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Home My WebLink About08-17-2020 CITY COUNCIL AGENDACity Council Meeting August 17, 2020 - 7:00 P M Virtual AGE ND A Watch the meeting L IV E ! Watch the meeting video Meeting videos are not available until 72 hours after the meeting has concluded. I .C AL L T O O RD E R I I .Virtual P articipation L ink 1.Virtual Participation L ink T he A uburn City Council Meeting scheduled f or Monday, A ugust 17, 2020 at 7:00 p.m. will be held virtually and telephonically. To attend the meeting virtually please click the link or enter the meeting I D into the Z oom app or call into the meeting at the phone number listed below. P er the Governor's E mergency P roclamation 20-28, the City of Auburn is prohibited from holding an in-person meeting at this time. City of Auburn R esolution No. 5533, designates City of A uburn meeting locations f or all C ouncil, B oard and C ommission meetings as virtual. A ll meetings will be held virtually and telephonically until K ing C ounty enters into P hase 3 of Governor I nslee’s S af e S tart — Washington’s Phased Reopening plan. T he link to the Virtual Meeting or phone number to listen to the Council Meeting is: J oin from a P C, Mac, iP ad, iP hone or Android device: P lease click this UR L to join. https://zoom.us/j/96360616880 O r join by phone: 253 215 8782 877 853 5257 (Toll F ree) Webinar I D : 963 6061 6880 Page 1 of 38 A.P ledge of Allegiance B.Roll Call I I I .ANNO UNC E M E NT S, P RO C L AM AT IO NS , AND P RE S E NTAT IO NS A.P roclamation in Honor of the 100th Anniversary of the 19th A mendment to the United S tates C onstitution Mayor B ackus to proclaim the 100th anniversary of the 19th A mendment to the United S tates C onstitution in the City of A uburn I V.AG E ND A M O D I F IC AT I O NS V.NE W B US INE S S V I .C I T I ZE N INP UT, P UB L I C HE ARI NG S AND C O RRE S P O ND E NC E A.P ublic Hearings - (No public hearing is scheduled for this evening.) B.Audience P articipation Thi s i s the place on the agenda where the public is invited to speak to the City Counci l on any issue. 1.Virtual Participation P articipants can submit written comments via mail, fax or email. A ll written comments must be received prior to 7:00 p.m. on the day of the scheduled meeting and must be 350 words or less. P lease mail comments to: City of Auburn A ttn: S hawn Campbell, C ity C lerk 25 W Main St A uburn, W A 98001 P lease fax comments to: A ttn: S hawn Campbell, C ity C lerk F ax number: 253-804-3116 E mail comments to: scampbell@auburnwa.gov C .C orrespondence - (T here is no correspondence for Council review.) V I I .C O UNC IL AD HO C C O M M IT T E E RE P O RT S C ouncil Ad Hoc C ommittee Chairs may report on the status of their ad hoc Council C ommittees' progress on assigned tasks and may give their recommendation to the C ity Council, if any. 1.F inance A d Hoc Committee (Chair B aggett) Page 2 of 38 V I I I .C O NS E NT AG E ND A All matters l isted on the Consent Agenda are considered by the City Council to be routine and wi ll be enacted by one moti on in the form listed. A.Minutes of the J uly 27, 2020 and A ugust 10, 2020 Study S ession B.Minutes of the A ugust 3, 2020 Regular Council Meeting C .C laim Vouchers (T homas) C laim voucher list dated August 17, 2020 which includes voucher numbers 459807 through 460033 in the amount of $3,533,684.41 and four wire transfers in the amount of $504,542.26 D .P ayroll Vouchers (Finance) P ayroll check numbers 538958 through 538964 in the amount of $76,054.85 and electronic deposit transmissions in the amount of $2,143,550.63, and a void check number 538955 in the amount of ($498.33) for a grand total of $2.219,107.15 for the period covering J uly 30, 2020 to A ugust 12, 2020 (RE C O M M E ND E D AC T IO N: M ove to approve the C onsent Agenda.) I X.UNF I NI S HE D B US I NE S S X .O RD I NANC E S A.Ordinance No. 6784 (Comeau) A n O rdinance repealing Chapter 9.08 of the Auburn City Code (A C C), relating to aggressive begging (RE C O M M E ND E D AC T IO N: M ove to adopt Ordinance No. 6784.) X I .RE S O L UT IO NS A.R esolution No. 5538 (Gaub) A R esolution setting a P ublic Hearing to consider the Vacation of Right-of -Way of G S treet NE , S outh of South 277th S treet (RE C O M M E ND E D AC T IO N: M ove to adopt Resolution No. 5538.) B.R esolution No, 5541 (Tate) A R esolution authorizing the Mayor to transfer funds collected under the Affordable and S upportive Housing L ocal Sales and Use Tax A ct and C ity of A uburn Ordinance No. 6732 to the S outh King Housing and Homelessness P artners (S K HHP ) (RE C O M M E ND E D AC T IO N: M ove to adopt Resolution No. 5541.) Page 3 of 38 X I I .M AY O R AND C O UNC I L M E M B E R RE P O RT S At this ti me the Mayor and City Council may report on significant i tems associated with their appoi nted positions on federal, state, regional and local organi zations. A.Fr om the Council B.Fr om the M ayor X I I I .AD J O URNM E NT Agendas and minutes are available to the public at the City Clerk's Office, on the City website (http://www.auburnwa.gov), and via e-mail . Complete agenda packets are available for revi ew at the City Clerk's Office. Page 4 of 38 AGENDA BILL APPROVAL FORM Agenda Subject: Minutes of the July 27, 2020 and August 10, 2020 Study Session Date: August 11, 2020 Department: City Council Attachments: 07-27-2020 Minutes 08-10-2020 Minutes 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 17, 2020 Item Numb er:CA.A Page 5 of 38 City Council S tudy Session F inance, Technology and Economic Dev elopment Special F ocus Area J uly 27, 2020 - 5:30 P M Virtual MINUT E S Watch the meeting L IV E ! Watch the meeting video Meeting videos are not available until 72 hours after the meeting has concluded. I .C A L L TO O R D E R D eputy Mayor D aCorsi called the meeting to order at 5:30 p.m. in the Council C hambers of Auburn C ity Hall, 25 West Main S treet in Auburn. I I .Virtual P articipation L ink A.Virtual P articipation L ink The City Council Meeting was held virtually in the Council Chambers. B.R oll Call Councilmembers virtually present: D eputy Mayor Claude D aCorsi, B ob B aggett, L arry Brown, J ames J eyaraj, Robyn Mulenga, Chris S tearns and Yolanda Trout-Manuel. Mayor Nancy Backus and the following department directors and staf f members were present: I nnovation and Technical S upport S pecialist Danika Olson, Director of I nnovation & Technology David Travis, C hief of P olice D an O’Neil and City Clerk S hawn Campbell. T he following department directors and staf f members attended the meeting virtually: Assistant C ity A ttorney Doug Ruth, Director of Community D evelopment J eff Tate, D irector of Finance J amie T homas, Director of A dministration Dana Hinman, Director of Parks, A rts, and Recreation Daryl F aber, Director of Public Works I ngrid G aub, D irector of Human R esources and Risk Management C andis Martinson, Economic Development Manager Doug L ein, O utreach Program A dministrator Kent Hay and Code C ompliance S upervisor Chris B arack. I I I .A NNO UNC E ME NT S , R E P O RT S , A ND P R E S E NTAT I O NS T here were no announcements, reports or presentations. Page 1 of 3Page 6 of 38 I V.A G E ND A I T E MS F O R C O UNC I L D I S C US S I O N A.Ordinance No. 6781 (Tate)(20 Minutes) A n Ordinance relating to camping and occupying public property, and amending C hapters 2.22.210, 2.22.220, 9.50.020, 9.78.010, 12.32.020, 13.12.020 and 13.48.170 and adding a new section to C hapter 9.50 of the A uburn City Code Director Tate provided a brief description of why the City is bringing the camping ordinance forward. He explained the options offered by the C ity for people who need assistance. T he proposed ordinance clarifies overnight camping is not permitted in parks, unless it is a campground or an approved event, it prohibits camping on C ity owned property, blocking a sidewalk and damage or trespass on City utilities. T hese interactions would also help the City identif y and provide appropriate services to people in need of shelter. Council discussed legal decisions that relate to this ordinance, people's right to privacy, who to contact within the C ity when there are people camping on C ity property, concerns that brought about the proposed ordinance, assistance f or sheltering f or various needs, what allows for permit camping in a park, methods to report violations, consequences if people refuse to leave the public land, f ines f or non-compliance and specif ic roles f or assistance. C ouncil requested Outreach and Program A dministrator Hay report back on his progress with providing assistance and services to the homeless and the ordinance be brought back to Council with some additional changes. Mayor Backus stated this ordinance does in no way criminalize homelessness, it does hold people accountable for their decisions and there are community service options versus paying monetary fines. A ttorney Ruth also advised C ouncil that a f ine would have a $250.00 maximum, but it is at the J udge’s discretion to waive or reduce a f ine. 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.S mall B usiness Recovery Grant P rogram Update (Hinman)(15 Minutes) C ouncilmember B aggett presided over this section of the meeting. Manager L ein provided Council with an update of the Grant P rogram. He described the funds distributed for personal protective equipment, the criteria for accessing f unds and steps taken to help businesses apply. Council discussed businesses closing due to the shutdown and the number of businesses in Auburn. Page 2 of 3Page 7 of 38 B.B udget Ref resher (T homas)(120 Minutes) Director T homas provided Council with a budget introduction. C ouncilmember B aggett called for a 5-minute recess at 6:44 p.m. T he meeting reconvened at 6:48 p.m. Director T homas reviewed the dif f erence between an annual budget and the biennial budget, budget priorities, budget development, funds overview, review of the budget calendar, property taxes, the elements of the budget document and the budget challenges. C ouncil discussed how to sustain the budget, ways to increase f unding and the options of raising taxes. V I .O T HE R D I S C US S I O N I T E MS T here were no other discussion items. V I I .NE W B US I NE S S T here was no new business. V I I I .A D J O UR NME NT T here being no f urther business to come before the C ouncil, the meeting was adjourned at 7:58 p.m. A P P R O V E D this 17th day of August, 2020. _______________________________ ______________________ C L A UD E D A C O R S I , D E P UT Y MAYO R S hawn Campbell, C ity C lerk Agendas and minutes are available to the public at the City Clerk's Office, on the City website (http://www.auburnwa.gov), and via e-mail . Complete agenda packets are available for revi ew at the City Clerk's Office. Page 3 of 3Page 8 of 38 City Council Study Session P W C D S FA August 10, 2020 - 5:30 P M Virtual MINUT E S Watch the meeting L IV E! Watch the meeting video Meeting videos are not available until 72 hours after the meeting has concluded. I .C A L L TO O R D E R Deputy Mayor DaCorsi called the meeting to order at 5:30 p.m. in the Council Chambers of Auburn City Hall, 25 West Main Street in A uburn. I I .Virtual Participation L ink A .Virtual Participation L ink The City Council Meeting was held virtually in the Council Chambers. B .Roll Call Councilmembers virtually present: Deputy Mayor Claude DaCorsi, B ob B aggett, L arry Brown, J ames J eyaraj, Robyn Mulenga, Chris S tearns and Yolanda Trout-Manuel. The following department directors and staff members were present: I nnovation and Technical Support S pecialist Danika Olson, Chief of Police Dan O’Neil and Deputy City Clerk Teresa Mattingly. The following department directors and staff members attended the meeting virtually: City Attorney Kendra Comeau, Director of P ublic Works I ngrid Gaub, A ssistant Director of E ngineering Services J acob Sweeting, Capital and Construction E ngineering Manager Ryan Vondrak, Traffic Operations Engineer Scott Nutter, Water Utility Engineer Susan Fenhaus, S enior Transportation Planner Cecile Malik and Sewer Utility Engineer Robert E lwell. I I I .A G E ND A I T E MS F O R C O UNC I L D I S C US S I O N A .Ordinance No. 6784 (Comeau)(10 Minutes) A n Ordinance repealing Chapter 9.08 of the Auburn City Code (A C C), relating to aggressive begging City Attorney Comeau provided Council with information on repealing Chapter 9.08 of the A uburn City Code associated with aggressive begging. Page 1 of 3Page 9 of 38 Council discussed how panhandling will be handled at freeway ramps, how aggressive begging violations will be enforced, Chapter 9.08 will be repealed and not replaced. T hey thanked Chief O'Neil and City A ttorney Comeau for their work. Chief O'Neil explained A uburn P olice Officers are trying to get panhandlers and aggressive beggars help through available resources versus citing or arresting them for violations. I V.P UB L I C W O R K S A ND C O MMUNI T Y D E V E L O P ME NT D I S C US S I O N I T E MS A .Capital P rojects S tatus Report and F eature P roject (Gaub)(15 Minutes) Councilmember B rown presided over this section of the meeting. Director Gaub introduced Manager Vondrak and Engineer Nutter who provided Council with an update on the Capital P roject S tatus. Manager Vondrak reviewed active Capital P rojects, the number of Capital Projects advertised for construction from 2017 through 2020, upcoming construction projects and project prioritization. E ngineer Nutter reviewed the Citywide Streetlight L E D Conversion Feature Project and discussed the purpose and benefits of the L E D conversion. He also discussed the project cost and expected savings on reduced electric power and reduced maintenance costs. Council discussed the options of using solar lighting and requested adding the General Contractor and the Engineer of Record names to the Capital P roject reports. B .Discuss Hudson Payback A greements (Ordinances 6770, 6771 and 6772) (Gaub)(15 Minutes) Director Gaub introduced Senior Transportation P lanner Cecile Malik and S ewer Utility E ngineer Robert E lwell who provided Council with an update on the Hudson P ayback Agreements. E ngineer E lwell explained what a payback agreement is, the purpose of the payback agreement with Hudson D C T for the water, sewer, and traffic improvements with the development of their distribution center. E ngineer Fenhaus, E ngineer E lwell and Planner Malik reviewed the Hudson water, sewer and street payback agreements, benefited properties and the payback process. Council discussed when the public hearing will take place and the approval process for Hudson to develop at this location. V.O T HE R D I S C US S I O N I T E MS There were no other discussion items. Page 2 of 3Page 10 of 38 V I .NE W B US I NE S S There was no new business. V I I .A D J O UR NME NT There being no further business to come before the Council, the meeting was adjourned at 6:26 p.m. A P P R O V E D this 17th day of August, 2020. ________________________________ ____________________________ C L A UD E D A C O R S I , D E P UT Y MAYO R Teresa Mattingly, Deputy City Clerk 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 3 of 3Page 11 of 38 AGENDA BILL APPROVAL FORM Agenda Subject: Minutes of the August 3, 2020 Regular Council Meeting Date: August 11, 2020 Department: City Council Attachments: 08-03-2020 Minutes 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 17, 2020 Item Numb er:CA.B Page 12 of 38 City Council Meeting August 3, 2020 - 7:00 P M VIRT UA L MINUT E S Watch the meeting L IV E ! Watch the meeting video Meeting videos are not available until 72 hours after the meeting has concluded. I .C AL L T O O RD E R I I .Virtual P articipation L ink 1.Virtual Participation L ink T he C ity C ouncil Meeting was held virtually in the Council C hambers. A.P ledge of Allegiance Mayor Nancy B ackus called the meeting to order at 7:00 p.m. in the C ouncil Chambers of Auburn City Hall, 25 West Main S treet in A uburn and led those in attendance in the P ledge of A llegiance. B.Roll Call C ouncilmembers virtually present: Deputy Mayor C laude DaC orsi, Bob B aggett, J ames J eyaraj, Robyn Mulenga, Chris S tearns and Yolanda Trout-Manuel. Councilmember L arry Brown was excused. Mayor Nancy B ackus and the f ollowing department directors and staff members were present: I nnovation and Technical Support S pecialist D anika O lson, C hief of P olice Dan O ’Neil and City Clerk S hawn C ampbell. The f ollowing department directors and staff members attended the meeting virtually: C ity A ttorney D an Heid, D irector of P ublic Works I ngrid Gaub, Director of C ommunity D evelopment J ef f Tate, D irector of A dministration Dana Hinman, R eal P roperty Analyst J osh A rndt, A ssistant D irector of I nnovation and Technology Ashley Riggs, Director of F inance J amie T homas, Director of Human R esources and Risk Management C andis Martinson and D irector of I nnovation & Technology D avid Travis. I I I .AG E ND A M O D I F IC AT I O NS A motion to continue allowing remote participation in Council meetings until K ing C ounty enters P hase Three of Governor I nslee’s S afe S tart — Washington’s P hased R eopening plan has been added as item G to the consent agenda. Page 1 of 5Page 13 of 38 I V.NE W B US INE S S There was no new business. V.C I T I ZE N INP UT, P UB L I C HE ARI NG S AND C O RRE S P O ND E NC E A.P ublic Hearings - (No public hearing is scheduled for this evening.) B.Audience P articipation Thi s i s the place on the agenda where the public is invited to speak to the City Counci l on any issue. 1.Virtual Participation J ulien L oh, Puget Sound E nergy L ocal Government A ffairs Manager Mr. L ow expressed his support regarding the Puget S ound Energy (P S E) f ranchise agreement. B ob Z immerman, 33029 46th Place South Mr. Z immerman expressed his concerns about saf ety standards. C .C orrespondence Mayor B ackus shared a letter f rom J ulien L oh, L ocal Government A f f airs Manager f or P uget S ound Energy (P S E ) regarding the f ranchise agreement with the C ity of A uburn. Mr. L oh stated that P S E has not disconnected customers for non-payment, they received approval to waive late f ees and have multiple bill payment assistance programs available. Mr. L oh requested Council approve the franchise agreement. V I .C O UNC IL AD HO C C O M M IT T E E RE P O RT S C ouncil Ad Hoc C ommittee Chairs may report on the status of their ad hoc Council C ommittees' progress on assigned tasks and may give their recommendation to the C ity Council, if any. 1.F inance A d Hoc Committee (Chair B aggett) C ouncilmember Baggett, C hair of the F inance ad hoc committee, reported he and Councilmember Stearns have reviewed the claims and payroll vouchers described on the C onsent Agenda this evening and recommended their approval. Page 2 of 5Page 14 of 38 V I I .C O NS E NT AG E ND A All matters l isted on the Consent Agenda are considered by the City Council to be routine and wi ll be enacted by one moti on in the form listed. A.Minutes of the J uly 20, 2020 Regular Council Meeting B.C laim Vouchers (T homas) C laim voucher list dated August 3, 2020 which includes voucher numbers 459516 through 459806 in the amount of $1,221,148.93 and five wire transf ers in the amount of $745,060.05 C .P ayroll Vouchers (Thomas) P ayroll check numbers 538951 through 538957 in the amount of $542,265.35 and electronic deposit transmissions in the amount of $1,943,124.70, for a grand total of $2,485,390.05 for the period covering J uly 15, 2020 to J uly 29, 2020 D .S et P ublic Hearing D ate for O rdinance No. 6770 C ity C ouncil to set date for P ublic Hearing f or Ordinance No. 6770 f or the Hudson D C T S ewer P ayback Agreement No. P B K18-0002 E.S et P ublic Hearing D ate for O rdinance No. 6771 C ity C ouncil to set date for P ublic Hearing f or Ordinance No. 6771 Hudson D C T Water Payback A greement No. P B K 18-0003 F.S et P ublic Hearing D ate for O rdinance No. 6772 S et date f or P ublic Hearing for O rdinance No. 6772 Hudson D C T S treet Payback A greement No. P B K 18-0004 G.C ity C ouncil to suspend Council R ules of P rocedure 3.1(H), 4.1, 10.1, 11.2(B) and 16.1 that were amended on May 27, 2020 during the City Council Meeting through when K ing C ounty enters P hase three of Governor I nslee’s S afe S tart — Washington’s P hased R eopening plan and allow the virtual and telephonic participation in Council meetings D eputy Mayor DaC orsi moved and Councilmember B aggett seconded to approve the consent agenda. MO T I O N C A R R I E D UNA NI MO US LY. 6-0 V I I I .UNF I NI S HE D B US I NE S S There was no unfinished business. Page 3 of 5Page 15 of 38 I X.O RD I NANC E S A.Ordinance No. 6775 (Gaub) A n O rdinance authorizing Franchise Agreement No. F R N20-0002 with Puget Sound E nergy for their E lectric Utility D eputy Mayor DaC orsi moved and Councilmember S tearns seconded to adopt O rdinance No. 6775. MO T I O N C A R R I E D UNA NI MO US LY. 6-0 X .RE S O L UT IO NS A.R esolution No. 5535 (Hinman) A R esolution authorizing the Mayor to grant an easement to K ing C ounty across a portion of Game F arm W ilderness Park for river protection purposes C ouncilmember Stearns moved and Councilmember J eyaraj seconded to adopt Resolution No. 5535. MO T I O N C A R R I E D UNA NI MO US LY. 6-0 B.R esolution No. 5539 (O'Neil) A Resolution approving the amended and restated I nterlocal C ooperative Agreement between the Washington S tate P atrol, Pierce County Sheriff’s O f f ice, King C ounty P rosecutor ’s Office, and the municipalities of Auburn, B onney L ake, F ederal Way, L akewood, Tacoma, and Tukwila for the creation of the P uget S ound A uto T heft Task- Force C ouncilmember Stearns moved and Councilmember J eyaraj seconded to adopt Resolution No. 5539. MO T I O N C A R R I E D UNA NI MO US LY. 6-0 C .R esolution No.5540 (O'Neil) A R esolution authorizing the Chief of Police to Enter an I nterlocal A greement with the K ing C ounty S heriff’s Office C ouncilmember J eyaraj moved and C ouncilmember Trout-Manuel seconded to adopt R esolution No. 5540. MO T I O N C A R R I E D UNA NI MO US LY. 6-0 X I .M AY O R AND C O UNC I L M E M B E R RE P O RT S At this ti me the Mayor and City Council may report on significant i tems associated with their appoi nted positions on federal, state, regional and local organi zations. A.Fr om the Council D eputy Mayor DaC orsi reported he attended a K ing County A ffordable Page 4 of 5Page 16 of 38 Housing meeting. C ouncilmember Trout-Manuel reported she attended a S ound C ity A ssociation training and a King County L aw and J ustice Committee meeting. C ouncilmember Stearns reported he attended a Water R esource I nventory A rea 9 (W R I A9) meeting. B.Fr om the M ayor Mayor B ackus reported the C ity, A uburn P olice D epartment and King C ounty S heriff honored the five young men who came to the aid of K ing C ounty Deputy E lliot. Mayor B ackus reminded everyone to social distance, mask up and wash their hands. She also shared the City of Auburn statistics f or C O V I D-19. X I I .AD J O URNM E NT There being no further business to come bef ore the Council, the meeting was adjourned at 7:34 p.m. A P P R O V E D this 17th day of A ugust, 2020. _____________________________ ____________________________ NA NC Y B A C K US , MAYO R Shawn C ampbell, City Clerk Agendas and minutes are available to the public at the City Clerk's Office, on the City website (http://www.auburnwa.gov), and via e-mail . Complete agenda packets are available for revi ew at the City Clerk's Office. Page 5 of 5Page 17 of 38 AGENDA BILL APPROVAL FORM Agenda Subject: Claim Vouchers (Thomas) Date: August 12, 2020 Department: Finance Attachments: No Attachments Av ailable Budget Impact: Current Budget: $0 Proposed Revision: $0 Revised Budget: $0 Administrativ e Recommendation: Approve Claim Vouchers. Background Summary: Claim voucher list dated August 17, 2020 which includes voucher numbers 459807 through 460033 in the amount of $3,533,684.41 and f our wire transfers in the amount of $504,542.26. Rev iewed by Council Committees: Councilmember:Staff:Thomas Meeting Date:August 17, 2020 Item Number:CA.C Page 18 of 38 AGENDA BILL APPROVAL FORM Agenda Subject: Payroll Vouchers (Finance) Date: August 12, 2020 Department: City Council Attachments: No Attachments Av ailable Budget Impact: Current Budget: $0 Proposed Revision: $0 Revised Budget: $0 Administrativ e Recommendation: Approve Payroll Vouchers. Background Summary: Payroll check numbers 538958 through 538964 in the amount of $76,054.85 and electronic deposit transmissions in the amount of $2,143,550.63, and a void check number 538955 in the amount of ($498.33) for a grand total of $2.219,107.15 for the period covering July 30, 2020 to August 12, 2020. Rev iewed by Council Committees: Councilmember:Staff:Finance Meeting Date:August 17, 2020 Item Number:CA.D Page 19 of 38 AGENDA BILL APPROVAL FORM Agenda Subject: Ordinance No. 6784 (Comeau) Date: August 12, 2020 Department: City Council Attachments: ORD 6784 Budget Impact: Current Budget: $0 Proposed Revision: $0 Revised Budget: $0 Administrativ e Recommendation: City Council to adopt Ordinance No. 6784. Background Summary: Chapter 9.08 of the A uburn C ity C ode makes certain conduct associated with aggressive begging (intimidation, deceptive practices and impeding traf f ic) a misdemeanor. However, the Washington State Supreme Court recently ruled in City v. Wil li s, 86 W n.2d 210, 375 P.3d 1056 (2016), that similar provisions in another Western Washington’s municipal code prohibiting begging at freeway ramps and other major intersections were f acially overbroad. I n light of the City v. Willis decision, and af ter reviewing its own code, the City Attorney’s Of f ice has determined that the police and prosecutor can address more egregious conduct through other codes, and it is appropriate to repeal Chapter 9.08 ACC. Rev iewed by Council Committees: Councilmember:Staff:Comeau Meeting Date:August 17, 2020 Item Number:ORD.A Page 20 of 38 -------------------------------- Ordinance No. 6784 August 4, 2020 Page 1 of 3 Rev. 2019 ORDINANCE NO. 6784 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, REPEALING CHAPTER 9.08 OF THE AUBURN CITY CODE (ACC), RELATING TO AGGRESSIVE BEGGING. WHEREAS, Auburn City Code (ACC), specifically Chapter 9.08 ACC, contains language making certain conduct associated with aggressive begging – intimidation, deceptive practices and impeding traffic – a misdemeanor and provides for penalties for violations thereof; and WHEREAS, in connection with similar code provisions in another Western Washington city, the State Supreme Court ruled, in City v. Willis, 86 Wn.2d 210, 375 P.3d 1056 (2016), that provisions of that city’s disorderly conduct ordinance - prohibiting begging at freeway ramps and at major intersections - were facially overbroad; and WHEREAS, since City v. Willis, the Auburn Prosecutors and Police have assessed how this court decision could affect conduct falling within the parameters of the City of Auburn, and Auburn Prosecutors and Police believe that notwithstanding the limitations that would stem from the City v. Willis decision, the Prosecutors and Police can address the more egregious conduct that falls within Chapter 9.08 of the City Code through other codes; and WHEREAS, in light of the City v. Willis decision and the strategies able to be employed by City Prosecutors and Police, it is appropriate to repeal the provisions of Chapter 9.08 ACC. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN as follows: Page 21 of 38 -------------------------------- Ordinance No. 6784 August 4, 2020 Page 2 of 3 Rev. 2019 Section 1. Repeal of Chapter in City Code. Chapter 9.08 ACC is repealed. Section 2. Implementation. The Mayor is authorized to implement those administrative procedures necessary to carry out the directives of this legislation. Section 3. Severability. The provisions of this Ordinance are declared to be separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this Ordinance, or the invalidity of the application of it to any person or circumstance, will not affect the validity of the remainder of this Ordinance, or the validity of its application to other persons or circumstances. Section 4. Effective date. This Ordinance will take effect and be in force five days from and after its passage, approval, and publication as provided by law. INTRODUCED: _______________ PASSED: ____________________ APPROVED: _________________ ____________________________ NANCY BACKUS, MAYOR ATTEST: ____________________________ Shawn Campbell, MMC, City Clerk APPROVED AS TO FORM: ____________________________ Kendra Comeau, City Attorney Published: ____________________ Page 22 of 38 -------------------------------- Ordinance No. 6784 August 4, 2020 Page 3 of 3 Rev. 2019 CITY CODE TEXT BEING REPEALED Chapter 9.08 AGGRESSIVE BEGGING Sections: 9.08.010 Aggressive begging. 9.08.010 Aggressive begging. A. It is unlawful for any person to engage in aggressive begging in any public place in the city, as those terms are defined by this section. B. As used in this section: 1. “Aggressive begging” shall mean: (a) begging with intent to intimidate another person into giving money or goods; (b) begging with use of false, misleading information; (c) begging with or involving activities that are unsafe or dangerous to any person or property, or begging at locations or in a manner that threatens the safety of persons or property, or that impedes or threatens to impede pedestrian or vehicular traffic; (d) begging in a manner that exploits children; or (e) willfully providing or delivering, or attempting to provide or deliver, unrequested or unsolicited services or products with a demand or exertion of pressure for payment in return. 2. “Begging” shall mean asking for money or goods as a charity, whether by words, bodily gestures, signs or other means. 3. “To intimidate” shall mean to coerce or frighten into submission or obedience, or to engage in conduct which would make a reasonable person fearful or feel compelled. 4. “Public place” shall mean: (a) any public road, alley, lane, parking area, sidewalk, or other publicly owned building, facility or structure; (b) any public playground, school ground, recreation ground, park, parkway, park drive, park path or right-of-way open to the use of the public; or (c) any privately owned property adapted to and fitted for vehicular or pedestrian travel that is in common use by the public with the consent, expressed or implied, of the owner or owners. 5. “Exploit” shall mean using in an unethical, selfish or abusive manner or in any other manner that gives an unfair advantage. 6. “Impeding or threatening to impede pedestrian or vehicular traffic” includes, but is not limited to: a. Any begging activity that causes or is likely to cause either the person begging or the person being contacted by the person begging to enter a roadway lane of traffic on foot, other than in a marked crosswalk; b. Any begging activity that occurs at an intersection controlled by lighted traffic signals, where that activity is between or involves a person or persons located in a sidewalk or along a public roadway and a person or persons in or on a vehicle traveling on a public roadway; c. Any begging activity that causes or is likely to cause vehicles to stop at locations or times where/when disruptive to or not consistent with the flow of traffic. C. Violation of this section shall be a misdemeanor, punishable by a fine up to $1,000 or by a jail sentence of up to 90 days, or by both such fine and jail time. (Ord. 6200 § 1, 2008; Ord. 5918 § 1, 2005; Ord. 5682 § 1, 2002.) Page 23 of 38 AGENDA BILL APPROVAL FORM Agenda Subject: Resolution No. 5538 (Gaub) Date: August 11, 2020 Department: Public Works Attachments: Res olution No. 5538 Exhibits A and B Budget Impact: Current Budget: $0 Proposed Revision: $0 Revised Budget: $0 Administrativ e Recommendation: City Council to adopt Resolution No. 5538. Background Summary: Copper Gate North, LLC has applied to the City f or vacation of the right-of-way of G Street NE, south of South 277th Street. The applicant currently owns adjacent parcels #9360600323 to the northeast and #9360600330 to the west and is proposing to incorporate the right-of-way into development of the adjacent property and cleanup right-of -way and parcel lines. The application has been reviewed by City staf f and utility purveyors who have an interest in this right-of -way. Through this review City staf f has determined that the right-of-way is no longer necessary to meet the needs of the City and could be vacated with conditions. Resolution No. 5538, if adopted by City Council, sets the date of the public hearing f or ROW Vacation No. V1-20 f or September 21, 2020. Rev iewed by Council Committees: Councilmember:Brown Staff:Gaub Meeting Date:August 17, 2020 Item Numb er:RES.A Page 24 of 38 ---------------------------- Resolution No. 5538 ROW Vacation V1-20 July 22, 2020 Page 1 of 3 RESOLUTION NO. 5538 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, SETTING A PUBLIC HEARING TO CONSIDER THE VACATION OF RIGHT-OF-WAY OF G STREET NE, SOUTH OF SOUTH 277TH STREET, WITHIN THE CITY OF AUBURN, WASHINGTON. WHEREAS, the City of Auburn, Washington, has received a petition signed by owners of at least two-thirds (2/3) of the property abutting right-of-way at the location of G Street NE, south of South 277th Street, within the City of Auburn, Washington, requesting that the right-of-way be vacated; and, WHEREAS, Section 35.79.010 of the Revised Code of Washington, requires that the City set a hearing on vacation by Resolution, with the date of the hearing being not more than sixty (60) days nor less than twenty (20) days after the date of passage of such Resolution. WHEREAS, this Resolution is consistent with Auburn City Code 12.48.070 and calls for a public hearing to consider the proposed vacation. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, RESOLVES as follows: Section 1. That a hearing on the vacation of right-of-way at the location of G Street NE, south of South 277th Street, located within the City of Auburn, Washington, legally described as follows: THE EAST 30 FEET OF THE RIGHT-OF-WAY FOR G Page 25 of 38 ---------------------------- Resolution No. 5538 ROW Vacation V1-20 July 22, 2020 Page 2 of 3 STREET NORTHEAST AS DEDICATED BY QUIT CLAIM DEED RECORDED UNDER AUDITOR’S FILE NO. 5869551, FOR RECORDS OF KING COUNTY, WASHINGTON, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE W.A. COX DONATION LAND CLAIM NO. 38; THENCE N88°59’52”W, ALONG THE NORTHLINE OF SAID DONATION LAND CLAIM, 420.19 FEET; THENCE S01°48’09”W 58.34 FEET TO A POINT ON THE EASETERLY RIGHT-OF-WAY MARGIN OF G STREET NORTHEAST AND THE POINT OF BEGINNING; THENCE S01°48’09”W, ALONG SAID EASTERLY MARGIN, 781.69 FEET TO AND ANGLE POINT WITH THE SOUTHERLY RIGHT-OF-WAY MARGIN OF G STREET NORTHEAST; THENCE N89°13’51”W, ALONG SAID SOUTHERLY MARGIN, 30.00 FEET TO AN ANGLE POINT WITH THE WESTERLY RIGHT-OF-WAY MARGIN OF G STREET NORTHEAST; THENCE N01°48’09”E, ALONG SAID WESTERLY MARGIN, 781.81 FEET TO AN ANGLE POINT WITH THE SOUTHERLY RIGHT-OF-WAY MARGIN OF SOUTH 277TH STREET; THENCE S88°59’48”E 30.00 FEET TO THE POINT OF BEGINNING. CONTAINS 23,452± SQUARE FEET (0.5384± ACRES) [Also identified as Exhibit “A”.] and as shown on the document attached, marked as Exhibit “B”, is set for 7:00 p.m. on the 21st day of September, 2020, at the City Council Chambers at 25 West Main Street, Auburn, Washington, 98001, with all persons wishing to speak to the vacation at the public hearing being invited to attend. Section 2. The Mayor is authorized to implement those administrative procedures necessary to carry out the directives of this legislation, including posting Page 26 of 38 ---------------------------- Resolution No. 5538 ROW Vacation V1-20 July 22, 2020 Page 3 of 3 notice of such public hearing as required by State law and City Ordinance. Section 3. This Resolution shall be in full force in effect upon passage and signatures. DATED and SIGNED this day of , 2020. CITY OF AUBURN ______________________________________ NANCY BACKUS, MAYOR ATTEST: __________________________ Shawn Campbell, MMC, City Clerk APPROVED AS TO FORM: __________________________ Kendra Comeau, City Attorney Page 27 of 38 Page 28 of 38 Page 29 of 38 Page 30 of 38 AGENDA BILL APPROVAL FORM Agenda Subject: Resolution No, 5541 (Tate) Date: August 6, 2020 Department: Community Development Attachments: Res olution No. 5541 Memo to Council - Res olution 5541 HB 1406 SKHHP Pool Budget Impact: Current Budget: $0 Proposed Revision: $0 Revised Budget: $0 Administrativ e Recommendation: City Council to adopt Resolution No. 5541. Background Summary: See Attached Memo Rev iewed by Council Committees: Councilmember:Brown Staff:Tate Meeting Date:August 17, 2020 Item Numb er:RES.B Page 31 of 38 -------------------------------- Resolution No. 5541 August 17, 2020 Page 1 of 4 Rev. 2019 RESOLUTION NO. 5541 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO TRANSFER FUNDS COLLECTED UNDER THE AFFORDABLE AND SUPPORTIVE HOUSING LOCAL SALES AND USE TAX ACT AND CITY OF AUBURN ORDINANCE 6732 TO THE SOUTH KING HOUSING AND HOMELESSNESS PARTNERS WHEREAS, the 2019 State Legislature enacted SHB 1406 (Chapter 338, Laws of 2019, “Affordable and Supportive Housing Sales and Use Tax Act”) which allows cities and counties to recapture a portion of Washington State sales tax when it is used to support affordable housing initiatives; and WHEREAS, on September 9, 2019 the Auburn City Council enacted Resolution 5454 and Ordinance 6732 which authorized a recapture of Washington State sales tax, which should generate approximately $150,000 per year for the next 20 years; and WHEREAS, on February 19, 2019 the Auburn City Council enacted Resolution 5408 which authorized the Mayor to enter into an Interlocal Agreement (ILA) with 8 other south King County cities and King County to form the South King Housing and Homelessness Partners (SKHHP); and WHEREAS, Resolution 5408 states that “the Parties have determined that the most efficient and expeditious way for the Parties to address affordable housing needs in South King County is through cooperative action and pooling public and private resources”; and WHEREAS, all 9 member cities of SKHHP and King County have taken action to enact the sales tax recapture provisions established in SHB 1406; and Page 32 of 38 -------------------------------- Resolution No. 5541 August 17, 2020 Page 2 of 4 Rev. 2019 WHEREAS, on November 22, 2019 the SKHHP Executive Board took unanimous action to adopt SKHHP Resolution 2019-06 which urges each of the 9 member cities and county to pool 100% of the funds collected under the provisions of SHB 1406; and WHEREAS, if all 9 cities pool the maximum amount of collected SHB 1406 funds, the estimated revenue would total approximately $1,000,000 per year for a 20 year period WHEREAS, while $150,000 is a valuable revenue stream that can be used in Auburn to support various affordable housing initiatives, transfer of the collected funds to the SKHHP Housing Capital Fund will stretch the funds much further and make a far more meaningful impact on the availability of affordable housing in South King County. WHEREAS, HB 1406 funds may be used for the purpose of acquiring, rehabilitating, or constructing affordable housing; funding the operations and maintenance costs of new units of affordable or supportive housing; and WHEREAS, cities that have a population of less than 100,000 may also use the funds for providing rental assistance to tenants, however, using the funds in this manner will likely exceed Auburn’s estimated annual revenue collection since a rental assistance program requires city staff to review personal income information of individuals who request access to funds, account and audit the use of funds, and meet annual reporting requirements; and WHEREAS, the City of Auburn is projected to exceed a population of 100,000 within the 20 year window set forth in SHB 1406 which will prohibit Auburn from using funds for the purpose of providing rental assistance; and Page 33 of 38 -------------------------------- Resolution No. 5541 August 17, 2020 Page 3 of 4 Rev. 2019 WHEREAS, counties and cities that enact the provisions of SHB 1406 may issue general obligation or revenue bonds, and may use moneys collected under SHB 1406 for the repayment of bonds; and WHEREAS, on December 16, 2019 the Auburn City Council adopted Resolution 5476 that directed the transfer of funds collected pursuant to SHB 1406 funds to SKHHP if all other member cities take similar action to direct a proportionate amount of their collected funds to SKHHP; and WHEREAS, in response to the coronavirus pandemic some SKHHP member cities have directed SHB 1406 funds to rental assistance, which action prevents the City of Auburn from directing its SHB 1406 funds to SKHHP due to the restriction in Resolution 5476; and WHEREAS, it remains the City of Auburn’s desire to appropriate and expend the funds allocated to the city under SHB 1406 to SKHHP for use on capital projects that address housing affordability. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, RESOLVES as follows: Section 1. As long as the City of Auburn remains a member of SKHHP, the Mayor is authorized to contribute all of the revenues collected by the City under SHB 1406 and Ordinance 6732 to the SKHHP Housing Capital Fund according to the provisions of the SKHHP Interlocal Agreement adopted by resolution 5408. Section 2. This authorization is contingent upon two or more SKHHP cities both taking action to contribute to the SKHHP Housing Capital Fund a share of the tax receipts received pursuant to SHB 1406. Page 34 of 38 -------------------------------- Resolution No. 5541 August 17, 2020 Page 4 of 4 Rev. 2019 Section 3. The Mayor is authorized to implement those administrative procedures necessary to carry out the directives of this legislation. Section 4. This Resolution will take effect and be in full force on passage and signatures. Dated and Signed: CITY OF AUBURN ____________________________ NANCY BACKUS, MAYOR ATTEST: ____________________________ Shawn Campbell, MMC, City Clerk APPROVED AS TO FORM: ____________________________ Kendra Comeau, City Attorney Page 35 of 38 Memorandum To: City Council Members From: Jeff Tate, Director of Community Development CC: Mayor Nancy Backus Date: August 17, 2020 Re: Resolution 5541 – Pooling of HB 1406 sales tax credit funds with SKHHP BACKGROUND The 2019 State Legislature enacted SHB 1406 which allows cities and counties to recapture a portion of Washington State sales tax when it is used to support affordable housing initiatives. On September 9, 2019 the Auburn City Council enacted Resolution 5454 and Ordinance 6732 which took the requisite actions necessary by a local legislative authority to take advantage of the sales tax revenue recapture. As a result of these actions, the City of Auburn is expected to collect up to $154,992 per year for the next 20 years. SHB 1406 allows these funds to be used for: 1. Acquiring, rehabilitating, or constructing affordable housing. 2. Funding the operations and maintenance costs of new units of affordable or supportive housing. 3. Jurisdictions that have a population of less than 100,000 may provide rental assistance to tenants. The City Council took a separate action on February 19, 2019 to adopt Resolution 5408 which authorized the Mayor to sign an Interlocal Agreement (ILA) with Burien, Covington, Des Moines, Federal W ay, Kent, Normandy Park, Renton, Tukwila, and King County. The ILA officially formed the South King Housing and Homelessness Partners (SKHHP). SKHHP was formed for the purpose of advancing affordable housing initiatives in South King County. Anticipated initiatives include assisting cities with comprehensive plan updates, data collection and housing trend analyses, and establishing a housing capital fund to support purchase, rehabilitation, and/or development of affordable housing. An essential principle of the SKHHP ILA is that the 10 member jurisdictions are better able to deliver successful outcomes by working collaboratively and pooling resources. In support of this principle, on November 22, 2019 the SKHHP Executive Board unanimously adopted Resolution 2019-06 which urges each member jurisdiction to pool funds collected under SHB 1406 to a SKHHP Housing Capital Fund. The pooled funds have greater potential to leverage other public and private funds and will go further than the individual dollars collected by each city. Collectively the revenues are estimated to exceed $1,000,000 each year for 20 years. Page 36 of 38 On December 16, 2019 the City of Auburn enacted Resolution 5476 to declare support to pool SHB 1406 funds by directing the funds to SKHHP, provided that all other member cities also agreed to pool funds. While the majority of SKHHP member cities have pledged commitment to pool SHB funds with SKHHP, two of the smaller SKHHP cities have responded to the economic impacts of the coronavirus pandemic by directing SHB 1406 funds to rental assistance. Due to the restriction in City of Auburn Resolution 5476, this action prevents the City of Auburn from directing its SHB 1406 fund to SKHHP. The cities that have directed funds for rental assistance have done so on a short-term basis and expect to revist the allocation of these funds towards the end of 2020 or beginning of 2021. RECOMMENDATION City of Auburn staff recommends that the Auburn City Council approve Resolution **** which would pool SHB 1406 funds to a SKHHP Housing Capital Fund even if not all SKHHP member cities commit to pooling funds. This recommendation is based on the following: 1. A fundamental premise in the formation of SKHHP is the power of a coordinated effort and pooling of resources. SHB 1406 and Ordinance 6732 offer a unique opportunity to achieve the goals and objectives of SKHHP. 2. The majority of SKHHP cities remain committed to pooling SHB 1406 funds, those that have allocated SHB 1406 funds to rental assistance have done so as short-term decisions in response to the unforeseen impacts of the pandemic and these allocations will be revisited at the end of the 2020 or beginning of 2021. 3. While not an insignificant amount of money, it will be difficult for Auburn to use the estimated $150,000 per year to realize the intended uses of SHB 1406 funds. 4. SHB 1406 establishes administrative monitoring requirements for how the money is used. By directing funds to SKHHP, the SKHHP Executive Manager will be assigned the responsibility of fulfilling this requirement. 5. The cumulative funding level achieved by SKHHP cities pooling SHB 1406 funds provides substantially more leverage for other public or private funds than the individual dollars collected by each City and collectively these funds will make a greater impact on the housing affordability needs in South King County. 6. While the economic impacts of the coronavirus pandemic have increased the need for rental assistance, using the funds for rental assistance pose a number of challenges: a. The City would have to set up a program and administrative procedures for deliver of this option. Staff resources would need to be allocated to oversee the setup and management of the program (meaning that staff will either need to be redirected from current responsibilities or additional staff will need to be hired). b. Rental assistance is not a long lasting sustainable solution. It provides one time funding assistance and spending money on rental assistance does not leave a lasting footprint. c. Only cities that are less than 100,000 in population are eligible to use the money for rental assistance. The City of Auburn will exceed a population of 100,000 at about the midpoint of the 20 year duration that SHB revenues are collected. NEXT STEPS Page 37 of 38 The proposed Resolution will supersede Resolution 5476 and will enable the City of Auburn to move forward with actions necessary to pool SHB 1406 funds with other SKHHP cities. Upon approval of this resolution, in collaboration with SKHHP member cities the SKHHP Executive Manager will draft an Interlocal Agreement that will execute the pooling of SHB 1406 tax receipts. The Interlocal Agreement will need to be approved by each participating city’s legislative body and will include specifications on allocation decisions, agreement duration, procedures for termination of agreement, and withdrawal procedures. Page 38 of 38