HomeMy WebLinkAbout05-23-2022 Study Session AgendaCity Council Study Session Muni
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May 23, 2022 - 5:30 PM
City Hall Council Chambers and Virtual
AGENDA
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I.CALL TO ORDER
II.PUBLIC PARTICIPATION
A.Public Participation
The Auburn City Council Study Session Meeting scheduled for Monday, May 23, 2022
at 5:30 p.m. will be held in person and virtually.
Virtual Participation Link:
To view the meeting virtually please click the below link, or call into the meeting at the
phone number listed below. The link to the Virtual Meeting is:
https://www.youtube.com/user/watchauburn/live/?nomobile=1
To listen to the meeting by phone or Zoom, please call the below number or click the
link:
Telephone: 253 215 8782
Toll Free: 877 853 5257
Zoom: https://us06web.zoom.us/j/82857612693
B.Roll Call
III.ANNOUNCEMENTS, REPORTS, AND PRESENTATIONS
A.Auburn Community Court Presentation (Comeau) (15 Minutes)
IV.AGENDA ITEMS FOR COUNCIL DISCUSSION
A.Ordinance No. 6859 (Gaub) (5 Minutes)
An Ordinance amending Ordinance 6759 and extending the 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
B.Ordinance No. 6865 (Tate) (10 Minutes)
An Ordinance amending Ordinance No. 4456 to permit “Live/Work” land use for one
parcel and consistency with current C-3, Heavy Commercial Zone
Page 1 of 123
V.MUNICIPAL SERVICES DISCUSSION ITEMS
A.Emergency Management Presentation (Hinman) (20 Minutes)
B.Police Department Annual Report (Caillier) (15 Minutes)
Presentation highlighting the 2021 Auburn Police Department Annual Report
C.Ordinance No. 6866 (Caillier/Comeau) (5 Minutes)
An Ordinance amending Sections of the Auburn City Code, to conform to RCW
changes resulting from ESSHB 1320
D.Ordinance No. 6867 (Caillier/Comeau) (5 Minutes)
An Ordinance repealing Section 9.34.030 of the Auburn City Code, related
to discharging firearms within the City
E.Ordinance No. 6869 (Caillier/Comeau) (5 Minutes)
An Ordinance amending Section 10.36.263 of the Auburn City Code, related to
continuous or multiple vehicle parking violations on City owned or controlled property
VI.ADJOURNMENT
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 123
AGENDA BILL APPROVAL FORM
Agenda Subject:
Auburn Community Court Presentation (Comeau) (15 Minutes)
Date:
May 18, 2022
Department:
Legal
Attachments:
Presentation
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrative Recommendation:
Background for Motion:
Background Summary:
Reviewed by Council Committees:
Councilmember:Mulenga Staff:Comeau
Meeting Date:May 23, 2022 Item Number:
Page 3 of 123
Auburn Community Court
Page 4 of 123
Auburn Community Court
•Our Why
•Our How
•Our Story
Page 5 of 123
Auburn Community Court
Our Why
•Community Safety
•Reduce Recidivism
•Increase Cost Efficiencies
•Restorative Justice
•Accountability with Compassion
Page 6 of 123
Auburn Community Court
Our How
•A brief history of diversion in the U.S.
–English Law Tradition—court of equity
–Modern History 1947 to present
–The local government phenomenon
Page 7 of 123
Auburn Community Court
Our How
•Three Types of Diversion Programs
–Pre-Charge (LEAD Programs)
–Pre-Trial
–Post-Disposition
Page 8 of 123
Auburn Community Court
Our How
•Evidence-Based Model Approach
–Assessment
–Treatment
–Deterrence
–Procedural Justice
–Collaboration
Page 9 of 123
Auburn Community Court
Our Story
•Eligibility Criteria
•Process
–SOC
–Target Behaviors
–Compliance Monitoring
–Rewards and Sanctions
Page 10 of 123
Auburn Community Court
Eligibility Criteria
Page 11 of 123
Auburn Community Court
Process
STEP 1:
Participant
Selection
STEP 2: City
Invites Participant
STEP 3: CCC
Conducts Needs
Assessment
STEP 4: Parties
enter SOC
STEP 5:
Participant begins
Community Court
STEP 6:
Participant Meets
with Agencies
STEP 7:
Participant
Engages in CC
PARTICIPANT
GRADUATES!
Page 12 of 123
Auburn Community Court
Stipulated Order for Continuance (SOC)
•Length of time
•Waiver of rights
•Participant’s obligations
•Accountability
Page 13 of 123
Auburn Community Court
Target Behaviors for Community Court
BEGINNING OF COMMUNITY COURT
•Attend court
•Schedule/attend
SUD/MH assessment
•Honesty about
relapse/use
MIDDLE OF COMMUNITY COURT
•Engaged in treatment
•Showing insight/initiative
•Working on preventative health care
END OF COMMUNITY COURT
•Sobriety
•Maintenance phase or
completion of treatment
•Education/employment
Page 14 of 123
Auburn Community Court
Compliance Monitoring
•Weekly Treatment Reports
–UA results
–Classes attendance
–Report from counselor
•Other Obligations
–Made appointments
–Completed work crew
Page 15 of 123
Auburn Community Court
Rewards and sanctions
•Rewards
•Sanctions
Page 16 of 123
AGENDA BILL APPROVAL FORM
Agenda Subject:
Ordinance No. 6859 (Gaub) (5 Minutes)
Date:
May 12, 2022
Department:
Public Works
Attachments:
Ordinance No. 6859
Exhibit A
Vicinity Map
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrative Recommendation:
For discussion only.
Background for Motion:
Background Summary:
Davis Property and Investment has requested an extension of time in which to complete
conditions associated with Right-of-Way Vacation No. V1-19 previously approved by City
Council on March 16, 2020, under Ordinance No. 6759. The vacation is for the alley north of
3rd Street NE and between B Street NE and Auburn Avenue. An extension was previously
granted by City Council on June 21, 2021, under Ordinance No. 6823. The current deadline
to complete the conditions is September 16, 2021.
City Staff supports an extension to April 30, 2023, as the applicant just recently received
approval of their development plans and notice to proceed with construction. This will align
the development’s completion of construction and the start of the City’s capital project
construction in the area.
Ordinance No. 6859 amends Ordinance No. 6823 and 6759 extending the time for the
developer to complete conditions associated with Right-of-Way Vacation No. V1-19. A
depiction of the vacation area is included with Ordinance No. 6823, Exhibit A and the Vicinity
Map, in the packet.
Reviewed by Council Committees:
Councilmember:Stearns Staff:Gaub
Meeting Date:May 23, 2022 Item Number:
Page 17 of 123
- - - - - - - - - - - - - - - - -
Ordinance No. 6859
ROW Vacation V1-19
May 16, 2022
Page 1 of 3
ORDINANCE NO. 6859
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AUBURN WASHINGTON, AMENDING ORD. 6759 AND
EXTENDING THE 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”), passed Ordinance No. 6759 on
March 16, 2020, vacating its 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 that Ordinance; and,
WHEREAS, Section 1, Paragraph G of Ordinance No. 6759 required all conditions
of the vacation to be completed by September 16, 2021 or the vacation and Ordinance
would be null and void; and,
WHEREAS, pursuant to Auburn City Code (ACC) 12.48.090 and before the
September 16 deadline in Ordinance No. 6759, the applicant requested additional time to
complete the required vacation conditions in Ordinance No. 6759. The City Council granted
the request by passing Ordinance No. 6823, which amended Ordinance No. 6759 to extend
its vacation condition deadline to September 16, 2022. A copy of Ordinance No. 6823 is
attached as Exhibit A to this Ordinance; and,
WHEREAS, by letter dated March 31, 2022, the applicant has indicated that due to
factors outside the applicant’s control, they will not be able to complete the vacation
conditions by the September 16, 2022 deadline set by Ordinance No. 6823. The applicant
Page 18 of 123
- - - - - - - - - - - - - - - - -
Ordinance No. 6859
ROW Vacation V1-19
May 16, 2022
Page 2 of 3
requests additional time to complete the conditions, and estimates completion by April 30,
2023; and,
WHEREAS, the City has determined that the applicant has made a good faith effort
to meet the vacation conditions required by Ordinance 6759, and that the applicant’s request
to extend the condition completion deadline to April 30, 2023 is reasonable and in the public
interest given the unforeseeable circumstances encountered by the applicant; and,
WHERAS, the City Council has considered and approves the applicant’s 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. Amendment of City Ordinance. Section 1, paragraph G of
Ordinance No. 6759 is amended to read as follows:
G. This vacation shall be effective upon completion of the provisions in
paragraph E and F, above. The above described provisions must be
completed by September 16, 2021 April 30, 2023 or the vacation and
Ordinance will be null and void.
All other provisions of Ordinance No. 6759 shall remain in full force and effect.
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 legislation.
Section 4. Effective Date. This Ordinance shall take effect and be in force
Page 19 of 123
- - - - - - - - - - - - - - - - -
Ordinance No. 6859
ROW Vacation V1-19
May 16, 2022
Page 3 of 3
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. 6823 and 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 20 of 123
ORDINANCE NO. 6823
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AUBURN WASHINGTON, AMENDING THE 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.
Ordinance No. 6823
ROW Vacation V1-19
May 26, 2021
Page 1 of 2
Exhibit A
Page 21 of 123
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:
JUN2 1 2021
PASSED: JUN 212021
APPROVED: JUN 2 12021
4._. . - - .
CY BAC US, MAYOR
ATTEST: APPROVED AS TO FORM:
Shawn Campbell, MMC,City Clerk Kendra Comeau, City Attorney
PUBLISHED IA) , t\k_otT\
Ordinance No. 6823
ROW Vacation V1-19
May 26, 2021
Page 2 of 2
Page 22 of 123
Exhibit A
ORDINANCE NO. 6759
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AUBURN WASHINGTON, 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"), has received a petition signed
by at least two-thirds (2/3) of the owners of property abutting to 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, requesting vacation of the right-of-way; and,
WHEREAS, as required by Chapter 12.48 of the Auburn City Code, a public hearing
was held in connection with the possible vacation, with notice having been provided
pursuant to statute; and,
WHEREAS, the City Council has considered all matters presented at the public
hearing on the proposed vacation, held on the 16th day of March, 2020, at the Auburn City
Council Chambers in Auburn, Washington.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON DO ORDAIN as a non-coded ordinance as follows:
Section 1. Vacation. That the right of way located at a portion of the Alley
north of 3rd Street NE, between B Street NE and Auburn Avenue located within the City of
Auburn, Washington, legally described as follows:
THAT PORTION OF THE ALLEY, BEING 10 FEET IN WIDTH,
ADJACENT TO AND COINCIDENT WITH THE EAST LINE OF
LOTS 3 THROUGH 6, BLOCK 2 OF THE PLAN OF MEADOW
ADDITION TO AUBURN, ACCORDING TO THE PLAT
Ordinance No. 6759
ROW Vacation V1-19
January 6, 2020
Page 1 of 6
Page 23 of 123
THEREOF RECORDED IN VOLUME 18 OF PLATS, PAGE 68,
IN KING COUNTY, WASHINGTON, DESCRIBED AS
FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF LOT 6
OF SAID BLOCK 2 OF SAID PLAT;
THENCE SOUTH 89°17'20" EAST, 57.00 FEET ALONG THE
SOUTH LINE OF SAID LOT 6 TO THE SOUTHWEST
CORNER OF THAT PORTION CONVEYED TO THE CITY OF
AUBURN FOR STREET PURPOSES BY DEED RECORDED
UNDER RECORDING NO. 7807170275;
THENCE NORTH 76°21'00" EAST, 44.37 FEET ALONG THE
NORTH LINE, TO THE NORTHEAST CORNER OF SAID
PORTION CONVEYED TO THE CITY OF AUBURN, BEING
THE WEST MARGIN OF SAID ALLEY AND THE TRUE POINT
OF BEGINNING;
THENCE NORTH 00°38'08" EAST, 169.00 FEET ALONG
SAID WEST MARGIN TO THE NORTHEAST CORNER OF
LOT 3 OF SAID PLAN OF MEADOW ADDITION TO AUBURN;
THENCE ALONG THE NORTHERLY PROLONGATION OF
SAID LOT 3, SOUTH 89°17'30" EAST, 10.00 FEET TO THE
EAST MARGIN OF SAID ALLEY;
THENCE SOUTH 00°38'08" WEST, 165.00 FEET ALONG
SAID EAST MARGIN TO THE MOST WESTERLY
NORTHWEST CORNER OF THAT PORTION CONVEYED
TO THE CITY OF AUBURN FOR STREET PURPOSES BY
DEED RECORDED UNDER RECORDING NO. 7807170274;
THENCE SOUTH 68°53'49" WEST, 10.77 FEET TO SAID
NORTHEAST CORNER OF THAT PORTION CONVEYED TO
THE CITY OF AUBURN FOR STREET PURPOSES BY DEED
RECORDED UNDER RECORDING NO. 7807170275 AND
THE WEST MARGIN OF SAID ALLEY AND THE POINT OF
BEGINNING.
CONTAINS 1,670 SQUARE FEET, MORE OR LESS. (0.038
ACRES +/-)
Also identified as Exhibit "A".]
and as shown on the survey, a copy of which is attached, marked Exhibit"B" is vacated and
the property lying in the right-of-way described, shall inure and belong to those persons
Ordinance No. 6759
ROW Vacation V1-19
January 6, 2020
Page 2 of 6
Page 24 of 123
entitled to receive the property in accordance with RCW 35.79.040, conditioned upon the
following:
A. Reservation in favor of the City of a perpetual Nonexclusive
Easement under, over, through and across the vacated right-of-way as described above
for the purpose of laying, maintaining, and installing future and existing sanitary sewer
facilities and including a reservation in favor of the City of the right to grant easements for
utilities over, under and on all portions of the vacated right-of-way as described above.
The City shall have the absolute right, at times as may be necessary for immediate
entry upon said Easement Area for the purpose of maintenance, inspection, construction,
repair or reconstruction of the above improvements without incurring any legal obligation
or liability.
The City shall have the absolute right to place any type of driving surface within
said Easement Area deemed necessary by the City.
The owners of the adjacent properties agree and shall not in any way block, restrict
or impede access and egress to or from said Easement Area, and /or in any way block,
restrict or impede full use of the real property within the Easement Area by the City for
the above described purposes. No building, wall, rockery, fence, trees, or structure of
any kind shall be erected or planted, nor shall any fill material be placed within the
boundaries of said Easement Area, without the express written consent of the City. No
excavation shall be made within three feet of said facilities and the surface level of the
ground within the Easement Area shall be maintained at the elevation as currently
Ordinance No. 6759
ROW Vacation V1-19
January 6, 2020
Page 3 of 6
Page 25 of 123
existing.
This easement shall be a covenant running with the adjacent property parcels and
burden said real estate, and shall be binding on the successors, heirs and assigns of all
parties.
B. Under the terms of the reservation set out in Paragraph A above and in
accordance with RCW 35.79.030, the City grants a private utility easement to Puget
Sound Energy over, under, and upon the vacated right-of-way as described above for the
construction, operation, maintenance, repair, replacement, improvement and removal of
electric distribution facilities. The owners of the adjacent property shall not erect any
structures on the easement and shall not place trees or other obstructions on the
easement that would interfere with the exercise of Grantees' rights.
C. Under the terms of the reservation set out in Paragraph A above and in
accordance with RCW 35.79.030, the City grants a private utility easement to CenturyLink
over, under and upon the vacated right-of-way as described above for the construction,
operation, maintenance, repair, replacement, improvement and removal of wireline
telecommunications facilities. The owners of the adjacent properties shall not erect any
structures on the easement and shall not place trees or other obstructions on the
easement that would interfere with the exercise of Grantees' rights.
D. It is provided, however that such reserved or granted utility and access
easements as set out in Paragraphs A, B and C above may be modified to accommodate
a removal, relocation and sitting of the affected utility lines if the City and the property
Ordinance No. 6759
ROW Vacation V1-19
January 6, 2020
Page 4 of 6
Page 26 of 123
owners on whose property the utility lines are located agree to the removal relocations
and sitting being paid by said property owners and with the removal relocation and sitting
being done in conformity with applicable standards.
E. The property owners of Parcel Nos. 5405100015 and 5405100025 shall
reserve and grant a public access easement across those parcels from the southern
terminus of the existing public alley(following vacation) to B Street NE and shall construct
such public access easement to City standards for the purposes of allowing vehicular,
pedestrian and emergency access to and from the southern terminus of the existing public
alley (following vacation) to and from B Street NE.
F. Direct access from the vacation area to 3rd Street NE and from Parcel No.
0492000480 to Auburn Avenue shall be permanently closed. The Developer will be
required to remove curb cuts and driveways and replace with sidewalks in accordance
with City Standards upon reservation and construction of such access easement in
paragraph E, above.
G. This vacation shall be effective upon completion of the provisions in
paragraph E and F, above. The above described provisions must be completed by
September 16, 2021 or the vacation and Ordinance will be null and void.
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
Ordinance No. 6759
ROW Vacation V1-19
January 6, 2020
Page 5 of 6
Page 27 of 123
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
with the office of the King County Auditor only upon completion of those provisions set forth
in Section 1, Paragraphs E, F, and G, above, at which time the vacation pursuant to this
Ordinance shall be effective under Auburn City Code 12.48.080.
INTRODUCED: MAR 1 6 1020
PASSED: MAR 1 6 2O2
APPROVED: MAR 1 6 2020
if: - - _11041114
NA`4 ., BACKUS, MAYOR
ATTEST:
Shawn Campbell, MMC, City Clerk
APPROVED AS TO FORM:
Kendra Comeau, City Attorney
PUBLISHED: MAYIh Ven
UV tN Ill SeOrklki 1MS
Ordinance No. 6759
ROW Vacation V1-19
January 6, 2020
Page 6 of 6
Page 28 of 123
EXHIBIT"A"
LEGAL DESCRIPTION
RIGHT-OF-WAY VACATION
THAT PORTION OF THE ALLEY, BEING 10 FEET IN WIDTH, ADJACENT TO AND COINCIDENT WITH
THE EAST LINE OF LOTS 3 THROUGH 6, BLOCK 2 OF THE PLAN OF MEADOW ADDITION TO
AUBURN, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 18 OF PLATS, PAGE 68,
IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF LOT 6 OF SAID BLOCK 2 OF SAID PLAT;
THENCE SOUTH 89°17'20" EAST, 57.00 FEET ALONG THE SOUTH LINE OF SAID LOT 6 TO THE
SOUTHWEST CORNER OF THAT PORTION CONVEYED TO THE CITY OF AUBURN FOR STREET
PURPOSES BY DEED RECORDED UNDER RECORDING NO. 7807170275;
THENCE NORTH 76°21'00"EAST,44.37 FEET ALONG THE NORTH LINE,TO THE NORTHEAST
CORNER OF SAID PORTION CONVEYED TO THE CITY OF AUBURN, BEING THE WEST MARGIN
OF SAID ALLEY AND THE TRUE POINT OF BEGINNING;
THENCE NORTH 00°38'08"EAST, 169.00 FEET ALONG SAID WEST MARGIN TO THE NORTHEAST
CORNER OF LOT 3 OF SAID PLAN OF MEADOW ADDITION TO AUBURN;
THENCE ALONG THE NORTHERLY PROLONGATION OF SAID LOT 3, SOUTH 89°17'30" EAST,
10.00 FEET TO THE EAST MARGIN OF SAID ALLEY;
THENCE SOUTH 00°38'08"WEST, 165.00 FEET ALONG SAID EAST MARGIN TO THE MOST
WESTERLY NORTHWEST CORNER OF THAT PORTION CONVEYED TO THE CITY OF AUBURN
FOR STREET PURPOSES BY DEED RECORDED UNDER RECORDING NO. 7807170274;
THENCE SOUTH 68°53'49"WEST, 10.77 FEET TO SAID NORTHEAST CORNER OF THAT PORTION
CONVEYED TO THE CITY OF AUBURN FOR STREET PURPOSES BY DEED RECORDED UNDER
RECORDING NO. 7807170275 AND THE WEST MARGIN OF SAID ALLEY AND THE POINT OF
BEGINNING.
CONTAINS 1,670 SQUARE FEET, MORE OR LESS. (0.038 ACRES +1-)
D. Gt
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Project Name: Merritt Building
March 13,2019
Revised September 19,2019
Job No.20449
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Page 29 of 123
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Page 30 of 123
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1in =131 ft
12/13/2019Printed Date:
Map Created by City of Auburn eGIS
Imagery Date: May 2015
Information shown is for general reference
purposes only and does not necessarily
represent exact geographic or cartographic
data as mapped. The City of Auburn makes no
warranty as to its accuracy. Page 31 of 123
AGENDA BILL APPROVAL FORM
Agenda Subject:
Ordinance No. 6865 (Tate) (10 Minutes)
Date:
May 16, 2022
Department:
Community Development
Attachments:
Attachment A - Draft Ordinance No. 6865,
Amending The Contract Rezone
Attachment B - Hearing Examiner
Recommendation on the Auburn Townhomes
Contract Rezone Amendment
Attachment C - Ordinance No. 4456 Contract
Rezone (September 4, 1990)
Attachment D - Auburn Townhomes Contract
Rezone Amendment PowerPoint Presentation
Attachment E - Site Vicinity Map
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrative Recommendation:
For discussion only.
Background for Motion:
Background Summary:
Request to amend contract rezone (Ordinance No. 4456) of approx. 7.7 acres (four parcels)
of C-3, Heavy Commercial zoned properties to include “Live/Work” as an allowed use for
parcel (King Co. Parcel No. 000080-0053) of the four original parcels. The other three
parcels included in original contract rezone are not part of this contract rezone amendment
application request and are already developed and will remain consistent with requirements
outlined in Section 4 of Ordinance No. 4456. A contract rezone was implemented at the time
patterned after the C-3, Heavy Commercial but with a more limited range of allowed uses.
The “Live/Work” was not included as a permitted use in the contract rezone adopted in
September 1990 because this was not a typical use at the time, however current city code
allows “Live/Work” as a permitted use in C-3, Heavy Commercial zone per Section
18.23.030.
On April 20, 2022 a public hearing was held, and the Hearing Examiner recommended to City
Council that the Auburn Townhomes contract rezone amendment be adopted without conditions. A
Determination of Non-Significance was issued on February 10, 2022 and no public comments
were received during the public comment period and there were no appeals.
Reviewed by Council Committees:
Councilmember:Stearns Staff:Tate
Meeting Date:May 23, 2022 Item Number:
Page 32 of 123
Page 33 of 123
- - - - - - - - - - - - - - - - Ordinance No. 6865 May 12, 2022 Page 1 of 4
ORDINANCE NO. 6 8 6 5 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AMENDING ORDINANCE NO.
4456 TO PERMIT “LIVE/WORK” LAND USE FOR ONE PARCEL AND CONSISTENCY WITH CURRENT C-3, HEAVY COMMERCIAL ZONE.
WHEREAS, the City Council of the City of Auburn, Washington, adopted, on
September 4, 1990, Ordinance No. 4456 which approved a contract rezone consisting of
four parcels from M-1, Light Industrial to C-3, Heavy Commercial; and
WHEREAS, Ordinance No. 4456 was adopted as a contract rezone patterned after
the then, range of land uses allowed in the C-3, Heavy Commercial zoning district but
with a more limited set of land uses that were appropriate given the vicinity and to reduce
or avoid impacts; and
WHEREAS, Ordinance No. 4456 included an extensive list of authorized uses
within the contract rezone, which did not include “Live/Work” as a permitted use because
the development type was not typical; and
WHEREAS, ACC 18.23.030 currently allows for “Live/Work” land uses in the city’s
C-3, Heavy Commercial zoning district; and
WHEREAS, Brent Lambeth, of Lambeth Architecture, Applicant’s Representative,
submitted a rezone application on October 13, 2022 for King County Parcel No. 000080-
0053; and
WHEREAS, the environmental impacts of the proposed rezone were considered
in accordance with procedures of the State Environmental Policy Act with a Determination
of Non-Significance issued on February 10, 2022; and
WHEREAS, after proper notice published in the City’s official newspaper at least
Page 34 of 123
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ten (10) days prior to the date of public hearing, the City of Auburn Hearing Examiner
heard public testimony and took evidence and exhibits into consideration; and
WHEREAS, on April 20, 2022 the City of Auburn Hearing Examiner recommended
approval of the contract rezone amendment application, and made and entered findings
of fact and conclusions of law based thereon in support of that recommendation, as set
forth in the Findings of Fact, Conclusions of Law and Recommendation of the Hearing
Examiner attached hereto, marked as Exhibit “A” and incorporated herein by this
reference; and
WHEREAS, the City Council concurs with the findings of fact and conclusions of
law of the Hearing Examiner; and
WHEREAS, Section 4, of Ordinance No. 4456, marked as Exhibit “B” is amended
as follows, only for King County Parcel No. 000080-0053, to add the following:
ZZ. Live/Work Units
The three other parcels indicated in Ordinance No. 4456 are to remain consistent with
Section 4 requirements indicated in Ordinance No. 4456.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON,
DO ORDAIN as follows:
Section 1. Adoption of the Hearing Examiner’s Findings of Fact and
Conclusions of Law. The City Council adopts the findings of fact and conclusions of law
based thereon, made and entered by the Hearing Examiner in support of the
Page 35 of 123
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recommendation to the City Council, as set forth in the “Findings of Fact, Conclusions of
Law and Recommendation for the Auburn Townhomes Rezone, City File Number REZ21-
0001, dated May 4, 2022”, attached hereto, marked as Exhibit “A”.
Section 2. Approval. The City Council adopts and approves the request to
amend Ordinance No. 4456 to allow “Live/Work” as a permitted applicable to King County
Parcel No. 000080-0053.
Section 3. Constitutionality or Invalidity. If any section, subsection clause
or phase of this Ordinance is for any reason held to be invalid or unconstitutional such
invalidity or unconstitutionality shall not affect the validity or constitutionality of the
remaining portions of this Ordinance, as it is being hereby expressly declared that this
Ordinance and each section, subsection, sentence, clause and phrase hereof would have
been prepared, proposed, adopted and approved and ratified irrespective of the fact that
any one or more section, subsection, sentence, clause or phrase be declared invalid or
unconstitutional.
Section 5. Recordation. Upon the passage, approval and publication of this
Ordinance as provided by law, the City Clerk of the City of Auburn shall cause this
Ordinance to be recorded in the office of the King County Auditor’s Division.
Section 6. Implementation. The Mayor is hereby authorized to implement
such administrative procedures as may be necessary to carry out the directions of this
legislation.
Section 7. Effective Date. This ordinance shall take effect and be in force
five (5) days from and after its passage, approval, and publication, as provided by law.
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FIRST READING: _______________________
SECOND READING:
_____________________
PASSED: _____________________________
APPROVED:
___________________________
CITY OF AUBURN
_____________________________________
NANCY BACKUS, MAYOR
ATTEST:
____________________________
Shawn Campbell, City Clerk APPROVED AS TO FORM:
____________________________ Kendra Comeau, City Attorney
Published: ___________________
Page 37 of 123
Rezone Recommendation p. 1
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BEFORE THE HEARING EXAMINER FOR THE CITY OF AUBURN
Phil Olbrechts, Hearing Examiner
RE: Auburn Townhomes Rezone
REZ21-0001
FINDINGS OF FACT, CONCLUSIONS
OF LAW AND RECOMMENDATION
INTRODUCTION
The Applicant has requested an amendment to a contract rezone, specifically to
authorize live/work units as a permitted use at a parcel located on the north side of
16th St. NW between ‘A’ St. NW and ‘B’ St.. It is recommended that the City
Council approve the requested amendment.
The proposed amendment is straightforward and relatively minor. The City Council
approved a contract rezone for the project site in 1990. The contract rezone included
an extensive list of authorized uses. Live/work units were not included in that list
because that use was not recognized in the City’s zoning code at the time. The
contract rezone designated the property as C-3, the same zoning that applies to
properties on the west, east and south sides of the project site. Live/work units are
currently permitted outright in the C-3 zone1. As discussed in more detail below,
existing surrounding uses are generally compatible with live/work units, most notably
a hotel on the east side of the project site and short-term housing on the west side.
1 Although live/work units are authorized in the C-3 zone, it appears that the same
contract rezone that applies to the subject property also applies to other properties
north of 16th as well. See Ex. 8, p. 5. In this regard, live/work units may not be
authorized in some of the surrounding C-3 property. As shown in the zoning map
excerpt below, however, the project site is in a large area of C-3 zoned property that
extends significantly south of 16th.
Page 38 of 123
Rezone Recommendation p. 2
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TESTIMONY
A computer-generated transcript has been prepared of the appeal hearing to provide
an overview of the hearing testimony. The transcript is provided for informational
purposes only as Appendix A. Since the transcript is computer generated, it is not
100% accurate, but does provide a useful indication of what testimony was presented
during the hearing.
EXHIBITS
Exhibits 1-9 identified in the Exhibit List at page 6 of the April 20, 2022 staff report
were admitted into the record during the April 20, 2022 public hearing.
FINDINGS OF FACT
Procedural:
1. Applicant. The Applicant is Rajinder Khera, Swami Investments, 7812
120th Street Surrey, BC V3W3N2.
2. Hearing. A virtual hearing on the application was held on April 20, 2022
at 5:30 p.m., Zoom Meeting ID No. 863 7728 1404.
Substantive:
3. Site/Proposal Description. The Applicant has requested an amendment to
a contract rezone, specifically to authorize live/work units as a permitted use at a
parcel located on the north side of 16th St. NW between ‘A’ St. NW and ‘B’ St..
The City Council approved the contract rezone in 1990 for four parcels totaling 7.7
acres. The parcel subject to the rezone is approximately 7,500 square feet in area2.
Live/Work is not included as a permitted use in the contract rezone.
A live/work unit is defined by ACC 18.04.527 as follows:
“Live/work unit” means an integrated housing unit and working space,
occupied and utilized by a single household in a structure, either single
dwelling or multi-unit dwelling, that has been designed or structurally
modified to accommodate joint residential occupancy and work activity,
and which includes:
A. A complete dwelling unit; and
2 The staff report identifies the project site as rectangular with a width of 50 feet and
length of 150 feet.
Page 39 of 123
Rezone Recommendation p. 3
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B. Working space reserved for and regularly used by one or more
occupants of the dwelling unit.
The difference between a live/work unit and a work/live unit (defined in
ACC 18.04.913) is that the “work” component of a live/work unit is
secondary to its residential use, and may include only commercial
activities and pursuits that are compatible with the character of a quiet
residential environment, while the work component of a work/live unit is
the primary use, to which the residential component is secondary.
Live/work units are currently authorized in the C-3 zone (Heavy Commercial
District), which is the zoning of the adjoining properties to the south, east and west
(however, see Footnote No. 1).
According to the SEPA checklist for the project site, Ex. 3, the property is
undeveloped and currently used for overflow parking.
4. Characteristics of the Area: As previously mentioned, parcels to the
south, east and west are zoned C-3. The parcel to the north is zoned M-1 Light
Industrial. The subject parcel is located on the north side of 16th St. NW with a
Comfort Inn Hotel located on its east side and a former Clarion Hotel located on its
west side. The C-3 parcels located across 16th St. are either vacant or occupied by
Public Storage and Self Storage. McKeeson Warehousing is located to the north and
an airfield to the northeast. According to the testimony of staff, the Clarion Hotel has
recently been purchased by King County to be used for short term housing. As of a
couple weeks prior to the hearing, staff testified that the Clarion property was “gated
off.” Surrounding zoning is depicted in the zoning map excerpt pasted below:
Page 40 of 123
Rezone Recommendation p. 4
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5. Adverse Impacts. There are no significant adverse impacts associated
with the proposal. The proposed live/work addition to the contract rezone is
compatible with the lodging and residential uses currently in place on the adjoining
Clarion/King County and Comfort in parcels. Live/work units are also already
permitted use in the C-3 zone, which adjoins the property on three sides. It is also not
anticipated that live/work units will create any more significant impacts than all the
other more intense uses already authorized in the contract rezone. The uses
authorized by the contract rezone are identified in a list of almost 70 uses, including
retail stores, hotels, schools and personal service shops. See Ex. 8. In terms of
surrounding uses creating adverse impacts to live/work units, the existing uses
identified in Finding of Fact No. 4 appear to be well suited for proximity to
residential use, except for the airport landing field and warehouse use located to the
north.
There are no critical areas at the project site except for an aquifer recharge area,
which is present at a large portion of the City. The live/work units in any event would
not be expected to create any greater impact to critical areas than the multitude of
uses already authorized by the contract rezone. 16th St. NW, which serves the site, is
a two-lane minor arterial. Live/work units are not anticipated to create any greater
traffic demand on 16th in comparison to other uses authorized for the project site. As
identified in the staff report, any development on the site would be required to
provide adequate facilities of public and private utilities such as water, sewer, and
electricity.
CONCLUSIONS OF LAW
Procedural:
1. Authority of Hearing Examiner. ACC 18.68.030(B)(1)(a) grants the Hearing
Examiner with the authority to review and make a recommendation on rezone requests
to the City Council if the Planning Director determines that the rezone requests are
consistent with the Comprehensive Plan. The Planning Director has determined that
the rezone request is consistent with the Comprehensive Plan.
Substantive:
2. Comprehensive Plan Land Use Map Designation. The Comprehensive
Plan Land Use Map designation for the proposed rezone area is Heavy Commercial.
3. Case Law Review Criteria and Application. The proposal meets the legal
criteria for approval of a site-specific rezone.
As with many local jurisdictions, the Auburn City Code does not include any criteria
for rezone applications. Washington appellate courts have imposed some rezone
criteria. Those courts require that the proponents of a rezone establish that conditions
Page 41 of 123
Rezone Recommendation p. 5
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have substantially changed since the original zoning and that the rezone must bear a
substantial relationship to the public health, safety, morals or welfare. See Ahmann-
Yamane, LLC v. Tabler, 105 Wn. App. 103, 111 (2001). If a rezone “implements” the
Comprehensive Plan, a showing that a change of circumstances has occurred is not
required. Id. at 112.
The public health, safety and welfare criterion is easily met. As determined in
Finding of Fact No. 5, the proposal will not create any significant adverse impacts.
The proposal will also facilitate the accommodation of urban growth in the City,
which meets numerous policy objectives of the Growth Management Act.
The change in circumstances criterion is not so easily addressed due to some
ambiguities in that judicial requirement. Staff have taken the position that no change
in circumstances is required because the proposal “implements” the comprehensive
plan by being consistent with the comprehensive plan. As testified by Mr. Steiner
during the hearing, the proposed contract amendment is consistent with the
comprehensive plan because it would not necessitate an amendment to the
comprehensive plan “Heavy Commercial” map designation.
The staff position is reasonable, however also somewhat questionable. RCW
36.70A.120 already requires zoning code amendments to be consistent with the
comprehensive plan. Consequently, the staff position on what “implements” means
renders the judicial standard for change of circumstances entirely meaningless.
Under the judicial standard, a change of circumstances is only evaluated if a proposed
rezone is inconsistent with the comprehensive plan. But RCW 36.70A.120 prohibits
the approval of inconsistent rezones, so there would be no reason to ever consider
change of circumstances.
It is recognized that RCW 36.70A.120 was adopted in 1993 and the judicial
requirement for implementing the comprehensive plan traces back to opinions issued
before that date. It is possible that the courts have simply neglected to update their
rezone criteria to factor in the impact of RCW 36.70A.120. Taking a moderately
conservative approach, however, it is best to presume that the Ahmann-Yamane, LLC
court was aware of current law when it applied the comprehensive plan criterion. See
State v. Koontz, No. 30879-1-III (Wash. Ct. App. Nov. 26, 2013) (“The judge is
presumed to know the law.”).
Miriam Webster defines “implement” as “to give practical effect to and ensure of
actual fulfillment by concrete measures.” At the least, if implementing the
comprehensive plan is to mean more than simply being consistent with the plan, the
proposed rezone should better serve to fulfill the objectives of the plan than currently
allowed uses. The “live/work” amendment arguably does provide for that better fit
by adding to the variety of housing in Auburn. The housing element of the
comprehensive plan references a need and goal for a variety of housing in multiple
sections. See Comprehensive Plan Affordable Housing Element Vision (H-1),
Page 42 of 123
Rezone Recommendation p. 6
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Conditions and Trends (H-2, H-4), Healthy Homes and Neighborhoods (H-5), Variety
Policy No. H-10.
Even if the proposal isn’t construed as implementing the comprehensive plan, it still
meets the rezone criteria for approval because of a change in circumstances. As
testified by staff, the King County housing and Comfort Inn uses that surround the
project site were added to the area after the contract rezone was originally adopted in
1990. The addition of these uses qualifies as a change in circumstances since they
provide better assurance that live work arrangements on the subject property will be
compatible with surrounding uses as opposed to the wide range of uses otherwise
permitted in the C-3 zone.
An even more compelling change in circumstance is that the “live/work” use wasn’t a
use that was recognized in Auburn’s zoning code in 1990. According to staff, the
concept was more recently adopted into the C-3 zoning designation. In short, the
proposed amendment seeks to take advantage of a residential use that didn’t exist
when the contract rezone was adopted.
For the reasons identified above, the proposed rezone is justified by both a change in
circumstances and arguably because it serves to implement the comprehensive plan.
All criteria for a rezone are met.
RECOMMENDATION
It is recommended that the City Council approve REZ21-0001.
DATED this 4th day of May, 2022.
City of Auburn Hearing Examiner
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$8%8519$/8(66(59,&((19,5210(17(&2120<&+$5$&7(56867$,1$%,/,7<:(//1(66&(/(%5$7,21REZ21-0001 AUBURN TOWNHOMES CONTRACT REZONE AMENDMENTCITY COUNCIL STUDY SESSIONJOSH STEINER, AICP – SENIOR PLANNERMAY 23, 2022Department of Community DevelopmentPlanning zBuilding zDevelopment Engineering zPermit CenterSustainabilityzCommunity Services ŏCode EnforcementPage 54 of 123
SERVICE zENVIRONMENT zECONOMY zCHARACTER zSUSTAINABILITY zWELLNESS zCELEBRATIONREZ21-0001 AUBURN TOWNHOMES CONTRACT REZONEPROJECT SUMMARY: Application to amend contract rezone (Ordinance #4456) for King Co. Parcel No. 000080-0053 to include “Live/Work” as a permitted use.Ordinance #4456 covers four parcels, including subject parcel, consisting of 7.7 acres of C-3 zoned properties Other three parcels included in original contract rezone are not part of this contract rezone amendment request. (Exhibit 1)LOCATION:The site is generally located on the north side of 16th St. NW between ‘A’ St. NW and ‘B’ St. NW. King Co. Parcel No. 000080-0053.SERVICEENVIRONMENTECONOMYPRApKipeOcopacoLOTThbe00HARACTER zSUSTAINABILITY zWELLNESS zCELEBRATIONg80-0005533..Page 55 of 123
SERVICE zENVIRONMENT zECONOMY zCHARACTER zSUSTAINABILITY zWELLNESS zCELEBRATIONREZ21-0001 AUBURN TOWNHOMES CONTRACT REZONEContract Rezone: Contract rezone (Ordinance #4456),1990 – Exhibit 8Page 56 of 123
SERVICE zENVIRONMENT zECONOMY zCHARACTER zSUSTAINABILITY zWELLNESS zCELEBRATIONREZ21-0001 AUBURN TOWNHOMES CONTRACT REZONELAND USE: “Heavy Commercial” Comprehensive Plan Land Use Designation (Exhibit 1)Zoned C-3 “Heavy Commercial” (Exhibit 1)Page 57 of 123
SERVICE zENVIRONMENT zECONOMY zCHARACTER zSUSTAINABILITY zWELLNESS zCELEBRATIONREZ21-0001 AUBURN TOWNHOMES CONTRACT REZONEPERMITTED USES: “Live/Work” is not included as a permitted use in the contract rezone adopted in 1990, however current city code does permit “Live/Work” in C-3 zones per ACC 18.23.030. (Exhibit 9, excerpt)Page 58 of 123
SERVICE zENVIRONMENT zECONOMY zCHARACTER zSUSTAINABILITY zWELLNESS zCELEBRATIONREZ21-0001 AUBURN TOWNHOMES CONTRACT REZONEProcedural Considerations: Comment period for Determination of Non-Significance for rezone was completed February 25, 2022 and no comments were received.Site-specific Rezone Category 1, consistent with comprehensive plan land use map. Processed as a Type IV decision (ACC 14.03.0400).Hearing Examiner recommended adoption of rezone application on May 4, 2022 as indicated in Auburn Townhomes Rezone decision (Exhibit A)Page 59 of 123
SERVICE zENVIRONMENT zECONOMY zCHARACTER zSUSTAINABILITY zWELLNESS zCELEBRATIONREZ21-0001 AUBURN TOWNHOMES CONTRACT REZONEHEARING EXAMINER and STAFF RECOMMENDATION: Approval to amend Ordinance #4456 to include “Live/Work” as a permitted use on the subject parcel, which will allow the parcel to be with C-3 uses elsewhere. Table 18.23.030 (Exhibit 9) shows “Live/Work” as a permitted use.Page 60 of 123
SERVICE zENVIRONMENT zECONOMY zCHARACTER zSUSTAINABILITY zWELLNESS zCELEBRATIONREZ21-0001 AUBURN TOWNHOMES CONTRACT REZONEAny questions?(end)Page 61 of 123
Exhibit D – Site Vicinity
Page 62 of 123
AGENDA BILL APPROVAL FORM
Agenda Subject:
Emergency Management Presentation (Hinman) (20 Minutes)
Date:
May 18, 2022
Department:
Administration
Attachments:
Emergency Management Presentation
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrative Recommendation:
Background for Motion:
Background Summary:
Reviewed by Council Committees:
Councilmember:Jeyaraj Staff:Hinman
Meeting Date:May 23, 2022 Item Number:
Page 63 of 123
Auburn Emergency Management OverviewMAY 23, 2022 – MUNICIPAL SPECIAL SERVICES FOCUS AREA STUDY SESSIONKARISSA SMITH, EMERGENCY MANAGERTYLER TURNER, EMERGENCY MANAGEMENT SPECIALISTPage 64 of 123
What Is Emergency Management?Coordinate the City’s response toand preparation forincidents.Incidents are emergencies or planned events that may go beyond the scope of normal local response capacity.Page 65 of 123
Emergency Management StaffDirector of AdministrationDana HinmanEmergency ManagerKarissa SmithEM SpecialistTyler TurnerEM Assistant(part-time)VacantPage 66 of 123
Emergency Management Program AreasIncident StabilizationEOC ActivationsLogistical SupportEmergency CommunicationsStakeholder and partner supportEmergency PlansCEMPCOOPRegional Hazard Mitigation PlanCapability-Specific PlansPlanning supportTraining and ExerciseEOC TrainingEvacuation DrillsEmergency ExercisesNIMS ComplianceEducation and OutreachPreparedness ClassesCommunity Emergency Response Team (CERT)Auburn Area Emergency Communications Team (AAECT)Tabling and EventsPage 67 of 123
Emergency Operations Center (EOC)Policy GroupEOC DirectorOperations SectionInternal BranchExternal BranchPlanning SectionDocumentation UnitSituation UnitFinance SectionProcurement UnitLogistics SectionSupply UnitFood UnitPublic Information OfficerPage 68 of 123
EOC ActivationsVeterans’ Day Parade(annually)Santa Parade(annually)President Biden Visit(2022)Auburn Riverfront Apartment Fire (2021)Summer Heat Wave(2021)COVID-19(2020)Civil Unrest(2020)Snowmageddon (2018)Heritage Fire (2017)2017 Earthquake Exercise2016 Cascadia Rising ExercisePage 69 of 123
What We Do During an IncidentIncident CommandSituational AwarenessමPlanningමSituation ReportsමResearchFinance & LogisticsමFinding scarce resourcesමSupply staging and movementමFinancial trackingමFederal reimbursementCommunicationsමAlert and WarningමEmployee NotificationමEmergency MessagingමPIO SupportමRadio (amateur radio, 1700 AM, 800 MHz public safety radio)OperationsමCoordinate with DepartmentsමActivate Emergency Support Function(s)මCommunicate with response partnersPage 70 of 123
Emergency PlansComprehensive Emergency Management Plan (CEMP)Continuity of Operations Plan (COOP)Hazard Mitigation PlanCapabilitiesමWarming/Cooling CentersමViolent intruder planningමCongregate Care SheltersමCommodity Point of Distribution Plan (CPOD)මTransportationමCommunicationsමPublic WorksමFirefightingමEmergency ManagementමMass CareමResource SupportමPublic HealthමSearch and RescueමHazMat ResponseමAgriculture and Natural ResourcesමEnergyමPublic SafetyමRecoveryමPublic InformationPage 71 of 123
Training & ExerciseTRAININGStaff EOC trainingProfessional developmentNational Incident Management System (NIMS) complianceEXERCISEEOC exerciseEvacuation drillsAuburn Area Emergency Communications Team (AAECT) drillsAssisting partners with exercisesPage 72 of 123
Education & OutreachPage 73 of 123
Council Role in Emergency ManagementShare verified informationAdvocate for City support and resourcesMayor’s Proclamation of EmergencyIncident Command System classesPage 74 of 123
Upcoming GoalsPublic EducationමPreparedness presentationsමTabling and eventsමAAECTමShakeOutමCERT (2023)Training and ExerciseමEOC TrainingමFunctional ExerciseමStaff trainingමProfessional developmentPlanningමCOOPමCEMP (2024)මHazard Mitigation Plan (2024)මMass CareමViolent intruder assistanceProgram MaintenanceමDuty Officer ProgramමNIMS TrackingමWebsite ReviewමEM CommitteeමBuilding partnershipsPage 75 of 123
COVID Update23 new cases per day<1 hospitalization per day<1 death per day76.8% of residents have completed primary vaccinationPage 76 of 123
Emergency Management COVID-19 ResponseSituational AwarenessProvide recommendations to City leadershipCoordinate food delivery for Senior Center clientsObtained 48,000 face masks for community membersමMaintaining supplies for future responseHigh-capacity testing site in AuburnAttending weekly meetings with King CountyPage 77 of 123
Thankk You!ANY QUESTIONS?Page 78 of 123
AGENDA BILL APPROVAL FORM
Agenda Subject:
Police Department Annual Report (Caillier) (15 Minutes)
Date:
May 18, 2022
Department:
Police
Attachments:
2021 Auburn Police Department Annual report
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrative Recommendation:
For discussion only.
Background for Motion:
Background Summary:
The 2021 Auburn Police Department Annual report contains information on crime statistics,
accomplishments, the organizational design of the department, and other services we
provide. The Chief will go over highlights of the report and answer any questions from the
Council.
Reviewed by Council Committees:
Councilmember:Jeyaraj Staff:Caillier
Meeting Date:May 23, 2022 Item Number:
Page 79 of 123
THE AUBURN POLICE
DEPARTMENT IS A
STATE ACCREDITED AGENCY
AUBURN POLICE DEPARTMENTANNUAL REPORT
20 21
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2 | AUBURN POLICE DEPARTMENT 2021 ANNUAL REPORT
Auburn Police Department340 East Main Street, Suite 201Auburn, Washington 98002
Lobby
Services 24 hours a day
Business Office
Monday-Friday | 9am-5pm
Saturday | 9am-12pm
Sunday & Holidays | Closed
King County District Court
South Division
340 E Main Street, Suite 101
Auburn, Washington 98002
206-477-0480
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MESSAGE FROM CHIEF MARK CAILLIER
In October of 2021, it was my honor to be
appointed as the 15th Police Chief in Auburn’s
history.
On behalf of the employees of the Auburn Police
Department, it is my privilege to present the 2021
Annual Report.
2021 continued to be a year of change for the
Department as we worked through Legislative
changes, industry wide staffing issues, and the
ongoing COVID 19 pandemic. Although the
pandemic curtailed a lot of our community
outreach, we remained committed to engaging
with our community whenever we could.
This past year we continued to update our policies
to be consistent with national and state best
practices and comply with new court decisions
and changes to the law.
The employees of the Auburn Police Department
are committed to providing you with professional
law enforcement services. Your community is
policed by professional officers who are not afraid
to bravely stand up to danger and adversity.
Officers serve with a noble purpose and make
decisions based on trust and honesty. Without
the support of our community, we would not be
successful as an agency.
In this report, you will find information on crime
statistics, accomplishments, the organizational
design of the department, and other services we
provide. The citizens of Auburn are our largest
asset and partner when it comes to reducing
crime and improving the overall quality of life for
all citizens.
As this current year moves on to the next, we will continue working to improve the trust and transparency that
is expected by our community. I welcome you to visit our website auburnwa.gov and follow us on social media
platforms such as Facebook, Twitter, and Instagram.
Mark Caillier Chief of Police, Auburn Police Department
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4 | AUBURN POLICE DEPARTMENT 2021 ANNUAL REPORT
ASSISTANT CHIEF BETZ
Assistant Chief Sam Betz
has been with the Auburn
Police Department
since 2006. He started
as a Patrol Officer
and began working a
Narcotic Detection K9
in 2010. Sam became
a member of the Valley
SWAT team in 2011.
Sam then rotated to the
Investigations Division
in 2012 and worked as a
Special Investigations Detective while also working
as a K9 handler and a SWAT team member. Sam
has experience as a member of the Auburn Crime
Scene Team, President of the Auburn Police Officer’s
Association and as an executive board member for
both the Auburn Police Officer’s Guild during his
time as an Officer and Detective. Sam was promoted
to Sergeant in 2013 and worked in Patrol and Major
Crimes. As a Sergeant, Sam continued his time on
SWAT and was elevated to a Team Leader position
for the regional team. Sam also served on the
Sergeant’s Association executive board. Sam was
promoted to Commander in 2020 and served in
the Patrol Division and as the Inspectional Services
Commander. As a Commander, Sam was able to
oversee the development of Patrol, SWAT, School
Resource Officers, Bicycle Officers and the Traffic
Unit. As a Commander, Sam acted as the overall
Commander for Valley SWAT prior to his promotion to
Assistant Chief in December 2021. Sam is a graduate
of the Leadership Institute of South Puget Sound and
Leadership in Police Organizations. Sam has obtained
certifications as a Handgun Instructor, Less Lethal
Impact Munitions Instructor, De-Escalation Instructor,
Force Science and Active Shooter Instructor (NTOA).
Sam is a member of NTOA and IACP. Sam graduated
from Azusa Pacific University with a degree in Biblical
Studies and is currently working toward his Masters in
Organizational Leadership with Gonzaga University.
LESLIE COREY
KATHY DIVELBISS
KERRI SCRANTON
ADMINISTRATIVEASSISTANTS
Kerri Scranton started with the Police
Department in September 2019 and
Leslie Corey in October 2018. They
are responsible for providing direct
support to Chief Mark Caillier and
Assistant Chief Sam Betz, as well as
the department’s Command Staff.
They have a variety of duties that
span from payroll, purchasing training
and travel and all responsibilities
associated with administrative
assistance to the department.
Kathy Divelbiss began her career 20
plus years ago with the Auburn Police
Department and is the investigations
Administrative Assistant. She reports
to the Investigations Commander.
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AUBURN POLICE DEPARTMENT 2021 ANNUAL REPORT | 5
2 ADMINISTRATIVE
SECRETARIES
CRIME/STATISTICAL ANALYSIS
1 ANALYST
ORGANIZATIONAL CHART
CHIEF OF POLICE
Mark Caillier
INSPECTIONAL SERVICES
Grant/PIO - 1 Commander
ASSISTANT POLICE CHIEF
Sam Betz
2 ADMINISTRATIVE ASSISTANTS
PATROL COMMANDER
NORTH SECTOR
PATROL COMMANDER
SOUTH SECTOR
DAY SHIFT A
1 Sergeant | 8 Officers
DAY SHIFT B
1 Sergeant | 8 Officers
EARLY SWING SHIFT A
1 Sergeant | 3 Officers | 1 K9
EARLY SWING SHIFT B
1 Sergeant | 4 Officers
LATE SWING SHIFT A
1 Sergeant | 7 Officers
LATE SWING SHIFT B
1 Sergeant | 7 Officers
1 Supernumerary
GRAVEYARD SHIFT A
1 Sergeant | 8 Officers
1 Generalist K9 Officer
GRAVEYARD SHIFT B
1 Sergeant | 8 Officers
1 Generalist K-9 Officer
SCHOOL RESOURCE OFFICER3 Officers
COMMISSIONED STAFF | 119
1 CHIEF OF POLICE
1 ASSISTANT CHIEF
5 COMMANDERS
13 SERGEANTS
56 PATROL OFFICERS
21 DETECTIVES
5 TRAFFIC OFFICERS
11 ADMIN COMM PRGS.
5 SPECIAL OPERATIONS
1 SUPERNUMERARY
NON-COMMISSIONED STAFF | 21
1 RECORDS MANAGER
2 POLICE SERVICE SUPERVISORS
8 POLICE SERVICE SPECIALISTS
2 EVIDENCE/PROPERTY TECHNICIANS
2 PARKING ENFORCEMENT OFFICERS
3 ADMINISTRATIVE ASSISTANTS
2 ANIMAL CONTROL OFFICER
1 CRIME ANALYST
140 TOTAL PERSONNEL
JANUARY 1, 2021 | AUTHORIZED STAFF POSITIONS
MALL OFFICER 2 Officers
ADMINISTRATIVE SERVICES COMMANDER
ACCREDITATION/TRAINING1 Officer
CONTRACT POSITIONS1 MIT1 CJTC
TRAFFIC UNIT
1 Sergeant
5 Traffic Officers
2 Parking Officers
COMMUNITY SERVICES
1 Sergeant
4 CRT/4 Bikes
2 Animal Control
VOLUNTEER PROGRAM
RECORDS DIVISION
1 Records Manager
2 Supervisors
8 Specialists
INVESTIGATIONS
COMMANDER
1 Administrative
Assistant
MAJOR CRIMES
1 Sergeant
8 Detectives
PROPERTY CRIMES
1 Sergeant
6 Detectives
2 Evidence Techs
SPECIAL INVESTIGATIONS UNIT1 Sergeant | 5 Detectives
REGIONAL TASK FORCE
1 TNET
1 VNET
1 Patrol TF
CRIME/STATISTICAL
ANALYSIS
1 Analyst
PUBLIC INFORMATION OFFICER
Kolby Crossley
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6 | AUBURN POLICE DEPARTMENT 2021 ANNUAL REPORT
Commander Steve Stocker leads Inspectional Services. This
department is responsible for managing commendations
and allegations of misconduct. The Inspectional Services
Commander is also responsible for staff inspections and
serves as the Public Information Officer. The Inspectional
Services Commander reports directly to the Chief.
Commendations, Inquiries and Allegations of Misconduct
(CIA) investigations are designed to allow the agency to
look at our department from the eyes of our community
members. To meet these demands, we must be a
disciplined and well-regulated organization. The report
on the next page illustrates how well the Auburn Police
Department is perceived to be following our Vision
and Mission statements, as well as our stated Manual of
Standards.
In 2021, Auburn Police Officers responded to 72,944
Computer Aided Dispatch (CAD) incidents and completed
15,295 case reports. Officers made 2,990 arrests, with 1,320
of those arrestees being booked into the SCORE Jail, and
officers issued 8,110 infractions/citations. All of this activity
accounts for only a portion of the personal contacts with
our community members that are made by our police
officers throughout the year.
As outlined in the Auburn Police Department Manual
of Standards (MOS), the CIA system provides a uniform
means of reporting, investigating, and documenting
Commendations, Inquiries, Allegations of Misconduct and
Collision Reviews.
A Commendation is used to recognize actions or
performances by members of the police department who
act or perform in a manner that is outstanding or beyond
what is normally expected. The Commendation process
recognizes employees for Professionalism, Exemplary Job,
Exemplary Actions, Life Saving and Heroism.
During 2021, there were 224 commendations awarded to
a total of 99 employees.
The commendations included 7 Life Saving Medals
(awarded to 13 employees), 2 Letters of Commendation
(awarded to 18 employees), 2 Medals of Valor, 2 Medals of
Merit, and 1 Tactical Medal.
A Supervisory Inquiry involves a complaint made
regarding the quality of service delivery. These complaints
vary in degrees from regarding an employee’s demeanor,
tardiness, related to customer service, or the nature
of a department practice. The employee’s immediate
supervisor typically handles this type of complaint. At
times, the outcome of the inquiry will be forwarded to the
Inspectional Services office, but many times it is not. If an
employee has multiple service delivery complaints where
the conduct has been determined to be unacceptable
then the complaint may be handled and documented as
an Internal Investigation.
INSPECTIONAL SERVICES
INSPECTIONAL SERVICES
COMMANDER
STEVE STOCKER
Commander Stocker has
been with the Auburn
Police Department for 30
years promoting from patrol
officer to Sergeant and
then Commander. Steve is
also the Commander of the
Valley Hostage Negotiation
Team as a negotiator. Steve
has a BA in Criminal Justice
from the University of
Washington, has attended
the FBI National Academy
and the Leadership in Police
Organizations program.
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An Internal Investigation involves a complaint of a possible
violation of department standards, written directive, City
policy or applicable Civil Service Rules. These allegations
include, but are not limited to, complaints of bias based
profiling, excessive force, alleged corruption, insubordination,
breach of civil rights, false arrest, and other types of
allegations of serious misconduct. Below are the 2021
Investigations and Findings:
No. of Investigations 6
No. of Employees Investigated 7
Findings of Misconduct 5
A Collision Review is conducted whenever an Auburn Police
Department employee is involved in a collision while the
employee is the driver and on duty, or in a city-owned vehicle
while driven by a police department employee. Below are
the results of collision investigations:
No. of Collisions 17
Determined Preventable 8
The number of sustained allegations compared to the
number of contacts that employees make every year is
extremely low.
The Auburn Police Department works diligently to maintain
an open environment where our community members can
freely tell us when they are pleased or dissatisfied with our
performance. When we receive Commendations, Inquiries,
Allegations of Misconduct or an officer is involved in a
collision we thoroughly investigate the incident to determine
the merit and appropriate response.
Although there is always room for improvement, we believe
it can be concluded that we have been successful in fulfilling
our Mission and Vision statements and have been providing
the utmost in quality law enforcement service to our
community.
AUBURN POLICE DEPARTMENT 2021 ANNUAL REPORT | 7
PUBLIC INFORMATION OFFICER
In 2021, the Auburn
Police Department
thought it was
extremely important
to add a new position
at APD. This position
would act as a
single voice for the
Department and
would help with
media requests and
the managing of social
media pages.
After multiple interviews, we hired Kolby Crossley
a former reporter for the position. We felt it was
important to hire someone who had prior media
experience and knows exactly what the news is
looking for when pursuing a story.
Kolby takes photos, creates videos and ultimately
helps with engaging the Auburn Police
Department in the Auburn Community.
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8 | AUBURN POLICE DEPARTMENT 2021 ANNUAL REPORT
PATROL DIVISION
The Patrol Division is the Department’s largest division. In 2021, Commanders Betz and Adams led a staff of 8 Patrol
Sergeants, 1 Traffic Sergeant, 55 Patrol Officers, 5 Motor Officers, 3 K-9 Officers, 4 Bicycle Officers, 2 Mall Officers, 3 School
Resource Officers, 2 Animal Control Officers and 2 Parking Enforcement Officers.
The Division is primarily responsible for handling 911 calls for service, traffic enforcement, as well as pro-active crime
prevention in the City.
Commander Adams
began his career with
the Auburn Police
Department November
21, 2005. He has served
as a Detective, Defensive
Tactics Instructor and
Field Training Officer
during those 12 years.
He was promoted to
Sergeant in July of 2017,
becoming the first and
only minority to join
the supervision ranks of
the history of the police
department.
He was promoted to Commander on February 1, 2021 where he is currently assigned to the patrol division. He has been Commander for the Civil Disturbance Unit and Filed Training Officer Program. He is currently the Commander for Unit Hostage Negotiation Team and Defensive Tactics.
Commander Adams is a Co-chair for the Police Advisory
Committee and a member of the City of Auburn Diversity,
Equity and Inclusion team.
Commander Adams holds a Bachelor of Arts in Law, Society and Justice from the University of Washington where he was a member for the track team specializing in the 400 meters and 1600 meter relay.
Commander Byers started
his law enforcement
career in 1987 when he
became a Police Officer
for the City of Las Cruces,
NM. He transferred
to the Auburn Police
Department in November
1996. While working
in the Patrol Division,
Sergeant Byers became
a Field Training Officer
in 1998 and trained
several Officers for the
Department. Byers moved
to the Traffic Division as a motorcycle Officer and worked
in that capacity until early 2000. In 2000, Sergeant Byers
became a TAC Officer at the Washington Criminal Justice
Training Commission and remained there until 2003
when he returned to the Auburn Police Department
Traffic unit. Byers rotated back to the Patrol Division in
January 2014 and was promoted to the rank of Sergeant
in 2019. Todd has a Bachelor of Science in Criminal Justice
from New Mexico State University.
NORTH SECTOR COMMANDER
TODD BYERS
SOUTH SECTOR COMMANDER
CRISTIAN ADAMS
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AUBURN POLICE DEPARTMENT 2021 ANNUAL REPORT | 9
Patrol Sergeants supervise a shift of officers and are responsible for developing strategies to address on-going crime and
related concerns in their respective districts.
PATROL SERGEANTS
BRIAN ANDERSON
DAY SHIFT A | 8 OFFICERS
Sergeant Brian Anderson has been with the Auburn Police Department since July of 2007.
As a Patrol Officer he was a member of the Crime Scene Response Team, Auburn Police
Firearms Staff and the Valley SWAT Team. In 2015 he was assigned as a member of the CRT
unit in admin services, after that three year assignment he spent a short time back in the
patrol division as a temporary Sgt and then was selected for a Detective Division assigned
to the property Crimes unit. Brian was promoted to Sergeant in May of 2021 and assigned
to the Patrol Division.
DAVID LIND
EARLY SWING SHIFT A | 3 OFFICERS, 1 K9 OFFICER
Sergeant Lind began his career with the Auburn Police Department on July 14th, 2007. He
has served the residence of Auburn as a Patrol Officer, Property Crimes Detective, Major
Crimes Detective, Explorer Advisor and Peer Support Officer. Additionally, from January
2013 through October 2020, Sergeant Lind was assigned to the Valley SWAT Team as an
Entry Team Member and Explosive Breacher. Sergeant Lind eventually took on the role of
Assistant Team Leader for Valley SWAT until his promotion to Sergeant on October 1st, 2020.
Outside of work, Sergeant Lind is passionate about fitness and spending time with his wife
and two children.
BRANDON SKEEN
LATE SWING SHIFT A | 7 OFFICERS
Sergeant Skeen has been with the Auburn Police Department since 2008. Before joining
the department, he was active duty Army for 4.5 years as a combat medic, and completed
one deployment to Iraq in 2007. Brandon has been a member of the civil disturbance unit,
a field training officer, Auburn Police Guild Executive Board member, master police officer,
and member of the Valley Regional SWAT Team. In August 2020, Brandon was promoted
to the rank of sergeant with the Auburn PD. Brandon holds a Bachelor’s degree in Criminal
Justice from Southern New Hampshire University.
JOSH MATT
GRAVE SHIFT A | 8 OFFICERS, 1 K9 OFFICER
Sergeant Josh Matt started his career as a patrol officer with the Auburn Police Department
in March of 2007. While in patrol he was part of the Crime Scene Response Team, Valley
Civil Disturbance Unit, and was a Field Training Officer. In 2013 Sergeant Matt was assigned
to the property crimes unit as a detective specializing in burglary and arson investigations.
In 2015 he moved to the major crimes unit and became a part of the Valley Investigations
Team. In 2017 Josh was assigned to investigate cold-case homicides and long-term
missing persons cases. Sergeant Matt was selected to receive training to be a certified
fitness instructor and provides support to officers in fitness and nutrition. Sergeant Matt
holds a bachelor’s degree in Sociology from the University of Washington. Josh has been a
life-long Auburn resident and is proud to raise his family in the community.
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10 | AUBURN POLICE DEPARTMENT 2021 ANNUAL REPORT
PATROL SERGEANTS
CHRIS BURGER
DAY SHIFT B | 8 OFFICERS
Sergeant Burger was hired by the Auburn Police Department on 07/30/2007. Sergeant
Burger has served as a Patrol Officer, Field Training Officer, Defensive Tactics Instructor,
Emergency Vehicle Operations Instructor, Taser Instructor, Explorer Advisor, Crime Scene
Response Team member, and a Major Crimes Detective. Sergeant Burger was promoted on
February 1st, 2020 and is assigned to Day Shift Side B.
JAMES FRITH
EARLY SWING SHIFT B | 4 OFFICERSSergeant Frith has been with the Auburn Police Department since 1997. Before joining the department, he served in the United States Army. In addition to working patrol, James was a member of the Honor Guard, the Civil Disturbance Unit and the Valley SWAT Team. He also served as a Narcotics Detective with the Special Investigations Unit and as a Field Training Officer. Sergeant Frith was promoted in 2010 and has been assigned to Patrol, Property Crimes, and Major Crimes. James is also a Defensive Tactics Instructor and an Emergency Vehicle Operations Instructor. Sergeant Frith holds a Bachelor’s Degree from Central Washington University. He completed the IACP Leadership in Police Organizations course, and is a graduate of the Northwestern University School of Police Staff and Command class #422. Sgt. Frith is ABLE trained (Active Bystander for Law Enforcement).
CHRIS BOLDMAN
LATE SWING SHIFT B | 7 OFFICERS
Sergeant Boldman has been with the Auburn Police Department since 2012. Before joining
the department, he received his Bachelor of Arts Degree in Psychology from Seattle Pacific
University. Sergeant Boldman has previously served as a Field Training Officer and an
executive member of the Auburn Police Officers Guild. He has also served as a detective
assigned to property crimes and the Puget Sound Auto Theft Task Force.
TYSON LUCE
GRAVE SHIFT B | 8 OFFICERS, 1 K9 OFFICER
Sergeant Luce has been with the Auburn Police Department since 2013. As a Patrol Officer
he was a member of the Crime Scene Response Team, Crime Scene Photographer, Vice
President of the Auburn Police Officer’s Association, and Auburn Police Guild Executive
Board. In 2017, he was assigned to the Traffic Unit as a Motorcycle Officer. Tyson is a Collision
Reconstructionist, Traffic Investigator, Emergency Vehicle Operations Course (EVOC)
Instructor, Pursuit Immobilization Technique (PIT) Instructor, and a member of the Auburn
Police Sergeant’s Association Executive Board. Tyson was promoted to Sergeant in 2021 and
assigned to the Patrol Division.
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AUBURN POLICE DEPARTMENT 2021 ANNUAL REPORT | 11
TRAFFIC UNIT
The primary responsibility of the traffic officers is traffic enforcement and collision investigations. Advanced expertise
includes Technical Collision Investigation, Collision Reconstruction, and Drug Recognition Enforcement. Patrol’s Traffic
Division investigated 1,381 traffic collisions in 2021.
TRAFFIC SERGEANT
JAMES NORDENGER
Sergeant Nordenger began his law enforcement career in 1993 in the City of Newport,
Washington. He transferred to the Auburn Police Department in 1999 and has held
many positions within the department. James was promoted to Sergeant in 2006. He
holds a degree in Criminal Justice and is a graduate of the Leadership Institute of Puget
Sound and Northwestern Command College.
Parking Control Officers Ron Reardon and
Suzette Conner. Their primary responsibility is to
enforce the parking ordinances of Auburn and
respond to abandoned vehicle complaints. In
2021, the Auburn Police Department wrote 3,013
parking tickets in the City of Auburn.
Traffic Unit Officers include James Nordenger,
Derek Anderson, Tyson Luce and Patrick Douglas.
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Our Bike Unit consists of Officers Sedillo, DeRoche, Kapule, and Pakney
RESPONSE TIMES
RESPONSE TIMES (IN MINUTES)
12 | AUBURN POLICE DEPARTMENT 2021 ANNUAL REPORT
Definition of Response Times Priority ratings
PRI 1 = Highest priority, confirmed hazard which could result in extensive loss of life or property
PRI 2 = Minimal hazard with considerably less potential for loss of life or property
PRI 3 = Low hazard, non-life threatening
PRI 4 = Police reports or cold calls
2017 2018 2019 2020 2021 5 yr avg
Pri 1 4.00 4.33 4.39 4.48 4.06 4.25
Pri 2 12.08 12.20 12.46 11.63 12.10 12.09
Pri 3 18.12 18.66 18.03 16.95 18.54 18.06
Pri 4 34.75 31.93 32.53 29.44 30.26 31.78
0.00
5.00
10.00
15.00
20.00
25.00
30.00
35.00
40.00
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Computer Aided Dispatch (CAD) calls for service have decreased over the past 5 years.
Auburn police received 73,998 calls in 2021.
CALLS FOR SERVICE
CALLS FOR SERVICE
AUBURN POLICE DEPARTMENT 2021 ANNUAL REPORT | 13
97,843 96,884
86,062
73,998 72,944
85,546
0
20,000
40,000
60,000
80,000
100,000
120,000
2017 2018 2019 2020 2021 5 yr avg
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14 | AUBURN POLICE DEPARTMENT 2021 ANNUAL REPORT
Larceny accounted for the largest number of reported property crimes in 2021.
Larceny is defined as theft, which includes crimes like theft from vehicle, shoplifting,
a bicycle being stolen, etc. Vehicle theft continues to be a hot topic for every agency,
the prosecutor’s office, and the legislature.
Reported violent crimes in 2021.
2021 CRIME STATISTICS
PERSON CRIMES
PROPERTY CRIMES
2017 2018 2019 2020 2021 5 yr avg
Homicide 3 1 5 7 5 4.2
Robbery 117 122 125 125 136 125.0
Forcible Rape 53 50 47 32 47 45.8
Aggravated Assault 199 198 221 208 184 202.0
0
50
100
150
200
250
2017 2018 2019 2020 2021 5 yr avg
Burglary 722 615 547 587 611 616
Fraud/Forgery 514 504 485 794 341 528
Vehicle Theft 692 637 580 697 902 702
Larceny 2,880 2,818 2,760 2,922 3,269 2,930
0
500
1000
1500
2000
2500
3000
3500
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AUBURN POLICE DEPARTMENT 2021 ANNUAL REPORT | 15
TOTAL ARRESTED PERSONS
2017 2018 2019 2020 2021 5 yr avg
Arrests 5,115 5,092 4,606 3,629 2,990 4,286
Bookings 3,002 3,218 2,893 1,652 1,320 2,417
0
1,000
2,000
3,000
4,000
5,000
6,000
Arrests Bookings
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16 | AUBURN POLICE DEPARTMENT 2021 ANNUAL REPORT
INVESTIGATIONS
COMMANDER
DAVE COLGLAZIER
Commander Dave Colglazier
has over 29 years of law
enforcement experience.
Along with his duties as the
Investigations Commander,
he is the Commander
over Drones, VIIT, and Peer
Support. Dave has a BA
in Psychology from the
University of Washington. He
has attended the Leadership
Institute of South Puget
Sound and the Leadership in
Police Organization program.
PROPERTY CRIMES SERGEANTANDY CLAPPSergeant Andrew Clapp graduated from Seattle University with a Bachelor of Arts degree in Humanities and a Bachelor of Arts in Criminal Justice. Andrew began his career in Law Enforcement in 1996 when he was hired by the Auburn Police Department as a Police Service Specialist. Sergeant Clapp became a commissioned Auburn Police Officer in 2000. Andrew joined the Crime Scene Team in 2007 specializing in photographing major crime scenes. The same year Andrew became a Field Training Officer. In 2010 he became a member of the Emergency Vehicle Operations Course (EVOC) staff as an instructor of both driving and Pursuit Immobilization Technique (PIT). He is also part of the Peer Support Team.
MAJOR CRIMES SERGEANT
SHAUN FEEROSergeant Shaun Feero has been with the Auburn Police Department since 2007. Sergeant Feero graduated from American Military University with a Master of Arts degree in Criminal Justice and additionally received a Graduate Certificate in Executive Law Enforcement Leadership at AMU after attaining undergraduate degrees from Portland State University and the Community College of the Air Force. Sergeant Feero spent time on the Crime Scene Team, is part of the Auburn Police Sergeants Association Executive Board, Valley SWAT Team, Valley Civil Disturbance Unit, Field Training Officer, Firearms Instructor, Bicycle Unit, and was recognized as a Master Police Officer (MPO) in 2016. He is currently part of the APD Honor Guard. Sergeant Feero is Auburn PD’s Military Liaison, providing resources to veterans and keeping the APD administration appraised of current reserve and guard commitments. Sergeant Feero is also a Senior Master Sergeant serving in the Air Force Reserve as an Operations Superintendant in the 446th Security Forces Squadron at Joint Base Lewis-McChord.
SIU SERGEANTJAMES HOPPERAfter graduating from North Thurston High School, Sergeant James Hopper served in the United States Army for five years as an intelligence analyst and Arabic linguist. After military service, he earned a BS degree from Regents College (Albany, NY). He attended graduate school at Loyola College, Baltimore, MD, earning an M.Ed. in School Counseling. He worked in public schools for 10 years, and began his police career in 2008. Since that time, James has been a bicycle officer, field training officer, property crimes detective, and master police officer. He has been an active member of the Valley Civil Disturbance Unit, participating in annual trainings and crowd control events, such as Seattle’s May Day protests. James was promoted to the rank of Sergeant in June 2016.
6 DETECTIVES
1 TASK FORCE DETECTIVE
PROPERTY CRIMES
1 SERGEANT
INVESTIGATIONS COMMANDER
MAJOR CRIMES
1 SERGEANT
8 DETECTIVES
1 SIU SERGEANT
5 DETECTIVES
2 TASK FORCE DETECTIVES
1 INVESTIGATIONS SECRETARY
INVESTIGATIONS DIVISION
2 EVIDENCE TECHNICIANS
1 CRIME ANALYST
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AUBURN POLICE DEPARTMENT 2021 ANNUAL REPORT | 17
The Investigations Division remained
very busy in 2021. All felony cases
are assigned to a detective for review
whether or not there is actual suspect
information.
ALL FELONY INVESTIGATIONS CASES ASSIGNED
2017 2018 2019 2020 2021 5 yr avg
Total Cases Assigned To Investigations 4,471 4,402 4,197 4,713 4,720 4,501
3,900
4,000
4,100
4,200
4,300
4,400
4,500
4,600
4,700
4,800
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18 | AUBURN POLICE DEPARTMENT 2021 ANNUAL REPORT
The Property Crimes Unit investigates the crimes of auto theft, felony theft, burglary, fraud, and forgery.
PROPERTY CRIMES UNIT
The Special Investigations Unit is responsible for investigating drug and vice complaints as well as directed
enforcement for specific problems.
SPECIAL INVESTIGATIONS UNIT
MAJOR CRIMES, PROPERTY CRIMES, AND SIU
2017 2018 2019 2020 2021 5 yr avg
Major Crimes 1,282 1,279 1,292 1,258 1,222 1,267
Property Crimes 2,793 2,628 2,575 3,215 2,092 2,661
SIU 396 495 330 240 1,406 573
0
500
1,000
1,500
2,000
2,500
3,000
3,500
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AUBURN POLICE DEPARTMENT 2021 ANNUAL REPORT | 19
EVIDENCE TECHNICIANLISA DAVIESEVIDENCE TECHNICIANBETH BERGEON
The evidence room is staffed by evidence technicians Lisa Davies and Beth Bergeon who are responsible for the proper
storage, disposal, and destruction of all the evidence and property taken into custody by the Auburn Police Department.
The evidence technicians received 6,011 items in 2021 and destroyed approximately 4,449 items.
EVIDENCE ROOM
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20 | AUBURN POLICE DEPARTMENT 2021 ANNUAL REPORT
ADMINISTRATIVE SERVICES
COMMANDER
ACCREDITATION/TRAINING
1 OFFICER
RECORDS DIVISION
2 SUPERVISORS
8 SPECIALISTS
VOLUNTEER
PROGRAM
TRAFFIC UNIT1 SERGEANT5 TRAFFIC OFFICERS2 PARKING OFFICERS
ADMINISTRATIVE SERVICES
ADMINISTRATIVE SERVICES COMMANDER
MIKE HIRMAN
Commander Mike Hirman came to the Auburn Police
Department in 1992 after serving as a Special Agent with
the US Army CID Command. Mike was a patrol officer and
a detective until 1997 when he was promoted to Sergeant.
He was assigned to patrol and then as the Major Crimes
Sergeant until 1999 when he was promoted to the rank of
Commander. Since 1999, Mike served as Commander of
the following divisions: Patrol, Investigations, Administrative
Services, Inspectional Services, and as the Jail Commander.
Throughout these assignments, Mike assumed roles as
SWAT Commander, Emergency Vehicle Operations Course
Coordinator, overall Valley Independent Investigations Team
Commander, and department Emergency Management
Commander, among others. In late 2021, after a department
restructure, in addition to his Administrative Services duties,
Mike also assumed the Records Division, Bicycle Unit, Animal
Control, Parking and the Traffic Unit.
Mike earned his Master’s degree in Administrative Leadership
from the University of Oklahoma and a Bachelor’s degree
in Criminal Justice and Business Management from
Metropolitan State University of Denver. He is a graduate of
the 235th session of the FBI National Academy. Throughout
his tenure, Mike has served on several local boards, is actively
involved in the Washington State Special Olympics. He also
enjoys sailing and is an avid runner.
COMMUNITY PROGRAMS SERGEANT
TYLER CHRISTIAN
Tyler Christian was hired by the Auburn Police Department
in June, 2002 and currently holds the rank of Sergeant.
Sgt Christian is currently assigned to our Training /
Administrative Services division. He currently overseas
our training program for all commissioned and non-
commissioned staff alike and manages the administrative
duties necessitated by law, accreditation standards and
record keeping. He is also the department’s lead firearms
instructor and Range Master. Tyler’s other assignments
have included Patrol, Civil Disturbance Team, SWAT, Special
Investigations Unit, Firearms Instructor and department
armorer. He holds numerous instructor certifications
from firearms to martial arts and has been able to share
his knowledge and expertise in certain aspects of law
enforcement on both a regional and national stage. He
has completed numerous leadership schools to include
Northwestern University Staff and Command College, South
Puget Sound Leadership Institute, Leadership in Police
Organizations, SWAT Team Leader and he holds a BA in
Criminal Justice Administration from Columbia Southern
University.
CONTRACT POSITIONS
1 MIT
1 CJTC
COMMUNITY SERVICES 1 SERGEANT4 CRT / 4 BIKES2 ANIMAL CONTROL
Page 99 of 123
AUBURN POLICE DEPARTMENT 2021 ANNUAL REPORT | 21
The Auburn Police Volunteer Program remained very vibrant and supportive in 2021. 25 volunteers contributed 586.5
hours throughout the year supporting numerous community program events, as well as many of the above listed
Citizens on Patrol missions. The Citizens on Patrol (COP) division of the volunteer program drove 814 miles in 2021.
Along with the Citizens on Patrol division, we also have volunteers who help with events and fingerprinting.
Volunteers also assist the department with projects of many different levels. We are actively seeking new
volunteers. For more information on volunteering with the Auburn Police Department, visit
auburnwa.gov/police.
TRAINING ACCREDITATION
VOLUNTEER PROGRAM
TRAINING ACCREDITATION OFFICER
DOUG KOCH
Officer Koch began his law enforcement career with the Auburn Police Department in
1989 and has over 31 years of law enforcement experience. Officer Koch has served as a
Patrol Officer, Field Training Officer, Firearms Instructor and Armorer. He holds a Bachelor’s
Degree in Criminal Justice from Washington State University. In his current assignment
as the Community Services Officer and Accreditations Manager he maintains the
accreditations files with WASPC, oversees the police volunteer program, attends career
and recruitment fairs, assists with the Citizen’s Academy and organizes police department
events held outside of the department.
Page 100 of 123
22 | AUBURN POLICE DEPARTMENT 2021 ANNUAL REPORT
Training by the different divisions in 2021 was comprehensive. All commissioned staff are tasked to achieve a minimum
of 30 training hours per year. Non-commissioned staff receive a minimum of 20 hours per year. The patrol hours also
include training provided to new recruits at the State Basic Law Enforcement Academy and post academy training.
The Department demonstrated its commitment to maintaining a high level of competence and professionalism to
serve the Auburn Community.
TRAINING HOURS
TOTAL TRAINING HOURS
2017 2018 2019 2020 2021
Hours 15,241 14,294 18,706 20,390 12,680
0
5,000
10,000
15,000
20,000
25,000
Page 101 of 123
AUBURN POLICE DEPARTMENT 2021 ANNUAL REPORT | 23
CRT
The Community Response Team is a significant
resource within the police department to problem
solve issues that arise within the city. Problem
solving and reducing crime is addressed through
tracking all rental properties throughout the city and
taking an active role in enforcing the Multi-housing
ordinance. CRT Officers review police activity
through reports and crime analysis to identify on-
going difficulties and coordinate efforts utilizing all
city, county and state resources. CRT Officers make
every effort to initiate contacts in the city through
community meetings and Blockwatch efforts.
CRT Officers perform a slightly different role from
officers in the Patrol Division, as they are able to be
more pro-active in their duties. They are, however,
in uniforms and assigned patrol vehicles. CRT
Officers are visible in the community and take an
enforcement role to address problems that are
identified and will work with the Patrol Division in a
collaborative effort.
CRT OFFICER
STEPHANIE BENNETT
CRT OFFICER
APRIL STEINMAN
CRT OFFICERCHRIS MAST CRT OFFICERAARON WILLIAMS
Page 102 of 123
24 | AUBURN POLICE DEPARTMENT 2021 ANNUAL REPORT
The Records Division consists of a commander, 2 supervisors, and 8 specialists. The Records Division processed over
15,299 police reports in 2021 and is responsible for records retention along with providing statistical data for the
National Incident-Based Reporting System (NIBRS). In addition, they process warrants and court mandated orders. They
administered 1,520 concealed pistol licenses, 5,080 firearm transfers, and 22 dealer licenses.
RECORDS SUPERVISOR
HEATHER WALBURN
RECORDS SUPERVISOR
TRACY CARTER
RECORDS DIVISION
Page 103 of 123
AUBURN POLICE DEPARTMENT 2021 ANNUAL REPORT | 25
In addition to the 15,299 case reports, the Records Division processed thousands of citations, infractions, arrest warrants
and protections orders.
Gathering information for Public record requests has become a large part of the Records Division duties.
PUBLIC RECORDS REQUESTS
PROCESSED REQUESTS
RECORDS PROCESSED
2017 2018 2019 2020 2021 5 yr avg
Traffic Infractions 5,074 5,473 4,372 3,421 3,411 4,350
0
1,000
2,000
3,000
4,000
5,000
6,000
2016 2017 2018 2019 2020 2021
Hours Spent 1300 1179 1077 2140 725 920
Number of Requests 4035 4345 4120 4137 3,784 4,737
0
500
1000
1500
2000
2500
3000
3500
4000
4500
5000
Page 104 of 123
26 | AUBURN POLICE DEPARTMENT 2021 ANNUAL REPORT
The Auburn Police Department supported the City and greater law
enforcement community with a variety of well trained and equipped
specialty units. They include, but are not limited to, the following:
• SWAT team
• Crime Scene Response Team
• Bicycle Unit
• Crisis Communications Unit (CCU – Hostage Negotiator)
• Civil Disturbance Unit (CDU – Riot Control)
• Honor Guard
• K-9 Officers
• VIT - Valley Investigations Team (Officer Involved Incident)
SWAT TEAM
The SWAT team trains three times a month and completes a team
training week every year. The team was called out to execute
45 actual missions during 2021. Auburn is part of Valley SWAT,
comprised of the cities of Auburn, Kent, Renton, Tukwila, Federal Way,
Des Moines, and the Port of Seattle.
SPECIALTY UNITS
Page 105 of 123
AUBURN POLICE DEPARTMENT 2021 ANNUAL REPORT | 27
The Auburn Police Department is part of the Valley Civil Disturbance
Unit (VCDU). Auburn partners with the other valley agencies;
Federal Way, Renton, Kent, Tukwila and the Port of Seattle. As a
team we provide a well trained and equipped civil disturbance/civil
disobedience response for South King County. The Auburn CDU
responded to demonstrations in Seattle, Tukwila, Bellevue, Federal
Way and in Auburn. During the two Auburn demonstrations there
was no property damage, no injuries and no arrests made.
The Auburn Police Honor Guard
performs in numerous community
events such as :
• Auburn Days Parade
• Veterans Day Parade
• Officer’s Funerals
The Auburn Police
Department has
three K-9 Units.
All are generalists
(tracking dogs).
HONOR GUARD
K-9 UNITS
CIVIL DISTURBANCE UNIT (CDU)
Page 106 of 123
28 | AUBURN POLICE DEPARTMENT 2021 ANNUAL REPORT
Animal services in the City of Auburn are provided by the Auburn Police
Department’s Animal Control officers. If you are experiencing a life-threatening
animal-related emergency, call 911. For non-emergency animal control service,
please call 253-931-3062 or the non-emergency police line at 253-288-2121. The
Animal Control Officers respond to the following requests:
• Vicious animal complaints
• Animal complaints/bites
• Disruptive animals
• Injured wildlife
• Injured animal rescues
• Dead-on-arrival livestock/cats/dogs
• Police department calls for assistance
• Loose livestock on roadways
• Aggressive or sick animal pickup
• Animal cruelty investigations
• Wildlife in the living area of a home
The Auburn Police Department continues a positive
relationship with the Muckleshoot Indian Tribe with
its law enforcement partnership. The department has
an officer assigned full time as the Muckleshoot Indian
Tribe Officer who acts as a liaison between the Auburn
Police, the Tribe and the King County Sheriff’s Office
Muckleshoot Detachment.
Officer Andy Gould has been the department’s MIT liaison
officer since September 9, 2018.
Officer Gould is primarily responsible for incidents
involving tribal members inside the city limits, but also
assists the King County Deputies outside the city limits with Muckleshoot related
matters. Some of his daily responsibilities include working with the King County
Deputies on joint projects, as well as interacting with the Muckleshoot Tribal
Council, Child and Family Services, Elder Services, Security, Code Enforcement, and
Housing. Officer Gould’s office is located in the Muckleshoot Community building
at Auburn Way S and Fir St SE.
ANIMAL CONTROL
MUCKLESHOOT OFFICER
MIT OFFICERANDY GOULD
ANIMAL CONTROL OFFICER
RAY PECKHAM
ANIMAL CONTROL OFFICER
SARAH CATTANEO
TOTALS FOR 2021
Calls ....................................1,506
Calls include impounds, self-initiated contacts, citations & infractions, and warnings.
Page 107 of 123
AUBURN POLICE DEPARTMENT 2021 ANNUAL REPORT | 29
FALSE ALARMS
Scarce resources combined with an increased demand for services make responding to false alarms an extreme burden
for public safety agencies. Non-critical calls for service, such as false alarms, decrease the amount of time officers spend
responding to true emergencies and reduce the number of staff available for crime prevention. Without effectively
managing false alarms, the number of false alarms continues to increase every year. With the comprehensive false alarm
ordinance in place by the City of Auburn, our officers are freed to spend more time proactively patrolling their districts.
FALSE ALARMS
2017 2018 2019 2020 2021
False Alarms 1,278 1,152 1,054 778 871
0
200
400
600
800
1,000
1,200
1,400
Page 108 of 123
30 | AUBURN POLICE DEPARTMENT 2021 ANNUAL REPORT
HAIL AND FAREWELL
MIKE SMITH PAUL ROELLER JULIE JACOBO
JORDAN ZUEGERKYLE GRUBER JAMIE DUBOIS
THE FOLLOWING PERSONNEL JOINED THE AUBURN POLICE DEPARTMENT IN 2021
THE FOLLOWING PERSONNEL RETIRED FROM THE AUBURN POLICE DEPARTMENT IN 2021
JON (JT) THORNTON JOE VOJIR STEVE STOCKER
Page 109 of 123
AUBURN POLICE DEPARTMENT 2021 ANNUAL REPORT | 31Page 110 of 123
AUBURN POLICE DEPARTMENT
340 EAST MAIN STREET, SUITE 201, AUBURN, WA 98002
The Auburn Police Department is
actively looking for volunteers. If you are
interested in being a part of our volunteer
program please visit our website at
www.auburnwa.gov/police
THE AUBURN POLICE
DEPARTMENT IS A
STATE ACCREDITED AGENCY
POLICE RECORDS
MANAGER
2 Supervisors
8 Specialists
2 Evidence Technicians
OUR VISION
To be a premier law
enforcement agency
that is trusted,
supported and
respected.
OUR MISSION
To provide professional
law enforcement
services to our
community.
CORE VALUES -
CHIP
COURAGE
Bravely standing up to
danger and adversity
HONOR
Serving a noble
purpose, we hold this
profession in high
esteem
INTEGRITY
Our decisions and
actions are based on
trust and honesty
PROFESSIONALISM
Our sense of duty to
conduct ourselves
to the highest level
of competence and
character
Page 111 of 123
AGENDA BILL APPROVAL FORM
Agenda Subject:
Ordinance No. 6866 (Caillier/Comeau) (5 Minutes)
Date:
May 18, 2022
Department:
Police
Attachments:
Ordinance No. 6866
Exhibit A, Ordinance No. 6866
Exhibit B, Ordinance No. 6866
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrative Recommendation:
For discussion only.
Background for Motion:
Background Summary:
Ordinance No. 6866 amends ACC 9.26.900 and ACC 9.42.900 related to domestic violence
enforcement in the City. These amendments are required to conform to recent state law
changes in ESSHB 1320, which moved several current RCW’s related to domestic violence
to newly created RCW chapter 7.105. Ordinance No. 6866 updates current City Code to
make the correct references to the new RCW chapter, which takes effect on July 1st, 2022.
Staff recommends the adoption of this ordinance.
Reviewed by Council Committees:
Councilmember:Jeyaraj Staff:Caillier/Comeau
Meeting Date:May 23, 2022 Item Number:
Page 112 of 123
--------------------------------
Ordinance No. 6866
May 18, 2022
Page 1 of 2 Rev. 2019
ORDINANCE NO. 6866
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AMENDING SECTIONS OF THE
AUBURN CITY CODE TO CONFORM TO RCW CHANGES
RESULTING FROM ESSHB 1320
WHEREAS, Auburn City Code (ACC) sections 9.26.900 and 9.42.900 adopt by
reference several sections of RCW 10.14 and RCW 26.50 pertaining to domestic violence
and harassment enforcement;
WHEREAS, on May 10, 2021, the State Legislature passed ESSHB 1320, which
moves the RCW sections adopted by ACC 9.26.900 and 9.42.900 from RCW chapters
10.14 and 26.50 to RCW 7.105, a newly created RCW chapter. This State law change
takes effect on and after July 1, 2022;
WHEREAS, revising ACC 9.26.900 and 9.42.900 is necessary to update these
adopted RCW references to conform with the RCW changes resulting from the passage
of ESSHB 1320.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows:
Section 1. Amendment to City Code. Section 9.26.900 of the Auburn City
Code is amended to read as set forth in Exhibit A to this Ordinance.
Section 2. Amendment to City Code. Section 9.42.900 of the Auburn City
Code is amended to read as set forth in Exhibit B to this Ordinance.
Section 3. Implementation. The Mayor is authorized to implement those
administrative procedures necessary to carry out the directives of this legislation.
Page 113 of 123
--------------------------------
Ordinance No. 6866
May 18, 2022
Page 2 of 2 Rev. 2019
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. Upon its passage, approval, and publication as
provided by law, and to coincide with the effective date in ESSHB 1320, this Ordinance
will take effect and be in force on and after July 1, 2022.
INTRODUCED: _______________
PASSED: ____________________
APPROVED: _________________
____________________________
NANCY BACKUS, MAYOR
ATTEST:
____________________________
Shawn Campbell, MMC, City Clerk
APPROVED AS TO FORM:
____________________________
Kendra Comeau, City Attorney
Published: ____________________
Page 114 of 123
EXHIBIT A—ORDINANCE NO. 6866
ACC 9.26.900 Statutes incorporated by reference.
The following statutes are incorporated in this chapter by reference, as now enacted or
hereafter amended:
RCW
RCW 9A.36.150 Interfering with the reporting of domestic violence
RCW 9A.42.080 Abandonment of a dependent person in the third degree
RCW 10.99.010 Purpose—I and intent
RCW 10.99.020 Definitions
RCW 10.99.040 Restrictions upon and dDuties of court—No-contact order
RCW 10.99.045 Appearances by defendant—Defendant’s history— – No-
contact order
RCW 10.99.080 Domestic violence) pPenalty assessments
RCW 26.09.300 Restraining orders—Notice—Refusal to comply—Arrest—
Penalty—Defense—Peace officers, immunity
RCW 7.105 All sections within RCW Chapter 7.105
26.50.010 Definitions
26.50.020 Commencement of action – Jurisdiction – Venue
26.50.030 Petition for order for protection – Availability of forms and
instructional brochures – Filing fee, when required –
Bond not required
26.50.040 Application for leave to proceed in forma pauperis
26.50.050 Hearing – Service – Time
26.50.060 Relief – Realignment of designation of parties
26.50.070 Ex parte temporary order for protection
26.50.080 Issuance of order – Assistance of peace officer –
Designation of appropriate law enforcement agency
26.50.090 Order – Service – Fees
26.50.110 Violation of order – Penalties
26.50.130 Order – Modification – Transmittal
26.50.140 Peace officers – Immunity
26.50.200 Title to real estate – Effect
26.50.210 Proceedings additional
Page 115 of 123
EXHIBIT B—ORDINANCE NO. 6866
ACC 9.42.900 Statutes incorporated by reference.
The following statutes are incorporated in this chapter by reference, as now enacted or
hereafter amended:
RCW
RCW 9.61.240 Telephone harassment – Permitting telephone to be used
RCW 9.61.250 Telephone harassment – Offense, where deemed committed
RCW 9A.46.030 Place where committed
RCW 9A.46.040 Court-ordered requirements upon person charged with crime –
Violation
RCW 9A.46.050 Arraignment – No-contact order
RCW 9A.46.060 Crimes included in harassment
RCW 9A.46.080 Order restricting contact – Violation
RCW 9A.46.090 Nonliability of peace officer
RCW 9A.46.100 “Convicted,” time when
RCW 9A.46.110(6) Stalking [Definitions]
RCW 7.105.455 Enforcement and penalties—Antiharassment protection orders
10.14.170 Criminal penalty [Harassment]
Page 116 of 123
AGENDA BILL APPROVAL FORM
Agenda Subject:
Ordinance No. 6867 (Caillier/Comeau) (5 Minutes)
Date:
May 18, 2022
Department:
Police
Attachments:
Ordinance No. 6867
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrative Recommendation:
For discussion only.
Background for Motion:
Background Summary:
Ordinance No. 6867 repeals ACC section 9.34.030 which regulates discharging firearms in
the City. Similarly, RCW 9.41.230 regulates discharging firearms throughout the State. ACC
9.34.900 has already adopted RCW 9.41.230 by reference. The 2022 State Supreme Court
ruling in Bass v. City of Edmonds declared the State fully occupies and preempts the field of
firearms regulation. This decision establishes that ACC 9.34.030 is preempted by State
RCW and staff recommends the adoption of this ordinance.
Reviewed by Council Committees:
Councilmember:Jeyaraj Staff:Caillier/Comeau
Meeting Date:May 23, 2022 Item Number:
Page 117 of 123
- - - - - - - - - - - - - - - - - - - - - -
Ordinance No. 6867
May 18, 2022
Page 1
ORDINANCE NO. 6867
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, REPEALING SECTION 9.34.030
OF THE AUBURN CITY CODE, RELATED TO DISCHARGING
FIREARMS WITHIN THE CITY
WHEREAS, Auburn City Code (ACC) section 9.34.030 regulates discharging
firearms in the City. RCW 9.41.230 similarly regulates discharging firearms throughout
the State. The City has adopted RCW 9.41.230 by reference in ACC 9.34.900;
WHEREAS, RCW 9.41.290 provides that the State fully occupies and preempts
the field of firearms regulation;
WHEREAS, in Bass v. City of Edmonds (No. 99596-6, Wash. April 21, 2022), the
Washington Supreme Court invalidated an Edmonds firearms ordinance that conflicted
with State firearms law. The Court ruled that RCW 9.41.290 preempted the Edmonds
ordinance;
WHEREAS, the Bass decision establishes that ACC 9.34.030 is similarly
preempted by State law and should be repealed.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows:
Section 1. Repeal of City Code Section. Section 9.34.030 of the Auburn City
Code is hereby repealed.
Section 2. Implementation. The Mayor is hereby authorized to implement such
administrative procedures as may be necessary to carry out the directions 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,
Page 118 of 123
- - - - - - - - - - - - - - - - - - - - - -
Ordinance No. 6867
May 18, 2022
Page 2
section or portion of this ordinance, or the invalidity of the application thereof to any
person or circumstance shall not affect the validity of the remainder of this ordinance, or
the validity of its application to other persons or circumstances.
Section 4. Effective Date. This Ordinance shall 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:
______________________________
Shawn Campbell, City Clerk
APPROVED AS TO FORM:
______________________________
Kendra Comeau, City Attorney
PUBLISHED: ___________________
Page 119 of 123
AGENDA BILL APPROVAL FORM
Agenda Subject:
Ordinance No. 6869 (Caillier/Comeau) (5 Minutes)
Date:
May 18, 2022
Department:
Police
Attachments:
Ordinance No. 6869
Exhibit A, Ordinance No. 6869
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrative Recommendation:
For discussion only.
Background for Motion:
Background Summary:
Ordinance No. 6869 amends ACC 10.36.263 to add enforcement measures related to repeat
parking violations in City parking facilities. The Ordinance defines a “multiple offender” within
a 24 hour period and a corresponding infraction. The amendment adds the ability of the City
to issue a trespass admonishment to an individual associated with a vehicle, after being found
by a court to have committed 3 or more separately issue parking infractions at the specific
location. It also adds the ability to impound a vehicle that has been found by a court to have
committed 3 or more separately issued parking infractions at a specific location.
Reviewed by Council Committees:
Councilmember:Jeyaraj Staff:Caillier/Comeau
Meeting Date:May 23, 2022 Item Number:
Page 120 of 123
--------------------------------
Ordinance No. 6869
May 18, 2022
Page 1 of 2 Rev. 2019
ORDINANCE NO. 6869
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AMENDING SECTION 10.36.263
OF THE AUBURN CITY CODE RELATED TO CONTINUOUS
OR MULTIPLE VEHICLE PARKING VIOLATIONS ON CITY
OWNED OR CONTROLLED PROPERTY
WHEREAS, Auburn City Code (ACC) section 10.36.263 regulates continuous and
multiple parking violations on City owned or controlled property as a $50.00 infraction;
WHEREAS, repeat and ongoing parking violations at various locations in the City
continue to impact motorists and the community despite the provisions of ACC 10.36.263;
WHEREAS, ACC 10.63.263 should be updated to add potential enforcement
measures that will more effectively address repeat and ongoing parking violations within
the City. Adopting such measures would be in the best interests of the City and its
residents.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows:
Section 1. Amendment to City Code. Section 10.36.263 of the Auburn City
Code is amended to read as set forth in Exhibit A to this Ordinance.
Section 2. Implementation. The Mayor is authorized to implement the
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 121 of 123
--------------------------------
Ordinance No. 6869
May 18, 2022
Page 2 of 2 Rev. 2019
Section 4. Effective date. This Ordinance will take effect and be in force five
days from and after its passage, approval, and publication as provided by law.
INTRODUCED: _______________
PASSED: ____________________
APPROVED: _________________
____________________________
NANCY BACKUS, MAYOR
ATTEST:
____________________________
Shawn Campbell, MMC, City Clerk
APPROVED AS TO FORM:
____________________________
Kendra Comeau, City Attorney
Published: ____________________
Page 122 of 123
EXHIBIT A—ORDINANCE NO. 6869
ACC 10.36.263 Continuous or multiple parking – Multiple violations.
A. Continuous or multiple parking violations. Any person or vehicle in continuous
violation of any parking restriction in this title within a single 24 hour period, or any
person or vehicle found in violation of in continuous violation of any the parking
restriction in time limit provisions of this title 3 or more separate times within a single 24-
hour period , or any person who commits multiple violations of the parking time limit
provisions of this title, within the same 24-hour period, may also be additionally cited
under this section as a multiple offender. This offense is and such act shall be an
infraction which shall be punishable by a $50.00 fine of $50.00.
B. Additional penalties for multiple parking violations.
1. Trespass admonishment. In addition to the subparagraph A penalties, City officials
may issue trespass admonishments to any person owning, operating or otherwise
associated with a vehicle parked at a City owned or controlled parking lot or facility after
being found by a court to have committed 3 or more separately issued parking
infractions at the location. The issued admonishment may prohibit the person from
returning to the location for a time period specified in the admonishment.
2. Vehicle impound. Vehicles parked on a City right of way or at a City owned or
controlled parking lot or facility after being found by a court to have committed 3 or more
separately issued parking infractions at the location may be impounded by the Chief of
Police or designee. Redemption of any such impounded vehicle shall be as provided in
RCW 46.55 and other applicable law.
Page 123 of 123