HomeMy WebLinkAbout08-26-2019 CITY COUNCIL STUDY SESSIONCity Council Study Session Finance,
Technology and Economic Dev elopment
Special Focus Area
August 26, 2019 - 5:30 P M
City Hall Council Chambers
A GE NDA
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I .C A L L TO O R D E R
A .Roll Call
I I .A NNO UNC E ME NT S , R E P O RT S , A ND P R E S E NTAT I O NS
I I I .A G E ND A I T E MS F O R C O UNC I L D I S C US S I O N
A .Draft Ordinance No. 6727 (Gaub) (5 Minutes)
A n Ordinance of the City Council of the City of A uburn, Washington, granting New
Cingular W ireless P C S, L L C, a franchise for wireless telecommunications facilities
B .One S top S hop A pproach (Hinman) (20 Minutes)
Discussion on future homeless and human services in Auburn
C.2019 F ireworks Report (Pierson) (20 Minutes)
I V.F I NA NC E, T E C HNO L O G Y A ND E C O NO MI C D E V E L O P ME NT D I S C US S I O N I T E MS
A .I T Update (Travis) (20 Minutes)
V.O T HE R D I S C US S I O N I T E MS
V I .NE W B US I NE S S
V I I .MAT R I X
A .Matrix
V I I I .A D J O UR NME NT
Agendas and minutes are available to the public at the City Clerk's Office, on the City website
(http://www.auburnwa.gov), and via e-mail. Complete agenda packets are available for review
at the City Clerk's Office.
Page 1 of 60
AGENDA BILL APPROVAL FORM
Agenda Subject:
Draft Ordinance No. 6727 (Gaub) (5 Minutes)
Date:
August 14, 2019
Department:
Public Works
Attachments:
Draft Ordinance No. 6727 Franchise Agreement
No. FRN19-0014
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
For discussion only.
Background Summary:
New Cingular Wireless PCS, LLC has applied for a Franchise Agreement to be able to
construct within the City’s rights-of-way a small wireless facilities network. New Cingular
Wireless wants to provide personal wireless telecommunications and data communications
services for the benefit of wireless communications subscribers in and around the City of
Auburn.
The initial proposed build-out includes multiple locations throughout the City on City owned
poles and PSE owned poles. The applicant is requesting the entire City as the proposed
franchise area so that they can build out their small cell network. Exact locations, plans,
engineering and construction schedules would be reviewed, approved and managed through
the City’s permitting processes that are a requirement of the Franchise Agreement.
A Public Hearing to consider this application and hear public comment is scheduled before
the City Council on September 3, 2019 in accordance with Auburn City Code Chapter
20.06.030.
Rev iewed by Council Committees:
Councilmember:Staff:Gaub
Meeting Date:August 26, 2019 Item Number:
Page 2 of 60
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Draft Ordinance No. 6727
July 30, 2019
Franchise Agreement No. FRN19-0014
Page 1 of 17
ORDINANCE NO. 6727
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, GRANTING NEW
CINGULAR WIRELESS PCS, LLC, A FRANCHISE
FOR WIRELESS TELECOMMUNICATIONS
FACILITIES
WHEREAS, New Cingular Wireless PCS, LLC (“Grantee”), has applied to
the City of Auburn (“City”) for a non-exclusive Franchise for the right of entry, use,
and occupation of certain public right(s)-of-way within the City, to install, construct,
erect, operate, maintain, repair, relocate and remove Grantee’s facilities in, on,
over, under, along and/or across those right(s)-of-way; and
WHEREAS, following proper notice, the City Council held a public hearing
on Grantee’s request for a Franchise; and
WHEREAS, based on the information presented at the public hearing, and
from facts and circumstances developed or discovered through independent study
and investigation, the City Council now deems it appropriate and in the best
interest of the City and its inhabitants to grant the franchise to Grantee.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN
WASHINGTON, DO ORDAIN as follows:
Section 1. Grant of Right to Use; Franchise Area
A. Subject to the terms and conditions stated in this Agreement, the City
grants to the Grantee general permission to enter, use, and occupy the Franchise
Area, located within the incorporated area of the City. Grantee may locate the
Grantee Facilities within the Franchise Area subject to all applicable laws,
regulations, and permit conditions.
B. The Grantee is authorized to install, remove, construct, erect,
operate, maintain, relocate, upgrade, replace, restore and repair Grantee Facilities
to provide Wireless Telecommunications Services in the Franchise Area.
C. This Franchise does not authorize the use of the Franchise Area for
any facilities or services other than Grantee Facilities and Wireless
Telecommunications Services, and it extends no rights or privilege relative to any
facilities or services of any type, including Grantee Facilities and Wireless
Telecommunications Services, on public or private property elsewhere within the
City.
Page 3 of 60
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Draft Ordinance No. 6727
July 30, 2019
Franchise Agreement No. FRN19-0014
Page 2 of 17
D. This Franchise is non-exclusive and does not prohibit the City from
entering into other agreements, including Franchises, impacting the Franchise
Area, for any purpose that does not interfere with Grantee’s rights under this
Franchise.
E. Except as explicitly set forth in this Agreement, this Franchise does
not waive any rights that the City has or may acquire with respect to the Franchise
Area or any other City roads, rights-of-way, property, or any portions thereof. This
Franchise shall be subject to the power of eminent domain, and in any proceeding
under eminent domain, the Grantee acknowledges its use of the Franchise Area
shall have no value.
F. The City reserves the right to change, regrade, relocate, abandon, or
vacate any right-of-way within the Franchise Area. If, at any time during the term
of this Franchise, the City vacates any portion of the Franchise Area containing
Grantee Facilities, the City shall reserve an easement for public utilities within that
vacated portion, pursuant to RCW 35.79.030, within which the Grant ee may
continue to operate any existing Grantee Facilities under the terms of this
Franchise for the remaining period set forth under Section 3.
G. The Grantee agrees that its use of Franchise Area shall at all times
be subordinated to and subject to the City and the public’s need for municipal
infrastructure, travel, and access to the Franchise Area, except as may be
otherwise required by law.
Section 2. Notice
A. Written notices to the parties shall be sent by a nationally recognized
overnight courier or by certified mail to the following addresses, unless a different
address shall be designated in writing and delivered to the other party. Any such
notice shall become effective upon receipt by certified mail, confirmed delivery by
overnight courier, or the date stamped received by the City.
City: Right-of-Way Specialist
Public Works Department - Transportation
City of Auburn
25 West Main Street
Auburn, WA 98001-4998
Telephone: (253) 931-3010; Fax: (253) 931-3048
with a copy to: City Clerk
City of Auburn
25 West Main Street
Auburn, WA 98001-4998
Page 4 of 60
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Draft Ordinance No. 6727
July 30, 2019
Franchise Agreement No. FRN19-0014
Page 3 of 17
Grantee: New Cingular Wireless PCS, LLC
Attn: Network Real Estate Administration
Site No. City of Auburn Wireless Franchise Agreement (WA)
1025 Lenox Park Blvd NE, 3rd Floor
Atlanta, GA 30319
With a copy to: New Cingular Wireless PCS, LLC
Attn: AT&T Legal Dept – Network Operations
Site No. City of Auburn Wireless Franchise Agreement (WA)
208 S. Akard Street
Dallas, TX 75202-4206
B. Any changes to the above-stated Grantee information shall be sent
to the City at City’s notice addresses, referencing the number of this Ordinance.
C. The City may also contact Grantee at the following number during
normal business hours and for emergency or other needs outside of normal
business hours of the Grantee: (800) 832-6662.
Section 3. Term of Agreement
A. This Franchise shall run for a period of five (5) years, from the
effective date of this Franchise specified in Section 5.
B. Renewal Option of Term: The Grantee may renew this Franchise for
one, additional five (5) year period upon submission and approval of the application
specified under ACC 20.06.130, as it now exists or is amended, within the
timeframe set forth in that section (currently not more than 240 and not less than
180 days prior to expiration of the then-current term). Any materials submitted by
the Grantee for a previous application may be considered by the City in reviewin g
a current application, and the Grantee shall only submit those materials deemed
necessary by the City to address changes in the Grantee Facilities or
Telecommunications Services, or to reflect specific reporting periods mandated by
the ACC.
C. Failure to Renew Franchise – Automatic Extension. If the Parties fail
to formally renew this Franchise prior to the expiration of its term or any extension
thereof, the Franchise automatically continues month to month until renewed or
either party gives written notice at least one hundred and eighty (180) days in
advance of intent not to renew the Franchise.
Section 4. Definitions
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Draft Ordinance No. 6727
July 30, 2019
Franchise Agreement No. FRN19-0014
Page 4 of 17
For the purpose of this agreement:
A. “ACC” or “City Code” means the Auburn City Code.
B. "Emergency" means a condition of imminent danger to the health,
safety and welfare of persons or property located within the City including, without
limitation, damage to persons or property from natural consequences, such as
storms, earthquakes, riots, acts of terrorism or wars.
C. “Franchise Area” means all present and future Rights-of-W ay as
defined in Section 4.H. herein, within the City Limits as they currently exist or as
amended in the future.
D. “Grantee Facilities” means any and all equipment, appliances,
attachments, appurtenances and other items necessary for Telecommunications
Services or “personal wireless services” as defined in RCW 80.36.375 or
35.99.010(7), respectively, that are located in the Right-of-Way. It includes
microcell, minor and small cell facilities and strand-mounted units.
Grantee Facilities do not include anything used to provide wireline services,
front-haul or back-haul services, including fiber optic cables, coaxial cables, wires,
conduit or other equipment, appliances, attachments and appurtenances. They do
not include any equipment that is not within ten (10) feet of the pole (excluding any
strand-mounted unit) or base station, or that is not within the Right-of-Way, or that
is covered under a separate Franchise Agreement or agreement.
E. “Grantee’s Wireless Telecommunications Services” means the
transmission and reception of wireless communications signals, including but not
limited to personal wireless and data communications services, over Licensee’s
federally licensed frequencies, pursuant to all the rules and regulations of the
Federal Communications Commission, and in accordance with the terms of this
Agreement, for the benefit of wireless communications subscribers in and around
the Franchise Area.
F. “Maintenance” or “maintain” shall mean examining, testing,
inspecting, repairing, maintaining, restoring and replacing the existing Grantee
Facilities or any part thereof as required and necessary for safe operation.
G. “Relocation” means permanent movement of Grantee Facilities
required by the City, and not temporary or incidental movement of such facilities,
or other revisions Grantee would accomplish and charge to third parties without
regard to municipal request.
Page 6 of 60
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Draft Ordinance No. 6727
July 30, 2019
Franchise Agreement No. FRN19-0014
Page 5 of 17
H. “Rights-of-Way” means the surface and the space above and below
streets, roadways, highways, avenues, courts, lanes, alleys, sidewalks, shoulders,
curbs, landscaping areas between sidewalks and curbs or shoulders, and other
public rights-of-ways and similar public properties and areas to the extent that the
City has the authority to grant permission to use any of the foregoing . It does not
include structures, including poles and conduit, located in the right-of-way and, any
other property owned by the City in its proprietary capacity.
Section 5. Acceptance of Franchise
A. This Franchise shall not become effective until Grantee files with the
City Clerk (1) the Statement of Acceptance (Exhibit “A”), (2) all verifications of
insurance coverage specified under Section 15, (3) the financial guarant ees
specified in Section 16, and (4) payment of any outstanding application fees per
the City Fee Schedule. These four items shall collectively be the “Franchise
Acceptance”. The date that such Franchise Acceptance is filed with the City Clerk
shall be the effective date of this Franchise.
B. Should the Grantee fail to file the Franchise Acceptance with the City
Clerk within thirty (30) days after the effective date of the ordinance approving the
Franchise, the City’s grant of the Franchise will be null and void.
Section 6. Location, Siting, Construction and Maintenance
A. The Grantee shall apply for, obtain, and comply with the terms of all
permits, approvals and facilities lease agreements as required under ACC
Chapters 12.24, 13.32A and 20 for any work done within the Right-of-Way or to
site Grantee Facilities on any facilities, structures or poles owned by third parties
within the Right-of-Way or on any City-owned facilities, structures or poles within
the Right-of-Way. City Council authorizes the Director of Public Works or the
Director’s designee to negotiate and execute all agreements necessary for the use
of City owned property. Grantee shall comply with all applicable City, State, and
Federal codes, rules, regulations, and orders in undertaking such work, which shall
be done in a thorough and proficient manner.
Grantee shall be required to submit the appropriate application to the
City related to siting within the public Right-of-Way as provided under this
Franchise, for review and approval by the City Engineer, prior to submitting an
application for a construction permit(s) for any and all locations in the public Right-
of-Way, whether Grantee is proposing to locate on City owned facilities, structures
or poles, or on third party owned facilities, structures or poles. The siting
application shall be submitted to the City and shall be in addition to any other
required permits for construction, building, land use, zoning, lease agreements or
other approvals as required by applicable City Code.
Page 7 of 60
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Draft Ordinance No. 6727
July 30, 2019
Franchise Agreement No. FRN19-0014
Page 6 of 17
B. Grantee agrees to coordinate its activities with the City and all other
utilities located in the public Right-of-W ay within which Grantee is undertaking its
activity.
C. The City expressly reserves the right to prescribe how and where
Grantee Facilities shall be installed within the public Right-of-Way and may from
time to time, pursuant to and in accordance with the applicable sections of this
Franchise or the ACC, require the adjustment, securement, removal, relocation
and/or replacement thereof in the public interest and safety at the expense of the
Grantee.
D. Before commencing any work within the public Right-of-Way, the
Grantee shall comply with the One Number Locator provisions of RCW Chapter
19.122 to identify existing utility infrastructure.
E. Tree Trimming. Upon prior written approval of the City and in
accordance with City ordinances, Grantee shall have the authority to reasonably
trim trees upon and overhanging streets, public rights-of-way, and public places in
the Franchise Area to the extent necessary to prevent the branches of those trees
from coming in physical contact with the Grantee Facilities. Grantee shall be
responsible for debris removal from such activities. If such debris is not removed
within twenty-four (24) hours of completion of the trimming, the City may, at its sole
discretion, remove such debris and charge Grantee for the cost of removal. This
section does not, in any instance, grant automatic authority to clear vegetation for
purposes of providing a clear path for radio signals. A ny such general vegetation
clearing will require a land-clearing permit.
Section 7. Repair and Emergency Work
In the event of an emergency, the Grantee may commence repair and
emergency response work as required under the circumstances. The Grantee shall
notify the City telephonically during normal business hours (at 253-931-3010) and
during non-business hours (at 253-876-1985) as promptly as possible, before such
repair or emergency work commences, and in writing as soon thereafter as
possible. Such notification shall include the Grantee’s emergency contact phone
number for the corresponding response activity. The City may commence
emergency response work, at any time, without prior written notice to the Grantee,
but shall notify the Grantee in writing as promptly as possible under the
circumstances. Grantee will reimburse the City for the City’s actual cost of
performing emergency response work.
Page 8 of 60
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Draft Ordinance No. 6727
July 30, 2019
Franchise Agreement No. FRN19-0014
Page 7 of 17
Section 8. Damages to City and Third-Party Property
Grantee agrees that if any of its actions under this Franchise impairs or
damages any property, Grantee will restore, at its own cost and expense, the
property to a safe condition. Upon returning property to a safe condition, the
property shall then be returned to the condition it was in immediately prior to being
damaged (if the safe condition of the property is not the same as that which existed
prior to damage). Such repair work shall be performed and completed to the
satisfaction of the City Engineer.
Section 9. Location Preference
A. Any structure, equipment, appurtenance or tangible property of a
utility, other than the Grantee’s, which was installed, constructed, completed or in
place prior in time to Grantee’s application for a permit to construct or repair
Grantee Facilities under this Franchise shall have preference as to positioning and
location with respect to the Grantee Facilities. However, to the extent that the
Grantee Facilities are completed and installed prior to another telecommunication
or utility operator’s or carrier’s submittal of a permit for new or additional structures,
equipment, appurtenances or tangible property, then the Grantee Facilities shall
have priority. These rules governing preference shall continue in the event of the
necessity of relocating or changing the grade of any City road or right-of-way. A
relocating utility shall not necessitate the relocation of another utility that otherwise
would not require relocation. This Section shall not apply to any City facilities or
utilities that may in the future require the relocation of Grantee Facilities. Such
relocations shall be governed by Section 11.
B. Grantee shall maintain a minimum underground horizontal
separation of five (5) feet from City water, sanitary sewer and storm sewer facilities
and ten (10) feet from above-ground City water facilities. For development of new
areas, the City, in consultation with Grantee and other telecommunication and
utility purveyors or authorized users of the Rights-of-Way, will develop guidelines
and procedures for determining specific telecommunications and utility locations.
Section 10. Grantee Information
A. Grantee agrees to supply, at no cost to the City, any information
reasonably requested by the City to coordinate municipal functions with Grantee’s
activities and fulfill any municipal obligations under state law. This information
shall include, at a minimum, as-built drawings of Grantee Facilities, including
installation inventory, and maps and plans showing the location of existing Grantee
Facilities and planned Grantee Facilities(to the extent that maps and plans
showing planned facilities are available) within the Rights of Way. This information
Page 9 of 60
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Draft Ordinance No. 6727
July 30, 2019
Franchise Agreement No. FRN19-0014
Page 8 of 17
may be requested either in hard copy or electronic format, compatible with the
City’s data base system, as now or hereinafter exist s, including the City’s
Geographic Information System (GIS) data base. Upon the City’s request, Grantee
shall inform the City of its long range plans for installation, if such p lans are
available, so that the City may coordinate any future development with Grantee’s
proposed designs. If such plans are not immediately available, are not finalized,
or are proprietary in nature, then Grantee is under no obligation to provide such
information to the City. Should the Grantee fail, for any reason, to provide
information regarding its long range plans or planned Grantee Facilities upon the
City’s request, then the City is under no obligation to coordinate with, account for
or authorize their facilities in future Right-of-Way projects or the City’s long range
plans.
B. The parties understand that Washington law limits the ability of the
City to shield from public disclosure any information given to the City; however,
nothing in this Section shall be construed to require Grantee to disclose proprietary
or confidential information without adequate safeguards to protect the confidential
or proprietary nature of the information. Accordingly, in the event the City receives
a public records request under applicable state or federal law, the City agrees to
notify the Grantee of such request related to the Grantee, and to give the Grantee
ten (10) working days to obtain an injunction prohibiting the release of the records.
C. Grantee shall defend, indemnify and hold the City harmless for any
loss or liability for fines, penalties, and costs (including attorneys’ fees) imposed
on the City because of non-disclosures requested by Grantee under Washington’s
public records act, provided the City has notified Grantee of the pending request.
Section 11. Relocation of Grantee Facilities
A. Pursuant to Auburn City Code Chapter 13 and Chapter 20 as
currently written or as amended in the future, except as otherwise so required by
law, Grantee agrees to relocate, remove, or reroute its facilities as ordered by the
City Engineer at no expense or liability to the City, except as may be required by
RCW Chapter 35.99. Pursuant to the provisions of Section 14, Grantee agrees to
protect and save harmless the City from any customer or third -party claims for
service interruption or other losses in connection with any such change, relocation,
abandonment, or vacation of the Public Right-of-Way.
B. If securement, adjustment or relocation of the Grantee Facilities is
necessitated by a request from a party other than the City, that party shall pay the
Grantee the actual costs.
Page 10 of 60
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Draft Ordinance No. 6727
July 30, 2019
Franchise Agreement No. FRN19-0014
Page 9 of 17
Section 12. Abandonment and or Removal of Grantee Facilities
A. Within one hundred and eighty days (180) of Grantee’s permanent
cessation of use of all or a portion of the Grantee Facilities, the Grantee shall, at
the City’s discretion, either abandon in place or remove the affected facilities.
B. Grantee may ask the City in writing to abandon, in whole or in part,
all or any part of the Grantee Facilities. Any plan for abandonment of Grantee
Facilities must be approved in writing by the City, which approval shall not be
unreasonably withheld.
C. The parties expressly agree that this Section shall survive the
expiration, revocation or termination of this Franchise.
Section 13. Undergrounding
A. The parties agree that this Franchise does not limit the City’s
authority under federal law, state law, or local ordinance, to require the
undergrounding of utilities.
B. Subject to applicable law addressing the undergrounding of
telecommunication facilities, whenever the City requires the undergrounding of
aerial utilities in the Franchise Area, the Grantee shall underground the Grantee
Facilities, in the manner specified by the City Engineer at no expense or liability to
the City, except as may be required by RCW Chapter 35.99. W here other utilities
are present and involved in the undergrounding project, Grantee shall only be
required to pay its fair share of common costs borne by all utilities, in addition to
the costs specifically attributable to the undergrounding of Grantee Facilities.
Common costs shall include necessary costs for common trenching and utility
vaults. Fair share shall be determined in comparison to the total number and size
of all other utility facilities being undergrounded.
Section 14. Indemnification and Hold Harmless
A. The Grantee shall defend, indemnify, and hold the City and its
officers, officials, agents, contractors and employees, and volunteers harmless
from any and all costs, claims, injuries, damages, losses, suits, or liabilities
including attorneys’ fees arising out of or in connection with the Grantee’s
performance (including Grantee’s agents’ or representatives’ performances) under
this Franchise, except to the extent such costs, claims, injuries, damages, losses,
suits, or liabilities are caused by the sole negligence or willful misconduct of the
City or its officers, officials, agents and employees. Should a court of competent
jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the
Page 11 of 60
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Draft Ordinance No. 6727
July 30, 2019
Franchise Agreement No. FRN19-0014
Page 10 of 17
event of liability for damages arising out of bodily injury to persons or damages to
property caused by or resulting from the concurrent negligence of the Grantee and
the City, its officers, officials or employees, and volunteers, the Grantee's liability
hereunder shall be only to the extent of the Grantee's negligence.
B. The Grantee shall hold the City harmless from any liability arising out
of or in connection with any damage or loss to the Grantee Facilities caused by
maintenance and/or construction work performed by, or on behalf of, the City within
the Franchise Area or any other City road, right-of-way, or other property, except
to the extent any such damage or loss is directly caused by the negligence or willful
misconduct of the City, or its employees, contractors and agents performing such
work.
C. The Grantee acknowledges that neither the City nor any other public
agency with responsibility for firefighting, emergency rescue, public safety or
similar duties within the City has the capability to provide trench, close trench or
confined space rescue. The Grantee, and its agents, assigns, successors, or
contractors, shall make such arrangements as Grantee deems fit for the provision
of such services with regard to work performed by or at the direc tion of Grantee.
The Grantee shall hold the City harmless from any liability arising out of or in
connection with any damage or loss to the Grantee for the City’s failure or inability
to provide such services, and, pursuant to the terms of Section 14(A), the Grantee
shall indemnify the City against any and all third -party costs, claims, injuries,
damages, losses, suits, or liabilities based on the City’s failure or inability to provide
such services.
D. Acceptance by the City of any work performed by the Grantee shall
not be grounds for avoidance of this section.
E. It is further specifically and expressly understood that the
indemnification provided herein constitutes the Grantee’s waiver of immunity under
Industrial Insurance, Title 51 RCW , solely for the purposes of indemnity claims
made by the City against Grantee or claims made by Grantee’s employees directly
against the City. This waiver has been mutually negotiated by the parties. The
provisions of this section shall survive the expiration or termination of this
Agreement.
Section 15. Insurance
A. The Grantee shall procure and maintain for the duration of th is
Franchise, insurance against claims for injuries to persons or damage to property
which may arise from or in connection with the performance of the work hereunder
by the Grantee, its officers, officials, and employees in the amounts and types set
forth below:
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Draft Ordinance No. 6727
July 30, 2019
Franchise Agreement No. FRN19-0014
Page 11 of 17
1. Commercial Automobile Liability insurance ISO Form CG 00
01 covering all owned, non-owned, hired, and leased vehicles with a combined
single limit for bodily injury and property damage of $1,000,000 .00 per accident
including contractual liability. Coverage shall be written on Insurance Services
Office (ISO) form CA 00 01, or a substitute form used by Grantee, so long as it
provides equivalent liability coverage.
2. Commercial General Liability insurance with limits of
$5,000,000.00 each occurrence for bodily injury and property damage and,
$5,000,000.00 general aggregate including $5,000,000.00 products-completed
operations aggregate limit, premises-operations, independent contractors,
products-completed operations, personal injury and advertising injury and
contractual liability coverage. There shall be no exclusion for liability arising from
explosion, collapse, or underground property damage. The City shall be included
as an additional insured as their interest may appear under the Grantee’s
Commercial General Liability insurance policy with respect to the work performed
under this Franchise by means of a blanket additional insured endorsement using
ISO Additional Insured Endorsement for Ongoing Operations, CG 20 10 10 01 and
Additional Insured Completed Operations Endorsement, CG 20 37 10 01, or
substitute endorsements utilized by Grantee providing equivalent coverage.
3. Professional Liability insurance with limits of $1,000,000.00
per claim and aggregate covering the negligence , acts, errors, and/or omissions
of Grantee in the performance of professional services under this Franchise.
4. Workers’ Compensation coverage (or qualified self-insurance
coverage) as required by the Industrial Insurance laws of the State of Washington.
B. The insurance policies shall:
1. Provide that the Grantee’s insurance coverage shall be
primary insurance as respects the City. Any insurance, self -insurance, or
insurance pool coverage maintained by the City shall be in excess of the Grantee’s
insurance and shall not contribute with it.
2. Upon receipt of appropriate notice from its insurer(s), Grantee
shall provide the City with thirty (30) days prior written notice of cancellation or
nonrenewal of any of the required insurance policies that are not replaced.
C. Acceptability of Insurers. Insurance is to be placed with insurers with
a current A.M. Best rating of not less than A:VII.
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Draft Ordinance No. 6727
July 30, 2019
Franchise Agreement No. FRN19-0014
Page 12 of 17
D. Verification of Coverage. Grantee shall furnish the City with
documentation of insurer’s A.M. Best rating and with original certificates and a
copy of amendatory endorsements, including but not necessarily limited to the
blanket additional insured endorsements evidencing the insurance requirements
of Grantee before commencement of the work.
E. Grantee shall have the right to self-insure any or all of the above-
required insurance. Any such self-insurance is subject to approval by the City.
F. Grantee’s maintenance of insurance as required by this Franchise
shall not be construed to limit the liability of Grantee to the coverage provided by
such insurance, or otherwise limit the City’s recourse to any remedy to which the
City is otherwise entitled at law or in equity.
Section 16. Performance Security
The Grantee shall provide the City with a bond or financial guarantee in the amount
of Fifty Thousand Dollars ($50,000.00) running for, or renewable for, the term of
this Franchise, in a form and substance acceptable to the City, for all of the Grantee
Facilities in the City. If Grantee fails to substantially comply with any one or more
of the provisions of this Franchise, the City shall recover jointly and severally from
the Grantee, bond or any surety of such financial guarantee, any actual and direct
damages suffered by City as a result thereof, including but not limited to staff time,
material and equipment costs and the cost of removal or abandonment of facilities.
Grantee specifically agrees that its failure to comply with the terms of Section 19
shall constitute a material breach of this Franchise. Such a bond or financial
guarantee shall not be construed to limit the Grantee’s liability to the guarantee
amount, or otherwise limit the City’s recourse to any remedy to which the City is
otherwise entitled at law or in equity.
Section 17. Successors and Assignees
A. All the provisions, conditions, regulations and requirements herein
contained shall be binding upon the successors, assigns, and independent
contractors of the Grantee, and all rights and privileges, as well as all obligation s
and liabilities of the Grantee shall inure to its successors, assignees and
contractors equally.
B. This Franchise shall not be leased, assigned or otherwise alienated
without the express prior consent of the City by ordinance.
C. Grantee and any proposed assignee or transferee shall provide and
certify the following to the City not less than sixty (60) days prior to the proposed
date of transfer: (1) Complete information setting forth the nature, term and
Page 14 of 60
------------------------------
Draft Ordinance No. 6727
July 30, 2019
Franchise Agreement No. FRN19-0014
Page 13 of 17
conditions of the proposed assignment or transfer; (2) All information required by
the City of an applicant for a Franchise with respect to the proposed assignee or
transferee; and, (3) An application fee which shall be set by the City, plus any other
costs actually and reasonably incurred by the City in processing, and investigating
the proposed assignment or transfer.
D. Prior to the City’s consideration of a request by Grantee to consent
to a Franchise assignment or transfer, the proposed Assignee or Transferee shall
file with the City a written promise to unconditionally accept all terms of the
Franchise, effective upon such transfer or assignment of the Franchise. The City
is under no obligation to undertake any investigation of the transferor’s state of
compliance and failure of the City to insist on full compliance prior to transfer does
not waive any right to insist on full compliance thereafter.
E. Transactions between affiliated entities are not exempt fr om the
required City approval. Grantee shall promptly notify the City in writing prior to any
proposed change in, or transfer of, or acquisition by any other party of control of
the Grantee’s company. Notification shall include those items set out in subsection
17.C (1) through (3) herein above.
Section 18. Dispute Resolution
A. In the event of a dispute between the City and the Grantee arising by
reason of this Agreement, the dispute shall first be referred to the operational
officers or representatives designated by Grantor and Grantee to have oversight
over the administration of this Agreement. The officers or representatives shall
meet within thirty (30) calendar days of either party's request for a meeting,
whichever request is first, and the parties shall make a good faith effort to achieve
a resolution of the dispute.
B. If the parties fail to achieve a resolution of the dispute in this manner,
either party may then pursue any available judicial remedies. This Franchise shall
be governed by and construed in accordance with the laws of the State of
Washington. In the event any suit, arbitration, or other proceeding is instituted to
enforce any term of this Agreement, the parties specifically understand and agree
that venue shall be exclusively in King County, Washington. The prevailing party
in any such action shall be entitled to its attorneys’ fees and costs of suit, which
shall be fixed by the judge hearing the case, and such fees shall be included in the
judgment.
Section 19. Enforcement and Remedies
A. If the Grantee shall willfully violate, or fail to comply with any of the
provisions of this Franchise through negligence, or should it fail to heed or comply
Page 15 of 60
------------------------------
Draft Ordinance No. 6727
July 30, 2019
Franchise Agreement No. FRN19-0014
Page 14 of 17
with any notice given to Grantee under the provisions of this Agreement, the City
may, at its discretion, provide Grantee with written notice to cure the breach within
thirty (30) days of receipt of written notification. If the parties determine the breach
cannot be cured within thirty days, the City may specify a longer cure period, and
condition the extension of time on Grantee’s submittal of a plan to cure the breach
within the specified period, commencement of work within the original thirty-day
cure period, and diligent prosecution of the work to completion. If the breach is not
cured within the specified time, or the Grantee does not comply with the specified
conditions, the City may, at its discretion, either (1) revoke the Franchise with no
further notification (2) terminate Franchisee’s use of the specific portion(s) of the
ROW to which the default(s) pertains at the discretion of the City Engineer, or (3)
claim damages of Two Hundred Fifty Dollars ($250.00) per day against the bond
or financial guarantee set forth in Section 16 for every day after the expiration of
the cure period that the breach is not cured.
B. Should the City determine that Grantee is acting beyond the scope
of permission granted herein for Grantee Facilities, and Grantee Services, the City
reserves the right to cancel this Franchise and require the Grantee to apply for,
obtain, and comply with all applicable City permits, franchises, or other City
permissions for such actions, and if the Grantee’s actions are not allowed under
applicable federal and state or City laws, to compel Grantee to cease such actions.
Section 20. Compliance with Laws and Regulations
A. This Franchise is subject to, and the Grantee shall comply with all
applicable federal and state or City laws, regulations and policies (including all
applicable elements of the City's comprehensive plan), in conformance with federal
laws and regulations, affecting performance under this Franchise (collectively,
“Laws”). Furthermore, notwithstanding any other terms of this Agreement
appearing to the contrary, the Grantee shall be subject to the police power of the
City to adopt and enforce general ordinances necessary to protect the safety and
welfare of the general public in relation to the rights granted in the Franchise Area.
B. The City reserves the right at any time to amend this Franchise to
conform to any hereafter enacted, amended, or adopted federal or state statute or
regulation relating to the public health, safety, and welfare, or relating to roadway
regulation, or a City Ordinance enacted pursuant to such federal or state statute
or regulation upon providing Grantee with thirty (30) days written notice of its action
setting forth the full text of the amendment and identifying the statute, regulation,
or ordinance requiring the amendment. The amendment shall become
automatically effective upon expiration of the notice period unless, before
expiration of that period, the Grantee makes a written call for negotiations over the
terms of the amendment. If the parties do not reach agreement as to the terms of
the amendment within thirty (30) days or within such other timeframe as
Page 16 of 60
------------------------------
Draft Ordinance No. 6727
July 30, 2019
Franchise Agreement No. FRN19-0014
Page 15 of 17
determined by the City, of the call for negotiations, the City may enact the proposed
amendment, by incorporating the Grantee’s concerns to the maximum extent the
City deems possible.
C. The City may terminate this Franchise upon thirty (30) days written notice
to the Grantee, if the Grantee fails to comply with such amendment or modification.
The City shall retract its notice of termination if the City determines that the Grantee
is in compliance with the amendment or modification within such 30 -day period.
The City may grant longer than the 30-days to comply if the Grantee provides
notice to the City of its intent to comply and can demonstrate good-faith efforts to
reach compliance to the satisfaction of the City.
Section 21. License, Fees, Tax and Other Charges
Grantee shall pay promptly and before they become delinquent , all fees and
charges for all applicable permits, licenses and construction approvals imposed by
the City for Grantee’s permitted use of the Grantee Facilities within the Rights-of-
Way. This Franchise shall not exempt the Grantee from any future license, fee,
tax, or charge, which the City may hereinafter adopt pursuant to authority granted
to it under state or federal law for revenue or as reimbursement for use and
occupancy of the Franchise Area.
Section 22. Consequential Damages Limitation
Notwithstanding any other provision of this Agreement, in no event shall
either party be liable for any special, incidental, indirect, punitive, reliance,
consequential or similar damages.
Section 23. Severability
If any portion of this Franchise is deemed invalid, the remainder portions
shall remain in effect.
Section 24. Titles
The section titles are for reference only and should not be used for the
purpose of interpreting this Franchise.
Section 25. Implementation.
The Mayor is authorized to implement such administrative procedures as
may be necessary to carry out the directions of this Franchise.
Section 26. Effective date.
Page 17 of 60
------------------------------
Draft Ordinance No. 6727
July 30, 2019
Franchise Agreement No. FRN19-0014
Page 16 of 17
This Ordinance shall take effect and be in force five days from and af ter its
passage, approval and publication as provided by law.
INTRODUCED: ___________________
PASSED: ________________________
APPROVED: _____________________
________________________________
NANCY BACKUS, MAYOR
ATTEST:
___________________________
Shawn Campbell, City Clerk
APPROVED AS TO FORM:
__________________________
Steven L. Gross, City Attorney
Published: _________________
Page 18 of 60
------------------------------
Draft Ordinance No. 6727
July 30, 2019
Franchise Agreement No. FRN19-0014
Page 17 of 17
Exhibit A
STATEMENT OF ACCEPTANCE
New Cingular Wireless PCS, LLC, for itself, its successors and assigns, hereby
accepts and agrees to be bound by all lawful terms, conditions and provisions of
the Franchise attached hereto and incorporated herein by this reference.
____________________________________
____________________________________
____________________________________
By: Date:
Name:
Title:
STATE OF _______________)
)ss.
COUNTY OF _____________ )
On this ____ day of _______________, 2019, before me the undersigned, a Notary Public
in and for the State of __________, duly commissioned and sworn, personally appeared,
__________________ of ______________________________________________ the
company that executed the within and foregoing instrument, and acknowledged the said
instrument to be the free and voluntary act and deed of said company, for the uses and
purposes therein mentioned, and on oath stated that he/she is authorized to execute said
instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal on the
date hereinabove set forth.
Signature
NOTARY PUBLIC in and for the State of
___________, residing at
MY COMMISSION EXPIRES:
Page 19 of 60
AGENDA BILL APPROVAL FORM
Agenda Subject:
One Stop Shop Approach (Hinman) (20 Minutes)
Date:
August 22, 2019
Department:
Administration
Attachments:
One Stop Shop Approach
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
Background Summary:
The City of Auburn has the opportunity to lease space in north Auburn to create a
consolidated social services hub. This briefing will update the City Council on current status of
services and future goals.
Rev iewed by Council Committees:
Councilmember:Staff:Hinman
Meeting Date:August 26, 2019 Item Number:
Page 20 of 60
Auburn Consolidated Resource Center
1
For the last decade City staff and elected officials have had a variety of conversations about the goal of
establishing a consolidated hub where disadvantaged members of our community could more efficiently
obtain a variety of community, social and human services. When the Sundown night shelter that was
located at Valley Cities was moved earlier this year back to the City-owned building in Veterans
Memorial Park, the Mayor resurrected the conversation by tasking staff with taking a look at available
property and buildings in Auburn that might offer an opportunity to make this goal come to reality. This
assignment has led to an opportunity to enter into a long term lease of approximately 23,000 square
feet of existing building space located at 2802-2818 Auburn Way North.
During the search for available space within the City, staff also visited and toured existing centers within
our region and identified the Together Center in Redmond, WA as a model to emulate (see attached
campus map or visit their website at https://www.togethercenter.org/). While the needs in Auburn are
not identical to the needs in Redmond, the vision of a resource hub where multiple services and service
providers are stationed is a desired format that would benefit our community. Auburn’s vision for this
hub includes the following:
• Relocating the day center located on I Street NE
• Moving the night shelter and increasing capacity from 30 beds to approximately 65 beds that
can be further expanded during inclement weather
• Providing a space for King County to fulfill their goal of establishing a once a week Community
Court in Auburn
• Providing a space for 20+ service providers to be present and available when court is in session
(e.g. addiction resources, housing placement, mental health providers, employment services,
etc.)
• When court is not in session, provide classroom, educational, and meeting spaces as well as
space for service providers to have temporary space on a regular recurring schedule
• Providing a space for emergency food services and to enhance opportunities to make healthier
food options more available
• Providing ongoing space to a handful of community, social and/or human service providers that
help further the mission of the hub and the individuals and families that rely upon those services
Proposed Lease Terms
City staff is in negotiations with the property owner on lease terms. Further discussion of terms can be
had in executive session.
This building is located in close proximity to DSHS, WorkSource, Sound Mental Health, We Care Day
Clinic, and Valley Cities. Additionally, a metro bus stop is located along Auburn Way North at this site.
The City has been presented with a great opportunity to turn a dream into something real. We are at a
pivotal moment and are eager to shift from researching property to the next phase of immediate needs
which include the following:
• Pursuing funding partners
• Pursuing potential tenants that can help offset rental costs
• Laying out building and site plans
• Proceeding with construction buildout
Page 21 of 60
Auburn Consolidated Resource Center
2
• Developing a business model (which is influenced by the tenant mix of service providers)
• Developing an ongoing service model
City Funding Support
The City Council approved $500,000 a year in the current biennial budget. The City has expended just
under $120,000 of that budget in 2019 and we expect to use some of those funds to help secure the
lease of the building for 2019 and 2020.
Other sources of funding will be sought via tenant rent, other public funding sources, philanthropy and
private funding.
Page 22 of 60
Together Center
B-4
B-5
B-6
B-7
B-8
B-9
B-10
B-12
B-11
B 1-B
6-B B-127-BB-9B-801-B11-B
/rekaB
Garibaldi
Room
smadA
mooR
3-B
C
3-C
2-C
1-C
C-3
Friends of Youth -
Education Services
A-5 A-10
A-1A-2
A-9
A-3
A-4
A-6
R a i n i e r
R o o m
A-7
Lobby
Annex
A-8
A
Enter A-6Here Enter A-1
Here
A-1
A-2
A-3
A-4
A-5
A-6
A-8
A-10
B-1
B-3
B-6
B-7
B-8
B-9
B-10
B-11
C-1
C-2
A Regional Coalition for Housing
(ARCH)
Information & Administration
Together Center
Advocate Office:
Lobby (free public phones)
Rainier Conference Room
Muslim Community Resouce Center
Friends of Youth-The Landing
Sound
HealthPoint DentalWA Autism Alliance & Advocacy
IKRON
Sound Generations
LWSD Transition Academy
HealthPoint Medical
Child Care Resources
Learning Disabilities
Association of Washington
Baker & Garibaldi Rooms
Kindering
Consejo Counseling & Referral Service
Public Health - Access & Outreach
C-3
Open Doors for
Multicultural Families
Alliance of People with disAbilities
City of Redmond Outreach Services
National Alliance on
Mental Illness Eastside
A-9
India Association of Western WA
(MCRC)
IKRON
Dept of Social & Health Services
Cascadia College Workforce Education
Lake WA Institute of Technology -
CISC/Eastside Cultural Navigator
Workforce Development
Page 23 of 60
kiddermathews.com
Jerome O’Leary
253.779.9292
joleary@kiddermathews.com
Recent Remodel: Fresh Façade, Roof, Etc. FOR LEASE
2802 Auburn Way N | Auburn, WA 98002Auburn Shops For Lease
Page 24 of 60
This information supplied herein is from sources we deem reliable. It is provided without any representation, warranty or guarantee, expressed or implied as to its accuracy. Prospective Buyer or Tenant should conduct an independent investigation
and verification of all matters deemed to be material, including, but not limited to, statements of income and expenses. Consult your attorney, accountant, or other professional advisor.
kiddermathews.com
Jerome O’Leary
253.779.9292
joleary@kiddermathews.com
2802 Auburn Way N | Auburn, WA 98002Auburn Shops For Lease
Features
Demographics
SPACE ±1,000 - 23,400 square feet
LOCATION 5 min from Hwy 167 (1.8 mi.)
SIGNAGE Building and pylon signage available
TRAFFIC
COUNTS
Auburn Way North visibility to 28,000 CPD
(2017)
ACCESS Excellent ingress and egress
PARKING Ample parking
DEMOS High daytime demographics
RATE $14.00-$16.00 per square foot, plus NNN
1 mile 3 miles 5 miles
Population 6,396 84,214 263,314
Average HH Income $53,950 $62,611 $60,819
2802 AUBURN WAY N
N
EMERALD DOWNS
AUBURN GOLF COURSE
AUBURN MUNICIPAL AIRPORT
Auburn Way N15th St NW
37th St NW
Page 25 of 60
This information supplied herein is from sources we deem reliable. It is provided without any representation, warranty or guarantee, expressed or implied as to its accuracy. Prospective Buyer or Tenant should conduct an independent investigation
and verification of all matters deemed to be material, including, but not limited to, statements of income and expenses. Consult your attorney, accountant, or other professional advisor.
kiddermathews.com
Jerome O’Leary
253.779.9292
joleary@kiddermathews.com
2802 Auburn Way N | Auburn, WA 98002Auburn Shops For Lease
AVAILABLE
±22,308 SF
Auburn Way N30th St NE28th St NEPage 26 of 60
AGENDA BILL APPROVAL FORM
Agenda Subject:
2019 Fireworks Report (Pierson) (20 Minutes)
Date:
August 16, 2019
Department:
Police
Attachments:
2019 Fireworks Report
4th of July Pres entation
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
Background Summary:
Rev iewed by Council Committees:
Councilmember:Staff:Pierson
Meeting Date:August 26, 2019 Item Number:
Page 27 of 60
AUBURN POLICE DEPARTMENT
2019
FIREWORKS REPORT
`
Page 28 of 60
AUBURN POLICE DEPARTMENT
Background
In 2019, the Auburn Police Department continued to maintain a “zero tolerance” policy on the possession
and/or discharge of illegal fireworks in the city. If officers were able to establish probable cause for either
possession or discharge of illegal fireworks, they were to cite the appropriate city code. If officers were unable
to establish probable cause for a particular individual, and fireworks were present, the fireworks were to be
confiscated for destruction.
Objectives
Objectives from 2018 were continued in 2019.
1. Continue efforts to improve communication and collaborative efforts with representatives from the
Muckleshoot Indian Tribe.
o Chief Pierson and Officer Gould have continued cultivating relationships with the Muckleshoot Tribe
through monthly meetings with the Muckleshoot Law and Order Committee. Latana Baker was the
Fireworks Commisioner and the primary contact for all issues related to fireworks.
o The Tribe communicated well with the City, giving advance notice of when vendor displays would take
place. The City was able to notify citizens of the event so they could plan accordingly.
o The Tribe continued with the same hours of operation for the stands as 2018, the stands and discharge
area were open until 2200 Sunday-Thursday and until 0000 on Friday and Saturday. The Tribe
maintained the hours of operation on July 4th to 0200 on July 5th. The Tribe continued their agreement
not to allow the discharge of fireworks at the stands after 0200 on July 5th.
2. Continue with an active Officer presence and enforcement in the neighborhoods with proactive fireworks
patrols and response to 911 complaints of fireworks.
o Fireworks emphasis patrols started this year on June 24th and ran through July 5th.
o APD maintained our deployment of 6 Officers and a Sergeant at the stands on July 4th.
o APD assigned one Sergeant and 6 officers to the north end of the city on July 4th between 1500 and
0100.
o APD assigned one Sergeant and 6 officers to the south end of the city on July 4th between 1500 and
0100.
o Two officers were assigned to the City Parks during the same hours on July 4th.
o Increase citzien awareness through four social media posts.
Page 29 of 60
AUBURN POLICE DEPARTMENT
Results
During the 2019 fireworks emphasis (excluding July 4th), 6 officers worked a total of 34 hours between
June 24th and July 5th. In 2018, 12 officers worked 78.5 hours between June 26th and July 5th. There were 17
hours and 3 shifts that went unfilled. Shifts went unfilled while officers worked overtime filling patrol shifts.
On July 4th, 14 Officers and two Sergeants were assigned to fireworks emphasis patrols throughout the city, a
decrease from 19 officers in 2018. Officers worked as two man units utilizing marked units increasing visibility
to the citizens. There were was only one unmarked vehicle used this year, which was utilized by the north end
sergeant. Two officers were assigned to the parks.
Six officers and one Sergeant were deployed to the fireworks stands for crowd control and a police presence in
the discharge area. Several thousand citizens patronized the stands throughout the day. There was one
significant injury and two minor injuries to patrons on the evening of July 4th. There was one significant firework
related injury at the stands during the week leading up to the holiday.
There were no reported injuries to officers this year.
The peak activity hours for firework related calls was between 9:00 p.m. and 12:00 a.m. Emphasis units secured
at 0100 and there were only 7 firework related calls between 0100 and 0800.
A request was made to APD to close the discharge area at approximately 10:00 P.M. when the stands sold out.
This decision created traffic problems as folks were traveling from neighboring cities to discharge fireworks at
the discharge area. As patrons left the discharge area and others were turned away, they relocated to parking
lots along Auburn Way S.
On June 29th, the Amphitheater hosted a concert the same night as the Casino’s firework show. This created
significant traffic issues in an out of the city by way of SR 164.
Page 30 of 60
AUBURN POLICE DEPARTMENT
4TH OF JULY - SNAPSHOT
There were a total of 172 fireworks-related calls for service between 1100 hours on July 4th through 0800
hours on July 5th.
Calls by District:
District 1 - 16
District 2 - 45
District 3 - 39
District 4 - 25
District 5 - 22
District 6 - 25
The calls by district numbers for the 4th of July, show the two highest districts as the 2 and the 3.
4TH OF JULY - OVER THE YEARS
Fireworks calls for activity between 1100 on 7/4 through 0800 on 7/5 for the past five years.
2014 2015 2016 2017 2018 2019
Calls for Service 128 153 114 181 154 172
0
20
40
60
80
100
120
140
160
180
200
2015 2016 2017 2018 2019
153
114
181
154
172
Calls for Service
Page 31 of 60
AUBURN POLICE DEPARTMENT
4TH OF JULY CALLS BY DISTRICT – OVER THE YEARS
CALLS FOR SERVICE – OTHER VALLEY AGENCIES
This chart shows Auburn in comparison to other valley cities. The numbers below represent fireworks-related
calls for service from 1100 on 7/4 to 0800 on 7/5.
1100 on 7/4/2019 to 0800 on
7/5/2019
Kent 174
Auburn 172
Renton 128
Federal
Way 126
Tukwila 57
17
43 43
18
14
18
8
29
26
16 16
1920
49
36
30
21
2524
34
13
30
19
34
16
45
39
25
22
25
0
10
20
30
40
50
60
Patrol District 1 Patrol District 2 Patrol District 3 Patrol District 4 Patrol District 5 Patrol District 6
Firework Calls by District
2015 2016 2017 2018 2019
Page 32 of 60
AUBURN POLICE DEPARTMENT
FIREWORK SEASON – OVER THE YEARS
Calls for service, cases, and arrests over the past five years are captured below.
6/1/2015
to
7/5/2015
6/1/2016
to
7/5/2016
6/1/2017
to
7/5/2017
6/1/2018
to
7/5/2018
6/1/2019
to
7/5/2019
Fireworks Calls for
Service 316 320 392 288 390
Cases Written 5 4 4 7 6
Arrests Made 4 2 2 8 6
2019
Patrol District 1 29
Patrol District 2 112
Patrol District 3 55
Patrol District 4 68
Patrol District 5 53
Patrol District 6 73
Page 33 of 60
AUBURN POLICE DEPARTMENT
MAP
Page 34 of 60
AUBURN POLICE DEPARTMENT
Confiscated Fireworks
Officers confiscated 3179 fireworks. This was an increase from 309 in 2018.
Page 35 of 60
AUBURN POLICE DEPARTMENT
Lessons Learned and The Plan for 2020
For 2019, the department again focused on areas that had the highest volume of firework complaints in the past
and shifted emphasis enforcement to those areas as needed.
For the third year in a row, VRFA shared our SpecOps channel, faciliting communications between police and fire.
Co-operation with the Tribe was again excellent. Tribal representatives for the stands were in constant
communication with the police department.
An emphasis was placed on patrolling the parks, which reduced the amount of firework debris left behind.
There was an emphasis placed on education leading up to the 4th. There were several social media posts made
regarding legal and illegal fireworks. This should not only continue in 2020, but be increased.
The discharge area was closed at about 2200 when the stands ran out of product. This created a traffic issues as
patrons relocated from the stands to parking lots along Auburn Way S.
In 2020 an effort should be made to keep the discharge area open long after the stands run out of product. This
will limit the amount of fireworks discharged in other parts of the city. The police Department will work with
engineering to improve the flow of traffic through the stand area on Auburn Way S. A sign or reader board letting
patrons know that the discharge area is closed and the stands are out of product could help limit some of the
confusion.
The parks are a popular location for discharging fireworks. Placing an emphasis on the parks takes officers away
from residential complaints. A partnership with parks should be formed in 2020 where park employees either
close or establish a presence within the parks.
Page 36 of 60
Commander
Dan O’Neil
Courage Honor Integrity Professionalism
Page 37 of 60
2019 Objectives
❑Zero Tolerance for possession and
discharge.
❑Continue efforts to improve
communication and collaborative efforts
with representatives from the
Muckleshoot Indian Tribe.
❑Proactive Fireworks Patrols
Courage Honor Integrity Professionalism
Page 38 of 60
Staffing
6 Officers worked 34 hours between June 24 th and July
5th.
6 Officers and 1 Sergeant were assigned to the
discharge area.
14 Officers and 2 Sergeants were assigned to city wide
emphasis.
2 Officers were assigned to cover the City parks.
Courage Honor Integrity Professionalism
Page 39 of 60
Calls for Service 1100-0800
July 4th to July 5th
Courage Honor Integrity Professionalism
0
20
40
60
80
100
120
140
160
180
200
2015 2016 2017 2018 2019
153
114
181
154
172
Calls for Service
Page 40 of 60
Calls by District
Courage Honor Integrity Professionalism
17
43 43
18
14
18
8
29
26
16 16
1920
49
36
30
21
2524
34
13
30
19
34
16
45
39
25
22
25
0
10
20
30
40
50
60
Patrol District 1 Patrol District 2 Patrol District 3 Patrol District 4 Patrol District 5 Patrol District 6
Firework Calls by District
2015 2016 2017 2018 2019
Page 41 of 60
Other Valley Cities
Auburn had a 12% increase from 2018 to 2019.
Courage Honor Integrity Professionalism
1100 on 7/4/17 to 0800
on 7/5/17
1100 on 7/4/18 to 0800
on 7/5/18
1100 on 7/4/19 to 0800
on 7/5/19
Auburn 181 154 172
Kent 297 193 174
Renton 31 131 128
Federal Way 120 156 126
Tukwila 42 45 57
Page 42 of 60
Arrests and Reports June Through
July 5th.
6/1/2015 to
7/5/2015
6/1/2016 to
7/5/2016
6/1/2017 to
7/5/2017
6/1/2018 to
7/5/2018
6/1/2019 to
7/5/2019
Fireworks Calls for Service 316 320 392 288 390
Cases Written 5 4 4 7 6
Arrests Made 4 2 2 8 6
Courage Honor Integrity Professionalism
Page 43 of 60
Year by Year Comparison June 1st
Through July 5th.
Courage Honor Integrity Professionalism
District 2018 2019
Patrol District 1 33 29
Patrol District 2 64 112
Patrol District 3 35 55
Patrol District 4 54 68
Patrol District 5 33 53
Patrol District 6 70 73
Page 44 of 60
Fireworks Confiscated
3179 Separate fireworks confiscated.
Courage Honor Integrity Professionalism
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Results
Stands were closed around 2200.
No Officer Injuries this year.
Peak activity hours were 2100 and 0000
There was an emphasis on Education. Several
social media posts leading up to the 4th.
Minimal debris in the city parks.
Courage Honor Integrity Professionalism
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Plan for 2019
More advertising and education (Social Media, Press
Release)
Partnership with Parks to close and lock the Parks at dark.
Keep the discharge area open even after the stands run out
of product so that there is a designated place to discharge
fireworks.
Potential reader board letting patrons know when the
discharge area is closed.
Encourage private property owners to use barricades to
close access to parking lots.
Courage Honor Integrity Professionalism
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Courage Honor Integrity Professionalism
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AGENDA BILL APPROVAL FORM
Agenda Subject:
IT Update (Travis) (20 Minutes)
Date:
August 20, 2019
Department:
Information Services
Attachments:
IT Update Presentation
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
Background Summary:
Rev iewed by Council Committees:
Councilmember:Staff:Travis
Meeting Date:August 26, 2019 Item Number:
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Innovation & Technology
City Council Update
August 2019
David Travis
Director
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Department Changes
Created a new Business Success Team
–Business Systems Analysts
–Integrate into Business Units
–Technology Advocates
–Business Unit Core Software Focused
–Vendor Liaisons
–Business Unit Process Improvement
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Department Changes
Created a new Technical Services Team
–Focuses on Supporting the IT Environment
–Workstation and Mobile Device Management
–Incident and Service Request Triage
–Infrastructure Stability and Resiliency
–Systems Security Management
–Cyber Defense and Intrusion Detection
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Department Changes
Created a new Temporary Project Lead
–Focuses on Project Success
–Coordinates with Business Units and Analysts
–Sets Project Timelines
–Allocates appropriate resources
–Works with Vendors on acceptance criteria
–Makes sure that all the right people are in the room
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Automation
Service Level Agreement Management
New Employee On-Boarding Process
Business Systems Analysts Notification
Business Unit Assignment Process
On-Call Triage Notification Process
Event Actions with Artificial Intelligence
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Major Active Projects
Hyper-Converged Infrastructure Project
Network Topology and Design Project
Website Content Filtering Project
eTRAKiT Online Permits Project
Security Camera Expansion Project
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Any Questions?
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Thank You
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AGENDA BILL APPROVAL FORM
Agenda Subject:
Matrix
Date:
August 22, 2019
Department:
City Council
Attachments:
Special Focus Area Key
Matrix
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
Background Summary:
Rev iewed by Council Committees:
Councilmember:Staff:
Meeting Date:August 26, 2019 Item Number:
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SPECIAL FOCUS AREAS
COMMUNITY WELLNESS
FINANCE, TECHNOLOGY,
& ECONOMIC
DEVELOPMENT
PUBLIC WORKS & COMMUNITY
DEVELOPMENT
MUNICIPAL SERVICES
PUBLIC HEALTH AND WELLNESS
COMMUNITY & NEIGHBORHOOD SERVICES
HOMELESSNESS & HOMELESSNESS
PREVENTION
HOUSING QUALITY, AFFORDABILITY
& ATTAINABILITY
HUMAN & SOCIAL SERVICES
DOMESTIC VIOLENCE SERVICES
COMMUNITY EQUITY
EQUIPMENT RENTAL
FACILITIES
INNOVATION & TECHNOLOGY
CITY REAL PROPERTY
BUSINESS DEVELOPMENT
SISTER CITIES INTERNATIONAL
UTILITIES
TRANSPORTATION
SUSTAINABILITY
ENVIRONMENTAL PROTECTION
CULTURAL ARTS & PUBLIC ARTS
PLANNING & ZONING
PERMITS & DEVELOPMENT
RIGHT OF WAY MANAGEMENT
AIRPORT
AIRPORT BUSINESS
POLICE
SCORE JAIL
DISTRICT COURT
PARKS & RECREATION
ANIMAL CONTROL
SOLID WASTE
ENERGENCY PLANNING
MULTIMEDIA
CEMETERY
Councilmember Trout-Manuel, Chair Councilmember Wales, Chair Councilmember DaCorsi, Chair Councilmember Brown, Chair
Councilmember DaCorsi, Vice Chair Councilmember Holman, Vice Chair Councilmember Baggett, Vice Chair Deputy Mayor Peloza, Vice Chair
2019 MEETING DATES 2019 MEETING DATES 2019 MEETING DATES 2019 MEETING DATES
February 11, 2019 February 25, 2019 January 14, 2019 January 28, 2019
April 8, 2019 April 22, 2019 March 11, 2019 March 25, 2019
June 10, 2019 June 24, 2019 May 13, 2019 May 27, 2019
August 12, 2019 August 26, 2019 July 8, 2019 July 22, 2019
October 14, 2019 October 28, 2019 September 9, 2019 September 23, 2019
December 9, 2019 December 23, 2019 November 12, 2019 November 25, 2019
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Updated 08-19-2019
NO.TOPIC Chair STAFF LEAD(S)STUDY SESSION REVIEW
DATE(S)
COUNCIL DISCUSSION
SUMMARY ACTION DATE
1 Auburn Avenue Theater Chair DaCorsi
Vice Chair Baggett Director Faber 9/9/2019
2 Vision 2050 PSRC Chair DaCorsi
Vice Chair Baggett Director Tate 9/9/2019
3 Metro Bus Barn Site Chair DaCorsi
Vice Chair Baggett
Director Gaub
Director Tate TBD
4 Funding Options Chair Wales
Vice Chair Holman Director Thomas Ongoing
5 No Smoking or Vaping in City
Parks
Chair Brown
Vice Chair Peloza
Chief Pierson
Director Faber
10/14/2019
6 Fireworks Update Chair Brown
Vice Chair Peloza Chief Pierson 8/26/2019
COUNCIL MATRIX
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