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HomeMy WebLinkAboutCity of Auburn Ord 6734 ORDINANCE NO. 6734 I, the undersigned City Clerk of the City of Auburn, Washington (the "City"), DO HEREBY CERTIFY: 1. That the attached Ordinance No. 6734 (the"Ordinance") is a true and correct copy of an ordinance of the City as passed at a meeting of the City Council of the City held on October 7, 2019, and duly recorded in my office and said meeting was duly convened and held in all respects in accordance with law, and to the extent required by law, due and proper notice of such meeting was given;that a legal quorum was present throughout the meeting and a legally sufficient number of members of the City Council voted in the proper manner for the passage of the Ordinance; that all other requirements and proceedings incident to the proper passage of the Ordinance have been duly fulfilled, carried out and otherwise observed, and that I am authorized to execute this certificate. 2. Attached as "Exhibit A"is a true and correct copy of the minutes of the October 7, 2019 City Council meeting which reflect the passage of the Ordinance. 3. Attached as "Exhibit B" is a true and correct copy of the Affidavit of Publication of notice of adoption of the Ordinance. IN WITNESS WHEREOF, I have hereunto set my hand as of this 11th day of December, 2019. CITY OF AUBURN, WASHINGTON Shawn Campbell, City Clerk ORDINANCE NO. 6734 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON RELATED TO THE SOUTH CORRECTIONAL ENTITY; AUTHORIZING THE EXECUTION OF AN AMENDED AND RESTATED INTERLOCAL AGREEMENT RELATING TO THE ENTITY; APPROVING THE CITY'S CAPITAL CONTRIBUTION RELATED TO REFUNDING BONDS TO BE ISSUED TO REFINANCE THE SOUTH CORRECTIONAL ENTITY FACILITY; AND APPROVING OTHER MATTERS RELATED THERETO WHEREAS, the City of Auburn, Washington (the "City") is authorized by chapter 70.48 RCW to contract for, establish and maintain correctional facilities in furtherance of public safety and welfare; and WHEREAS, pursuant to Ordinance 6224 adopted by the City Council on January 20, 2009, and chapter 39.34 RCW, the Interlocal Cooperation Act, the City entered into a SCORE Interlocal Agreement with the other parties dated February 25, 2009 and subsequently amended and restated on October 1, 2009 by Ordinance 6260 (as amended and restated, the "Original Interlocal Agreement"), to form a separate governmental administrative agency known as the South Correctional Entity (SCORE"); and WHEREAS, the South Correctional Entity Facility Public Development Authority (the "Authority"), a public corporation chartered by the City of Renton, pursuant to RCW 35.21.730 through 35.21.757, issued its Bonds, Series 2009A (the "2009A Bonds") and Bonds, Series 2009B (Taxable Build America Bonds—Direct Payment) (the "2009B Bonds," and together with the 2009A Bonds, the "2009 Bonds") on November 4, 2009, in the aggregate principal amount of$86,235,000; and WHEREAS, proceeds of the 2009 Bonds were used to finance a portion of the costs of acquiring, constructing, developing, equipping and improving a regional misdemeanant correctional facility located in Des Moines, Washington (the "SCORE Facility"), operated by SCORE; and WHEREAS, pursuant to an ordinance adopted by the City Council, the City pledged its full faith and credit toward the payment of its allocable proportion of the debt service due on the 2009 Bonds issued by the Authority; and WHEREAS, the 2009 Bonds are subject to defeasance and/or redemption prior to their stated maturity dates; and WHEREAS, after due consideration it appears to the Board of Directors of the Authority that the 2009 Bonds may be defeased and/or redeemed prior to maturity by Ordinance No 6734 September 23,2019 Page 1 of 5 proceeds of refunding bonds (the "Refunding Bonds") and other legally available funds for overall debt service savings; and WHEREAS, the City now desires to pledge its full faith and credit to the City's allocable portion of the Refunding Bonds and to amend and restate the Original Interlocal Agreement to provide for such refunding and other matters as provided herein; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON DO ORDAIN AS FOLLOWS: Section 1. Definitions. Terms defined in the recitals of this resolution are incorporated as if fully set forth herein. Terms not otherwise defined in this resolution shall have the meanings set forth in the Interlocal Agreement (defined in Section 2). Section 2. Approval of Interlocal Agreement. The City approves the Amended and Restated SCORE Interlocal Agreement substantially in the form attached as Exhibit A (the "Interlocal Agreement"). The Mayor is authorized and directed to execute the Interlocal Agreement. On the Effective Date, the Interlocal Agreement shall amend and restate, in its entirety, the Original Interlocal Agreement. The Mayor is designated, together with the Mayor's designee, as the "Designated Representative" for purposes of the Interlocal Agreement. The Interlocal Agreement may be further amended from time to time as provided in the Interlocal Agreement. Section 3. City Contributions. The Authority has proposed to issue one or more series of refunding bonds (the "Refunding Bonds"), the proceeds of which will be used, together with other legally available funds, to refund the outstanding 2009 Bonds for overall debt service savings. The City irrevocably covenants and agrees to pay its capital contribution in the percentage provided for in the Interlocal Agreement, which is equal to the City's allocated owner percentage as shown in the following chart (the "Owner Percentage"), to pay debt service on the Refunding Bonds as the same shall become due and payable and to pay administrative expenses of the Authority with respect to the Refunding Bonds (the "Capital Contribution"). The Owner Percentage allocated to the City is as follows: Owner City Owner Percentage Auburn 34.94% Renton 40.96 Tukwila 9.64 Des Moines 6.02 Burien 4.82 SeaTac 3.62 Total 100.00% Ordinance No 6734 September 23, 2019 Page 2 of 5 The authorization contained in this ordinance is conditioned on the issuance of Refunding Bonds not exceeding the aggregate principal amount of$56,000,000 without obtaining additional Council approval. The City recognizes that it is not obligated to pay the Capital Contribution of any other Member City; the Capital Contribution of the City shall be limited to its 0 share of those obligations; all payments will be made by the City without regard to the payment or lack of payment by any other jurisdiction; and the City shall be obligated to budget for and pay its Capital Contribution unless relieved of such payment in accordance with the Interlocal Agreement. The City's obligation to pay its Capital Contribution will be an irrevocable full faith and credit obligation of the City, payable from property taxes levied within the constitutional and statutory authority provided to cities without a vote of the qualified electors on all of the taxable property within the City and other sources of revenues available for payment. The City obligates itself and commits to budget for and pay its Capital Contribution and to set aside and include in its calculation of outstanding nonvoted general obligation indebtedness an amount equal to the principal component of its Capital Contribution for so long as any Refunding Bonds issued by the Authority remain outstanding. All payments with respect to the Refunding Bonds shall be made to SCORE in its capacity as administrator and servicer of the Refunding Bonds to be issued by the Authority. Section 4. General Authorization; Ratification. The Mayor or designee are authorized and directed to undertake all action necessary for the prompt execution and delivery of the Interlocal Agreement, the issuance of the Refunding Bonds by the Authority, and to execute all closing certificates, agreements, contracts and documents required to effect the closing and delivery of each series of the Refunding Bonds, the implementation of the Interlocal Agreement, and the withdrawal of Federal Way as a Member City of SCORE effective December 31, 2019. These documents may include, but are not limited to, an undertaking to provide ongoing disclosure in connection with Securities and Exchange Commission Rule 1.5c2-12 (the "Rule) under the Securities Exchange Act of 1934, as amended; any disclosure documents delivered for purposes of the Rule in connection with the issuance of the Refunding Bonds and pertaining to the City; and documents regarding to the status of any Refunding Bonds issued on a tax-exempt basis under the Internal Revenue Code of 1986, as amended. All acts taken pursuant to the authority of this ordinance but prior to its effective date are hereby ratified. Ordinance No 6734 September 23, 2019 Page 3 of 5 Section 5. Effective Date of Ordinance. This Ordinance shall take effect and be in force from and after its passage and five days following its publication as required by law. OCT 0 7 2019 INTRODUCED: _ _ PASSED: OCT 0 7 2019 APPROVED: OCT 0 7 1UI9 ancy ayor ATTEST: Shawn Campbell, MMC,, City Clerk APPROVED AS TO FORM: fiA lagiv N.*w Steven L. ross, City Attorney PUBLISHED:Othblk 1017-010 6"/ iwto, Ordinance No 6734 September 23,2019 Page 4 of 5 EXHIBIT A Form of Amended and Restated SCORE Interlocal Agreement (attached) -5- 10006 99999 if13fp42k7 EXHIBIT A Form of Amended and Restated SCORE Interlocal Agreement (attached) -6- 10006 99999 if13fp42k7 AMENDED AND RESTATED SCORE INTERLOCAL AGREEMENT among CITY OF AUBURN, CITY OF BURIEN, CITY OF DES MOINES, CITY OF RENTON, CITY OF SEATAC, AND CITY OF TUKWILA,WASHINGTON Dated as of ,2019 TABLE OF CONTENTS Pane Section 1. Definitions 1 Section 2. SCORE Facility;Authority 3 Section 3. Duration of Agreement 5 Section 4. Withdrawal and Termination 5 Section 5. Administrative Board 7 Section 6. Operations Board; Finance Committee; Other Committees 8 Section 7. Facility Director 9 Section 8. Personnel Policies 9 Section 9. Budget, Policies and Operations 10 Section 10. Contracts and Support Services 10 Section 11. Policy and System Evaluation 10 Section 12. Additional Services Authorized 11 Section 13. Inventory and Property 11 Section 14. Local Control 11 Section 15. SCORE Facility Financing and Construction;SCORE Facility Public Development Authority 11 Section 16. Compliance with Continuing Disclosure Requirements 15 Section 17. Miscellaneous 15 Section 18. Severability 16 Section 19. Effective Date;Amend and Replace Original Interlocal Agreement 16 Section 20. Federal Way Refunding Bonds;Agreement Between SCORE and Federal Way 16 Section 21. Termination of Host City Agreement 16 Section 22. Execution and Amendment 17 Section 23. Third Party Beneficiaries 17 Section 24. Hold Harmless 17 Section 25. Counterparts 18 -i- AMENDED AND RESTATED SCORE INTERLOCAL AGREEMENT THIS AMENDED AND RESTATED SCORE INTERLOCAL AGREEMENT is effective as of the date written below and is by and among the Cities of Auburn, Burien, Des Moines, Renton, SeaTac and Tukwila, Washington, all of which are municipal corporations under the laws and statutes of the State of Washington: RECITALS: WHEREAS,the Member Cities (as defined herein) are authorized by chapter 70.48 RCW to contract for, establish and maintain correctional facilities in furtherance of public safety and welfare; and WHEREAS, chapter 39.34 RCW, the Interlocal Cooperation Act, authorizes municipalities in Washington to enter into agreements for the joint undertaking of certain projects as provided therein; and WHEREAS, in 2009 the Member Cities formed a separate governmental administrative agency pursuant to an interlocal agreement and RCW 39.34.030(3) known as the South Correctional Entity ("SCORE") to establish and maintain a consolidated correctional facility to be located in the City of Des Moines (the "SCORE Facility") to serve the Member Cities and federal and state agencies and other local governments that may contract with SCORE in the future to provide correctional services essential to the preservation of the public health, safety and welfare; and WHEREAS, the Member Cities now desire to amend and restate the formation interlocal agreement as provided herein; NOW THEREFORE, it is hereby agreed and covenanted among the undersigned as follows: Section 1. Definitions. Capitalized terms used in this SCORE Interlocal Agreement shall have the meanings given such terms in the recitals hereof and as follows: "Administrative Board" means the governing board of SCORE created pursuant to Section 5 of this SCORE Interlocal Agreement. "Bonds" mean bonds,notes or other evidences of borrowing issued by the SCORE Facility Public Development Authority to finance and/or refinance the SCORE Facility and for any other SCORE purpose. "Budget" means the budget prepared by the Facility Director in consultation with the Operations Board, and submitted to the Administration Board for its approval in accordance with Section 5 and Section 9 of this SCORE Interlocal Agreement, which budget shall set forth (a) an estimate of the costs of capital improvements required to be made to the SCORE Facility within the applicable year, (b) on a line item basis, all anticipated revenues and expenses for the operation and maintenance of the SCORE Facility for the applicable year, and (c)any information required by policies adopted by the Administrative Board pursuant to Section 9(b)of this SCORE Interlocal Agreement. "Capital Contribution" means, for each Owner City, that Owner City's Owner Percentage multiplied by the principal of and interest on Bonds as the same shall become due and payable. "Code" means the Internal Revenue Code of 1986,as amended. "Costs of Maintenance and Operation" means all reasonable expenses incurred by SCORE in causing the SCORE Facility to be operated and maintained in good repair, working order and condition,and all costs of administering SCORE. "Designated Representative" means the Mayor or the City Manager, as selected by each Member City, or his or her designee. "Effective Date" has the meaning set forth in Section 19 of this Agreement. "Facility Director" means the director of the SCORE Facility selected by the Administrative Board pursuant to Section 7 of this SCORE interlocal Agreement. "Finance Committee" means the committee formed pursuant to Section 6 of this SCORE Interlocal Agreement. "Host City"means the City of Des Moines, Washington. "Host City Agreement" means the Host City Agreement among the cities of Renton,Federal Way,Auburn and Des Moines and SCORE dated as of October 1, 2009. "Member Cities" mean the Owner Cities and, until the date provided for in Section 20,the City of Federal Way. "Operations Board" means the board formed pursuant to Section 6 of this SCORE Interlocal Agreement. "Owner Cities" mean the Cities of Auburn, Burien, Des Moines, Renton, SeaTac and Tukwila, Washington. 2 "Owner Percentage" means the percentage assigned to each Owner City, as follows: Owner City Owner Percentage Auburn 34.94% Renton 40.96 Tukwila 9.64 Des Moines 6.02 Burien 4.82 SeaTac 3.62 Total 100.00% "Presiding Officer" means the member of the Administrative Board selected pursuant to Section 5 of this SCORE Interlocal Agreement. "SCORE" means the governmental administrative agency established pursuant to RCW 39.34.030(3)by the Member Cities. "SCORE Facility" means the consolidated correctional facility acquired, constructed, improved,equipped,maintained and operated by SCORE. "SCORE Facility Public Development Authority" means the South Correctional Entity Facility Public Development Authority chartered by the City of Renton, Washington. "SCORE Interlocal Agreement" or "SCORE Formation Interlocal Agreement" means this Amended and Restated SCORE Interlocal Agreement among the Member Cities, as amended from time to time. "Subscribing Agencies" mean the federal and state agencies, municipal corporations, and other local governments, other than the Member Cities,that contract with. SCORE for correctional services at the SCORE Facility pursuant to the terms of this SCORE Interlocal Agreement. "2009 SCORE Bonds" mean the SCORE Facility Public Development Authority Bonds, Series 2009A and Bonds, Series 2009B (Taxable Build America Bonds—Direct Payment) issued on November 4, 2009, in the aggregate principal amount of$86,235,000. Section 2. SCORE Facility; Authority. (a) Administrative Agency. There is hereby established a governmental administrative agency pursuant to RCW 39.34.030(3) to be known as the South Correctional Entity ("SCORE"). SCORE shall consist of the Member Cities. 3 (b) Powers of SCORE. SCORE shall have the power to acquire, construct, own, operate, maintain, equip, and improve a correctional facility known as the "SCORE Facility" and to provide correctional services and functions incidental thereto, for the purpose of detaining arrestees and sentenced offenders in the furtherance of public safety and emergencies within the jurisdiction of the Member Cities. The SCORE Facility may serve the Member Cities and Subscribing Agencies which are in need of correctional facilities. Any agreement with a Subscribing Agency shall be in writing and approved by SCORE as provided herein. (c) Administrative Board The affairs of SCORE shall be governed by the Administrative Board formed pursuant to Section 5 of this SCORE Interlocal Agreement. The Administrative Board shall have the authority to: (1) Recommend action to the legislative bodies of the Member Cities; (2) Approve the Budget, adopt financial policies and approve expenditures; (3) Establish policies for investing funds and incurring expenditures of Budget items for the SCORE Facility; (4) Review and adopt a personnel policy for the SCORE Facility; (5) Establish a fund, or special funds, as authorized by chapter 39.34 RCW for the operation of the SCORE Facility; (6) Conduct regular meetings as may be designated by the Administrative Board; (7) Determine what services shall be offered at the SCORE Facility pursuant to the powers of SCORE and under what terms they shall be offered; (8) Enter into agreements with third parties for goods and services necessary to fully implement the purposes of this SCORE Interlocal Agreement; (9) Establish rates for services provided to members, subscribers or participating agencies; (10) Direct and supervise the activities of the Operations Board and the Facility Director; (11) Enter into an agreement with a public corporation or otherwise to incur debt; (12) Make purchases or contract for services necessary to fully implement the purposes of this SCORE Interlocal Agreement; 4 (13) Enter into agreements with and receive and distribute funds from any federal, state or local agencies; (14) Receive and account for all funds allocated to the SCORE Facility from its members; (15) Purchase, take, receive, lease, take by gift, or otherwise acquire, own, hold, improve, use and otherwise deal in and with real or personal property, or any interest therein, in the name of the SCORE Facility; (16) Sell, convey, mortgage, pledge, lease, exchange, transfer and otherwise dispose of property and assets; (17) Sue and be sued, complain and defend, in all courts of competent jurisdiction in its name; (18) Make and alter bylaws for the administration and regulation of its affairs; (19) Enter into contracts with Subscribing Agencies to provide correctional services; (20) Employ employees as necessary to accomplish the terms of this SCORE Interlocal Agreement; (21) Establish policies and procedures for adding new parties to this SCORE Interlocal Agreement; and (22) Engage in any and all other acts necessary to further the goals of this SCORE Interlocal Agreement. Section 3. Duration of Agreement. The initial duration of this SCORE Interlocal Agreement (commencing from February 25, 2009, the date of the original interlocal agreement relating to SCORE) shall be for a period of ten (10) years and, thereafter, shall automatically extend for additional five (5) year periods unless terminated as provided in this SCORE Interlocal Agreement. Notwithstanding the foregoing, this SCORE Interlocal Agreement shall not terminate until all Bonds issued by the SCORE Facility Public Development Authority as provided in Section 15 of this SCORE Interlocal Agreement are no longer outstanding. Section 4. Withdrawal and Termination. (a) Subject to Section 4(g) below, any Member City may withdraw its membership and terminate its participation in this SCORE Interlocal Agreement by providing written notice and serving that notice on the other Member Cities on or before 5 December 31 in any one-year. After providing appropriate notice as provided in this Section,that Member City's membership withdrawal shall become effective on the last day of the year following delivery and service of appropriate notice to all other Member Cities. (b) Subject to Section 3 above,four(4) or more Member Cities may, at any one time,by written notice provided to all Member Cities, call for a termination of SCORE and this SCORE Interlocal Agreement. Upon an affirmative supermajority vote (majority plus one) by the Administrative Board, SCORE shall be directed to terminate business, and a date will be set for final termination, which shall be at least one (1) year from the date of the vote to terminate this SCORE Interlocal Agreement. Upon the final termination date, this SCORE Interlocal Agreement shall be fully terminated. (c) Subject to Section 4(g) below, in the event any Member City fails to budget for or provide its applicable annual funding requirements for SCORE as provided in Section 15 hereof, the remaining Member Cities may, by majority vote, immediately declare the underfunding City to be terminated from this SCORE Interlocal Agreement and to have forfeited all its rights under this SCORE Interlocal Agreement as provided in Section 4(e). The remaining Member Cities may, at their option, withdraw SCORE's correctional services from that City, or alternatively, enter into a Subscribing Agency agreement with that City under terms and conditions as the remaining Member Cities deem appropriate. (d) Time is of the essence in giving any termination notice. (e) If an individual Owner City withdraws its membership in SCORE, the withdrawing City will forfeit any and all rights it may have to SCORE's real or personal property, or any other ownership in SCORE, unless otherwise provided by the Administrative Board. (f) Upon termination of this SCORE Interlocal Agreement, all property acquired during the life of this SCORE Interlocal Agreement shall be disposed of in the following manner: (1) All real and personal property acquired pursuant to this SCORE Interlocal Agreement shall be distributed to the Owner Cities based on the Owner Percentages; and (2) All unexpected funds or reserve funds shall be distributed based on the percentage of average daily population at the SCORE Facility for the last three (3) years prior to the termination date of those Member Cities still existing on the day prior to the termination date. (g) Notwithstanding any of the other rights, duties or obligations of any Member City under this Section 4, the withdrawal of any Owner City from this SCORE 6 Interlocal Agreement shall not discharge or relieve the Owner City that has withdrawn pursuant to Section 4(a) or been terminated pursuant to Section 4(c) of its obligation to pay debt service on Bonds issued by the. SCORE Facility Public Development Authority. An Owner City may be relieved of its obligation under this SCORE Interlocal Agreement to make payments with respect to its Capital Contribution if the Administrative Board, by supermajority vote (majority plus one), authorizes such relief based on a finding that such payments are not required to pay debt service on Bonds issued by the SCORE Facility Public Development Authority. Section 5. Administrative Board. (a) Formation. An Administrative Board composed of the Designated Representative from each Member City shall govern the affairs of SCORE. (b) Allocation of Votes. Each Board member shall have an equal vote and voice in all Board decisions. (c) Voting Requirements. Votes regarding(1)debt; (2)approval of the Budget; (3) employment of the Facility Director; (4) cost allocations made prior to the issuance of Bonds; and (5) approval of labor contracts, shall require an affirmative vote of a superinajority (majority plus one) of the Member Cities, two (2) of which shall have the highest and the second highest average daily population in the SCORE Facility for the 12- month period ending June 30 (or other such date as the Administrative Board shall determine as set forth in its financial policies) of the preceding year. Votes regarding (1)the conveyance of real property; (2)the addition of additional services pursuant to this SCORE Interlocal Agreement not directly incidental to correctional services (such as providing court services); and (3)matters addressed in Sections 4(b) and (g) and Section 15(d)(2)(iv) of this SCORE Interlocal Agreement, shall require an affirmative vote of a supermajority(majority plus one)of the Member Cities. (d) Parliamentary Authority. Unless otherwise provided, Robert's Revised Rules of Order(newly revised) shall govern all procedural matters relating to the business of the Administrative Board. (e) Officers of the Administrative Board. Members of the Administrative Board shall select a Presiding Officer from its members, together with such other officers as a majority of the Administrative Board may determine. Subject to the control of the Administrative Board, the Presiding Officer shall have general supervision, direction and control of the business and affairs of SCORE. On matters decided by the Administrative Board,the signature of the Presiding Officer alone is sufficient to bind SCORE. (f) Meetings of the Administrative Board. There shall be a minimum of two (2) meetings each year. Unless otherwise designated by the Presiding Officer, the first 7 meeting shall be held on the second Tuesday of February of each year to review the prior years' service. The second meeting shall be on the second Tuesday of September of each year to consider and adopt a Budget for the following fiscal year. Other meetings may be held upon request of the Presiding Officer or any two members.All meetings shall be open to the public to the extent required by chapter 42.30 RCW. Prior to January 1, 2020, five (5) members, and from and after January 1, 2020, four (4) members of the Administrative Board must be present at any meeting of the Administrative Board to comprise a quorum, and for the Administrative Board to transact any business. Proxy voting shall not be allowed. Members of the Administrative Board may participate in a meeting through the use of any means of communication by which all members and members of the public participating in such meeting can hear each other during the meeting. Any members of the Administrative Board participating in a meeting by such means is deemed to be present in person at the meeting for all purposes including, but not limited to, establishing a quorum. (g) Bylaws. The Administrative Board shall be authorized to establish bylaws that govern procedures of the Administrative Board and the SCORE Facility's general operations. (h) Administrative Board Review. A general or particular authorization or review and concurrence of the Administrative Board by majority vote shall be necessary for all capital expenditures or contracts in excess of$50,000. Section 6. Operations Board; Finance Committee; Other Committees. (a) Operations Board. There is established an Operations Board which shall be advisory to the Facility Director, staff and Administrative Board on operational matters of SCORE. The Administrative Board shall establish the specific purpose and duties of the Operations Board. The Operations Board shall consist of up to nine (9) members selected as provided in this paragraph. One (1) member shall be designated by each of the Member Cities, and up to three (3) at-large members shall be selected, by majority vote, by the Subscribing Agencies to represent the police departments of the Subscribing Agencies. At the time set for election of the at-large members, only the representatives of the Subscribing Agencies, then in attendance, will participate in the election. The Member Cities' Operations Board representatives shall not participate in the at-large member elections. The at-large members shall serve one-year terms, unless otherwise determined by majority vote of the Operations Board. Each member of the Operations Board shall have an equal vote in all Operations Board decisions. The Operations Board shall be authorized to establish bylaws and/or procedures that govern its operations. The Operations Board shall elect a presiding officer from its members and shall determine the time and place of its meetings. All meetings shall be open to the public if and to the extent required by chapter 42.30 RCW. 8 (b) Finance Committee. There is established a Finance Committee, which shall be advisory to the Facility Director, staff and.Administrative Board on finance matters of SCORE. The Administrative Board shall establish the specific purpose and duties of the Finance Committee. The Finance Committee shall consist of the finance directors or managers of each of the Member Cities. Each member of the Finance Committee shall have an equal vote in all Finance Committee decisions. The Finance Committee shall be authorized to establish bylaws and/or procedures that govern its operations. The Finance Committee shall elect a presiding officer from its members and shall determine the time and place of its meetings. All meetings shall be open to the public if and to the extent required by chapter 42.30 RCW. (c) Standing or Temporary Committees. The Administrative Board may, from time to time, establish permanent and/or temporary committees to assist in its operations and operations of the SCORE Facility. Section 7. Facility Director. Day to day operations of SCORE and the SCORE Facility shall be administered by a Facility Director, who shall be appointed by the Administrative Board after receiving the recommendation of the Operations Board. The Administrative Board may accept or reject the Operations Board recommendation. Such Facility Director shall be responsible to the Administrative Board, shall develop the Budget in consultation with the Operations Board and shall take other appropriate means in order to fully implement the purposes of this SCORE Interlocal Agreement. The Facility Director shall administer SCORE and the SCORE Facility in its day-to-day operations consistent with the policies adopted by the Administrative Board. Such Facility Director shall have experience in technical, financial and administrative fields,and such appointment shall be on the basis of merit only. Section 8. Personnel Policies. (a) The Operations Board shall from time to time submit proposed personnel policies or proposed amendments to existing personnel policies to the Administrative Board for their approval, rejection or modification. All of such modifications or revisions shall be subject to the final approval of the Administrative Board. (b) Such personnel policies shall provide for the initial appointment to the SCORE Facility's staff from the personnel presently, permanently appointed or assigned as corrections officers in the Member Cities. Additional employees shall be appointed by the Facility Director upon meeting the qualifications established by the Operations Board and adopted by the Administrative Board. None of such employees shall be commissioned members of any emergency service, but may be eligible for membership under the Public Employees Retirement Systems (PERS), or Public Safety Employees Retirement System (PSERS), as provided by law. 9 Section 9. Budget,Policies and Operations. (a) The Facility Director shall distribute a proposed Budget to the Operations Board on or before August 1 of each year, which Budget, including any amendments by the Operations Board thereto, shall then be provided to the Administrative Board no later than September 1 of such year. Thereafter, the Member Cities shall be advised of the programs and objectives as contained in said Budget, and of the required financial participation for the ensuing year. (b) The Administrative Board shall develop financial policies for SCORE as part of the budgetary process. Such policies may include, but are not limited to, (1)items to be provided for in the Budget, (2) a minimum contribution amount for each Member City to pay for Costs of Maintenance and Operation, (3)the process for allocating unexpended amounts paid by the Member Cities for Costs of Maintenance and Operation and assessing the Member Cities in the event of cost overruns, (4) establishing and maintaining reserve accounts, if any, and (5) the process for adding a new party to this SCORE Interlocal Agreement. (c) The allocation of prorated financial participation among the Member Cities shall be calculated as provided in Section 15 hereof. Each Member City shall be unconditionally obligated to provide its allocable share of costs as provided in this SCORE Interlocal Agreement. Section 10. Contracts and Support Services. (a) The Administrative Board (or the Operations Board or the Facility Director, if so designated by the Administrative Board) shall, as necessary, contract with local governments for the use of space for its operations, auxiliary services including but not limited to records, payroll, accounting, purchasing, and data processing, and for staff prior to the selection of a Facility Director for the SCORE Facility. (b) The Member Cities hereby agree to furnish legal assistance, from time to time, as approved by the Administrative Board. The Administrative Board may contract with the City Attorney of a Member City, other local government, or independent legal counsel as necessary. Section 11. Policy and System Evaluation. The Facility Director shall actively and continually consider and evaluate all means and opportunities toward the enhancement of operations effectiveness for correctional services so as to provide maximum and ultimate benefits to the members of the general public. The Facility Director shall present his or her recommendations to the Operations 10 Board from time to time. Any substantive change or deviation from established policy shall be subject to the prior approval of the Administrative Board. Section 12. Additional Services Authorized. The Administrative Board shall evaluate and determine the propriety of including additional correctional services for local governments, whenever so required, and shall determine the means of providing such services, together with its costs and effects. These additional services may include, but shall not be limited to the following: alternatives to incarceration, inmate transportation systems,and consolidated court services. Section 13. Inventory and Property. (a) Equipment and furnishings for the operation of the SCORE Facility shall be acquired by SCORE as provided by law. If any Member City furnishes equipment or furnishings for SCORE's use, title to the same shall remain with the respective local entity unless that equipment is acquired by SCORE. (b) The Facility Director shall, at the time of preparing the proposed Budget for the ensuing year, submit to the Operations Board a complete inventory together with current valuations of all equipment and furnishings owned by, leased or temporarily assigned to SCORE. In case of dissolution of SCORE, such assigned or loaned items shall be returned to the lending governmental entity and all other items, including real property, or funds derived from the sale thereof, shall be distributed in accordance with Section 4(f) above. (c) Title to real property purchased or otherwise acquired shall be held in the name of SCORE; provided however, that for valuable consideration received, SCORE may convey ownership of any real property as may be approved by supermajority vote (majority plus one) of the Administrative Board. Section 14. Local Control. Each Member City and Subscribing Agency shall retain the responsibility and authority for the operation of its police departments, and for such equipment and services as are required at its place of operation to utilize the SCORE Facility. Section 15. SCORE Facility Financing and Construction; SCORE Facility Public Development Authority. (a) SCORE Facility. In order to provide necessary services for the Member Cities and the Subscribing Agencies, SCORE has and/or shall acquire, construct, improve, equip, maintain and operate the SCORE Facility. The SCORE Facility is currently located in the City of Des Moines, Washington. 11 (b) Contracts for the SCORE Facility. The Administrative Board shall authorize, and the Presiding Officer of the Administrative Board, or his or her approved designee, will execute contracts for the development, improvement and maintenance of the SCORE Facility. These contracts may include, without limitation, contracts for architectural design and engineering, project management services, real estate acquisition, and construction. (c) SCORE Facility Public Development Authority. In order to finance and refinance costs of acquiring, constructing, improving and equipping the SCORE Facility, the City of Renton has chartered the SCORE Facility Public Development Authority. The purpose of the SCORE Facility Public Development Authority is to issue Bonds to finance and refinance the acquisition, construction, improvement and equipping of the SCORE Facility and for any other SCORE purpose. The Administrative Board shall serve ex officio as the Board of Directors of the SCORE Facility Public Development Authority as further provided in the Authority's organizational charter. Upon issuance of Bonds by the SCORE Facility Public Development Authority, Bond proceeds shall be deposited on behalf of SCORE and used for the purposes set forth herein. SCORE shall be obligated to make payments to the SCORE Facility Public Development Authority at the time and in the amounts required to pay principal of and interest on the Bonds and any administrative costs of the SCORE Facility Public Development Authority. (d) SCORE Facility Financing. (1) Capital Contributions. Each Owner City shall be obligated to pay an amount equal to its Capital Contribution without regard to the payment or lack thereof by any other Owner City. No Owner City shall be obligated to pay the Capital Contribution of any other Owner City, and each Owner City shall be obligated to budget for and pay its Capital Contribution. The obligation of each Owner City to pay its Capital Contribution shall be an irrevocable full faith and credit obligation of such Owner City, payable from property taxes levied within the constitutional and statutory authority provided without a vote of the electors of the Owner City on all of the taxable property within the Owner City and other sources of revenues available therefor. Each Owner City has or will set aside and include in its calculation of outstanding nonvoted general obligation indebtedness an amount equal to the principal component of its Capital Contribution for so long as Bonds remain outstanding, unless relieved of such payment in accordance with Section 4(g). Each Owner City's obligation to pay the Capital Contribution shall not be contingent on the receipt of any revenues from other sources, including but not limited to Subscribing Agencies or any Member Cities. An Owner City may prepay its Capital Contribution in a manner that is consistent with the authorizing documents for the Bonds; provided, however, that any such prepayment of one or more Owner Cities shall not affect the Capital Contribution of the 12 remaining Owner Cities. Any Owner City that elects to prepay its Capital Contribution shall be responsible for paying all costs associated with such prepayment. (2) Costs of Maintenance and Operation. Subject to the terms of the financial policies established by the Administrative Board, each Member City shall be obligated to pay its allocable portion of Costs of Maintenance and Operation of the SCORE Facility, including any debt issued to finance such costs, as determined in this subsection. (i) Until the end of the first calendar year of operations of the SCORE Facility (estimated to be December 31, 2012), the allocable portion that each Member City shall be obligated to pay of Costs of Maintenance and Operation in such year shall be equal to the Member City's 2007 average daily population in all correctional facilities (as provided in the SCORE financial policies) multiplied by the Costs of Maintenance and Operation. (ii) Commencing with the calendar year following the first calendar year of operations, the allocable portion that each Member City shall be obligated to pay of Costs of Maintenance and Operation shall be based on the Member City's average daily population in the SCORE Facility, as supplemented. as necessary with the average daily population allocable to the Member Cities in all correctional facilities, for the 12-month period ending June 30 of the preceding year. (iii) Commencing with the third calendar year of operations, the allocable portion that each Member City shall be obligated to pay of Costs of Maintenance and Operation shall be based on the Member City's average daily population in the SCORE Facility for the 12-month period ending June 30 (or other such date as the Administrative Board shall determine as set forth in its financial policies)of the preceding year. (iv) Commencing with the calendar year beginning January 1, 2020, the allocable portion that each Member City shall be obligated to pay of Costs of Maintenance and Operation shall either (A) be based on the Member City's average daily population in the SCORE Facility for the 12-month period ending June 30 (or other such date as the Administrative Board shall determine as set forth in its financial policies) of the preceding year, or (B)be based on the methodology approved by an affirmative vote of a supermajority (majority plus one)of the Member Cities. (e) Billing and Allocation of Revenues. Each Member City shall be billed for its Capital Contribution and its portion of Costs of Maintenance and Operation, as applicable, on a semiannual basis, or more frequently as determined by the Administrative Board, calculated as provided above. Revenues received in a calendar year from 13 Subscribing Agencies or from sources other than the contributions described above shall be allocated among the Member Cities either as set forth in the SCORE financial policies or as follows: (i)each Member City shall receive a credit against its obligation to pay Costs of Maintenance and Operation based on that Member City's proportional average daily population as calculated as provided above, and (ii) each Owner City shall receive a credit against its Capital Contribution based on that Owner City's proportional Owner Percentage. (f) Host City. Pursuant to RCW 35.21.740, the City of Des Moines, as the Host City, hereby authorizes the City of Renton to operate the SCORE Facility Public Development Authority within the corporate limits of the City of Des Moines in a manner consistent with the terms of this SCORE Interlocal Agreement. (g) Tax-Exemption. The Member Cities shall not (1)make any use of the proceeds from the sale of Bonds issued on a tax-exempt basis or any other money or obligations of the SCORE Facility Public Development Authority or the Member Cities that may be deemed to be proceeds of such Bonds pursuant to Section 148(a) of the Code that will cause such Bonds to be "arbitrage bonds" within the meaning of said Section and said regulations, or (2) act or fail to act in a manner that will cause such.Bonds to be considered obligations not described in Section 103(a)of the Code. (h) Additional Financing. Notwithstanding anything to the contrary in this SCORE Interlocal Agreement, bonds, notes or other evidences of borrowing may be issued from time to time by the SCORE Facility Public Development Authority or another issuer pursuant a separate agreement between one or more Member Cities and other entities to provide additional financing for the SCORE Facility on terms as agreed upon by the parties thereto. (i) Special Facility Designation. The SCORE Facility, including all equipment, furnishings, and fixtures is critical to the ability of the Member Cities and the Subscribing Agencies to provide necessary and secure correctional services and assure public safety. Consequently, the SCORE Facility is essential to the preservation of the public health, safety, and welfare. As a result, the SCORE Facility's equipment, furnishings, and fixtures are special facilities subject to unique standards. Accordingly, based on the facts presented in this subsection, it is hereby resolved that the established policy of the Member Cities is that the SCORE Facility constitutes a "special facility" under RCW 39.04.280(1)(b), and all purchases of any kind or nature for the SCORE Facility shall be exempt from competitive bidding requirements as prescribed by Washington State statute but shall be governed by the procurement policy established by the Administrative Board as amended from time to time. 14 Section 16. Compliance with.Continuing Disclosure Requirements. To the extent necessary to meet the conditions of paragraph (d)(2) of United States Securities and Exchange Commission Rule 15c2-12 (the "Rule"), as applicable to a participating underwriter or remarketing agent for the Bonds, each Owner City will enter into an undertaking in a form acceptable at the time to the participating underwriter or remarketing agent, as the case may be. Section 17. Miscellaneous. (a) Interlocal Agreement. The Member Cities agree: (1) This SCORE Interlocal Agreement is intended to create a separate administrative entity within the meaning of RCW 39.34.030(3) and not a "joint board" within the meaning of RCW 39.34.030(4)(a); (2) The Designated Representative of each Member City is appointed as the "administrator" within the meaning of RCW 39.34.030(4)(a) responsible for administering the Member City's rights and duties set forth in this SCORE Interlocal Agreement; and (3) The Parties will file or post this Agreement as required by RCW 39.34.040. (b) Governing Law. This SCORE Interlocal Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If any dispute arises between the Member Cities under any of the provisions of this SCORE Interlocal Agreement, resolution of that dispute shall be available only through the jurisdiction, venue and rules of the King County Superior Court, King County, Washington. (c) Non-Waiver of Breach. The failure of any Member City to insist upon strict performance of any provision of this SCORE Interlocal Agreement or to exercise any right based upon a breach thereof or the acceptance of any performance during such breach shall not constitute a waiver of any right under this SCORE Interlocal Agreement. (d) Compliance with all Laws. SCORE and the Member Cities shall comply with all federal, state and local laws, rules, regulations, resolutions and ordinances applicable to the performance of this SCORE Interlocal Agreement. (e) Continuation of Performance. In the event that any dispute or conflict arises between the Member Cities while this SCORE Interlocal Agreement is in effect, the Member Cities hereto agree that, notwithstanding such dispute or conflict, they shall continue to make a good faith effort to cooperate and continue work toward successful completion of assigned duties and responsibilities. 15 Section 18. Severability. If any part, paragraph, section or provision of this SCORE Interlocal Agreement is adjudged to be invalid by any court of competent jurisdiction such adjudication shall not affect the validity of any remaining section, part or provision of this SCORE Interlocal Agreement. Section 19. Effective Date; Amend and Replace Original Interlocal Agreement. This SCORE Interlocal Agreement shall become effective on 2019, the date of defeasance (the "Effective Date") of all of the outstanding 2009 SCORE Bonds. On the Effective Date, this SCORE Interlocal Agreement shall amend and restate, in its entirety, the Amended and Restated SCORE Interlocal Agreement effective October 1,2009. Section 20. Federal Way Refunding Bonds; Agreement Between SCORE and Federal Way. The City of Federal Way("Federal Way")and SCORE will enter into an agreement (the "SCORE/Federal Way Agreement") to be dated the date of defeasance of all of the outstanding 2009 SCORE Bonds. Pursuant to the SCORE/Federal Way Agreement: (a) Federal Way acknowledges that the parties hereto will enter into this SCORE Interlocal Agreement; (b)until the effective date of its withdrawal from SCORE (December 31, 2019), Federal Way will be considered a "Member City" for purposes of this SCORE Interlocal Agreement, but shall not be considered an "Owner City" and shall not in any way be responsible for paying any share of any Bonds or other debt obligations of SCORE or the SCORE Facility Public Development Authority; (c) Federal Way agrees to issue bonds and to use the proceeds thereof to repay its capital contribution with respect to the 2009 SCORE Bonds (the "Federal Way Refunding Bonds"); and (d) for as long as the Federal Way Refunding Bonds, and any bonds issued to refund such bonds, issued on a tax-exempt basis are outstanding (which as of their date of issuance are scheduled to mature on January 1, 2039), SCORE covenants that it will not provide to nongovernmental persons special legal entitlements to use the SCORE Facility in a manner that will adversely impact the tax-exempt status of any such bonds. SCORE shall monitor the use of the SCORE Facility to ensure that it complies with the terms of the SCORE/Federal Way Agreement for so long as such Federal Way Refunding Bonds,or any bonds issued to refund such bonds, are outstanding. The parties hereto approve SCORE entering into the SCORE/Federal Way Agreement. Section 21. Termination of Host City Agreement. Pursuant to Section 5 of the Host City Agreement, the parties hereto agree that the Host City Agreement shall terminate as of the Effective Date of this SCORE Interlocal 16 Agreement. As of the Effective Date of this SCORE Interlocal Agreement, Des Moines shall be an Owner City of SCORE with the same rights and privileges as the other Owner Cities as provided herein. Section 22. Execution and.Amendment. This SCORE Interlocal Agreement shall be executed on behalf of each party hereto by its Designated Representative, or other authorized officer, and pursuant to an appropriate motion, resolution or ordinance of such party. This SCORE Interlocal Agreement may not be effectively amended, changed, modified or altered, except by an instrument in writing duly executed by the Designated Representative, or other authorized officer, of each party hereto and pursuant to an appropriate motion, resolution or ordinance of such party. Notwithstanding the foregoing, so long as the Bonds are outstanding, any such amendment, in the opinion of the SCORE Facility Public Development Authority or its counsel, shall not materially adversely affect the owners of the Bonds or affect the tax-exempt status of the interest paid on the Bonds. Section 23. Third Party Beneficiaries. The SCORE Facility Public Development Authority and the holders from time to time of the Bonds shall be third party beneficiaries hereof and the commitments made in Section 15 herein shall be for their further benefit. Section 24. Hold Harmless. The parties to this SCORE Interlocal Agreement shall defend, indemnify and save one another harmless from any and all claims arising out of the performance of this SCORE Interlocal Agreement, except to the extent that the harm complained of arises from the sole negligence of one of the participating members. Any loss or liability resulting from the negligent acts errors or omissions of the Administrative Board, Operations Board, Finance Committee, Facility Director and or staff, while acting within the scope of their authority under this SCORE Interlocal Agreement shall be borne by SCORE exclusively. 17 Section 25. Counterparts This SCORE Interlocal Agreement may be executed in any number of counterparts, each of whom shall be an original, but those counterparts will constitute one and the same instrument. IN WITNESS WHEREOF, the parties hereto have executed this SCORE Interlocal Agreement as of the day and year first written above. [execution pages to follow] 18 City Council Meeting October 7, 2019 - 7:00 PM CITY OF - . City Hall Council Chambers � s MINUTES A rt Watch themeeting LIVE! WASH t 1 N GTO N Watch the meeting video Meeting videos are not available until 72 hours after the meeting has concluded. I. CALL TO ORDER 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 in Auburn and led those in attendance in the Pledge of Allegiance. B. Roll Call Councilmembers present: Deputy Mayor Bill Peloza, Bob Baggett, Larry Brown, Claude DaCorsi, John Holman, Yolanda Trout-Manuel and Largo Wales. Department directors and staff members present included: City Attorney Steve Gross, Director of Finance Jamie Thomas, Director of Human Resources& Risk Management Candis Martinson, Director of Public Works Ingrid Gaub, Director of Community Development Jeff Tate, Director of Parks,Arts, and Recreation Daryl Faber, Director of Innovation &Technology David Travis, Development Services Manager Jason Krum, Real Property Analyst Josh Arndt, Police Commander Steve Stocker and City Clerk Shawn Campbell. II. ANNOUNCEMENTS, PROCLAMATIONS,AND PRESENTATIONS A. Association of Washington Cities Presentation Presented by Peter King,Association of Washington Cities, CEO Association of Washington Cities, CEO Peter King recognized Councilmember Claude DaCorsi for serving on the Washington Cities Board of Directors for the past two years. B. National Anti-Bullying Month Mayor Backus to proclaim October 2019 as "National Anti-Bullying Month" in the city of Auburn. Mayor Backus read and presented the proclamation to Autumn Smith. C. Auburn Moutainview DECA's Stress Less Week Mayor Backus to proclaim October 7-11, 2019 as "Stress Less Week" in the city of Page 1 of 8 Auburn. Mayor Backus read and proclaimed October 7-11,2019 as"Stress Less Week" in the City of Aubum to Jordyn Starkovich, Danelle Wilhelm and Rachel Pierce. Ms. Starkovich, Ms.Wilhelm and Ms. Pierce shared their project and the activities they are working on at Mountainview High School to reduce student stress. D. Domestic Violence Awareness Month Mayor Backus to proclaim October 2019 as"Domestic Violence Awareness Month" in the city of Auburn. Mayor Backus read and proclaimed October 2019 as Domestic Violence Awareness and Prevention Month in the City of Auburn to Nancy Colson and Beth Gatzke with Soroptimist International and Angela Dannenbring with Domestic Abuse Women's Network(DAWN). Ms. Colson and Ms. Gatzke read the mission statement for Soroptimist and shared how the organization provides services to people in need. Ms. Dannenbring with DAWN provided statistics on how DAWN is helping residents in our area. Auburn Kiwanis Club President Elect Michael Hursh and Vice-President Mike Lane shared the mission of the Kiwanis club and they are starting a new activity called the "Purple Sock Walk/Run" on October 26, 2019. III. APPOINTMENTS A. Airport Advisory Board Appointment City Council to confirm the appointment of Andrea Prasse to the Auburn Municipal Airport Advisory Board fora three-year term to expire December 31,2021. Deputy Mayor Peloza moved and Councilmember Holman seconded to appoint Andrea Prasse to the Auburn Municipal Airport Advisor Board for a three-year term to expire December 31,2021. MOTION CARRIED UNANIMOUSLY. 7-0 IV. AGENDA MODIFICATIONS An update to the Agenda Bill for Resolution 5457 was provided to Council. Page 2 of 8 V. CITIZEN INPUT, PUBLIC HEARINGS AND CORRESPONDENCE A. Public Hearings 1. Public Hearing for Right-of-Way Vacation V2-19 City Council to hold a Public Hearing in consideration of Right-of-Way Vacation V2-19 Mayor Backus opened the public hearing at 7:37 p.m. Jeff Gross,Auburn School District Mr. Gross advised Council the Auburn School District concurs with the vacation of the Right-of-Way. He stated this vacation would improve safety for the students. Virginia Haugen, 2503 R ST SE Ms. Haugen stated she does not know anything about this project and may submit a records request for additional information. Director Gaub explained the purpose of the vacation. There being no one else to speak the Mayor closed the public hearing at 7:40 p.m. 2. Public Hearing for the 2020-2024 Community Development Block Grant Consolidated Plan City Council to hold a Public Hearing for the proposed Consolidated Plan 2020- 2024 Update (Consolidated Plan)and Analysis of Impediments to Fair Housing Choice Mayor Backus opened the public hearing at 7:41 p.m.No one came forward to speak.The Mayor closed the public hearing. B. Audience Participation 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. Val Erickson, 535 M Street NE,Auburn Ms. Erickson thanked staff for their help and expressed concerns with an Enhanced Services Facility being placed in a residential neighborhood. Denise Nave, 19 0 Street NE,Auburn Ms. Nave expressed her concerns with an Enhanced Services Facility in her neighborhood. Bob Zimmerman, 33029 46th Place,Auburn Mr.Zimmerman expressed disappointment that the City did not recognize Emergency Preparedness Month. He shared some predictions about future earthquakes. Page 3 of 8 Virginia Haugen, 2503 R Street SE,Auburn Ms. Haugen expressed her concern with the removal of vegetation at storm retention ponds. Joanne Alexander,2015 Hemlock Street,Auburn Ms.Alexander expressed her concerns with an Enhanced Services Facility in Auburn. C. Correspondence There was no correspondence for Council to review. VI. 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 Wales) Councilmember Wales, Chair of the Finance ad hoc committee, reported she and Councilmember DaCorsi have reviewed the claims and payroll vouchers described on the Consent Agenda this evening and recommended their approval. VII. CONSENT AGENDA All matters listed on the ConsentAgenda are considered by the City Council to be routine and will be enacted by one motion in the form listed. A. Minutes of the August 12, 2019, September 9, 2019, September 23, 2019, September 30, 2019 Study Session B. Minutes of the September 16, 2019 Regular Council Meeting C. Claim Vouchers (Thomas) Claim vouchers list dated October 7, 2019 which includes voucher numbers 455659 through 455900 in the amount of$1,979,689.35 and nine wire transfer in the amount of $847,858.48. D. Payroll Vouchers (Thomas) Payroll check numbers 538621 through 538639 in the amount of $616,964.89, electronic deposit transmissions in the amount of $2,028,324.26 for a grand total of $2,645,289.15 for the period covering September 12, 2019 to October 2, 2019, are approved for payment this 7th day of October, 2019. E. Public Works Project No. CP1516 (Gaub) City Council to Award Base Bid (Schedule A)plus Alternate Bid 2 (Schedule C)for Page 4 of 8 Contract No. 19-15,to Pivetta Brothers Construction on their low bid of$2,545,956.41 plus Washington State Sales Tax of$254,595.65 for a total contract price of $2,800,552.06 for Project No. CP1516,Airport Runway 16-34 Extension F. Setting the date of Public Hearing for Ordinance No.6736 Hudson DCT Sewer Payback Agreement#PBK18-0002 (Gaub) City Council to set the date of the Public Hearing for Ordinance No. 6736 for the Hudson DCT Sewer Payback Agreement No. PBK18-0002 for November 4, 2019 at 7 PM G. Setting the date of Public Hearing for Ordinance No.6737 for Water Payback Agreement#PBK19-0003(Gaub) City Council set the date of the Public Hearing for Ordinance No. 6738 for Water Payback Agreement No. PBK18-0003 for Hudson DCTon November 4, 2019 at 7:00PM H. Setting the date of Public Hearing for Ordinance No.6738 for Street Payback Agreement#PBK18-0004 (Gaub) City Council to set the date of the Public Hearing for Ordinance No. 6738 for Street Payback Agreement No. PBK18-0004 for Hudson Distribution Center on November 4, 2019at7PM I. Setting the date of Public Hearing for the Modification of the 2020-2025 Transportation Improvement Plan (Gaub) City Council to set the public hearing for October 21,2019 to Modify the Adopted 2020-2025 Transportation Improvement Plan Deputy Mayor Peloza moved and Councilmember Holman seconded to approve the consent agenda. MOTION CARRIED UNANIMOUSLY.7-0 VIII_ UNFINISHED BUSINESS There was no unfinished business. IX. NEW BUSINESS There was no new business. X. ORDINANCES A. Ordinance No.6729 (Gaub) An Ordinance of the City Council of the City of Auburn, Washington, Vacating Right-of- Way of 130th Avenue SE, between SE 304th Street and SE 302nd Place,within the City of Auburn,Washington Councilmember Wales moved and Councilmember Brown seconded to adopt Ordinance No. 6729. Page 5 of 8 MOTION CARRIED UNANIMOUSLY.7-0 B. Ordinance No. 6734 (Thomas) An Ordinance of the City Council of the City of Auburn, Washington related to the South Correctional Entity; authorizing the execution of an amended and restated I nterlocal Agreement relating to the;approving the City's Capital Contribution related to refunding bonds to be issued to refinance the South Correctional Entity Facility; and approving other matters related thereto Councilmember Holman moved and Councilmember Trout-Manuel seconded to adopt Ordinance No.6734. MOTION CARRIED UNANIMOUSLY.7-0 XI. RESOLUTIONS A. Resolution No. 5455 (Gaub) A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor to enter into an Easement Agreement with Motorola Solutions, Inc. Councilmember DaCorsi moved and Councilmember Baggett seconded to adopt Resolution No. 5455. MOTION CARRIED.6-1 Councilmember Wales voted no. B. Resolution No. 5456 (Tate) A Resolution of the City Council of the City of Auburn, Washington, supporting Puget Sound Regional Council's Vision 2050 Draft Plan and related to regional planning Councilmember Holman moved and Councilmember Trout-Manuel seconded to adopt Resolution No. 5456. MOTION CARRIED UNANIMOUSLY.7-0 C. Resolution No. 5457 (Hinman) A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor to execute amendments to seven separate land leases related to hangers located on the Auburn Municipal Airport Councilmember Baggett moved and Councilmember Brown seconded to adopt Resolution No. 5457 MOTION CARRIED UNANIMOUSLY.7-0 D. Resolution No. 5460(Hinman) A Resolution of the City Council of the City of Auburn, Washington,opposing Initiative Measure No.976, an initiative seeking to repeal authority to impose certain vehicle taxes,change vehicle valuation laws, and limit motor vehicle license fees to$30.00 Page 6 of 8 Councilmember Brown moved and Deputy Mayor Peloza seconded to adopt Resolution No. 5460. Mayor Backus offered the audience an opportunity to speak to Resolution No. 5460. No one came forward to speak. Councilmember Brown shared estimated losses to the State of Washington if 1-976 passes Councilmember Wales expressed concerns with the use of the current funds and does not believe additional fees should be added to the license tabs Deputy Mayor Peloza stated people do not like taxes but taxes are necessary for infrastructure in the City. MOTION CARRIED UNANIMOUSLY.6-1 Councilmember Wales voted no. XII. MAYOR AND COUNCILM EMBER REPORTS 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 Peloza reported he attended the King County Metropolitan Solid Waste Management meeting. Councilmember Trout-Manuel reported she attended the Sustainability Summit for South Sound Women for Business 2019. Councilmember DaCorsi reported that he and Senior Planner Anthony Avery attended the Affordable Housing Committee Meeting and the Affordable Housing Advisory Board Meeting. Councilmember Baggett reported that he attended the Pierce County Tacoma Board of Health Meeting. B. From the Mayor Mayor Backus recognized Deputy Mayor Peloza and Councilmember Trout-Manuel who were finalists in the Auburn Area Chamber of Commerce Spot Light award. She also reported she attended the National Alliance on Mental Illness conference where she presented on the READY Program. Page 7 of 8 XIII.ADJOURNMENT There being no further discussion,the meeting was adjourned at 8:37 p.m. APPROVED this 21st day of October, 2019. SC N CY BA A S, MAYOR Shawn Campbell, City Clerk Agendas and minutes are available to the public at the City Clerk's Office, on the City website (httpiMwww.auburnwa.gov), and via e-mail. Complete agenda packets are available for review at the City Clerk's Office. Page 8 of 8 tntcs T e $caitte Imes • City of Auburn, Finance Dept City Clerk 25 W Main St Auburn, WA 98001 Re: Advertiser Account# 107302 Agency Account#: 0 Ad#: 911761 Agency Name: Affidavit of Publication STATE OF WASHINGTON Newspaper and Publication Date(s) Counties of King and Snohomish The undersigned, on oath states that he/she is an authorized representative of The Seattle Times Company, publisher of The Seattle Times of general circulation published daily in King and Snohomish Counties, State of Washington.The Seattle Times has been approved as a legal newspaper by others of the Superior Court of King and Snohomish Counties. Seattle Times 10/10/19 The notice, in the exact form annexed, was published in the regular and entire issue of said paper or papers and distrib- uted to its subscribers during all of the said period. Agent baron SeligmanSibnattu`e f.0 �, _ c►�,� cern • Subscribed and sworn to before me on 1 %1 0 _ .�.�-��.�: 1. DATE . Pebble Col antes (Notary Signature) Notary Public in and for the State of Washington, residing at Seattle O Re: Advertiser Account # 107302 Ad#: 911761 Agency Account #: 0 Agency Name: AD TEXT ROF AUBURN ORDINANCE NO.6734 An Ordinance of the City Council of the City of Auburn,Washington related to the South Correctional Entity;authorizing the execution of an amended and restated In- terlocal Agreement relating to the entity; approving the City's Capital Contribution related to refunding bonds to be issued to refinance the South Correctional Entity Facility;and approving other matters re- lated thereto INTRODUCED, PASSED, APPROVED: October 7,2019 The full text of the above Ordinance, which is summarized in this publication, will be mailed without charge to any per- son who requests the text thereof from the Auburn City Clerk. Published in the Seattle Times October 10, 2019. This ordinance is effective five days after publication.