HomeMy WebLinkAbout10-17-2022 City Council AgendaCity Council Meeting
October 17, 2022 - 7:00 PM
City Hall Council Chambers
AGENDA
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I.CALL TO ORDER
II.LAND ACKNOWLEGEMENT
We would like to acknowledge the Federally Recognized Muckleshoot Indian Tribe, the
ancestral keepers of the land we are gathered on today. We thank them for their
immense contributions to our state and local history, culture, economy, and identity as
Washingtonians.
III.PUBLIC PARTICIPATION
1.Public Participation
The Auburn City Council Meeting scheduled for Monday, October 17, 2022 at
7:00 p.m. will be held in person and virtually.
Virtual Participation Link:
To view the meeting virtually please click the below link, or call into the meeting at
the phone number listed below. The link to the Virtual Meeting is:
https://www.youtube.com/user/watchauburn/live/?nomobile=1
To listen to the meeting by phone or Zoom, please call the below number or click
the link:
Telephone: 253 215 8782
Toll Free: 877 853 5257
Zoom: https://us06web.zoom.us/j/81850269195
A.Pledge of Allegiance
IV.Roll Call
V.ANNOUNCEMENTS, MAYOR'S PROCLAMATIONS, AND PRESENTATIONS
VI.APPOINTMENTS
A.Junior City Council
City Council to approve the appointment of Emily Helms to the Auburn Junior City
Council for a two year term to expire December 31, 2023
Page 1 of 114
(RECOMMENDED ACTION: Move to approve the appointment of Emily Helms
to the Auburn Junior City Council, for a two year term to expire December 31,
2023.)
B.Parks & Recreation Board
City Council to approve the appointment of Matt Jennings to the Parks & Recreation
Board for a three year term expiring December 31, 2024
(RECOMMENDED ACTION: Move to approve the appointment of Matt
Jennings to the Parks & Recreation Board, for a three year term to expire
December 31, 2024.)
VII.AGENDA MODIFICATIONS
VIII.CITIZEN INPUT, PUBLIC HEARINGS AND CORRESPONDENCE
A.Public Hearings
1.Public Hearing for Sprint Communications Company, L.P.
Franchise Agreement No. FRN21-0003
A Public Hearing to consider Franchise Agreement No. FRN21-0003 for Sprint
Communications Company, L.P.
2.Public Hearing for the 2023 Community Development
Block Grant Annual Action Plan
A Public Hearing for the City of Auburn’s Community Development Block Grant
2023 Annual Action Plan
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.The public can participate in-person or submit written
comments in advance.
The public can provide comments in-person or submit written comments in
advance of the scheduled meeting. Participants can submit written comments via
mail, fax, or email. All 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 written comments to:
City of Auburn
Attn: Shawn Campbell, City Clerk
25 W Main St
Auburn, WA 98001
Please fax written comments to:
Attn: Shawn Campbell, City Clerk
Fax number: 253-804-3116
Email written comments to:
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publiccomment@auburnwa.gov
If an individual requires an accommodation to allow for remote oral comment
because of a difficulty attending a meeting of the governing body, the City
requests notice of the need for accommodation by 5:00 p.m. on the day of the
scheduled meeting. Participants can request an accommodation to be able to
provide remote oral comment by contacting the City Clerk’s Office in person, by
phone (253) 931-3039, or email to publiccomment@auburnwa.gov
C.Correspondence - (T here is no correspondence for Council review.)
IX.COUNCIL AD HOC COMMITTEE REPORTS
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.Finance Ad Hoc Committee (Chair Baggett)
X.CONSENT AGENDA
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 September 20, 2022 and September 27, 2022
Special City Council Meetings
B.Minutes of the October 3, 2022 City Council Meeting
C.Claims Voucher (Thomas)
Claims voucher list dated October 17, 2022 which includes voucher numbers 469732
through 469902, in the amount of $4,504,369.72 and three wire transfers in the amount
of $707,295.53
D.Payroll Voucher (Thomas)
Payroll check numbers 539421 through 539428 in the amount of $73,958.22,
electronic deposit transmissions in the amount of $2,467,575.75 for a grand total of
$2,541,533.97 for the period covering September 29, 2022 to October 12, 2022
(RECOMMENDED ACTION: Move to approve the Consent Agenda.)
XI.UNFINISHED BUSINESS
XII.NEW BUSINESS
XIII.RESOLUTIONS
A.Resolution No. 5683 (Comeau/Gaub)
A Resolution authorizing the Mayor to enter into a Lease Agreement with S50 Hangars,
LLC at the Auburn Municipal Airport
(RECOMMENDED ACTION: Move to adopt Resolution No. 5683.)
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B.Resolution No. 5684 (Backus)
A Resolution ratifying the rescission of Emergency Proclamation 2020-02 related to
COVID-19
(RECOMMENDED ACTION: Move to adopt Resolution No. 5684.)
XIV.MAYOR AND COUNCILMEMBER REPORT 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 Mayor
XV.ADJOURNMENT
Agendas and minutes are available to the public at the City Clerk's Office, on the City website
(http://www.auburnwa.gov), and via e-mail. Complete agenda packets are available for review
at the City Clerk's Office.
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AGENDA BILL APPROVAL FORM
Agenda Subject:
Public Hearing for Sprint Communications Company, L.P.
Franchise Agreement No. FRN21-0003
Date:
September 30, 2022
Department:
Public Works
Attachments:
Draft Ordinance No. 6887
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrative Recommendation:
City Council to hold a public hearing in consideration of Franchise Agreement No. FRN21-
0003 for Sprint Communications Company, L.P.
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. FRN21-0003 for Sprint
Communications Company, L.P. will allow it to continue to operate existing fiber optic
telecommunications within the City’s public way.
The date of the public hearing was set by consent on October 3, 2022.
Reviewed by Council Committees:
Councilmember:Stearns Staff:Gaub
Meeting Date:October 17, 2022 Item Number:PH.1
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Draft Ordinance No. 6887
Franchise Agreement No. FRN21-0003
August 29, 2022
Page 1 of 18
ORDINANCE NO. 6887
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, GRANTING TO
SPRINT COMMUNICATIONS COMPANY, L.P. A
DELAWARE CORPORATION, A FRANCHISE FOR
TELECOMMUNICATIONS.
WHEREAS, Sprint Communications Company, L.P (“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. 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. 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
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Draft Ordinance No. 6887
Franchise Agreement No. FRN21-0003
August 29, 2022
Page 2 of 18
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
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 2. Definitions
For the purpose of this agreement 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 fiber optic and broadband
communications services constructed and operated within the Franchise Area
including all cables, wires, conduits, ducts, pedestals, and any associated
converter equipment or other items necessary for Telecommunications Services
as defined in Chapter 35.99.010(7) RCW, that are located in the Franchise Area.
Franchisee’s Facilities do not include facilities used to provide wireless services,
including antennas or other equipment, appliances, attachments and
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Draft Ordinance No. 6887
Franchise Agreement No. FRN21-0003
August 29, 2022
Page 3 of 18
appurtenances associated with wireless telecommunications facilities.
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 facilities that are not located within the Franchise Area
or that are covered under a separate Franchise Agreement or agreement.
D. “Franchisee’s Services” means any telecommunications service,
telecommunications capacity, or dark fiber, provided by the Franchisee using
Franchisee’s Facilities in the Franchise Area, including, but not limited to, the
transmission of voice, data or other electronic information, or other subsequently
developed technology that carries a signal over fiber optic cable. Franchisee’s
Services will also include non-switched, dedicated and private line, high capacity
fiber optic transmission services to firms, businesses or institutions within the
Franchise Area and other lawful services not prohibited by this Ordinance
However, 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 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.
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: Sprint Communications Company L.P.
Mailstop: KSOPHT0101-Z2040
6220 Sprint Parkway
Overland Park, KS 66251-2650
Attn: Manager, Wireline Real Estate
Telephone: 913-315-3229
Email: ROWRenewals@t-mobile.com
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Draft Ordinance No. 6887
Franchise Agreement No. FRN21-0003
August 29, 2022
Page 4 of 18
With a Copy to: Sprint Communications Company L.P. c/o T-Mobile
Attn: Managing Attorney, Real Estate
12920 SE 38th Street
Bellevue, Washington 98006
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 needs: 800-877-6627,
Option 1, provided, however, that the use of such phone number shall not
constitute notice pursuant to the term of this Agreement.
Section 4. Term of Agreement
A. This Franchise shall run for a period of five (5) years, from the date
of Franchise Acceptance as described in Section 5 of this Agreement. Franchisee
may apply for renewal of this Franchise for one additional five year term by filing a
complete application not less than 180 days before expiration of this Franchise
following the process specified under ACC 20.04 as it now exists or is amended.
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.
C. Notwithstanding the above provisions, Franchisee may terminate
this Franchise at any time with 180 days’ written notice. Such termination requires
removal of Franchisee’s Facilities under ACC 20.02.220.
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 16, (3) the financial security specified
in Section 17, and (4) payment of any outstanding application fees required in the
City Fee Schedule. These four items will collectively be the “Franchise
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Draft Ordinance No. 6887
Franchise Agreement No. FRN21-0003
August 29, 2022
Page 5 of 18
Acceptance”. The date that such Franchise Acceptance is filed with the City Clerk
will be the effective date of this Franchise.
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 28 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 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. Trench Repair for Street Restorations.
A. At any time during the term of this Franchise, if a Franchisee Facility
or trench within the Franchise Area causes a street to crack, settle, or otherwise
fail, the City will notify Franchisee of the deficiency and Franchisee agrees to
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Draft Ordinance No. 6887
Franchise Agreement No. FRN21-0003
August 29, 2022
Page 6 of 18
restore the deficiency and repair the damage within thirty (30) days of written notice
by the City.
B. For purposes of the Section, “street” shall mean all City owned
improvements within a public way, including, but is not limited to, the following:
pavement, sidewalks, curbing, above and below-ground utility facilities, and traffic
control devices.
Section 8. 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
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 to the extent such emergency response
work is required as a direct result of Franchisee’s Facilities. Franchisee will
reimburse the City for Franchisee’s proportionate share of any direct and non-
direct emergency response cost incurred by the City where the Franchisee’s
Facilities are determined by the City to be a contributing factor to such emergency
response work.
Section 9. 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 condition, the property shall
then be returned to the condition it was in immediately prior to being damaged (if
the safe condition of the property is not the same as that which existed prior to
damage). All repair work shall be performed and completed to the satisfaction of
the City Engineer.
Section 10. 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
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Draft Ordinance No. 6887
Franchise Agreement No. FRN21-0003
August 29, 2022
Page 7 of 18
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 shall
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 11 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.
Section 11. Relocation of Franchisee Facilities
A. Except as otherwise so required by law, Franchisee agrees to
relocate, remove, or reroute Franchisee’s 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 15, 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 12. 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.
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Draft Ordinance No. 6887
Franchise Agreement No. FRN21-0003
August 29, 2022
Page 8 of 18
Section 13. Undergrounding
A. The parties agree that this Franchise does not limit the City’s
authority under federal law, state law, or local ordinance, to require the
undergrounding of utilities.
B. 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.
Section 14. 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 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 15. 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 any
activity, work or thing done, permitted, or suffered by Franchisee arising from or in
connection with this Franchise Agreement, except to the extent those claims, suits,
action, liabilities, losses or damages are caused by the sole negligence or willful
misconduct of the City.
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Draft Ordinance No. 6887
Franchise Agreement No. FRN21-0003
August 29, 2022
Page 9 of 18
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, 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
negligence of the City, or its 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 15(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 16. Insurance
A. The Franchisee shall procure and maintain for the duration of this
Agreement and as long as Franchisee has Facilities in the rights-of-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 obtain
insurance of the types and coverage described below:
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Draft Ordinance No. 6887
Franchise Agreement No. FRN21-0003
August 29, 2022
Page 10 of 18
1. Commercial General Liability insurance shall be at least as
broad as ISO occurrence form CG 00 01 and shall cover liability arising from
premises, operations, stop gap liability, products-completed operations,
personal injury and advertising injury, and liability assumed under an
insured contract. There shall be no exclusion for liability arising from
explosion, collapse or underground property damage. The City shall be
named as a Certificate Holder and 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 05 09 if the
franchise agreement is considered a master permit as defined by RCW
35.99.010, or CG 20 26 07 04 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 at least as broad as
Insurance Services Office (ISO) form CA 00 01.
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.
5. Excess or Umbrella Liability insurance shall be excess over
and at least as broad in coverage as 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.
D. Minimum Amounts of Insurance. The Franchisee shall maintain the
following insurance limits:
1. Commercial General Liability insurance 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.
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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 and employer’s liability
insurance with limits of not less than $1,000,000.00.
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.
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 for all alleged and actual negligence and
intentional acts arising out of Franchisee operations 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. Subcontractors and Independent Contractors. The Franchisee shall
cause each and every subcontractor and independent contractor to provide
insurance coverage that complies with all applicable requirements of the
Franchisee-provided insurance as set forth herein, including limits no less than
what is required of Franchisee under this Agreement. The Franchisee shall ensure
that the City is a named certificate holder and included as an additional insured on
each and every subcontractor’s and independent contractor’s Commercial General
liability insurance policy using an endorsement as least as broad as ISO CG 20
26.
H. 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 evidence of all subcontractors’ and independent
contractors’ coverage.
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I. Notice of Cancellation. Franchisee shall provide the City with written
notice of any policy cancellation within two 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 or, at its discretion,
procure or renew such insurance and pay any and all premiums in connection
therewith, with any sums so expended to be repaid to the City on demand.
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) provide the City, upon request, a
copy of Franchisee’s or its parent company’s most recent audited financial
statements, if such financial statements are not otherwise publicly available; (ii)
Franchisee or its parent company is responsible for all payments within the self-
insured retention; and (iii) Franchisee assumes all defense and indemnity
obligations as outlined in Section 15.
Section 17. Financial Security
The Franchisee will provide the City with a financial security in the amount
of Fifty Thousand Dollars ($50,000.00) in the form of a performance bond 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, beyond all applicable notice and cure
periods, 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 Prior to City accessing the Performance Bond, it shall
first give Franchisee written notice of its intention to do so and with that notice shall
provide to Franchisee written documentation of the loss, damage or expense for
which the City seeks compensation from the Performance Bond. Such notice and
documentation shall be provided by City as soon as practicable as determined by
the City, after the date of the occurrence which gives rise to City's claimed loss,
damage or expense. Franchisee specifically agrees that its failure to comply with
the terms of Section 20 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.
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Section 18. 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 consent of the City by ordinance.
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: (a) Complete information setting forth the nature, term
and conditions of the proposed assignment or transfer; (b) All information required
by the City of an applicant for a Franchise with respect to the proposed assignee
or transferee; and, (c) 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 and failure of the City to insist on full compliance before transfer does
not waive any right to insist on full compliance thereafter.
Section 19. 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
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will be exclusively in King County, Washington. The prevailing party in any such
action will be entitled to its attorneys’ fees and costs.
Section 20. 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 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
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
with no further notification, or (2) claim damages of Two Hundred Fifty Dollars
($250.00) per day against the financial security set forth in Section 17 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
actions are not allowed under applicable federal and state or City laws, to compel
Franchisee to cease those actions.
Section 21. Compliance with Laws and Regulations
A. This Franchise is subject to, and the Franchisee will comply with all
applicable federal and state or City laws, regulations and policies (including all
applicable elements of the City's comprehensive plan), in conformance with federal
laws and regulations, affecting performance under this Franchise. 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
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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 22. 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 23. 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.
Section 24. Severability
If any portion of this Franchise is deemed invalid, the remainder portions
will remain in effect.
Section 25. Titles
The section titles used are for reference only and should not be used for the
purpose of interpreting this Franchise.
Section 26. Implementation.
The Mayor is authorized to implement those administrative procedures
necessary to carry out the directions of this legislation.
Section 27. 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
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August 29, 2022
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previous agreements between the parties pertaining to Franchisee's operation of
Franchisee’s Facilities are hereby superseded.
Section 28. 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, City Clerk
APPROVED AS TO FORM:
__________________________
Kendra Comeau, City Attorney
Published: _________________
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EXHIBIT “A”
FRANCHISE AREA
Sprint fiber optic cable is located in the Union Pacific Railroad Road property that
runs north/south through the City and occupies Five Hundred and Forty-Two
(542) +/- linear feet of City public way through six east/west road crossings
pursuant to City of Auburn, WA Public Works Department ROW Use Permit No.
87-02 issued September 15, 1987. The specific crossing locations that make up
the Franchise Area are adjacent to the Union Pacific Rail line and are as follows:
1. Crossing at S 277th Street, 80 feet 4 inches.
2. Crossing S 285th Street (aka 44th Street NW), 110 feet 4 inches.
3. Crossing 37th Street NW, 90 feet 4 inches.
4. Crossing 29th Street NW, 30 feet.
5. Crossing West Main Street, 90 feet 4 inches.
6. Crossing 15th Street SW, 140 feet 4 inches.
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EXHIBIT “B”
STATEMENT OF ACCEPTANCE
Sprint Communications Company L.P., 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.
Franchisee Name: Sprint Communications Company L.P.
Address: 6200 Sprint Parkway; KSOPHD1010-Z2040
City, State, Zip: Overland Park, Kansas 66251
By: Date:
Name: Mike Simpson
Title: SVP and Chief Procurement Officer
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, __________________ of _________, the company that
executed the within and foregoing instrument, and acknowledged the said
instrument to be the free and voluntary act and deed of said company, for the uses
and purposes therein mentioned, and on oath stated that he/she is authorized to
execute said instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal
on the date hereinabove set forth.
Signature
NOTARY PUBLIC in and for the State of
___________, residing at
MY COMMISSION EXPIRES:
Page 23 of 114
AGENDA BILL APPROVAL FORM
Agenda Subject:
Public Hearing for the 2023 Community Development Block
Grant Annual Action Plan
Date:
October 7, 2022
Department:
Community Development
Attachments:
1. Notice of Public Hearing
2. Draft Community Development Block Grant
2023 Annual Action Plan
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrative Recommendation:
City Council to hold a Public Hearing for the City of Auburn’s Community Development Block
Grant 2023 Annual Action Plan.
Background for Motion:
Background Summary:
The City of Auburn’s Community Development Block Grant (CDBG) Citizen Participation Plan
requires Public Hearings to be held at two key stages of the Annual Action Planning process
– prior to development to gain input on what should be included, and after the Action Plan has
been drafted. The City of Auburn Human Services Committee held an initial Public Hearing
during their August 22, 2021 meeting.
The proposed 2023 Annual Action Plan is a requirement for the Department of Housing and
Urban Development's CDBG Program. The Action Plan describes housing and community
development needs as well as proposed activities to address those needs. The Action Plan
will reflect all public comments received. The Action Plan brings together the planning and
funding recommendations for human services, neighborhood revitalization, and capital
improvements funded by the Community Development Block Grant program.
The draft plan is posted on the City’s Community Services Division webpage, and written
copies are available upon request.
Reviewed by Council Committees:
Councilmember:Stearns Staff:Tate
Meeting Date:October 17, 2022 Item Number:PH.2
Page 24 of 114
Page 25 of 114
Department of Community Development
Community Services Division 25 West Main Street Auburn, Washington 98001
Contact: Joy Scott, Community Services Manager. Phone: (253) 876-1965 Email: jfscott@auburnwa.gov
NOTICE OF PUBLIC HEARING AND PUBLIC COMMENTS SOUGHT
REGARDING THE 2023 ANNUAL ACTION PLAN FOR THE COMMUNITY
DEVELOPMENT BLOCK GRANT PROGRAM
Auburn, Washington The City Council will conduct a public hearing in the Auburn City
Hall Council Chambers, 25 West Main Street, on Monday, October 17, 2022 at 7:00 p.m. or soon thereafter. The purpose of this public hearing is to solicit public comments on the 2023 CDBG Annual Action Plan prior to its submission to the U.S. Department of Housing and Urban Development (HUD).
The proposed 2023 Annual Action Plan is a requirement for the Department of Housing and
Urban Development's (HUD) Community Development Block Grant (CDBG) Program. The Action Plan will describe housing and community development needs as well as proposed activities to address those needs. The Action Plan will reflect all public comments received. The Action Plan brings together the planning and funding recommendations for human services, neighborhood revitalization and capital improvements funded by the Community Development
Block Grant program. The Plan includes project descriptions, recommended funding and proposed accomplishments for the 2023 program year.
In accordance with 24 CFR 91 of HUD, the City of Auburn solicits comments and public input for its 2023 Community Development Block Grant (CDBG) program.
Copies of the City’s 2020-2024 Consolidated Plan and the Draft 2023 Action Plan are available,
at no charge, from the City of Auburn's Community Services Department located at 25 W. Main Street, Auburn, 98001. It is also posted on the City’s website at www.auburnwa.gov/communityservices.
Interested residents may offer oral comments at the Auburn City Council public hearing on Monday, October 17, 2022 at 7:00pm.
The public can provide comments in-person or submit written comments in advance of the scheduled meeting. Written comments regarding input on needs, priorities, or funding for the 2023 Annual Action Plan may be submitted via mail, fax, or email. Please mail written comments to:
City of Auburn Dept of Community Development Attn: Joy Scott, Community Services Manager 25 W Main St Auburn, WA 98001
Page 26 of 114
Please fax written comments to: Attn: Joy Scott, Community Services Manager Dept of Community Development
Fax number: 253-804-3114
Email written comments to: Dept of Community Development jfscott@auburnwa.gov
If an individual requires an accommodation to allow for remote verbal comment because of a difficulty attending a meeting of the board or commission, the City requests notice of the need for accommodation by 3:00 p.m. on the day of the scheduled meeting. Participants can request an accommodation to be able to provide remote verbal comment by contacting the Community
Services Manager in person, by phone (253) 876-1965, or email to jfscott@auburnwa.gov.
Comments can also be submitted online, at www.speakupauburn.org/cdbg. Comments will be accepted until 11:59pm on October 17, 2022.
Non-English speaking residents and citizens with speech, sight, or hearing impairments who
wish to comment at the public hearing should contact the Auburn Department of Community
Development. Each request will be considered individually according to the type of assistance required, the availability of resources, and the financial ability of the City to provide accommodation.
DO NOT PUBLISH BELOW THIS LINE
Please publish in the Seattle Times on September 16, 2022.
Page 27 of 114
Annual Action Plan
2023
1
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Executive Summary
AP-05 Executive Summary - 91.200(c), 91.220(b)
1. Introduction
Each year the City of Auburn executes specific actions to implement the goals and strategies of
the Consolidated Plan for Years 2020-2024. Actions that will be undertaken in 2022 are outlined
in this Annual Action Plan.
The City of Auburn anticipates the receipt of $615,000 in Community Development Block Grant
(CDBG) funds in 2023. The City is also reprogramming $23,577 of 2021 funds from projects that
were underspent in their original program year, primarily from Planning and Administration.
These funds, previously highlighted within minor amendments in their original plan year, were
set aside to support more substantial projects to be included in a future year. These funds are
reflected in the project and activity funding within this Action Plan. In addition to CDBG funds,
the City is planned to allocate approximately 1.3% of the City's General Funds to Human
Services. The City’s Human Services program, housed in the Community Services Division,
oversees and is responsible for providing and managing financial resources to more than 30
non-profit agencies that serve the Auburn community. The Community Services division is also
responsible for administering the local housing repair program and developing collaborations
among community partners to strengthen the response to residents in need.
The 2023 Action Plan proposes to allocate $92,112 of CDBG funds to public services. Consistent
with the goals established in the City’s Consolidated Plan, these funds will be used to support
Homelessness Prevention and Intervention.
Approximately $120,000 of the CDBG funds will be allocated to program administration, which
includes planning and administration of the CDBG program overall, citizen participation,
reporting, and administration of the City’s CDBG-funded Housing Repair Program. $125,000 of
the 2023 funding is designated to support sidewalk ADA improvements in low- to moderate-
income residential areas. The City will also be making $75,000 available through a competitive
RFP process for Microenterprise Assistance. The remaining $202,888 will be allocated
to residential rehabilitation, providing free minor home repair services to low- and very low-
income Auburn residents.
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Annual Action Plan
2023
2
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The City of Auburn is committed to continuing to focus on achieving equitable outcomes for its
community members and achieving a greater collaboration among service providers. Overall
the implementation of the Consolidated Plan is progressing as planned and the primary
activities included are underway.
2. Summarize the objectives and outcomes identified in the Plan
This Action Plan allocates a total of $615,000 dollars in anticipated 2023 Community
Development Block Grant funds, to support the Community Development Block Grant program.
With the overall goal of reducing the number of people living in poverty within the City of
Auburn, the following objectives and outcomes will be employed:
1. Affordable Housing: The City of Auburn will engage in housing activities, collaborations,
and partnerships to enhance opportunities for the creation and preservation of
affordable housing. The City will plan for and support fair housing strategies and
initiatives designed to affirmatively further fair housing choice, and to increase access to
housing and housing programs.
2. Ending Homelessness: The City of Auburn will support Public Service activities that work
toward the following outcomes: 1) reduce the number of households becoming
homeless; 2) reduce the length of time that households are homeless; 3) increase the
rate of exits to permanent housing; and 4) reduce the number of households that re-
enter the homeless system after exit to permanent housing.
3. Community and Economic Development: In an effort to meet the need of Auburn's
economic and demographic growth the City intends to fund programs and activities that
will enhance the economy, accessibility, safety, and physical appearance
of neighborhoods. Activities that would be eligible for funding include fair housing
public services, public infrastructure and ADA improvements for public facilities,
microenterprise assistance, and economic development activities. These
investments help to ensure equitable opportunities for good health, happiness, safety,
self-reliance and connection to community.
4. Planning and Administration: Administer the Community Development Block Grant
program to meet the community needs and HUD requirements
To accomplish these outcomes and objectives, the City invests in programs that meet the
community basic needs, increase self-sufficiency, provide economic opportunity and develop a
safe community.
3. Evaluation of past performance
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Annual Action Plan
2023
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During the past year Auburn has accomplished significant achievement on its programs and
impacted the lives of thousands of residents. In 2021 alone, projects funded by the City
completed the following:
• 52 very low- and low-income Auburn homeowners received housing repair services.
Roughly 70% of these homeowners were seniors.
• 268 low- to moderate-income Auburn residents impacted by the COVID-19 pandemic
received emergency subsistence supports.
• 188 Seniors living in King County Housing Authority properties received food assistance
to support needs due to the pandemic.
• 70 Youth experiencing homelessness benefitted from increased access to behavioral
health supports.
• 12 individuals economically impacted by covid received job training and placement
services.
• 86 low income individuals impacted by the pandemic received childcare services.
• A sidewalk project was completed to support greater ADA accessibility for Auburn
residents, with an estimated direct impact for 1,335 residents.
The City of Auburn has prioritized COVID response with CDBG funds over the course of the
pandemic. In addition to fully allocating the CDBG-CV funds made available, the City reallocated
$205,000 of 2020 CDBG-EN funds to public services directed towards those impacted by the
COVID-19 pandemic. The City also applied for and received over $170,000 of CDBG-CV2 funds
from the State Department of Commerce to support eviction prevention efforts in the
community in 2021 and 2022.
4. Summary of Citizen Participation Process and consultation process
The city is engaged in a public participation process for the 2023 Annual Action Plan, as outlined
below:
• Drafts of the Action Plan have been made available for public via mail and on the City’s
website and notices of its public view were publicized in the local newspaper as of
September 16, 2022. Interested community members can provide comment via mail,
email, or on the City’s public engagement web platform, Speak Up Auburn!, at
www.speakupauburn.org/cdbg.
• A public hearing was provided on August 22, 2022, during the City’s Human Services
Committee meeting to hear public comment and input on priorities to be included in
the 2023 Annual Action Plan.
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Annual Action Plan
2023
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• An additional public hearing will be held on October 17, 2022, during the Auburn City
Council meeting, to hear public comment and input on the published draft of the 2023
Annual Action Plan.
The City of Auburn in conjunction with the King County CDBG Consortium consulted with
multiple public and private agencies during the development of the consolidated plan.
Consultations occurred during regional meetings as well as in individual conversations. Agencies
that participated in consultations regarding public services, fair housing, and other topics
relevant to the drafting of the 2023 Annual Action Plan included: the South King Housing and
Homelessness Partners, local legal assistance providers, other government human service
providers and nonprofit agencies delivering services in Auburn and the sub-region.
In addition to conducting consultations during the development of the plan, the City of Auburn
collaborates and works closely with numerous coalitions, committees and government entities.
5. Summary of public comments
Public comments received will be reflected here.
6. Summary of comments or views not accepted and the reasons for not accepting them
Public comments received will be reflected here.
7. Summary
Public comments received will be reflected here.
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Annual Action Plan
2023
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PR-05 Lead & Responsible Agencies - 91.200(b)
1. Agency/entity responsible for preparing/administering the Consolidated Plan
The following are the agencies/entities responsible for preparing the Consolidated Plan and those responsible for administration of
each grant program and funding source.
Agency Role Name Department/Agency
Lead Agency AUBURN Community Development Department
CDBG Administrator AUBURN Community Development Department
ESG Administrator KING COUNTY DCHS
Table 1 – Responsible Agencies
Narrative
The City of Auburn, as a member of the King County Consortium, administers its own CDBG funds and prepares its own Consolidated
Plan and Annual Action Plans for the administration of those funds.
As a member of the King County Consortium, the City works closely with numerous nonprofit organizations in the region that
implement programs funded by the City of Auburn CDBG program. A detailed list of agencies responsible for administering funded
programs by CDBG can be found in the Action Plan section of this document.
Consolidated Plan Public Contact Information
Joy Scott
Community Services Manager
City of Auburn
25 West Main Street
Auburn, WA 98001
253.876.1965
jfscott@auburnwa.gov
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2023
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AP-10 Consultation - 91.100, 91.200(b), 91.215(l)
1. Introduction
This section describes the community consultation process followed by the City of Auburn in
developing the 2023 Annual Action Plan and the coordination with other local governments,
the Continuum of Care, service agencies, and community stakeholders. The City of Auburn
consulted with multiple public and private agencies as well as community members during the
development of the Consolidated Plan.
In addition to conducting consultations during the development of the plan, the City of Auburn
collaborates and works closely with numerous coalitions, committees, and government entities
throughout the duration of the plan in efforts to enhance strategies and systems to meet
established goals and objectives of the plan.
Provide a concise summary of the jurisdiction’s activities to enhance coordination between
public and assisted housing providers and private and governmental health, mental health
and service agencies (91.215(l)).
The City of Auburn works closely with partnering King County jurisdictions, public housing
authorities and health providers to develop systems in order to improve the quality of service
and access for low-income residents as well as the community as a whole within the city and
throughout the region.
The City of Auburn, in partnership with the Seattle-King County Coalition on Homelessness,
convenes a monthly group of service providers, faith communities, community advocates, and
others, to coordinate efforts on serving individuals experiencing homelessness in South King
County. The meeting provides a venue for resource sharing, collaboration, training, and best
practice implementation. City staff also participate in regional collaborative and decision
making bodies such as the King County Joint Recommendations Committee (JRC) and the South
King County Human Services Planners group. The city is a member of the King County Human
Services Funder Collaborative, which provides a more streamlined process for human service
agencies to access funding from multiple cities.
Additionally, the City participates in monthly Homelessness Action Committee meetings with
staff from King County Department of Community and Human Services, Public Health King
County, the Housing Development Consortium, Valley Cities, the Multi-Service Center, and the
King County Housing Authority to review program progress and delivery of homeless services
funded through regional efforts. In addition to these groups, the City’s regional collaboration
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work on affordable housing is supported by the South King Housing and Homelessness
Partners, which Auburn and other South King County Cities contribute to in order to build
additional capacity to address issues related to housing and homelessness in the South King
County region.
Describe coordination with the Continuum of Care and efforts to address the needs of
homeless persons (particularly chronically homeless individuals and families, families with
children, veterans, and unaccompanied youth) and persons at risk of homelessness.
In 2016, King County and All Home, our region’s Continuum of Care (CoC) lead agency at the time,
launched the Coordinated Entry for All (CEA) system for homeless populations and our region has been
refining the system since then. National research identifies coordinated entry as a key component for an
effective homeless system because it improves the quality of client screening and assessment, matches
clients to appropriately targeted services and resources, and promotes a more efficient use of resources.
CEA processes and prioritizes assistance based on vulnerability and severity of service needs to ensure
that people who need assistance the most can receive it in a timely manner.
Chronically homeless individuals and families, families with children, veterans, unaccompanied youth,
and young adults are a part of the coordinated system. In addition, CEA utilizes regional access points
which serve as the primary “front door” for the homeless housing system.
In 2021, the newly-created King County Regional Homelessness Authority (KCRHA) became our CoC lead
agency, and has worked to consolidate structures and contracts across King County and Seattle to create
greater efficiency and maximize impact.
In 2022, this work continued and Auburn remained a partner in the work of the KCRHA. Auburn’s mayor
currently sits on the Governance Board of the Regional Homelessness Authority, and staff participate in
bi-weekly meetings with KCRHA to collaborate and inform the work they are overseeing, particularly in
regards to subregional planning.
Describe consultation with the Continuum(s) of Care that serves the jurisdiction’s area in
determining how to allocate ESG funds, develop performance standards for and evaluate
outcomes of projects and activities assisted by ESG funds, and develop funding, policies and
procedures for the operation and administration of HMIS
The ESG program focuses on assisting people to quickly regain stability in permanent housing after
experiencing homelessness or a housing crisis. Auburn does not receive ESG funds directly.
Coordinating with King County’s Continuum of Care (CoC) is critical to our region’s implementation. The
City will continue to look for deeper ways of participating in and collaborating with the Regional
Homelessness Authority and its Advisory Committee, which serves as our Continuum of Care.
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The City of Auburn supports the continuum of housing including prevention, emergency shelter, and
permanent housing. The City provides financial support for these efforts with City general funds and
also commits staff and leadership time to the ongoing development and implementation of the system
to address the needs of persons experiencing homelessness.
The City participates in and supports numerous coalitions and committees, such as the South King
County Forum on Homelessness and the Homelessness Action Committee, focusing on developing
resources in South King County. The City also participates in the annual Point in Time Count, which
provides invaluable data for planning. The Point In Time Count was conducted utilizing a new
methodology in 2022, which included over 500 in depth interviews with individuals experiencing
homelessness. KCRHA utilized geographic hubs to reach individuals during this Count. One of the hub
locations was located in Auburn. The City provides both CDBG and local funds to agencies that serve
chronically homeless individuals and families with children, veterans, and unaccompanied youth.
2. Agencies, groups, organizations and others who participated in the process and
consultations
1 Agency/Group/Organization KING COUNTY
Agency/Group/Organization Type Other government - County
What section of the Plan was addressed
by Consultation?
Housing Need Assessment
Homelessness Strategy
Homeless Needs - Chronically homeless
Homeless Needs - Families with children
Homelessness Needs - Veterans
Homelessness Needs - Unaccompanied youth
Non-Homeless Special Needs
Market Analysis
How was the
Agency/Group/Organization consulted
and what are the anticipated outcomes
of the consultation or areas for
improved coordination?
As a member of the King County Housing Consortium
for the purpose of HOME funds, Auburn works closely
with King County in the development of the City's and
the County's Consolidated Plan. Because the two
entities have a cardinal role in each other's program
delivery there is active participation from both parties
in the development of the plan. Staff from King
County and Auburn met regularly prior to and during
the development of the plan, and Auburn rotates as a
regular voting member of the County’s Joint
Recommendations Committee.
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2 Agency/Group/Organization KENT
Agency/Group/Organization Type Other government - Local
What section of the Plan was addressed
by Consultation?
Housing Need Assessment
Lead-based Paint Strategy
Homelessness Strategy
Homeless Needs - Chronically homeless
Homeless Needs - Families with children
Homelessness Needs - Veterans
Homelessness Needs - Unaccompanied youth
Non-Homeless Special Needs
Market Analysis
Anti-poverty Strategy
How was the
Agency/Group/Organization consulted
and what are the anticipated outcomes
of the consultation or areas for
improved coordination?
As members of the Urban County Consortium,
Auburn and Kent staff worked closely together during
the development of the Consolidated Plan. Staff from
both cities attend monthly meetings to discuss
human services and housing trends, needs, and
progress on ongoing initiatives.
3 Agency/Group/Organization FEDERAL WAY
Agency/Group/Organization Type Other government - Local
What section of the Plan was addressed
by Consultation?
Housing Need Assessment
Lead-based Paint Strategy
Homelessness Strategy
Homeless Needs - Chronically homeless
Homeless Needs - Families with children
Homelessness Needs - Veterans
Homelessness Needs - Unaccompanied youth
Non-Homeless Special Needs
Market Analysis
Anti-poverty Strategy
How was the
Agency/Group/Organization consulted
and what are the anticipated outcomes
of the consultation or areas for
improved coordination?
As members of the Urban County Consortium,
Auburn and Federal Way staff worked closely
together during the development of the Consolidated
Plan. Staff from both cities attend monthly meetings
to discuss human services and housing trends, needs,
and progress on ongoing initiatives.
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4 Agency/Group/Organization King County Regional Homelessness Authority
Agency/Group/Organization Type Planning organization
What section of the Plan was addressed
by Consultation?
Housing Need Assessment
Public Housing Needs
Homelessness Strategy
Homeless Needs - Chronically homeless
Homeless Needs - Families with children
Homelessness Needs - Veterans
Homelessness Needs - Unaccompanied youth
How was the
Agency/Group/Organization consulted
and what are the anticipated outcomes
of the consultation or areas for
improved coordination?
Auburn participates in monthly meetings convened
by the King County Regional Homelessness Authority
(KCRHA) on homeless response needs and strategy in
SKC, and bimonthly meetings focused on affordable
housing data and developments. The information
collected by KCRHA helps to inform multiple pieces of
our Annual Action Plan, particularly those strategies
related to homelessness and affordable housing in
our community.
5 Agency/Group/Organization Seattle-King County Coalition on Homelessness
Agency/Group/Organization Type Services-homeless
Nonprofit agency
What section of the Plan was addressed
by Consultation?
Homelessness Strategy
Homeless Needs - Chronically homeless
Homeless Needs - Families with children
Homelessness Needs - Veterans
Homelessness Needs - Unaccompanied youth
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How was the
Agency/Group/Organization consulted
and what are the anticipated outcomes
of the consultation or areas for
improved coordination?
Auburn is a member of the Seattle-King County
Coalition on Homelessness (SKCCH), and co-convenes
a monthly group of service providers working with
people experiencing homelessness in our
communities. The meetings provide a frequent check-
in point, and the opportunity to hear from providers
directly on the challenges and trends they're seeing in
Auburn. The Coalition on Homelessness'
organizational members include agencies and
community groups that provide emergency shelter
and services, transitional housing, and permanent,
supported housing to the roughly 27,000 men,
women, and children who are homeless in King
County during one year.
6 Agency/Group/Organization South King County Housing and Homelessness
Partners
Agency/Group/Organization Type Other government - Local
Regional organization
What section of the Plan was addressed
by Consultation?
Housing Need Assessment
Public Housing Needs
Homelessness Strategy
Homeless Needs - Chronically homeless
Homeless Needs - Families with children
Homelessness Needs - Veterans
Homelessness Needs - Unaccompanied youth
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How was the
Agency/Group/Organization consulted
and what are the anticipated outcomes
of the consultation or areas for
improved coordination?
South King Housing and Homelessness Partners
(SKHHP) is a coalition formed by an interlocal
agreement between the jurisdictions of Auburn,
Burien, Covington, Des Moines, Federal Way, Kent,
Maple Valley, Normandy Park, Renton, Tukwila, and
King County. The agreement allows for South King
County jurisdictions to work together and share
resources in order to effectively address affordable
housing and homelessness. This collaborative model
is based on similar approaches used in Snohomish
County, East King County, and other areas of the
country. The purpose of the coalition is to increase
the available options for South King County residents
to access affordable housing and to preserve the
existing affordable housing stock.
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Table 2 – Agencies, groups, organizations who participated
Identify any Agency Types not consulted and provide rationale for not consulting
A wide range of groups and organizations participated in the process including public funders from Washington State and King
County partner jurisdictions, public housing authorities, members from the Seattle-King County Housing Development Consortium,
stakeholders, housing providers for low-and-moderate income persons, agencies who serve persons who are homeless, and Seattle-
King County Public Health. In addition to the consultations referenced above, Auburn, King County and Consortium partner staff
coordinate closely with each other and fan out to participate and attend a wide range of standing meetings with city planners,
housing and service providers.
The only types of organizations not consulted with were corrections facilities. The rationale for not consulting with these facilities is
that the City does not host this type of organization.
Other local/regional/state/federal planning efforts considered when preparing the Plan
Name of Plan Lead Organization How do the goals of your Strategic Plan
overlap with the goals of each plan?
Continuum of Care King County Regional Homeless Authority The goals of Auburn's Strategic Plan overlap
with the goals of the CoC to address the
needs of homeless residents in the
community and reduce the risk of
homelessness.
Table 3 - Other local / regional / federal planning efforts
Narrative
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AP-12 Participation - 91.401, 91.105, 91.200(c)
1. Summary of citizen participation process/Efforts made to broaden citizen participation
Summarize citizen participation process and how it impacted goal-setting
Public participation plays a crucial role in the success of the City's Annual Action Plan. The goals are to hear the community's
feedback and recommendations on how CDBG funds should be invested and how services can coordinate to achieve the greatest
impact. In addition to the targeted outreach listed below, the City regularly engages service providers and stakeholders in
discussions regarding human services and local economic development needs. Organizations funded by the city are monitored
throughout the year and report quarterly on progress, trends, and challenges. City staff co-host a monthly meeting of service
providers working with individuals and families experiencing homelessness in the region to gather feedback and support increased
capacity building through broad collaboration of regional providers. In addition, City staff meet regularly with other cities in the area
and other funders to evaluate gaps in services and seek solutions to local and regional community development challenges.
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Citizen Participation Outreach
Sort Ord
er
Mode of Outre
ach
Target of Outre
ach
Summary of
response/attend
ance
Summary of
comments recei
ved
Summary of comm
ents not accepted
and reasons
URL (If applicable)
1. Public Hearing Non-
targeted/broad
community
2. Newspaper Ad Non-
targeted/broad
community
3. Web posting
on Speak Up
Auburn
Non-
targeted/broad
community
www.speakupauburn.or/cdbg
4. Web posting
on City’s
Community
Services page
Broad
community,
Service
providers in
Auburn
www.auburnwa.gov/community
services
Table 4 – Citizen Participation Outreach
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Expected Resources
AP-15 Expected Resources - 91.420(b), 91.220(c)(1,2)
Introduction
The City of Auburn anticipates funding for the duration of the Consolidated Plan from
• CDBG
• City of Auburn General Fund allocation for Human Services
Anticipated Resources
Program Source of
Funds
Uses of Funds Expected Amount Available Year 1 Expected Amount
Available
Remainder
of ConPlan
$
Narrative Description
Annual
Allocation:
$
Program
Income: $ Prior Year
Resources:
$
Total:
$
CDBG Public-
federal
Admin and
Planning
Fair Housing
Public
Improvements
Public Services
$615,000 0 $23,577 $615,000 $1,230,000 Auburn is anticipating
approximately
$615,000 per year in
CDBG funds for the
remainder of the
Consolidated Plan
period.
General Fund Public
- local
Public Services Estimated:
$1,200,000
0 0 Estimated:
$1,200,000
$2,400,000
Table 5 - Expected Resources – Priority Table
Explain how federal funds will leverage those additional resources (private, state and local funds), including a description of how
matching requirements will be satisfied
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The City of Auburn relies on CDBG funds to support community and economic development projects and activities in efforts to
support low to moderate income populations to become self-sufficient and sustain affordable housing. However, CDBG funds are
not the only source of funds the City uses to support community projects and activities. The City's general funds are used to
support direct services benefitting Auburn's at risk populations in addition to CDBG funds.
CDBG funds do not require matching funds.
If appropriate, describe publically owned land or property located within the jurisdiction that may be used to address the needs
identified in the plan
N/A
Discussion
The City of Auburn will use CDBG funds to support all eligible projects and activities that align with CDBG guidelines and regulations.
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Annual Goals and Objectives
AP-20 Annual Goals and Objectives - 91.420, 91.220(c)(3)&(e)
Goals Summary Information
Sort Order Goal Name Start Year End Year Category Geographic Area Needs Addressed Funding Goal Outcome Indicator
1 Affordable Housing 2020 2024 Affordable
Housing
Public Housing
Homeless
Non-Homeless
Special Needs
Affordable
Housing
CDBG:
$202,888
Homeowner Housing Rehabilitated:
65 Household Housing Unit
2 Ending
Homelessness
2020 2024 Homeless Ending
Homelessness
CDBG: $92,112 Public service activities other than
Low/Moderate Income Housing
Benefit: 96 Persons Assisted
3 Community and
Economic
Development
2020 2024 Non-Homeless
Special Needs
Non-Housing
Community
Development
Community
and Economic
Development
CDBG:
$200,000
Public Facility or Infrastructure
Activities other than
Low/Moderate Income Housing
Benefit: 500 Persons Assisted
Microenterprise Assistance: 30
Persons Assisted
4 Planning and
Administration
2020 2024 CDBG:
$120,000
Other: 0 Other
Table 6 – Goals Summary
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Goal Description
1 Goal Name Affordable Housing
Goal
Description
The City of Auburn will engage in housing activities, collaborations, and partnerships to enhance opportunities for the
creation and preservation of affordable housing. The City will plan for and support fair housing strategies and initiatives
designed to affirmatively further fair housing choice, and to increase access to housing and housing programs.
2 Goal Name Ending Homelessness
Goal
Description
The City of Auburn will support Public Service activities that work toward the following outcomes: 1) reduce the number of
households becoming homeless; 2) reduce the length of time that households are homeless; 3) increase the rate of exits to
permanent housing; and 4) reduce the number of households that re-enter the homeless system after exit to permanent
housing.
3 Goal Name Community and Economic Development
Goal
Description
In an effort to meet the need of Auburn's economic and demographic growth the City intends to fund programs and
activities that will enhance the economy, accessibility, safety, and physical appearance of neighborhoods. Activities that
would be eligible for funding include fair housing public services, public infrastructure and ADA improvements for public
facilities. These investments help to ensure equitable opportunities for good health, happiness, safety, self-reliance and
connection to community.
4 Goal Name Planning and Administration
Goal
Description
General administration and project management
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AP-35 Projects - 91.420, 91.220(d)
Introduction
Auburn's Annual Action Plan provides descriptions of proposals of how funds will be prioritized
to achieve goals identified in the Consolidated Plan. Projects funded by the City will address the
priority needs of providing assistance to prevent homelessness, ensure affordable housing and
a suitable living environment. Projects and programs are selected through a competitive
application process to ensure optimal quality services is provided to the community in use of
the funds.
# Project Name
1 HOUSING REPAIR
2 ADMINISTRATION
3 SOLID GROUND HOUSING STABILITY PROGRAM
5 MICROENTERPRISE ASSISTANCE
6 ADA SIDEWALK IMPROVEMENTS
Table 7 – Project Information
Describe the reasons for allocation priorities and any obstacles to addressing underserved needs
The allocations proposed are based on the assessment of Auburn's needs, the resources
available in the region, the availability of other funds also focusing on needs, and the purpose
of Consolidated Plan funds. In addition to supporting Consolidated Plan goals, the inclusion of
microenterprise assistance is responsive to increased need for support post-pandemic that we
have seen in our small business community.
Should CDBG revenues exceed the proposed amount, the additional resources shall be
allocated in accordance to the following guidelines:
• Fill gaps in human services primarily healthcare, homeless prevention and intervention
and affordable housing accessibility.
• Increase funding for community development projects and activities including housing,
community facilities and economic development.
If increases are not significant enough to enhance projects or activities funds may be placed in
contingency for programming later in the year or the following program year.
Should CDBG revenues come in lower than anticipated; the City will continue with its planned
policy and to the extent allowed reduce funding allocations in homeowner rehabilitation
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projects and administrative activities.
Should CDBG revenues come in less than originally proposed, the City will continue managing
the programs with decreased resources to the extent possible and reduce funding allocations
in administrative activities and not public services.
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AP-38 Project Summary
Project Summary Information
1 Project Name Housing Repair
Target Area None
Goals Supported Affordable Housing
Needs Addressed Affordable Housing
Funding CDBG: $202,888
Description Maintain the affordability of decent housing for low-income Auburn residents by providing repairs
necessary to maintain suitable housing for low income Auburn homeowners.
Target Date 12/31/2023
Estimate the number and type
of families that will benefit
from the proposed activities
An estimated 65 low- and very low-income families will benefit from the housing repair program. As the
City's largest homeless prevention program, housing repair ensures the sustainability of a safe home for
some of Auburn's most vulnerable residents. Of the 65 low to moderate income residents who apply for
the program, over half of them are of the senior and disabled population.
Location Description n/a
Planned Activities Activities include minor home repairs.
2 Project Name Administration
Target Area None
Goals Supported All
Needs Addressed Planning and Administration
Funding CDBG: $120,000
Description General administration and project management
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Target Date 12/31/2022
Estimate the number and type
of families that will benefit
from the proposed activities
n/a
Location Description n/a
Planned Activities General planning and administration of the CDBG programs include: management of the housing repair
program, management of all CDBG related finances, all grant reporting, monitoring of subrecipients and
providing guidance of program implementation in Auburn.
3 Project Name Solid Ground Housing Stability Program
Target Area
Goals Supported End Homelessness
Needs Addressed Ensure a Suitable Living Environment
Funding CDBG: $92,112
Description Provide time limited emergency subsistence/rental assistance to Auburn residents paired with
supportive services based on the progressive engagement model to support homelessness prevention
and increased housing stability. This is a public service activity.
Target Date 12/31/2023
Estimate the number and type
of families that will benefit
from the proposed activities
60 low to moderate income Auburn residents will benefit from the housing stability program.
Location Description n/a
5 Project Name Microenterprise Assistance
Target Area
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Goals Supported Community and Economic Development
Needs Addressed Ensure a Suitable Living Environment.
Funding CDBG: $75,000
Description Make funds available through an RFP process to nonprofit agencies to provide Microenterprise
Assistance services to low to moderate income Auburn residents.
Target Date 12/31/2023
Estimate the number and type
of families that will benefit
from the proposed activities
An estimated 30 low income households will benefit from the proposed activity.
Location Description n/a
6 Project Name ADA Sidewalk Accessibility Improvements
Target Area none
Goals Supported Community and Economic Development
Needs Addressed Ensure a Suitable Living Environment
Funding CDBG: $148,577
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Description Provide sidewalk ADA improvements in low- to moderate-income residential areas of Auburn, improving
accessibility, safety, and community connectedness.
Target Date 12/31/2023
Estimate the number and type
of families that will benefit
from the proposed activities
500 low to moderate income Auburn residents will benefit from the improvements.
Location Description The specific location of 2023 sidewalk ADA improvement projects has not been finalized, but the City
aims to support improvements in low income residential areas, especially in those areas where a project
can support greater residential connections to transit and services.
Planned Activities TBD
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AP-50 Geographic Distribution - 91.420, 91.220(f)
Description of the geographic areas of the entitlement (including areas of low-income and
minority concentration) where assistance will be directed
The City of Auburn intends on distributing funds throughout the jurisdiction.
Geographic Distribution
Target Area Percentage of Funds
Table 8 - Geographic Distribution
Rationale for the priorities for allocating investments geographically
Due to the fact that all areas of Auburn have low to moderate income families dispersed
throughout the entire City, the City intends on investing throughout the entire jurisdiction to
ensure that all populations throughout the region have access to beneficial programs and
housing opportunities.
Discussion
Due to the fact that all areas of Auburn have low to moderate income families dispersed
throughout the entire City, the City intends on investing throughout the entire jurisdiction to
ensure that all populations throughout the region have access to beneficial programs and
housing opportunities.
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AP-75 Barriers to affordable housing -91.420, 91.220(j)
Introduction
The City of Auburn will continue to work with service providers, the housing authority and residents in coordination to fully address
and develop systems and strategies to promote their efforts in providing sustainable, affordable housing.
Auburn's partnerships with organizations such as the King County Housing Authority, South King Housing and Homelessness
Partners, and the Housing Development Consortium of Seattle King County have allowed the City to explore new and innovative
strategies to continue to offer affordable housing to its current and prospective residents.
Actions it planned to remove or ameliorate the negative effects of public policies that serve as barriers to affordable housing such
as land use controls, tax policies affecting land, zoning ordinances, building codes, fees and charges, growth limitations, and
policies affecting the return on residential investment
The City of Auburn will continue to look at policies that remove barriers to affordable housing. The City of Auburn's Comprehensive
Land Use Plan includes several policies and objectives that will guide the city toward achieving its affordable and fair housing goals.
These policies include maintaining flexibility in land use to achieve a balanced mix of affordable housing opportunities. The City will
continue to pursue mixed use developments that are consistent with the transportation oriented developments located in Auburn's
downtown. The City will look for opportunities with public and private agencies to implement policies and offer programs that help
alleviate physical and economic distress, conserve energy resources, improve the quality and quantity of community services, and
eliminate conditions that are detrimental to health, safety and public welfare.
In 2019, the Washington State Legislature adopted House Bill 1923, which awarded grants in the amount up to $100,000 to cities for
the purpose of increasing residential capacity. The City of Auburn partnered with five other South King County jurisdictions to
establish a sub-regional framework of existing conditions. The results of that effort were used to inform and aid in the development
of Auburn’s own Housing Action Plan.
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Auburn’s Housing Action Plan focuses on encouraging construction of additional affordable and market rate housing in a greater
variety of housing types and at prices that are accessible to a greater variety of incomes, including strategies aimed at the for-profit
single-family home market.
The Housing Action Plan aims to address the following four goals:
A) Encourage market rate development in Downtown Auburn: more development and denser development
B) Encourage the development of below-market workforce housing in Downtown Auburn
C) Encourage the development of middle housing types in R-5 and R-7 Zones in the Study Area
D) Prevent displacement and encourage the preservation of existing affordable housing
The final Housing Action Plan was adopted by Auburn City Council on July 6, 2021. The City will continue its work in implementing
strategies identified in the Housing Action Plan in 2023 and through the remainder of the Consolidated Plan period.
In 2020 the City of Auburn passed an ordinance adopting a new chapter of Rental Housing Code. Included in this ordinance were
multiple housing stability strategies, including increased notice of rental increases, a cap on late fees, and a Just Cause Eviction
Ordinance that requires landlords to have good cause in order to evict or terminate tenancy of a renter. Just Cause protections are
especially helpful in addressing fair housing issues, and this adoption was consistent with the City’s efforts related to the Analysis of
Impediments to Fair Housing Choice. This builds on previous protections passed by Auburn City Council, including Source of Income
Discrimination protections and enhanced rental inspections. Auburn staff have been involved in local and regional policy
conversations exploring opportunities to further support anti-displacement efforts and reduce barriers to affordable housing
development within our jurisdiction.
In 2022, the City of Auburn funded Fair Housing Public Services utilizing CDBG funds, consistent with the findings and goals of the
City’s adopted Analysis of Impediments to Fair Housing Choice. The City also continues to support proactive landlord and tenant
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OMB Control No: 2506-0117 (exp. 06/30/2018)
education through outreach and web-based resource supports.
Page 56 of 114
Annual Action Plan
2023
30
OMB Control No: 2506-0117 (exp. 06/30/2018)
AP-85 Other Actions - 91.420, 91.220(k)
Introduction
The City of Auburn will continue to work with service providers throughout the region in coordination to develop systems and strategies to promote their efforts in providing optimal, easily accessible services. The City will work to reduce the number of families in poverty, sustain relationships with employment training agencies, and work to preserve and increase the affordable housing stock in our community.
Actions planned to address obstacles to meeting underserved needs
By establishing a strong foundation of networks between local service providers, stakeholders
and government agencies through committees and coalitions, the City will work in partnership
to address obstacles and ameliorate barriers to meeting underserved needs. The collaborated
organizations will develop detailed strategic plans that will delegate tasks, build systems and
ongoing assessment of service delivery.
Actions planned to foster and maintain affordable housing
The City will continue to maintain the affordability of decent housing for low income Auburn
residents by allocating over $200,000 of CDBG funds to the City's Housing Repair Program. The
program provides emergency repairs necessary to maintain safe housing for at least 65 Auburn
homeowners, many of whom are senior citizens and/or are experiencing barriers to safely
accessing their homes due to physical disabilities.
In addition to Auburn's Housing Repair program, the City will maintain affordable housing by
continuing to engage and partner with coalitions, committees and other government agencies
to integrate and enhance efforts on the issue.
The City has formally adopted a Housing Action Plan, as discussed in AP-75, that is helping to
guide current and future efforts in this area. That plan is available to the public on the City of
Auburn’s website.
Auburn has been participating in multiple robust regional efforts to coordinate affordable
housing activities in King County. One of these efforts, The South King Housing and
Homelessness Partners (SKHHP) is a coalition formed by an interlocal agreement between the
jurisdictions of Auburn, Burien, Covington, Des Moines, Federal Way, Kent, Normandy Park,
Renton, Tukwila, and King County. The agreement allows for South King County jurisdictions to
work together and share resources in order to effectively address affordable housing and
homelessness. This collaborative model is based on similar approaches used in Snohomish
County, East King County, and other areas of the country. The purpose of the coalition is to
Page 57 of 114
Annual Action Plan
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increase the available options for South King County residents to access affordable housing and
to preserve the existing affordable housing stock.
Additionally, the City of Auburn has been an active participant in the recently formed
Affordable Housing Committee of the Growth Management Planning Council (GMPC), with a
City Councilmember sitting on the Committee as an alternate member. The Affordable Housing
Committee serves as a regional advisory body to recommend action and assess progress toward
implementing the Regional Affordable Housing Task Force (RAHTF) Five Year Action Plan. The
Committee functions as a point in coordinating and owning accountability for affordable
housing efforts across King County.
Actions planned to reduce lead-based paint hazards
The City of Auburn includes language in its CDBG contracts that require agencies to comply with
HUD Lead-Based Paint Regulations (24 CFR Part 35) issued pursuant to the Lead-Based Paint
Poisoning Prevention Act (42 U.S.C. Sections 4831, et seq.) requiring prohibition of the use of
lead-based paint whenever CDBG funds are used. In addition, the City notifies residents of
potential lead-based paint hazards when it awards a Housing Repair grant. A copy of the
pamphlet – "Protect Your Family from Lead In Your Home" is provided each Housing Repair
client when the City conducts the initial inspection of their home.
The city takes additional measures when the age of the home indicates a possible presence of
lead-based paint. Before housing repair work commences, the city contracts with a certified
provider to undertake lead paint testing. When lead-based hazards are positively identified, the
city works with the housing repair client and contractors certified in RRP Lead Abatement to
implement the necessary mitigation and safety strategies.
Actions planned to reduce the number of poverty-level families
The City of Auburn's planned actions to reduce the number of poverty- level families within the
context of this Annual Action Plan include but are not limited to:
• Allocating over $200,000 to the Housing Repair program, which serves low- and very
low-income residents and supports households to remain in safe and affordable
housing.
• Allocating over $92,000 to public service activities providing Homelessness Prevention
and Intervention services.
• Participate and partner with coalitions, committees and agencies that provide
antipoverty services to develop and enhance strategies and efforts to reduce poverty
Page 58 of 114
Annual Action Plan
2023
32
OMB Control No: 2506-0117 (exp. 06/30/2018)
level families.
• Supporting the development and sustainability of affordable multi-family housing in
Auburn.
In addition, the city will continue to support and fund programs serving families living in
poverty through a competitive human services funding process.
Actions planned to develop institutional structure
The City's planned actions to address the gaps and weaknesses identified in the strategic plan
include:
• Maintaining partnerships with and participating in the South King County Housing and
Homelessness Partnership, the Regional Homelessness Authority of King County and
other regional human service providers, coalitions and committees who address
homeless issues. The City will also continue to work collaboratively with partnering
organizations and groups to integrate and enhance services to provide optimal services
to individuals and families currently experiencing or at risk of homelessness. In addition
the City plans to prioritize General Fund human services dollars for housing and
homelessness interventions, and allocate $240,000 to basic needs services such as food,
financial assistance, clothing and healthcare.
• Take a comprehensive approach to consolidated and comprehensive planning to include
all internal City departments, commissions, committees and task forces.
Actions planned to enhance coordination between public and private housing and social
service agencies
The City of Auburn has heavily contributed and intends to continue cultivating relationships
between public and private housing and social service agencies. In addition the City will
continue to participate in collaborations with the South King County Forum on Homelessness,
the South King County Council of Human Services, Seattle-King County Housing Development
Consortium and the King County Joint Planners Meeting.
Discussion
The expressed goal of the City's Consolidated Plan is to reduce the number of people living in poverty within Auburn. The City intends to give funding priority to programs that in addition to complying with federal regulations and address a priority a outlined in the Consolidated Plan
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Annual Action Plan
2023
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are consistent with all of the goals and objectives identified.
Page 60 of 114
Annual Action Plan
2023
34
OMB Control No: 2506-0117 (exp. 06/30/2018)
Program Specific Requirements
AP-90 Program Specific Requirements - 91.420, 91.220(l)(1,2,4)
Introduction
Community Development Block Grant Program (CDBG)
Reference 24 CFR 91.220(l)(1)
Projects planned with all CDBG funds expected to be available during the year are identified in the
Projects Table. The following identifies program income that is available for use that is included in
projects to be carried out.
1. The total amount of program income that will have been received before
the start of the next program year and that has not yet been reprogrammed
2. The amount of proceeds from section 108 loan guarantees that will be
used during the year to address the priority needs and specific objectives
identified in the grantee's strategic plan
3. The amount of surplus funds from urban renewal settlements
4. The amount of any grant funds returned to the line of credit for which the
planned use has not been included in a prior statement or plan.
5. The amount of income from float-funded activities
Total Program Income
Other CDBG Requirements
Discussion
Page 61 of 114
AGENDA BILL APPROVAL FORM
Agenda Subject:
Minutes of the September 20, 2022 and September 27, 2022
Special City Council Meetings
Date:
October 12, 2022
Department:
City Council
Attachments:
09-20-2022 Minutes
09-27-2022 Minutes
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrative Recommendation:
Background for Motion:
Background Summary:
Reviewed by Council Committees:
Councilmember:Staff:
Meeting Date:October 17, 2022 Item Number:CA.A
Page 62 of 114
Special City Council Meeting
September 20, 2022 - 5:00 PM
City Hall Council Chambers
MINUTES
I.CALL TO ORDER
A.LAND ACKNOWLEDGEMENT
1.Land Acknowledgement
We would like to acknowledge the Federally Recognized Muckleshoot Indian
Tribe, the ancestral keepers of the land we are gathered on today. We thank them
for their immense contributions to our state and local history, culture, economy,
and identity as Washingtonians.
B.Roll Call
Councilmembers present: Deputy Mayor James Jeyaraj, Larry Brown,
Robyn Mulenga, Chris Stearns, and Yolanda Trout-Manuel.
Councilmember Bob Baggett was excused and Councilmember Kate
Baldwin arrived at 5:15 p.m.
Department directors and staff members present included: City Attorney
Kendra Comeau, Chief of Police Mark Caillier, Assistant Chief of Police
Samuel Betz, Director of Public Works Ingrid Gaub, Assistant Director of
Engineering Services Jacob Sweeting, Director of Administration Dana
Hinman, Director of Human Resources & Risk Management Candis
Martinson, Director of Community Development Jeff Tate, Director of
Finance Jamie Thomas, Director of Innovation and Technology David
Travis, Financial Planning Manager Frank Downard, Business Systems
Analyst Chrissy Malave, and City Clerk Shawn Campbell were in
Chambers.
C.PUBLIC PARTICIPATION
1.Public Participation
The meeting was held in person and virtually.
II.DISCUSSION IT EMS
A.2023-2024 Budget Review (Thomas)
Director Thomas provided Council with the second of three 2023-2024
Preliminary Budget review sessions. She explained tonight will be
Page 1 of 3Page 63 of 114
presentations from Police, Public Works, and Parks, Arts, and Recreation.
Chief Caillier provided Council with a Departmental Overview, the 2021-
2022 accomplishments and the 2023-2024 departmental goals. He
explained the increase to the baseline budget, the increase for a cost to
send new Officers to Basic Academy, the increase in impound fees, and
increase in mandated training, and the Police Patrol Vehicle Deployment
Program.
Council discussed the Individual Police Vehicle Program, conditions for
Individual Police Vehicle Program, response times, procedures for end of
shifts, fuel costs for the Individual Police Vehicle Program, and the location
of the vehicles.
Director Gaub provided Council with a Departmental Overview, the 2021-
2022 accomplishments and the 2023-2024 departmental goals, new
request for a full time employee, funding for a Transportation Plan Update,
Citywide traffic signal re-lamping project, Traffic Signal Battery Backup
Replacement Program, and a one-time adjustment to move money from
the General Fund to the Arterial Street Fund.
Manager Mehl provided Council with a Departmental Overview, the 2021-
2022 accomplishments, request to convert Museum Curator position from
limited term to full time, transferring Museum Operations Expenditures and
Revenues to the City, request for two parks maintenance workers, and
funding to repair the Veteran's Park Memorial.
Director Gaub and Director Thomas provided Council with an overview of
the General Government Capital Project Budget including the Biennial
Budget, Street Funds, Sales Tax Levy, Utilities Tax increase, new program
request, revenue sources, and new projects.
Manager Mehl provided Council with an overview of the Municipal Parks
Fund and the 2023-2024 projects in the fund.
Director Gaub and Director Thomas provided Council with an overview of
the Local Revitalization Fund.
Council discussed addiction treatment, homelessness, and climate
change.
Page 2 of 3Page 64 of 114
III.ADJOURNMENT
There being no further business to come before the Council, the meeting
was adjourned at 7:11 p.m.
APPROVED this 17th day of October, 2022.
____________________________ ____________________________
NANCY BACKUS, MAYOR 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 3 of 3Page 65 of 114
Special City Council Meeting
September 27, 2022 - 5:00 PM
City Hall Council Chambers
MINUTES
I.CALL TO ORDER
Mayor Nancy Backus called the meeting to order at 5:01 p.m. in the
Council Chambers of Auburn City Hall, 25 West Main Street, and led those
in attendance in the Pledge of Allegiance.
A.LAND ACKNOWLEDGEMENT
1.Land Acknowledgement
We would like to acknowledge the Federally Recognized Muckleshoot Indian
Tribe, the ancestral keepers of the land we are gathered on today. We thank them
for their immense contributions to our state and local history, culture, economy,
and identity as Washingtonians.
B.Roll Call
Councilmembers present: Deputy Mayor James Jeyaraj, Bob Baggett,
Kate Baldwin, Larry Brown, Robyn Mulenga, Chris Stearns and Yolanda
Trout-Manuel.
Department directors and staff members present include: City Attorney
Kendra Comeau, Chief of Police Mark Caillier, Director of Public Works
Ingrid Gaub, Director of Parks, Arts and Recreation Daryl Faber, Director
of Finance Jamie Thomas, Director of Human Resources & Risk
Management Candis Martinson, Director of Community Development Jeff
Tate, Director of Innovation and Technology David Travis, Assistant
Director of Innovation and Technology Ashley Riggs, Director of
Administration Dana Hinman, Chief Equity Officer Brenda Goodson-
Moore, Financial Planning Manager Frank Downard, Utility Engineering
Manager Ryan Vondrak, Business Systems Analyst Chrissy Malave, and
Deputy City Clerk Hannah Scholl.
C.PUBLIC PARTICIPATION
1.Public Participation
The City Council Meeting was held in person and virtually.
Page 1 of 3Page 66 of 114
II.DISCUSSION IT EMS
A.2023-2024 Budget Review (Thomas)
Director Thomas provided Council with an overview of the 2023-
2024 Biennial Budget including Homelessness Funds, Internal
Service Funds, Proprietary Funds, Fiduciary Funds.
Director Hinman provided Council with an overview of Facilities
Funds.
Director Travis provided Council with an overview on the Internal
Funds for Innovation and Technology, a new request for a new full
time employee, and a one-time investment for video cameras at the
Auburn Golf Course.
Director Gaub provided Council with an overview of the Equipment
Rental and Replacement Fund including funding and four new budget
requests.
Director Gaub and Director Thomas provided Council with an
overview of the City's Enterprise Funds including Water, Sewer,
Storm, and King County Metro. They also discussed two new
program requests.
Mayor Backus recessed the meeting for 10 minutes at 6:25 p.m. The
meeting reconvened at 6:35 p.m.
Director Gaub provided Council with an overview of the Airport
Enterprise Fund including Aviation concerns, and a new program
request to increase operational costs in 2023 and 2024.
Director Faber provided Council with an overview of the Cemetery
Enterprise Fund including the history of the Cemetery and a request
for a new backhoe in 2023.
Director Thomas provided Council with an overview of the Solid
Waste Enterprise Fund including the contract for Garbage Collection
Services the City has with Waste Management.
Director Thomas provided Council with an overview of Fiduciary
Funds including South King Housing and Homeless Partners, Fire
Pension, and Cemetery Endowment funds.
Director Thomas reviewed the City’s proposed Budget including the
Cumulative Reserve Policy and the Governmental Capital funds.
Page 2 of 3Page 67 of 114
III.ADJOURNMENT
There being no further business to come before the Council, the meeting
was adjourned at 7:38 p.m.
APPROVED this 17th day of October, 2022.
____________________________ ____________________________
NANCY BACKUS, MAYOR Hannah Scholl, Deputy City Clerk
Agendas and minutes are available to the public at the City Clerk's Office, on the City website
(http://www.auburnwa.gov), and via e-mail. Complete agenda packets are available for review
at the City Clerk's Office.
Page 3 of 3Page 68 of 114
AGENDA BILL APPROVAL FORM
Agenda Subject:
Minutes of the October 3, 2022 City Council Meeting
Date:
October 12, 2022
Department:
City Council
Attachments:
10-03-2022 Minutes
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrative Recommendation:
Background for Motion:
Background Summary:
Reviewed by Council Committees:
Councilmember:Staff:
Meeting Date:October 17, 2022 Item Number:CA.B
Page 69 of 114
City Council Meeting
October 3, 2022 - 7:00 PM
City Hall Council Chambers
MINUTES
Watch the meeting LIVE!
Watch the meeting video
Meeting videos are not available until 72
hours after the meeting has concluded.
I.CALL TO ORDER
II.LAND ACKNOWLEDGMENT
We would like to acknowledge the Federally Recognized Muckleshoot Indian Tribe, the
ancestral keepers of the land we are gathered on today. We thank them for their
immense contributions to our state and local history, culture, economy, and identity as
Washingtonians.
III.PUBLIC PARTICIPATION
1.Public Participation
The meeting was held virtually and in-person.
A.Pledge of Allegiance
Mayor Nancy Backus called the meeting to order at 7:00 p.m. in the
Council Chambers of Auburn City Hall, 25 West Main Street, and led those
in attendance in the Pledge of Allegiance.
IV.Roll Call
Councilmembers present: Deputy Mayor James Jeyaraj, Bob Baggett,
Kate Baldwin, Larry Brown, Robyn Mulenga, Chris Stearns and Yolanda
Trout-Manuel.
Department directors and staff members present included: City Attorney
Kendra Comeau, Real Estate Manager Josh Arndt, Chief of Police Mark
Caillier, Director of Public Works Ingrid Gaub, Development Services
Manager Jason Krum, Director of Finance Jamie Thomas, Director of
Innovation and Technology David Travis, Business Systems
Analyst Jonathan Barbano, and City Clerk Shawn Campbell were in
Chambers.
V.AGENDA MODIFICATIONS
Mayor's Proclamation regarding Mental Illness Awareness
Week, Domestic Violence Awareness Month, and Indigenous Peoples’
Day were added to the agenda. Council received an updated version of
Page 1 of 6Page 70 of 114
Resolution No. 5685 prior to the meeting.
A.Mayor's Proclamation - Mental Illness Awareness Week
Mayor Backus read and proclaimed the Week of October 2nd as Mental
Illness Awareness Week. Robin Hinz from the South King County National
Alliance on Mental Illness accepted the proclamation and thanked the
Mayor and Council for their support.
B.Mayor Proclamation - Domestic Violence Awareness Month
Mayor Backus read and proclaimed the month of October 2022 as
Domestic Violence Awareness Month.
C.Mayor's Proclamation - Indigenous Peoples’ Day
Mayor Backus read and proclaimed October 10, 2022 as Indigenous
Peoples' Day in the City of Auburn. Councilmember Chris Stearns thanked
the Mayor for her support of Indigenous Peoples' Day.
VI.CITIZEN INPUT, PUBLIC HEARINGS AND CORRESPONDENCE
D.Audience Participation
This is the place on the agenda where the public is invited to speak to the City
Council on any issue.
1.The public can participate in-person or submit written
comments in advance.
Janet King provided written comments regarding homeless
encampments.
Virginia Haugan 2503 R Street SE, Auburn
Ms. Haugan spoke regarding Resolution No. 5685.
E.Correspondence
There was no correspondence for Council to review.
VII.COUNCIL AD HOC COMMITTEE REPORTS
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.Finance Ad Hoc Committee (Chair Baggett)
Councilmember Baggett, Chair of the Finance ad hoc committee,
reported he and Councilmember Baldwin have reviewed the claims
Page 2 of 6Page 71 of 114
and payroll vouchers described on the agenda this evening and
recommended their approval.
VIII.CONSENT AGENDA
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 September 19, 2022 Regular City Council
Meeting
B.Minutes of the September 26, 2022 Study Session Meeting
C.Claims Voucher (Thomas)
Claims voucher list dated October 3, 2022 which includes voucher numbers 469583
through 469731, in the amount of $5,238,691.74 and three wire transfers in the amount
of $744,088.81
D.Payroll Voucher (Thomas)
Payroll check numbers 539415 through 539420 in the amount of $627,008.35,
electronic deposit transmissions in the amount of $2,348,341.08 for a grand total of
$2,975,349.43 for the period covering September 15, 2022 to September 28, 2022
E.Setting the Date for Public Hearing for Sprint Communications
Company, L.P. Franchise Agreement
City Council to set the date for a Public Hearing for Franchise Agreement No. FRN21-
0003 for Sprint Communications Company, L.P. for a Telecommunications Franchise
F.Setting the Date for a Public Hearing for the 2023 Community
Development Block Grant Annual Action Plan
City Council to set the date for a Public Hearing for the City of Auburn’s Community
Development Block Grant 2022 Annual Action Plan
Deputy Mayor Jeyaraj moved and Councilmember Mulenga seconded to
approve the consent agenda.
MOTION CARRIED UNANIMOUSLY. 7-0
IX.UNFINISHED BUSINESS
There was no unfinished business.
X.NEW BUSINESS
There was no new business.
XI.ORDINANCES
A.Ordinance No. 6881 (Thomas)
An Ordinance adding a new section to Chapter 3.23 of the Auburn City Code (ACC)
Page 3 of 6Page 72 of 114
imposing a Transportation Benefit District (TBD) Sales and Use Tax authorized by
RCW 84.55 and RCW 36.73
Councilmember Brown moved and Councilmember Trout-Manuel
seconded to approve Ordinance No. 6881.
MOTION CARRIED UNANIMOUSLY. 7-0
B.Ordinance No. 6886 (Caillier/Comeau)
An Ordinance amending Section 9.24.020 of the Auburn City Code, and repealing
Section 9.24.030 of the Auburn City Code related to the designation and enforcement
of anti-drug emphasis areas in the City
Deputy Mayor Jeyaraj moved and Councilmember Mulenga seconded to
approve Ordinance No. 6886.
Councilmember Stearns moved and Councilmember Brown seconded to
amend Section No. 4 of Ordinance No. 6886 to include "the City shall
conduct an equity analysis of the impact of this ordinance".
The Council discussed if the amendment is for an analysis of future data or
to compile data from the past, and if there would be a one-time or ongoing
analysis.
MOTION TO AMEND CARRIED UNANIMOUSLY. 7-0
Council discussed the ordinance emphasizing the City's commitment to
safety in the community.
MOTION AS AMENDED CARRIED UNANIMOUSLY. 7-0
XII.RESOLUTIONS
A.Resolution No. 5680 (Gaub)
A Resolution approving a material change policy as it relates to the Auburn
Transportation Benefit District funded projects
Councilmember Brown moved and Councilmember Trout-Manuel
seconded to adopt Resolution No. 5680.
MOTION CARRIED UNANIMOUSLY. 7-0
B.Resolution No. 5681 (Comeau)
A Resolution amending the City of Auburn Fee Schedule to adjust for 2023 fees
Deputy Mayor Jeyaraj moved and Councilmember Baggett seconded to
adopt Resolution No. 5681.
MOTION CARRIED UNANIMOUSLY. 7-0
C.Resolution No. 5685 (Comeau)
Page 4 of 6Page 73 of 114
A Resolution approving and ratifying the Purchase and Sale Agreement between the
City of Auburn and Multicare for Real Property
Deputy Mayor Jeyaraj moved and Councilmember Mulenga seconded to
adopt Resolution No. 5685.
Council discussed the funding for the purchase, the budgeting process,
and the use of the property.
MOTION CARRIED UNANIMOUSLY. 7-0
D.Resolution No. 5686 (Hinman)
A Resolution adopting the 2023 State Legislative Agenda
Councilmember Stearns moved and Deputy Mayor Jeyaraj seconded to
adopt Resolution No. 5686.
MOTION CARRIED UNANIMOUSLY. 7-0
XIII.MAYOR AND COUNCILMEMBER REPORT 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
Deputy Mayor Jeyaraj reported he attended a session of the Civics
Academy and the Mexican Independence Day celebration.
Councilmember Baldwin reported she attended the Boeing Additive
Manufacturing event and a White River Valley Museum fundraiser.
Councilmember Mulenga reported she will be attending the Valley Regional
Fire Authority Budget Meetings over the next two weeks.
Councilmember Stearns reported he is a representative on the National
League of Cities (NLC) Indigenous Municipal Officials Organization, he
noted the group has lobbied to have full constituency rights with NLC which
has been granted.
Councilmember Trout-Manuel reported she met with the Auburn School
District regarding the "Handle with Care" program, and attended the
National League of Cities Hispanic Elected Local Officials (HELO) group
meeting.
B.From the Mayor
Mayor Backus reported she attended the National League of Cities Mayors
exchange; the Boeing Additive Manufacturing event; a meeting with King
County Executive Dow Constantine, Kent Mayor Ralph and Renton Mayor
Pavone to discuss behavioral health services; the Annual Employee
Luncheon; a meeting with April Putney and Kent Mayor Ralph to discuss
Page 5 of 6Page 74 of 114
homelessness intervention funding and met with Fred Meyer area
businesses regarding emphasis patrols.
XIV.ADJOURNMENT
There being no further business to come before the Council, the meeting
was adjourned at 7:49 p.m.
APPROVED this 17th day of October, 2022.
____________________________ ____________________________
NANCY BACKUS, MAYOR 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 6 of 6Page 75 of 114
AGENDA BILL APPROVAL FORM
Agenda Subject:
Claims Voucher (Thomas)
Date:
September 29, 2022
Department:
Finance
Attachments:
No Attachments Available
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrative Recommendation:
Approve Claim Vouchers.
Background for Motion:
Background Summary:
Claims voucher list dated October 17, 2022 which includes voucher numbers 469732 through
469902, in the amount of $4,504,369.72 and three wire transfers in the amount of
$707,295.53
Reviewed by Council Committees:
Councilmember:Staff:
Meeting Date:October 17, 2022 Item Number:CA.C
Page 76 of 114
AGENDA BILL APPROVAL FORM
Agenda Subject:
Payroll Voucher (Thomas)
Date:
September 29, 2022
Department:
Finance
Attachments:
No Attachments Available
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrative Recommendation:
Approve Payroll Vouchers.
Background for Motion:
Background Summary:
Payroll check numbers 539421 through 539428 in the amount of $73,958.22, electronic
deposit transmissions in the amount of $2,467,575.75 for a grand total of $2,541,533.97 for
the period covering September 29, 2022 to October 12, 2022
Reviewed by Council Committees:
Councilmember:Staff:
Meeting Date:October 17, 2022 Item Number:CA.D
Page 77 of 114
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 5683 (Comeau/Gaub)
Date:
October 12, 2022
Department:
Legal
Attachments:
Resolution No. 5683
S50 Airport Lease
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrative Recommendation:
Approve Resolution No. 5683.
Background for Motion:
City staff recommend the adoption of Resolution 5683, authorizing the Mayor to enter into a
lease agreement with S50 Hangers, LLC at the Auburn Municipal Airport.
Background Summary:
Through their parent company, FBO Partners, S50 Hangars, LLC operates varying lines of
businesses in the aeronautical industry, including: consulting, Fixed Base Operations (“FBO”)
diligence and valuations, and hangar development. Currently, FBO Partners is located on the
King County International Airport (“Boeing Field”), but intends to add a location at the Auburn
Airport after execution of the lease.
FBO/S50 Hangars will occupy commercial hangar space recently vacated by long-time
Airport tenant – Airtech Instruments.
Reviewed by Council Committees:
Councilmember:Stearns Staff:Comeau/Gaub
Meeting Date:October 17, 2022 Item Number:RES.A
Page 78 of 114
--------------------------------
Resolution No. 5683
9/13/2022
Page 1 of 2 Rev. 2020
RESOLUTION NO. 5683
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO ENTER INTO A LEASE AGREEMENT WITH S50 HANGARS, LLC AT THE AUBURN MUNICIPAL AIRPORT
WHEREAS, the Auburn Municipal Airport (the “Airport”) has commercial office and
hangar space available for lease to private aeronautical-related business; and
WHEREAS, S50 Hangars, LLC is a commercial business interested in leasing office and
hangar space on the Airport property for aeronautical business purposes; and
WHEREAS, the Airport, Airport customers and the public would benefit from having S50
Hangars, LLC located on the Airport.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, RESOLVES as follows:
Section 1. The Auburn City Council authorizes the Mayor to enter into a commercial
lease agreement with S50 Hangars, LLC in substantial conformity with the terms and conditions
of the lease agreement attached as “Exhibit A.”
Section 2. The Mayor is authorized to implement those administrative procedures
and/or execute minor amendments necessary to carry out the directives of this Resolution.
Page 79 of 114
--------------------------------
Resolution No. 5683
9/13/2022
Page 2 of 2 Rev. 2020
Section 3. This Resolution will take effect and be in full force on passage and
signatures.
Dated and Signed:
CITY OF AUBURN
____________________________
NANCY BACKUS, MAYOR ATTEST:
______________________________ Shawn Campbell, MMC, City Clerk
APPROVED AS TO FORM:
____________________________ Kendra Comeau, City Attorney
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AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 5684 (Backus)
Date:
September 29, 2022
Department:
Administration
Attachments:
Resolution No. 5684
Proclamation
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrative Recommendation:
City Council to adopt Resolution No. 5684.
Background for Motion:
This resolution ratifies the Mayor's rescission of Emergency Proclamation 2020-02, which
declared a state of emergency within the City of Auburn and authorized the use of emergency
powers granted under City Code and state law due to the COVID-19 outbreak consistent with
the State's orders and actions.
Background Summary:
On February 29, 2020, Governor Jay Inslee declared a state of emergency due to the Covid-
19 outbreak. Shortly thereafter, on March 6, 2020, the Mayor proclaimed a state of
emergency within the City of Auburn and authorized the use of emergency powers granted
under city code and state law, which proclamation was ratified by council per Resolution No.
5504.
During the state of emergency, the City passed several resolutions and ordinances mitigating
the impacts of the Covid-19 outbreak, including establishing a moratorium on residential
tenant late fees and commercial evictions; extending deadlines to apply for reduced utility
rates; waiving late fees and penalties related to utilities and the municipal airport; suspending
certain Auburn Valley Humane Society adoption requirements; and temporarily waiving ROW
use and permit applications process and fees for temporary restaurants.
In September 2022, Governor Inslee announced that effective October 31, 2022, all COVID-19
emergency proclamations, including the underlying state of emergency, would be rescinded. On
October 10, Mayor Backus rescinded Proclamation of Emergency 2020-02, also with an effective
date of October 31, 2022.
With the exception of the temporary fee waiver related to specified ROW use and permit
applications, all of the mitigation measures taken by the City either expired or were repealed
when appropriate. Per Ordinances 6778, 6791, and 6824, the waiver of temporary restaurant
ROW use and application fees will expire on November 30, 2022 (30 days after the effective
date of Governor Inslee's rescission of the state of emergency.)
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Reviewed by Council Committees:
Councilmember:Jeyaraj Staff:Backus
Meeting Date:October 17, 2022 Item Number:RES.B
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--------------------------------
Resolution No. 5684
September 29, 2022
Page 1 of 3 Rev. 2019
RESOLUTION NO. 5684
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, RATIFYING THE RESCISSION
OF EMERGENCY PROCLAMATION 2020-02 RELATED TO
COVID-19
WHEREAS, on February 29, 2020, Governor Jay Inslee declared a state of
emergency due to the COVID-19 outbreak; and
WHEREAS, on March 6, 2020, the Mayor proclaimed an emergency within the City
of Auburn and issued Emergency Proclamation 2020-02, authorizing the use of
emergency powers granted under Chapter 2.75 of the Auburn City Code and Chapter
38.52 of the Revised Code of Washington; and
WHEREAS, Emergency Proclamation 2020-02 was ratified by the Auburn City
Council on March 12, 2020, per Resolution No. 5504; and
WHEREAS, pursuant to Resolution No. 5504, the following legislative actions were
taken to ameliorate the effects of the COVID-19 pandemic:
2020-03, established a temporary 30-day moratorium on residential tenant late
fees, ratified via Resolution No. 5506, which has since expired.
2020-04, established a temporary 30-day moratorium on commercial evictions,
ratified via Resolution No. 5508, which has since expired.
Ordinance 6767, temporarily waived late fees and penalties related to utilities or
the municipal airport, extended and/or amended by Ordinance No. 6777,
Ordinance 6788, Ordinance No. 6802, and was repealed by Ordinance No. 6864.
Ordinance 6768, extended deadlines to renew or apply for reduced utility rates and
automatically expired on August 1, 2020.
Ordinance 6778, temporarily waived ROW use permit application process and fees
for temporary restaurants, which was extended by Ordinance No. 6791, and
Ordinance No. 6824, and is scheduled to automatically expire 30 days after
Governor Inslee rescinds the state of emergency related to COVID-19.
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--------------------------------
Resolution No. 5684
September 29, 2022
Page 2 of 3 Rev. 2019
Ordinance 6773, temporarily suspending Auburn City Code 6.01.110 requiring
spaying and neutering of impounded animals adopted from the Auburn Valley
Humane Society, set to automatically expire on the date the Governor rescinds the
Stay Home-Stay Healthy Order.
and;
WHEREAS, on September 8, 2022, Governor Jay Inslee announced the recission
of all COVID-19 emergency proclamations, including the underlying state of emergency
effective October 31, 2022; and
WHEREAS, effective October 31, 2022, the Mayor rescinds the Auburn
Proclamation of Emergency 2020-02; and
WHEREAS, it is appropriate to ratify the Rescission of Proclamation of Emergency
2020-02.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, RESOLVES as follows:
Section 1. The City Council ratifies the Recission of Emergency Proclamation
2020-02.
Section 2. All sections or subsections of the Auburn City Code authorizing or
requiring collection of ROW use permit fees for temporary restaurant uses will be
enforced beginning November 30, 2022 (30 days after recission of Governor Inslee’s
State of Emergency).
Section 3. The Mayor is authorized to implement those administrative
procedures necessary to carry out the directives of this legislation.
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--------------------------------
Resolution No. 5684
September 29, 2022
Page 3 of 3 Rev. 2019
Section 4. This Resolution will take effect and be in full force on passage and
signatures.
Dated and Signed:
CITY OF AUBURN
____________________________
NANCY BACKUS, MAYOR
ATTEST:
____________________________
Shawn Campbell, MMC, City Clerk
APPROVED AS TO FORM:
____________________________
Kendra Comeau, City Attorney
Page 113 of 114
MAYOR NANCY BACKUS
ACITY OF 25 WEST MAIN STREET,AUBURN,WA 98001
T T B T NT 253-931-3000
v v \j AUBURNWA.GOV
WASHINGTON
2022-01 RESCISSION OF
EMERGENCY PROCLAMATION 2020-02
WHEREAS, on February 29, 2020, Governor Jay Inslee declared a state of
emergency due to the COVID-19 outbreak; and
WHEREAS, on March 6, 2020, I proclaimed an emergency within the City of
Auburn and issued Emergency Proclamation 2020-02, authorizing the use of emergency
powers granted under Chapter 2.75 of the Auburn City Code and Chapter 38.52 of the
Revised Code of Washington consistent with the Governor's declaration; and
WHEREAS, Governor Inslee has ordered the recission of all COVID-19 related
emergency proclamations, including the underlying state of emergency, effective
October 31, 2022; and
WHEREAS, it is appropriate to rescind City of Auburn Emergency Proclamation
2020-02, effective October 31 , 2022, consistent with the State's actions.
NOW, THEREFORE, I, Nancy Backus, Mayor of the City of Auburn:
Section 1 . Rescind Emergency Proclamation issued on March 6, 2020,
effective October 31, 2022.
Dated and signed:`-- 7
CITY OF AUBURN
i _r •
ancy .ack . Mayor
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