do is behind the scenes, but we strive to be as helpful as we can. We are not implementing technology because we can, we are using technology to help our customers. Page 75 of 80 825 Information Tickets 6,317 Incidents Tickets 3,069 Services Tickets 8 “mini” projects a nnual averagesPage 76 of 80 2021 Survey Responses Service Level Agreements Happy Customers Customer Service Customer Support Customer Success 98%95% Page 77 of 80 Contact Us In Person Email servicedesk@auburnwa.gov Phone 253-288 -7400 Page 78 of 80 Roadmap 2021 -22 1 3 5 642 Finish Mobility Self Service Portal Process & Productivity Improvement Finish Budgeted Projects Staff Knowledgebase Continuous ImprovementPage 79 of 80 Thank You Page 80 of 80