HomeMy WebLinkAbout03-21-2022 City Council AgendaCity Council Meeting
March 21, 2022 - 7:00 P M
City Hall Council Chambers and Virtual
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I .C AL L T O O RD E R
I I .P UB L I C PART I C IPAT IO N
1.Public Participation
T he Auburn City Council Meeting scheduled for Monday, March 21, 2022 at 7:00
p.m. will be held in person and virtually.
Virtual P articipation L ink:
To attend the meeting virtually please click one of the below links, enter the
meeting I D into the Z oom app, or call into the meeting at the phone number listed
below. The link to the Virtual Meeting is:
Z oom: https://us06web.zoom.us/j/85966169824
T he public can also view the meeting on YouTube:
https://www.youtube.com/user/watchauburn/live/?nomobile=1
To join the meeting by phone, please use the below call-in information:
253 215 8782
877 475 4499 (Toll F ree)
Webinar I D: 859 6616 9824
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 I O NS
I V.AG E ND A M O D I F IC AT I O NS
V.C IT IZE N I NP 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
1.Public Hearing for New Cingular W ireless P C S , L L C
F ranchise Agreement No. F R N21-0006 (Gaub)
Page 1 of 109
A Public Hearing to Consider Franchise A greement No. F R N21-0006 for New
Cingular W ireless P C S , L L C
B .Audience Participation
This is the place on the agenda where the public is invited to speak to the City
Council on any issue.
1.T he public can participate in-person or submit written
comments in advance.
Participants can submit written comments via mail, fax or email. A ll written
comments must be received prior to 5:00 p.m. on the day of the scheduled
meeting and must be 350 words or less.
Please mail comments to:
City of A uburn
Attn: Shawn Campbell, City Clerk
25 W Main S t
Auburn, WA 98001
Please fax comments to:
Attn: Shawn Campbell, City Clerk
F ax number: 253-804-3116
Email comments to:
publiccomment@auburnwa.gov
C.Correspondence - (T here is no correspondence for Council review.)
V I .C O UNC I L AD HO C C O M M IT T E E RE P O RT S
Council Ad Hoc Committee Chairs may report on the status of their ad hoc Council
Committees' progress on assigned tasks and may give their recommendation to the
City Council, if any.
1.F inance Ad Hoc Committee (Chair B aggett)
2.Preservation F unding (Chair J eyaraj)
V I I .C O NS E NT AG E ND A
All matters listed on the Consent Agenda are considered by the City Council to be
routine and will be enacted by one motion in the form listed.
A .Minutes of the February 28, 2022 S tudy S ession Meeting
B .Minutes of the March 7, 2022 Regular City Council Meeting
C.Claims Vouchers (Thomas)
Claims Voucher list dated March 21, 2022 which included voucher numbers 467162
through 467340, in the amount of $3,678,809.96, and three wire transfers in the
amount of $717,963.79
Page 2 of 109
D.P ayroll Vouchers (T homas)
P ayroll check numbers 539338 through 539344 in the amount of $74,900.71,
electronic deposit transmissions in the amount of $2,391,574047, also a special payroll
for P olice Sergeant Retention Bonuses with electronic deposit transmission in the
amount of $77,191.68, for a grand total of $2,543,666.86 for the period covering
March 03, 2022 to March 16, 2022
E .P ublic Works P roject No. C P 2102 (Gaub)
City Council to approve an increase of $75,000.00 in the total maximum authorized
contract amount for Public Works Contract No. 21-33: Construction of Project No.
C P2102 4th Street S E Preservation – A uburn Way South to L S T S E
(RE C O M M E ND E D AC T I O N: M ove to approve the Consent Agenda.)
V I I I .UNF INIS HE D B US I NE S S
I X.O RD INANC E S
A .Ordinance No. 6848 (Tate)
A n Ordinance adding S ection 5.20.260 to Auburn City Code (A C C) to allow the
regulation and licensing of mobile vendors and food truck related activities
(RE C O M M E ND E D AC T I O N: M ove to adopt Ordinance No. 6848.)
B .Ordinance No. 6850 (T homas)
A n Ordinance amending Ordinance No. 6794, the 2021-2022 B iennial Operating
B udget Ordinance, and Ordinance No. 6796, the 2021-2022 Biennial Capital Budget
Ordinance, as amended by Ordinance No. 6815, Ordinance No. 6827, Ordinance No.
6836, and Ordinance No. 6837, authorizing amendment to the City of Auburn 2021-
2022 budget as set forth in Schedule “A ” and S chedule “B”
(RE C O M M E ND E D AC T I O N: M ove to adopt Ordinance No. 6850.)
C.Ordinance No. 6851 (Gaub)
A n Ordinance amending Auburn City Code (A C C) Sections 13.48.005, 13.48.010,
13.48.180, 13.48.240, and 13.48.440 regarding the City’s storm drainage system
(RE C O M M E ND E D AC T I O N: M ove to adopt Ordinance No. 6851.)
D.Ordinance No. 6855 (Gaub)
A n Ordinance creating Chapter 10.55 of the Auburn City Code (A C C) relating to
personal delivery devices
(RE C O M M E ND E D AC T I O N: M ove to adopt Ordinance No. 6855.)
E .Ordinance No. 6857 (Tate)
A n Ordinance relating to health and safety regulation, revising graffiti removal criteria,
and to create consistent timelines for civil penalties for violations by amending
Chapters 1.25 and 8.13 of the Auburn City Code (A C C)
(RE C O M M E ND E D AC T I O N: M ove to adopt Ordinance No. 6857.)
Page 3 of 109
X .RE S O L UT IO NS
A .Resolution No. 5654 (Gaub)
A Resolution authorizing the Mayor to execute an I nterlocal Agreement between the
City of Auburn and the Auburn School District relating to Project No. C P2208 – 124th
Ave S E I mprovements
(RE C O M M E ND E D AC T I O N: M ove to adopt Resolution No. 5654.)
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 time the Mayor and City Council may report on significant items associated with
their appointed positions on federal, state, regional and local organizations.
A .From the Council
B .From the M ayor
X I I .NE W B US I NE S S
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 review
at the City Clerk's Office.
Page 4 of 109
AGENDA BILL APPROVAL FORM
Agenda Subject:
Public Hearing for New Cingular Wireless PCS, LLC Franchise
Agreement No. FRN21-0006 (Gaub)
Date:
March 14, 2022
Department:
Public Works
Attachments:
Draft Ordinance No. 6852
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
City Council to hold a public hearing in consideration of Franchise Agreement No. FRN21-
0006 for New Cingular Wireless PCS, LLC
Background for Motion:
Background Summary:
Section 20.04.040 of the Auburn City Code requires the City to hold a public hearing before
granting or denying a franchise agreement. Franchise Agreement No. FRN21-0006 for New
Cingular Wireless PCS, LLC will allow it to continue to operate a wireless telecommunications
site within the City’s public way.
The date of the public hearing was set by consent on March 7, 2022.
Rev iewed by Council Committees:
Councilmember:Stearns Staff:Gaub
Meeting Date:March 21, 2022 Item Number:PH.1
Page 5 of 109
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Draft Ordinance No. 6852
Franchise Agreement No. FRN21-0006
February 28, 2022
Page 1 of 17
ORDINANCE NO. 6852
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, GRANTING TO
NEW CINGULAR WIRELESS PCS, LLC, A
DELAWARE LIMITED LIABILITY COMPANY, A
FRANCHISE FOR WIRELESS
TELECOMMUNICATIONS.
WHEREAS, New Cingular Wireless PCS, LLC (“Franchisee”) has applied
to the City of Auburn (“City”) for a non-exclusive Franchise for the right of entry,
use, and occupation of certain public ways within the City, expressly to install,
construct, erect, operate, maintain, repair, relocate and remove its facilities in, on,
over, under, along and/or across those public ways; and
WHEREAS, following proper notice, the City Council held a public hearing
on Franchisee’s request for a Franchise; and
WHEREAS, based on the information presented at such 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 Franchisee.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN
WASHINGTON, DO ORDAIN as follows:
Section 1. Definitions
For the purpose of this agreement and the interpretation and enforcement
thereof, definitions of words and phrases shall be in accordance with Auburn City
Code 20.02.020. In addition, the following definitions apply:
A. “ACC” means the Auburn City Code.
B. “Franchise Area” means the public ways as specified in Exhibit “A”.
Franchise Area does not include private property located outside of the public way
which the Franchisee may utilize, lease, or otherwise use for placement of
Franchisee Facilities with authorization or other permissions from third parties, and
including any necessary permits from any regulatory authority.
C. “Franchisee’s Facilities” means any and all equipment, appliances,
attachments, appurtenances, antennas, and other items necessary for
Telecommunications Services as defined in Chapter 35.99.010(7) RCW, that are
located in the Franchise Area.
Page 6 of 109
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Draft Ordinance No. 6852
Franchise Agreement No. FRN21-0006
February 28, 2022
Page 2 of 17
Franchisee’s Facilities do not include facilities used to provide wireline services or
front-haul or back-haul services to the general public separate from Franchisee’s
Services. Franchisee’s facilities do not include small wireless facilities, microcell,
minor facility, or small cell facilities, as defined in Chapter 80.36.375 RCW.
Franchisee’s facilities do not include any equipment that is not located within the
Franchise Area or that is covered under a separate Franchise Agreement or
agreement.
D. “Franchisee’s Services” means the transmission and reception of
information, only at the Franchisee’s Facilities identified in Exhibit A, by wireless
communication signals including data communications services, over Franchisee’s
federally licensed frequencies, pursuant to all the rules and regulations of the
Federal Communications Commission. Franchisee’s Services will not include the
provision of “cable services”, as defined by 47 U.S.C. §522, as amended, for which
a separate franchise would be required.
Section 2. Grant of Right to Use Franchise Area
A. Subject to the terms and conditions stated in this Agreement, the City
grants to the Franchisee general permission to enter, use, and occupy the
Franchise Area specified in Exhibit A attached hereto and incorporated by
reference. located within the incorporated area of the City. Franchisee may locate
the Franchisee’s Facilities within the Franchise Area subject to all applicable laws,
regulations, and permit conditions.
B. The Franchisee is authorized to install, remove, construct, erect,
operate, maintain, relocate, upgrade, replace, restore, and repair Franchisee’s
Facilities to provide Franchisee’s Services in the Franchise Area.
C. This Franchise does not authorize the use of the Franchise Area for
any facilities or services other than Franchisee Facilities and Franchisee Services,
and it extends no rights or privilege relative to any facilities or services of any type,
including Franchisee Facilities and Franchisee Services, on public or private
property elsewhere within the City.
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 Franchisee’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, public ways, or property. This Franchise will be
subject to the power of eminent domain, and in any proceeding under eminent
Page 7 of 109
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Draft Ordinance No. 6852
Franchise Agreement No. FRN21-0006
February 28, 2022
Page 3 of 17
domain, the Franchisee 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 public 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
Franchisee Facilities, the City shall reserve an easement for public utilities within
that vacated portion, pursuant to Chapter 35.79.030 RCW, within which the
Franchisee may continue to operate any existing Franchisee Facilities under the
terms of this Franchise for the remaining period set forth under Section 4.
G. The Franchisee 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 3. 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 is 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. Any communication
made by e-mail or similar method will not constitute notice pursuant to this
Agreement, except in case of emergency notification.
City: Right-of-Way Specialist,
Public Works Department - Transportation
City of Auburn
25 West Main Street
Auburn, WA 98001-4998
Telephone: (253) 931-3010
with a copy to: City Clerk
City of Auburn
25 West Main Street
Auburn, WA 98001-4998
Franchisee: New Cingular Wireless PCS, LLC
Attn: Network Real Estate Administration
Re: Cell Site #: WA6416; Name: Christopher (WA)
Fixed Asset No: 10013466
1025 Lenox Park Blvd NE
3rd Floor
Page 8 of 109
------------------------------
Draft Ordinance No. 6852
Franchise Agreement No. FRN21-0006
February 28, 2022
Page 4 of 17
Atlanta, GA 30319
Telephone: (877) 231-5447
Email Address: releaseadmin@att.com
with a required copy to:
New Cingular Wireless PCS, LLC
Attn: Legal Department
Re: Cell Site #: WA6416; Name: Christopher (WA)
Fixed Asset No: 10013466
208 S. Akard St.
Dallas, TX 75202-4206
B. Any changes to the above-stated Franchisee information shall be
sent to the City’s Right-of-Way Specialist, Public Works Department –
Transportation Division, with copies to the City Clerk, referencing the title of this
Agreement.
C. The above-stated Franchisee voice telephone numbers shall be
staffed at least during normal business hours, Pacific time zone. The City may
contact Franchisee at the following number for emergency or other needs outside
of normal business hours of the Franchisee: (800-638-2822).
Section 4. Term of Agreement
A. This Franchise shall run for a period of fifteen (15) years, from the
date of Franchise Acceptance as described in Section 5 of this Agreement.
B. Automatic Extension. If the Franchisee fails to formally apply for a
new franchise agreement prior to the expiration of this Franchise’s term or any
extension thereof, this Franchise automatically continues month to month until a
new franchise agreement is applied for and approved under the then current
process or until either party gives written notice at least one hundred and eighty
(180) days in advance of intent to cancel this Franchise.
Section 5. Acceptance of Franchise
A. This Franchise will not become effective until Franchisee files with
the City Clerk (1) the Statement of Acceptance (Exhibit “B”), (2) all verifications of
insurance coverage specified under Section 15, (3) the financial guarantees
specified in Section 16, and (4) payment of any outstanding application fees
required in the City Fee Schedule. These four items will collectively be the
“Franchise Acceptance”. The date that such Franchise Acceptance is filed with
the City Clerk will be the effective date of this Franchise.
Page 9 of 109
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Draft Ordinance No. 6852
Franchise Agreement No. FRN21-0006
February 28, 2022
Page 5 of 17
B. If the Franchisee fails to file the Franchise Acceptance with the City
Clerk within thirty (30) days after the effective date of the ordinance approving the
Franchise as described in Section 27 of this Agreement, the City’s grant of the
Franchise will be null and void.
Section 6. Construction and Maintenance
A. The Franchisee shall apply for, obtain, and comply with the terms of
all permits required under applicable law for any work done within the City.
Franchisee will comply with all applicable City, State, and Federal codes, rules,
regulations, and orders in undertaking such work.
B. Franchisee agrees to coordinate its activities with the City and all
other utilities located within the public way within which Franchisee is undertaking
its activity.
C. The City expressly reserves the right to prescribe how and where
Franchisee’s Facilities will be installed within the public way and may require the
removal, relocation and/or replacement thereof in the public interest and safety at
the expense of the Franchisee as provided for in Chapter 35.99 RCW.
D. Before beginning any work within the public way, the Franchisee will
comply with the One Number Locator provisions of Chapter 19.122 RCW to identify
existing utility infrastructure.
E. Tree Trimming. Upon prior written approval of the City the
Franchisee shall have the authority to trim trees upon and overhanging streets,
public ways and places in the Franchise Area so as to prevent the branches of
such trees from coming in physical contact with the Franchisee’s Facilities.
Franchisee shall be responsible for debris removal from such activities. If such
debris is not removed within twenty-four (24) hours, the City may, at its sole
discretion, remove such debris and charge the Franchisee for the cost thereof.
This section does not, in any instance, grant automatic authority to clear vegetation
for purposes of providing a clear path for radio signals. Any such general
vegetation clearing will require other permits as necessary from the City.
Section 7. Repair and Emergency Work
In the event of an emergency, the Franchisee may commence repair and
emergency response work as required under the circumstances. The Franchisee
will 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 Franchisee’s emergency contact
phone number for corresponding response activity. The City may commence
Page 10 of 109
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Draft Ordinance No. 6852
Franchise Agreement No. FRN21-0006
February 28, 2022
Page 6 of 17
emergency response work, at any time, without prior written notice to the
Franchisee, but will notify the Franchisee in writing as promptly as possible under
the circumstances. Franchisee will reimburse the City for the City’s actual cost of
performing emergency response work.
Section 8. Damages to City and Third-Party Property
Franchisee agrees that if any of its actions, or the actions of any person,
agent, or contractor acting on behalf of the Franchisee under this Franchise
impairs or damages any City property, survey monument, or property owned by a
third-party, Franchisee will restore, at its own cost and expense, the property to a
safe condition. Upon returning the property to a safe conditions, 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). All 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 or other franchisee, other than the Franchisee’s, which was installed,
constructed, completed, or in place prior in time to Franchisee’s application for a
permit to construct or repair Franchisee’s Facilities under this Franchise shall have
preference as to positioning and location with respect to the Franchisee’s Facilities.
However, to the extent that the Franchisee’s Facilities are completed and installed
before another utility or other franchisee’s submittal of a permit for new or
additional structures, equipment, appurtenances or tangible property, then the
Franchisee’s Facilities will have priority. These rules governing preference will
continue when relocating or changing the grade of any City road or public way. A
relocating utility or franchisee will not cause the relocation of another utility or
franchisee that otherwise would not require relocation. This Section will not apply
to any City facilities or utilities that may in the future require the relocation of
Franchisee’s Facilities. Such relocations will be governed by Section 10 and
Chapter 35.99 RCW.
B. Franchisee will 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; provided, that for
development of new areas, the City, in consultation with Franchisee and other
utility purveyors or authorized users of the public way, will develop guidelines and
procedures for determining specific utility locations.
Page 11 of 109
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Draft Ordinance No. 6852
Franchise Agreement No. FRN21-0006
February 28, 2022
Page 7 of 17
Section 10. Relocation of Franchisee Facilities
A. Except as otherwise so required by law, Franchisee 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 Chapter 35.99 RCW.
Pursuant to the provisions of Section 14, Franchisee 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 way.
B. If a readjustment or relocation of the Franchisee Facilities is
necessitated by a request from a party other than the City, that party shall pay the
Franchisee the actual costs associated with such relocation.
Section 11. Abandonment and or Removal of Franchisee Facilities
A. Within one hundred and eighty days (180) of Franchisee’s
permanent cessation of use of the Franchisee’s Facilities, the Franchisee will, at
the City’s discretion, either abandon in place or remove the affected facilities.
B. Franchisee may ask the City in writing to abandon, in whole or in
part, all or any part of the Franchisee’s Facilities. Any plan for abandonment of
Franchisee Facilities must be approved in writing by the City.
C. The parties expressly agree that this Section will survive the
expiration, revocation or termination of this Franchise.
Section 12. 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. Whenever the City requires the undergrounding of aerial utilities in
the Franchise Area, the Franchisee will underground the Franchisee’s Facilities in
the manner specified by the City Engineer at no expense or liability to the City,
except as may be required by Chapter 35.99 RCW. Where other utilities are
present and involved in the undergrounding project, Franchisee will 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 Franchisee’s Facilities.
Common costs will include necessary costs for common trenching and utility
vaults. Fair share will be determined in comparison to the total number and size
of all other utility facilities being undergrounded.
Page 12 of 109
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Draft Ordinance No. 6852
Franchise Agreement No. FRN21-0006
February 28, 2022
Page 8 of 17
Section 13. Franchisee Information
A. Franchisee agrees to supply, at no cost to the City, any information
reasonably requested by the City to coordinate municipal functions with
Franchisee’s activities and fulfill any municipal obligations under state law. Said
information will include, at a minimum, as-built drawings of Franchisee’s Facilities,
installation inventory, and maps and plans showing the location of existing or
planned facilities within the City. Said information may be requested either in hard
copy or electronic format, compatible with the City’s data base system, including
the City’s Geographic Information System (GIS) data base. Franchisee will keep
the City informed of its long-range plans, to the extent such plans have been made
public, for coordination with the City’s long-range plans.
B. The parties understand that Chapter 42.56 RCW and other
applicable law may require public disclosure of information given to the City.
Section 14. Indemnification and Hold Harmless
A. Franchisee shall defend, indemnify, and hold harmless the City, its
officers, officials, employees and volunteers from and against any and all claims,
suits, actions, or liabilities for injury or death of any person, or for loss or damage
to property, which arises out of Franchisee’s acts, errors or omissions, or from the
conduct of Franchisee’s business, or from any activity, work or thing done,
permitted, or suffered by Franchisee arising from or in connection with this
Franchise Agreement, except only such injury or damage as shall have been
occasioned by the sole negligence or willful misconduct of the City, its officers,
officials, employees, agents, volunteers or invitees.
However, should a court of competent jurisdiction determine that this Agreement
is subject to RCW 4.24.115, then, in the 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 Franchisee and the City, its officers, officials,
employees, agents, and volunteers, the Franchisee’s liability hereunder shall be
only to the extent of the Franchisee’s negligence. It is further specifically and
expressly understood that the indemnification provided herein constitutes the
Franchisee’s waiver of immunity under Industrial Insurance, Title 51 RCW, solely
for the purposes of this indemnification. This waiver has been mutually negotiated
by the parties. The provisions of this section shall survive the expiration or
termination of this Agreement.
B. The Franchisee will hold the City harmless from any liability arising
out of or in connection with any damage or loss to the Franchisee’s 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, public way, or other
property, except to the extent any such damage or loss is directly caused by the
Page 13 of 109
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Draft Ordinance No. 6852
Franchise Agreement No. FRN21-0006
February 28, 2022
Page 9 of 17
negligence or willful misconduct of the City, or its employees or agent performing
such work.
C. The Franchisee 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 Franchisee, and its agents, assigns, successors, or
contractors, will make such arrangements as Franchisee deems fit for the provision
of such services. The Franchisee will hold the City harmless from any liability
arising out of or in connection with any damage or loss to the Franchisee for the
City’s failure or inability to provide such services, and, pursuant to the terms of
Section 14(A), the Franchisee will 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.
Section 15. Insurance
A. The Franchisee shall carry and maintain for the duration of this
Agreement and as long as Franchisee has Facilities in the public way, insurance
against claims for injuries to persons or damage to property which may arise from
or in connection with the Agreement and use of the public way.
B. No Limitation. The Franchisee’s maintenance of insurance as
required by this Agreement shall not be construed to limit the liability of the
Franchisee to the coverage provided by such insurance, or otherwise limit the
City’s recourse to any remedy available at law or in equity.
C. Minimum Scope of Insurance. The Franchisee shall carry insurance
of the types and coverage described below:
1. Commercial General Liability insurance shall be provided per
ISO occurrence form CG 00 01 and shall cover liability arising from
premises, operations, stop gap liability, independent contractors, products-
completed operations, personal injury and advertising injury, and include
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 under the Franchisee’s Commercial
General Liability insurance policy with respect this Franchise Agreement
using ISO endorsement CG 20 12 if the franchise agreement is considered
a master permit as defined by RCW 35.99.010, or CG 20 26 if it is not, or
substitute endorsement providing at least as broad coverage.
2. Automobile Liability insurance covering all owned, non-
owned, hired and leased vehicles. Coverage shall be provided per
Insurance Services Office (ISO) form CA 00 01.
Page 14 of 109
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Draft Ordinance No. 6852
Franchise Agreement No. FRN21-0006
February 28, 2022
Page 10 of 17
3. Contractors Pollution Liability insurance shall be in effect
throughout the entire Franchise Agreement covering losses caused by
pollution conditions that arise from the operations of the Franchisee.
Contractors Pollution Liability shall cover bodily injury, property damage,
cleanup costs and defense, including costs and expenses incurred in the
investigation, defense, or settlement of claims.
4. Workers’ Compensation coverage as required by the
Industrial Insurance laws of the State of Washington or be a qualified self-
insurer.
5. Excess or Umbrella Liability insurance shall be excess over
and the Franchisee’s Commercial General Liability and Automobile Liability
insurance. The City shall be included as an additional insured on the
Franchisee’s Excess or Umbrella Liability insurance policy by endorsement
as respects to this Agreement.
D. Minimum Amounts of Insurance. The Franchisee shall maintain the
following insurance limits:
1. Commercial General Liability insurance per ISO form CG 00
01 or equivalent shall be written with limits no less than $5,000,000 each
occurrence, $5,000,000 general aggregate.
2. Automobile Liability insurance with a minimum combined
single limit for bodily injury and property damage of $5,000,000 per
accident.
3. Contractors Pollution Liability insurance shall be written in an
amount of at least $2,000,000 per loss, with an annual aggregate of at least
$2,000,000.
4. Workers’ Compensation coverage as required by the
Industrial Insurance laws of the State of Washington or be a qualified self-
insurer and employer’s liability insurance with limits of not less than
$1,000,000.00 per accident/ per disease, per employee/ per disease, policy
limits.
5. Excess or Umbrella Liability insurance shall be written with
limits of not less than $5,000,000 per occurrence and annual aggregate.
The Excess or Umbrella Liability requirement and limits may be satisfied
instead through Franchisee’s Commercial General Liability and Automobile
Liability insurance, or any combination thereof that achieves the overall
required limits.
Page 15 of 109
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Draft Ordinance No. 6852
Franchise Agreement No. FRN21-0006
February 28, 2022
Page 11 of 17
E. Other Insurance Provisions. Franchisee’s Commercial General
Liability, Automobile Liability, Excess or Umbrella Liability, Contractors Pollution
Liability insurance policy or policies are to contain, or be endorsed to contain, that
they shall be primary insurance as respect to the City. Any insurance, self-
insurance, or self-insured pool coverage maintained by the City shall be excess of
the Franchisee’s insurance and shall not contribute with it.
F. Acceptability of Insurers. Insurance is to be placed with insurers with
a current A.M. Best rating of not less than A-: VII.
G. Verification of Coverage. The Franchisee shall furnish the City with
original certificates and a copy of the amendatory endorsements, including but not
necessarily limited to the additional insured endorsement, evidencing the
insurance requirements of this Agreement. Upon request by the City, the
Franchisee shall furnish certified copies of all required insurance policies, including
endorsements, required in this Agreement and evidence of all subcontractors’
coverage.
H. Subcontractors. The Franchisee shall cause each and every
Subcontractor to provide insurance coverage that complies with all applicable
requirements of the Franchisee-provided insurance as set forth herein, except the
Franchisee shall have sole responsibility for determining the limits of coverage
required to be obtained by Subcontractors. The Franchisee shall ensure that the
City is an additional insured on each and every Subcontractor’s Commercial
General liability insurance policy using an endorsement as least as broad as ISO
CG 20 26.
I. Notice of Cancellation. Franchisee shall provide the City with written
notice of any policy cancellation within ten business days of their receipt of such
notice.
J. Failure to Maintain Insurance. Failure on the part of the Franchisee
to maintain the insurance as required shall constitute a material breach of
Agreement, upon which the City may, after giving five business days’ notice to the
Franchisee to correct the breach, terminate the Agreement.
K. Franchisee – Self-Insurance. Franchisee will 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. If the Franchisee is self-insured or becomes self-
insured during the term of the Franchise Agreement, Franchisee or its affiliated
parent entity shall comply with the following: (i) Franchisee shall submit a letter to
the City stating which of the above required insurance provisions in this Section 15
Franchisee proposes to self-insure. (ii)financial statements will be made
available; (iii) Franchisee or its parent company is responsible for all payments
Page 16 of 109
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Draft Ordinance No. 6852
Franchise Agreement No. FRN21-0006
February 28, 2022
Page 12 of 17
within the self-insured retention; and (iv) Franchisee assumes all defense and
indemnity obligations as outlined in Section 14.
Section 16. Financial Security
The Franchisee will provide the City with a financial security 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. If Franchisee fails
to substantially comply with any one or more of the provisions of this Franchise,
the City may recover jointly and severally from the principal and any surety of that
financial security any damages suffered by the City as a result Franchisee’s failure
to comply, including but not limited to staff time, material and equipment costs,
compensation or indemnification of third parties, and the cost of removal or
abandonment of facilities. Franchisee specifically agrees that its failure to comply
with the terms of Section 19 will constitute damage to the City in the monetary
amount set forth in that section. Any financial security will not be construed to limit
the Franchisee’s liability to the security 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
contained in this Franchise are binding upon the successors, assigns of, and
independent contractors of the Franchisee, and all rights and privileges, as well as
all obligations and liabilities of the Franchisee will inure to its successors,
assignees and contractors equally as if they were specifically mentioned herein
wherever the Franchisee is mentioned.
B. This Franchise will not be leased, assigned or otherwise alienated
without the express prior written consent of the City.
C. Franchisee and any proposed assignee or transferee will provide
and certify the following to the City not less than ninety (90) days prior to the
proposed date of transfer: (1) Complete information setting forth the nature, term
and 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 in the amount established by the City’s
fee schedule, plus any other costs actually and reasonably incurred by the City in
processing, and investigating the proposed assignment or transfer.
D. Before the City’s consideration of a request by Franchisee to consent
to a Franchise assignment or transfer, the proposed assignee or transferee will 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
Page 17 of 109
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Draft Ordinance No. 6852
Franchise Agreement No. FRN21-0006
February 28, 2022
Page 13 of 17
and failure of the City to insist on full compliance before transfer does not waive
any right to insist on full compliance thereafter.
Section 18. Dispute Resolution
A. In the event of a dispute between the City and the Franchisee arising
by reason of this Agreement, the dispute will first be referred to the operational
officers or representatives designated by City and Franchisee to have oversight
over the administration of this Agreement. The officers or representatives will meet
within thirty (30) calendar days of either party's request for a meeting, whichever
request is first, and the parties will 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 will
be governed by and construed in accordance with the laws of the State of
Washington. If any suit, arbitration, or other proceeding is instituted to enforce any
term of this Agreement, the parties specifically understand and agree that venue
will be exclusively in King County, Washington. The prevailing party in any such
action will be entitled to its attorneys’ fees and costs.
Section 19. Enforcement and Remedies
A. If the Franchisee willfully violates, or fails to comply with any of the
provisions of this Franchise through willful or unreasonable negligence, or fails to
comply with any notice given to Franchisee under the provisions of this agreement,
the City may, at its discretion, provide Franchisee with written notice to cure the
breach within thirty (30) days of notification. If the City determines the breach
cannot be cured within thirty (30) days, the City may specify a longer cure period,
and condition the extension of time on Franchisee’s submittal of a plan to cure the
breach within the specified period, commencement of work within the original thirty
(30) day cure period, and diligent prosecution of the work to completion. If the
breach is not cured within the specified time, or the Franchisee does not comply
with the specified conditions, the City may, at its discretion, either (1) revoke the
Franchise upon written notice thereof to Franchisee, or (2) claim damages of Two
Hundred Fifty Dollars ($250.00) per day against the financial guarantee set forth
in Section 16 for every day after the expiration of the cure period that the breach
is not cured.
B. If the City determines that Franchisee is acting beyond the scope of
permission granted in this Franchise for Franchisee Facilities and Franchisee
Services, the City reserves the right to cancel this Franchise and require the
Franchisee to apply for, obtain, and comply with all applicable City permits,
franchises, or other City permissions for such actions, and if the Franchisee’s
Page 18 of 109
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Draft Ordinance No. 6852
Franchise Agreement No. FRN21-0006
February 28, 2022
Page 14 of 17
actions are not allowed under applicable federal and state or City laws, to compel
Franchisee to cease those actions.
Section 20. Compliance with Laws and Regulations
A. This Franchise is subject to, and the Franchisee will comply with all
applicable federal, state, and 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. The Franchisee
will 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 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 enacted, amended, or
adopted after the effective date of this Franchise if it provides Franchisee 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 will become automatically effective on expiration of the notice period
unless, before expiration of that period, the Franchisee 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 of the call for
negotiations, the City may enact the proposed amendment, by incorporating the
Franchisee’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 Franchisee, if the Franchisee fails to comply with such amendment or
modification.
Section 21. License, Tax and Other Charges
This Franchise will not exempt the Franchisee from any future license, tax,
or charge which the City may adopt under 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 will
either party be liable for any special, incidental, indirect, punitive, reliance,
consequential or similar damages.
Page 19 of 109
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Draft Ordinance No. 6852
Franchise Agreement No. FRN21-0006
February 28, 2022
Page 15 of 17
Section 23. Severability
If any portion of this Franchise is deemed invalid, the remainder portions
will remain in effect.
Section 24. Titles
The section titles used 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 those administrative procedures necessary
to carry out the directions of this legislation.
Section 26. Entire Agreement
This Agreement, as subject to the appropriate city, state, and federal laws,
codes, and regulations, and the attachments hereto represent the entire
understanding and agreement between the parties with respect to the subject
matter and it supersedes all prior oral negotiations between the parties. All
previous Agreements between the parties pertaining to Franchisee's operation of
its Facilities are hereby superseded.
Section 27. Effective date.
This Ordinance will take effect and be in force five (5) days from and after
its passage, approval and publication as provided by law.
INTRODUCED: ___________________
PASSED: ________________________
APPROVED: _____________________
________________________________
NANCY BACKUS, MAYOR
ATTEST: APPROVED AS TO FORM
___________________________ ________________________________
Shawn Campbell, MMC, City Clerk Kendra Comeau, City Attorney
PUBLISHED: ________________
Page 20 of 109
Page 21 of 109
------------------------------
Draft Ordinance No. 6852
Franchise Agreement No. FRN21-0006
February 28, 2022
Page 17 of 17
EXHIBIT “B”
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.
NEW CINGULAR WIRELESS PCS, LLC,
a Delaware limited liability company
By: AT&T Mobility Corporation
Its: Manager
By: Date:
Name:
Title:
STATE OF _______________)
)ss.
COUNTY OF _____________ )
On this ____ day of _______________, 2022, before me the undersigned, a
Notary Public in and for the State of __________, duly commissioned and sworn,
personally appeared, __________________ the __________________ of AT&T
Mobility Corporation, the Manager of New Cingular Wireless PCS, LLC, 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 22 of 109
AGENDA BILL APPROVAL FORM
Agenda Subject:
Minutes of the February 28, 2022 Study Session Meeting
Date:
March 16, 2022
Department:
Administration
Attachments:
02-28-2022 Minutes
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
Background for Motion:
Background Summary:
Rev iewed by Council Committees:
Councilmember:Staff:
Meeting Date:March 21, 2022 Item Number:CA.A
Page 23 of 109
City Council Study Session Finance,
Technology and Economic Dev elopment
Special Focus Area
February 28, 2022 - 5:30 P M
City Hall Council Chambers and Virtual
MINUT E S
Watch the meeting L I V E !
Watch the meeting video
Meeting videos are not available until 72
hours after the meeting has concluded.
I .C A L L TO O R D E R
Deputy Mayor J eyaraj called the meeting to order at 5:30 p.m. in the
Council Chambers of A uburn City Hall, 25 West Main S treet in Auburn.
I I .P UB L I C PA RT I C I PAT I O N
A .P ublic P articipation
The City Council Meeting was held in person and virtually.
B .Roll Call
Councilmembers virtually present: B ob Baggett, K ate Baldwin, L arry
B rown, Robyn Mulenga, Chris Stearns and Yolanda Trout-Manuel.
Mayor Nancy Backus, Deputy Mayor J ames J eyaraj, I nnovation and
Technical Support S pecialist Danika Olson, P olice Chief Mark Caillier,
Director of I nnovation and Technology David Travis and City Clerk S hawn
Campbell were in Chambers.
The following department directors and staff members attended the
meeting virtually: S enior City Staff A ttorney Harry B oesche, Director of
Community Development J eff Tate, Director of Public Works I ngrid Gaub,
Director of Parks, Arts, and Recreation Daryl F aber, Director of Finance
J amie T homas, Director of Administration Dana Hinman, Assistant
Finance Director K evin F uhrer, Assistant Director of Human Resources
A aron B arber, Community S ervices Manager J oy Scott, Human Services
P rogram Coordinator K yla Wright, Business L icense P rogram Coordinator
Tina Kriss, A irport Manager Tim Mensonides and A ssistant Director of
I nnovation and Technology A shley Riggs.
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
There were no announcements, reports or presentations.
Page 1 of 4Page 24 of 109
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. 6848 (Tate)(15 Minutes)
Director Tate introduced the B usiness L icense Program Coordinator Tina
K riss. He provided Council with a brief description of Tina's roll in the City.
Coordinator Kriss provided Council with a brief description of Ordinance
No. 6848 regarding a proposed update to the B usiness L icense Code for
mobile venders and food trucks. She explained the reasons staff are
recommending the update to the Auburn City Code and the proposed
changes.
Council discussed the projected revenue, the definition of the sections of
the Code, licensing requirements, tracking of mobile food venders, the
complexity of the Code and items allowed within the mobile vendor
license.
B .A uburn Municipal Airport A dvisory Board Annual Update (Gaub)(15 Minutes)
Manager Mensonides and Auburn A irport B oard Chair Deanna Clark
provided Council with the 2021 A ccomplishments at the Airport, including
updating the City Code and Z oning Regulations, completed Board
P rocedures and Standards, update to wayfinding sign, S torm Water
improvements, updated self serve fuel system, receiving an award for food
drive, and recognized by the US D A for the Airport W ildlife P rogram. The
2022 A irport B oard Workplan including the continued hanger development,
Middle Ramp Development, review the airport marketing focus, updating
the A irport rules and regulations and the Airport minimum standards.
Council discussed the projected increase in the number of available
hangers, the amount of fuel used at the airport, the fee's charged in
comparisons with neighboring airports, the waitlist of airport hangers,
number of takeoffs and landings and hosting events at the airport.
C.P hoto E nforcement: S chool Z one Safety Cameras (Gaub)(15 Minutes)
P lanner Malik provided Council with a presentation on School Zone S peed
Cameras. S he provided Council with a brief reminder of the conversation's
with Council previously, she shared the school zones with flashing
beacons, crash history, and school zone speed limits, the preliminary study
results, alternative speed calming measures, previous school zone
program including revenue and expenses and anticipated costs and
revenues to the proposed contract.
Council discussed the spending of any excess revenue, the school zone
crash history, the timing of the school zone cameras, costs to the City,
driver modification with cameras, when cameras are operational, photo of
infraction, people lying about who was driving, placement of school zone
Page 2 of 4Page 25 of 109
cameras, implementing the contract in two phases, the school districts
support of the programs and the process if a person receives an infraction.
D.L egislative Update (Hinman)(10 Minutes)
Director Hinman provided Council with the L egislative Update. S he shared
the dates of the legislative session, the process for a bill to become a law,
current bills regarding public safety, the regulatory and land use, parks and
open spaces and social services.
Council discussed funding for the recovery locator program, revenue
sources for transportation, clean up of the Washington State Department
of Transportation land, use of force language, wait time for health and
social services and middle housing bill.
Deputy Mayor J eyaraj recessed for 5 minutes at 7:44 p.m. Deputy Mayor
J eyaraj reconvened the meeting at 7:50 p.m.
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 ntroduction to E conomic Development Division (Tate)(20 Minutes)
E conomic Development Manager will provide an introduction to the E conomic
Development Division in the first of a five-part series
Councilmember B aggett chaired this portion of the meeting.
Director Tate introduced Economic Development Manager J enn F rancis.
He explained Manager F rancis's role and the plan to provide Council
several E conomic Development updates.
Manager F rancis provided Council with an introduction to E conomic
Development in the City of A uburn. She explained the purpose and roll of
E conomic Development.
Council discussed open storefronts, E conomic Development with
industrial properties, B I A activities, what defines a tourist, partnering with
the Muckleshoot Tribe and status of vacant lots in the downtown area.
V I .O T HE R D I S C US S I O N I T E MS
There were no other discussion items.
V I I .NE W B US I NE S S
There was no new business.
Page 3 of 4Page 26 of 109
V I I I .A D J O UR NME NT
There being no further business to come before the Council, the meeting
was adjourned at 8:23 p.m.
A P P R O V E D this 21st day of March, 2022.
____________________________ _______________________________
J A ME S J E YA R A J , D E P UT Y MAYO R Shawn Campbell, 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 4 of 4Page 27 of 109
AGENDA BILL APPROVAL FORM
Agenda Subject:
Minutes of the March 7, 2022 Regular City Council Meeting
Date:
March 16, 2022
Department:
Administration
Attachments:
03-07-2022 Minutes
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
Background for Motion:
Background Summary:
Rev iewed by Council Committees:
Councilmember:Staff:
Meeting Date:March 21, 2022 Item Number:CA.B
Page 28 of 109
City Council Meeting
March 7, 2022 - 7:00 P M
City Hall Council Chambers and Virtual
MINUT E S
Watch the meeting L I V E !
Watch the meeting video
Meeting videos are not available until 72
hours after the meeting has concluded.
I .C AL L T O O RD E R
I I .P UB L I C PART I C IPAT IO N
1.Public Participation
The City Council Meeting was held in person and virtually.
A .P ledge of Allegiance
Mayor Nancy Backus called the meeting to order at 7:00 p.m. in the
Council Chambers of A uburn City Hall, 25 West Main S treet and led those
in attendance in the Pledge of Allegiance.
B .Roll Call
Councilmembers virtually present: Councilmember B aggett,
Councilmember B aldwin, Councilmember B rown, Councilmember
Mulenga, Councilmember S tearns, Councilmember Trout-Manuel.
Mayor Nancy Backus, Deputy Mayor J eyaraj, Chief of Police Mark Caillier,
Director of I nnovation and Technology David Travis, I nnovation and
Technical Support S pecialist Danika Olson, Directory of Human
Resources Candis Martinson, Chief of Police Mark Caillier, Records Clerk
Hannah Scholl and City Clerk Shawn Campbell were in Chambers.
The following department directors and staff members attended the
meeting virtually: City Attorney Kendra Comeau, Director of P ublic Works
I ngrid Gaub, Director of Finance J amie Thomas, Director of Parks, Arts
and Recreation Daryl F aber, Director of Community Development J eff
Tate and Recreation Manager Kevin W itte.
I I I .ANNO UNC E M E NT S, P RO C L AM AT IO NS, AND P RE S E NTAT I O NS
A .P roclamation - National Women's History Month
Mayor Backus read and proclaimed March 2022 as "National Women's
History Month" in the City of Auburn.
Page 1 of 5Page 29 of 109
B .P roclamation - Problem Gambling Awareness Month
Mayor Backus read and proclaimed March 2022 as "Problem Gambling
Awareness Month" in the City of A uburn.
C.P roclamation - Tamil Heritage Day
Mayor Backus read and proclaimed March 9, 2022 as "Tamil Heritage Day"
in the City of Auburn.
Meena A ruan and Deputy Mayor J eyaraj accepted the proclamation and
thanked the Mayor and Council for acknowledging Tamil Heritage Day.
D.P roclamation - Solidarity for Ukraine
Mayor Backus read and proclaimed Solidarity with the Country of Ukraine.
A lbina Terpetska accepted the proclamation and thanked the Mayor and
Council for their support.
E .K ing County I and Q Facility Update
L eo F lor Director of King County Community and Human S ervices
provided Council a report on the I solation and Quarantine F acility in the
City of Auburn. He stated they are working on selecting a provider for the
Health T hrough Housing P rogram that will be housed in the facility next.
I V.AP P O I NT M E NT S
A .B oards and Commissions A ppointments
City Council to conf irm the following appointments to the B usiness I mprovement A rea
Committee of Ratepayers for a three-year term to expire December 31, 2024:
B rittiany K arlson
K aty Selden
Deputy Mayor J eyaraj moved and Councilmember B aldwin seconded to
approve the Board and Commission members to a three year term to
expire on December 31, 2024.
MO T I O N C A R R I E D UNA NI MO US LY. 7-0
V.AG E ND A M O D I F IC AT I O NS
There were no modifications to the agenda.
Page 2 of 5Page 30 of 109
V I .C IT IZE N I NP UT, P UB L I C HE ARI NG S AND C O RRE S P O ND E NC E
A .Audience Participation
This is the place on the agenda where the public is invited to speak to the City
Council on any issue.
B .Correspondence
There was no correspondence for Council to review.
V I I .C O UNC I L AD HO C C O M M IT T E E RE P O RT S
Council Ad Hoc Committee Chairs may report on the status of their ad hoc Council
Committees' progress on assigned tasks and may give their recommendation to the
City Council, if any.
1.F inance Ad Hoc Committee (Chair B aggett)
Councilmember B aggett, Chair of the Finance ad hoc committee,
reported he and Councilmember Baldwin have reviewed the claims
and payroll vouchers described on the agenda this evening and
recommended their approval.
2.Preservation F unding (Chair J eyaraj)
Deputy Mayor J eyaraj, Chair of the Preservation F unding ad hoc
committee reported that the committee consists of Councilmembers
B rown and Stearns. T hey will begin meeting middle of March through
A pril 4th, 2022 and report back to Council A pril 25th, 2022.
V I I I .C O NS E NT AG E ND A
All matters listed on the Consent Agenda are considered by the City Council to be
routine and will be enacted by one motion in the form listed.
A .Minutes of the February 22, 2022 Council Meeting
B .Claims Vouchers (Thomas)
Claims voucher list dated March 7, 2022 which includes voucher numbers 466990
through 467161, in the amount of $1,843,939.70 and six wire transfers in the amount of
$758,066.25.
C.P ayroll Vouchers (T homas)
P ayroll check numbers 539332 through 539337 in the amount of $543,664.41,
electronic deposit transmissions in the amount of $2,198,320.64 for a grand total of
$2,741,985.05 for the period covering F ebruary 17, 2022 to March 02, 2022
Page 3 of 5Page 31 of 109
D.S etting date for Public Hearing for New Cingular W ireless
P C S, L L C F ranchise Agreement
City Council to set date for Public Hearing for Franchise A greement No. F R N21-0006
for New Cingular W ireless P C S , L L C W ireless Telecommunications Franchise
Deputy Mayor J eyaraj 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. 7-0
I X.UNF INIS HE D B US I NE S S
There was no unfinished business.
X .RE S O L UT IO NS
A .Resolution No. 5651
A Resolution authorizing the Mayor to sign an interlocal agreement admitting the City as
a member of the Washington Multi-City B usiness L icense and Tax P ortal A gency
Councilmember B rown moved and Council Member Trout-
Manuel seconded to adopt Resolution No. 5651.
MO T I O N C A R R I E D UNA NI MO US LY. 7-0
B .Resolution No. 5653
A Resolution authorizing the Mayor to sign an agreement with American Traffic
S olutions, I nc., D B A Verra Mobility, for automated traffic safety camera equipment and
services in school zones
Councilmember S tearns moved and Deputy Mayor J eyaraj seconded to
adopt Resolution No. 5653.
MO T I O N C A R R I E D UNA NI MO US LY. 7-0
C.Resolution No. 5652
A Resolution authorizing the Mayor to execute an agreement between the City of
A uburn and the A ssociation of Washington Cities for Grant F unding and to expend the
funds for Youth S ummer E xperience and E nrichment Programs
Deputy Mayor J eyaraj moved and Councilmember B rown seconded to
adopt Resolution No. 5652.
MO T I O N C A R R I E D UNA NI MO US LY. 7-0
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 time the Mayor and City Council may report on significant items associated with
their appointed positions on federal, state, regional and local organizations.
Page 4 of 5Page 32 of 109
A .From the Council
Deputy Mayor J eyaraj reported he attended the Growth Management
Housing Council meeting.
Councilmember S tearns reported he attended the sub committee of the
Murdered and Missing I ndigenous Women Task Force and the Pierce
County Regional E quity Advisory Commission.
B .From the M ayor
Mayor Backus reported she attended the B lack History Month Celebration
at the Outlet Collection. S he noted the City has completed the third
podcast on homelessness in the City of Auburn.
X I I .NE W B US I NE S S
There was no new business.
X I I I .C L O S E D S E S S I O N
1.Closed S ession
Mayor Backus adjourn into a Closed Session at 7:48 p.m. per R C W
42.30.140(4)(b) for a discussion on collective bargaining for 20
minutes. City Attorney Comeau, Human Resources Director
Martinson, and Chief of Police Caillier were required to attend. T here
is anticipated action to follow. T he meeting reconvened at 8:10 p.m.
Council added Resolution 5656 to the agenda.
2.Resolution No. 5656
Deputy Mayor J eyaraj moved and Councilmember Trout-Manuel
seconded to approve Resolution No. 5656.
MO T I O N C A R R I E D UNA NI MO US LY. 7-0
X I V.AD J O URNM E NT
There being no further business to come before the Council, the meeting
was adjourned at 8:12 p.m.
A P P R O V E D this 21st day of March, 2022.
_______________________________ ___________________________
NA NC Y B A C K US, MAYO R Shawn Campbell, 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 5 of 5Page 33 of 109
AGENDA BILL APPROVAL FORM
Agenda Subject:
Claims Vouchers (Thomas)
Date:
March 16, 2022
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 for Motion:
Background Summary:
Claims Voucher list dated March 21, 2022 which included voucher numbers 467162 through
467340, in the amount of $3,678,809.96, and three wire transfers in the amount of
$717,963.79.
Rev iewed by Council Committees:
Councilmember:Staff:Thomas
Meeting Date:March 21, 2022 Item Number:CA.C
Page 34 of 109
AGENDA BILL APPROVAL FORM
Agenda Subject:
Payroll Vouchers (Thomas)
Date:
March 16, 2022
Department:
Finance
Attachments:
No Attachments Av ailable
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
Approve Payroll Vouchers.
Background for Motion:
Background Summary:
Payroll check numbers 539338 through 539344 in the amount of $74,900.71, electronic
deposit transmissions in the amount of $2,391,574047, also a special payroll for Police
Sergeant Retention Bonuses with electronic deposit transmission in the amount of
$77,191.68, for a grand total of $2,543,666.86 for the period covering March 03, 2022 to
March 16, 2022.
Rev iewed by Council Committees:
Councilmember:Staff:Thomas
Meeting Date:March 21, 2022 Item Number:CA.D
Page 35 of 109
AGENDA BILL APPROVAL FORM
Agenda Subject:
Public Works Project No. CP2102 (Gaub)
Date:
March 15, 2022
Department:
Public Works
Attachments:
Vicinity Map
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
City Council to approve an increase of $75,000.00 in the total maximum authorized contract
amount for Public Works Contract No. 21-33; Construction of Project No. CP2102 4th Street
SE Preservation – Auburn Way South to L ST SE.
Background for Motion:
Background Summary:
Auburn City Code (ACC) Chapter 3.10 specifies the total maximum authorized contract
amount for public work contracts based on contract value. The maximum authorized contract
amount includes the original contract amount plus an authorized contingency. The code allows
for administrative approval of change order work within the authorized contingency amount. If
additional contingency exists within the overall project budget, the code also allows the City
Council to increase the total maximum authorized contract amount, which is an increase to the
authorized contingency available for administrative approval.
CP2012 4th Street SE Preservation project will reconstruct 4th Street SE from Auburn Way
South to L St SE. The project also includes replacement of underground utilities, improved
street lighting, construction of an enhanced pedestrian crossing at J Street SE, construct
bulb-outs to encourage traffic calming and reduce pedestrian crossing distances and replace
sidewalks and curb ramps as needed. During design of the project, it was identified that
additional roadway reconstruction and replacement of two water services were needed on the
dead-end segment of D Street SE, south of 4th Street SE, however at the time, it was unclear
if budget was available to complete this work. Favorable bids have offered the City an
opportunity to make the necessary repairs and include it with the construction of the 4th Street
SE Preservation project.
This requested increase in the maximum authorized contract amount will use the existing
budget and the available overall project contingency to provide for items of work that were not
part of the original contract:
1. Additional paving on the dead-end segment of D Street SE, south of 4th Street SE;
2. Replacement of two water services and associated piping and appurtenances;
3. Sidewalk repair; and
Page 36 of 109
4. Permanent signage.
To fund these changes, an increase in the total authorized contract amount of $75,000 will be
required, which is available within the existing overall project budget. After the allocation of
this additional construction contract contingency, the remaining project budget contingencies
are as follows:
$0.00 remains in the 103 Local Street Fund for the project.
$599,997 remains in the 105 Arterial Street Fund for the project.
$112,874 remains in the 460 Water Utility Fund for the project.
$76,132 remains in the 461 Sewer Utility Fund for the project.
$268,264 remains in the 462 Storm Utility Fund for the project.
Rev iewed by Council Committees:
Councilmember:Stearns Staff:Gaub
Meeting Date:March 21, 2022 Item Number:CA.E
Page 37 of 109
1,333.3
NAD_1983_StatePlane_Washington_North_FIPS_4601_Feet
Feet1,333.3666.70
1:8,000
4th Street SE Preservation - Vicinity Map
1in =667 ft
12/15/2020Printed Date:
Map Created by City of Auburn eGIS
Imagery Date: May 2015
Information shown is for general reference
purposes only and does not necessarily
represent exact geographic or cartographic
data as mapped. The City of Auburn makes no
warranty as to its accuracy.
Project Location
Additional Work Location
Page 38 of 109
AGENDA BILL APPROVAL FORM
Agenda Subject:
Ordinance No. 6848 (Tate)
Date:
March 15, 2022
Department:
Community Development
Attachments:
Ordinance No. 6848
Exhibit A - Ordinance No. 6848
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
City Council to adopt Ordinance No. 6848.
Background for Motion:
I move to adopt Ordinance 6848.
Ordinance No. 6848 moves mobile vending and food truck activities to ACC Chapter 5.20.
The new code provides opportunities for mobile vending for a limited number of days per
year or to obtain an Auburn business license for longer term mobile vending.
Background Summary:
Overvi ew of Current Mobi le Vending and Food Truck Code. Currently the City of Auburn provides
opportunity for mobile sales of the sale of plants, flowers, books, crafts, produce, beverages, food,
and other similar items in a single location. Traditionally, the process to permit these types of
activities has relied upon provisions contained in the city’s zoning code (Title 18), specifically
Chapter 18.46A ACC “Temporary Uses”.
The code provisions within Chapter 18.46A ACC allow for a use to locate within the City of
Auburn on a temporary (interim) basis. A Temporary Use Permit (Type I or II) has been
required in the past for all mobile vending operations prior to commencing business
operations in the city irrespective of where the activity was to occur, how long it was to occur,
or what event it was supporting. Historically, Mobile Vendors and Food Truck have been
treated under the Type I and Type II categories.
General Code Reorganization. Ordinance No. 6848 seeks to shift how mobile vending and
food truck activities are allowed to operate in Auburn. Ordinance No. 6848 adds language to
Page 39 of 109
Chapter 5.20 ACC, a business license regulation so that vendors are subject to the licensing
standards instead of the Temporary Use requirements.
The purpose and benefit of the proposed changes to Chapter 5.20 ACC and creating a new
section on Mobile Vendors and Food Truck activities will provide multiple benefit to our
community and business owners. For example:
1. Increases and supports economic development, fostering opportunities for small
businesses and encourages mobile vendors and food truck activities; and
2. Provides a popular and diverse culinary option for the community; and
3. Provides more access to mobile vending and mobile food activities for business
owners by reducing the time and cost to operate on a more immediate basis; and
4. Provides regulation to protect public health and safety by ensuring the mobile
vendors and mobile food trucks have clear regulations that address health and safety
risks; and
5. Provides an exemption for Mobile Vendors and Food Trucks from having to obtain
a city business license if they are operating on public or private property (parcel) for 10
(ten) days or less within a 365-day period and that are not located on the same parcel
for more than 3 (three) consecutive days; and
6. Still requires a city business license prior to operation for any Mobile Vendor or
Food Truck operating for more than 10 (ten) calendar days in a 365-day period or
located on the same parcel for more than 3 (three) consecutive days to ensure public
health, safety, and welfare of city residents and visitors.
7. Provides information and direction for business owners who would like to operate
in the city for either a city sponsored event or those applying for a Special Event
Permit. A Special Event Permit is an application for an event that hosted by the city and
approved through a permit reviewed by the Special Events Committee for the Auburn
Parks, Arts & Recreation Department. In some cases, a mobile vending or food truck
activities are part of the special event.
Ordinance 6848 was presented to City Council during the February 28, 2022 Study Session.
Rev iewed by Council Committees:
Councilmember:Stearns Staff:Tate
Meeting Date:March 21, 2022 Item Number:ORD.A
Page 40 of 109
Page 41 of 109
--------------------------------
Ordinance No. 6848
March 21, 2022
Page 1 of 2
ORDINANCE NO. 6848
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, ADDING SECTION 5.20.260 TO
AUBURN CITY CODE TO ALLOW THE REGULATION AND
LICENSING OF MOBILE VENDORS AND FOOD TRUCK
RELATED ACTIVITIES
WHEREAS, the City of Auburn desires to support economic development,
fostering opportunities for small businesses and encourage mobile vendors and food
trucks; and
WHEREAS, mobile vending and food trucks are a popular and diverse part of local
economies across the United States; and
WHEREAS, the City of Auburn desires to provide further access to desired mobile
vending and food trucks which contribute to the diversity of food and retail operations
within the city; and
WHEREAS, the City of Auburn seeks to protect public health and safety by
ensuring our mobile vendors and food trucks follow clear regulations that address health
and safety risks; and
WHEREAS, it is in the interests of the city to establish guidelines for mobile
vending and food truck operations to ensure the public health, safety, and welfare of city
residents and visitors; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows:
Section 1. Amendment to City Code. That Section 5.20.260 of the Auburn
City Code is amended to read shown in Exhibit A.
Section 2. Constitutionality and Invalidity. If any section, subsection sentence,
clause, phrase, or portion of this Ordinance, is for any reason held invalid or
unconstitutional by any Court of competent jurisdiction such portion shall be deemed a
separate, distinct, and independent provision, and such holding shall not affect the validity
of the remaining portions thereof.
Page 42 of 109
--------------------------------
Ordinance No. 6848
March 21, 2022
Page 2 of 2
Section 3. Implementation. The Mayor is authorized to implement such
administrative procedures as may be necessary to carry out the directions of this
legislation.
Section 4. Effective Date. This Ordinance shall take effect and be in force five
days from and after its passage, approval and publication as provided by law.
INTRODUCED: _________________________
PASSED: _____________________________
APPROVED: ___________________________
CITY OF AUBURN
ATTEST:
_____
NANCY BACKUS, Mayor
_________________________
Shawn Campbell, MMC, City Clerk
APPROVED AS TO FORM:
_________________________
Kendra Comeau, City Attorney
Published:
Page 43 of 109
Ordinance No. 6848
Exhibit A
Page 1 of 4
ORDINANCE NO. 6848
EXHIBIT A
Division II. Specific Businesses
Chapter 5.20
INDIVIDUAL LICENSE REGULATIONS
Sections:
5.20.010 Chapter purpose and scope.
5.20.020 Definitions – General.
5.20.030 License required – Fee – Term – Notices – Exemptions.
5.20.040 License application – Required – Form.
5.20.050 License application – Approval or disapproval procedure.
5.20.060 License – Display – Nontransferability – Responsibility.
5.20.070 License – Revocation.
5.20.080 Violation – Penalty.
5.20.100 Ambulance businesses.
5.20.110 Amusement devices.
5.20.120 Auto races.
5.20.130 Cabarets.
5.20.140 Carnivals, circuses and shows.
5.20.150 Dances.
5.20.160 Fire extinguisher servicing businesses.
5.20.170 Massage businesses, health salons and public bathhouses.
5.20.180 Merchant patrol and private detective businesses.
5.20.190 Motor vehicle wrecker businesses.
5.20.200 Outdoor musical entertainment.
5.20.210 Pawnbroker and secondhand dealer businesses.
5.20.220 Solicitors.
5.20.230 Taxicab businesses – Provisions adopted by reference.
5.20.240 Tow truck business.
5.20.250 Marijuana related activities.
5.20.260 Mobile Vendors and Food Trucks
Page 44 of 109
Ordinance No. 6848
Exhibit A
Page 2 of 4
5.20.260 Mobile Vendors and Food Trucks
A. Definitions
1. “Mobile Vendors” means any motorized or non-motorized vehicle, trailer, kiosk, pushcart, stand,
display, blanket, ground covering, tent, canopy, or other device designed to be portable and not
permanently attached to the ground from which food, beverages, and/or goods are peddled,
vended, sold, served, displayed, offered for sale, or given away. A display may include a table and
cooler.
2. “Food Truck” is a mobile vehicle equipped to prepare, serve, or sell food and/or beverages. Food
trucks typically contain onboard power, refrigeration, food preparation facilities and space for up
to four employees. This definition also includes any associated seating and tent or canopy.
B. License Application
1. Exemptions. Mobile Vendors or Food Trucks parked on a public or private parcel operating 10
(ten) days or less within a 365-day period and that are not located on the same parcel for more
than 3 (three) consecutive days are exempt from the requirement to obtain a city business license
or a temporary use permit.
2. City Business License Required. Any Mobile Vendor or Food Truck operating for more than 10
(ten) calendar days in a 365-day period or located on the same parcel for more than 3 (three)
consecutive days, is required to obtain a city business license prior to operation. Review of the
business license will include, but is not limited to, all applicable regulations in the Auburn City
Code, and conditions of approval related to previously approved development approvals on the
subject site, with the following exceptions:
a. Mobile Vendors and Food Trucks shall not be subject to the temporary use permit
requirements of Chapter 18.46A ACC.
b. Mobile Vendors and Food Trucks shall not be subject to additional parking requirements of
Chapter 18.52 ACC beyond what was established for the underlying site development
approvals.
3. Operating in the city right-of-way. Mobile Vendors and Food Trucks that operate in the public
right-of-way such as along streets or sidewalks shall first apply for and obtain a right-of-way use
permit for a specific single location and not transferable to a new location. This requirement is in
addition to a city business license unless exempt from the city business license based on the time
limitations provided in ACC 5.2.260(B)(1), above. See Chapter 12.60 ACC for right-of-way use
permit regulations and procedures.
4. All Mobile Vendors and Food Trucks, whether they are exempt from a license or not, are required
to comply with all applicable Federal, State, and County requirements including all State and
County Health Department regulations. Exempt vendors may be relieved a city business license,
but the mobile vendor or food truck shall still comply with all other applicable rules and
regulations of the Auburn City Code.
C. Specific City Business License Regulations
Page 45 of 109
Ordinance No. 6848
Exhibit A
Page 3 of 4
1. Zoning Districts.
a. Non-Residential Zones: Mobile Vendors and Food Trucks are permitted to operate in all non-
residential zones. For purposes of this Chapter, non-residential zones include all commercial,
industrial, and special purpose zones and districts.
b. Residential Zones: Mobile vendors and food trucks operating in residential zoning
districts are permitted for no more than 3 (three) calendar days in the same general
location. Mobile vendors and food trucks shall be fully self-contained, require no utility or
power connections, and are not allowed to have freestanding appurtenant structures beyond
the cart of vehicle, such as, but not limited to, canopies and tents as allowed for other zoning
location as provided in ACC 5.2.260(C)(5). For purposes of this Chapter, residential zones
shall include all residential zoning designations and planned unit developments.
2. Vending location.
a. Non-Residential Zones: Mobile Vendors and Food Trucks on private or public property may
be parked in a designated parking spot or other location used for parking that will not
negatively impact vehicular and non-motorized circulation or safety, does not block fire lanes
or accessible parking stalls, and that does not impede visual site distance for
drivers. Mobile Vendors and Food Trucks may be placed in other locations outside developed
parking or circulation areas that do not disrupt vehicular or non-motorized circulation or that
do not adversely affect site improvements, such as utilities and landscaping.
Any Mobile Vendors or Food Trucks operating in the public right-of-way shall operate in a
location in accordance with an approved right-of-way use permit.
b. Residential Zones: Mobile Vendors and Food Trucks shall not be parked on residential front
yards or driveways where they would impede a public sidewalk. Appropriate parking
locations include, but are not limited to, private access tracts, private driveways where the
public sidewalk is not blocked, private common properties, and within the public right-of-way
provided that a right-of-way permit is issued.
c. All Zones: Mobile Vendors and Food Trucks shall not be parked in a location that blocks
access to a city owned utility or where it will impede garbage collection or mail delivery.
3. Garbage, recycling, and composting. Mobile Vendors and Food Trucks shall
provide sufficient garbage, recycling, and composting receptacles nearby to accommodate all
refuse generated by the operation. Mobile Vendors and Food Trucks that are sited in the same
location for less than a 365-day period must meet the garbage, recycling and composting
standards established in ACC Title 15. Mobile Vendors and Food Trucks that are sited in the
same location for more than a 365-day period must meet the garbage, recycling and composting
provisions established in ACC Title 15 and Title 18. At the cessation of operations, the Applicant
shall also be responsible for removal of any litter or debris and restoration of the affected area.
Food trucks that connect to city utilities or an onsite plumbing system must also adhere to the
Fats, Oil, and Grease (FOG)plan requirements established in Chapter 13.22.
4. Use of liquid petroleum gas (propane) or an open flame (wood or charcoal). A permit from
the Valley Regional Fire Authority is required for the use of propane or an open flame.
Page 46 of 109
Ordinance No. 6848
Exhibit A
Page 4 of 4
5. In addition to canopies, awnings or any other attachments that are supported entirely by the cart or
vehicle and do not touch the ground, a single canopy or tent with three or fewer flexible sheeting
walls are allowed as a freestanding structure (not supported by the cart or vehicle), if located
within five feet of the cart or vehicle, are less than 150 square feet in area, are supported on a
frame that is manufactured as an integral unit, maintained in original “like new” condition, and
are without added flexible sheeting panels, colors, or signage.
Page 47 of 109
AGENDA BILL APPROVAL FORM
Agenda Subject:
Ordinance No. 6850 (Thomas)
Date:
March 16, 2022
Department:
Finance
Attachments:
Memo
Ordinance No. 6850
Schedule A
Schedule B
Budget Impact:
Administrativ e Recommendation:
Council to adopt Ordinance No. 6850
Background for Motion:
Budget Amendment #5 will adjust the 2022 budget to account for new revenue sources not
previously budgeted; carry forward unspent budget from 2021; increase the budget for new
programs and for ARPA funded projects; realign project budgets; and adding the authority to
convert (1) Limited Term Employee to (1) Full Time Employee and convert (1)Temporary
Employee to (1) Limited Term Employee.
Background Summary:
Ordinance No. 6850 (Budget Amendment #5) represents the fifth budget amendment for the
2021-2022 biennium and the second budget amendment for 2022. For details, see the
attached transmittal memorandum and supporting materials.
Rev iewed by Council Committees:
Councilmember:Baggett Staff:Thomas
Meeting Date:March 21, 2022 Item Number:ORD.B
Page 48 of 109
Interoffice Memorandum
To: City Council
From: Jamie Thomas, Finance Director
CC: Nancy Backus, Mayor
Date: March 9, 2022
Re: Ordinance #6850 – 2021-2022 Budget Amendment #5
The City’s biennial 2021-2022 budget was approved by Council as two one-year appropriations. Budget
Amendments #1, #2, and #3, amended the budget for calendar year 2021. Budget Amendment #4, which
was adopted in November 2021, amended the 2022 budget
This amendment will be the fifth budget amendment for the biennium and the second budget amendment
for calendar year 2022. The purpose of this amendment is to 1) realign significant revenue sources; 2)
carry forward remaining 2021 budget authority for identified programs and costs that were budgeted in 2021
but not completed; 3) adjust capital project budgets as needed; and 4) add budget authority for new
programs and other expected changes in 2022.
This budget amendment includes three requests to convert the status of existing, authorized positions:
1. Convert Part-Time Museum Curator to Limited Term (LTE) $ 57,900
2. Convert Senior Accounting Specialist LTE to Senior Accountant FTE 0
3. Convert Cemetery Maintenance Worker LTE to Full Time Employee (FTE) 0
Realign Significant Revenue Sources. This category recognizes changes to revenue budgets to more
closely align with expected collections as well as new grant revenues. Total revenue adjustments total $9.8
million and include:
• Receive American Rescue Plan Act (ARPA) revenues $7,375,600
• Proceeds from the sale of Fire Station #31 to the Valley Regional Fire Authority 2,029,800
• State Dept. of Commerce grant for transit-oriented development 250,000
• Association of Washington Cities grant for summer programs for children 230,700
• King County and interlocal grants for Mill Creek property acquisitions 166,100
• Community Development Block Grants 163,200
• State Dept. of Commerce grant for Housing Action Plan implementation 100,000
• Reduced interagency grant for the Jacobsen Tree Farm project (cp2020) – 500,000
Carry forward unspent expenditure spending authority from 2021: This amendment enables the
completion of various contracts in 2022 by carrying forward unspent resources at the end of 2021. Note
that carry forwards in capital funds are not included in this budget amendment due to the adoption of multi-
year capital budgeting, as approved in Ordinance No. 6682.
Page 49 of 109
Total requested carry forwards equal $2.4 million. Significant items requested to be carried forward include:
• Community Development Block Grants from prior years $ 643,000
• IT Fund costs for hardware, software, and professional services 255,000
• Professional services for water rights mitigation plan 230,000
• SCADA system upgrade 300,000
• Roof replacement for the Arts & Culture Center 150,000
• Veterans, Seniors, and Human Services levy for the Senior Center 114,500
• Auburn Community Resource Center (ACRC) design 88,800
Adjust capital project budgets. These requests represent changes to project budgets, excluding
unspent capital project budgets from 2021 that are automatically carried forward into 2022.
Total requested adjustments to capital projects net to a reduction of $1.4 million. Significant project
adjustments included in this budget amendment include:
• Reduced budget and Parks fees for the Jacobsen Tree Farm project (cp2020) – $2,581,600
• Correct budget for North Airport Stormwater Improvements (cp2118) – 300,000
• Paving gravel roads (cp2125) – ARPA-funded 636,866
• Increase budgets for Sewer and Stormwater comprehensive plans 280,000
• Increase budget for 2nd Street Reconstruction project – fee-supported (cp2003) 225,000
• Auburn Way South Roundabout Improvement – ARPA-funded (cp1622) 150,000
• 124th Avenue Streets Improvements 100,000
• Arterial Pedestrian and Bike Safety project 100,000
Add budget authority for new programs and other expected changes in 2022.These include
requests for increased funding for existing programs and funding requests for new projects or
programs. New requests, which total $4.1 million, include:
• Retention and hiring bonuses from new Police CBA (ARPA-funded) $ 825,000
• COLA increase and deferred compensation from new Police CBA 645,000
• Mitigation of negative economic impacts of COVID (ARPA-funded) 500,000
• Housing and Essential Needs (HEN) vouchers (ARPA-funded) 250,000
• Comprehensive Plan framework and element upgrades 250,000
• Golf Course clubhouse repairs (covered by insurance) 150,000
• Increased funding for City Hall elevator modernization project 133,000
• Increased funding for the Diversity, Equity & Inclusion (DEI) program 124,500
The following table summarizes the current and revised budget as a result of this amendment.
Table 1: 2022 Budget as Amended
2022 Amended Budget $ 346,904,128
Budget Amendment #5 (Ord # 6850) 13,580,486
2022 Budget as Amended $ 360,484,614
Attachments:
Ordinance # 6850
Schedule “A” – Summary of 2022 Budget Adjustments by Fund
Schedule “B” – 2022 Appropriations by Fund
Page 50 of 109
-------------------------
Ordinance No. 6850
March 9, 2022
Page 1 of 3
ORDINANCE NO. 6850
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AMENDING ORDINANCE NO.
6794, THE 2021-2022 BIENNIAL OPERATING BUDGET
ORDINANCE, AND ORDINANCE NO. 6796, THE 2021-2022
BIENNIAL CAPITAL BUDGET ORDINANCE, AS AMENDED BY
ORDINANCE NO. 6815, ORDINANCE NO. 6827, ORDINANCE
NO. 6836, AND ORDINANCE NO. 6837, AUTHORIZING
AMENDMENT TO THE CITY OF AUBURN 2021-2022
BUDGET AS SET FORTH IN SCHEDULE “A” AND SCHEDULE
“B”
WHEREAS, the Auburn City Council at its regular meeting of November 16,
2020, adopted Ordinances Nos. 6794 and 6796 which adopted the City of Auburn
2021-2022 biennial operating and capital budgets; and
WHEREAS, the Auburn City Council at its regular meeting of April 5, 2021,
adopted Ordinance No. 6815 (BA#1) which amended Ordinances Nos. 6794 and
6796 which adopted the City of Auburn 2021-2022 Biennial budget; and
WHEREAS, the Auburn City Council at its regular meeting of August 2, 2021,
adopted Ordinance No. 6827 (BA#2) which amended Ordinance No. 6815 which
amended the City of Auburn 2021-2022 Biennial budget; and
WHEREAS, the Auburn City Council at its regular meeting of November 1,
2021, adopted Ordinances Nos. 6836 (BA#3) and 6837 (BA#4), both of which
amended Ordinance No. 6827 which amended the City of Auburn 2021-2022
Biennial budget; and
WHEREAS, the City of Auburn deems it necessary to appropriate additional
funds to the various funds of the 2022 budget as outlined in this Ordinance (BA#5);
and
Page 51 of 109
-------------------------
Ordinance No. 6850
March 9, 2022
Page 2 of 3
WHEREAS, this Ordinance has been approved by one more than the majority
of all councilpersons in accordance with RCW 35A.34.200.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON DO ORDAIN AS FOLLOWS:
Section 1. Amendment of the 2021-2022 Biennial Budget. The 2021-
2022 Biennial Budget of the City of Auburn is amended pursuant to Chapter
35A.34 RCW, to reflect the revenues and expenditures as shown on Schedule “A”
attached hereto and incorporated herein by reference. The Mayor of the City of
Auburn, Washington is hereby authorized to utilize revenue and expenditure
amounts shown on said Schedule “A” and Schedule “B”. A copy of said Schedule
“A” and Schedule “B” is on file with the City Clerk and available for public
inspection.
Section 2. 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 3. Implementation. The Mayor is authorized to implement those
administrative procedures necessary to carry out the directives of this legislation.
Page 52 of 109
-------------------------
Ordinance No. 6850
March 9, 2022
Page 3 of 3
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: APPROVED AS TO FORM:
____________________________ _______________________________
Shawn Campbell, MMC, City Clerk Kendra Comeau, City Attorney
PUBLISHED:__________________
Page 53 of 109
Schedule A
Summary of 2022 Budget Adjustments by Fund
Budget Amendment #5 (Ordinance #6850)
AE AF AG AH
Beg. Fund
Balance
Revenues
Expenditures
Ending Fund
Balance OT/OG
Req
No
General Fund (#001)
2022 Adopted Budget 10,524,785 81,938,250 85,605,016 6,858,019
Previous Budget Amendments 6,891,448 (106,600) 2,778,300 4,006,548
2022 Amended Budget 17,416,233 81,831,650 88,383,316 10,864,567
BA#5 (Ordinance #6850, Proposed):667,070 2,708,000 4,804,370 (1,429,300)
Mayor's Office:
Diversity, Equity & Inclusion Carry Forward 46,600 - 46,600 - OT 001-01
Carry-Forward of Sally Port Project at City Hall 39,600 - 39,600 - OT 001-02
Inclusive Auburn Initiative – Diversity, Equity & Inclusion Program - - 124,500 (124,500) OT 001-03
Human Resources:
DEI Data Dashboard (ARPA-Funded)- 50,000 50,000 - OT 001-04
Temporary Internship Position in HR - - 20,000 (20,000) 001-05
HR Lobby Build-Out Budget Carry Forward 25,000 - 25,000 - 001-06
Vaccination Incentive Program Carry-Forward (ARPA Funded)- 15,000 15,000 - 001-07
Finance Department:
Convert Sr. Accounting Specialist LTE to Sr. Accountant FTE (no cost in 2022)- - - - OG 001-08
City Attorney's Office:
Emergency Housing Voucher Program (ARPA-Funded)- 250,000 250,000 - OG 001-09
Auburn Resource Center & Homeless Outreach Funding - - 36,700 (36,700) OT 001-10
Property Management Budget Increase - - 25,000 (25,000) OT 001-11
Carry Forward Budget for Server Room Retrofit and Furniture 45,000 - 45,000 - OT 001-12
ACRC – Design & Engineering Carry-Forward and New Request 88,800 - 118,800 (30,000) OT 001-13
Community Development:
Transit-Oriented Development Implementation Grant - 250,000 250,000 - OT 001-14
Comprehensive Plan Framework and Element Updates - - 250,000 (250,000) OT 001-15
ARPA Funding for Mitigated Negative Economic Impacts - 500,000 500,000 - OT 001-16
Façade Improvement Grant Program 20,600 - 20,600 - OT 001-17
Human Services Budget Carry Forward 27,000 - 27,000 - OT 001-18
SKHHP Regional Effort - 100,000 100,000 - OT 001-19
SKHHP Membership Dues - - 26,000 (26,000) OT 001-20
Housing Action Plan Implementation Grant - 100,000 100,000 - OT 001-21
Police Department:
Police CBA Impacts to 2022 Budget - 819,000 1,459,000 (640,000) OG/OT 001-22
Carry Forward of ARPA Funds for Axon Contract - 42,900 42,900 - OT 001-23
Public Works Department:
Commute Trip Reduction Program - 28,000 28,000 - OG 001-24
Local Road Safety Plan Carry Forward 40,000 - 40,000 - OT 001-25
Comprehensive Transportation Plan Carry Forward 65,000 - 65,000 - OT 001-26
Translation Services (ARPA-Funded)- 75,000 75,000 - OT 001-27
Page 1 of 9 3/9/2022 4:38 PM
Page 54 of 109
Schedule A
Summary of 2022 Budget Adjustments by Fund
Budget Amendment #5 (Ordinance #6850)
AE AF AG AH
Beg. Fund
Balance
Revenues
Expenditures
Ending Fund
Balance OT/OG
Req
No
Parks Department:
WSDA Grant for Auburn Farmers Market Carry Forward 17,520 - 17,520 - OT 001-28
KCD 2022 Grant for Auburn Farmers Market - 20,000 20,000 - OT 001-29
Pumphouse Electrical Panel & Irrigation Pump 50,200 - 50,200 - OT 001-30
Golf Course Clubhouse Repairs - 150,000 150,000 - OT 001-31
Miscellaneous Safety and Repair at the Auburn Golf Course - - 40,000 (40,000) OT 001-32
Convert P/T Museum Curator to LTE - - 57,900 (57,900) OT 001-33
King County Revive and Thrive 2022 Grant for Petpalooza - 9,000 9,000 - OT 001-34
Senior Center VSHSL Grant Carry Forward 114,500 - 114,500 - OT 001-35
Auburn Arts & Culture Ctr Carry Forward and New Funding Request 51,000 - 141,000 (90,000) OT 001-36
4Culture – Auburn Arts Alley Funding Carry Forward - 18,400 18,400 - OT 001-37
AWC 2022 SEEK Programs - 230,700 230,700 - OT 001-38
Auburn Way South Median Landscape Replanting/Irrigation - 50,000 50,000 - OT 001-39
Streets Department:
Street Light Repairs Carry Forward 36,250 - 36,250 - OT 001-40
Non Departmental:
ERR Reimbursement for Vehicle Overruns - - 75,000 (75,000) OT 001-41
Replace Golf Mower - - 14,200 (14,200) OT 001-42
Revised 2022 Budget - Fund 001 18,083,303 84,539,650 93,187,686 9,435,267
Arterial Street Fund (#102)
2022 Adopted Budget 427,309 5,778,300 5,892,400 313,209
Previous Budget Amendments 129,821 315,000 515,000 (70,179)
2022 Amended Budget 557,130 6,093,300 6,407,400 243,030
BA#5 (Ordinance #6850, Proposed):- 200,000 350,000 (150,000)
Arterial Pedestrian and Bike Safety Project - - 100,000 (100,000) 102-01
124th Ave SE Improvements Project - 50,000 100,000 (50,000) 102-02
Auburn Way South Roundabout (ARPA-Funded)- 150,000 150,000 - 102-03
Revised 2022 Budget - Fund 102 557,130 6,293,300 6,757,400 93,030
Local Street Fund (#103)
2022 Adopted Budget 1,318,428 1,660,500 1,664,500 1,314,428
Previous Budget Amendments 709,525 - - 709,525
2022 Amended Budget 2,027,953 1,660,500 1,664,500 2,023,953
BA#5 (Ordinance #6850, Proposed):- 636,866 636,866 -
Paving Gravel Roads (ARPA-Funded)- 636,866 636,866 - OT 103-01
Revised 2022 Budget - Fund 103 2,027,953 2,297,366 2,301,366 2,023,953
Page 2 of 9 3/9/2022 4:38 PM
Page 55 of 109
Schedule A
Summary of 2022 Budget Adjustments by Fund
Budget Amendment #5 (Ordinance #6850)
AE AF AG AH
Beg. Fund
Balance
Revenues
Expenditures
Ending Fund
Balance OT/OG
Req
No
Arterial Street Preservation Fund (#105)
2022 Adopted Budget 1,514,104 2,058,800 2,135,000 1,437,904
Previous Budget Amendments (71,451) - - (71,451)
2022 Amended Budget 1,442,653 2,058,800 2,135,000 1,366,453
BA#5 (Ordinance #6850, Proposed):- 225,000 225,000 -
Increase Budget for 2nd Street Reconstruction Project - 225,000 225,000 - OT 105-01
Revised 2022 Budget - Fund 105 1,442,653 2,283,800 2,360,000 1,366,453
American Rescue Plan Act Fund Fund (#106)
2022 Adopted Budget - - - -
Previous Budget Amendments 5,416,700 - 1,970,000 3,446,700
2022 Amended Budget 5,416,700 - 1,970,000 3,446,700
BA#5 (Ordinance #6850, Proposed):371,300 7,375,600 2,923,166 4,823,734
Paving Gravel Roads (ARPA-Funded)- - 636,866 (636,866) OT 106-01
Police CBA Impacts to 2022 Budget - - 825,000 (825,000) OG/OT 106-02
Translation Services (ARPA-Funded)- - 75,000 (75,000) OT 106-03
Carry Forward ARPA-Funded Utility Assistance Program Funds 328,400 - 328,400 - OT 106-04
Vaccination Incentive Program Carry-Forward (ARPA Funded)- - 15,000 (15,000) OT 106-05
ARPA Revenue - 7,375,600 - 7,375,600 OT 106-06
Auburn Way South Median Landscape Replanting/Irrigation - - 50,000 (50,000) OT 106-07
Auburn Way South Roundabout (ARPA-Funded)- - 150,000 (150,000) OT 106-08
Carry Forward of ARPA Funds for Axon Contract 42,900 - 42,900 - OT 106-09
ARPA Funding for Mitigated Negative Economic Impacts - - 500,000 (500,000) OT 106-10
Emergency Housing Voucher Program (ARPA-Funded)- - 250,000 (250,000) OG 106-11
DEI Data Dashboard (ARPA-Funded)- - 50,000 (50,000) OT 106-12
Revised 2022 Budget - Fund 106 5,788,000 7,375,600 4,893,166 8,270,434
Drug Forfeiture Fund (#117)
2022 Adopted Budget 612,573 148,000 356,531 404,042
Previous Budget Amendments (53,266) - - (53,266)
2022 Amended Budget 559,307 148,000 356,531 350,776
BA#5 (Ordinance #6850, Proposed):- 6,000 11,000 (5,000)
Police CBA Impacts to 2022 Budget - 6,000 11,000 (5,000) OG/OT 117-01
Revised 2022 Budget - Fund 117 559,307 154,000 367,531 345,776
Page 3 of 9 3/9/2022 4:38 PM
Page 56 of 109
Schedule A
Summary of 2022 Budget Adjustments by Fund
Budget Amendment #5 (Ordinance #6850)
AE AF AG AH
Beg. Fund
Balance
Revenues
Expenditures
Ending Fund
Balance OT/OG
Req
No
Housing & Comm Develop Fund (#119)
2022 Adopted Budget 42,904 600,000 600,000 42,904
Previous Budget Amendments (579) - - (579)
2022 Amended Budget 42,325 600,000 600,000 42,325
BA#5 (Ordinance #6850, Proposed):- 744,900 744,900 -
Community Development Block Grant Fund Adjustments for 2022 - 744,900 744,900 - OT 119-01
Revised 2022 Budget - Fund 119 42,325 1,344,900 1,344,900 42,325
Cumulative Reserve Fund (#122)
2022 Adopted Budget 6,484,315 80,000 1,950,000 4,614,315
Previous Budget Amendments 4,196,829 - - 4,196,829
2022 Amended Budget 10,681,144 80,000 1,950,000 8,811,144
BA#5 (Ordinance #6850, Proposed):- 2,029,800 - 2,029,800
Sale of Fire Station - 2,029,800 - 2,029,800 OT 122-01
Revised 2022 Budget - Fund 122 10,681,144 2,109,800 1,950,000 10,840,944
Mitigation Fees Fund (#124)
2022 Adopted Budget 9,372,642 1,161,900 5,851,450 4,683,092
Previous Budget Amendments (1,476,597) - (300,000) (1,176,597)
2022 Amended Budget 7,896,045 1,161,900 5,551,450 3,506,495
BA#5 (Ordinance #6850, Proposed):- - (2,581,550) 2,581,550
Reduce Funding for Jacobsen Tree Farm Project - - (2,581,550) 2,581,550 OT 124-01
Revised 2022 Budget - Fund 124 7,896,045 1,161,900 2,969,900 6,088,045
Parks Construction Fund (#321)
2022 Adopted Budget 1,031,996 3,483,950 3,730,050 785,896
Previous Budget Amendments (177,301) 125,000 125,000 (177,301)
2022 Amended Budget 854,695 3,608,950 3,855,050 608,595
BA#5 (Ordinance #6850, Proposed):- (2,915,450) (2,815,450) (100,000)
Reduce Funding for Jacobsen Tree Farm Project - (3,081,550) (3,081,550) - OT 321-01
Mill Creek Assemblage (Grant-Funded)- 166,100 166,100 - OT 321-02
Miscellaneous Park Improvements - - 100,000 (100,000) OT 321-03
Revised 2022 Budget - Fund 321 854,695 693,500 1,039,600 508,595
Page 4 of 9 3/9/2022 4:38 PM
Page 57 of 109
Schedule A
Summary of 2022 Budget Adjustments by Fund
Budget Amendment #5 (Ordinance #6850)
AE AF AG AH
Beg. Fund
Balance
Revenues
Expenditures
Ending Fund
Balance OT/OG
Req
No
Capital Improvements Fund (#328)
2022 Adopted Budget 4,037,304 3,109,910 3,689,210 3,458,004
Previous Budget Amendments 3,027,711 1,550,000 1,950,000 2,627,711
2022 Amended Budget 7,065,015 4,659,910 5,639,210 6,085,715
BA#5 (Ordinance #6850, Proposed):150,000 - 150,000 -
Arts & Cultural Roof Replacement Carry Forward 150,000 - 150,000 - OT 328-01
Revised 2022 Budget - Fund 328 7,215,015 4,659,910 5,789,210 6,085,715
Water Fund (#430)
2022 Adopted Budget 11,169,984 19,298,050 23,266,154 7,201,880
Previous Budget Amendments (210,918) - (1,032,800) 821,882
2022 Amended Budget 10,959,066 19,298,050 22,233,354 8,023,762
BA#5 (Ordinance #6850, Proposed):422,000 - 573,900 (151,900)
Hydraulic Modeling Services Carry Forward 42,000 - 42,000 - OT 430-01
SCADA Radio System Upgrade Carry Forward 150,000 - 150,000 - OT 430-02
Consultant Services for Utility Rate Studies - - 44,300 (44,300) OT 430-03
Carry Forward Professional Services for Water Rights 230,000 - 230,000 - OT 430-04
Reallocate Utility Bill Printing and Credit Card Fee Expenses - - 72,100 (72,100) OT 430-05
ERR Reimbursement for Vehicle Overruns - - 35,500 (35,500) OT 430-06
Revised 2022 Budget - Fund 430 11,381,066 19,298,050 22,807,254 7,871,862
Sewer Fund (#431)
2022 Adopted Budget 9,001,356 9,992,880 8,321,966 10,672,270
Previous Budget Amendments (286,984) - 976,400 (1,263,384)
2022 Amended Budget 8,714,372 9,992,880 9,298,366 9,408,886
BA#5 (Ordinance #6850, Proposed):100,000 - 197,100 (97,100)
SCADA Radio System Upgrade Carry Forward 100,000 - 100,000 - OT 431-01
Consultant Services for Utility Rate Studies - - 25,000 (25,000) OT 431-02
Reallocate Utility Bill Printing and Credit Card Fee Expenses - - 72,100 (72,100) OT 431-03
Revised 2022 Budget - Fund 431 8,814,372 9,992,880 9,495,466 9,311,786
Page 5 of 9 3/9/2022 4:38 PM
Page 58 of 109
Schedule A
Summary of 2022 Budget Adjustments by Fund
Budget Amendment #5 (Ordinance #6850)
AE AF AG AH
Beg. Fund
Balance
Revenues
Expenditures
Ending Fund
Balance OT/OG
Req
No
Storm Drainage Fund (#432)
2022 Adopted Budget 10,263,121 10,951,870 9,283,281 11,931,710
Previous Budget Amendments 613,461 - 369,600 243,861
2022 Amended Budget 10,876,582 10,951,870 9,652,881 12,175,571
BA#5 (Ordinance #6850, Proposed):50,000 - 147,800 (97,800)
SCADA Radio System Upgrade Carry Forward 50,000 - 50,000 - OT 432-01
Consultant Services for Utility Rate Studies - - 25,700 (25,700) OT 432-02
Reallocate Utility Bill Printing and Credit Card Fee Expenses - - 72,100 (72,100) OT 432-03
Revised 2022 Budget - Fund 432 10,926,582 10,951,870 9,800,681 12,077,771
Solid Waste Fund (#434)
2022 Adopted Budget 5,578,288 18,629,600 18,719,680 5,488,208
Previous Budget Amendments (281,301) - 681,200 (962,501)
2022 Amended Budget 5,296,987 18,629,600 19,400,880 4,525,707
BA#5 (Ordinance #6850, Proposed):- - (216,300) 216,300
Reallocate Utility Bill Printing and Credit Card Fee Expenses - - (216,300) 216,300 OT 434-01
Revised 2022 Budget - Fund 434 5,296,987 18,629,600 19,184,580 4,742,007
Airport Fund (#435)
2022 Adopted Budget 1,608,781 1,507,100 2,878,847 237,034
Previous Budget Amendments (473,825) 750,000 (397,200) 673,375
2022 Amended Budget 1,134,956 2,257,100 2,481,647 910,409
BA#5 (Ordinance #6850, Proposed):10,000 - 10,000 -
Airport Repairs & Maintenance Carry Forward 10,000 - 10,000 - OT 435-01
Revised 2022 Budget - Fund 435 1,144,956 2,257,100 2,491,647 910,409
Cemetery Fund (#436)
2022 Adopted Budget 364,582 1,280,400 1,386,048 258,934
Previous Budget Amendments 437,117 97,100 97,100 437,117
2022 Amended Budget 801,699 1,377,500 1,483,148 696,051
BA#5 (Ordinance #6850, Proposed):- - 15,000 (15,000)
Cemetery Gator Replacement - - 15,000 (15,000) OT 436-01
Convert Cemetery Maintenance Worker LTE to FTE (no cost in 2022)- - - - OG 436-02
Revised 2022 Budget - Fund 436 801,699 1,377,500 1,498,148 681,051
Page 6 of 9 3/9/2022 4:38 PM
Page 59 of 109
Schedule A
Summary of 2022 Budget Adjustments by Fund
Budget Amendment #5 (Ordinance #6850)
AE AF AG AH
Beg. Fund
Balance
Revenues
Expenditures
Ending Fund
Balance OT/OG
Req
No
Sewer Capital Fund (#461)
2022 Adopted Budget 8,125,157 755,600 3,815,900 5,064,857
Previous Budget Amendments (395,750) - - (395,750)
2022 Amended Budget 7,729,407 755,600 3,815,900 4,669,107
BA#5 (Ordinance #6850, Proposed):- - 100,000 (100,000)
Additional Funding for Comprehensive Sewer Plan - - 100,000 (100,000) OT 461-01
Revised 2022 Budget - Fund 461 7,729,407 755,600 3,915,900 4,569,107
Storm Drainage Capital Fund (#462)
2022 Adopted Budget 6,713,135 562,800 4,651,800 2,624,135
Previous Budget Amendments 519,381 - 1,381,000 (861,619)
2022 Amended Budget 7,232,516 562,800 6,032,800 1,762,516
BA#5 (Ordinance #6850, Proposed):- - (120,000) 120,000
Additional Funding for Comprehensive Storm Drainage Plan - - 180,000 (180,000) OT 462-01
Correct CP2118 Project Budget - - (300,000) 300,000 OT 462-02
Revised 2022 Budget - Fund 462 7,232,516 562,800 5,912,800 1,882,516
Facilities Fund (#505)
2022 Adopted Budget 623,845 3,694,500 3,724,226 594,119
Previous Budget Amendments (46,261) (67,800) 112,000 (226,061)
2022 Amended Budget 577,584 3,626,700 3,836,226 368,058
BA#5 (Ordinance #6850, Proposed):42,700 150,000 438,700 (246,000)
Replace Justice Center Elevator Components - - 50,000 (50,000) OT 505-01
Arts & Cultural Roof Replacement Carry Forward - 150,000 150,000 - OT 505-02
City Hall Elevator Modification Carry Forward and New Request 42,700 - 175,700 (133,000) OT 505-03
Compliance with Clean Building Standards - - 20,000 (20,000) OG 505-04
Contracted Security - - 43,000 (43,000) OT 505-05
Revised 2022 Budget - Fund 505 620,284 3,776,700 4,274,926 122,058
Page 7 of 9 3/9/2022 4:38 PM
Page 60 of 109
Schedule A
Summary of 2022 Budget Adjustments by Fund
Budget Amendment #5 (Ordinance #6850)
AE AF AG AH
Beg. Fund
Balance
Revenues
Expenditures
Ending Fund
Balance OT/OG
Req
No
Innovation & Technology Fund (#518)
2022 Adopted Budget 1,949,637 6,903,800 7,014,444 1,838,993
Previous Budget Amendments 126,252 6,000 6,000 126,252
2022 Amended Budget 2,075,889 6,909,800 7,020,444 1,965,245
BA#5 (Ordinance #6850, Proposed):255,000 - 255,000 -
Carry Forward IT Equipment, Upgrades and Licenses 255,000 - 255,000 - OT 518-01
Revised 2022 Budget - Fund 518 2,330,889 6,909,800 7,275,444 1,965,245
Equipment Rental Fund (#550)
2022 Adopted Budget 1,552,779 2,301,100 3,079,708 774,171
Previous Budget Amendments 227,114 - 25,700 201,414
2022 Amended Budget 1,779,893 2,301,100 3,105,408 975,585
BA#5 (Ordinance #6850, Proposed):- - 86,000 (86,000)
ERR Reimbursement for Vehicle Overruns - - 86,000 (86,000) OT 550-01
Revised 2022 Budget - Fund 550 1,779,893 2,301,100 3,191,408 889,585
Equipment Rental Capital Fund (#560)
2022 Adopted Budget 3,902,729 1,993,760 1,435,600 4,460,889
Previous Budget Amendments (1,059,460) 72,700 72,700 (1,059,460)
2022 Amended Budget 2,843,269 2,066,460 1,508,300 3,401,429
BA#5 (Ordinance #6850, Proposed):- 225,700 301,400 (75,700)
Replace Golf Mower - 14,200 89,900 (75,700) OT 560-01
Cemetery Gator Replacement - 15,000 15,000 - OT 560-02
ERR Reimbursement for Vehicle Overruns - 196,500 196,500 - OT 560-03
Revised 2022 Budget - Fund 560 2,843,269 2,292,160 1,809,700 3,325,729
Page 8 of 9 3/9/2022 4:38 PM
Page 61 of 109
Schedule A
Summary of 2022 Budget Adjustments by Fund
Budget Amendment #5 (Ordinance #6850)
AE AF AG AH
Beg. Fund
Balance
Revenues
Expenditures
Ending Fund
Balance OT/OG
Req
No
SKHHP Fund (#654)
2022 Adopted Budget 186,885 252,300 315,450 123,735
Previous Budget Amendments 38,028 24,225 25,400 36,853
2022 Amended Budget 224,913 276,525 340,850 160,588
BA#5 (Ordinance #6850, Proposed):- 126,000 100,000 26,000
SKHHP Regional Effort - 100,000 100,000 - OT 654-01
SKHHP Membership Dues - 26,000 - 26,000 OT 654-02
Revised 2022 Budget - Fund 654 224,913 402,525 440,850 186,588
Grand Total - All Funds
2022 Adopted Budget 109,651,771 216,957,920 237,525,025 89,084,666
Previous Budget Amendments 18,764,712 1,529,725 7,424,350 12,870,087
2022 Amended Budget 128,416,483 218,487,645 244,949,375 101,954,753
TOTAL BA#5 (Ordinance #6850, Proposed):2,068,070 11,512,416 6,336,902 7,243,584
Revised 2022 Budget 130,484,553 230,000,061 251,286,277 109,198,337
360,484,614 360,484,614
Page 9 of 9 3/9/2022 4:38 PM
Page 62 of 109
Schedule B
2021 Ending Fund Balance/Working Capital
by Fund
Fund
2022
Adopted
Budget
BA#4
(Ord #6837)
2022
Amended
Budget
(before BA#5)
BA#5
(Ord #6850)
Revised
Budget
General Fund (#001)6,858,019 4,006,548 10,864,567 (1,429,300) 9,435,267
Arterial Street Fund (#102)313,209 (70,179) 243,030 (150,000) 93,030
Local Street Fund (#103)1,314,428 709,525 2,023,953 - 2,023,953
Hotel/Motel Tax Fund (#104)179,066 90,521 269,587 - 269,587
Arterial Street Preservation Fund (#105)1,437,904 (71,451) 1,366,453 - 1,366,453
American Rescue Plan Act Fund (#106)- 3,446,700 3,446,700 4,823,734 8,270,434
Drug Forfeiture Fund (#117)404,042 (53,266) 350,776 (5,000) 345,776
Housing & Comm Develop Fund (#119)42,904 (579) 42,325 - 42,325
Recreation Trails Fund (#120)94,825 2,287 97,112 - 97,112
BIA Fund (#121)27,425 73,070 100,495 - 100,495
Cumulative Reserve Fund (#122)4,614,315 4,196,829 8,811,144 2,029,800 10,840,944
Mitigation Fees Fund (#124)4,683,092 (1,176,597) 3,506,495 2,581,550 6,088,045
City Hall Annex 2010 A&B Bond Fund (#230)4,489 (4,489) - - -
Local Revitalization 2010 C&D Bond Fund (#231)34,133 (34,133) - - -
2020 LTGO A&B Refunding Bonds Fund (#232)- 798,248 798,248 - 798,248
SCORE Debt Service Fund (#238)- - - - -
LID Guarantee Fund (#249)1,689 7 1,696 - 1,696
LID 350 Fund (#275)1,373 794 2,167 - 2,167
Golf/Cemetery 2016 Refunding Fund (#276)- - - - -
Parks Construction Fund (#321)785,896 (177,301) 608,595 (100,000) 508,595
Capital Improvements Fund (#328)3,458,004 2,627,711 6,085,715 - 6,085,715
Local Revitalization Fund (#330)- - - - -
Water Fund (#430)7,201,880 821,882 8,023,762 (151,900) 7,871,862
Sewer Fund (#431)10,672,270 (1,263,384) 9,408,886 (97,100) 9,311,786
Storm Drainage Fund (#432)11,931,710 243,861 12,175,571 (97,800) 12,077,771
Sewer Metro Sub Fund (#433)2,074,736 771,586 2,846,322 - 2,846,322
Solid Waste Fund (#434)5,488,208 (962,501) 4,525,707 216,300 4,742,007
Airport Fund (#435)237,034 673,375 910,409 - 910,409
Cemetery Fund (#436)258,934 437,117 696,051 (15,000) 681,051
Water Capital Fund (#460)2,816,839 (257,156) 2,559,683 - 2,559,683
Sewer Capital Fund (#461)5,064,857 (395,750) 4,669,107 (100,000) 4,569,107
Storm Drainage Capital Fund (#462)2,624,135 (861,619) 1,762,516 120,000 1,882,516
Airport Capital Fund (#465)196,137 140,783 336,920 - 336,920
Cemetery Capital Fund (#466)10,583 43,597 54,180 - 54,180
Insurance Fund (#501)1,400,053 18,262 1,418,315 - 1,418,315
Workers' Comp Fund (#503)2,905,527 58,098 2,963,625 - 2,963,625
Facilities Fund (#505)594,119 (226,061) 368,058 (246,000) 122,058
Innovation & Technology Fund (#518)1,838,993 126,252 1,965,245 - 1,965,245
Equipment Rental Fund (#550)774,171 201,414 975,585 (86,000) 889,585
Equipment Rental Capital Fund (#560)4,460,889 (1,059,460) 3,401,429 (75,700) 3,325,729
IT Capital Fund (#568)225,014 (135,461) 89,553 - 89,553
Fire Pension Fund (#611)1,819,133 55,039 1,874,172 - 1,874,172
SKHHP Fund (#654)123,735 36,853 160,588 26,000 186,588
Cemetery Endowment Fund (#701)2,110,896 39,116 2,150,012 - 2,150,012
Total 89,084,666 12,870,087 101,954,753 7,243,584 109,198,337
Page 63 of 109
AGENDA BILL APPROVAL FORM
Agenda Subject:
Ordinance No. 6851 (Gaub)
Date:
March 15, 2022
Department:
Public Works
Attachments:
Ordinance No. 6851
Exhibit A
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
City Council to adopt Ordinance No. 6851.
Background for Motion:
These amendments update portions of the City Code pertaining to the Storm Water Utility to
help the City administer and comply with the requirements of its National Pollutant Discharge
Elimination System (NPDES) permit.
Background Summary:
The City operates its storm drainage system under a National Pollutant Discharge Elimination
System (NPDES) Western Washington Phase II Municipal Stormwater Permit from the
Washington Department of Ecology (Ecology). This ordinance updates sections of the
Auburn City Code (ACC) Chapter 13.48 to address NPDES requirements related to the
Storm Drainage Utility.
Underground Injection Control (UIC) Program Rule (ACC 13.48.005.B)
The revised code adds compliance with the UIC rules (as described in Ecology’s 2019
Stormwater Management Manual for Western Washington) as one of the functions of the
storm drainage utility.
Maintenance and Repair Responsibilities (ACC 13.48.240 and 13.48.440)
Current city code establishes that the owner(s) of property with frontage(s) along the public
right of way is responsible for maintaining the public sidewalk area along those frontages. The
city code defines the sidewalk area as being the area between the edge of roadway and the
property line, including driveways. In some cases, driveways cross a roadside ditch and
include a pipe, or culvert, placed underneath the driveway, to provide stormwater conveyance
while allowing the driveway connection. These code modifications more clearly define that
these culverts are considered private stormwater facilities and are the responsibility of the
adjacent property owner to maintain, repair, and replace. The code revisions further clarify the
maintenance responsibilities of public stormwater facilities within the sidewalk area, including
ditches and pervious sidewalks. The revisions establish that the adjacent property owner is
responsible for general maintenance of vegetation, moss removal, litter and garbage removal.
Page 64 of 109
The revised code establishes that the City is responsible for maintenance of the stormwater
facilities that are required to provide adequate conveyance and treatment for the stormwater
system. All of these facilities are governed by the requirements of the City’s NPDES permit.
Source Control Program (ACC 13.48.180.B)
The City’s NPDES permit requires that by January 1, 2023 the City begin inspecting pollutant-
generating sources (called the “Source Control Program”) at publicly and privately owned
institutional, commercial and industrial sites. These code revisions provide the authority for
the City to inspect these sites to enforce implementation of required Best Management
Practices (BMPs) to control pollution discharging into the City’s storm drainage system.
Ordinance No. 6851 amends Chapter 13.48 Storm Drainage Utility: 1) to comply with the
Underground Injection Control Program rule, 2) to clarify the maintenance and repair
responsibilities for storm drainage facilities abutting private property, and 3) to codify the
City’s Source Control Inspection Program.
Rev iewed by Council Committees:
Councilmember:Stearns Staff:Gaub
Meeting Date:March 21, 2022 Item Number:ORD.C
Page 65 of 109
--------------------------------
Ordinance No. 6851
March 15, 2022
Page 1 of 3 Rev. 2019
ORDINANCE NO. 6851
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AMENDING AUBURN CITY
CODE (ACC) SECTIONS 13.48.005, 13.48.010, 13.48.180,
13.48.240, AND 13.48.440 REGARDING THE CITY’S
STORM DRAINAGE SYSTEM
WHEREAS, RCW 35.67.020 empowers the city to maintain, conduct and operate
a storm drainage utility to protect the public health, safety, and general welfare ; promote
sound development policies and construction procedures to preserve the city’s natural
resources; and prevent the creation of public nuisances . ACC 13.48 establishes the
City’s storm drainage utility;
WHEREAS, the city’s storm drainage utility operates under a National Pollutant
Discharge Elimination System (NPDES) Western Washington Phase II Municipal
Stormwater Permit from the Washington Department of Ecology;
WHEREAS, in 2017 the city adopted the Washington Department of Ecology’s
Stormwater Management Manual for Western Washington (SWMMWW) as the basis for
stormwater management and protection measures, together with supplemental
requirements specific to the city, into the City of Auburn Surface Water Management
Manual (SWMM), as defined in ACC 12.04.010.B.2;
WHEREAS, portions of ACC 13.48 need to be modified to clarify certain
maintenance responsibilities and to codify a new inspection program required by the
city’s NPDES permit;
WHEREAS, the city’s public storm drainage facilities include underground injection
control (UIC) wells that are used to infiltrate stormwater that are required to comply with
the UIC Program requirements in the SWMMWW;
Page 66 of 109
--------------------------------
Ordinance No. 6851
March 15, 2022
Page 2 of 3 Rev. 2019
WHEREAS, the city’s public storm drainage facilities include channels called
ditches along certain roadways that convey stormwater from the road ways and from the
abutting properties;
WHEREAS, some private property owners have installed private storm drainage
systems, including pipes called culverts, within portions of the public ditches to facilitate
access to or use of the private property;
WHEREAS, the City requires that property owners obtain a permit from the City
to modify the ditches, including the installation of private storm drainage systems ;
WHEREAS, the City desires to define the responsibilities of the private property
owners to maintain these private storm drainage systems serving their property, to
maintain the vegetation in the public ditches abutting the private property, and to
remove debris in the ditches that may hinder the flow of stormwater and cause flooding
or damage to public storm conveyance facilities that operate under the City’s NPDES
permit;
WHEREAS, the City is required by its NPDES permit to implement a new
inspection program (“Source Control Program”) by January 1, 2023 to inspect public
and private properties to ensure that onsite activities are using the Best Management
Practices identified in the SWMM to prevent pollutants from entering the storm drainage
facilities, and to enforce that such best management practices are employed.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows:
Page 67 of 109
--------------------------------
Ordinance No. 6851
March 15, 2022
Page 3 of 3 Rev. 2019
Section 1. Amendments to Chapter 13.48 of the Auburn City Code.
Section 13.48.005, 13.48.010, 13.48.180, 13.48.240, and 13.48.440 of the Auburn City
Code shall be amended as set forth in Exhibit A to this Ordinance.
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 68 of 109
1
EXHIBIT A
13.48.005 Purpose.
The city has determined that a storm drainage utility and associated regulations are
necessary to protect the public health, safety, and general welfare of the citizens of
Auburn; promote sound development policies and construction procedures which
respect and preserve the city’s natural resources; and prevent the creation of public
nuisances that would occur without such utility and regulations. The purpose of the
storm drainage utility is to:
A. Maintain the city’s compliance with the National Pollutant Discharge Elimination
System (NPDES) Western Washington Phase II Municipal Stormwater Permit;
B. Maintain the city’s compliance with the Underground Injection Control Program rule,
Chapter 173-218 WAC as it pertains to stormwater;
BC. Maintain the city’s compliance with federal flood insurance programs;
CD. Require the integration of low impact development policies, procedures, and BMPs
into the city’s storm water infrastructure where feasible;
DE. Control and prevent the flooding of property, both public and private;
EF. Manage uncontrolled volume increase, rate, or contaminated load of runoff;
FG. Maintain and protect existing water resources such as creeks, streams, rivers,
ponds, lakes, groundwater, and other water bodies;
GH. Maintain and protect water used for contact recreation, aquatic habitat, drinking
water supply, and aesthetic quality;
HI. Provide for the planning, security, design, construction, use, maintenance, repair
and inspection of the storm and surface water system;
IJ. Protect the functions and values of critical areas as required under the State’s
Growth Management Act and Shoreline Management Act;
JK. Provide for enforcement of the provisions of this code, the engineering construction
standards and the engineering design standards per Chapter 12.04 ACC, and related
city manuals and code provisions;
KL. Establish rates and charges that provide a method of payment of all or any part of
the cost and expense of maintaining and operating storm water control facilities; all or
any part of the cost and expense of planning, designing, establishing, acquiring,
Page 69 of 109
2
developing, constructing and improving storm water control facilities; or all or any
portion of any issue of general obligation or revenue bonds issued for such purpose.
13.48.010 Definitions.
The following words when used in this chapter shall have the following meanings.
Where ambiguity exists, technical words or phrases shall be interpreted in accordance
with the city’s surface water management manual; nontechnical words or phrases will
be given their dictionary meaning.
A. “Base rate” means the monthly charge for service from the storm drainage utility to
recover costs incurred by the utility such as administrative, billing and collection.
B. “Best management practices (BMPs)” means the schedules of activities, prohibitions
of practices, maintenance procedures and structural and/or managerial practices that,
when used singly or in combination, prevent or reduce the release of pollutants and
other adverse impacts to waters of Washington State.
C. “Channel” (also called “Ditch”) means a constructed depression that collects and
conveys stormwater, often from a public or private road. Channels and ditches are
considered storm drainage systems.
CD. “Charge in lieu of assessment” means a charge made by the city on property which
has not previously participated in the cost of a public storm drainage line directly serving
the property.
DE. “Connection” means the connection of all storm drainage disposal lines and flow
from contributing surface area from all development on a property to a public or private
storm drainage system.
F. “Culvert” means a pipe or structure placed within a ditch or channel and then covered
with fill to provide for non-stormwater uses such as but not limited to vehicular or
pedestrian access to a property. Culverts are considered storm drainage systems.
EG. “Detention” means the temporary storage of storm and surface water runoff with
provisions for the controlled off-site surface release of the stored water.
FH. “Director” means the director of community development and public works of the
city of Auburn or designee.
GI. “Emerging technology” means water quality treatment technologies that are
currently being evaluated for performance.
HJ. “Engineering construction standards and engineering design standards” means the
requirements adopted under Chapter 12.04 ACC for storm drainage, sanitary sewer,
transportation, and water facility design and construction.
Page 70 of 109
3
IK. “Equivalent service unit (ESU)” means a configuration of development or impervious
surfaces estimated to contribute an amount of runoff to the city’s storm drainage system
which is approximately equal to that created by the average single-family residential
parcel. One ESU is equal to 2,600 square feet of impervious surface area or any portion
thereof.
JL. “Hard surface” means an impervious surface, a permeable pavement, or a
vegetated roof.
KM. “Illicit connection” means any manmade conveyance that is connected to a
municipal separate storm sewer without a permit, excluding roof drains and other similar
type connections. Examples include sanitary sewer connections, floor drains, channels,
pipelines, conduits, inlets, or outlets that are connected directly to the municipal
separate storm sewer system.
LN. “Illicit discharge” means any discharge to a municipal separate storm sewer that is
not composed entirely of storm water except discharges pursuant to a NPDES permit
(other than the NPDES permit for discharges from the municipal separate storm sewer)
and discharges resulting from firefighting activities.
MO. “Impervious surface” means a hard surface area that either prevents or retards the
entry of water into the soil mantle as under natural conditions prior to development.
Impervious surface also means a hard surface area which causes water to run off in
greater quantities or at an increased rate of flow from the flow under natural conditions
prior to development. Common impervious surfaces include, but are not limited to,
rooftops, walkways, patios, driveways, parking lots, storage areas, standard Portland
cement concrete (PCC) or asphalt cement concrete (AC) paving, gravel roads, packed
earthen materials, and oiled macadam or other surfaces which similarly impede the
natural infiltration of storm water. Open, uncovered, retention/detention facilities shall
not be considered as impervious surfaces for the purpose of determining whether the
thresholds for application of minimum requirements are exceeded. Open, uncovered
retention/detention facilities shall be considered impervious surfaces for purposes of
runoff modeling.
NP. “Land disturbing activity” means any activity that results in movement of earth, or a
change in the existing soil cover (both vegetative and nonvegetative) and/or the existing
soil topography. Land disturbing activities include, but are not limited to, clearing,
grading, filling, and excavation. Compaction that is associated with stabilization of
structures and road construction shall also be considered land disturbing activity.
Vegetation maintenance practices are not considered land disturbing activity.
OQ. “Low impact development (LID)” means a storm water management and land
development strategy applied at the parcel and subdivision scale that emphasizes
conservation and use of on-site natural features integrated with engineered, small-scale
hydrologic controls to more closely mimic predevelopment hydrologic functions.
Page 71 of 109
4
PR. “National Pollutant Discharge Elimination System (NPDES)” means the national
program for issuing, modifying, revoking, and reissuing, terminating, monitoring, and
enforcing permits, and imposing and enforcing pretreatment requirements, under
Sections 307, 402, 318, and 405 of the federal Clean Water Act, for the discharge of
pollutants to surface waters of the state from point sources. These permits are referred
to as NPDES permits and in Washington State are administered by the Department of
Ecology.
QS. “New development” means land disturbing activities, including Class IV – general
forest practices that are conversions from timber land to other uses; structural
development, including construction or installation of a building or other structure;
creation of hard surfaces; and subdivision, short subdivision and binding site plans, as
defined and applied in Chapter 58.17 RCW. Projects meeting the definition of
redevelopment shall not be considered new development.
RT. “Parcel” means the smallest separately segregated unit or plot of land having an
identified owner, boundaries, and surface area which is documented for tax purpose
and given a tax lot number by the appropriate county assessor for the county in which
the parcel is sited.
SU. “Parcel, developed” means any parcel which has been altered by grading or filling
of the ground surface, or by construction of any improvements or other hard surface.
TV. “Parcel, non-single-family” means any parcel of developed land other than single-
family or two-family (duplex) residential.
UW. “Parcel, single-family residential” means any parcel of land having on it a single
detached dwelling unit which is designed for occupancy by one family or a similar group
of people.
VX. “Parcel, two-family (duplex) residential” means any parcel of developed land having
one duplex (two-family dwelling) per lot.
WY. “Parcel, undeveloped” means any parcel which has not been altered from its
natural state by grading or filling of the ground surface, or by construction of any
improvements or hard surfaces.
Z. “Private Storm Drainage Facilities” means those storm drainage facilities that are not
Public Storm Drainage Facilities.
AA. “Public Storm Drainage Facilities” means those storm drainage facilities that
provide stormwater management for public roadways and city-owned properties, and
that are owned and maintained by the city.
Page 72 of 109
5
XBB. “Redevelopment” means, on a site that is already substantially developed (i.e.,
has 35 percent or more of existing hard surface coverage), the creation or addition of
hard surfaces; the expansion of a building footprint or addition or replacement of a
structure; structural development including construction, installation or expansion of a
building or other structure; replacement of hard surface that is not part of a routine
maintenance activity; and land disturbing activities.
YCC. “Retention” means the storage of storm and surface water runoff with no
provisions for off-site surface release of the stored water other than by evaporation,
infiltration, and low impact development strategies.
ZDD. “Runoff” means water that travels across the land surfaces and discharges to
water bodies either directly or through a collection and conveyance system. See also
“Storm water.”
AAEE. “Source control BMP” means a structure or operation that is intended to prevent
pollutants from coming into contact with storm water through physical separation of
areas or careful management of activities that are sources of pollutants. Source control
BMPs can be divided into two types. Structural source control BMPs are physical,
structural, or mechanical devices or facilities that are intended to prevent pollutants from
entering storm water. Operational source control BMPs are nonstructural practices that
prevent or reduce pollutants from entering the storm water.
BBFF. “Storm drainage facility” means any natural stream/creek or constructed
component of Auburn’s storm drainage system or other storm drainage system.
CCGG. “Storm drainage system” means the total system of storm drainage facilities as
described in ACC 13.48.030.
DDHH. “Storm water” means runoff during and following precipitation and snowmelt
events, including surface runoff and drainage.
EEII. “SWMM” as referred to in this chapter means the City of Auburn Surface Water
Management Manual as adopted in Chapter 12.04 ACC.
FFJJ. “Utility” means the city storm drainage utility created by the ordinance codified in
this chapter.
GGKK. “Watercourse” means a channel, either natural or manmade, in which a flow of
water occurs, either continuously or intermittently.
HHLL. “Water quality treatment” means an engineered and approved facility to remove
contaminants in the existing flow regime of storm water generated from a developed
parcel pursuant to applicable design standards in place at the time of approval.
Page 73 of 109
6
13.48.180 Inspection and compliance with storm drainage requirements.
A. The city shall have the authority to establish the necessary recorded instrument that
identifies required storm best management practices (BMPs), location, and
maintenance obligations.
B. Duly authorized personnel of the city shall have free access to public and private
property at hours subject to the provisions of ACC 1.20.010 for the purpose of :
1. inspecting Inspecting private storm drainage facilitiessystems, the manner in
which they are being used, and the satisfactory compliance with the provisions of
this article.
2. Inspecting the property to ensure that onsite activities are using the BMPs
identified in the SWMM that are intended to prevent pollutants from entering the
storm drainage facilities and that are applicable to the onsite activities, as
required by the Source Control Program provisions in the city’s NPDES permit.
C. Any property, where the existing storm drainage facilities were constructed per
approved construction plans, found to be in nonconformance with such plans, shall be
required to correct all such nonconformances as directed by the city. If, after proper
notice, the property owner does not comply with set requirements as directed by the
city, then the city shall have the authority to correct such nonconformances and bill the
property owner shall be responsible for reimbursing the city for all reasonable costs.
Any delinquent payments shall constitute a lien as fixed by ACC 13.06.290300 and
RCW 35.67.
D. If the city determines that the onsite activities or actions of a property owner, or
discharges from a private storm drainage facility, result in damage to a public storm
drainage facility or a water quality violation, or if such action or discharge requires
corrective action by the city as determined by the city engineer, the property owner will
be liable and financially responsible for said damage, maintenance, and for any and all
necessary repairs or other corrective actions necessary to restore the public storm
drainage facilities to full and normal operation, and will be subject to code enforcement
actions as defined in Chapter 1.25 ACC.
ED. Inspections of storm water treatment and flow control facilities shall be performed
by the city at a frequency to comply with the Western Washington Phase II Municipal
Stormwater NPDES Permit.
FE. Inspections of the implementation and effective use of operational and structural
source control BMPs shall be performed by the city at a frequency to comply with the
Western Washington Phase II Municipal Stormwater NPDES Permit.
EG. New residential developments that are part of a larger common plan of
development or sale shall be inspected every six months during the period of heaviest
house construction (i.e., one to two years following subdivision approval or until 50
Page 74 of 109
7
percent of build-out is achieved) to identify maintenance needs and enforce compliance
with the maintenance standards as needed.
13.48.240 Storm drainage permit – Requirements.
A. It is unlawful for any person to construct, or connect to, or alter a public or private
storm drainage facilitiessystem without first obtaining a written permit to do so from the
city.
B. It is unlawful for any person to modify, alter, remove, repair or replace either a private
or public storm drainage facilitysystem without first obtaining a written permit to do so
from the city, unless such repair or replacement constitutes an emergency ., in which
case a permit will be obtained as soon after the emergency as possible. Maintenance
activities to inspect or clean private or public storm drainage facilities do not require a
permit, except when such activities restrict travel in a public roadway.
C. Storm drainage permit types and categories shall be determined administratively by
the city. In addition to other required permits by the city and by other jurisdictions, aA
storm drainage permit shall be required for the following activities:
1. Addition or replacement of hard surfaces;
2. Land disturbing activities;
3. Development and use of property that creates a direct or indirect need for storm
drainage facilities;
4. Connection to any storm drainage facilitysystem;
5. Installation, removal, or mModification of any storm drainage facilitysystem including,
but not limited to, filling or grading of a ditch or channel and installation, modification, or
replacement of a culvert;
6. Any activities within a critical area and associated buffers;
7. Any other activities as determined by the city engineer to have an impact on the
storm drainage system.
13.48.440 Maintenance responsibility.
A. Private Maintenance Responsibility.
1. The maintenance, and operation, repair, and replacement of private storm drainage
facilitiessystems shall be the responsibility of the property owner. Where the private
storm drainage facilities serve multiple properties, the maintenance, operation, repair
Page 75 of 109
8
and replacement It shall be the responsibility of the developer to make arrangements
with the occupants or owners of the subject property propertiesfor assumption of
operation and maintenance in a manner subject to the approval of the city or in
accordance with the operations and maintenance program prepared for the property’s
storm drainage facilities.
2. The private storm drainage facilities shall be maintained so that discharges comply
with the water quality requirements in ACC 13.48.210. The maintenance, operation,
repair, and replacement shall be performed in accordance with the standards listed in
the SWMM.
3. The city may inspect the private storm drainage facilities in order to ensure continued
use of the facilities for the purposes for which they were built and in accordance with
these arrangements. Failure to maintain the private storm drainage facilities in
accordance with the maintenance standards listed in the SWMM shall be considered a
violation, enforceable in accordance with Chapter 1.25 ACC.
4. If the property owner’s failure to maintain the private storm drainage facility results in
flooding or damage to the adjacent roadway or public storm drainage facility, the city
retains the right to make emergency repairs as needed to protect public safety.
5. Except as described in 13.48.440.B, surface maintenance of private and public storm
management facilities along roadways, including, but not limited to, ditches, channels,
streams, culverts, catch basin openings and grates, and pervious sidewalks, shall be
the burden and expense of the abutting property owner. Maintenance shall include, but
not be limited to: 1) removal of trash, debris, invasive vegetation, and moss; and 2)
vegetation trimming and maintenance. Property owners are not responsible for the
maintenance of underground public stormwater facilities such as pipes, catch basins,
manholes, subgrade material of bioswales, and other underground structures and
appurtenances.
B. Public Maintenance Responsibility.
1. The city shall beis responsible for the maintenance and operation, repair,
replacement, and maintenance to the extent needed to provide adequate
storage, conveyance, infiltration, and treatment of all public storm drainage
facilities located within the public easements and rights-of-way following the
completion of a successful maintenance period and the acceptance of such
facilities by the city.
2. The maintenance, operation, repair, and replacement shall be performed in
accordance with the standards listed in the SWMM.
Page 76 of 109
AGENDA BILL APPROVAL FORM
Agenda Subject:
Ordinance No. 6855 (Gaub)
Date:
March 16, 2022
Department:
Public Works
Attachments:
Ordinance No. 6855
Exhibit A
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
City Council introduce and adopt Ordinance No. 6855.
Background for Motion:
Ordinance 6855 amends City code to include requirements for personal delivery devices and
their operators. These requirements would address security, safety, risk, and operational
considerations as these systems are implemented.
Background Summary:
A personal delivery device (PDD) is an automated or remotely piloted device that contains
storage space for packages, food, and other delivery items. PDDs are an emerging
technology that are utilized by companies like Amazon to transport items from a dispensary
container to nearby delivery destinations. A container, or dispensary, will typically hold 10 to
20 PDDs, or scouts, that deploy once or twice a day. Each scout makes a delivery, typically
within a 1 mile range of the dispensary, and then returns to the dispensary. A van or small
truck stocks the dispensary PDDs once or twice a day.
In April 2019, the Washington State Legislature passed legislation to regulate the use of
PDDs. The bill created RCW 46.75.010 that establishes basic requirements for PDDs and
allows local agencies to provide additional regulation within their jurisdictions. The State
requirements treat a PDD as a pedestrian and provides requirements for the operator of a
PDD to register with the State.
Ordinance 6855 that would amend City code to include requirements for PDDs and their
operators. These requirements would address security, safety, risk, and operational
considerations that are not specifically addressed by the RCW or by current City code.
This ordinance was presented and discussed at the March 14, 2022 City Council study
session. Subsequent to the study session, the City received a request from Amazon for a
meeting with staff to discuss questions and concerns Amazon had regarding the proposed
code. City and Amazon staff met on March 16, 2022 and minor revisions to the proposed
code were made to address the concerns communicated from Amazon in the meeting as
follows: 1) The language that requires personal delivery devices to be capable of allowing the
operator to receive instruction and direction from police officers was clarified. 2) The
Page 77 of 109
requirement that operators inform property owners and residents on delivery routes was
expanded to include delivery areas (rather than specific routes) and to allow the information to
be provided via outreach events rather than solely by written notifications. 3) The $100 limit on
the value of contents the personal delivery devices may carry was removed. Amazon
explained that the personal delivery devices may be carrying multiple packages and that it
would be overly restrictive and burdensome for Amazon to track and limit the contents in each
personal delivery device. If theft from personal delivery devices becomes a public safety
issue, City staff may re-visit this requirement.
Rev iewed by Council Committees:
Councilmember:Stearns Staff:Gaub
Meeting Date:March 21, 2022 Item Number:ORD.D
Page 78 of 109
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Ordinance No. 6855
DATE
Page 1 of 2 Rev. 2018
ORDINANCE NO. 6855
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, CREATING CHAPTER 10.55 OF
THE AUBURN CITY CODE RELATING TO PERSONAL
DELIVERY DEVICES
WHEREAS, a personal delivery device (PDD) is an automated or remotely piloted
device that contains storage space for packages, food, and other delivery items; and
WHEREAS, RCW 46.75.010 establishes basic requirements for PDDs operating
in the State of Washington; and
WHERAS, it is in the public interest to establish additional requirements to address
security, safety, and operational considerations for PDDs in the City of Auburn.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows:
Section 1. Amendment to City Code. Title 10 of the Auburn City Code is
amended to add a new Chapter 10.55 to read as shown in Exhibit A.
Section 2. Implementation. The Mayor is authorized to implement those
administrative procedures necessary to carry out the directives of this legislation.
Section 3. Severability. The provisions of this ordinance are declared to be
separate and severable. The invalidity of any clause, sentence, paragraph, subdivision,
section, or portion of this ordinance, or the invalidity of the application of it to any person
or circumstance, will not affect the validity of the remainder of this ordinance, or the validity
of its application to other persons or circumstances.
Page 79 of 109
--------------------------------
Ordinance No. 6855
DATE
Page 2 of 2 Rev. 2018
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 80 of 109
Ch. 10.55 Personal Delivery Devices | Auburn City Code Page 1 of 3
Chapter 10.55
PERSONAL DELIVERY DEVICES
Sections:
10.55.010 Definitions.
10.55.020 Operating Regulations
10.55.010 Definitions.
The following words and phrases when used in this chapter shall, for the purpose of this chapter, have the
meanings respectively ascribed to them in this section.
A. “Personal delivery device” is as defined by RCW 46.75.010.
B. “Personal delivery device operator”, also referred to herein as “Operator” is as defined by RCW 46.75.010.
C. “Eligible Entity.” As used in this Code, the term “Eligible Entity” shall have the same meaning as RCW
46.75.010(2).
D. “Roadway construction zone” is as defined by RCW 46.61.527.
E. “Personal delivery device train” is defined as two to three personal delivery devices operating in the same
direction of travel with three feet or less of space in between each device.
10.55.020 Operating Regulations
A. Personal Delivery Device Operators shall obey all rules of the road applicable to pedestrian traffic, as well
as the instructions of official traffic-control signals, signs and other traffic control devices applicable to
pedestrians, unless otherwise directed by a traffic control device or sign, a police officer, or a traffic control
flagger. Personal delivery devices shall be capable of allowing an Operator to control the device in accordance
with such rules, instructions and directions.
B. Additionally, it shall be unlawful to operate a personal delivery device in or on the following:
1. A class II bikeway, as defined by the Engineering Design Standards as adopted in ACC 12.04.
Exhibit A
Page 81 of 109
Ch. 10.55 Personal Delivery Devices | Auburn City Code Page 2 of 3
2. A sidewalk with a width, excluding curb, of less than 5 feet.
3. A roadway within a vehicular travel lane.
4. A roadway shoulder with a paved width of less than 5 feet as measured from the center of the fog
line to the edge of shoulder pavement
5. An area where vehicle parking is not restricted
6. Roadway construction zone
C. No personal delivery device shall be operated in such a manner as to endanger or be likely to endanger any
person or property. Examples of operating in such a manner include, but are not limited to, failure to obey all
traffic-control devices, failure to yield right-of-way to pedestrians, bicycles, and/or vehicular traffic.
D. No personal delivery device shall be operated within a school zone while children are present or while
flashing school zone beacons are active.
E. The deployment and operation of a Personal delivery device requires a minimum 50 feet of separation
between the device and another personal delivery device or personal delivery device train operating in the
same crosswalk or on the same side of a roadway.
E. No personal delivery device shall cross roadways at crosswalks with pedestrian traffic signals or beacons
that require push-button activation except those personal delivery devices that are capable of pushing the push-
buttons or following the directions of the signal indicators (traffic control devices) to know when to cross the
street.
F. No personal delivery device shall cross roadways at crosswalks with furnished hand held pedestrian
crossing flags except those personal delivery devices that are capable of using the hand held pedestrian
crossing flags or that are equipped with a flag that provides equal or greater visibility than would have been
provided by the hand held flag.
G. No personal delivery device shall operate without the Operator providing written notification to all
property owners and residents in the area which the personal delivery device intends to operate, and to the
Washington State Department of Services for the Blind. Written notification shall include, at a minimum, the
following elements: an illustration of the personal delivery device, Operator contact name, title, phone number,
and e-mail address, and a summary of local and state laws and regulations governing the personal delivery
device operations. Written notification shall be provided on no less than an annual basis. As an alternative to
written notification to property owners and residents, the Operator or Eligible Entity may conduct public
outreach events that provide the minimum required information to the property owners and residents.
H. No personal delivery device shall operate without the Operator providing written notification to the City
Engineer. Written notification shall include, at a minimum, the following elements: an illustration of the
personal delivery device, Operator contact name, title, phone number, and e-mail address, device storage
Page 82 of 109
Ch. 10.55 Personal Delivery Devices | Auburn City Code Page 3 of 3
location, planned routes and delivery area, identified roadway crossings, hours of operation, a summary of
planned and completed property owner and resident notification per ACC 10.55.020 G, and number of
deliveries planned per day. Written notification shall be provided on no less than an annual basis.
I. The Eligible Entity must obtain a business license per ACC Title 5.
J. The Operator of a personal delivery device is responsible for retrieving the personal delivery device at such
time as it has been damaged, malfunctions, is vandalized, or otherwise cannot or does not return to the personal
delivery device storage location. The Operator shall retrieve the device within 48-hours of receiving notice or
otherwise becoming aware that the device did not return to its storage location.
K. Within one hour of being notified or becoming aware, an Operator shall retrieve any personal delivery
devices that creates a hazard to other roadway or sidewalk users or blocks a roadway or sidewalk.
L. If a personal delivery device is involved in or present for an incident resulting in any personal injury or
property damage of $1,000 or more (whether involving vehicles, bicycles, pedestrians or otherwise), the
Operator shall within 24 hours after the incident provide the City’s police department with all video recordings
and logs of the device’s activities pertaining to the incident that the device has recorded, collected or created.
M. Personal delivery devices shall not operate during the following adverse weather conditions: 1-inch or more
of snowfall accumulation present on, or along, the Personal Delivery Device route, lightning storms, dense fog,
raining, or snowing conditions that limits the visibility of the device being seen to 100 feet or less, heavy
rainfall (1-inch or more in an hour), wind storms (20 mile per hour sustained winds or 30 mile per hour or
higher gusts), and freezing temperatures.
N. The Operator shall be insured in accordance with the Engineering Construction Standards of ACC 12.04.
O. Personal delivery devices shall be clearly marked with phone number and e-mail contact information
for the Operator and the Operator shall actively monitor the phone number and e-mail continuously while
any unit is deployed, including while a unit is missing, malfunctioned, stuck, or stolen.
P. By choosing to operate in the City, Operators and eligible entities acknowledge that emergency
responders shall incur no liability or responsibility for damages, replacement, or repairs to a personal
delivery device that must be disabled, blocked or de-activated to protect against injury, property damage,
or to otherwise provide for public safety.
Q. Pursuant to RCW 46.75.050, the registered agent for an Eligible Entity operating a Personal Delivery
Device shall be responsible for any traffic infractions committed by a personal delivery device. The
registered agent information is required to be part of the Auburn Business License. Any such infraction
committed by a Personal Delivery Device is punishable by a $200 fine.
Page 83 of 109
AGENDA BILL APPROVAL FORM
Agenda Subject:
Ordinance No. 6857 (Tate)
Date:
March 15, 2022
Department:
Community Development
Attachments:
Ordinance No. 6857
Ordinance No. 6857 Exhibit A - ACC Chapter
8.13
Ordinance No. 6857 Exhibit B - ACC Chapter
1.25
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
City Council to adopt Ordinance No. 6857.
Background for Motion:
I move to adopt Ordinance 6857
Ordinance 6857 amends Auburn City Code Chapters 1.25 and 8.13 which will assist Code
Compliance staff with the process for graffiti removal, as well as standardizing timelines for
compliance.
Background Summary:
On March 14, 2022, staff presented for discussion to City Council, an overview of the graffiti
abatement through art installations program which is currently in place in Auburn. At the end
of the presentation, staff made recommendations for an option that would shorten the
timeframe on which graffiti needs to be removed from private property. The
recommendations included but were not limited to amendments to Chapters 1.25 and
Chapter 8.13 the Auburn City Code, which would support the elimination of blight in the
community due to graffiti, and to align timeframes for civil penalties for violations.
Rev iewed by Council Committees:
Councilmember:Stearns Staff:Tate
Meeting Date:March 21, 2022 Item Number:ORD.E
Page 84 of 109
--------------------------------
Ordinance No. 6857
March 21, 2022
Page 1 of 2
ORDINANCE NO. 6857
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, RELATING TO HEALTH AND
SAFETY REGULATION, REVISING GRAFFITI REMOVAL
CRITERIA, AND TO CREATE CONSISTENT TIMELINES
FOR CIVIL PENALTIES FOR VIOLATIONS BY AMENDING
CHAPTERS 1.25 AND 8.13 OF THE AUBURN CITY CODE
WHEREAS, the City of Auburn has a strong desire to provide residents and visitors
the feeling of pride and safety while out in the community; and
WHEREAS, to preserve property values through the elimination of graffiti and the
blight it causes; and
WHEREAS, revision of the City’s code sections relating to graffiti removal and
timelines for civil penalties for violations will improve the safety and welfare of Auburn
residents.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows:
Section 1. Amendment to City Code. That Chapter 8.13 of the Auburn
City Code be and the same hereby is amended to read as shown in Exhibit A of this
Ordinance.
Section 2. Amendment to City Code. That Chapter 1.25 of the Auburn
City Code be and the same hereby is amended to read as shown in Exhibit B of this
Ordinance.
Section 4. Implementation. The Mayor is hereby authorized to implement
such administrative procedures as may be necessary to carry out the directions of this
legislation.
Page 85 of 109
--------------------------------
Ordinance No. 6857
March 21, 2022
Page 2 of 2
Section 5. 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 thereof
to any person or circumstance shall not affect the validity of the remainder of this
ordinance, or the validity of its application to other persons or circumstances.
Section 6. Effective date. This Ordinance shall take effect and be in force
five days from and after its passage, approval and publication as provided by law.
INTRODUCED: ___________________
PASSED: ________________________
APPROVED: _____________________
________________________________
NANCY BACKUS, MAYOR
ATTEST:
___________________________
Shawn Campbell, City Clerk
APPROVED AS TO FORM:
__________________________
Kendra Comeau, City Attorney
Published: _________________
Page 86 of 109
Ch. 8.13 Graffiti Removal | Auburn City Code Page 1 of 4
The Auburn City Code is current through Ordinance 6842, passed November 15, 2021.
Chapter 8.13
GRAFFITI REMOVAL
Sections:
8.13.010 Graffiti deemed nuisance.
8.13.020 Definitions.
8.13.030 Graffiti prohibited.
8.13.040 Graffiti – Notice of removal.
8.13.050 City costs enforceable – Debt – Lien.
8.13.060 Appeal.
8.13.070 Removal Abatement by city.
8.13.010 Graffiti deemed nuisance.
A. Graffiti and other defacement of public and private property, including walls, rocks, bridges, buildings,
fences, gates and other structures, trees, and other real and personal property within the city constitutes a
nuisance.
B. Although it is appropriate, where possible, to request that the courts require people who are convicted of
acts of defacement and vandalism involving application of graffiti to public or private property to restore the
property so defaced, damaged or destroyed, obtaining convictions for such acts is difficult because the offenses
involving such offenses can be committed so very quickly and secretively that witnesses to the acts are
frequently nonexistent.
C. Although the public should be encouraged to cooperate in the elimination of graffiti by reporting the same
to the proper authorities, it is also important to eliminate the presence of graffiti from the community so that
the product of the illegal acts of those involved in application of graffiti is not visible and the property on
which the graffiti is located and surrounding properties do not suffer diminution of value. (Ord. 5650 § 1, 2002.)
8.13.020 Definitions.
For the purposes of this chapter, the following words shall have the following meanings:
A. “Graffiti” means the defacing, damaging, or destroying by spraying of paint or marking of ink, chalk, dye,
or other similar substances on public or private buildings, structures, and places, including natural features of
the environment.
Page 87 of 109
Ch. 8.13 Graffiti Removal | Auburn City Code Page 2 of 4
The Auburn City Code is current through Ordinance 6842, passed November 15, 2021.
B. “Graffiti abatement procedure” means the abatement procedure which identifies graffiti, issues notice to
the landowner to abate the graffiti, and cures in absence of response.
C. “Private contractor” means any person with whom the city shall have duly contracted to remove graffiti.
(Ord. 5650 § 1, 2002.)
8.13.030 Graffiti prohibited.
It shall be unlawful for any person to write, paint or draw upon any wall, rock, bridge, building, fence, gate or
other structure, tree, or other real or personal property, either publicly or privately owned, any drawing,
inscription, figure, or mark of the type which is commonly known and referred to as “graffiti” within the city.
(Ord. 5650 § 1, 2002.)
8.13.040 Graffiti – Notice of removal.
A. Whenever the mayor, or their designated representative, determines that graffiti exists on any public or
private buildings, structures, and places which are visible to any person utilizing any public road, parkway,
alley, sidewalk or other right-of-way within the city, the mayor or their designated representative shall cause a
notice to be issued to abate such nuisance. The property owner shall have 15 3 calendar days after the date of
the notice to remove the graffiti or the same will be subject to abatement by the city; provided, that when
weather and/or seasonal temperatures are not conducive to such abatement, the mayor, or their designated
representative, may continue and/or delay the time for completion of abatement until the weather and seasonal
temperatures reasonably permit the painting of exterior surfaces.
B. The notice to abate graffiti pursuant to this section shall cause a written notice to be served upon the
owner(s) of the affected premises, as such owner’s name and address appears on the last property tax
assessment rolls of the county in which the property is located. If there is no known address for the owner, the
notice shall be sent in care of the property address. The notice required by this section may be served in any
one of the following manners:
1. By personal service on the owner, occupant or person in charge or control of the property;
2. By registered or certified mail addressed to the owner at the last known address of said owner. If this
address in unknown, the notice will be sent to the property address.
C. The notice shall be substantially in the following form:
Notice of Intent to Remove Graffiti
Page 88 of 109
Ch. 8.13 Graffiti Removal | Auburn City Code Page 3 of 4
The Auburn City Code is current through Ordinance 6842, passed November 15, 2021.
Date:
To:
NOTICE IS HEREBY GIVEN that you are required, by Ordinance of the City of Auburn, at your own expense, to
remove or paint over the graffiti located on the property commonly known as (address), Auburn, Washington, which
is visible to public view, within fifteen (15) days after the date of this notice; or, if you fail to do so, the City requires
the nuisance to be abated by removal or painting over of the graffiti. The cost of the abatement by the City or private
contractors employed by the City to abate the nuisance will be assessed upon your property and such costs will
constitute a lien upon the land until paid.
All persons having any objection to, or interest in said matters, are hereby notified to submit any objections or
comments to the Mayor of the City of Auburn or their designated representative, within ten (10) days from the date of
this notice. If no objections or comments to the notice are received by the City, the City will, at the conclusion of the
fifteen (15) day period, proceed with abatement of the graffiti inscribed on your property at your expense without
further notice.
(Ord. 5650 § 1, 2002.)
8.13.050 City costs enforceable – Debt – Lien.
Any and all costs incurred by the city in the abatement of the graffiti nuisance as provided in this chapter shall
constitute a debt owed to the city by the property owner or person in charge or control of the property, and
shall be enforceable as a lien against the property upon which such nuisance existed, in addition to the other
legal remedies available for enforcement of debts. (Ord. 5650 § 1, 2002.)
8.13.060 Appeal.
Within 10 days from the mailing or from personal service of the notice of intent to remove graffiti, the owner
or person occupying or controlling the premises affected may appeal the matter to the Auburn city council.
Filing of an appeal will stay, during the pendency of the appeal, any enforcement or actions by the city to abate
the graffiti nuisance. There shall be no fee required for filing such an appeal. (Ord. 5650 § 1, 2002.)
8.13.070 Removal Abatement by city.
A. Upon failure of persons to comply with the notice by the designated date, or such continued date thereafter
as the mayor, or their designated representative, approves, then the mayor or designee is authorized and
directed to cause the graffiti to be abated by city forces or by private contract, and the city or its private
Page 89 of 109
Ch. 8.13 Graffiti Removal | Auburn City Code Page 4 of 4
The Auburn City Code is current through Ordinance 6842, passed November 15, 2021.
contractor is expressly authorized to enter upon the premises for such purposes. All reasonable efforts to
minimize damage from such entry shall be taken by the city, and any paint used to obliterate or cover graffiti
shall be as close as practicable to background color(s). If the mayor or designee provides for the removal of the
graffiti, they shall not authorize nor undertake to provide for the painting or repair of any more extensive area
than the area where the graffiti is located.
B. Property owners in the city of Auburn may consent in advance to city entry onto private property for
graffiti removal purposes. (Ord. 5650 § 1, 2002.)
The Auburn City Code is current through Ordinance 6842, passed November 15, 2021.
Disclaimer: The city clerk’s office has the official version of the Auburn City Code. Users should contact the
city clerk’s office for ordinances passed subsequent to the ordinance cited above.
Note: This site does not support Internet Explorer. To view this site, Code Publishing Company recommends
using one of the following browsers: Google Chrome, Firefox, or Safari.
City Website: www.auburnwa.gov
Code Publishing Company
Page 90 of 109
Ch. 1.25 Civil Penalties for Violations | Auburn City Code Page 1 of 10
The Auburn City Code is current through Ordinance 6842, passed November 15, 2021.
Chapter 1.25
CIVIL PENALTIES FOR VIOLATIONS
Sections:
1.25.010 Purpose.
1.25.020 Definitions.
1.25.030 Notice to correct violation.
1.25.035 Stop work order.
1.25.040 Notice of infraction.
1.25.050 Penalties for infractions.
1.25.060 Uncorrected violations.
1.25.065 Additional penalty and enforcement provisions.
1.25.070 Repealed.
1.25.080 Interpretation.
1.25.090 Repealed.
1.25.100 Collection enforcement and/or abatement.
1.25.110 Additional enforcement procedures.
1.25.120 Constitutionality or invalidity.
1.25.010 Purpose.
It is the purpose of this chapter to generally provide civil penalties for non-fire code violations of this title and
ACC Titles 5, 8, 10, 12, 13, 15, 16, 17 and 18, all standards, regulations and procedures adopted pursuant to
those titles, and the terms and conditions of any permit or approval issued pursuant to those titles which do not
involve imminent danger to the public health, safety and welfare of persons or property, and such other code
provisions as are specified. Criminal penalties provided in this code for non-fire violation of this title and ACC
Titles 5, 8, 10, 12, 13, 15, 16, 17 and 18, and all standards, regulations and procedures adopted pursuant to
those titles, and the terms and conditions of any permit or approval issued pursuant to those titles whether
contained in Chapter 1.24 ACC or in the individual titles are superseded to the extent provided herein. It is the
intent of this chapter to permit a timely and efficient means of enforcement, to establish definitions, monetary
penalties for violations and a hearing process before the court of limited jurisdiction authorized to hear cases of
the city as assigned in the ACC or as otherwise provided by law. (Ord. 6613 § 5, 2016; Ord. 6429 § 1, 2012; Ord.
5966 § 1, 2006; Ord. 5837 § 1, 2004; Ord. 5677 § 2, 2002; Ord. 5667 § 1, 2002; Ord. 5246 § 1 (Exh. B), 1999; Ord. 5212 § 1
(Exh. B), 1999; Ord. 4460 § 1, 1991.)
Page 91 of 109
Ch. 1.25 Civil Penalties for Violations | Auburn City Code Page 2 of 10
The Auburn City Code is current through Ordinance 6842, passed November 15, 2021.
1.25.020 Definitions.
Except where specifically defined in this section, all words used in this chapter shall carry their customary
meanings. The word “shall” is always mandatory, and the word “may” denotes a use of discretion in making a
decision.
A. “Act” means doing or performing something.
B. “Code enforcement official” means the director or designee of the director of the department authorized
and/or empowered to enforce a violation of ACC Titles 5, 8, 12, 13, 15, 16, 17 and 18, and Chapter 10.02
ACC, or such other provisions of the ACC that are enforceable pursuant to the provisions of this chapter, and
all standards, regulations and procedures adopted pursuant to those titles and the terms and conditions of any
permit or approval issued pursuant to those titles of this code, and such of the code provisions specifying civil
penalties not within the specific or exclusive enforcement responsibility of another official.
C. “Emergency” means a situation or civil violation which in the opinion of the code enforcement official
requires immediate action to prevent or eliminate an imminent threat to the public health, safety or welfare of
persons or property.
D. “Omission” means a failure to act.
E. “Person” includes any natural person, the heirs, executors, administrators or assigns, and also includes a
firm, partnership or corporation, its or their successors or assigns, a governmental body, or the agent of any of
the aforesaid.
F. “Stop work order” means the written order issued by the code enforcement official or other authorized
enforcement official, or designee, to direct that work or activity shall be stopped until such activity is
authorized to resume by the code enforcement official or other authorized enforcement official, or designee.
G. “Violation” means an act or omission contrary to requirements contained in ACC Titles 5, 8, 12, 13, 15,
16, 17 and/or 18, and Chapter 10.02 ACC, or such other provisions of the ACC that are enforceable pursuant
to the provisions of this chapter, and/or all standards, regulations and procedures adopted pursuant to those
titles and the terms and/or conditions of any permit or approval issued pursuant to those titles, and such other
code provisions as are specified.
H. “Court” means the court of limited jurisdiction authorized to hear cases of the city.
I. “Property owner” means any person or persons, having legal right or interest such as a fee owner, contract
purchaser, mortgagor or mortgagee, option or optionee, and beneficiary or grantor of a trust or deed of trust,
but not including the grantee of an easement. (Ord. 6429 § 2, 2012; Ord. 6328 § 1, 2010; Ord. 5966 § 2, 2006; Ord. 5677
§ 2, 2002; Ord. 5667 § 2, 2002; Ord. 5372 § 1, 2000; Ord. 5246 § 1 (Exh. B), 1999; Ord. 5212 § 1 (Exh. B), 1999; Ord. 4460 § 1,
1991.)
Page 92 of 109
Ch. 1.25 Civil Penalties for Violations | Auburn City Code Page 3 of 10
The Auburn City Code is current through Ordinance 6842, passed November 15, 2021.
1.25.030 Notice to correct violation.
A. Authority to Issue.
1. Whenever the code enforcement official or other authorized enforcement official, or designee,
determines that a violation is occurring or has occurred, they may issue a notice to correct the violation, in
a form pursuant to subsection C of this section, to the property owner(s) and/or tenant(s) and/or to any
person(s) causing or allowing or participating in the violation.
2. If a notice to correct the violation has been issued, the code enforcement official shall require the
violation to be corrected within one to 15 working calendar days from the issuance of the notice to
correct. The length of time to correct shall be determined, in the sole discretion of the code enforcement
official or other authorized enforcement official, or designee, by the scope of violation, the history of
prior violations by the same persons and/or at the same location and method needed to correct violation.
All violations, in any event, shall be corrected expediently.
B. Receipt of Correction Notice.
1. Upon receipt of notice to correct violation, the violator shall either correct the violation or ask the
code enforcement official for a reconsideration of the notice to correct within the time frame set out in
subsection (B)(3) of this section.
2. If the violator corrects the violation, the code enforcement official shall close the violation file and
notify violator of compliance.
3. The property owner and/or tenant may request reconsideration of the notice to correct violation by the
code enforcement official. This request must be made in writing prior to the date on which corrections are
to be completed as specified in the notice. The code enforcement official shall respond to the request for
reconsideration, if timely received, no later than seven calendar days from the date the request for
reconsideration was received. The code enforcement official may amend the notice (a) to correct the
notice, (b) for good cause to allow for a longer time to correct the violation, (c) to amend the scope of
violation, or (d) to rescind the notice. A stay of the time allowed for correction shall be in effect from the
date that a request for reconsideration was received, if timely received, until the date a response to the
request for reconsideration is sent.
4. If the violator corrects the violation pursuant to the reconsideration determination, the code
enforcement official shall close the violation file and notify the violator of compliance.
C. Content. The notice to correct violation shall contain the following:
1. The name and address of the property owner and/or tenant and/or other person to whom the notice to
correct violation is directed; and
Page 93 of 109
Ch. 1.25 Civil Penalties for Violations | Auburn City Code Page 4 of 10
The Auburn City Code is current through Ordinance 6842, passed November 15, 2021.
2. The street address or description sufficient for identification of the building, structure, premises, or
land upon or within which the violation has occurred or is occurring; and
3. A description of the violation and a reference to the Auburn City Code or related provision, standard,
regulation, procedure or permit which has been violated; and
4. A statement of the action required to be taken to correct the violation as determined by the code
enforcement official and a date or time by which correction is to be completed; and
5. A statement that the property owner and/or tenant may request a reconsideration of the notice to
correct violation by the code enforcement official and the procedures required for such request; and
6. A statement that the consequences of failing to correct the violation may result in monetary penalties
and/or other enforcement requirements; and
7. A statement that the person to whom the notice to correct violation is directed shall inform the code
enforcement official of the correction so an inspector can be sent to the violation premises to confirm the
correction.
D. Service of Notice. The code enforcement official shall cause the notice to correct violation to be served on
the person(s) to whom it is directed by personal service or by mailing a copy of the notice to correct violation
by regular mail, postage prepaid, to such person(s) at their last known address. If the person’s address is
unknown, service shall be completed by mailing the notice to the address of the most recent payer of the
property tax for the property, as shown in the county’s records, and by posting a copy of the notice to correct
violation conspicuously on the affected property or structure. Mailed notices shall be deemed received three
business days after the postmark.
E. Extension. Upon written request received prior to the correction date or time, the code enforcement official
may extend the date set for correction for good cause. The code enforcement official may consider but is not
limited to the consideration of substantial completion of the necessary correction or unforeseeable
circumstances which render completion impossible by the date established as good cause.
F. Repeat Violations. Notwithstanding the above provisions, in the case of a repeat violation, the code
enforcement official or other authorized enforcement official, or designee, may issue a notice of infraction
regardless of whether a notice to correct violation has been issued. For the purposes hereof, “repeat violation”
means that the same person or property has been the subject of one or more notice to correct violation within
the preceding 12 months. (Ord. 6708 § 1, 2018; Ord. 6615 § 5, 2016; Ord. 5966 § 3, 2006; Ord. 5677 § 2, 2002; Ord. 5246
§ 1 (Exh. B), 1999; Ord. 5212 § 1 (Exh. B), 1999; Ord. 4460 § 1, 1991.)
Page 94 of 109
Ch. 1.25 Civil Penalties for Violations | Auburn City Code Page 5 of 10
The Auburn City Code is current through Ordinance 6842, passed November 15, 2021.
1.25.035 Stop work order.
Whenever any work is being done or any activity is occurring which constitutes a “violation” under ACC
1.25.020(G), the code enforcement official may order the work or activity stopped by notice in writing served
on any persons engaged in the doing or causing of such work to be done or such activity to occur, and any such
persons shall forthwith stop such work and/or prevent such activity until authorized by the code enforcement
official or designee to proceed with the work or recommence the activity. The issuance of a stop work order is
not a prerequisite for the issuance of a notice of infraction or a citation for a violation. However, it shall be a
misdemeanor punishable as provided in ACC 1.24.010 for a person to willfully engage in the doing or causing
of such work to be done after the issuance of a stop work order, until authorized by the code enforcement
official or designee to proceed with the work or recommence the activity. (Ord. 5966 § 6, 2006.)
1.25.040 Notice of infraction.
Notwithstanding the provisions of ACC 1.25.030, whenever the code enforcement official determines that a
violation has occurred, they shall be authorized to issue a notice of infraction to the property owner(s) and/or
tenant(s) and/or to any person(s) causing or allowing or participating in the violation. If a violation occurs
outside the official’s presence, the official shall file, according to the process described in RCW 7.80.050, a
notice of infraction with the court of limited jurisdiction for Auburn for the court to issue to the person(s). If a
violation occurs in the official’s presence, the official may issue the notice of infraction either directly to the
person(s) or by filing it with the court, according to RCW 7.80.050. Once issued, the infraction shall be
processed for court proceedings in accordance with applicable rules and procedures. (Ord. 6708 § 2, 2018; Ord.
6429 § 3, 2012; Ord. 5677 § 2, 2002; Ord. 5246 § 1 (Exh. B), 1999; Ord. 5212 § 1 (Exh. B), 1999; Ord. 4460 § 1, 1991.)
1.25.050 Penalties for infractions.
Unless otherwise specifically provided in connection with particular sections, chapters or titles of the city code,
noncriminal violations of the city code shall be infractions and shall carry a maximum penalty of $250.00.
Each day, location, violator and incident shall constitute a separate civil infraction. In addition to this amount,
a court of competent jurisdiction may order a person found to have committed a civil infraction to pay
restitution, including the city’s reasonable enforcement and abatement costs.
It is provided, however, that if the same violator has been found, in any court of competent jurisdiction, to have
previously committed an infraction violation for the same or similar conduct three or more separate times, with
the infraction violations occurring at the same location and involving the same or similar sections of ACC
Titles 5, 6, 8, 10, 12, 13, 15, 16, 17 or 18, or other similar code(s), any further violations shall constitute
misdemeanors, punishable as provided in ACC 1.24.010. For the purposes hereof, it shall be prima facie
evidence that the same violator has previously been found to have committed any infraction if a certified copy
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The Auburn City Code is current through Ordinance 6842, passed November 15, 2021.
of the judgment, docket or other court document showing that such violation was found committed is filed
with the court. (Ord. 6615 § 6, 2016; Ord. 5837 § 2, 2004; Ord. 5677 § 2, 2002.)
1.25.060 Uncorrected violations.
In addition to any other enforcement actions available to the city, if a violation on a parcel of property is not
corrected within the specified time frame of the decision of the court then no further permits or approvals shall
be issued by the city on the subject parcel until all violations have been corrected, or brought into compliance
with the decision of the court. (Ord. 5966 § 4, 2006; Ord. 5837 § 3, 2004; Ord. 5677 § 2, 2002.)
1.25.065 Additional penalty and enforcement provisions.
A. Civil Penalty. In addition to any other enforcement actions available to the city, if the code enforcement
official determines that a violation has not been corrected pursuant to ACC 1.25.030 within the time specified
in the notice to correct violation or recurs within 60 calendar days of remediation of the same violation, they
are authorized to impose a civil penalty against the property owner on whose property the violation exists,
and/or the person in possession of the property, and/or the person otherwise causing or responsible for the
violation. The penalty shall be up to $500.00 for the first day and $100.00 per day for each additional full day
the violation continues. In the event a violation is remediated but recurs within 60 calendar days, the city may
impose a penalty that is double that of the above listed penalty amounts. Each day on which a violation or
recurrence thereof continues shall constitute a separate violation. If unpaid within 14 calendar days of
becoming effective, each penalty shall constitute a lien against the property of equal rank with state, county,
and municipal taxes.
B. Notice of Penalty. The penalty shall be imposed by serving a notice of penalty. Service of the notice shall
be made upon all persons identified in the notice either personally or by mailing a copy of such order by
regular mail, postage prepaid. If an address for mailed service cannot be ascertained, service shall be
accomplished by posting a copy of the notice conspicuously on the affected property or structure. The initial
penalty shall be effective and the recurring daily penalty shall commence on the date service is effective.
Service by regular mail shall be effective five calendar days after the date of postmark, unless U.S. postal
records show actual receipt prior to that date. If service is by personal service, service shall be deemed
effective immediately. If service is made by posting, service shall be effective on the third day following the
day the notice is posted. Recurring penalties shall become effective every 24 hours after midnight of the
effective date of the initial penalty if the violation is not corrected.
The notice shall contain all the information required to be placed in a notice to correct violation, under ACC
1.25.030, and in addition the following:
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1. The amount of the initial penalty and the amount of the per day penalty for each day the violation(s)
continues, and, if applicable, the conditions on which assessment of such civil penalty is contingent.
2. A statement that the recurring penalty accrues each day automatically, without further notice.
3. The procedure for appealing the penalty, as described in this chapter.
4. That if the penalties are unpaid within 10 calendar days of when they become effective, they shall
become a lien on the property that shall be of equal rank with state, county and municipal taxes.
C. Withdrawal. The code enforcement officer may withdraw a notice of penalty if compliance is achieved, as
determined by the officer, within 14 calendar days of the service date of the notice. The officer shall not
withdraw a notice of penalty if it is the second notice issued by the officer to the same person for the same or
similar violation committed within six months.
D. Continued Duty to Correct. Payment of a penalty pursuant to this chapter does not relieve a person of the
duty to correct the violation as ordered by the enforcement officer. Correction of the violation does not relieve
a person of the obligation to pay the penalty assessed, unless dismissed, withdrawn, or modified by the hearing
examiner or the code enforcement officer.
E. Appeal of Notice of Penalty.
1. An assessed civil penalty may be appealed to the city hearing examiner within 14 calendar days of the
penalty’s effective date, in the same manner as determinations of the building official are appealed under
ACC 15.07.130. After the 14-day period, penalties shall be final and binding. The hearing examiner may
grant an extension of time for filing an appeal if the person establishes that they did not receive the notice
of penalty due to good cause. The burden of proving such good cause circumstances is on the person
making the claim.
2. The appeal shall be processed and the hearing conducted according to the provisions of ACC
15.07.130 and the provisions of that section are adopted by reference for the purpose of this chapter. The
person appealing may appeal either the determination that a violation exists or the amount of the civil
penalty imposed, or both. The person appealing may appeal all penalties that are not final and binding.
The hearing examiner has the authority to affirm, dismiss, or modify the civil penalty. The city shall have
the burden of proving by a preponderance of the evidence the commission of a violation. If the hearing
examiner finds that a violation was not committed at the time the notice of penalty was issued, the
examiner shall dismiss all penalties before them that were imposed for the alleged violation and the city
shall dismiss all additional penalties, whether effective or final, that were imposed for the alleged
violation.
3. The civil penalties for a continuing violation shall not continue to accrue pending determination of the
appeal; however, the hearing examiner may impose a daily monetary penalty, to a maximum of $100.00
per day, from the date of service of the notice of penalty if the hearing examiner finds that the appeal is
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The Auburn City Code is current through Ordinance 6842, passed November 15, 2021.
frivolous or intended solely to delay compliance. An appeal does not lift or stay a notice to correct
violation.
4. A person is precluded from appealing a penalty if the hearing examiner finds that it has determined in
a prior appeal all the issues of fact and law raised by the person appealing.
5. At their discretion, the hearing examiner may consolidate appeals of penalties imposed on the same
property for the same violations.
F. Cost Recovery and Lien.
1. Any monetary penalty imposed under this chapter constitutes a personal obligation of the person
served the notice of penalty. The city attorney is authorized to collect the monetary penalty by use of
appropriate legal remedies, the seeking of which shall neither stay nor terminate the accrual of additional
per-day penalties so long as the violation continues.
2. The city may authorize the use of collection agencies to recover monetary penalties, in which case the
cost of the collection process shall be assessed in addition to the monetary penalty.
3. Once civil penalties are effective and due, pursuant to this section, the code enforcement officer may
file a lien with the county auditor on the property where the violation exists for the amount of the unpaid
civil penalties. The lien shall be of equal rank with state, county and municipal taxes, and shall be in
similar form, be filed with the same county office, be enforced and foreclosed in the same manner, and
subject to the same exemptions as state law provides for the foreclosure of labor and material liens. The
claim of lien shall contain the following:
a. The authority for imposing a civil penalty;
b. A brief description of the civil penalty imposed, including the violations charged and the
duration thereof;
c. A legal description of the property to be charged with the lien;
d. The name of the known or reputed owner; and
e. The amount, including lawful and reasonable costs, for which the lien is claimed. (Ord. 6708 § 3,
2018; Ord. 6647 § 2, 2017; Ord. 6615 § 7, 2016; Ord. 6328 § 4, 2010.)
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1.25.070 Abatement.
Repealed by Ord. 6615. 1.25.080 Interpretation.
The provisions of this chapter shall be held to be minimum requirements in their interpretation and application
and shall be liberally construed to serve the purposes of this chapter. (Ord. 5677 § 2, 2002; Ord. 5246 § 1 (Exh. B),
1999; Ord. 5212 § 1 (Exh. B), 1999; Ord. 4460 § 1, 1991. Formerly 1.25.090.)
1.25.090 Hearing examiner.
Repealed by Ord. 5966. 1.25.100 Collection enforcement and/or abatement.
In the event of failure to comply with any notice and/or stop work order, the city, at its option, may enforce
collection through the civil execution process as provided in this chapter or by any method provided by law
and/or ordinance and/or may abate the use of the property which is the subject of the violation through the
abatement process as provided by law or ordinance. (Ord. 5677 § 2, 2002; Ord. 5246 § 1 (Exh. B), 1999; Ord. 5212 § 1
(Exh. B), 1999; Ord. 4460 § 1, 1991. Formerly 1.25.120.)
1.25.110 Additional enforcement procedures.
The provisions of this chapter are additional to other enforcement provisions authorized by state law and/or
city ordinance and are additional to any other remedy available to the city for damages, redress or relief,
whether in equity or law, including but not limited to actions for injunctive relief and/or abatement, to ensure
and/or protect the public health, safety and welfare. (Ord. 5677 § 2, 2002; Ord. 5246 § 1 (Exh. B), 1999; Ord. 5212 § 1
(Exh. B), 1999; Ord. 4460 § 1, 1991. Formerly 1.25.130.)
1.25.120 Constitutionality or invalidity.
If any section, clause or phrase of this chapter is for any reason held to be invalid or unconstitutional, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of the
sections, subsections, clauses or phrases. It is hereby expressly declared that each section, subsection, sentence,
clause and phrase hereof would have been prepared, proposed, adopted and approved and ratified irrespective
of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or
unconstitutional. (Ord. 5677 § 2, 2002; Ord. 5246 § 1 (Exh. B), 1999; Ord. 5212 § 1 (Exh. B), 1999; Ord. 4460 § 1, 1991.
Formerly 1.25.140.)
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Ch. 1.25 Civil Penalties for Violations | Auburn City Code Page 10 of 10
The Auburn City Code is current through Ordinance 6842, passed November 15, 2021.
The Auburn City Code is current through Ordinance 6842, passed November 15, 2021.
Disclaimer: The city clerk’s office has the official version of the Auburn City Code. Users should contact the
city clerk’s office for ordinances passed subsequent to the ordinance cited above.
Note: This site does not support Internet Explorer. To view this site, Code Publishing Company recommends
using one of the following browsers: Google Chrome, Firefox, or Safari.
City Website: www.auburnwa.gov
Code Publishing Company
Page 100 of 109
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 5654 (Gaub)
Date:
March 15, 2022
Department:
Public Works
Attachments:
Resolution No. 5654
Exhibit A
Vicinity Map
Budget Impact:
$100,000.00
Administrativ e Recommendation:
City Council adopt Resolution No. 5654.
Background for Motion:
This resolution authorizes an interlocal agreement with the Auburn School District for the City
to design and construct safety improvements on 124th Ave SE at the access to Mountain
View High School with a 50-50 cost share between the City and Auburn School District.
Background Summary:
Resolution No. 5654 authorizes the Mayor to execute an Interlocal Agreement between the
City of Auburn and the Auburn School District relating to Project No. CP2208 – 124th Ave SE
Improvements. This project was developed collaboratively between City and Auburn School
District staff. The project improvements are intended to improve safety at the Mountain View
High School access to 124th Ave SE and include 1) installation of flashing school zone
beacons with signage and 2) curbing, median, and signage to restrict left turns from the
school driveway onto southbound 124th Ave SE.
The terms of the agreement have the City designing and constructing the project and the
District reimbursing the City 50% of the project costs, up to a maximum amount of $50,000.
The remaining project costs would be paid by the City using 102 Arterial Street funds. Budget
Amendment No. 5 includes a request for these funds.
Rev iewed by Council Committees:
Councilmember:Stearns Staff:Gaub
Meeting Date:March 21, 2022 Item Number:RES.A
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-----------------------------
Resolution No. 5654
March 4, 2020
Page 1 of 2
RESOLUTION NO. 5654
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO
EXECUTE AN INTERLOCAL AGREEMENT BETWEEN THE
CITY OF AUBURN AND THE AUBURN SCHOOL DISTRICT
RELATING TO PROJECT NO. CP2208 – 124TH AVE SE
IMPROVEMENTS
WHEREAS, the City and District have identified improvements to 124th Avenue SE
intended to promote safety; and,
WHEREAS, the City is willing to design and construct the improvements as a City
capital project; and,
WHEREAS, the District is willing to compensate the City for the City’s costs to
design and construct the City capital project in an amount not to exceed the amount listed
in Section 1 of this Agreement; and
WHEREAS, the City and the District are authorized to enter into this Agreement by
RCW 39.34.030.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES as follows:
Section 1. The Mayor is authorized to execute an Interlocal Agreement with the
Auburn School District related to safety improvements at 124th Avenue SE, which
Agreement will be in substantial conformity with the Agreement attached as Exhibit A.
Section 2. The Mayor is authorized to implement those administrative
procedures necessary to carry out the directions of this Resolution.
Page 102 of 109
-----------------------------
Resolution No. 5654
March 4, 2020
Page 2 of 2
Section 3. This Resolution will take effect and be in full force upon passage and
signatures.
Signed .
CITY OF AUBURN
____________________________
NANCY BACKUS, MAYOR
ATTEST:
____________________________
Shawn Campbell, MMC, City Clerk
APPROVED AS TO FORM:
____________________________
Kendra Comeau, City Attorney
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Resolution 5654 - Exhibit A
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Resolution 5654 - Exhibit A
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Resolution 5654 - Exhibit A
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Resolution 5654 - Exhibit A
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Resolution 5654 - Exhibit A
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1,333.3
NAD_1983_StatePlane_Washington_North_FIPS_4601_Feet
Feet1,333.3666.70
CP2208 - 124th Ave SE Improvements 3/10/2022Printed Date:
Map Created by City of Auburn eGIS
Imagery Date: May 2015
Information shown is for general reference
purposes only and does not necessarily
represent exact geographic or cartographic
data as mapped. The City of Auburn makes
no warranty as to its accuracy.
Mountain View
High School
Project Location
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