HomeMy WebLinkAbout03-18-2024 Special AgendaSpecial City Council Meeting
March 18, 2024 - 6:00 P M
City Hall Council Chambers
A GE NDA
I .C AL L T O O RD E R
I I .L AND AC K NO WL E D G E M E NT
We would like to acknowledge the Federally Recognized Muckleshoot I ndian 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.
I I I .P UB L I C PART I C IPAT IO N
1.Public Participation
T he Auburn Special City Council Meeting scheduled for Monday March 18, 2024
at 6:00 p.m. will be held in person and virtually.
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 Z oom, please call the below number or click
the link:
Telephone: 253 205 0468
Toll Free: 888 475 4499
Z oom: https://us06web.zoom.us/j/82686733344
A .P ledge of Allegiance
I V.RO L L C AL L
V.ANNO UNC E M E NT S, M AY O R'S P RO C L AM AT IO NS, AND P RE S E NTAT I O NS
A .2024 Periodic Comprehensive Plan Update (Krum) (60
Minutes)
P resentation on a number of topics related to the 2024 P eriodic Comprehensive P lan
Update process, including land use scenario development, state and regional
requirements, middle housing, and the legislative process for P lan adoption in 2024
V I .C IT IZE N I NP UT, P UB L I C HE ARI NG S AND C O RRE S P O ND E NC E
A .Audience Participation
Page 1 of 55
This is the place on the agenda where the public is invited to speak to the City
Council on any issue. Those wishing to speak are reminded to sign in on the form
provided.
1.T he public can participate in-person or submit written
comments in advance.
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 A uburn
Attn: Shawn Campbell, City Clerk
25 W Main S t
Auburn, WA 98001
Please fax written comments to:
Attn: Shawn Campbell, City Clerk
F ax number: 253-804-3116
Email written comments to:
publiccomment@auburnwa.gov
I f 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
B .C O UNC I L AD HO C C O M M IT T E E RE P O RT S
1.F inance Ad Hoc Committee (Chair B aldwin)
V I I .C O NS E NT AG E ND A
All matters listed on the Consent Agenda are considered by the City Council to be
routine and will be enacted by one motion in the form listed.
A .Minutes of the February 29, and March 4, 2024, Special City
Council Meetings
B .Minutes of the March 4, 2024, Regular City Council Meeting
C.S etting date for Public Hearing for Ziply Fiber P acific, L L C
Franchise A greement
City Council to set date for Public Hearing for Franchise A greement No. F R N23-0003
for Ziply Fiber P acific, L L C
Page 2 of 55
D.Claims Vouchers (Thomas)
Claims voucher list dated March 13, 2024 which includes voucher number 475216
through 475362, in the amount of $7,443,268.50, four electronic fund transfers in the
amount of $330.06, and three wire transfers in the amount of $953,131.54
E .P ayroll Voucher (T homas)
P ayroll check numbers 539572 through 539576 in the amount of $81,199.43,
electronic deposit transmissions in the amount of $2,745,158.17 for a grand total of
$2,826,357.60 for the period covering F ebruary 29, 2024 to March 13, 2024
(RE C O M M E ND E D AC T I O N: M ove to approve the Consent Agenda.)
V I I I .O RD INANC E S
A .Ordinance No. 6938 (Hay)
A n Ordinance amending Chapter 9.50 of the A uburn City Code to create a
transparency requirement for tents and shelters located on non-park City owned land
and providing for severability and an effective date
(RE C O M M E ND E D AC T I O N: M ove to approve Ordinance No. 6938.)
I X.RE S O L UT IO NS
A .Resolution No. 5760 (Thomas)
A Resolution authorizing the Mayor to execute the second amendment to the
agreement between the City and Foster Garvey P C for legal services
(RE C O M M E ND E D AC T I O N: M ove to adopt Resolution No. 5760.)
B .Resolution No. 5761 (Caillier)
A Resolution accepting a Federal I nternet Crimes Against Children Task F orce
(I C A C) Grant to the Auburn Police Department
(RE C O M M E ND E D AC T I O N: M ove to adopt Resolution No. 5761.)
X .M AY O R AND C O UNC I L M E M B E R RE P O RT S
At this time the Mayor and City Council may report on significant items associated with
their appointed positions on federal, state, regional and local organizations.
A .From the Council
B .From the M ayor
X I .AD J O URNM E NT
Agendas and minutes are available to the public at the City Clerk's Office, on the City website
(http://www.auburnwa.gov), and via e-mail. Complete agenda packets are available for review
at the City Clerk's Office.
Page 3 of 55
AGENDA BILL APPROVAL FORM
Agenda Subject:
2024 Periodic Comprehensive Plan Update (Krum) (60
Minutes)
Date:
March 12, 2024
Department:
Planning and Development
Attachments:
2024 Comp Plan Update Presentation
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
Background for Motion:
Background Summary:
Each City and County in Washington State is required to conduct a periodic update of
its comprehensive plan and development regulations per RCW 36.70A.130 (The
Growth Management Act or GMA). In general, the purpose is to ensure consistency
with the Puget Sound Regional Council Vision 2050, the Countywide Planning Policies
(for Auburn this means both Pierce and King County), any changes in state laws over
the intervening time, and to respond to changing conditions within the local community.
Under the GMA, all King County Cities, including Auburn are on an 10-year update
cycle, with the next comprehensive plan due to be adopted by December 2024.
The GMA also defines the “Elements” that make up a Comprehensive Plan. Elements
are similar to chapters. Mandatory elements include Land Use, Housing, Capital
Facilities, Transportation, Economic Development, Parks & Recreation, and Private
Utilities. Each of these elements is required to be fully updated during the 8-year
update process. However, other departments will be serving in a lead role for the
specific elements that they oversee (e.g. Parks to oversee Park & Recreation element,
Public Works to oversee Transportation element).
Land Use Scenario Development
As part of the Land Use Element update, staff are reviewing the adopted
Comprehensive Plan Land Use map and the implementing Zoning map. The intent of
this review is to propose changes to existing land use and zoning in order to
accommodate the required 12,000 new housing units and 19,200 new jobs by 2044.
To satisfy these requirements, density changes are necessary at locations throughout
the city. City staff, with the assistance of a consultant team, have developed two
conceptual land use scenarios and one Draft Preliminary Preferred Alternative
scenario which serve as the framework for where and how growth is allocated. The
draft preliminary preferred scenarios are being used to develop proposed land use
Page 4 of 55
and zoning map revisions and to also assign future household and employment growth
for use in modelling efforts by City staff in multiple departments. A further refined Draft
Final Preferred Alternative expected in December 2023 for incorporation into the Land
Use Element. Staff will be describing these scenarios and the process to further
develop them for incorporation into the Comprehensive Plan.
State and Regional Requirements
Further considerations for the development and update of the comprehensive plan
include potential state and regional requirements for the inclusion, and analysis of,
housing affordability and adequate land provisions, racially disparate impacts, middle
housing implementation, and parking requirements. These topics were either adopted
by the Washington State Legislature in 2023 or are being developed by the
Department of Commerce or PSRC. Requirements will need to be incorporated into
the comprehensive plan, zoning designations, and development regulations. Key
legislative bills that are influencing the periodic comprehensive plan:
HB 1337 – ADU bill with new development requirements
HB 1110 – Middle Housing bill
HB 1181 – Climate Element requirement
Middle Housing
Staff will present options under consideration for satisfying the requirements of HB
1110 Middle Housing bill (referenced above). The City is required to allow for middle
housing options in all residential zones, including 4 units per lot in Citywide and 6 units
per lot near major transit stops or if two of the units are classified as affordable. This
bill also addresses parking requirements for middle housing development Citywide
and near major transit stops.
Periodic Comprehensive Plan Legislative Schedule
Draft 2024 Periodic Comprehensive Plan Elements are scheduled to be complete in early
2024, and a process to present draft Elements to Planning Commission for feedback, public
comment, and recommendation is expected to occur in Q2/Q3 2024. Staff will present the
project schedule through 2024 which includes Planning Commission’s recommended
legislative timeline and Staff’s recommended City Council coordination timeline in Q3/Q4
2024.
Rev iewed by Council Committees:
Councilmember:Tracy Taylor Staff:Jason Krum
Meeting Date:March 18, 2024 Item Number:AN.1
Page 5 of 55
A U B U R N
V A L U E S
S E R V I C E
E N V I R O N M E N T
E C O N O M Y
C H A R A C T E R
S U S TA I N A B I L I T Y
W E L L N E S S
C E L E B R A T I O N
CITY DEPARTMENTS
2024 COMPREHENSIVE
PLAN FRAMEW ORK AND
UPDAT ES
JEFF TAT E, COMMUNITY DEVELO PMENT
SPECIAL CITY COUNCIL MEETING
MARCH 18, 2024
Department of Community Development
Planning ⚫Building ⚫Development Engineering ⚫Permit Center
Economic Development ⚫Code Enforcement
Page 6 of 55
The Comprehensive Plan must be
consistent with:
The Growth Management Act (GMA)
Puget Sound Regional Council (PSRC) Vision
2050
Countywide Planning Policies (CPP) (King &
Pierce)
Urban Growth Capacity Report (King &
Pierce)
Changes in state laws over the intervening
time (Commerce/GMA)
Respond to changing conditions within the
local community.
2024 PERIODIC COMPREHENSIVE PLAN FRAMEWORK
AND UPDATE
Purpose and Scope of Comprehensive Plan & Amendments
Source: King County GMPC
SERVICE ⚫ ENVIRONMENT ⚫ ECONOMY ⚫ CHARACTER ⚫ SUSTAINABILITY ⚫ WELLNESS ⚫ CELEBRATIONPage 7 of 55
2024 PERIODIC COMPREHENSIVE PLAN FRAMEWORK
AND UPDATE
Purpose and Scope of Comprehensive Plan & Amendments
GMA Enacted in 1990
15 goals
Mandatory chapters
Growth boundaries
Critical areas
County obligations
SERVICE ⚫ ENVIRONMENT ⚫ ECONOMY ⚫ CHARACTER ⚫ SUSTAINABILITY ⚫ WELLNESS ⚫ CELEBRATIONPage 8 of 55
2024 PERIODIC COMPREHENSIVE PLAN FRAMEWORK
AND UPDATE
Purpose and Scope of Comprehensive Plan & Amendments
PSCR Vision 2050
Regional Growth Plan
King, Pierce, Snohomish, Kitsap
Regional Planning Subjects:
Transportation
Environment and Climate
Economy
Housing
SERVICE ⚫ ENVIRONMENT ⚫ ECONOMY ⚫ CHARACTER ⚫ SUSTAINABILITY ⚫ WELLNESS ⚫ CELEBRATIONPage 9 of 55
2024 PERIODIC COMPREHENSIVE PLAN FRAMEWORK
AND UPDATE
Purpose and Scope of Comprehensive Plan & Amendments
Countywide Planning Policies
Guidance for the comprehensive plans
Urban growth area boundary and criteria for
revising growth boundary
Housing unit and employment growth
targets (2019 -2044)
Policies for issues of countywide nature
Covers Environment, Development Patterns,
Transportation, Economy, Public Facilities
Updated to align with Vision 2050 and
Regional Centers Framework, GMA changes,
and Urban Growth Capacity Study (Buildable
Lands Report)
KC CPP Identifies 2019 -2044 housing
targets (12,000 net new residential units,
19,520 net new jobs)
PC CPP (draft, 2022) identifies 2020 -2044
housing targets (96 net new residential
units, and 0 net new jobs)
SERVICE ⚫ ENVIRONMENT ⚫ ECONOMY ⚫ CHARACTER ⚫ SUSTAINABILITY ⚫ WELLNESS ⚫ CELEBRATIONPage 10 of 55
2024 PERIODIC COMPREHENSIVE PLAN FRAMEWORK
AND UPDATE
Scope of Comprehensive Plan
Auburn Comprehensive Plan Elements
Core Plan (Community Development)
Land Use (Community Development)
Housing (Community Development)
Historic Preservation (Community Development)
Climate Change – NEW (Community Development)
Economic Development (Community Development)
Capital Facilities (Community Development)
Transportation (Public Works)
Utilities (Public Works)
Parks and Recreation (Parks)
Multi -department coordination effort (CD,
PW, Parks)
Coordinated with Auburn Downtown Plan and
HAPI
SERVICE ⚫ ENVIRONMENT ⚫ ECONOMY ⚫ CHARACTER ⚫ SUSTAINABILITY ⚫ WELLNESS ⚫ CELEBRATIONPage 11 of 55
2024 PERIODIC COMPREHENSIVE PLAN FRAMEWORK
AND UPDATE
Anticipated Scope of Land Use Changes
Land Use is a Centerpiece to the
Comprehensive Plan around which to
coordinate and pla n
Location and boundaries for each
land use designation and associated
written policies
Updates to implementing zoning
districts
Provides capacity for
accommodating 2044 household and
employment targets
Transportation and Utility Systems
must support land use assumptions
Parks and facilities must grow and
support future population
SERVICE ⚫ ENVIRONMENT ⚫ ECONOMY ⚫ CHARACTER ⚫ SUSTAINABILITY ⚫ WELLNESS ⚫ CELEBRATIONPage 12 of 55
2024 PERIODIC COMPREHENSIVE PLAN FRAMEWORK
AND UPDATE
Anticipated Scope of Land Use Changes
Anticipated Policy and Framework
Updates for 2024
▪Middle Housing accommodations
and findings from Housing Action
Plan Implementation Project +
▪2023 State legislation
▪Housing units and new jobs are
targets that we are held
accountable to
▪Small centers built around robust
public transit service
▪Downtown land use updates per
Auburn Downtown Plan Update
SERVICE ⚫ ENVIRONMENT ⚫ ECONOMY ⚫ CHARACTER ⚫ SUSTAINABILITY ⚫ WELLNESS ⚫ CELEBRATIONPage 13 of 55
2024 PERIODIC COMPREHENSIVE PLAN FRAMEWORK
AND UPDATE
Collaboration with Departments over 5
Workshops
Combination of Neighborhood and
Commercial Mixed -Use Centers and
Corridors, and Commercial and
Industrial Centers and Corridors
Alignment with future transit service
and relationship to downtown
Serves as a blueprint for where growth
can occur in land use and zoning
maps, model
SERVICE ⚫ ENVIRONMENT ⚫ ECONOMY ⚫ CHARACTER ⚫ SUSTAINABILITY ⚫ WELLNESS ⚫ CELEBRATION
Draft Preliminary Preferred Alternative
Where should 12,000 new
housing units and 19,200 new
jobs go?
Page 14 of 55
2024 PERIODIC COMPREHENSIVE PLAN FRAMEWORK
AND UPDATE
Anticipated Scope of Middle Housing Changes
Housing Action Plan Implementation
Project Findings
Housing Affordability Analysis and
Capacity
Updates to comply HB 1110
Requires middle housing in all
residential zones except R1.
Four units per lot
Six units per lot within ¼ mile of
major transit stop or with
affordability requirement of two
units
Must allow six of nine types of
middle housing
Unit Lot Sub -Division
Ownership of land under a single unit
SERVICE ⚫ ENVIRONMENT ⚫ ECONOMY ⚫ CHARACTER ⚫ SUSTAINABILITY ⚫ WELLNESS ⚫ CELEBRATIONPage 15 of 55
SERVICE ⚫ ENVIRONMENT ⚫ ECONOMY ⚫ CHARACTER ⚫ SUSTAINABILITY ⚫ WELLNESS ⚫ CELEBRATION
2024 PERIODIC COMPREHENSIVE PLAN FRAMEWORK
AND UPDATE
Properties with Middle
Housing Opportunity
Page 16 of 55
SERVICE ⚫ ENVIRONMENT ⚫ ECONOMY ⚫ CHARACTER ⚫ SUSTAINABILITY ⚫ WELLNESS ⚫ CELEBRATION
2024 PERIODIC COMPREHENSIVE PLAN FRAMEWORK
AND UPDATE
Climate Element
New Element for Auburn Comprehensive Plan
HB 1181 establishes requirements for Climate Element
▪Includes Comprehensive Plan goals for reducing greenhouse gas emissions and per
capita vehicle miles traveled, resiliency to climate impacts, environmental protection,
and environmental justice.
▪Requires a Greenhouse Gas Emissions Reduction Sub -Element and a Climate Change and
Resiliency Element to address adverse impacts of climate change and include efforts to
reduce localized greenhouse gas emissions.
Auburn is not required to adopt a Climate Element until 2034
Climate Element in 2024 Periodic Comprehensive Plan incorporates findings from
Climate Element Comprehensive Plan Framework prepared by Cascadia Consulting
as part of Comprehensive Plan project. Includes proposes goals, policies, and
strategies to comply with HB 1181
Page 17 of 55
SERVICE ⚫ ENVIRONMENT ⚫ ECONOMY ⚫ CHARACTER ⚫ SUSTAINABILITY ⚫ WELLNESS ⚫ CELEBRATION
2024 PERIODIC COMPREHENSIVE PLAN FRAMEWORK
AND UPDATE
Overview of Process
Inter -Department Effort to Develop Future Land Use Draft Preliminary Preferred
Alternative (5 public workshops)
Consultant develops land use forecasts using Draft Preliminary Preferred
Alternative map and Staff feedback, being modeled by transportation, water
services, others.
Draft Environmental Impact Study (DEIS) –Scoping Notice issued in October, Public
Meeting in Early December
Concurrent development of Land Use and Zoning map updates
Required documentation (Racially Disparate Impacts, Anti -Displacement Analysis,
Housing Affordability Analysis) based on final land use
Revise land use scenario (HH and EMP, Zoning, Land Use) based on modelling
results
Technical work done by Winter 2023, Element updates shortly after
Final Draft Land Use Maps prepared in January
Planning Commission Legislative Process starts on April 2, 2024
Presentation to Council beginning in Q3; final adoption goal of December 2, 2024
Page 18 of 55
SERVICE ⚫ ENVIRONMENT ⚫ ECONOMY ⚫ CHARACTER ⚫ SUSTAINABILITY ⚫ WELLNESS ⚫ CELEBRATION
2024 PERIODIC COMPREHENSIVE PLAN FRAMEWORK
AND UPDATE
Page 19 of 55
AGENDA BILL APPROVAL FORM
Agenda Subject:
Minutes of the February 29, and March 4, 2024, Special City
Council Meetings
Date:
March 11, 2024
Department:
City Council
Attachments:
02-29-2024 Special City Council Minutes
03-04-2024 Special City Council Minutes
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
Background for Motion:
Background Summary:
Rev iewed by Council Committees:
Councilmember:Staff:
Meeting Date:March 18, 2024 Item Number:CA.A
Page 20 of 55
Special City Council Meeting
February 29, 2024 - 5:00 P M
Muckleshoot Casino Resort - Plateau &
Prairie Conv ention Room, 2402 Auburn
W ay South Auburn, W A 98002
MINUT E S
I .C AL L T O O RD E R
Mayor Nancy Backus called the meeting to order at 6:02 p.m. at the
Muckleshoot Casino Resort, 2402 Auburn Way S outh, Auburn, WA 98002.
I I .L AND AC K NO WL E D G E M E NT
I I I .P UB L I C PART I C IPAT IO N
1.Public Participation
The Special City Council Meeting was held in person and virtually.
I V.D IS C US S I O N IT E M S
A .Mayor Backus' State of the City Address
Mayor Backus provided her S tate of the City A ddress and thanked the City
Council, J unior City Council, City staff, Auburn's public schools, Valley
Regional F ire Authority, other elected officials, family, and friends for their
service to the community. S he also discussed the City's growth, including
population, the Downtown Plan, local businesses, and the Bridges
Neighborhood; she discussed safety, including P olice Department hiring,
the Officer Wellness Program, crime and arrest statistics, and the Anti-
Homelessness Department; and shared elements of the City's vibrancy,
including new playgrounds and recent additions to Auburn parks, the
A uburn Golf Course, Mountainview Cemetery, City recreation programs
and events, the Postmark Center for the A rts, the "Muckleshoot: Alive and
S trong" art exhibit, and a video on the P arks, A rts, and Recreation
Department staff and events. She also included an overview of the Auburn
S chool District and Green River Community College, foundation elements
including community improvements, equity elements including the I nclusive
A uburn initiative and obtaining an official "Welcoming City" certification, and
community elements including the City's internship program, J uneteenth,
the Emergency Management Department and their Community E mergency
Response Team (C E RT) training program, the A uburn Magazine, and the
J unior A chievement B izTown program.
Page 1 of 2Page 21 of 55
V.AD J O URNM E NT
There being no further business to come before the Council, the
meeting was adjourned at 7:21 p.m.
A P P R O V E D this 18th day of March, 2024.
____________________________ ____________________________
NA NC Y B A C K US, MAYO R Rebecca Wood-P ollock,
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 2 of 2Page 22 of 55
Special City Council Meeting
March 4, 2024 - 6:00 P M
City Hall Council Chambers
MINUT E S
I .C AL L T O O RD E R
Mayor Nancy Backus called the meeting to order at 6:00 p.m. in the
Council Chambers of A uburn City Hall, 25 West Main S treet.
I I .L AND AC K NO WL E D G E M E NT
I I I .P UB L I C PART I C IPAT IO N
1.Public Participation
The City Council Meeting was held in person and virtually.
A .P ledge of Allegiance
Mayor Backus led those in attendance in the Pledge of Allegiance.
I V.RO L L C AL L
Councilmembers present: Deputy Mayor L arry Brown, Hanan Amer, Cheryl
Rakes, Clinton Taylor, Tracy Taylor, and Yolonda Trout-Manuel.
Councilmember K ate Baldwin was excused.
Mayor Nancy Backus and the following staff members present included:
A cting City A ttorney Harry B oesche, Chief of P olice Mark Caillier, Director
of Administration Dana Hinman, A ssistant Director of Community
Development J ason K rum, B usiness S ystems Analyst Chrissy Malave,
Real Estate Manager J osh A rndt, Deputy City Clerk Rebecca Wood-
P ollock, and City Clerk Shawn Campbell.
V.D IS C US S I O N IT E M S
A .Department Overview - Administration (Hinman) (30 Minutes)
Director Hinman provided Council with a presentation on the Administration
Department including the organizational chart, an overview of the
Multimedia and Communications, Facilities, and Emergency Management
divisions, and other responsibilities.
Page 1 of 2Page 23 of 55
B .Department Overview - L egal (Boesche) (30 Minutes)
A cting City A ttorney B oesche provided Council with a presentation on the
L egal Department including an overview of the Civil, City Clerk, Real
E state, and Prosecution divisions, personnel, statistics, downtown
beautification and other special projects, Code E nforcement and other civil
infractions, domestic violence-related cases and resources, and an
overview of A uburn Community Court.
Council discussed downtown wrapped utility box artwork and involvement
of the A rts Commission, pet relief areas, tree lighting, K ing County
domestic violence advocate resources, recidivism rates in Community
Court, the U-Visa certification process, public records requests, and body
camera footage redactions.
V I .AD J O URNM E NT
There being no further business to come before the Council, the
meeting was adjourned at 6:39 p.m.
A P P R O V E D this 18th day of March, 2024.
____________________________ ____________________________
NA NC Y B A C K US, MAYO R Rebecca Wood-Pollock,
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 2 of 2Page 24 of 55
AGENDA BILL APPROVAL FORM
Agenda Subject:
Minutes of the March 4, 2024, Regular City Council Meeting
Date:
March 11, 2024
Department:
City Council
Attachments:
03-04-2024 Regular City Council Minutes
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
Background for Motion:
Background Summary:
Rev iewed by Council Committees:
Councilmember:Staff:
Meeting Date:March 18, 2024 Item Number:CA.B
Page 25 of 55
City Council Meeting
March 4, 2024 - 7:00 P M
City Hall Council Chambers
MINUT E S
Watch the meeting L I V E !
Watch the meeting video
Meeting videos are not available until 72
hours after the meeting has concluded.
I .C AL L T O O RD E R
Mayor Backus called the meeting to order at 7:00 p.m. in the Council
Chambers of Auburn City Hall, 25 West Main Street.
I I .L AND AC K NO WL E D G M E NT
I I I .P UB L I C PART I C IPAT IO N
1.Public Participation
The City Council Meeting was held in person and virtually.
A .P ledge of Allegiance
Mayor Backus led those in attendance in the Pledge of Allegiance.
I V.Roll Call
Councilmembers present: Deputy Mayor L arry Brown, Hanan Amer, Cheryl
Rakes, Clinton Taylor, Tracy Taylor, and Yolonda Trout-Manuel.
Councilmember K ate Baldwin was excused.
Mayor Nancy Backus and the following staff members present included:
A cting City A ttorney Harry B oesche, Chief of P olice Mark Caillier,
A ssistant Director of Community Development J ason Krum, Business
S ystems Analyst Chrissy Malave, Deputy City Clerk Rebecca Wood-
P ollock, and City Clerk Shawn Campbell.
V.AP P O I NT M E NT S
A .S alary Commission
City Council to approve the appointment of L isa Stirgus and Trevon Cooper to the
S alary Commission for a four year term expiring August 31, 2027
Councilmember T. Taylor moved and Councilmember C. Taylor seconded
to approve the appointment of L isa S tirgus and Trevon Cooper to the
A uburn S alary Commission for a four year term expiring August 31, 2027.
MO T I O N C A R R I E D UNA NI MO US LY. 6-0
Page 1 of 4Page 26 of 55
V I .ANNO UNC E M E NT S, M AY O R'S P RO C L AM AT IO NS, AND P RE S E NTAT I O NS
There were no announcements, Mayor's proclamations, or presentations.
V I I .AG E ND A M O D I F IC AT I O NS
Resolution No. 5759 was added to the agenda.
V I I I .C IT IZE N I NP UT, P UB L I C HE ARI NG S AND C O RRE S P O ND E NC E
A .Audience Participation
This is the place on the agenda where the public is invited to speak to the City
Council on any issue.
1.T he public can participate in-person or submit written
comments in advance.
Virginia Haugen, A uburn
They expressed their support for utility box wraps and thanked
Council for supporting the Arts Commission's involvement in that
process.
B .Correspondence
There was no correspondence for Council to review.
I X.C O UNC I L AD HO C C O M M IT T E E RE P O RT S
Council Ad Hoc Committee Chairs may report on the status of their ad hoc Council
Committees' progress on assigned tasks and may give their recommendation to the
City Council, if any.
1.F inance Ad Hoc Committee (Chair B aldwin)
Councilmember Amer reported she and Councilmember B aldwin,
Chair of the F inance Ad Hoc Committee, reviewed the claims and
payroll vouchers described on the agenda this evening and
recommended their approval.
X .C O NS E NT AG E ND A
All matters listed on the Consent Agenda are considered by the City Council to be
routine and will be enacted by one motion in the form listed.
A .Minutes of the February 12, and F ebruary 26, 2024 Study
S ession Meetings
B .Minutes of the February 20, 2024, Special and Regular City
Council Meetings
C.Claims Vouchers (Thomas)
Page 2 of 4Page 27 of 55
Claims voucher list dated F ebruary 28, 2024 which includes voucher number 475097
through 475215, in the amount of $1,282,177.79, two electronic fund transfers in the
amount of $3,061.28, and five wire transfers in the amount of $1,542,391.45
D.P ayroll Voucher (T homas)
P ayroll check numbers 539569 through 539571 in the amount of $628,897.86,
electronic deposit transmissions in the amount of $2,603,187.53, for a grand total of
$3,232,085.39 for the period covering F ebruary 15, 2024 to February 28, 2024
Deputy Mayor Brown moved and Councilmember Trout-Manuel seconded
to approve the consent agenda.
MO T I O N C A R R I E D UNA NI MO US LY. 6-0
X I .UNF INIS HE D B US I NE S S
There was no unfinished business.
X I I .NE W B US I NE S S
There was no new business.
X I I I .RE S O L UT IO NS
A .Resolution No. 5753 (K rum)
A Resolution to authorize the A llocation of $137,595.00 from the City of A uburn’s
Contribution to the S K HHP Housing Capital Fund to Finance A ffordable Housing in
S outh King County Communities in Concurrence with the S K HHP Executive Board’s
Recommendation
Councilmember Trout-Manuel moved and Councilmember C. Taylor
seconded to adopt Resolution No. 5753.
MO T I O N C A R R I E D UNA NI MO US LY. 6-0
B .Resolution No. 5759 (B oesche)
A Resolution authorizing the Mayor to enter a contract with Great Floors for floor
patching and refinishing work at the A uburn Community Center Gym
Councilmember T. Taylor moved and Councilmember Amer seconded to
adopt Resolution No. 5759.
MO T I O N C A R R I E D UNA NI MO US LY. 6-0
X I V.M AY O R AND C O UNC I L M E M B E R RE P O RT S
At this time the Mayor and City Council may report on significant items associated with
their appointed positions on federal, state, regional and local organizations.
A .From the Council
Deputy Mayor Brown reported he attended the Puget Sound Regional
Page 3 of 4Page 28 of 55
Council training.
Councilmember Amer reported she attended the P uget S ound Regional
Council training.
Councilmember Rakes reported she attended the State of the City
A ddress and the Good Eggs B reakfast.
Councilmember C. Taylor reported he attended the S tate of the City
A ddress and the Good Eggs B reakfast.
Councilmember T. Taylor reported she attended the Asia P acific Cultural
Center 26th A nnual Pacific New Year Celebration, the A uburn Valley
Humane S ociety F oundation Board of Directors meeting, and the S tate of
the City A ddress.
Councilmember Trout-Manuel reported she toured the City of Renton
Water Treatment Center.
B .From the M ayor
Mayor Backus reported her involvement with the A ssociated Washington
Cities (AW C) Committee S cholarship Program and will attend the AW C
Conference in J une, she attended the AW C Mayor's E xchange, the Crisis
Care Centers, swore in two new officers, attended the Good Eggs
B reakfast, the S tate of the City A ddress, Soroptimist Crab Fest, and the
Diaper March at Cafe P acific.
X V.AD J O URNM E NT
There being no further business to come before the Council, the
meeting was adjourned at 7:22 p.m.
A P P R O V E D this 18th day of March, 2024.
____________________________ __________________________
NA NC Y B A C K US, MAYO R Rebecca Wood-Pollock,
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 4 of 4Page 29 of 55
AGENDA BILL APPROVAL FORM
Agenda Subject:
Setting date for Public Hearing for Ziply Fiber Pacific, LLC
Franchise Agreement
Date:
February 23, 2024
Department:
Public Works
Attachments:
No Attachments Av ailable
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
City Council to set the date of the Public Hearing for Franchise Agreement No. FRN23-0003
for Ziply Fiber Pacific, LLC doing business as Ziply Fiber for a Wireline Telecommunications
Franchise for April 1, 2024 at 7:00 PM.
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. Staff requests that the City Council set the date
of the public hearing for Franchise Agreement No. FRN23-0003 for Ziply Fiber Pacific, LLC
doing business as Ziply Fiber for a Wireline Telecommunications Franchise for April 1, 2024
at 7:00 pm.
Section 20.02.040 of the Auburn City Code requires a franchise for any utility or
telecommunications carrier or operator to use public ways of the City and to provide service
to persons or areas inside or outside of the City.
Ziply Fiber Pacific, LLC has applied for a franchise agreement to install fiber optic cable and
electronic infrastructure in the public ways within the city limits. Ziply intends to provide
business and residential data and telecommunications services to customers located inside
the City limits.
Rev iewed by Council Committees:
Councilmember:Tracy Taylor Staff:Ingrid Gaub
Meeting Date:March 18, 2024 Item Number:CA.C
Page 30 of 55
Page 31 of 55
AGENDA BILL APPROVAL FORM
Agenda Subject:
Claims Vouchers (Thomas)
Date:
January 31, 2024
Department:
Finance
Attachments:
No Attachments Av ailable
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
Approve Claim Vouchers.
Background for Motion:
Background Summary:
Claims voucher list dated March 13, 2024 which includes voucher number 475216 through
475362, in the amount of $7,443,268.50, four electronic fund transfers in the amount of
$330.06, and three wire transfers in the amount of $953,131.54.
Rev iewed by Council Committees:
Councilmember:Kate Baldwin Staff:Jamie Thomas
Meeting Date:March 18, 2024 Item Number:CA.D
Page 32 of 55
AGENDA BILL APPROVAL FORM
Agenda Subject:
Payroll Voucher (Thomas)
Date:
January 31, 2024
Department:
Finance
Attachments:
No Attachments Av ailable
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
Approve Payroll Vouchers.
Background for Motion:
Background Summary:
Payroll check numbers 539572 through 539576 in the amount of $81,199.43, electronic
deposit transmissions in the amount of $2,745,158.17 for a grand total of $2,826,357.60 for
the period covering February 29, 2024 to March 13, 2024.
Rev iewed by Council Committees:
Councilmember:Kate Baldwin Staff:Jamie Thomas
Meeting Date:March 18, 2024 Item Number:CA.E
Page 33 of 55
AGENDA BILL APPROVAL FORM
Agenda Subject:
Ordinance No. 6938 (Hay)
Date:
March 11, 2024
Department:
Anti-Homelessness
Attachments:
Ordinance No. 6938
Exhibit A
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
City Council to approve Ordinance No. 6938.
Background for Motion:
Ordinance No. 6938 establishes a definition of a tent that incorporates a transparency
concept that is already established in Chapter 2.22 of the City Code. The purpose of the
transparency requirement is to ensure that outreach workers who are seeking to assist
individuals experiencing homelessness are capable of helping individuals who have
overdosed are otherwise incapable of helping themselves while in the midst of a traumatic
experience.
Background Summary:
Chapter 9.50 of the Auburn City Code establishes rules and restrictions related to loitering on
publicly owned property. Chapter 2.22 of the Auburn City Code establishes the rules and
restrictions related to uses and activities within city owned parks. ACC 2.22.210 provides a
standard and definition for tents and shelters that are located within City parks. Ordinance No.
6938 amends Chapter 9.50 such that tents and shelters located on non-park City owned
properties are subject to the same definition and standard as those located within parks.
ACC 2.22.210 states the following:
“No person shall erect, maintain, use or occupy a tent or shelter in any City of Auburn Park
unless there is an unobstructed view through such tent or shelter from at least two sides.”
On multiple occasions homelessness outreach workers have been unable to assist
individuals who have overdosed or are otherwise incapacitated because the outreach worker
is unable to observe the condition of a person who is living in a tent or shelter. This recurring
scenario has eliminated the ability to provide Narcan or other assistance which has then
resulted in the person dying. The purpose of this amendment is to allow workers to save
people’s lives rather than learn or their peril as a result of smelling the decay of a body.
Ordinance No. 6938 was presented to the Council on 02/26/2024. Council authorized
Ordinance to move forward for action.
Rev iewed by Council Committees:
Page 34 of 55
Councilmember:Yolanda Trout-Manuel Staff:Kent Hay
Meeting Date:March 18, 2024 Item Number:ORD.A
Page 35 of 55
- - - - - - - - - - - - - - - - - -
Ordinance No. 6938
February 20, 2024
Page 3
ORDINANCE NO. 6938
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AMENDING CHAPTER 9.50 OF
THE AUBURN CITY CODE TO CREATE A
TRANSPARENCY REQUIREMENT FOR TENTS AND
SHELTERS LOCATED ON NON-PARK CITY OWNED
LAND, AND PROVIDING FOR SEVERABILITY AND AN
EFFECTIVE DATE
WHEREAS, the City of Auburn has established camping allowances, restrictions
and requirements in Chapter 2.22 for park lands and in Chapter 9.50 for city owned non-
park lands; and
WHEREAS, Chapter 2.22 already requires that tents and shelters provide for
transparency on at least two sides; and
WHEREAS, Chapter 9.50 does not establish any transparency requirements for
tents and shelters located on city owned land that is not a park; and
WHEREAS, fentanyl use is a public health crisis that led to more than 1,100 deaths
in 2023 in King County alone; and
WHEREAS, products such as Narcan can prevent or reverse the effect of an
overdose from the use of fentanyl; and
WHEREAS, homelessness outreach workers are unable to provide lifesaving
interventions to a person who is overdosing inside a tent because there is no way to
determine their condition without seeing them; and
WHEREAS, homelessness outreach workers are more likely to learn of an
individual overdose death that occurs inside of a tent as a result of the smell of a decaying
Page 36 of 55
- - - - - - - - - - - - - - - - - -
Ordinance No. 6938
February 20, 2024
Page 3
body or the evidence of bird and animal scavenging that occurs post death; and
WHEREAS, all humans deserve to receive lifesaving treatments and measures
that aid in the prevention of death by overdose; and
WHEREAS, dying alone in a tent where the death is learned days or weeks later
as a result of the smell associated with decay or as a result of scavenging birds and
animals lacks dignity and is inhumane;
WHEREAS, the amendments to Chapter 9.50, herein attached as Exhibit A, are a
necessary measure to help prevent loss of life.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO HEREBY ORDAIN as follows:
Section 1: Incorporation of Recitals. The recitals set forth above are hereby
adopted and incorporated herein as if set forth in full.
Section 2. Implementation of Ordinance. The Mayor and her designee(s) are
authorized to take such further actions and implement those administrative procedures
necessary to implement and/or carry out the directives of this Ordinance.
Section 3. Severability. If any one or more section, subsection, or sentence of
this ordinance is held to be unconstitutional or invalid, such decision shall not affect the
validity of the remaining portion of this ordinance and the same shall remain in full force
and effect.
Section 4. Corrections by City Clerk. Upon approval of the city attorney, the
city clerk is authorized to make necessary corrections to this ordinance, including the
Page 37 of 55
- - - - - - - - - - - - - - - - - -
Ordinance No. 6938
February 20, 2024
Page 3
correction of clerical errors in the body of this ordinance or exhibit(s) thereto; ordinance,
section, or subsection numbering; or references to other local, state, or federal laws,
codes, rules, or regulations.
Section 5. Effective Date. This ordinance shall take effect and be in force five (5)
days following its passage and publication, as provided by law.
INTRODUCED: _______________
PASSED: ____________________
APPROVED: _________________
____________________________
NANCY BACKUS, MAYOR
ATTEST:
____________________________
Shawn Campbell, MMC, City Clerk
APPROVED AS TO FORM:
____________________________
Bob Sterbank, Outside Counsel,
Foster Garvey
Published: ____________________________________________________________
Page 38 of 55
9.50.030 Camping.
A. Camping Prohibited. It is unlawful for any person to camp, occupy camp facilities or use
camp paraphernalia on city property, except as set forth in subsection C of this section.
B. Storage of Camping Items Prohibited. It is unlawful for any person to store camp facilities and
camp paraphernalia on city property, except as otherwise provided by ordinance.
C. Exceptions. The prohibitions contained in subsection A of this section shall not apply if:
1. The person is engaged in activity prohibited by subsections A and B of this section
because they are experiencing homelessness, and there is no overnight shelter available
on the date that the prohibited activity occurs, provided that any tent or shelter shall
provide a minimum one foot by one foot opening on at least one side of the tent or shelter
that provides transparency into the tent or shelter; or
2. The person is camping or using camp paraphernalia or camp facilities at a Game Farm
Park Campground site after paying the required fees; or
3. The person is camping or using camp paraphernalia or camp facilities as permitted
under this subsection:
a. The director of the parks, arts, and recreation department may permit persons to
camp, occupy camp facilities, use camp paraphernalia, or store personal property in
parks property as defined in Chapter 2.22 ACC and as listed in the park inventory
portion of the parks, recreation and open space plan, within the city’s comprehensive
plan.
b. The director of the parks, arts, and recreation department may approve a permit
for camping on city park property if the director finds, based upon a permit application
and information otherwise obtained, that:
i. Adequate sanitary facilities are provided and accessible at or near the camp
site;
ii. Adequate trash receptacles and trash collection will be provided;
Page 39 of 55
iii. The camping activity will not unreasonably disturb or interfere with the peace,
comfort and repose of private property owners;
iv. The camping activity is not reasonably likely to cause injury to persons or
property, to provoke disorderly conduct or to create a disturbance; and
v. The camping is in the public interest.
c. The director of the parks, arts, and recreation department is authorized to
promulgate rules and regulations regarding the implementation and enforcement of
this chapter.
d. Seven days is the maximum period of time a permit may authorize camping on city
property.
e. Any person denied a permit may appeal the denial to the hearing examiner in the
manner described in Chapter 2.46 ACC and ACC 15.07.130 with the director of the
parks, arts, and recreation department serving the role of the building or fire official in
that code; or
4. The person is camping or trespassing on any city utility property identified in ACC Title
13, which shall be regulated by that title; or
5. The person is camping or trespassing on Auburn Municipal Airport properties or areas
identified in Chapter 18.04 ACC, which shall be regulated pursuant to ACC 9.96.900 and/or
Chapter 9A.52 RCW.
D. Definitions. For this section, the following shall apply:
1. “Available overnight shelter” means:
a. A public or private shelter located within the city of Auburn that offers overnight
shelter to persons experiencing homelessness and confirms to a city employee that it
has an available overnight space at no cost for that person; or
b. If no shelter described in subsection (D)(1)(a) of this section has available space, a
shelter located within King or Pierce County that offers overnight shelter to persons
experiencing homelessness and confirms to a city employee:
i. That it has an available overnight space at no cost for that person; and
Page 40 of 55
ii. That it is accessible to the person by public transportation or vehicle for hire at
no cost for that person.
c. An overnight shelter is available if an individual is prevented from using an
otherwise available shelter space because of their past or present voluntary actions
such as unlawful drug use or possession, criminal act(s), unruly behavior or willful
violation of shelter rules or restrictions pertaining to such activity.
d. An overnight shelter is unavailable if:
i. An individual or family cannot use the shelter’s available space because of
shelter-imposed restrictions on its use (other than any restrictions the shelter has
imposed pursuant to subsection (D)(1)(c) of this section); or
ii. A city employee, an individual or family attempts to secure a space at the
shelter for the day and is denied due to lack of available space.
2. “City property” as used in this section means all improved and unimproved real
property owned or leased by the city of Auburn, and all city of Auburn easements, including
but not limited to all portions of city parks, as defined in Chapter 2.22 ACC, city buildings,
rights-of-way, city parking lots, and city environmentally sensitive areas as defined in ACC
16.06.065. City property shall not include:
a. Religious organization property subject to RCW 35A.21.360;
b. City utilities or utility property identified in ACC Title 13; or
c. Airport property or areas identified in Chapter 18.04 ACC.
3. “Camp” or “camping” means to pitch, create, use, or occupy camp facilities for the
purposes of habitation, living accommodation, or dwelling, as evidenced by the storage of
personal belongings in “camp facilities” or the use of “camp paraphernalia.”
4. “Camp facilities” include, but are not limited to, tents, tarps configured for shelter, huts,
and temporary shelters. “Camp facilities” does not include shelters when used temporarily
in a park for recreation or play, consistent with Chapter 2.22 ACC, during hours when the
park is open to the public.
Page 41 of 55
5. “Camp paraphernalia” includes, but is not limited to, tarpaulins, cots, beds, sleeping
bags, blankets, mattresses, hammocks, or non-city-designated cooking facilities and similar
equipment.
6. “Store” means to put aside or accumulate for use when needed, to put for safekeeping,
to place or leave in a location.
E. Penalties and Enforcement.
1. A violation of this section is a misdemeanor punishable by 90 days in jail and/or a
$1,000 fine.
2. When any police officer or city official has probable cause to believe that any person
has violated this section, the officer or official may:
a. Order such person to immediately leave the property where the violation is
occurring. Subject to subsection (C)(1) of this section, any person refusing to comply
with such an order or returning to the property on the same calendar day as such an
order is subject to prosecution for criminal trespass pursuant to Chapter 9A.52 RCW
and/or ACC 9.96.900; and
b. Issue the person a written admonishment excluding them from the property where
the violation is occurring for a period up to one year from the issue date. Subject to
subsection (C)(1) of this section, persons who return to the property within the
admonishment period are subject to prosecution for criminal trespass pursuant to
RCW 9A.52 and/or ACC 9.96.900.
3. Admonishments issued under this section:
a. Are valid and effective whether or not the excluded person is charged, tried or
convicted of any crime or infraction;
b. Are valid and effective even if the admonished person refuses a copy of the
admonishment; provided, that the issuing city official reasonably notifies the
admonished person of the admonishment period, place(s) of exclusion and appeal
process under this section;
c. Are valid and effective for the admonishment period unless and until shortened or
rescinded by an official ruling after appeal in this section;
Page 42 of 55
d. May be based upon observations by city officials and/or police officers, or upon
civilian reports that an official or officer could reasonably rely on in determining
probable cause; and
e. Shall include a statement of the appeal rights in this section and a form for
appealing the admonishment as provided by this section.
4. Persons receiving admonishments under this section may appeal the admonishment.
Any such appeal must:
a. Be in writing, either on the form referenced in this section or in a writing including
at least the person’s name, the involved property location and the approximate
admonishment date to enable processing of the appeal;
b. Be received by the city clerk or postmarked within 14 calendar days of the person’s
receiving the admonishment; and
c. Be under oath and include all facts that the excluded person believes supports a
shortening or rescinding of the admonishment.
5. Admonishment appeals under this section involving city parks shall be processed
according to ACC 2.22.240. Otherwise, the director of community development or designee
shall review the appeal and issue a ruling upholding, rescinding or shortening the
admonishment within 14 calendar days of receiving the appeal. The director or designee
may consider the admonishment and any other relevant and trustworthy submitted
written materials in deciding the appeal. The admonishment shall be upheld if supported
by a preponderance of evidence. The ruling may be transmitted to the excluded person by
mail, in person, electronically, or by any other method specified by the person or
reasonably likely under the circumstances to give notice.
6. The appeal process in this section cannot be used to appeal any criminal penalties
imposed by a court under this section or any other law.
Page 43 of 55
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 5760 (Thomas)
Date:
March 13, 2024
Department:
Finance
Attachments:
Res olution No. 5760
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
City Council to adopt Resolution No. 5760.
Background for Motion:
Resolution No. 5760 is the second amendment to the City's professional services agreement
with Foster Garvey PC for legal services, which was originally signed July 18, 2023.
Background Summary:
The City of Auburn originally entered into an agreement for legal services with Foster Garvey
PC on July 18, 2023, with provisions identified in the Engagement for Services Letter. The
purpose of the agreement was to provide interim legal services for several complex issues,
while the City conducted an executive search for a new City Attorney. The original agreement
was not to exceed $100,000.
October 2, 2023 Council approved Resolution No. 5741 amending the original engagement
agreement to increase the maximum costs by additional $300,000. The original amendment
was necessitated by: the complexity of some of the City's ongoing projects; the number of active
projects requiring legal guidance; and the extended period of time required to conduct a thorough
executive search for a highly qualified City Attorney.
Resolution No. 5760 seeks approval for a second amendment to the original engagement
agreement to increase the maximum costs by an additional $500,000. The need for a
second amendment continues to be necessitated by the ongoing executive search for a
highly qualified City Attorney. Additionally, the City continues to require specialized legal
services for ongoing complex legal matters.
Approval of Resolution No. 5760 authorizes the Mayor to sign the second amendment for
legal services with Foster Garvey PC.
Rev iewed by Council Committees:
Councilmember:Kate Baldwin Staff:Jamie Thomas
Meeting Date:March 18, 2024 Item Number:RES.A
Page 44 of 55
Page 45 of 55
--------------------------------
Resolution No. 5670
March 18, 2024
Page 1 of 4 Rev. 2020
FG: 102472015.2
RESOLUTION NO. 5760
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO
EXECUTE THE SECOND AMENDMENT TO THE
AGREEMENT BETWEEN THE CITY OF AUBURN AND
FOSTER GARVEY PC FOR LEGAL SERVICES TO THE
CITY
WHEREAS, the City of Auburn is currently in need of legal services while it seeks
to hire a new city attorney; and
WHEREAS, the City contracted with the law firm of Foster Garvey PC (“Foster
Garvey”) on July 18, 2023 to provide these services (“the Legal Services Contract”); and
WHEREAS, Foster Garvey has capably provided legal advice to the City since the
contract was executed; and
WHEREAS, the Legal Services Contract included a not-to-exceed amount of one
hundred thousand dollars for legal services and the fees and costs for such services; and
WHEREAS, on October 2, 202 the Council authorized the Mayor to execute an
amendment to the Legal Services Contract for an additional three hundred thousand
dollars; and
WHEREAS, the due to ongoing litigation and other pending matters, pursuant to
terms of the engagement letter Foster Garvey recently provided the City notice that fees
and costs incurred had reached eighty-five percent (85%) of the Legal Services Contract’s
not-to-exceed amount; and
WHEREAS, the City’s need for legal services continues while the search for a new
city attorney remains ongoing; and
Page 46 of 55
--------------------------------
Resolution No. 5670
March 18, 2024
Page 2 of 4 Rev. 2020
FG: 102472015.2
WHEREAS, the City desires to increase the maximum contract amount to enable
continuation of legal services.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, RESOLVES as follows:
Section 1. The Mayor is authorized to execute an amendment to the contract
between the City and Foster Garvey PC increasing the maximum expenditure for legal
services under the Legal Services Contract by an additional five hundred thousand dollars
($500,000.00), which amendment will be in substantial conformity with the amendment
attached hereto.
Section 2. The Mayor is authorized to implement those administrative
procedures necessary to carry out the directives of this Resolution.
Section 3. This Resolution will take effect and be in full force on passage and
signatures.
Dated and Signed this _____ day of _________, 2024.
CITY OF AUBURN
____________________________
NANCY BACKUS, MAYOR
ATTEST:
______________________________
Shawn Campbell, MMC, City Clerk
APPROVED AS TO FORM:
______________________________
Harry Boesche, Acting City Attorney
Page 47 of 55
--------------------------------
Resolution No. 5670
March 18, 2024
Page 3 of 4 Rev. 2020
FG: 102472015.2
AMENDMENT No. 2
to the CITY OF AUBURN AGREEMENT FOR LEGAL SERVICES
with FOSTER GARVEY PC
This 2nd amendment is to an Agreement for legal services between the City of Auburn
and Foster Garvey PC (“Foster Garvey”) executed on July 18, 2023.
RECITALS
WHEREAS, Foster Garvey’s engagement letter dated July 7, 2023 and accepted by
Mayor Nancy Backus on July 18, 2023 (“Engagement Letter”) limited the amount of fees
and costs billed for legal services to one hundred thousand dollars; and
WHEREAS, on October 2, 2023 the City Council approved an extension of the
maximum contracted amount for fees and costs billed for legal services by an additional
three hundred thousand dollars.
WHEREAS, pursuant to terms of the Engagement Letter, Foster Garvey provided the
City notice that fees and costs incurred had reached eighty-five percent (85%) of the
engagement letter’s not-to-exceed amount; and
WHEREAS, the City desires to continue to engage Foster Garvey for legal services,
beyond the maximum amount stated in 1st Amendment for Legal Services with Foster
Garvey PC.
AMENDMENT
Now Therefore, for good and valuable consideration, the undersigned parties agree to
amend the third paragraph of the engagement of services letter in the following manner:
“No retainer is required. We will bill the City only for the actual fees and costs
incurred in the performance of legal services requested by the City. Fees and
costs billed under this engagement will not exceed $100,000 $400,000 $900,000,
and we will notify the City when fees and costs incurred have reached eighty-five
percent (85%) of that amount. A copy of our Terms for Engagement of Services
is attached. We understand that such services will be directed through the
Offices of the Mayor or by Dana Hinman, Director of Administration.”.
Page 48 of 55
--------------------------------
Resolution No. 5670
March 18, 2024
Page 4 of 4 Rev. 2020
FG: 102472015.2
All other provisions of the July 7, 2023 Engagement Letter and the Terms of
Engagement shall remain in full force and effect.
CITY OF AUBURN FOSTER GARVEY
Accepted and confirmed Accepted and confirmed
this ____day of March, 2024 this _____day of March, 2024
______________________________ ____________________________
Nancy Backus Bob Sterbank
City of Auburn Mayor Of Counsel
Page 49 of 55
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 5761 (Caillier)
Date:
March 13, 2024
Department:
Police
Attachments:
Res olution No. 5761
Exhibit A ICAC MOU
Budget Impact:
None
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
City Council to adopt Resolution No. 5761.
Background for Motion:
Move to adopt Resolution No. 5761 authorizing the Mayor to sign a Memorandum of
Understanding with the Seattle Police Department accepting Federal Internet Crimes Against
Children Task Force Funds.
Background Summary:
The Auburn Police Department (APD) is a member of Washington’s Internet Crimes Against
Children Task Force (ICAC). ICAC detects and investigates technology based crimes
against children. ICAC activities are funded in part through federal grants. The Seattle Police
Department, as ICAC’s lead agency, has offered APD up to $10,000 in federal grant funds to
assist APD in its ICAC work. Resolution No. 5761 authorizes the Mayor to sign a
memorandum of understanding that accepts these funds for APD.
Rev iewed by Council Committees:
Councilmember:Cheryl Rakes Staff:Mark Caillier
Meeting Date:March 18, 2024 Item Number:RES.B
Page 50 of 55
-----------------------------
Resolution No. 5761
March 13, 2024
Page 1 of 2
RESOLUTION NO. 5761
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, ACCEPTING A FEDERAL
INTERNET CRIMES AGAINST CHILDREN TASK FORCE
(ICAC) GRANT TO THE AUBURN POLICE DEPARTMENT
WHEREAS, the Auburn Police Department (APD) is a member of the
Washington State Internet Crimes Against Children task force (ICAC).
Washington law enforcement agencies formed ICAC to detect, investigate and
prosecute technology-facilitated crimes against children. ICAC activities are
funded in part through federal grant funds;
WHEREAS, the Seattle Police Department (SPD) is ICAC’s lead agency,
responsible to facilitate and distribute federal grant funding to ICAC members;
WHEREAS, SPD has offered APD $10,000 in available federal grant funds
for APD use in its ICAC work. The offered grant contains no City matching
requirement. The grant terms are set forth in a memorandum of understanding
attached as Exhibit A to this Resolution;
WHEREAS, the adoption of this Resolution and acceptance of this ICAC
grant is in the best interest of the Auburn community in enabling APD efforts to
further ICAC’s work and mission.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES as follows:
Section 1. The Mayor is authorized to sign a memorandum of
understanding with the Seattle Police Department substantially conforming to
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Resolution No. 5761
March 13, 2024
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Exhibit A to this Resolution, and to accept federal grant funds for Auburn Police
Department use in its Washington State Internet Crimes Against Children Task
Force work.
Section 2. The Mayor is hereby authorized to implement such
administrative procedures as may be necessary to carry out the directions of
this legislation.
Section 3. That this Resolution shall take effect and be in full force upon
passage and signatures.
Dated and Signed this _____ day of _________, 2024.
CITY OF AUBURN
NANCY BACKUS, MAYOR
ATTEST: APPROVED AS TO FORM:
____________________________ ____________________________
Shawn Campbell, MMC, City Clerk Harry Boesche, Acting City Attorney
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MEMORANDUM OF UNDERSTANDING
City of Auburn
Auburn Police Department
25 West Main Street
Auburn, WA 98001
THIS AGREEMENT is made and entered into by and between the City of Seattle Police
Department, hereinafter referred to as “SPD” and City of Auburn.
WHEREAS, The Seattle Police Department is the Lead Agency for Washington State’s Internet
Crimes Against Children (ICAC) Task Force;
WHEREAS, City of Auburn, is a member of the ICAC Task Force and requires funding to support
its investigation and prosecution of ICAC crimes;
WHEREAS, The Seattle Police Department receives funding to support investigation and
prosecution of ICAC crimes and wishes to share this funding with Task Force Members to further
the mission of the Task Force;
NOW, THEREFORE, in consideration of the terms, conditions, covenants, and performance of
the scope of work contained herein, or as attached and made a part hereof, the parties hereto
agree as follows:
IT IS THEREFORE MUTUALLY AGREED THAT:
This agreement is to support City of Auburn’s ICAC overtime, travel/training, equipment, wellness
activities or training and software necessary for ICAC investigations.
In the event the MOU requires a change in scope or an increase in cost beyond the amount
agreed to, the SPD and City of Auburn shall agree to any such changes in writing prior to the
commencement of Services requiring the change in the scope or cost increase.
TERM OF AGREEMENT
This Agreement shall begin January 1, 2024 and terminates September 30, 2024. This
agreement may be modified and continued, by amendment, for work beyond this date, by mutual
agreement of the parties.
PAYMENT
SPD will pay City of Auburn for work covered in the Scope of Work for actual costs incurred by
City of Auburn
The funding limit shall not exceed $10,000 and shall reflect the Parties’ best estimate of the cost of
work to be accomplished under this Agreement. SPD shall not be obligated for any expenditure in
excess of the funding limit unless prior written authorization is received. Actual amounts
reimbursed under this Agreement shall be based on actual costs incurred by City of Auburn. In no
event, shall any Party be paid for costs that are not documented pursuant to the requirements of
this Agreement.
SPD will pay City of Auburn pursuant to the following provisions, unless otherwise agreed in
writing:
1. City of Auburn shall submit to SPD an invoice for Services performed no later than thirty (30)
calendar days following the month in which the Services were performed. Invoice shall
include a summary of total costs billed to date. Any request for payment for work performed
prior to the issuance of a notice to begin work, or work billed later than ninety (90) calendar
days after its completion shall not be eligible for payment.
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2. Unless otherwise directed, City of Auburn shall submit invoices and appropriate supporting
materials to:
Seattle Police Department
Attn: Fiscal Office
PO Box 34986
Seattle, WA 98124-4986
spdap@seattle.gov
3. City of Auburn agrees to submit a final bill to SPD within thirty (30) calendar days after the
end date of this Contract, and will label the invoice “FINAL BILL.”
4. Funding Source:
FEDERAL AWARD INFORMATION
GRANT AWARD TITLE: 16.543 - Guidance for Invited Applications for Internet Crimes Against Children
(ICAC) Task Forces (FY21 ICAC)
FEDERAL AWARD ID # SUBRECIPIENT NAME
UEI NUMBER
FUNDS OBLIGATED FOR
THIS AGREEMENT
15PJDP-21-GK-03807-MECP City of Auburn
LT4FLVEW5U28 $10,000
FEDERAL AWARD DATE SUBAWARD PERIOD OF
PERFORMANCE START DATE
SUBAWARD PERIOD OF
PERFORMANCE END DATE
12/6/21 01/01/2024 09/30/2024
TOTAL GRANT AWARD
COMMITTED TO THIS ENTITY
SUBAWARD BUDGET PERIOD
START DATE
SUBAWARD BUDGET
PERIOD END DATE
$10,000 01/01/2024 09/30/2024
TOTAL FEDERAL FUNDS
OBLIGATED TO THIS ENTITY RESEARCH & DEVELOPMENT INDIRECT COST RATE
$120,436 N N
FEDERAL AWARDING
AGENCY PASS-THROUGH ENTITY PASS-THROUGH
AWARDING OFFICIAL
DOJ/OJP/OJJDP Seattle Police Department
(Seattle, City of)
Brian G. Maxey
brian.maxey@seattle.gov
AWARD PROJECT DESCRIPTION: The National Internet Crimes Against Children (ICAC) Task Force Program,
consists of state and local law enforcement task forces dedicated to developing effective responses to online
enticement of children by sexual predators, child exploitation, and child obscenity and pornography cases. Each
State and local task force that is part of the national program shall: 1) consist of State and local investigators,
prosecutors, forensic specialists, and education specialists who are dedicated to addressing the goals of the task
force; 2) engage in proactive investigations, forensic examinations, and effective prosecutions of Internet crimes
against children; 3) provide forensic, preventive, and investigative assistance to parents, educators, prosecutors,
law enforcement, and others concerned with Internet crimes against children; 4) develop multijurisdictional,
multiagency partnerships and responses to Internet crimes against children offenses through ongoing
informational, administrative, and technological support to other State and local law enforcement agencies, as a
means for such agencies to acquire the necessary knowledge, personnel, and specialized equipment to investigate
and prosecute such offenses; 5) participate in nationally coordinated investigations in any case in which the
Attorney General determines such participation to be necessary, as permitted by the available resources of such
task force; 6) establish or adopt investigative and prosecution standards consistent with established norms, to
which such task force shall comply; 7) investigate, and seek prosecution on tips related to Internet crimes against
children, including tips from Operation Fairplay, the National Internet Crimes Against Children Data System, the
National Center for Missing and Exploited Children's CyberTipline, ICAC task forces, and other Federal, State, and
local agencies, with priority being given to investigate leads that indicate the possibility of identifying or rescuing
child victims, including investigative leads that indicate a likelihood of seriousness of offense or dangerousness to
the community; 8) develop procedures for handling seized evidence for ICAC task force lead agencies and affiliate
agencies; 9) maintain reports required by OJJDP and other reports and records as determined by the Attorney
General; and, 10) seek to comply with national standards regarding the investigation and prosecution of Internet
crimes against children, as set forth by the Attorney General, to the extent such standards are consistent with the
law of the State where the task force is located.
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INDEMNIFICATION AND HOLD HARMLESS
City of Auburn shall defend, indemnify, and hold the City harmless from and against all claims,
demands, losses, damages or costs, including but not limited to damages arising out of bodily
injury or death to persons and damage to property, caused by or resulting from:
The sole negligence or willful misconduct of City of Auburn, its officials, officers,
employees, and agents;
The concurrent negligence of City of Auburn, its officials, officers, employees, or agents
but only to the extent of the negligence of City of Auburn, its officials, officers, employees,
and agents;
The negligent performance of non-performance of the contract by City of Auburn; and
Company waives its immunity under Title 51 RCW to the extent it is required to indemnify, defend
and hold harmless the City and its officials, agents, and employees.
INSURANCE
The City of Auburn agrees that it will maintain premises operations and vehicle liability insurance
in force with coverages and limits of liability typically maintained by consultants performing work
of a scope and nature similar to that called for under this Agreement, but in no event less than the
coverages and/or limits required by Washington state law. Such insurance shall include “The City
of Seattle” as an additional insured for primary and non-contributory limits of liability. Workers
compensation insurance shall also be maintained if required by Washington state law.
TERMINATION
Either party may terminate this Agreement without recourse by the other party upon written notice
to terminate. Notice of termination shall be given by the party terminating this Agreement to the
other, not fewer than fifteen (15) business days prior to the effective date of termination.
AGENCY CONTACTS
Contact between the Parties regarding Agreement administration will be between the
representatives of each Party or their designee as follows:
City of Auburn Seattle Police Department
Name: Commander Chris Burger Name: Kelly Crouch
Phone: 253-931-3080 Phone: 206.386.9140
Email: cburger@auburnwa.gov Email: Kelly.crouch@seattle.gov
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the latest day
and year written below.
CITY OF AUBURN SEATTLE POLICE DEPARTMENT
______________________________ ____________________________
Name: Date Brian G. Maxey Date
Title: Chief Operating Officer
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