Loading...
HomeMy WebLinkAbout05-05-2025 Agenda City Council Regular Meeting May 5, 2025 - 7:00 PM City Hall Council Chambers AGENDA CALL TO ORDER LAND ACKNOWLEDGEMENT We would like to acknowledge the Federally Recognized Muckleshoot Indian Tribe, the ancestral keepers of the land we are gathered on today. We thank them for their immense contributions to our state and local history, culture, economy, and identity as Washingtonians. PUBLIC PARTICIPATION A. The Auburn City Council Meeting scheduled for Monday, May 5, 2025, at 7:00 p.m. will be held in person and virtually. Virtual Participation Link: To view the meeting virtually please click the below link, or call into the meeting at the phone number listed below. The link to the Virtual Meeting is: https://www.youtube.com/user/watchauburn/live/?nomobile=1 To listen to the meeting by phone or Zoom, please call the number below or click the link: Telephone: 253 205 0468 Toll Free: 888 475 4499 Zoom: https://us06web.zoom.us/j/85214908964 PLEDGE OF ALLEGIANCE ROLL CALL ANNOUNCEMENTS, MAYOR'S PROCLAMATIONS, AND PRESENTATIONS A. National Police Week and Peace Officers Memorial Day Mayor Backus to proclaim May 11 – May 17, 2025, as "National Police Week" and May 15, 2025, as “Peace Officers Memorial Day” in the City of Auburn B. Professional Municipal Clerks Week Mayor Backus to proclaim May 4 – May 10, 2025, as “Professional Municipal Clerks Week” in the City of Auburn C. Affordable Housing Week Mayor Backus to proclaim May 12 – May 16, 2025, as “Affordable Housing Week” in the City of Auburn Page 1 of 183 D. Asian American, Native Hawaiian and Pacific Islander Heritage Month Mayor Backus to proclaim May 2025 as "Asian American, Native Hawaiian and Pacific Islander Heritage Month" in the City of Auburn E. Jewish American Heritage Month Mayor Backus to proclaim May 2025 as "Jewish American Heritage Month" in the City of Auburn F. Older Americans Month Mayor Backus to proclaim May 2025 as "Older Americans Month" in the City of Auburn AGENDA MODIFICATIONS PUBLIC HEARINGS A. Public Hearing for Level 3 Communications, LLC Franchise Agreement No. FRN23-0004 (Gaub) A Public Hearing to consider Franchise Agreement No. FRN23-0004 for Level 3 Communications, LLC B. Public Hearing for Ordinance No. 6978 (Krum) A Public Hearing to consider an Ordinance relating to the adoption of a 6-month moratorium for Energy Storage System facilities proposed to be located in the City of Auburn AUDIENCE PARTICIPATION This is the place on the agenda where the public is invited to speak to the City Council on any issue. A. The 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 Auburn Attn: Shawn Campbell, City Clerk 25 W Main St Auburn, WA 98001 Please fax written comments to: Attn: Shawn Campbell, City Clerk Fax number: 253-804-3116 Email written comments to: publiccomment@auburnwa.gov If an individual requires 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 accommodation to be able to provide a remote oral comment by contacting the City Clerk’s Office in person, by phone (253) 931-3039, or by email (publiccomment@auburnwa.gov). Page 2 of 183 CORRESPONDENCE 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. A. Council Rules of Procedure Ad Hoc Committee (Baldwin) CONSENT AGENDA All matters listed on the Consent Agenda are considered by the City Council to be routine and will be enacted by one motion in the form listed. A. Minutes from the April 7 and 14, 2025, Special City Council Meetings B. Minutes from the April 21, 2025, Regular City Council Meeting C. Minutes from the April 28, 2025, Study Session Meeting D. Claims Vouchers (Thomas) Claims voucher list dated April 23, 2025, which includes voucher numbers 479540 through voucher 479696, in the amount of $2,277,895.89, nine electronic fund transfers in the amount of $18,186.08, and four wire transfers in the amount of $878,679.34 E. Payroll Voucher (Thomas) Payroll check numbers 539673 through 539678 in the amount of $692,244.77, electronic deposit transmissions in the amount of $2,604,065.33, for a grand total of $3,296,310.10 for the period covering April 17, 2025, to April 30, 2025 (RECOMMENDED ACTION: Move to approve the Consent Agenda.) UNFINISHED BUSINESS NEW BUSINESS ORDINANCES A. Ordinance No. 6978 (Krum) An Ordinance relating to adoption of a temporary 6-month moratorium on the acceptance, processing, and/or approval of applications for Building and Land Use Development Permits and related Land Use Decisions for Energy Storage System Facilities proposed to be located within the City of Auburn (RECOMMENDED ACTION: Move to approve Ordinance No. 6978.) RESOLUTIONS A. Resolution No. 5825 (Hay) A Resolution adopting the 2025-2029 Consolidated Plan and the 2025 Annual Action Plan (RECOMMENDED ACTION: Move to adopt Resolution No. 5825.) Page 3 of 183 B. Resolution No. 5826 (Whalen) A Resolution declaring certain Real Property as surplus and authorizing its disposal (RECOMMENDED ACTION: Move to adopt Resolution No. 5826.) C. Resolution No. 5827 (Martinson) A Resolution authorizing the Mayor to terminate the Interlocal Agreement between the City of Auburn and King County to stand up the City of Auburn Municipal Court (RECOMMENDED ACTION: Move to adopt Resolution No. 5827.) D. Resolution No. 5830 (Gaub) A Resolution authorizing the Mayor to execute and administer agreements between the City of Auburn and the Washington State Department of Commerce relating to Project No. CP2141, Downtown Auburn Theater (RECOMMENDED ACTION: Move to adopt Resolution No. 5830.) MAYOR AND COUNCILMEMBER 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 B. From the Mayor ADJOURNMENT Agendas and minutes are available to the public at the City Clerk's Office and on the City website (http://www.auburnwa.gov). Page 4 of 183 AGENDA BILL APPROVAL FORM Agenda Subject: Meeting Date: Public Hearing for Level 3 Communications, LLC Franchise Agreement No. FRN23-0004 (Gaub) A Public Hearing to consider Franchise Agreement No. FRN23-0004 for Level 3 Communications, LLC May 5, 2025 Department: Attachments: Budget Impact: Public Works DRAFT Ordinance No. 6974 Administrative Recommendation: City Council to hold a Public Hearing in consideration of Franchise Agreement No. FRN23-0004 for Level 3 Communications, LLC for a Fiber Optic Telecommunications Franchise. Background for Motion: Background Summary: Section 20.04.040 of the Auburn City Code requires the City to hold a Public Hearing before granting or denying a Franchise Agreement. Franchise Agreement No. FRN23-0004 for Level 3 Communications, LLC will allow Level 3 to continue to operate their existing fiber optic telecommunications facilities within the City’s public way. The date of the Public Hearing was set by consent on April 21, 2025. Councilmember: Tracy Taylor Staff: Ingrid Gaub Page 5 of 183 ------------------------------ Ordinance No. 6974 Franchise Agreement No. FRN23-0004 February 25, 2025 Page 1 of 19 ORDINANCE NO. 6974 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, GRANTING TO LEVEL 3 COMMUNICATIONS, LLC, A FRANCHISE FOR FIBER OPTIC TELECOMMUNICATIONS. WHEREAS, Level 3 Communications, LLC (“Franchisee”) has applied for a non-exclusive Franchise for the right of entry, use, and occupation of certain public ways within the City of Auburn (“City”), expressly to install, construct, erect, operate, maintain, repair, relocate and remove its facilities in, on, over, under, along and/or across those public ways; and WHEREAS, following proper notice, the City Council held a public hearing on Franchisee’s request for a Franchise; and WHEREAS, based on the information presented at such public hearing, and from facts and circumstances developed or discovered through independent study and investigation, the City Council now deems it appropriate and in the best interest of the City to grant the Franchise to Franchisee. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN WASHINGTON, DO ORDAIN as follows: Section 1. Definitions For the purpose of this Franchise and the interpretation and enforcement thereof, definitions of words and phrases shall be in accordance with the definitions set forth in this Franchise and in Auburn City Code 20.02.020. If there is a conflict between any of the definitions set forth in this Franchise and the definitions set forth in Auburn City Code 20.02.020, the definitions in this Franchise shall govern to the extent of such conflict. A. “ACC” means the Auburn City Code. B. “Franchise” means this agreement approved by Ordinance No. 6974 of the City which authorizes Franchisee Facilities to provide Franchisee Services in the Franchise Area. C. “Franchise Area” means the public ways specified in Exhibit “A”. Page 6 of 183 ------------------------------ Ordinance No. 6974 Franchise Agreement No. FRN23-0004 February 25, 2025 Page 2 of 19 D. “Franchisee’s Facilities” means fiber optic and broad band communications services constructed and operated within the public ways including all cables, wires, conduits, ducts, pedestals, and any associated converter equipment or other items necessary for Telecommunications Services as defined in RCW 35.99.010(7), that are located in the Franchise Area. Franchisee’s Facilities do not include facilities used to provide wireless services, including antennas or other equipment, appliances, attachments and appurtenances associated with wireless telecommunications facilities. Franchisee’s facilities do not include small wireless facilities, microcell, minor facility, or small cell facilities, as defined in RCW 80.36.375. Franchisee’s facilities do not include any facilities that are not located within the Franchise Area or that are covered under a separate franchise agreement or agreement. E. “Franchisee’s Services” means any telecommunications service, telecommunications capacity, or dark fiber, provided by the Franchisee using its Facilities, including, but not limited to, the transmission of voice, data or other electronic information, or other subsequently developed technology that carries a signal over fiber optic cable. Franchisee’s Services will also include non-switched, dedicated and private line, high capacity fiber optic transmission services to firms, businesses or institutions within the City and other lawful services not prohibited by this Ordinance. However, Franchisee’s Services will not include the provision of “cable services”, as defined by 47 U.S.C. §522, as amended, for which a separate franchise would be required. Section 2. Grant of Right to Use Franchise Area A. Subject to the terms and conditions stated in this Franchise, the City grants to the Franchisee general permission to enter, use, and occupy the Franchise Area, located within the incorporated area of the City. Franchisee may locate the Franchisee’s Facilities within the Franchise Area subject to all applicable laws, regulations, and permit conditions. B. The Franchisee is authorized to install, remove, construct, erect, operate, maintain, relocate, upgrade, replace, restore, and repair Franchisee’s Facilities to provide Franchisee’s Services in the Franchise Area. C. This Franchise does not authorize the use of the Franchise Area for any facilities or services other than Franchisee Facilities and Franchisee Services, and it extends no rights or privilege relative to any facilities or services of any type, including Franchisee Facilities and Franchisee Services, on public or private property elsewhere within the City. Page 7 of 183 ------------------------------ Ordinance No. 6974 Franchise Agreement No. FRN23-0004 February 25, 2025 Page 3 of 19 D. This Franchise is non-exclusive and does not prohibit the City from entering into other agreements, including franchise agreements, impacting the Franchise Area, for any purpose that does not interfere with Franchisee’s rights under this Franchise. E. Except as explicitly set forth in this Franchise, this Franchise does not waive any rights that the City has or may acquire with respect to the Franchise Area or any other City roads, public ways, or property. This Franchise will be subject to the power of eminent domain, and in any proceeding under eminent domain, the Franchisee acknowledges its use of the Franchise Area shall have no value. F. The City reserves the right to change, regrade, relocate, abandon, or vacate any public way within the Franchise Area. If, at any time during the term of this Franchise, the City vacates any portion of the Franchise Area containing Franchisee Facilities, the City may reserve an easement for public utilities within that vacated portion, pursuant to Chapter 35.79.030 RCW, within which the Franchisee may continue to operate any existing Franchisee Facilities under the terms of this Franchise for the remaining period set forth under Section 4. G. The Franchisee agrees that its use of Franchise Area shall at all times be subordinated to and subject to the City and the public’s need for municipal infrastructure, travel, and access to the Franchise Area, except as may be otherwise required by law. H. The Franchisee agrees to provide the City with complete contact information for any client, lessee, sub-lessee, customer, or other entity that Franchisee allows to utilize, control, access, or otherwise provides services to, who will also use the Franchisee Facilities to provide services to their clients and customers either inside or outside the City limits. Such contact information shall be provided to the City a minimum of sixty (60) days prior to the start of such anticipated use so that the City may determine if Franchisee’s client, lessee, sub- lessee, customer, or other entity is required to obtain a franchise agreement with the City prior to such use. If the client, lessee, sub-lessee, customer, or other entity is required to obtain a franchise agreement with the City, then the Franchisee shall not allow use, control, access, or otherwise provide services to such entity until the required franchise agreement has been obtained. Section 3. Notice A. Written notices to the parties shall be sent by a nationally recognized overnight courier or by certified mail to the following addresses, unless a different address is designated in writing and delivered to the other party. Any such notice Page 8 of 183 ------------------------------ Ordinance No. 6974 Franchise Agreement No. FRN23-0004 February 25, 2025 Page 4 of 19 shall become effective upon receipt by certified mail, confirmed delivery by overnight courier, or the date stamped received by the City. Any communication made by e-mail or similar method will not constitute notice pursuant to this Franchise, except in case of emergency notification. City: Right-of-Way Specialist, Public Works Department - Transportation City of Auburn 25 West Main Street Auburn, WA 98001-4998 Telephone: (253) 931-3010 Email Address: rowusepermit@auburnwa.gov with a copy to: City Clerk City of Auburn 25 West Main Street Auburn, WA 98001-4998 Franchisee: Level 3 Communications, LLC Attn: James Nickerson 5325 Zuni Street Denver, CO 80221 Telephone: (720) 888-4429 Email Address: james.nickerson@lumen.com with a copy to: Level 3 Communications, LLC Attn: James Nickerson 931 14th Street Denver, CO 80202 Telephone: (720) 888-4429 Email Address: james.nickerson@lumen.com B. Any changes to the above-stated Franchisee information shall be sent to the City’s Right-of-Way Specialist, Public Works Department – Transportation Division, with copies to the City Clerk, referencing the title of this Franchise. C. The above-stated Franchisee voice telephone numbers shall be staffed at least during normal business hours, Pacific time zone. The City may contact Franchisee at the following number for emergency or other needs outside of normal business hours of the Franchisee: (877) 453-8353. Page 9 of 183 ------------------------------ Ordinance No. 6974 Franchise Agreement No. FRN23-0004 February 25, 2025 Page 5 of 19 Section 4. Term of Franchise A. This Franchise shall run for a period of fifteen (15) years, from the date of Franchise Acceptance as described in Section 5 of this Franchise. B. Automatic Extension. If the Franchisee fails to formally apply for a new franchise agreement prior to the expiration of this Franchise’s term or any extension thereof, this Franchise automatically continues month to month until a new franchise agreement is applied for and approved under the then current process or until either party gives written notice at least one hundred and eighty (180) days in advance of intent to cancel this Franchise. Section 5. Acceptance of Franchise A. This Franchise will not become effective until Franchisee files with the City Clerk (1) the Statement of Acceptance (Exhibit “B”), (2) all verifications of insurance coverage specified under Section 16, (3) the financial security specified in Section 17, and (4) payment of any outstanding application fees required in the City Fee Schedule. These four items will collectively be the “Franchise Acceptance”. The date that such Franchise Acceptance is filed with the City Clerk will be the effective date of this Franchise. B. If the Franchisee fails to file the Franchise Acceptance with the City Clerk within thirty (30) days after the effective date of the ordinance approving the Franchise as described in Section 28 of this Franchise, the City’s grant of the Franchise will be null and void. Section 6. Construction and Maintenance A. The Franchisee shall apply for, obtain, and comply with the terms of all permits required under applicable law for any work done within the City. Franchisee will comply with all applicable City, State, and Federal codes, rules, regulations, and orders in undertaking such work. B. Franchisee agrees to coordinate its activities with the City and all other utilities located within the public way within which Franchisee is undertaking its activity. C. The City expressly reserves the right to prescribe how and where Franchisee’s Facilities will be installed within the public way and may require the removal, relocation and/or replacement thereof in the public interest and safety at the expense of the Franchisee as provided for in Chapter 35.99 RCW. Page 10 of 183 ------------------------------ Ordinance No. 6974 Franchise Agreement No. FRN23-0004 February 25, 2025 Page 6 of 19 D. Before beginning any work within the public way, the Franchisee will comply with the One Number Locator provisions of Chapter 19.122 RCW to identify existing utility infrastructure. E. Tree Trimming. Upon prior written approval of the city the Franchisee shall have the authority to trim trees upon and overhanging streets, public ways and places in the Franchise Area so as to prevent the branches of such trees from coming in physical contact with the Franchisee’s Facilities. Franchisee shall be responsible for debris removal from such activities. If such debris is not removed within 24 hours, the City may, at its sole discretion, remove such debris and charge the Franchisee for the cost thereof. This section does not, in any instance, grant automatic authority to clear vegetation for purposes of providing a clear path for radio signals. Any such general vegetation clearing will require other permits as necessary from the City. Section 7. Trench Repair for Street Restorations A. At any time during the term of this Franchise, if a Franchisee Facility or trench within the Franchise Area causes a street to crack, settle, or otherwise fail, the City will notify Franchisee of the deficiency and Franchisee agrees to restore the deficiency and repair the damage within thirty (30) days of written notice by the City. B. For purposes of the Section, “street” shall mean all City owned improvements within a public way, including, but not limited to, the following: pavement, sidewalks, curbing, above and below-ground utility facilities, and traffic control devices. Section 8. Repair and Emergency Work In the event of an emergency, the Franchisee may commence repair and emergency response work as required under the circumstances. The Franchisee will notify the City telephonically during normal business hours (at 253-931-3010) and during non-business hours (at 253-876-1985) as promptly as possible, before such repair or emergency work commences, and in writing as soon thereafter as possible. Such notification shall include the Franchisee’s emergency contact phone number for corresponding response activity. The City may commence emergency response work, at any time, without prior written notice to the Franchisee, but will notify the Franchisee in writing as promptly as possible under the circumstances. Franchisee will reimburse the City for the City’s actual cost of performing emergency response work. Page 11 of 183 ------------------------------ Ordinance No. 6974 Franchise Agreement No. FRN23-0004 February 25, 2025 Page 7 of 19 Section 9. Damages to City and Third-Party Property Franchisee agrees that if any of its actions, or the actions of any person, agent, or contractor acting on behalf of the Franchisee under this Franchise impairs or damages any City property, survey monument, or property owned by a third-party, Franchisee will restore, at its own cost and expense, the property to a safe condition. Upon returning the property to a safe condition, the property shall then be returned to the condition it was in immediately prior to being damaged (if the safe condition of the property is not the same as that which existed prior to damage). All repair work shall be performed and completed to the satisfaction of the City Engineer. Section 10. Location Preference A. Any structure, equipment, appurtenance or tangible property of a utility or other franchisee, other than the Franchisee’s, which was installed, constructed, completed or in place prior in time to Franchisee’s application for a permit to construct or repair Franchisee’s Facilities under this Franchise shall have preference as to positioning and location with respect to the Franchisee’s Facilities. However, to the extent that the Franchisee’s Facilities are completed and installed before another utility or other franchisee’s submittal of a permit for new or additional structures, equipment, appurtenances, or tangible property, then the Franchisee’s Facilities will have priority. These rules governing preference shall continue when relocating or changing the grade of any City road or public way. A relocating utility or franchisee will not cause the relocation of another utility or franchisee that otherwise would not require relocation. This Section will not apply to any City facilities or utilities that may in the future require the relocation of Franchisee’s Facilities. Such relocations will be governed by Section 11 and Chapter 35.99 RCW. B. Franchisee will maintain a minimum underground horizontal separation of five (5) feet from City water, sanitary sewer and storm sewer facilities and ten (10) feet from above-ground City water facilities; provided, that for development of new areas, the City, in consultation with Franchisee and other utility purveyors or authorized users of the public way, will develop guidelines and procedures for determining specific utility locations. Section 11. Relocation of Franchisee Facilities A. Except as otherwise so required by law, Franchisee agrees to relocate, remove, or reroute its facilities as ordered by the City Engineer at no expense or liability to the City, except as may be required by Chapter 35.99 RCW. Pursuant to the provisions of Section 15, Franchisee agrees to protect and save Page 12 of 183 ------------------------------ Ordinance No. 6974 Franchise Agreement No. FRN23-0004 February 25, 2025 Page 8 of 19 harmless the City from any customer or third-party claims for service interruption or other losses in connection with any such change, relocation, abandonment, or vacation of the public way. B. If a readjustment or relocation of the Franchisee Facilities is necessitated by a request from a party other than the City, that party shall pay the Franchisee the actual costs associated with such relocation. Section 12. Abandonment and or Removal of Franchisee Facilities A. Within one hundred and eighty days (180) of Franchisee’s permanent cessation of use of the Franchisee’s Facilities, the Franchisee will, at the City’s discretion, either abandon in place or remove the affected facilities. B. Franchisee may ask the City in writing to abandon, in whole or in part, all or any part of the Franchisee’s Facilities. Any plan for abandonment of Franchisee Facilities must be approved in writing by the City. C. The parties expressly agree that this Section will survive the expiration, revocation or termination of this Franchise. Section 13. Undergrounding A. The parties agree that this Franchise does not limit the City’s authority under federal law, state law, or local ordinance, to require the undergrounding of utilities. B. Whenever the City requires the undergrounding of aerial utilities in the Franchise Area, the Franchisee will underground the Franchisee’s Facilities in the manner specified by the City Engineer at no expense or liability to the City, except as may be required by Chapter 35.99 RCW. Where other utilities are present and involved in the undergrounding project, Franchisee will only be required to pay its fair share of common costs borne by all utilities, in addition to the costs specifically attributable to the undergrounding of Franchisee’s Facilities. Common costs will include necessary costs for common trenching and utility vaults. Fair share will be determined in comparison to the total number and size of all other utility facilities being undergrounded. Section 14. Franchisee Information A. Franchisee agrees to supply, at no cost to the City, any information reasonably requested by the City to coordinate municipal functions with Franchisee’s activities and fulfill any municipal obligations under state law. Said Page 13 of 183 ------------------------------ Ordinance No. 6974 Franchise Agreement No. FRN23-0004 February 25, 2025 Page 9 of 19 information will include, at a minimum, as-built drawings of Franchisee’s Facilities, installation inventory, and maps and plans showing the location of existing or planned facilities within the City. Said information may be requested either in hard copy or electronic format, compatible with the City’s data base system, including the City’s Geographic Information System (GIS) data base. Franchisee will keep the City informed of its long-range plans for coordination with the City’s long-range plans. B. The parties understand that Chapter 42.56 RCW and other applicable law may require public disclosure of information given to the City. Section 15. Indemnification and Hold Harmless A. Franchisee shall defend, indemnify, and hold harmless the City, its officers, officials, employees and volunteers from and against any and all claims, suits, actions, or liabilities for injury or death of any person, or for loss or damage to property, which arises out of Franchisee’s acts, errors or omissions, or from the conduct of Franchisee’s business, or from any activity, work or thing done, permitted, or suffered by Franchisee arising from or in connection with this Franchise, except only such injury or damage as shall have been occasioned by the sole negligence of the City, its officers, officials, employees, and volunteers. However, should a court of competent jurisdiction determine that this Franchise is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Franchisee and the City, its officers, officials, employees, and volunteers, the Franchisee’s liability hereunder shall be only to the extent of the Franchisee’s negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Franchisee’s waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Franchise. B. The Franchisee will hold the City harmless from any liability arising out of or in connection with any damage or loss to the Franchisee’s Facilities caused by maintenance and/or construction work performed by, or on behalf of, the City within the Franchise Area or any other City road, public way, or other property, except to the extent any such damage or loss is directly caused by the negligence of the City, or its agents, its officers, officials, employees, and volunteers performing such work. Page 14 of 183 ------------------------------ Ordinance No. 6974 Franchise Agreement No. FRN23-0004 February 25, 2025 Page 10 of 19 C. The Franchisee acknowledges that neither the City nor any other public agency with responsibility for firefighting, emergency rescue, public safety or similar duties within the City has the capability to provide trench, close trench or confined space rescue. The Franchisee, and its agents, assigns, successors, or contractors, will make such arrangements as Franchisee deems fit for the provision of such services. The Franchisee will hold the City harmless from any liability arising out of or in connection with any damage or loss to the Franchisee for the City’s failure or inability to provide such services, and, pursuant to the terms of Section 15(A), the Franchisee will indemnify the City against any and all third-party costs, claims, injuries, damages, losses, suits, or liabilities based on the City’s failure or inability to provide such services. Section 16. Insurance A. The Franchisee shall procure and maintain for the duration of this Franchise and as long as Franchisee has Facilities in the public way, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the Franchise and use of the public way. B. No Limitation. The Franchisee’s maintenance of insurance as required by this Franchise shall not be construed to limit the liability of the Franchisee to the coverage provided by such insurance or otherwise limit the City’s recourse to any remedy available at law or in equity. C. Minimum Scope of Insurance. The Franchisee shall obtain insurance of the types and coverage described below: 1. Commercial General Liability insurance shall be at least as broad as Insurance Services Office (ISO) occurrence form CG 00 01 and shall cover liability arising from premises, operations, stop gap liability, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. There shall be no exclusion for liability arising from explosion, collapse or underground property damage. The City shall be included as an additional insured under the Franchisee’s Commercial General Liability insurance policy with respect this Franchise using ISO endorsement CG 20 12 05 09 if the Franchise is considered a master permit as defined by RCW 35.99.010, or CG 20 26 07 04 if it is not, or substitute endorsement providing at least as broad coverage. 2. Automobile Liability insurance covering all owned, non- owned, hired and leased vehicles. Coverage shall be at least as broad as ISO form CA 00 01. Page 15 of 183 ------------------------------ Ordinance No. 6974 Franchise Agreement No. FRN23-0004 February 25, 2025 Page 11 of 19 3. Contractors Pollution Liability insurance shall be in effect throughout the entire Franchise covering losses caused by pollution conditions that arise from the operations of the Franchisee. Contractors Pollution Liability shall cover bodily injury, property damage, cleanup costs and defense, including costs and expenses incurred in the investigation, defense, or settlement of claims. 4. Workers’ Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 5. Excess or Umbrella Liability insurance shall be excess over and at least as broad in coverage as the Franchisee’s Commercial General Liability and Automobile Liability insurance. The City shall be included as an additional insured on the Franchisee’s Excess or Umbrella Liability insurance policy. D. Minimum Amounts of Insurance. The Franchisee shall maintain insurance that meets or exceeds the following limits: 1. Commercial General Liability insurance shall be written with limits no less than $5,000,000 each occurrence, $5,000,000 general aggregate. 2. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $5,000,000 per accident. 3. Contractors Pollution Liability insurance shall be written in an amount of at least $2,000,000 per loss, with an annual aggregate of at least $2,000,000. 4. Workers’ Compensation coverage as required by the Industrial Insurance laws of the State of Washington and employer’s liability insurance with limits of not less than $1,000,000. 5. Excess or Umbrella Liability insurance shall be written with limits of not less than $5,000,000 per occurrence and annual aggregate. The Excess or Umbrella Liability requirement and limits may be satisfied instead through Franchisee’s Commercial General Liability and Automobile Liability insurance, or any combination thereof that achieves the overall required limits. Page 16 of 183 ------------------------------ Ordinance No. 6974 Franchise Agreement No. FRN23-0004 February 25, 2025 Page 12 of 19 E. Other Insurance Provisions. Franchisee’s Commercial General Liability, Automobile Liability, Excess or Umbrella Liability, Contractors Pollution Liability insurance policy or policies are to contain, or be endorsed to contain, that they shall be primary insurance as respect to the City. Any insurance, self- insurance, or self-insured pool coverage maintained by the City shall be excess of the Franchisee’s insurance and shall not contribute with it. F. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A: VII. G. Subcontractors. The Franchisee shall cause each and every Subcontractor to provide insurance coverage that complies with all applicable requirements of the Franchisee-provided insurance as set forth herein, including limits no less than what is required of Franchisee under this Franchise. The Franchisee shall ensure that the City is an additional insured on each and every Subcontractor’s Commercial General liability insurance policy using an endorsement as least as broad as ISO CG 20 26. H. Verification of Coverage. The Franchisee shall furnish the City with certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of this Franchise. Upon request by the City in the event of a claim giving rise to a coverage dispute, the Franchisee shall furnish certified copies of all required applicable insurance policies involved in such dispute, including endorsements, required in this Franchise and evidence of all subcontractors’ coverage. I. Notice of Cancellation. Franchisee shall provide the City with written notice of any policy cancellation within two business days of their receipt of such notice. J. Failure to Maintain Insurance. Failure on the part of the Franchisee to maintain the insurance as required shall constitute a material breach of the Franchise, upon which the City may, after giving five business days’ notice to the Franchisee to correct the breach, terminate the Franchise. K. City Full Availability of Franchisee Limits. If the Franchisee maintains higher insurance limits than the minimums shown above, the City shall be insured for the full available limits of Commercial General and Excess or Umbrella liability maintained by the Franchisee, irrespective of whether such limits maintained by the Franchisee are greater than those required by this Franchise or whether any certificate of insurance furnished to the City evidences limits of liability lower than those maintained by the Franchisee. Page 17 of 183 ------------------------------ Ordinance No. 6974 Franchise Agreement No. FRN23-0004 February 25, 2025 Page 13 of 19 L. Franchisee – Self-Insurance. Franchisee will have the right to self- insure any or all of the above-required insurance. Any such self-insurance is subject to approval by the City. If the Franchisee is self-insured or becomes self- insured during the term of the Franchise, Franchisee or its affiliated parent entity shall comply with the following: (i) Franchisee shall submit a letter to the City stating which of the above required insurance provisions in this Section 15 Franchisee proposes to self-insure; (ii) provide the City, upon request, a copy of Franchisee’s or its parent company’s most recent audited financial statements, if such financial statements are not otherwise publicly available; (iii) Franchisee or its parent company is responsible for all payments within the self-insured retention; and (iv) Franchisee assumes all defense and indemnity obligations as outlined in Section 15. Section 17. Financial Security The Franchisee will provide the City with a financial security in the amount of Fifty Thousand Dollars ($50,000.00) running for, or renewable for, the term of this Franchise, in a form and substance acceptable to the City. If Franchisee fails to substantially comply with any one or more of the provisions of this Franchise, the City may recover jointly and severally from the principal and any surety of that financial security any damages suffered by the City as a result Franchisee’s failure to comply, including but not limited to staff time, material and equipment costs, compensation or indemnification of third parties, and the cost of removal or abandonment of facilities. Franchisee specifically agrees that its failure to comply with the terms of Section 20 will constitute damage to the City in the monetary amount set forth in that section. Any financial security will not be construed to limit the Franchisee’s liability to the security amount, or otherwise limit the City’s recourse to any remedy to which the City is otherwise entitled at law or in equity. Section 18. Successors and Assignees A. All the provisions, conditions, regulations and requirements contained in this Franchise are binding upon the successors, assigns of, and independent contractors of the Franchisee, and all rights and privileges, as well as all obligations and liabilities of the Franchisee will inure to its successors, assignees and contractors equally as if they were specifically mentioned herein wherever the Franchisee is mentioned. B. This Franchise will not be leased, assigned or otherwise alienated without the express prior consent of the City by ordinance, which shall not be unreasonably denied, conditioned or delayed. Page 18 of 183 ------------------------------ Ordinance No. 6974 Franchise Agreement No. FRN23-0004 February 25, 2025 Page 14 of 19 C. Franchisee and any proposed assignee or transferee will provide and certify the following to the City not less than ninety (90) days prior to the proposed date of transfer: (1) Complete information setting forth the nature, term and conditions of the proposed assignment or transfer; (2) All information required by the City of an applicant for a Franchise with respect to the proposed assignee or transferee; and, (3) An application fee in the amount established by the City’s fee schedule, plus any other costs actually and reasonably incurred by the City in processing, and investigating the proposed assignment or transfer. D. Before the City’s consideration of a request by Franchisee to consent to a Franchise assignment or transfer, the proposed Assignee or Transferee will file with the City a written promise to unconditionally accept all terms of the Franchise, effective upon such transfer or assignment of the Franchise. The City is under no obligation to undertake any investigation of the transferor’s state of compliance and failure of the City to insist on full compliance before transfer does not waive any right to insist on full compliance thereafter. Section 19. Dispute Resolution A. In the event of a dispute between the City and the Franchisee arising by reason of this Franchise, the dispute will first be referred to the operational officers or representatives designated by City and Franchisee to have oversight over the administration of this Franchise. The officers or representatives will meet within thirty (30) calendar days of either party's request for a meeting, whichever request is first, and the parties will make a good faith effort to achieve a resolution of the dispute. B. If the parties fail to achieve a resolution of the dispute in this manner, either party may then pursue any available judicial remedies. This Franchise will be governed by and construed in accordance with the laws of the State of Washington. If any suit, arbitration, or other proceeding is instituted to enforce any term of this Franchise, the parties specifically understand and agree that venue will be exclusively in King County, Washington. The prevailing party in any such action will be entitled to its attorneys’ fees and costs. Section 20. Enforcement and Remedies A. If the Franchisee willfully violates or fails to comply with any of the provisions of this Franchise through willful or unreasonable negligence or fails to comply with any notice given to Franchisee under the provisions of this Franchise, the City may, at its discretion, provide Franchisee with written notice to cure the breach within thirty (30) days of notification. If the parties determine the breach cannot be cured within thirty days, the City may specify a longer cure period and Page 19 of 183 ------------------------------ Ordinance No. 6974 Franchise Agreement No. FRN23-0004 February 25, 2025 Page 15 of 19 condition the extension of time on Franchisee’s submittal of a plan to cure the breach within the specified period, commencement of work within the original thirty-day cure period, and diligent prosecution of the work to completion. If the breach is not cured within the specified time, or the Franchisee does not comply with the specified conditions, the City may, at its discretion, either (1) revoke the Franchise with no further notification, or (2) claim damages of Two Hundred Fifty Dollars ($250.00) per day against the financial guarantee set forth in Section 17 for every day after the expiration of the cure period that the breach is not cured. B. If the City determines that Franchisee is acting beyond the scope of permission granted in this Franchise for Franchisee Facilities and Franchisee Services, the City reserves the right to cancel this Franchise and require the Franchisee to apply for, obtain, and comply with all applicable City permits, franchises, or other City permissions for such actions, and if the Franchisee’s actions are not allowed under applicable federal and state or City laws, to compel Franchisee to cease those actions. Section 21. Compliance with Laws and Regulations A. This Franchise is subject to, and the Franchisee will comply with all applicable federal and state or City laws, regulations and policies (including all applicable elements of the City's comprehensive plan), in conformance with federal laws and regulations, affecting performance under this Franchise. The Franchisee will be subject to the police power of the City to adopt and enforce general ordinances necessary to protect the safety and welfare of the general public in relation to the rights granted in the Franchise Area. B. The City reserves the right at any time to amend this Franchise to conform to any federal or state statute or regulation relating to the public health, safety, and welfare, or relating to roadway regulation, or a City Ordinance enacted pursuant to such federal or state statute or regulation enacted, amended, or adopted after the effective date of this Franchise if it provides Franchisee with thirty (30) days written notice of its action setting forth the full text of the amendment and identifying the statute, regulation, or ordinance requiring the amendment. The amendment will become automatically effective on expiration of the notice period unless, before expiration of that period, the Franchisee makes a written call for negotiations over the terms of the amendment. If the parties do not reach agreement as to the terms of the amendment within thirty (30) days of the call for negotiations, the City may enact the proposed amendment, by incorporating the Franchisee’s concerns to the maximum extent the City deems possible. Page 20 of 183 ------------------------------ Ordinance No. 6974 Franchise Agreement No. FRN23-0004 February 25, 2025 Page 16 of 19 C. The City may terminate this Franchise upon thirty (30) days written notice to the Franchisee, if the Franchisee fails to comply with such amendment or modification. Section 22. License, Tax and Other Charges This Franchise will not exempt the Franchisee from any future license, tax, or charge which the City may adopt under authority granted to it under state or federal law for revenue or as reimbursement for use and occupancy of the Franchise Area. Section 23. Consequential Damages Limitation Notwithstanding any other provision of this Franchise, in no event will either party be liable for any special, incidental, indirect, punitive, reliance, consequential or similar damages. Section 24. Severability If any portion of this Franchise is deemed invalid, the remainder portions will remain in effect. Section 25. Titles The section titles used are for reference only and should not be used for the purpose of interpreting this Franchise. Section 26. Implementation The Mayor is authorized to implement those administrative procedures necessary to carry out the directions of this legislation. Section 27. Entire Franchise This Franchise, as subject to the appropriate city, state, and federal laws, codes, and regulations, and the attachments hereto represent the entire understanding and agreement between the parties with respect to the subject matter and it supersedes all prior oral negotiations between the parties. All previous franchises between the parties pertaining to Franchisee's operation of its Facilities are hereby superseded. Page 21 of 183 ------------------------------ Ordinance No. 6974 Franchise Agreement No. FRN23-0004 February 25, 2025 Page 17 of 19 Section 28. Effective Date. This Ordinance will take effect and be in force five days from and after its passage, approval and publication as provided by law. INTRODUCED: ___________________ PASSED: ________________________ APPROVED: _____________________ ________________________________ NANCY BACKUS, MAYOR ATTEST: APPROVED AS TO FORM: ___________________________ ________________________________ Shawn Campbell, MMC, City Clerk Jason Whalen, City Attorney PUBLISHED: _____________________________________________________ Page 22 of 183 ------------------------------ Ordinance No. 6974 Franchise Agreement No. FRN23-0004 February 25, 2025 Page 18 of 19 EXHIBIT “A” FRANCHISE AREA Level 3 Communications LLC Franchisee Facilities are located in the Union Pacific Railroad Road property that runs north/south through the City and occupies City public way through seven east/west road crossings installed pursuant to City of Auburn Public Way Agreement No. 99-04, Ordinance No. 5333 effective January 13, 2000. The specific crossing locations that make up the Franchise Area are adjacent to the Union Pacific Rail line and are as follows: 1. Crossing at S 277th Street, 60 Feet. 2. Crossing S 285th Street (aka 44th Street NW), 60 feet. 3. Crossing 37th Street NW, 60 feet. 4. Crossing 29th Street NW, 50 feet. 5. Crossing 15th Street NW, 260 feet. 6. Crossing West Main Street, 60 feet. 7. Crossing 15th Street SW, 100 feet. Page 23 of 183 ------------------------------ Ordinance No. 6974 Franchise Agreement No. FRN23-0004 February 25, 2025 Page 19 of 19 EXHIBIT “B” STATEMENT OF ACCEPTANCE Level 3 Communications, LLC, for itself, its successors and assigns, hereby accepts and agrees to be bound by all lawful terms, conditions and provisions of the Franchise attached hereto and incorporated herein by this reference. Franchisee Name: Level 3 Communications, LLC Address: ______________________________ City, State, Zip: _________________________ By: Date: Signature Name: ___________________________ Title: ____________________________ STATE OF _______________) )ss. COUNTY OF _____________) On this ____ day of _______________, 20__, before me the undersigned, a Notary Public in and for the State of __________, duly commissioned and sworn, personally appeared, __________________ of _________, the company that executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said company, for the uses and purposes therein mentioned, and on oath stated that they are authorized to execute said instrument. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal on the date hereinabove set forth. Signature NOTARY PUBLIC in and for the State of ___________, residing at MY COMMISSION EXPIRES: Page 24 of 183 AGENDA BILL APPROVAL FORM Agenda Subject: Meeting Date: Public Hearing for Ordinance No. 6978 (Krum) A Public Hearing to consider an Ordinance relating to the adoption of a 6- month moratorium for Energy Storage System facilities proposed to be located in the City of Auburn May 5, 2025 Department: Attachments: Budget Impact: Community Development None Administrative Recommendation: City Council to hold a Public Hearing in consideration of a proposed temporary 6-month moratorium on the acceptance, processing, and/or approval of applications for Building and Land Use Development Permits and related Land Use Decisions for Energy Storage System Facilities proposed to be located within the City of Auburn. Background for Motion: Background Summary: See Ordinance No. 6978 for materials. Councilmember: Tracy Taylor Staff: Jason Krum Page 25 of 183 AGENDA BILL APPROVAL FORM Agenda Subject: Meeting Date: Minutes from the April 7 and 14, 2025, Special City Council Meetings May 5, 2025 Department: Attachments: Budget Impact: City Council 04-07-2025 Special Meeting Minutes, 04-14-2025 Special Meeting Minutes Administrative Recommendation: Background for Motion: Background Summary: Councilmember: Staff: Page 26 of 183 City Council Special Meeting April 7, 2025 - 5:30 PM City Hall Council Chambers MINUTES CALL TO ORDER Mayor Backus called the meeting to order at 7:00 p.m. in the Council Chambers of Auburn City Hall, 25 West Main Street. LAND ACKNOWLEDGEMENT Mayor Backus acknowledged the Federally Recognized Muckleshoot Indian Tribe as the ancestral keepers of the land we are gathered on today. PUBLIC PARTICIPATION The Special City Council Meeting was held in person and virtually. PLEDGE OF ALLEGIANCE Mayor Backus led those in attendance in the Pledge of Allegiance. ROLL CALL Councilmembers present: Deputy Mayor Cheryl Rakes, Hanan Amer, Kate Baldwin, Clinton Taylor, Tracy Taylor, and Yolanda Trout-Manuel. Mayor Nancy Backus and the following staff members present included: Senior City Staff Attorney Taryn Jones, Chief of Police Mark Caillier, Assistant Director of Community Development Steve Sturza, Director of Human Services Kent Hay, Director of Parks, Arts, and Recreation Julie Krueger and City Clerk Shawn Campbell. ANNOUNCEMENTS, MAYOR'S PROCLAMATIONS, AND PRESENTATIONS A. Spirit Fest Recognition Day Mayor Backus proclaimed April 1, 2025, as "Spirit Fest Recognition Day" in the City of Auburn. The representatives from Spirit Fest thanked the Mayor and Council for their recognition and recognized all the volunteers in the audience. Page 27 of 183 B. Arbor Day Mayor Backus proclaimed April 16, 2025, as "Arbor Day" in the City of Auburn. Bryce Landrud, Chair of the Urban Tree Board, accepted the proclamation and thanked the Mayor and Council for their support. C. National Public Safety Telecommunicators Week Mayor Backus proclaimed April 13, 2025, through April 16, 2025, as "National Public Safety Telecommunicators Week" in the City of Auburn. Vonnie Mayer and Sheryl Kowalczik with Valley Communications accepted the proclamation and thanked the Mayor and Council for the recognition of the staff at Valley Communications. D. Sexual Assault Awareness Month Mayor Backus proclaimed April 2025, as "Sexual Assault Awareness Month" in the City of Auburn. E. Sikh Heritage Month Mayor Backus proclaimed April 2025 as "Sikh Heritage Month" in the City of Auburn. Jaskaran Singh Sarao and members of the community accepted the proclamation and thanked the Mayor and Council for their support and recognition. APPOINTMENTS A. Planning Commission City Council to approve the appointment of Kirk Hiller to the Planning Commission for a three-year term expiring December 31, 2027 Deputy Mayor Rakes moved and Councilmember C. Taylor seconded to approve the appointment of Kirk Hiller to the Planning Commission for a three- year term expiring December 31, 2027. MOTION CARRIED UNANIMOUSLY. 6-0 AUDIENCE PARTICIPATION Written Comments: Keoni Perez, Auburn Keoni expressed frustration regarding the vacant Council position application deadline and provided comments regarding the Pacific Islander community in Auburn. Page 28 of 183 In-Person Comments: Mark Celich, Auburn Mark expressed concerns regarding HPM's. Skylar Nickals, Auburn Skylar expressed frustration at not being selected to move forward to the second phase of the selection process for the vacant Council position. Virginia Haugen, Auburn Virginia expressed appreciation for groups that feed the community. CORRESPONDENCE There was no correspondence for Council to review. COUNCIL AD HOC COMMITTEE REPORTS A. Council Rules of Procedure Ad Hoc Committee (Baldwin) Councilmember Baldwin, Chair of the Council Rules of Procedure Ad Hoc Committee, reported that the Committee is working through each section of the Rules of Procedure. CONSENT AGENDA A. Minutes from the March 17, 2025, City Council Meeting B. Minutes from the March 24 and 31, 2025, Study Session Meetings C. Claims Vouchers (Thomas) Claims voucher list dated March 26, 2025 which includes voucher numbers 479283 through voucher 479398, in the amount of $6,300,440.62, nine electronic fund transfers in the amount of $21,676.37, and two wire transfers in the amount of $894,239.65 D. Payroll Voucher (Thomas) Payroll check numbers 539663 through 539665 in the amount of $686,280.97, electronic deposit transmissions in the amount of $2,839,244.09, for a grand total of $3,525.525.06 for the period covering March 13, 2025 to April 2, 2025 Deputy Mayor Rakes moved and Councilmember Baldwin seconded to approve the consent agenda. MOTION CARRIED UNANIMOUSLY. 6-0 Page 29 of 183 ORDINANCES A. Ordinance No. 6972 (Krum) An Ordinance amending Sections 16.06.020, 16.06.055 and 16.06.130 and adding Sections 16.06.085 and 16.06.095 of the Auburn City Code relating to the State Environmental Policy Act Councilmember T. Taylor moved and Councilmember Trout-Manual seconded to approve Ordinance No. 6972. MOTION CARRIED UNANIMOUSLY. 6-0 B. Ordinance No. 6976 (Krum) An Ordinance amending the Comprehensive Zoning Map Councilmember T. Taylor moved and Councilmember Baldwin seconded to approve Ordinance No. 6976. MOTION CARRIED UNANIMOUSLY. 6-0 RESOLUTIONS A. Resolution No. 5820 (Caillier) A Resolution accepting a Grant Award from the Seattle Police Department on behalf of the Washington State Internet Crimes Against Children Task Force Deputy Mayor Rakes moved and Councilmember Amer seconded to adopt Resolution No. 5820. MOTION CARRIED UNANIMOUSLY. 6-0 EXECUTIVE SESSION Mayor Backus adjourned into executive session at 6:20 p.m. per RCW 42.30.110(1)(h) to evaluate the qualifications of a candidate for appointment to elective office. However, any interview of such candidate and final action appointing a candidate to elective office shall be in a meeting open to the public for 30 minutes. In addition to Mayor Backus, Councilmembers and Senior City Staff Attorney Jones were required to attend. Mayor Backus reconvened the meeting at 7:45 p.m. COUNCIL POSITION VACANCY A. Council to Select Candidates to Interview for Vacant Position (Council) Councilmember T. Taylor moved and Deputy Mayor Rakes seconded to interview six candidates during the April 14, 2025, Special City Council Meeting. Page 30 of 183 Councilmember Amer moved and Councilmember Baldwin seconded to amend the motion to interview seven candidates. MOTION CARRIED. 4-2, Councilmembers C. Taylor and T. Taylor voted against. Council discussed staff time, and increasing the number of applicants to ten. Councilmember Baldwin moved and Councilmember Trout-Manuel seconded to amend the previous amendment motion to interview ten candidates. MOTION FAILED. 2-4 Council discussed the amount of time it takes to interview each candidate and Mayor Backus reviewed the interview process. AMENDED MOTION CARRIED. 4-2, Councilmembers C. Taylor and T. Taylor voted against. Mayor Backus recessed the meeting for five minutes at 7:59 p.m. She reconvened the meeting at 8:05 p.m. Mayor Backus called each applicant's number and asked Council for comments and votes for this person to move forward with the interview process. Candidates moving forward are Candidate No's. 21, 29, 32, 35, 38, 41 and 45. Council discussed the time for the interviews. Councilmember Amer moved and Councilmember C. Taylor seconded to limit the time of each interview to 20 minutes. Councilmember T. Taylor moved and Councilmember Baldwin seconded to amend the motion to limit the time of each interview to 25 minutes. MOTION CARRIED UNANIMOUSLY. 6-0 AMENDED MOTION CARRIED UNANIMOUSLY. 6-0 Councilmember Baldwin moved and Councilmember Amer seconded to reduce the introduction time from 10 minutes to 5 minutes. MOTION CARRIED UNANIMOUSLY. 6-0 Page 31 of 183 MAYOR AND COUNCILMEMBER REPORTS A. From the Council Councilmembers had no reports. B. From the Mayor Mayor Backus had no report. ADJOURNMENT There being no further business to come before the Council, the meeting was adjourned at 8:33 p.m. APPROVED this 5th day of May 2025. ____________________________ _______________________________ NANCY BACKUS, MAYOR Shawn Campbell, City Clerk Page 32 of 183 City Council Special Meeting April 14, 2025 - 5:00 PM City Hall Council Chambers MINUTES CALL TO ORDER Mayor Backus called the meeting to order at 7:00 p.m. in the Council Chambers of Auburn City Hall, 25 West Main Street. LAND ACKNOWLEDGEMENT Mayor Backus acknowledged the Federally Recognized Muckleshoot Indian Tribe as the ancestral keepers of the land we are gathered on today. PUBLIC PARTICIPATION The Special City Council Meeting was held in person and virtually. PLEDGE OF ALLEGIANCE Mayor Backus led those in attendance in the Pledge of Allegiance. ROLL CALL Councilmembers present: Deputy Mayor Cheryl Rakes, Hanan Amer, Kate Baldwin, Clinton Taylor, Tracy Taylor, and Yolanda Trout-Manuel. Mayor Nancy Backus and the following staff members present included: City Attorney Jason Whalen, Human Resources and Risk Management Director Candis Martinson, Chief of Police Mark Caillier, and City Clerk Shawn Campbell. AUDIENCE PARTICIPATION No one came forward to speak. COUNCIL VACANCY INTERVIEW A. Candidate Interviews Mayor Backus explained the voting and selection process that will occur after the interviews are complete. Page 33 of 183 City Clerk Campbell selected the applicants' names at random to determine the order of the interviews. All candidates were asked to wait outside of Council Chambers and were escorted into Council Chambers when it was their turn to interview. Councilmembers asked all applicants the same questions, in the same order for each interview. The Council interviewed: Carmen Goers, Erica Tomas, Lisa Stirgus, Bill Steward, Adib Altallal, and John Holman. EXECUTIVE SESSION Mayor Backus adjourned into an Executive Session at 7:31 p.m. per RCW 42.30.110(1)(h) to evaluate the qualifications of a candidate for appointment to elective office. However, any interview of such candidate and final action appointing a candidate to elective office shall be in a meeting open to the public for 15 minutes. In addition to Mayor Backus, Councilmembers, and City Attorney Whalen were required to attend. Mayor Backus extended the Executive Session by 15 minutes. Mayor Backus extended the Executive Session by 20 minutes. Mayor Backus extended the Executive Session by 5 minutes. Mayor Backus reconvened the meeting at 8:32 p.m. CANDIDATE SELECTION A. Nomination and Voting for Candidate to Fill Unexpired Term Mayor Backus thanked the candidates for their interest in the position and thanked Council and staff for their hard work throughout the entire process. She restated the voting process and asked Council for nominations. Councilmember Amer nominated candidate John Holman. Councilmember T. Taylor nominated candidate Lisa Stirgus. Councilmember Baldwin nominated candidate Erica Tomas. Councilmember Trout-Manuel nominated candidate Adib Altallal. Councilmember C. Taylor moved and Deputy Mayor Rakes seconded for nominations to be closed. MOTION CARRIED UNANIMOUSLY. 6-0 John Holman received one vote. Page 34 of 183 Lisa Stirgus received two votes. Erica Tomas received one vote. Adib Altallal received two votes. Candidates Lisa Stirgus and Adib Altallal each received two votes. Councilmembers voted again for the two candidates that received the most votes. Lisa Stirgus received four votes. Adib Altallal received two votes. By majority vote of the Council, Lisa Stirgus was selected to fill the Vacant Council Seat No. 6. ADJOURNMENT There being no further business to come before the Council, the meeting was adjourned at 8:45 p.m. APPROVED this 5th day of May 2025. ____________________________ _______________________________ NANCY BACKUS, MAYOR Shawn Campbell, City Clerk Page 35 of 183 AGENDA BILL APPROVAL FORM Agenda Subject: Meeting Date: Minutes from the April 21, 2025, Regular City Council Meeting May 5, 2025 Department: Attachments: Budget Impact: City Council 04-21-2025 Minutes Administrative Recommendation: Background for Motion: Background Summary: Councilmember: Staff: Page 36 of 183 City Council Regular Meeting April 21, 2025 - 7:00 PM City Hall Council Chambers MINUTES CALL TO ORDER Mayor Backus called the meeting to order at 7:00 p.m. in the Council Chambers of Auburn City Hall, 25 West Main Street. LAND ACKNOWLEDGEMENT Mayor Backus acknowledged the Federally Recognized Muckleshoot Indian Tribe as the ancestral keepers of the land we are gathered on today. PUBLIC PARTICIPATION The City Council Meeting was held in person and virtually. PLEDGE OF ALLEGIANCE Mayor Backus led those in attendance in the Pledge of Allegiance. ROLL CALL Councilmembers present: Deputy Mayor Cheryl Rakes, Hanan Amer, Kate Baldwin, Lisa Stirgus, Clinton Taylor, Tracy Taylor, and Yolanda Trout-Manuel. Mayor Nancy Backus and the following staff members present included: Senior City Staff Attorney Taryn Jones, Chief of Police Mark Caillier, Director of Community Development Jason Krum, Director of Public Works Ingrid Gaub, Director of Parks, Arts, and Recreation Julie Krueger, and Deputy City Clerk Rebecca Wood-Pollock. ANNOUNCEMENTS, MAYOR'S PROCLAMATIONS, AND PRESENTATIONS A. Earth Day Mayor Backus proclaimed April 22, 2025, as "Earth Day" in the City of Auburn. B. National Therapy Animal Day Mayor Backus proclaimed April 30, 2025, as "National Therapy Animal Day" in the City of Auburn. Page 37 of 183 C. National Arab American Heritage Month Mayor Backus proclaimed April 2025 as "National Arab American Heritage Month" in the City of Auburn. D. Resolution 5812 Medic One/EMS Levy Presentation Emergency Medical Services (EMS) Director Michele Plorde provided Council with a presentation on the Medic One/EMS Levy Planning Process regarding Resolution No. 5812, including an overview of the process, how the Medic One/EMS system works, Valley Regional Fire Authority (VRFA) statistics, population growth and response times, diversity, programs funded by the levy, an overview of the EMS Advisory Task Force and their recommendations, subcommittee recommendations, VRFA funding, revenues, expenditures and reserves, risk analysis, and a financial summary. Council discussed average household costs for the levy. AGENDA MODIFICATIONS An updated PowerPoint presentation for Resolution No. 5812 was provided to the Mayor and Council. AUDIENCE PARTICIPATION Ron Morgan, Auburn Ron discussed the King County Courthouse located in Auburn and expressed support for an Auburn Municipal Courthouse. CORRESPONDENCE There was no correspondence for Council to review. COUNCIL AD HOC COMMITTEE REPORTS A. Council Rules of Procedure Councilmember Baldwin, Chair of the Council Rules of Procedure Ad Hoc Committee, reported that the Committee has another meeting scheduled for April 22, 2025, for further discussion on the Council Rules of Procedure. CONSENT AGENDA A. Setting the date for Public Hearing for Level 3 Communications, LLC Franchise Agreement B. Claims Vouchers (Thomas) Claims voucher list dated April 9, 2025 which includes voucher numbers Page 38 of 183 479399 through voucher 479440, and voucher numbers 479442 through voucher 479539 in the amount of $4,386,091.70, seventeen electronic fund transfers in the amount of $16,676.07 and four wire transfers in the amount of $810,582.72 C. Claims Vouchers (Thomas) Claims voucher list dated April 9, 2025 which includes voucher number 479441 in the amount of $23,114.59 D. Payroll Voucher (Thomas) Payroll check numbers 539666 through 539672 in the amount of $84,716.71, electronic deposit transmissions in the amount of $2,811,616.80, for a grand total of $2,896,333.51 for the period covering April 3, 2025 to April 16, 2025 Deputy Mayor Rakes moved and Councilmember C. Taylor seconded to approve the consent agenda. MOTION CARRIED UNANIMOUSLY. 7-0 UNFINISHED BUSINESS There was no unfinished business. NEW BUSINESS There was no new business. RESOLUTIONS A. Resolution No. 5812 (Mayor/Council) A Resolution approving the placement of a Countywide Ballot Measure before voters in 2025 for a Funding Levy to support Medic One/Emergency Medical Services (EMS) for the period from January 1, 2026, through December 31, 2031, pursuant to RCW 84.52.069 Councilmember Baldwin moved and Councilmember Amer seconded to adopt Resolution No. 5812. MOTION CARRIED UNANIMOUSLY. 7-0 Mayor asked for public comment in opposition to Resolution No.5812 ballot measure. No one came forward to speak. B. Resolution No. 5819 (Gaub) A Resolution designating the person serving in the position of the Sanitary Sewer Engineer and person serving in the position of the Utilities Engineering Manager as representatives to serve on the Metropolitan Water Pollution Abatement Advisory Committee Page 39 of 183 Councilmember T. Taylor moved and Deputy Mayor Rakes seconded to adopt Resolution No. 5819. MOTION CARRIED UNANIMOUSLY. 7-0 C. Resolution No. 5822 (Gaub) A Resolution authorizing the Mayor to execute and administer agreements accepting supplemental grant funds from the Washington State Department of Transportation and Federal Highway Administration for three projects: 1) Auburn Way S widening (Hemlock Street SE to Poplar Street SE); 2) 1st Street NE/NW and N Division Street pedestrian improvements; and 3) A Street SE preservation (37th Street SE to Lakeland Hills Way) Councilmember T. Taylor moved and Councilmember Amer seconded to adopt Resolution No. 5822. MOTION CARRIED UNANIMOUSLY. 7-0 D. Resolution No. 5823 (Krum) A Resolution approving the Lodging Tax Grant disbursements recommended by the Auburn Lodging Tax Advisory Committee and authorizing the Mayor to execute agreements between the City of Auburn and Flight Club Foundation, the City of Auburn and Emerald Downs Racing LLC, and the City of Auburn Parks and Recreation Department for the purpose of tourism, marketing, and hotel rooms for Tourism Events Councilmember T. Taylor moved and Councilmember Amer seconded to adopt Resolution No. 5823. MOTION CARRIED UNANIMOUSLY. 7-0 E. Resolution No. 5824 (Gaub/Whalen) A Resolution authorizing the Mayor to execute on behalf of the City, a Purchase and Sale Agreement for Commercial Property Owned by Wells Fargo Bank, N.A. at 105 1st Street NE (parcel no. 0483000050) Councilmember T. Taylor moved and Councilmember Baldwin seconded to adopt Resolution No. 5824. MOTION CARRIED UNANIMOUSLY. 7-0 MAYOR AND COUNCILMEMBER REPORTS A. From the Council Deputy Mayor Rakes reported she attended the Terry Home Auction, the Arbor Day tree planting ceremony, and the Postmark Center for the Arts Dedication and Open House event. Councilmember Baldwin reported she attended the Auburn Lions Easter Egg Page 40 of 183 Hunt at the Les Gove Community Center. Councilmember Stirgus reported she attended the Children's Dance Theater Grand Opening and the King County Children and Youth Advisory Board subcommittee meeting. Councilmember T. Taylor reported she attended the Children's Dance Theater Grand Opening, the Terry Home Auction, and the Circle Creek Therapy grand opening. Councilmember Trout-Manuel reported that she attended the Postmark Center for the Arts Dedication and Open House event. B. From the Mayor Mayor Backus reported she attended King County Regional Homelessness Board Authority retreat (KCRHA), the Children's Dance Theater Grand Opening, the Evergreen Parks Spring Back to School Free Haircuts Event, the Master Builders Association of King and Snohomish Counties quarterly meeting, the Mary Olson Farm tree planting ceremony, the Circle Creek Therapy Grand Opening, the Pierce County Homelessness Housing Authority meeting, South King Housing and Homeless Partners (SKHHP) monthly board meeting, the Bridges Neighborhood Easter Egg Hunt, and the Postmark Center for the Arts Dedication and Open House Event. ADJOURNMENT There being no further business to come before the Council, the meeting was adjourned at 8:08 p.m. APPROVED this 5th day of May, 2025. ____________________________ _______________________________ NANCY BACKUS, MAYOR Rebecca Wood-Pollock, Deputy City Clerk Page 41 of 183 AGENDA BILL APPROVAL FORM Agenda Subject: Meeting Date: Minutes from the April 28, 2025, Study Session Meeting May 5, 2025 Department: Attachments: Budget Impact: City Council 04-28-2025 Minutes Administrative Recommendation: Background for Motion: Background Summary: Councilmember: Staff: Page 42 of 183 City Council Study Session Community Wellness SFA April 28, 2025 - 5:30 PM City Hall Council Chambers MINUTES CALL TO ORDER Councilmember Yolanda Trout-Manuel called the meeting to order at 5:30 p.m. in the Council Chambers of Auburn City Hall, 25 West Main Street. PUBLIC PARTICIPATION The Study Session Meeting was held in person and virtually. ROLL CALL Councilmembers present: Hanan Amer, Kate Baldwin, Clinton Taylor, Tracy Taylor, and Yolanda Trout-Manuel. Deputy Mayor Cheryl Rakes and Councilmember Lisa Stirgus were excused. Mayor Nancy Backus and the following staff members present included: City Attorney Jason Whalen, Chief of Police Mark Caillier, Patrol Commander Todd Byers, Inspectional Services Commander Shaun Feero, Director of Community Development Jason Krum, Director of Public Works Ingrid Gaub, Director of Human Services Kent Hay, Director of Finance Jamie Thomas, Community Development Block Grant Coordinator Jody Davison, Planning Services Manager Alexandria Teague, Planner II Gabriel Clark, and Deputy City Clerk Hannah Scholl. AGENDA MODIFICATIONS There were no modifications to the agenda. ANNOUNCEMENTS, REPORTS, AND PRESENTATIONS A. Police Department Annual Report (Caillier) (20 Minutes) Chief Caillier and Commander Feero provided Council with a presentation on the 2024 Annual CIA Review including commendations, internal investigations, supervisory investigation, allegations, collisions, combined discipline, and outside agency investigations. Page 43 of 183 Council discussed CAD incidents, sustained versus unsustained misconduct, allegations, officer training, and the officer decertification process. Chief Caillier and Commander Feero provided Council with a presentation on the 2024 Use of Force Report including contacts versus use of force, complaints, types of force, effective versus non-effective uses, injuries, incidents by time of day, and reasons for force. They also discussed resistance during force, officer assessments, and demographics. Council discussed force types, reasons for force, and results of injury statistics. Chief Caillier and Commander Byers provided Council with a presentation on the 2024 Pursuit Analysis including total number of pursuits, time of day statistics, reasons for pursuits, total miles driven for pursuits, Washington State Initiative No. 2113, and the Emergency Vehicle Operations Course (EVOC). Council discussed pursuits outside of City limits, and training requirements. Chief Caillier provided Council with an overview of the 2024 Annual Report Highlights including calls for service, felony investigations, person crimes, property crimes, response times, total arrests, and employee years of service. Council discussed employee retention, recruitment, and the vehicle take-home program. COMMUNITY WELLNESS DISCUSSION ITEMS A. Consolidated Annual Performance Evaluation Report (CAPER) for 2024 (Hay) (20 Minutes) Director Hay and Coordinator Davison provided Council with an overview of the Consolidated Annual Performance Evaluation Report (CAPER) including City funding support, goals, available funding, allocations of funds, people and population served by goals, demographic breakdown, sidewalk improvements, and the home repair program. Council discussed people served, and funding. B. Resolution No. 5825 (Hay) (20 Minutes) A Resolution adopting the 2025-2029 Consolidated Plan and the 2025 Annual Action Plan Director Hay, Director Krum, and Coordinator Davison provided Council with an overview of Resolution No. 5825, including the 2025-2029 Consolidated and Action Plan, public engagement, stakeholder engagement, feedback, needs Page 44 of 183 assessment, goals, key changes, funding, and next steps. Council discussed funding and tenant improvements to the Auburn Resource Center (ARC). AGENDA ITEMS FOR COUNCIL DISCUSSION A. 4th Quarter 2024 Financial Report (Thomas) (20 Minutes) Financial Report through December 2024 Director Thomas provided Council with an overview of the 4th Quarter 2024 Financial Report including General Fund Revenue, and Tax Revenues including: Property Tax, Retail Sales and Use Tax, Utility Tax, Business and Occupation Tax (B&O), and other taxes. She discussed Licenses and Permits, Intergovernmental, Charges for Services, Fines/Penalties, and Interest/Investment revenues. She also discussed General Fund Expenditures by Department, ARPA fund update, and Non-General Fund highlights. Council discussed bonds. B. Ordinance No. 6974 (Gaub) (10 Minutes) An Ordinance granting to Level 3 Communications, LLC, a franchise for fiber optic telecommunications Director Gaub provided Council with an overview of Ordinance No. 6974, including the Franchise Agreement with Level 3 Communications, LLC. C. Ordinance No. 6978 (Krum) (30 Minutes) An Ordinance relating to adoption of a temporary 6-month moratorium on the acceptance, processing, and/or approval of applications for Building and Land Use Development Permits and related Land Use Decisions for Energy Storage System Facilities proposed to be located within the City of Auburn Planner Clark provided Council with an overview of Ordinance No. 6978, including Battery Energy Storage Systems (BESS), Lithium-Ion Batteries, residential versus commercial and grid, primary functions, flow map of systems, impacts, demand, and the reason for the Moratorium. He also discussed the jurisdictional responses, standards, and the proposed timeline. Council discussed infrastructure, the Burlington Northern Santa Fe (BNSF) Railway, environmental impacts, and backup cooling systems. Page 45 of 183 ADJOURNMENT Councilmember T. Taylor asked for a status update on the Council Rules and Procedure Ad Hoc Committee. Councilmember Baldwin shared that the Ad Hoc Committee is still reviewing and have their next meeting on May 8, 2025. There being no further business to come before the Council, the meeting was adjourned at 8:17 p.m. APPROVED this 5th day of May 2025. _____________________________ _____________________________ CHERYL RAKES, DEPUTY MAYOR Hannah Scholl, Deputy City Clerk Page 46 of 183 AGENDA BILL APPROVAL FORM Agenda Subject: Meeting Date: Claims Vouchers (Thomas) Claims voucher list dated April 23, 2025, which includes voucher numbers 479540 through voucher 479696, in the amount of $2,277,895.89, nine electronic fund transfers in the amount of $18,186.08, and four wire transfers in the amount of $878,679.34 May 5, 2025 Department: Attachments: Budget Impact: Finance None Administrative Recommendation: City Council to approve Claim Vouchers. Background for Motion: Background Summary: Claims voucher list dated April 23, 2025, which includes voucher numbers 479540 through voucher 479696, in the amount of $2,277,895.89, nine electronic fund transfers in the amount of $18,186.08, and four wire transfers in the amount of $878,679.34. Councilmember: Kate Baldwin Staff: Jamie Thomas Page 47 of 183 AGENDA BILL APPROVAL FORM Agenda Subject: Meeting Date: Payroll Voucher (Thomas) Payroll check numbers 539673 through 539678 in the amount of $692,244.77, electronic deposit transmissions in the amount of $2,604,065.33, for a grand total of $3,296,310.10 for the period covering April 17, 2025, to April 30, 2025 (RECOMMENDED ACTION: Move to approve the Consent Agenda.) May 5, 2025 Department: Attachments: Budget Impact: Finance None Administrative Recommendation: City Council to approve Payroll Vouchers. Background for Motion: Background Summary: Payroll check numbers 539673 through 539678 in the amount of $692,244.77, electronic deposit transmissions in the amount of $2,604,065.33, for a grand total of $3,296,310.10 for the period covering April 17, 2025, to April 30, 2025. Councilmember: Kate Baldwin Staff: Jamie Thomas Page 48 of 183 AGENDA BILL APPROVAL FORM Agenda Subject: Meeting Date: Ordinance No. 6978 (Krum) An Ordinance relating to adoption of a temporary 6-month moratorium on the acceptance, processing, and/or approval of applications for Building and Land Use Development Permits and related Land Use Decisions for Energy Storage System Facilities proposed to be located within the City of Auburn (RECOMMENDED ACTION: Move to approve Ordinance No. 6978.) May 5, 2025 Department: Attachments: Budget Impact: Community Development Ordinance No. 6978, Exhibit A BESS Moratorium PowerPoint, Exhibit B Greening the Grid, US- AID, Exhibit C VRFA Response to BESS Incident, Exhibit D Canyon County Commission Incident Response Report, Exhibit E City of Covington Moratorium, Exhibit F SB 1216 Clean Energy Sitin Coordinating Council, Exhibit G Comprehensive Review of Energy Storage Systems, Exhibit H PSE Siting Scores, Exhibit I PSE Service Area Map Administrative Recommendation: City Council to approve Ordinance No. 6978. Background for Motion: This Ordinance will impose a temporary 6-month moratorium on permitting activity related to commercial Energy Storage Systems facilities to allow City Staff to develop appropriate zoning, development, and construction regulations for these types of systems. Background Summary: On April 28, 2025, staff identified the following unknown risks and economic factors that may be relevant in assessing the desirability of, and siting concerns associated with, ESS in the City to the City Council at Study Session. The City currently does not have specific zoning or development standards applicable to these projects. ESS can be facilities store excess electricity when demand on Page 49 of 183 the grid is low and can discharge back into the grid when demand for electricity is high, or electrical energy production is low (Exhibit B). Battery or electrochemical (BESS) energy storage systems primarily contain lithium-ion batteries due to their availability, capacity, efficiency, and general reliability (Exhibit G). Thermal runaway presents a significant burden to emergency personnel as fires may burn for an inordinate amount of time, release toxic gasses, or explode. An incident may require a regional response, potentially depleting resources and leaving other areas of the city vulnerable to high response times. If battery cell(s) combust, a report (Exhibit C) from Valley Regional Fire Authority (VRFA) indicated a multi-shift would be required to manage the emergency. As a result, VRFA and other first responders present would continuously pour water into the compromised battery area; this cool water would regulate the heat and aid to prevent other cells from becoming compromised. Water used to cool the compromised cells will become contaminated with hazardous materials within the battery. If the contaminated water is not properly contained, it may leach into the City’s stormwater system or critical areas. It is unknown if the local water district, or City could support the water demand for a period of 12 or more hours in the event of an emergency. In the event of an emergency, the impacts to regional transportation routes, businesses, and residents are unknown if an evacuation zone is established as a hazard mitigation plan may need to be established. Separately from an emergent response, it is not known what the operational impacts a BESS facility may have. These impacts include, but are not limited to, visual, noise, habitat, airport glare, land use or long-term ecological impacts resulting from decommissioning of the aged lithium-ion batteries. Presently, land use code is not clear the compatibility of a BESS facility with the land use category of “Utility facilities and substations” in ACC 18.07.030 and “Utility transmission or distribution line or substation” in ACC 18.23.030. These uses are not intended to include recent technological changes and business models in Energy Storage Systems or supporting infrastructure. “Utility Facilities and Substations” are intended to include public utilities with marginal impacts to the surrounding community, environment, and services. BESS facilities are much larger than a local or regional substation, can be privately developed and leased to a public utility. While BESS are becoming more popular as a source of reliable energy storage and relief, jurisdictions across the region are developing standards to help manage the siting, construction, and operation of these facilities (Exhibit E). The proposed moratorium under Ordinance No. 6978 prevents development for a finite amount of time as the City studies the impacts and develops regulatory language for siting, construction, and operation. The Washington State Department of Ecology has initiated studies into BESS and is working to provide guidance on how BESS may impact the surrounding environment. The City wishes to study the results of Ecology’s efforts before updating its zoning and other regulations applicable to ESS facilities. The Washington State Legislature adopted House Bill 1216 in 2023 (Exhibit F) which established the Interagency Clean Energy Siting Coordinating Council to identify actions to improve siting and permitting clean energy projects within the State. It is unknown what fiscal or economic development benefits would flow to the City if ESS facilities were permitted within the City, or which zone(s) would be suitable for siting them. The City needs to investigate and analyze potential economic impacts and tax revenues associated with such projects. Page 50 of 183 Councilmember: Tracy Taylor Staff: Jason Krum Page 51 of 183 - - - - - - - - - - - - - - - - - - Ordinance No. 6978 April 14, 2025 Page 1 of 10 ORDINANCE NO. 6978 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, RELATING TO ADOPTION OF A TEMPORARY 6-MONTH MORATORIUM ON THE ACCEPTANCE, PROCESSING, AND/OR APPROVAL OF APPLICATIONS FOR BUILDING AND LAND USE DEVELOPMENT PERMITS AND RELATED LAND USE DECISIONS FOR ENERGY STORAGE SYSTEM FACILITIES PROPOSED TO BE LOCATED WITHIN THE CITY OF AUBURN WHEREAS, Energy Storage Systems (ESS) including Battery Energy Storage Systems (BESS) are defined as installations designed to store critical electrical energy for later use, typically consisting of batteries, power conversion systems, and control equipment, a primary function of Energy Storage Systems is to store excess electricity generated by the grid during periods of low demand or high renewable energy production, such as from solar or wind sources, the stored energy can then be discharged when demand is high or when renewable energy generation is low, stabilizing the electrical grid and improving overall efficiency and reliability; WHEREAS, the City’s development regulations, specifically the land use category of “Utility facilities and substations” in ACC 18.07.030 and “Utility transmission or distribution line or substation” in ACC 18.23.030, are not currently defined to include the recent technological changes and business models in Energy Storage Systems or supporting infrastructure; WHEREAS, the City’s development regulations, specifically the land use category of “Utility facilities and substations” in ACC 18.07.030 and “Utility transmission or Page 52 of 183 - - - - - - - - - - - - - - - - - - Ordinance No. 6978 April 14, 2025 Page 2 of 10 distribution line or substation” in ACC 18.23.030, are understood to include public regional utility (PSE) agencies that provide public services such as transformers, substations, pumpstations and smaller scale grid infrastructure; WHEREAS, ESS are primarily financed and constructed by private corporations and leased to energy utilities for maintenance and operation; WHEREAS, applying the current regulations in Title 18 ACC to new technologies and business models could lead to approval of ESS projects that are undesirable, unsafe, and/or inconsistent with long-term planning goals and objectives of the City, particularly when the existing regulations have not been reviewed and updated for the best practices nor reconsidered in light of technological changes and potential impacts ESS facilities have on the surrounding areas and community resources; WHEREAS, thermal runaway is a primary risk related to lithium-ion batteries, a phenomenon in which lithium-ion cells enter an uncontrollable, self-heating state, resulting in ejection of gas, shrapnel, and/or particulates, extremely high temperatures, smoke, and fire; WHEREAS, the Auburn City Council makes the following findings of fact in support of a moratorium under RCW 36. 70A.390, and identified the following unknown risks and economic factors, that may be relevant in assessing the desirability of, and siting concerns associated with, ESS in the City: A. The City currently does not have specific zoning or development standards applicable to ESS; B. ESS can be facilities of any type that store electrical energy in potential Page 53 of 183 - - - - - - - - - - - - - - - - - - Ordinance No. 6978 April 14, 2025 Page 3 of 10 kinetic energy, mechanical energy or electrochemical energy when demand on the grid is low and can discharge back into the grid when demand for electricity is high, or electrical energy production is low; C. In the instance of electrochemical or battery energy storage systems (BESS), lithium-ion batteries are commonly used due to their availability, capacity, efficiency, and general reliability, the chemical composition of lithium-ion batteries may pose increased risk to life and property in the event of thermal runaway or gaseous vapors being released during an emergency; D. Thermal runaway at a BESS presents a significant burden to emergency personnel as fires may burn for an inordinate amount of time, requiring increased lengths for monitoring and containment, leaving other areas of the City vulnerable due to longer response times; E. Exceptional amounts of water is required in the event of a thermal runaway to protect other cells from reaching a critical temperature and to suppress the compromised cell, the water used to control the emergency may contain hazardous chemicals and materials such as cyanide and hydrofluoric acid that may leach into the City’s protected critical areas identified in Chapter 16.10 ACC; F. Due to the exceptional amounts of water required to suppress a thermal event, it is not known if the City, or the surrounding water districts have the capacity to provide a constant flow of high-volume water; Page 54 of 183 - - - - - - - - - - - - - - - - - - Ordinance No. 6978 April 14, 2025 Page 4 of 10 G. BESS may create potentially hazardous air quality concerns in the event of an emergency; H. In the event of an emergency, the response may pose a strain on the first responder personnel that is not fully understood; I. In the event of an emergency, it is unknown what the impacts to regional transportation routes, businesses, and residents if an evacuation zone is established; J. ESS may produce noise and visual impacts that are not currently well understood; K. ESS may produce impacts to wildlife that are not currently well understood; L. ESS facilities located within the L-F Airport Landing Field District may pose a significant risk to public health, safety, and welfare if an aircraft collision occurs; M. ESS facilities and their supporting infrastructure may be more appropriate for the industrial (M-1 and M-2) zones in the City due to their scale, land use, and potential impacts to life and safety of the general public; N. The Washington State Department of Ecology has initiated studies into ESS and is working to provide guidance on how ESS may impact the surrounding environment, and the City wishes to study the results of Ecology’s efforts before updating its zoning and other regulations applicable to ESS facilities; O. The Washington State Legislature adopted House Bill 1216 in 2023 which established the Interagency Clean Energy Siting Coordinating Council to Page 55 of 183 - - - - - - - - - - - - - - - - - - Ordinance No. 6978 April 14, 2025 Page 5 of 10 identify actions to improve siting and permitting of clean energy projects within the State; P. Puget Sound Energy (PSE), hired PSC (Power Systems Consultants) to conduct an Energy Storage System Location Study detailing locations of potential BESS facilities connected via high-voltage transmission lines to PSE’s regional substations, siting (Exhibit H) the Christopher Substation for initial low risk ESS interconnection; Q. It is unknown what fiscal or economic development benefits would be realized by the City if ESS facilities were permitted within the City or which zone(s) would be suitable for siting them. Further investigation and analysis of the potential economic impacts and tax revenues associated with such projects is warranted; R. The City does not currently have ESS facilities or locations incorporated or accounted for in an emergency management response plan. ESS present unique emergency management needs that require coordination between the City, its departments, and outside entities; WHEREAS, the unique characteristics of ESS facilities, certain existing requirements in Code may not be appropriately address or mitigate the community impacts and risks such facilities may present; WHEREAS, the City Council held a public hearing on 7:00 PM on May 5, 2025, and is adopting the findings contained herein after the conclusion of said public hearing; WHEREAS, to promote public health, safety, and welfare, the City Council deems Page 56 of 183 - - - - - - - - - - - - - - - - - - Ordinance No. 6978 April 14, 2025 Page 6 of 10 it necessary and proper to impose a moratorium on land use and development permit applications related to ESS for a period of six (6) months; WHEREAS, processing applications for land use approvals, development permits, and related applications or code interrelations for ESS facilities under exciting zoning code regulations and other official controls could potentially result in approvals of undesirable and incompatible development until such time that the City has properly reviewed its regulations and implemented any zoning code revisions or additional controls deemed necessary and proper for the health, safety, and general welfare of the City and its residents; WHEREAS, it would be an efficient use of resources and an appropriate exercise of its planning authority under the Growth Management Act and Chapter 35A.63 RCW for the City to analyze whether, and under what regulatory parameters, ESS Energy Storage Systems should be allowed uses within the City; WHEREAS, the City possesses land use jurisdiction and regulatory authority over the City’s incorporated lands; WHEREAS, the adoption of this moratorium is exempt from the threshold determination requirements under the State Environmental Policy Act; WHEREAS, the potential adverse impacts on public health, property, safety, and welfare of the City and its citizens if this moratorium does not take effect immediately, further justifies a moratorium under RCW 36.70A.410 and the designation of this ordinance as necessary for the protection of public health, public property, or the public peace by the Council, the moratorium imposed herein promotes the public good and is Page 57 of 183 - - - - - - - - - - - - - - - - - - Ordinance No. 6978 April 14, 2025 Page 7 of 10 necessary for the protection of public health, property, safety, and welfare; and NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Findings of Fact. The recitals set forth above as well as Exhibits A through I are hereby adopted as the City Council’s findings of fact in support of the moratorium established by this ordinance. Section 2. Moratorium Imposed. Pursuant to RCW 35A.63.220, and RCW 36.70A.390, a temporary moratorium is hereby imposed upon Tier II and Tier III ESS facilities in any zone within the City of Auburn. This moratorium also applies to the City’s acceptance, processing, or approval of any applications, building permits, and land use permits for ESS facilities including without limitation; A. Administrative Use permits; B. Conditional Use permits; C. Building permits; D. Grading permits; E. Short plats; F. Subdivisions; G. Binding site plans; H. Reasonable use exceptions; I. Variances from Title 18 ACC regulations; Page 58 of 183 - - - - - - - - - - - - - - - - - - Ordinance No. 6978 April 14, 2025 Page 8 of 10 J. Deviations from any City of Auburn engineering design and construction standards or other technical codes for ESS facility within the City or any other type of development permit, approval, or code interpretation in connection with the same; and K. Any other development permits related to ESS facilities. The moratorium codified herein shall not apply to Tier I residential Battery Energy Storage Systems that serve as a back-up source of energy, load shedding, and storage of solar energy. Fires and other emergencies typically seen from Tier I BESS are limited in their impacts to the safety, welling, and health of Citizens. Section 3. Term of Moratorium. The moratorium imposed by this Ordinance shall become effective on the date described in Section 8, and shall continue in effect for an initial period of six (6) months, unless repealed, extended or modified by the City Council after subsequent public hearing(s) and entry of appropriate findings of fact pursuant to RCW 35A.63.220, provided that the moratorium shall automatically expire upon the effective date of zoning and land use regulations adopted by City Council to address siting, construction, and operation of ESS located within the City of Auburn. Section 4. Public Hearing. Pursuant to RCW 35A.63.220 and RCW 36.70A.390, the City Council has held a public hearing at the City Council’s regular meeting at 7:00 PM on May 5, 2025, in order to take public testimony on this moratorium. Page 59 of 183 - - - - - - - - - - - - - - - - - - Ordinance No. 6978 April 14, 2025 Page 9 of 10 Section 5. Severability, Constitutionality and Invalidity. If any section, subsection sentence, clause, finding, phrase, or portion of this Ordinance, is for any reason held invalid or unconstitutional by any Court of competent jurisdiction such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions thereof. Section 6. Corrections. Upon the approval of the City Attorney the City Clerk and the codifiers of this ordinance are authorized to make any necessary corrections to this ordinance including, but not limited to, the correction of scrivener’s/clerical errors, references, ordinance numbering, section/subsection numbers, and any reference thereto. Section 7. Implementation. The Mayor is authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. Section 8. Effective Date. This Ordinance shall take effect and be in force five (5) days from and after its passage, approval and publication as provided by law. Page 60 of 183 - - - - - - - - - - - - - - - - - - Ordinance No. 6978 April 14, 2025 Page 10 of 10 Section 9. Ordinance Transmitted to State. Pursuant to RCW 36.70A.106, a copy of this ordinance shall be transmitted to the Washington State Department of Commerce. INTRODUCED: _______________ PASSED: ____________________ APPROVED: _________________ ____________________________ NANCY BACKUS, MAYOR ATTEST: ____________________________ Shawn Campbell, MMC, City Clerk APPROVED AS TO FORM: ____________________________ Jason Whalen, City Attorney Published: _____________________________________________________________ Page 61 of 183 AUBURN VALUES S E R V I C E ENVIRONMENT E C O N O M Y C H A R A C T E R SUSTAINABILITY W E L L N E S S C E L E B R AT I O N COUNCIL STUDY SESSION ENERGY STORAGE SYSTEM MORATORIUM ORDINANCE NO. 6978 PRESENTED BY GABRIEL CLARK, PLANNER II APRIL 28, 2025 Department of Community Development Planning Building Development Engineering Permit Center Economic Development Code Enforcement Page 62 of 183 Energy Storage Systems (ESS) vary widely in their uses and installation types; their primary function is to store electrical energy during periods of low demand and discharge at periods of high demand. Battery Energy Storage Systems (BESS) are a type of ESS which uses battery technology to provide storage and improve the overall stability of the electrical grid. Other functions include: Load Shedding Load Sharing Smoothing and dispatching from renewable energy sources Emergency power storage The moratorium covers all ESS, BESS is the primary concern for Staff. WHAT ARE ENERGY STORAGE SYSTEMS? SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION Page 63 of 183 Lithium-ion batteries are a very common method of storing electrical energy for usage and may be charged and discharged reliably. Examples: Phone batteries Laptop computers Electric Vehicles WHY A LITHIUM-ION BATTERY? Page 64 of 183 WHAT ARE THE DIFFERENT TYPES? SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION Residential Commercial Grid Moratorium Page 65 of 183 PRIMARY FUNCTIONS VISUALIZED Page 66 of 183 FLOW MAP OF TIER II AND III SYSTEMS Page 67 of 183 CROSS SECTION OF A BESS CABINET Page 68 of 183 Primary Impact: Thermal Runaway WHAT ARE THE IMPACTS OF BESS SYSTEMS? SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION Page 69 of 183 Thermal Runaway: “A primary risk related to Lithium-ion batteries. It is a phenomenon in which the Lithium-ion cell enters an uncontrollable, self-heating state.” – UL Research Institutes To reduce the likelihood of thermal runaway, the batteries need to be isolated, cooled, and monitored. WHAT IS THE CAUSE OF THESE FIRES? Page 70 of 183 PSE Hired Power Systems Consultants to report the most viable sites in the service area. Christopher Substitution cited as “low risk” Puget Sound Energy announcing two BESS projects in the State. Appaloosa Solar Project (Garfield County) Greenwater BESS Project (Sumner) WHAT IS THE DEMAND? Page 71 of 183 Tier I (residential) BESS installations have limited negative impacts and will not be considered under this moratorium. Tier II and Tier III facilities may pose impacts to the safety, well-being and health to the residents and business in Auburn. The moratorium will provide needed time for the City to research these impacts and develop regulatory standards. Community Development and Public Works need to develop effective siting, construction, and operation regulations. WHAT IS THE REASON FOR THE MORATORIUM? SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION Page 72 of 183 Meetings with Valley Regional Fire Authority (VRFA) concluded the main method of extinguishing fires at BESS facilities is to continually douse the compromised rack with cool water. VRFA would be required to post several units at the site, for a multi shift response (12+ hours) and treated as a hazardous materials response. A fire would require a significant response. VRFA, Auburn Police, Department of Ecology, Puget Sound Clean Air Agency and other agencies. Community Development Staff are developing a new chapter in Title 18 to facilitate the siting, construction, and operation of BESS projects. WHAT IS THE JURISDICTIONAL RESPONSE? Page 73 of 183 Existing International Fire Code (IFC) and National Fire Protection Association (NFPA) Chapter 12 of the Washington State IFC (Est. March 2024) 2023 edition of the NFPA 855 Standard Installation of Stationary Energy Storage Systems International Building Code (IBC) siting and construction standards. Absent Comprehensive guidance on siting, construction, and operation of ESS facilities. Title 18 Zoning for siting and operation. Engineering Design Standards (EDS) WHAT STANDARDS? Page 74 of 183 PROPOSED TIMELINE May •Adopt Moratorium Jun •Research and program development Jul •Prepare zoning text amendment Aug •Present proposed text amendment to planning commission Sep •Present proposed text amendment to City Council Oct •Adopt amended code and moratorium expires Page 75 of 183 AUBURN VALUES S E R V I C E ENVIRONMENT E C O N O M Y C H A R A C T E R SUSTAINABILITY W E L L N E S S C E L E B R AT I O N Department of Community Development Planning Building Development Engineering Permit Center Economic Development Code Enforcement Page 76 of 183 www.greeningthegrid.org | www.nrel.gov/usaid-partnership GRID INTEGRATION TOOLKIT Grid-Scale Battery Storage Frequently Asked Questions 1. For information on battery chemistries and their relative advantages, see Akhil et al. (2013) and Kim et al. (2018). 2. For example, Lew et al. (2013) found that the United States portion of the Western Interconnection could achieve a 33% penetration of wind and solar without additional storage resources. Palchak et al. (2017) found that India could incorporate 160 GW of wind and solar (reaching an annual renewable penetration of 22% of system load) without additional storage resources. What is grid-scale battery storage? Battery storage is a technology that enables power system operators and utilities to store energy for later use. A battery energy storage system (BESS) is an electrochemical device that charges (or collects energy) from the grid or a power plant and then discharges that energy at a later time to provide electricity or other grid services when needed. Several battery chemistries are available or under investigation for grid-scale applications, including lithium-ion, lead-acid, redox flow, and molten salt (including sodium-based chemistries).1 Battery chemistries differ in key technical characteristics (see What are key characteristics of battery storage systems?), and each battery has unique advantages and disadvantages. The current market for grid-scale battery storage in the United States and globally is dominated by lithium-ion chemistries (Figure 1). Due to tech- nological innovations and improved manufacturing capacity, lithium-ion chemistries have experienced a steep price decline of over 70% from 2010-2016, and prices are projected to decline further (Curry 2017). Increasing needs for system flexibility, combined with rapid decreases in the costs of battery technology, have enabled BESS to play an increasing role in the power system in recent years. As prices for BESS continue to decline and the need for system flexibility increases with wind and solar deployment, more policymakers, regulators, and utili- ties are seeking to develop policies to jump-start BESS deployment. Is grid-scale battery storage needed for renewable energy integration? Battery storage is one of several technology options that can enhance power system flexibility and enable high levels of renewable energy integration. Studies and real-world experience have demonstrated that interconnected power systems can safely and reliably integrate high levels of renewable energy from variable renewable energy (VRE) sources without new energy storage resources.2 There is no rule-of- thumb for how much battery storage is needed to integrate high levels of renewable energy. Instead, the appropriate amount of grid-scale battery storage depends on system-specific characteristics, including: •The current and planned mix of generation technologies •Flexibility in existing generation sources •Interconnections with neighboring power systems •The hourly, daily, and seasonal profile of electricity demand, and •The hourly, daily, and seasonal profile of current and planned VRE. In many systems, battery storage may not be the most economic resource to help integrate renewable energy, and other sources of system flexibility can be explored. Additional sources of system flexibility include, among others, building additional pumped-hydro storage or transmission, increasing conventional generation flexibility, and changing operating procedures (Cochran et al. 2014).Figure 1: U.S. utility-scale battery storage capacity by chemistry (2008-2017). Data source: U.S. Energy Information Administration, Form EIA-860, Annual Electric Generator ReportAnnual Installed CapacityChemistry Energy (MWh) Power (MW) Year Installed 0 50 100 150 200 250 '17'16'15'14'13'12'11'10'09'08 '17'16'15'14'13'12'11'10'09'08 Lithium-Ion Other Redox FlowLead-acid Sodium-based EXHIBIT B Page 77 of 183 2Grid-Scale Battery Storage: Frequently Asked Questions What are the key characteristics of battery storage systems? • Rated power capacity is the total possible instantaneous discharge capability (in kilowatts [kW] or megawatts [MW]) of the BESS, or the maximum rate of discharge that the BESS can achieve, starting from a fully charged state. • Energy capacity is the maximum amount of stored energy (in kilowatt-hours [kWh] or megawatt-hours [MWh]) • Storage duration is the amount of time storage can discharge at its power capacity before depleting its energy capacity. For example, a battery with 1 MW of power capacity and 4 MWh of usable energy capacity will have a storage duration of four hours. • Cycle life/lifetime is the amount of time or cycles a battery storage system can provide regular charging and discharging before failure or significant degradation. • Self-discharge occurs when the stored charge (or energy) of the battery is reduced through internal chemical reactions, or without being discharged to perform work for the grid or a customer. Self-discharge, expressed as a percentage of charge lost over a certain period, reduces the amount of energy available for discharge and is an important parameter to consider in batteries intended for longer-dura- tion applications. • State of charge, expressed as a percentage, represents the battery’s present level of charge and ranges from completely discharged to fully charged. The state of charge influences a battery’s ability to provide energy or ancillary services to the grid at any given time. • Round-trip efficiency, measured as a percentage, is a ratio of the energy charged to the battery to the energy discharged from the battery. It can represent the total DC-DC or AC-AC efficiency of the battery system, including losses from self-discharge and other electrical losses. Although battery manufacturers often refer to the DC-DC efficiency, AC-AC efficiency is typically more important to utilities, as they only see the battery’s charging and discharging from the point of interconnection to the power system, which uses AC (Denholm 2019). What services can batteries provide? Arbitrage: Arbitrage involves charging the battery when energy prices are low and discharging during more expensive peak hours. For the BESS operator, this practice can provide a source of income by taking advantage of electricity prices that may vary throughout the day. One extension of the energy arbitrage service is reducing renewable energy curtailment. System operators and project developers have an interest in using as much low-cost, emissions-free renewable energy generation as possible; however, in systems with a growing share of VRE, limited flexibility of conventional generators and temporal mismatches between renewable energy supply and electricity demand (e.g., excess wind 3. See Mills and Wiser (2012) for a general treatment on the concept of capacity credit. generation in the middle of the night) may require renewable generators to curtail their output. By charging the battery with low-cost energy during periods of excess renewable generation and discharging during periods of high demand, BESS can both reduce renewable energy curtailment and maximize the value of the energy developers can sell to the market. Another extension of arbitrage in power systems without electricity markets is load-leveling. With load-levelling, system opera- tors charge batteries during periods of excess generation and discharge batteries during periods of excess demand to more efficiently coordinate the dispatch of generating resources. Firm Capacity or Peaking Capacity: System operators must ensure they have an adequate supply of generation capacity to reliably meet demand during the highest-demand periods in a given year, or the peak demand. This peak demand is typically met with higher-cost generators, such as gas plants; however, depending on the shape of the load curve, BESS can also be used to ensure adequate peaking generation capacity. While VRE resources can also be used to meet this requirement, these resources do not typically fully count toward firm capacity, as their generation relies on the availability of fluctuating resources and may not always coincide with peak demand. But system operators can improve VRE’s ability to contribute to firm capacity requirements through pairing with BESS. Pairing VRE resources with BESS can enable these resources to shift their generation to be coincident with peak demand, improving their capacity value (see text box below) and system reliability.3 Operating Reserves and Ancillary Services: To maintain reliable power system operations, generation must exactly match electricity demand at all times. There are various categories of operating reserves and ancillary services that function on different timescales, from subsec- onds to several hours, all of which are needed to ensure grid reliability. BESS can rapidly charge or discharge in a fraction of a second, faster Firm Capacity, Capacity Credit, and Capacity Value are important concepts for understanding the potential contribution of utility-scale energy storage for meeting peak demand. Firm Capacity (kW, MW): The amount of installed capacity that can be relied upon to meet demand during peak periods or other high-risk periods. The share of firm capacity to the total installed capacity of a generator is known as its capacity credit (%).3 Capacity Value ($): The monetary value of the contribution of a generator (conventional, renewable, or storage) to balancing supply and demand when generation is scarce. Page 78 of 183 3Grid-Scale Battery Storage: Frequently Asked Questions than conventional thermal plants, making them a suitable resource for short-term reliability services, such as Primary Frequency Response (PFR) and Regulation. Appropriately sized BESS can also provide longer-duration services, such as load-following and ramping services, to ensure supply meets demand. Transmission and Distribution Upgrade Deferrals: The electricity grid’s transmission and distribution infrastructure must be sized to meet peak demand, which may only occur over a few hours of the year. When anticipated growth in peak electricity demand exceeds the existing grid’s capacity, costly investments are needed to upgrade equipment and develop new infrastructure. Deploying BESS can help defer or circum- vent the need for new grid investments by meeting peak demand with energy stored from lower-demand periods, thereby reducing congestion and improving overall transmission and distribution asset utilization. Also, unlike traditional transmission or distribution investments, mobile BESS installations can be relocated to new areas when no longer needed in the original location, increasing their overall value to the grid. Black Start: When starting up, large generators need an external source of electricity to perform key functions before they can begin generating electricity for the grid. During normal system conditions, this external electricity can be provided by the grid. After a system failure, however, the grid can no longer provide this power, and generators must be started through an on-site source of electricity, such as a diesel generator, a process known as black start. An on-site BESS can also provide this service, avoiding fuel costs and emissions from conventional black-start generators. As system-wide outages are rare, an on-site BESS can provide additional services when not performing black starts. Table 1 below summarizes the potential applications for BESS in the electricity system, as well as whether the application is currently valued in U.S. electricity markets (Denholm 2018). Figure 2 shows the cumulative installed capacity (MW) for utility-scale storage systems in the United States in 2017 by the service the systems provide. Where should batteries be located? Utility-scale BESS can be deployed in several locations, including: 1) in the transmission network; 2) in the distribution network near load centers; or 3) co-located with VRE generators. The siting of the BESS has important implications for the services the system can best provide, and the most appropriate location for the BESS will depend on its intended-use case. In many cases, a BESS will be technically capable of providing a broad range of services in any of the locations described in the next section. Therefore, when siting storage, it is important to analyze the costs and benefits of multiple locations to determine the optimal siting to meet system needs. Considering all combinations of services the BESS can provide at each potential site will provide a better understanding of the expected revenue streams (see What is value-stacking?) and impact on the grid. In the Transmission Network BESS interconnected to the transmission system can provide a broad range of ancillary and transmission-related services. These systems can be deployed to replace or defer investments of peaking capacity, provide operating reserves to help respond to changes in generation and demand, or they can be used to defer transmission system upgrades in regions experiencing congestion from load or generation growth. Figure 3 below shows the configuration of a utility-scale storage system interconnected at the transmission substation level. In the Distribution Network Near Load Centers Storage systems located in the distribution network can provide all of the services as transmission-sited storage, in addition to several services related to congestion and power quality issues. In many areas, it may be difficult to site a conventional generator near load in order to provide peaking capacity, due to concerns about emissions or land use. Due to their lack of local emissions and their scalable nature, BESS systems can be co-located near load with fewer siting challenges than conventional generation. Placing storage near load can reduce transmission and distribution losses and relieve congestion, helping defer transmission and distribution upgrades. Distribution-level BESS systems can also provide local power quality services and support improved resilience during extreme weather events. Most storage systems in the United States provide operating reserves and ancillary services. Despite this current focus, the total U.S. market for these services is limited, and utility-scale storage may begin providing more firm and peak capacity in the near future. Nameplate Capacity 0 100 200 300 400 500 600 Operating Reserves and Ancillary Services Arbitrage, RE Curtailment Reduction and Load-levelling Firm Capacity or Peaking Capacity Transmission and Distribution Upgrade Deferrals Black Start Figure 2: U.S. Utility-scale battery storage capacity by service. Data source: U.S. Energy Information Administration, Form EIA-860, Annual Electric Generator Report Page 79 of 183 4Grid-Scale Battery Storage: Frequently Asked Questions Co-Located with VRE Generators Renewable resources that are located far from load centers may require transmission investments to deliver power to where it is needed. Given the variable nature of VRE resources, the transmission capacity used to deliver the power may be underutilized for large portions of the year. A BESS can reduce the transmission capacity needed to integrate these resources and increase the utilization of the remaining capacity by using storage to charge excess generation during periods of high resource availability and discharge during periods of low resource availability. The same BESS can be used to reduce the curtailment of VRE gen- eration, either due to transmission congestion or a lack of adequate demand, as well as provide a broad range of ancillary services. What is value-stacking? What are some examples of value-stacking opportunities and challenges? BESS can maximize their value to the grid and project developers by providing multiple system services. As some services are rarely called for (i.e., black start) or used infrequently in a given hour (i.e., spinning reserves), designing a BESS to provide multiple services enables a higher overall battery utilization. This multi-use approach to BESS is known as value-stacking. For example, a BESS project can help defer the need for new transmission by meeting a portion of the peak demand with stored energy during a select few hours in the year. When not meeting peak demand, the BESS can earn revenue by providing operating reserve services for the transmission system operator. Table 1: Applications of Utility-Scale Energy Storage Application Description Duration of Service Provision Typically Valued in U.S. Electricity Markets? Arbitrage Purchasing low-cost off-peak energy and selling it during periods of high prices. Hours Yes Firm Capacity Provide reliable capacity to meet peak system demand. 4+ hours Yes, via scarcity pricing and capacity markets, or through resource adequacy payments. Operating Reserves • Primary Frequency Response Very fast response to unpredictable variations in demand and generation. Seconds Yes, but only in a limited number of markets. • Regulation Fast response to random, unpredictable variations in demand and generation. 15 minutes to 1 hour Yes • Contingency Spinning Fast response to a contingency such as a generator failure. 30 minutes to 2 hours Yes • Replacement/ Supplemental Units brought online to replace spinning units. Hours Yes, but values are very low. • Ramping/Load Following Follow longer-term (hourly) changes in electricity demand. 30 minutes to hours Yes, but only in a limited number of markets. Transmission and Distribution Replacement and Deferral Reduce loading on T&D system during peak times. Hours Only partially, via congestion prices. Black-Start Units brought online to start system after a system-wide failure (blackout). Hours No, typically compensated through cost-of-service mechanisms. Page 80 of 183 5Grid-Scale Battery Storage: Frequently Asked Questions Some system services may be mutually exclusive depending on the BESS design (e.g., a short duration storage device used to supply regulating reserves would have limited value for deferring transmission or distribution upgrades). Even if a BESS is technically capable of pro- viding multiple services, the additional cycling of the battery (charging and discharging) may degrade the battery and shorten its lifetime and economic viability. Finally, a BESS can only provide a limited duration of any set of services before it runs out of charge, which means batteries must prioritize the services they provide.4 Regulators have a variety of options to enable BESS to maximize its economic potential through val ue-stacking. For example, the California Public Utilities Commission (CPUC) developed categories of services BESS can provide based on their importance for reliability and location on the grid, as well as 12 rules for utilities when procuring services from BESS (CPUC 2018). The CPUC rules: • Dictate that BESS projects can only provide services at the voltage level to which they are interconnected or higher, but not lower5; • Prioritize reliability services over non-reliability services and ensure storage cannot contract for additional services that would interfere with any obligation to provide reliability services; • Require that a BESS project comply with all performance and avail- ability requirements for services it provides and that noncompliance penalties be communicated in advance; • Require that a BESS project inform the utility of any services it currently provides or intends to provide; and • Take measures to prevent double compensation to BESS projects for services provided. 4. ANSI C84.1: Electric Power Systems and Equipment–Voltage Ratings (60 Hz) defines a low-voltage system as having a nominal voltage less than 1 kV and medium voltage as having a nominal voltage between 1 kV and 100 kV. 5. BESS interconnected at the distribution level can provide distribution or transmission level services, but BESS interconnected at the transmission level can only provide transmission-level services. These CPUC rules are just one example of how regulators can help ensure BESS projects can select the most cost-effective combinations of services to provide without negatively impacting the reliability of the grid. How are BESS operators compensated? BESS operators can be compensated in several different ways, including in the wholesale energy market, through bilateral contracts, or directly by the utility through a cost-of-service mechanism. In a wholesale energy market, the BESS operator submits a bid for a specific service, such as operating reserves, to the market operator, who then arranges the valid bids in a least-cost fashion and selects as many bids as necessary to meet the system’s demands. If the BESS operator’s bid is selected and the BESS provides the service, the operator will receive compensation equal to the market price. This process ensures transparent prices and technology-agnostic consideration; however, many services are currently not available in the market, such as black start or transmission and distribution upgrade deferrals. Alternatively, BESS operators can enter into bilateral contracts for services directly with energy consumers, or entities which procure energy for end-con- sumers. This process does not ensure transparency and contracts can differ widely in both prices and terms. Finally, some BESS are owned directly by the utilities to whom they provide services, such as upgrade deferrals. In these cost-of-service cases, the utility pays the BESS operator at the predetermined price and recovers the payments through retail electricity rates. In some jurisdictions, however, BESS may be prevented from extracting revenues through both wholesale markets and cost-of-service agreements (Bhatnagar et al. 2013). - + batteries =~~~ inverter/charger set-up transformer tie-line status info BMS* *Battery Management System systemoperator set points DC LV AC MV AC Figure 3: Key components of BESS interconnected at the transmission substation level. LV AC represents a low-voltage AC connection, while MV AC represents a medium-voltage AC connection.4 Source: Denholm (2019) Page 81 of 183 6Grid-Scale Battery Storage: Frequently Asked Questions How does the value of batteries change with renewable energy deployment and increased VRE penetration? The amount of renewable energy on the grid can influence the value and types of the services provided by a BESS. Increased levels of renewable energy may increase the need for frequency control services to manage increased variability and uncertainty in the power system. Increased levels of VRE penetration can also change the shape of the net load, or the load minus the VRE generation, influencing BESS projects that provide load following, arbitrage, peaking capacity, or similar services. Models of the California system have shown a strong relationship between solar PV deployment and BESS’ ability to replace conventional peaking capacity, also known as the BESS capacity credit (Denholm and Margolis 2018). As the shape of the load curve affects the ability of storage to provide peaking capacity, resources such as PV that cause load peaks to be shorter will enable shorter duration batteries, which are less expensive, to displace conventional peaking capacity. Initially, low levels of PV penetration may flatten the load curve, reducing BESS’ ability to cost-effectively offset the need for conventional peaking plants.6 At higher levels of solar PV penetration, however, the net load curve becomes peakier, increasing the ability and value of BESS to reduce peak demand. Figure 4 illustrates how increasing levels of PV generation change the shape of the net load, causing it to become peakier. The shaded areas above and under the net load curves indicate BESS charging and discharging, while the text boxes show the amount of net load peak reduction (MW) and the total amount of energy met by BESS during the net load peak (MWh). 6. This is demonstrated by Denholm and Margolis (2018) for the California system. What are the key barriers to BESS deployment? Barriers to energy storage deployment can be broadly grouped into three different categories: regulatory barriers, market barriers, and data and analysis capabilities. 1. Regulatory Barriers • Lack of rules and regulations to clarify the role of BESS. Although storage may be technically able to provide essential grid services, if no regulations or guidelines explicitly state that storage can provide these services, utilities and market operators may be unwilling to procure services from BESS. Furthermore, without a guarantee that services provided by a BESS project will be compensated, storage developers and financing institutions may be unwilling to make the necessary capital investments. Federal Energy Regulatory Commission (FERC) Order 841 addressed this issue in U.S. wholesale markets and directed market operators to develop rules governing storage’s participation in energy, capacity, and ancillary service markets. Among other requirements, the rules must ensure open and equal access to the market for storage systems, taking into consideration their unique operating and technical characteristics (FERC 2018). • Restrictions or lack of clarity around if and how storage can be used across generation, transmission, and distribution roles. The variety of different services storage can provide often cuts across multiple markets and compensation sources. For instance, frequency regulation may be compensated in a wholesale market, but transmission or distribution investment deferrals may be compensated as a cost of service by the utility or system operator. In some jurisdictions, providing services across different compensation sources is restricted by regulation. Limiting the services batteries can provide based on where the service is provided or how it is compensated can influence how often they are utilized and whether they remain an economic investment (Bhatnagar 2013). 2. Market Barriers • Lack of markets for system services. A lack of markets for services that batteries are uniquely suited to provide can make it difficult for developers to include them as potential sources of income when making a business case, deterring investment. For example, in most U.S. Independent System Operator (ISO) markets, generators are currently expected to provide inertial and governor response during frequency excursions without market compensation. Although BESS can provide the same services, currently there is no way for BESS to seek market compensation for doing so. Furthermore, the price formation for a service may have evolved for conventional generators, meaning the presence 0 6 12 18 24 60,000 50,000 Net Demand (MW)Hour of Day 40,000 30,000 20,000 10,000 0 PV Penetration 0% PV 20% PV 10,385 MWh, 4296 MW 4,841 MWh, 2019 MW Figure 4: Change in California net load shape due to PV. Adapted from Denholm and Margolis (2018) Page 82 of 183 7Grid-Scale Battery Storage: Frequently Asked Questions of batteries in the market could distort prices, affecting storage systems and conventional generators alike (Bhatnagar 2013). • Lack of discernment in quality and quantity of services procured. For some services, such as frequency regulation, the speed and accuracy of the response is correlated to its overall value to the system. Battery systems can provide certain services much faster and more accurately than conventional resources, which may not be reflected in compensation for the service. Markets can provide fair compensation to BESS by aligning compensation schemes with the quality of service provided, as is mandated by FERC Order 755, which requires compensation for frequency regulation that reflects “the inherently greater amount of frequency regulation service being provided by faster-ramping resources” (FERC 2011). Similarly, BESS can be uniquely suited to provide up- or down-regulation, given their larger operating range over which to provide regulating reserves (due to their lack of a minimum stable level and ability to provide up- and down-regulation in excess of their nameplate capacity, based on whether they are charging or discharging) (Denholm 2019). These unique features of BESS are not necessarily reflected in the procurement requirements and compensation of such services, diminishing BESS’ economic viability. 3. Data and Analysis Capabilities Battery storage systems are an emerging technology that exhibit more risk for investors than conventional generator investments. These risks include the technical aspects of battery storage systems, which may be less understood by stakeholders and are changing faster than for other technologies, as well as potential policy changes that may impact incentives for battery deployment. Given the relatively recent and limited deployment of BESS, many stakeholders may also be unaware of the full capabilities of storage, including the ability of a BESS to provide multiple services at both the distribution and transmission level. At the same time, traditional analysis tools used by utilities may be inadequate to fully capture the value of BESS. For example, production cost models typically operate at an hourly resolution, which does not capture the value of BESS’ fast-ramping capa- bilities. The gaps in data and analysis capabilities and lack of adequate tools can deter investments and prevent battery storage from being considered for services that can be provided by better understood conventional generators (Bhatnagar et al. 2013). What are some real-world examples of batteries providing services and value- stacking? There are several deployments of BESS for large-scale grid applications. One example is the Hornsdale Power Reserve, a 100 MW/129 MWh lithium-ion battery installation, the largest lithium-ion BESS in the world, which has been in operation in South Australia since December 2017. The Hornsdale Power Reserve provides two distinct services: 1) energy arbitrage; and 2) contingency spinning reserve. The BESS can bid 30 MW and 119 MWh of its capacity directly into the market for energy arbitrage, while the rest is withheld for maintaining grid frequency during unexpected outages until other, slower generators can be brought online (AEMO 2018). In 2017, after a large coal plant tripped offline unexpectedly, the Hornsdale Power reserve was able to inject several megawatts of power into the grid within milliseconds, arresting the fall in grid frequency until a gas generator could respond. By arresting the fall in frequency, the BESS was able to prevent a likely cascading blackout. Another example of value-stacking with grid-scale BESS is the Green Mountain Power project in Vermont. This 4 MW lithium-ion project began operation in September 2015 and is paired with a 2 MW solar installation. The installation provides two primary functions: 1) backup power and micro-grid capabilities; and 2) demand charge reductions. The solar-plus-storage system enables the utility to create a micro-grid, which provides power to a critical facility even when the rest of the grid is down. The utility operating the BESS also uses it to reduce two demand charges: an annual charge for the regional capacity market and a monthly charge for the use of transmission lines. Sandia National Laboratories estimated that reducing the annual demand charge for a single year saved the utility over $200,000 (Schoenung 2017). References AEMO (Australian Energy Market Operator). Hornsdale Wind Farm 2 FCAS Trial. Knowledge Sharing Paper. Melbourne, Australia: AEMO. https://www.aemo.com.au/-/media/Files/Electricity/NEM/Strategic- Partnerships/2018/HWF2-FCAS-trial-paper.pdf. Akhil, Abbas, Georgianne Huff, Aileen Currier, Benjamin Kaun, Dan Rastler, Stella Bingquing Chen, Andrew Cotter, et al. Electricity Storage Handbook. SAND2013-5131. DOE, EPRI, NRECA. July 2013. https:// www.sandia.gov/ess-ssl/lab_pubs/doeepri-electricity-storage-handbook/. Bhatnagar, Dhruv, Aileen Currier, Jacquelynne Hernandez, Ookie Ma, and Kirby Brendan. Market and Policy Barriers to Energy Storage Deployment. SAND2013-7606. Albuquerque, NM: Sandia National Laboratories. September 2013. https://www.sandia.gov/ess-ssl/publica- tions/SAND2013-7606.pdf. Cochran, Jaquelin, Mackay Miller, Owen Zinaman, Michael Milligan, Doug Arent, Bryan Palmintier, Mark O’Malley, et al. “Flexibility in 21st Century Power Systems.” NREL/TP-6A20-61721. 21st Century Power Partnership. Golden, CO: NREL. May 2014. https://www.nrel.gov/docs/ fy14osti/61721.pdf. CPUC (California Public Utilities Commission). Decision on Multiple-Use Application Issues. Rulemaking 15-03-011. January 17, 2018. http://docs.cpuc.ca.gov/PublishedDocs/Published/G000/M206/ K462/206462341.PDF. Curry, Claire. “Lithium-Ion Battery Costs and Market.” Market Report. Bloomberg New Energy Finance. July 5, 2017. https://data.bloomberglp. com/bnef/sites/14/2017/07/BNEF-Lithium-ion-battery-costs-and- market.pdf. Page 83 of 183 8Grid-Scale Battery Storage: Frequently Asked Questions Jennifer E. Leisch, Ph.D. USAID-NREL Partnership Manager U.S. Agency for International Development Tel: +1-303-913-0103 | Email: jleisch@usaid.gov Ilya Chernyakhovskiy Energy Analyst National Renewable Energy Laboratory Tel: +1-303-275-4306 Email: ilya.chernyakhovskiy@nrel.gov The Grid Integration Toolkit provides state-of-the-art resources to assist developing countries in integrating variable renewable energy into their power grids. Greening the Grid is supported by the U.S. Agency for International Development. The USAID-NREL Partnership addresses critical challenges to scaling up advanced energy systems through global tools and technical assistance, including the Renewable Energy Data Explorer, Greening the Grid, the International Jobs and Economic Development Impacts tool, and the Resilient Energy Platform. More information can be found at: www.nrel.gov/usaid-partnership. www.greeningthegrid.org | www.nrel.gov/usaid-partnership This work was authored, in part, by the National Renewable Energy Laboratory (NREL), operated by Alliance for Sustainable Energy, LLC, for the U.S. Department of Energy (DOE) under Contract No. DE-AC36-08GO28308. Funding provided by the United States Agency for International Development (USAID) under Contract No. IAG-17-2050. The views expressed in this report do not necessarily represent the views of the DOE or the U.S. Government, or any agency thereof, including USAID. Denholm, Paul. “Greening the Grid: Utility-Scale Battery Storage.” Webinar. Clean Energy Solutions Center. February 28, 2019. https://cleanenergysolutions.org/training/ greening-grid-utility-scale-battery-storage. Denholm, Paul. “Batteries and Storage: Truly a Game Changer?” presented at the JISEA 2018 Annual Meeting in Golden, CO. April 4, 2018. https://www.jisea.org/assets/pdfs/denholm-jisea-2018.pdf. Denholm, Paul, and Robert Margolis. The Potential for Energy Storage to Provide Peaking Capacity in California under Increased Penetration of Solar Photovoltaics. NREL/TP-6A20-70905. Golden, CO: NREL. March 2018. https://www.nrel.gov/docs/fy18osti/70905.pdf. FERC. Electric Storage Participation in Markets Operated by Regional Transmission Organizations and Independent System Operators. Order No. 841. Issued February 15, 2018. https://www.ferc.gov/whats-new/ comm-meet/2018/021518/E-1.pdf. FERC. Frequency Regulation Compensation in the Organized Wholesale Power Markets. Order No. 755. Issued October 20, 2011. https://www. ferc.gov/whats-new/comm-meet/2011/102011/E-28.pdf. Kim, Dae Kyeong, Susumu Yoneoka, Ali Zain Banatwala, and Yu-Tack Kim. Handbook on Battery Energy Storage System. Manila, Philippines: Asian Development Bank. December 2018. https://www.adb.org/ publications/battery-energy-storage-system-handbook. Lew, D., G. Brinkman, E. Ibanez, A. Florita, M. Heaney, B.-M. Hodge, M. Hummon, et al. The Western Wind and Solar Integration Study Phase 2. NREL/TP-5500-55588. Golden, CO: NREL. September 2013. https:// www.nrel.gov/docs/fy13osti/55588.pdf. Mills, Andrew, and Ryan Wiser. Changes in the Economic Value of Variable Generation at High Penetration Levels: A Pilot Case Study of California. LBNL-5445E. Berkeley, CA: Lawrence Berkeley National Laboratory. June 2012. https://emp.lbl.gov/sites/all/files/lbnl-5445e.pdf. Palchak, David, Jaquelin Cochran, Ali Ehlen, Brendan McBennett, Michael Milligan, Ilya Chernyakhovskiy, Ranjit Deshmukh, et al. Pathways to Integrate 175 Gigawatts of Renewable Energy into India’s Electric Grid, Vol. I—National Study. Golden, CO: NREL. June 2017. https://www.nrel.gov/docs/fy17osti/68530.pdf. Schoenung, Susan, Raymond H. Byrne, Todd Olinsky-Paul, and Daniel R. Borneo. Green Mountain Power (GMP): Significant Revenues from Energy Storage. Albuquerque, NM: Sandia National Laboratories. May 2017. https://www.sandia.gov/ess-ssl/publications/SAND2017-6164.pdf. Written by Thomas Bowen, Ilya Chernyakhovskiy, Paul Denholm, National Renewable Energy Laboratory NREL/TP-6A20-74426 | September 2019 NREL prints on paper that contains recycled content.Page 84 of 183 Valley Regional Fire Authority Selfless Service. Integrity. Grit. VRFA Headquarters, 1101 D Street NE, Auburn, WA 98002 (253) 288-5800 · vrfa.org · askthevrfa@vrfa.org Published: 10/23/2024 The increasing use of commercial-scale Battery Energy Storage Systems (BESS) introduces new safety and emergency response challenges. As the Valley Regional Fire Authority (VRFA) adapts to these emerging technologies, it is essential to focus on site design, hazardous material management, proper personnel training, and having a well-structured emergency response plan. These elements are critical for ensuring a safe and effective response to any BESS incident. To manage these risks, VRFA relies on the International Fire Code (IFC) and the National Fire Protection Association (NFPA) standards while evaluating all proposed development that falls within our purview. The proposed project will follow the 2023 edition of NFPA 855, Standard for the Installation of Stationary Energy Storage Systems, and the amended Chapter 12 of the Washington State IFC, which took effect on March 15, 2024, through an emergency ruling by the State Building Council to ensure the most current safety measures can be applied towards BESS development. Additionally, the project will adhere to the City of Auburn (COA) Engineering and Design Standards (EDS), interpreting all other IFC codes from the appropriate code cycle for the project. To allow Valley Regional Fire Authority to follow the best practices for emergency response outlined in Tesla’s Industrial Lithium-Ion Battery Emergency Response Guide for the Megapack, onsite hydrants meeting section 7.06.01 of COA EDS will be required. Each Tesla Megapack must follow the commercial hydrant spacing requirements for commercial development. With the probability of water being applied during an emergency fire event at the property, onsite water containment should be considered to help prevent contaminated runoff into the nearby protected wetlands. VRFA is an all-hazards fire agency and will respond to all fire, medical, and other emergencies within the cities of Algona, Auburn, Pacific, and Fire District 31. This would include any emergency incidents at BESS facilities. However, any response to a BESS site, especially a fire or discharge event, would likely require both local and regional assets due to the unique features and risks associated with these sites. A fire or discharge incident at a BESS facility would be treated as a hazardous materials incident. All VRFA emergency response personnel are trained to an Operations level for hazardous materials EXHIBIT C Page 85 of 183 Valley Regional Fire Authority 2 response as defined in WAC 296-824-30005, Safety Standards for Emergency Response, while three are trained to the higher Technician level. This distribution is similar in other local fire departments. Because of these training levels and the high-risk, low frequency nature of hazardous materials incidents, the VRFA and our regional partners rely on automatic and mutual aid agreements to respond to and mitigate hazardous materials incidents. Response modeling determines the type, number, and order of emergency response assets to incidents based on established risk management criteria. Currently, an initial hazardous emergency response to a BESS site in Auburn would include VRFA, Puget Sound Regional Fire Authority, South King Fire and Rescue, and Renton Regional Fire Authority, at minimum. Combined with a fire response, there may be a significant impact on the area and the availability of fire-based resources. Furthermore, a review of previous incidents has shown that these emergencies span multiple operational periods – i.e., 12 or more hours – as the prescribed method for remediation of thermal events is to let the systems burn. This may necessitate extended evacuations and/or road closures due to smoke, water runoff from exposure protection, and the large presence of emergency vehicles. Finally, a prolonged response to a BESS would require coordinated public safety response and ongoing messaging to the community from VRFA, the City of Auburn, and other partners. Page 86 of 183 Incident Review— Melba Battery Fire Presentation to Canyon County October 18, 2023 EXHIBIT D Page 87 of 183 Topics to Cover Melba Incident Review Air Quality Testing Results Fire Response & Investigation Inspection & Remediation Other Lessons Learned Current & Future Battery Storage Needs Page 88 of 183 Introductions •Megan Ronk,Economic Development & Innovations Director •Eric Hackett,Projects & Design Senior Manager •Bill Norris,Environmental Compliance Manager •Angelique Rood, Regional Manager Page 89 of 183 Melba Incident Review •The fire was reported to Idaho Power at 5:20 a.m., Monday Oct. 2 •Idaho Power arrived on-site at 6:02 a.m. •Neighbors were encouraged to evacuate, hotels offered •Fire responders reported on-site, no action needed •Roads were closed to maintain a 200 ft perimeter •Regular updates to fire, city, and county throughout event •Industrial Hygiene Professionals arrived to begin air quality testing at approximately 11:00 a.m. –National firm with mobile instrumentation arrived Tuesday, Oct. 3 Page 90 of 183 Air Quality Testing Results •3rd party real-time air monitoring –Immediate monitoring conducted afternoon and evening of Oct. 2 –Continuous monitoring performed evening of Oct. 3–Oct. 5 (duration of fire) –Analyte selection: vendor material information and common contaminants from fires –Sampling locations based on nearby residential dwellings and prevailing winds No detected analytes above health-based action levels Page 91 of 183 Fire Response & Investigation •Idaho Power and battery supplier monitored 24x7 until fire was extinguished •Advised by battery supplier to not add water or retardant, consistent with current industry practices Page 92 of 183 Fire Response & Investigation •Comprehensive investigation at Melba –Battery supplier believes the root cause to be water intrusion –Short-circuit caused heat that ignited the battery cells –Fire spread between battery segments until it burned out •Supplier believes that an identified defective unit is where the fire originated due to water intrusion •Idaho Power third-party experts engaged to provide independent conclusions and recommend appropriate mitigation measures •Developing plans for removal Page 93 of 183 Inspection & Remediation •Melba incident has emphasized heightened need and awareness for inspection and remediation across Idaho Power battery systems –Meet specifications, codes, and testing ratings –Ensure safe operation –Ensure emergency response clarity •Complete inspection of all battery systems with supplier and independent third-party –Water intrusion –Defects –Mitigation measures and success Page 94 of 183 Inspection & Remediation •Determine appropriate mitigation strategies –Resolve water intrusion –Reduce propagation between battery segments •Consult with third-party experts to ensure ongoing safe operation •Develop additional procedures, processes, inspection protocols, and contingency plans •Complete rigorous technical and engineering diligence and specification review of future suppliers Page 95 of 183 Other Lessons Learned •Improved coordination with stakeholders prior to battery installation is necessary –Training with public safety partners –Better communication with city and county officials •Idaho Power staff to be better equipped with information on battery units to aid in communication and information sharing •Previous work with Canyon County aided in cooperation during the event –Messaging was timely, coordinated, and accurate Page 96 of 183 Other Lessons Learned •Operational experience –Establish subject expertise –Mitigation strategies –Contingency planning –Emergency response Page 97 of 183 Current & Future Battery Storage Needs •Growth info –Capacity needs-23% customer growth in Canyon County (2018-2023) •Why Melba specifically –Steady load growth –Batteries supports local peak demand and help meet system needs –Affordable and reliable –Local resiliency benefits •Other Canyon County installations –Happy Valley Substation (Nampa) Page 98 of 183 Melba Project Timeline •Need identified in spring 2021 –Transformer overload given sustained growth in Melba –2-MW four-hour battery storage system –Defer transformer upgrade by 10+ years •Supplier solicitation, review, and contract through the end of 2021 –Numerous suppliers evaluated based on specification, timeline, and cost Page 99 of 183 Melba Project Timeline •Batteries were delivered/installed in summer 2023 •Testing/commissioning began in September 2023 –Control electronics, monitoring equipment, auxiliary power, fire suppression system, HVAC •Expected to be fully operational in early October Page 100 of 183 Our Electric Grid Page 101 of 183 How Batteries Can Help Page 102 of 183 The Future of Battery Storage •Industry is advancing technology, including safe operations –Worldwide, batteries are generally proven and safe –Supplier/industry expertise –Battery experts –Community collaboration •Affordable and reliable –Anticipated in Idaho Power Integrated Resource Plan •Provide ability to store energy to meet customer needs at any time –Potential to support economic development and meet timelines –Support local needs as well as system benefits Page 103 of 183 Questions Page 104 of 183 EXHIBIT E Page 105 of 183 Page 106 of 183 Page 107 of 183 Page 108 of 183 Page 109 of 183 Page 110 of 183 /s/ Mark Orthmann, as authorized by email on May 14, 2024 Page 111 of 183 FINAL BILL REPORT E2SHB 1216 C 230 L 23 Synopsis as Enacted Brief Description: Concerning clean energy siting. Sponsors: House Committee on Appropriations (originally sponsored by Representatives Fitzgibbon, Doglio, Berry, Reed, Simmons, Macri, Fosse and Pollet; by request of Office of the Governor). House Committee on Environment & Energy House Committee on Appropriations Senate Committee on Environment, Energy & Technology Senate Committee on Ways & Means Background: Energy Facility Siting. The Energy Facility Site Evaluation Council (EFSEC) was established in 1970 to provide a single siting process for major energy facilities. The EFSEC coordinates all evaluation and licensing steps for siting certain energy facilities, as well as specifies the conditions of construction and operation. After evaluating an application, the EFSEC submits a recommendation either approving or rejecting an application to the Governor, who makes the final decision on site certification. If approved by the Governor, a site certification agreement is issued in lieu of any other individual state or local agency permits. The laws that require or allow a facility to seek certification through the EFSEC process apply to the construction, reconstruction, and enlargement of energy facilities, biorefineries, and electrical transmission facilities, with many specifications. Energy facilities of any size that exclusively use alternative energy resources, such as wind or solar energy, may opt into the EFSEC review and certification process. Energy facilities that exclusively use alternative energy resources that choose not to opt in to the EFSEC review and certification process must instead receive applicable state and local agency development and environmental permits for their projects directly from each agency. This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not part of the legislation nor does it constitute a statement of legislative intent. E2SHB 1216-1 -House Bill Report EXHIBIT F Page 112 of 183 Projects of Statewide Significance. Since 1997 a process has existed to support the development of certain types of industrial projects of statewide significance. To qualify for designation as a project of statewide significance, a project must meet capital investment or job creation requirements. Possible designations include: (1) border-crossing projects; (2) private projects investing in manufacturing, research, and development; (3) projects that will provide a net environmental benefit; and (4) projects that will further commercialization of an innovation. The Legislature has designated certain types of projects as projects of statewide significance; for all other types of projects, an application for designation as a project of statewide significance must be submitted to the Department of Commerce. The application must include a letter of approval from jurisdictions where a project is located and must commit to providing the local staff necessary to expedite the completion of a project. Counties and cities with projects must enter into agreements with the Governor's Office of Regulatory Innovation and Assistance (ORIA) and local project managers to expedite the processes necessary for the design and construction of projects. The ORIA must provide facilitation and coordination services to expedite completion of industrial projects of statewide significance. The project proponents may provide the funding necessary for the local jurisdiction to hire the staff required to expedite the process. State Environmental Policy Act. The State Environmental Policy Act (SEPA) establishes a review process for state and local governments to identify environmental impacts that may result from governmental decisions, such as the issuance of permits or the adoption of land use plans. The SEPA environmental review process involves a project proponent or the lead agency completing an environmental checklist to identify and evaluate probable environmental impacts. If an initial review of the checklist and supporting documents results in a determination that the government decision has a probable significant adverse environmental impact, known as a threshold determination, the proposal must undergo a more comprehensive environmental analysis in the form of an environmental impact statement (EIS). If the SEPA review process identifies significant adverse environmental impacts, the lead agency may deny a government decision or may require mitigation for identified environmental impacts. Under SEPA rules adopted by the Department of Ecology (Ecology), after the submission of an environmental checklist and prior to a lead agency's threshold determination, an applicant may ask the lead agency to indicate whether it is considering a determination of significance. If the lead agency indicates that a determination of significance is likely, the applicant may clarify or change features of the proposal to mitigate the impacts which led the agency to consider a determination of significance to be the likely threshold determination. If an applicant revises the environmental checklist as necessary to describe the clarifications or changes, the lead agency must make its threshold determination based on the changed or clarified proposal. Lead agencies undertaking SEPA review must aspire to finish an EIS as expeditiously as possible without compromising the integrity of the analysis. For complex government E2SHB 1216- 2 -House Bill Report Page 113 of 183 decisions, the lead agency must aspire to finish an EIS within 24 months of making a threshold determination that an EIS is needed; for government decisions with narrower and more easily identifiable environmental impacts, the lead agency must aspire to finish in far less time than 24 months. The aspirational time limit does not create civil liability or a new cause of action against a lead agency. Ecology must submit a report to the Legislature every two years on recent EISs. Under SEPA rules, when a lead agency prepares an EIS on a nonproject proposal, the lead agency has less detailed information available on environmental impacts and the environmental impacts of any subsequent project proposals that may follow the EIS. The lead agency's nonproject EIS must discuss impacts and alternatives in the level of detail appropriate to the scope of the proposal and the level of planning for the proposal. If a specific geographic area is the focus of a nonproject EIS, site specific analyses are not required but may be included for specific areas of concern. After the approval of a nonproject EIS by the lead agency based on the EIS assessing the proposal's broad impacts, when a project is proposed that is consistent with the approved nonproject action that was the subject of the nonproject EIS, the EIS for the project proposal must focus on the impacts and alternatives, including mitigation measures, that are specific to the subsequent project and that were not analyzed in the nonproject EIS. Procedures allow for the adoption and use of portions of the nonproject EIS in a subsequent project-level SEPA review. Lead agencies must, at the time of project-level SEPA review, evaluate the nonproject EIS that was previously completed to ensure that the nonproject analysis is valid when applied to the current proposal, knowledge, and technology. If a nonproject EIS's analysis is no longer valid, the analysis must be reanalyzed in the project-level EIS. Local Project Review. Counties and cities planning under the Growth Management Act (GMA) are required to establish an integrated and consolidated development permit process for all projects involving two or more permits and to provide for no more than one open record hearing and one closed record appeal. Other jurisdictions may incorporate some or all of the integrated and consolidated development permit process. The permit process must include a determination of completeness of the project application within 28 days of submission. A project permit application is determined to be complete when it meets the local procedural submission requirements even if additional information is needed because of subsequent project modifications. Within 14 days of receiving requested additional information, the local government must notify the applicant whether the application is deemed complete. The determination of completeness does not preclude the local government from requesting additional information if new information is required or substantial project changes occur. A project permit application is deemed complete if the GMA jurisdiction does not provide the determination within the required time period. Summary: Interagency Clean Energy Siting Coordinating Council. E2SHB 1216- 3 -House Bill Report Page 114 of 183 An Interagency Clean Energy Siting Coordinating Council (Coordinating Council) is created, and is co-chaired and co-staffed by the Department of Ecology (Ecology) and the Department of Commerce (Commerce). The Coordinating Council must have participation from at least 11 named state agencies or offices in addition to Ecology and Commerce. The Coordinating Council's responsibilities are enumerated and include: identifying actions to improve the siting and permitting of clean energy projects;• tracking federal government efforts;• soliciting input from parties with interests in clean energy project siting and permitting; and • supporting the creation and annual update of a list to be published by the Governor's Office of Indian Affairs containing contacts at federally recognized Indian tribes, applicable tribal laws on consultation, and tribal preferences regarding clean energy project siting and outreach. • The Coordinating Council must provide annual updates to the Governor and the Legislature. The Coordinating Council must advise Commerce in contracting for an independent third party to evaluate state agency siting and permitting processes, identify successful models used in other states for siting and permitting clean energy projects, and make recommendations for improvements by July 1, 2024. The Coordinating Council, led by Ecology, must also pursue development of a consolidated clean energy application and must explore development of a consolidated permit for clean energy projects. Ecology must update the Legislature on the consolidated clean energy application and the consolidated permit by the second half of 2024. Clean Energy Projects of Statewide Significance. Commerce must establish an application process for the designation of Clean Energy Projects of Statewide Significance (CEPSS). The CEPSS process contains similar elements to the existing Projects of Statewide Significance process, but is independent of that process. Applicants must demonstrate certain information to Commerce as part of the CEPSS application, including an explanation of how the project will contribute to the state's achievement of state greenhouse gas emission limits and be consistent with the state energy strategy, how the product will contribute to the state's economic development goals, and a plan for meaningful engagement and information sharing with potentially affected federally recognized Indian tribes. The clean energy projects eligible for designation as a CEPSS include: certain types of clean energy product manufacturing facilities;• electrical transmission facilities that don't primarily or solely serve fossil fuel electric generation facilities; • facilities that produce electric generation from renewable resources or that do not result in greenhouse gas emissions, with the exception of certain hydroelectric facilities; • storage facilities;• E2SHB 1216- 4 -House Bill Report Page 115 of 183 facilities and projects at any facilities that exclusively or primarily process biogenic feedstocks into biofuel; • biomass energy facilities;• facilities or projects at any facilities that exclusively or primarily process alternative jet fuel that has 40 percent lower greenhouse gas emissions than conventional jet fuel; • projects or facility upgrades undertaken by emissions-intensive trade exposed industries classified under the Climate Commitment Act (CCA) to align with the CCA's cap trajectory, where a project does not degrade local air quality; and • storage, transmission, handling, or other related and supported facilities associated with any of the above facilities. • Commerce must determine within 60 business days of receipt of a complete application whether to designate a clean energy project as a CEPSS, taking into consideration criteria including the applicant's need for coordinated state assistance, whether a nonproject environmental review process or least-conflict siting process has been carried out in the project's area, and the potential impacts on environmental and public health. Commerce may designate an unlimited number of CEPSS. The Coordinated Permit Process Available to Clean Energy Projects. Ecology is given certain responsibilities for coordinating a fully coordinated permitting process for clean energy projects. The coordinated permitting process serves as an option, but not a requirement, for those seeking permits for clean energy projects. Upon request, Ecology must conduct an initial assessment of a clean energy project to determine the level of coordination needed and the complexity, size, and need for assistance of the project, including specified permitting and environmental review processes. Ecology's initial assessment must be documented in writing, made available to the public, and completed within 60 days of the request for the initial assessment. A clean energy project proponent may request that Ecology convene a fully coordinated permit process. A clean energy project proponent must provide specified information and enter into a cost reimbursement agreement with Ecology to cover the costs to Ecology and other agencies in carrying out the coordinated permit process. To convene the coordinated permit process, Ecology must determine that the clean energy project raises complex coordination, permit processing, or substantive review issues. Ecology serves as the main point of contact for the project proponent and participating agencies, and keeps a schedule identifying procedural steps in the permitting process and highlighting substantive issues that require resolution. A project proponent may withdraw from the coordinated permit process. Within 30 days of accepting a project for the coordinated permit process, Ecology must convene a work plan meeting to develop a coordinated permit process schedule with the project proponent, local government, and participating permit agencies. Each participating agency and the lead agency under the State Environmental Policy Act (SEPA) must send E2SHB 1216- 5 -House Bill Report Page 116 of 183 representatives to the work plan meeting, and relevant federal agencies and potentially affected federally recognized Indian tribes must be notified and invited to participate. Any accelerated time periods for permits or SEPA review under the coordinated permit process schedule must be consistent with statute, rules, regulations, or adopted state policies, standards, and guidelines for public participation and the participation of other agencies and federally recognized Indian tribes. The coordinated permit process schedule must be finalized and made available to the public after the work plan meeting. Cities and counties with development projects determined as eligible for the coordinated permit process within their jurisdictions must enter into an agreement with Ecology or project proponents for expediting the completion of projects, including expedited permit processing and environmental review processing. Following specified procedures, Ecology must offer early, meaningful, and individual consultation with any affected federally recognized Indian tribe on a clean energy project participating in the coordinated permit process. Ecology must identify overburdened communities that might be potentially affected by the clean energy project and verify that these communities have been meaningfully engaged in the regulatory processes in a timely manner by participating agencies. Applicants using the fully coordinated permit process are not eligible to apply for site certification under the Energy Facility Site Evaluation Council (EFSEC) process unless a substantial change is made to the proposed project. The CEPSS designation and coordinated permit process does not affect the jurisdiction of the EFSEC, limit or abridge the powers of a participating permit agency, or prohibit a state agency, local government, federally recognized Indian tribe, or CEPSS applicant or project proponent from entering into nondisclosure agreements related to confidential proprietary information. State Environmental Policy Act for Clean Energy Projects. A number of new provisions are added to SEPA that apply to clean energy project proposals: In addition to the 24 month aspirational timeline that applies to all SEPA environmental impact statements (EISs), lead agencies are directed to complete an EIS for a clean energy project within 24 months of a threshold determination. Lead agencies may work with a project applicant to set or extend a time limit longer than 24 months. Lead agencies must work collaboratively with agencies that have actions requiring SEPA review for a clean energy project to develop a schedule that includes a list of agency responsibilities, actions, and deadlines. Failure to comply with the SEPA timeline requirements is not subject to appeal, does not invalidate SEPA review, and does not create civil liability or create a new cause of action. • Lead agencies may not combine the evaluation of a clean energy project proposal with other proposals unless the proposals are closely related or the applicant agrees to • E2SHB 1216- 6 -House Bill Report Page 117 of 183 a combined SEPA review. Lead agencies may require mitigation measures for clean energy projects only to address the environmental impacts that are attributable to and caused by a proposal. After submitting an environmental checklist, but prior to a threshold determination, a lead agency must notify a clean energy project applicant that a project proposal is likely to result in a determination of significance. The lead agency must provide the project applicant the option of withdrawing or revising the application, and must use any revised application as the basis for the threshold determination. • Ecology must prepare three nonproject EISs: one for solar energy projects, one for onshore wind energy projects, and one for green electrolytic or renewable hydrogen projects. Each nonproject EIS must include analysis of co-located battery storage for such hydrogen, solar, and wind projects. Ecology must include certain information in the nonproject EIS and address specified types of environmental impacts, and determine the EIS's scope based on input from specified parties. Ecology must offer early and meaningful consultation on the nonproject EIS's with any affected federally recognized Indian tribe. The nonproject EISs must result in the development of maps identifying probable significant adverse environmental impacts for evaluated resources. Following the completion of nonproject EISs, the Coordinating Council must review the findings and make recommendations to the Legislature and the Governor on potential areas to designate as clean energy preferred zones for the technology analyzed, and any taxation, regulatory, environmental review, or other benefits that should accrue to projects in those zones. Project proponents of actions covered by these nonproject EISs must consider the impact analysis from the nonproject EIS in carrying out project-level SEPA reviews, and may rely on the nonproject EIS in specified ways when carrying out project-level SEPA review. Clean energy projects that follow the recommendations of the nonproject environmental review must be considered to have mitigated environmental impacts unless the project-specific environmental review identifies project-level adverse environmental impacts not addressed in the nonproject environmental impact review. Other. During a local project review of a project to construct or improve electric generation, transmission or distribution facilities, a local government may not require a project applicant to demonstrate the necessity or utility of the project, other than to require as part of the completed project application the submission of documentation required by Federal Energy Regulatory Commission or other federal agencies with regulatory authority over electric power transmission and distribution needs, or the Utilities and Transportation Commission. A county may not prohibit the installation of wind and solar resource evaluation equipment necessary for the design and environmental planning of a renewable energy project. The Washington State University (WSU) Energy Program must conduct a pumped storage siting process to support expanded capacity to store intermittently produced renewable E2SHB 1216- 7 -House Bill Report Page 118 of 183 energy, with a goal of understanding issues and interests related to areas where pumped storage might be sited, and to provide useful information to developers and for subsequent SEPA reviews of environmental impacts. The WSU Energy Program must allow ample opportunity for participation by stakeholders, governments, and federally recognized Indian tribes who self-identify an interest in the process, and must complete the process by June 30, 2025. The WSU Energy Program must develop and make available a map with geographical information systems data layers highlighting areas identified through the process. The map may not include sensitive tribal information as identified by federally recognized Indian tribes and the WSU Energy Program must take precautions to prevent disclosure of any sensitive tribal information it receives. Commerce must conduct at least three stakeholder meetings focused on certain rural clean energy impacts, with at least one in Eastern Washington and at least one in Western Washington. These stakeholder meetings must be held with rural, agriculture, natural resource management and conservation, and forestry stakeholders to gain a better understanding of the benefits and impacts of anticipated changes in the state's energy system, including the siting of facilities under the jurisdiction of the EFSEC, and to identify risks and opportunities for rural communities. Commerce must then complete a report on rural clean energy and resilience, which must consider the stakeholder consultation and must include recommendations for how to more equitably distribute costs and benefits to rural communities. The report must specifically examine the impacts of energy projects in rural areas to jobs, local tax revenue, agriculture, and tourism, and it must forecast what Washington's clean energy transition will require for energy projects in rural Washington. Commerce must complete a report on these topics by December 1, 2024. The Joint Committee on Energy Supply and Energy Conservation is renamed the Joint Committee on Energy Supply, Energy Conservation, and Energy Resilience (Joint Committee). The Joint Committee must hold at least two meetings to consider policy and budget recommendations to reduce impacts and increase benefits of the clean energy transition for rural communities. The Joint Committee must report its findings and any recommendations to the EFSEC and the Legislature by December 1, 2024. A severability clause is included. Votes on Final Passage: House 75 20 Senate 30 18 (Senate amended) House 78 18 (House concurred) Effective:July 23, 2023 E2SHB 1216- 8 -House Bill Report Page 119 of 183 EXHIBIT G Page 120 of 183 Page 121 of 183 Page 122 of 183 Page 123 of 183 Page 124 of 183 Page 125 of 183 Page 126 of 183 Page 127 of 183 Page 128 of 183 Page 129 of 183 Page 130 of 183 Page 131 of 183 Page 132 of 183 Page 133 of 183 Page 134 of 183 Page 135 of 183 Page 136 of 183 Page 137 of 183 Page 138 of 183 Page 139 of 183 Page 140 of 183 Page 141 of 183 Page 142 of 183 Page 143 of 183 Page 144 of 183 Page 145 of 183 Page 146 of 183 © PSC 2 4010 Lake Washington Blvd NE Suite 300 Kirkland, WA 98033 P: 425-822-8489 W: https://www.pscconsulting.com Page i Energy Storage System Location Study For: Puget Sound Energy Prepared by Tracy Rolstad (Technical Director) Power Systems Consultants Client Reference : Puget Sound Energy PSC Reference : JU8426 Revision: Final (revised) Date: 25 June 2021 EXHIBIT H Page 147 of 183 © PSC Revision Final 4010 Lake Washington Blvd NE Suite 300 Kirkland, WA 98033 Page i P: 425-822-8489 W: https://www.pscconsulting.com Contents 1. Introduction .......................................................................................................................................... 1 1.1. Disclaimer ..................................................................................................................................... 2 1.2. Energy Storage System (ESS) Discussion and Example ................................................................. 3 2. Methodology ......................................................................................................................................... 4 2.1. Qualitative Method ....................................................................................................................... 4 2.1.1. Substation Interconnection Suitability ....................................................................................... 4 2.1.2. ESS Siting Suitability .................................................................................................................... 5 2.2. Qualitative Method - Example ...................................................................................................... 6 2.3. Quantitative Method .................................................................................................................... 7 2.3.1. Quantitative Software Use and Approach .................................................................................. 8 3. Results ................................................................................................................................................... 9 3.1. Qualitative Results ........................................................................................................................ 9 3.1.1. Candidate Stations .................................................................................................................... 10 3.2. Quantitative Results ................................................................................................................... 12 3.2.1. Quantitative Results .................................................................................................................. 12 4. Analysis ............................................................................................................................................... 16 5. Conclusions and Recommendations ................................................................................................... 21 Figures and Tables Figure 1.1 Hornsdale Power Reserve…….………………………………………………………………………………………………….3 Figure 2.1 Undesirable Station: Klahanie.…………………………………………………………………………………………………6 Figure 2.2 Desirable Station: Alderton………………………………………………………………………………………………………7 Figure 4.1 Location of Selected Stations…………………………………………………………………………………………………20 Table 3.1 Qualitative Results for Low Risk (Green) and Medium Risk (Yellow) Stations …………………………10 Table 3.2 Qualitative Results for High Risk (Red) Stations ………………………………………………………………………11 Table 3.3 P0 Quantitative Results ………………………………………………………………………………..………………………..13 Table 3.4 P1 Quantitative Results ………………………………………………………………………………..………………………..14 Table 3.5 P6 Quantitative Results ………………………………………………………………………………..………………………..15 Table 4.1 Combined Quantitative Results………………………………………………………………………..……………………..17 Table 4.2 Locational Data with Maximum ESS Results……………………………………………………….……………………18 Table 4.3 Final Results……………………………………………………………………………………………………….……………………19 Page 148 of 183 JU8426 - PSC Report for Puget Sound Energy ESS Locations © PSC 14 4010 Lake Washington Blvd NE Suite 300 Kirkland, WA 98033 P: 425-822-8489 W: https://www.pscconsulting.com Page 1 of 21 1. Introduction Puget Sound Energy (PSE) engaged Power Systems Consultants (PSC) to perform a qualitative and quantitative analysis for siting a possible Energy Storage System (ESS) within the PSE electrical system. PSE filed a draft All-Source Request for Proposals (RFP) for peak capacity resources on May 4, 2020. Interconnection studies of an ESS onto a transmission system can result in the need for significant and costly network upgrades, depending upon interconnection location. This report serves as a starting point for proponents or bidders into the RFP as an aid to determine potential / lower risk locations (with respect to network upgrade costs) for interconnection of energy storage resources (and others) into PSE’s transmission system. The ESS is expected to perform in a manner consistent with the FERC defined Network Resource Interconnection Service. In general, this study is like a Feasibility Study in concept, but not necessarily in scope. Screening techniques examined the potential ESS capacity available at several Puget stations. Detailed analysis (like those completed for a Feasibility Study) was not performed. The FERC definition of Network Resource Interconnection Service (below) can be used as a contextual guide in order to understand the purpose of this study. Network Resource Interconnection Service shall mean an Interconnection Service that allows the Interconnection Customer to integrate its Large Generating Facility with the Transmission Provider’s Transmission System (1) in a manner comparable to that in which the Transmission Provider integrates its generating facilities to serve native load customers; or (2) in an RTO or ISO with market based congestion management, in the same manner as Network Resources. Network Resource Interconnection Service in and of itself does not convey transmission service. Transmission Provider must conduct the necessary studies and construct the Network Upgrades needed to integrate the Large Generating Facility (1) in a manner comparable to that in which Transmission Provider integrates its generating facilities to serve native load customers; or (2) in an ISO or RTO with market based congestion management, in the same manner as Network Resources. Network Resource Interconnection Service Allows Interconnection Customer’s Large Generating Facility to be designated as a Network Resource, up to the Large Generating Facility’s full output, on the same basis as existing Network Resources interconnected to Transmission Provider’s Transmission System, and to be studied as a Network Resource on the assumption that such a designation will occur. The Interconnection Study for Network Resource Interconnection Service shall assure that Interconnection Customer’s Large Generating Facility meets the requirements for Network Resource Interconnection Service and as a general matter, that such Large Generating Facility’s interconnection is also studied with Transmission Provider’s Transmission System at peak load, under a variety of severely stressed conditions, to determine whether, with the Large Generating Facility at full output, the aggregate of generation in the local area can be delivered to the aggregate of load on Transmission Provider’s Transmission System, consistent with Transmission Provider’s reliability criteria and procedures. This approach assumes that some portion of existing Network Resources are displaced by the output of Interconnection Customer’s Large Generating Facility. Network Resource Interconnection Service in and of itself does not convey any right to deliver electricity to any specific customer or Point of Delivery. The Transmission Provider may also study the Transmission System under non-peak load conditions. However, upon request by the Interconnection Customer, the Transmission Provider must explain in writing to the Interconnection Customer why the study of non-peak load conditions is required for reliability purposes . Page 149 of 183 JU8426 – PSC Report for Puget Sound Energy ESS Locations © PSC 4010 Lake Washington Blvd NE Suite 300 Kirkland, WA 98033 Page 2 of 21 P: 425-822-8489 W: https://www.pscconsulting.com 1.1. Disclaimer Note that all the information used for the study is available to any member of the public either directly (i.e., geo-location from the Department of Homeland Security) or via non-disclosure agreements with the Western Electricity Coordinating Council (for WECC base cases). Some information (one-lines and station configurations) used (as an analytical aid) is based on FERC Form 715 submissions that pre-date (circa October 2001) the CEII classification of FERC 715 data. Station configurations and interconnections were confirmed with recent imagery. The best possible data and analytical technique was used for this study; however, no warranty is offered by Power Systems Consultants for fitness of use of any data associated with this report or the contents of the report itself. PSC did not perform a purposeful review of base cases, maps, or one-lines for accuracy. This study was completed outside of the OATT and is intended to broadly inform interested readers. It does not replace any OATT driven processes or documentation, nor is it intended to do so. The results in this document do not indicate that available transmission exists or that a station is suitable for interconnection from an official FERC LGIA process viewpoint. Page 150 of 183 JU8426 - PSC Report for Puget Sound Energy ESS Locations © PSC 14 4010 Lake Washington Blvd NE Suite 300 Kirkland, WA 98033 P: 425-822-8489 W: https://www.pscconsulting.com Page 3 of 21 1.2. Energy Storage System (ESS) Discussion and Example Modern utility scale ESS’s store energy in the form of electro-chemical or mechanical energy, then convert that energy into electrical energy when appropriate, based on sophisticated control schemes. Examples of electro-chemical storage include Lead Acid, Nickel-Cadmium, Lithium-Ion, and Molten Salt amongst others. Flow batteries are another type of electro-chemical battery, with Redox being an example. Mechanical energy storage examples include Flywheels, Pumped Hydro, and Compressed Air Energy Storage systems. The study effort is agnostic to energy storage technology type and focuses primarily on the requirements of the ESS to interconnect on the PSE transmission system. An example of a deployed Energy Storage System (located in South Australia) is shown in Figure 1.1. This is presently the world’s largest ESS that uses Lithium-Ion batteries. The purpose of introducing this project is to give a sense of relative scale associated with a high energy capacity/high power ESS. Figure 1.1 Hornsdale Power Reserve ESS Page 151 of 183 JU8426 – PSC Report for Puget Sound Energy ESS Locations © PSC 4010 Lake Washington Blvd NE Suite 300 Kirkland, WA 98033 Page 4 of 21 P: 425-822-8489 W: https://www.pscconsulting.com 2. Methodology Two methodologies were employed for this study. A qualitative and a quantitative method. The qualitative method is a high-level review to determine potential for interconnection at the substation and to determine the potential to site an ESS in the area (PSE’s property is not available for siting the ESS for this analysis). If a substation meets the evaluation metrics (detailed below) for the qualitative method, the locations will be further studied with the quantitative method. The quantitative method is a high-level power flow analysis of the PSE transmission system, using official WECC databases to review the system performance with the addition of an ESS during charging and discharging conditions, for a multitude of system conditions and system contingencies. These details of the qualitative and quantitative methods are discussed in the relevant section below. 2.1. Qualitative Method Overhead imagery was utilized to determine the location of Puget’s substations. This imagery was analysed in conjunction with WECC base cases and FERC 715 filings (pre-2001) that contain one-line drawings of the Puget system. We note that prior to October 2001 FERC 75 filings were available to the public. The stations were geo-located, mapped, locations were populated in the power flow-based cases, and then substations were created in the power flow base cases in order to support more detailed analysis using modelling and simulation tools. 2.1.1. Substation Interconnection Suitability PSC examined the candidate substations to determine their suitability for expansion to accommodate interconnection of an ESS to the substation. This study assumes the ESS is sited off of PSE land in the area near the substation. Evaluation metrics are as below:  Must interconnect to an existing Puget station  Interconnects to PSE “native” network west of Cascades, no wheeling  No radial or “return loop” transmission  Above >100 kV point of interconnection (POI) per following details: o At least 4 lines for 115 kV candidate stations o Or non-radial 230 kV station  Expansion space “in-the-gravel” in the station exists  Development potential of existing station for interconnection is evident o Open space is desirable o Heavy residential presence is not desirable o Must pass the “Good Neighbor” test, which from an electric utility perspective has the following attributes:  Use of eminent domain proceedings is the absolute last resort with condemnation only used for those projects that are extremely mission critical and are supported politically.  The minimal number of landowners are impacted by a project and those landowners are justly compensated at prevailing rates.  Projects are developed with a focus on maximizing the use of existing “encumbered” properties. Page 152 of 183 JU8426 - PSC Report for Puget Sound Energy ESS Locations © PSC 14 4010 Lake Washington Blvd NE Suite 300 Kirkland, WA 98033 P: 425-822-8489 W: https://www.pscconsulting.com Page 5 of 21  Land use should be reasonably consistent with its present use and the addition of electric utility infrastructure should be designed to be as unnoticeable as possible  Early involvement of the public in the development process is a must and the public should be encouraged to provide constructive input and alternative projects/locations  The public knows their neighbourhood best and can suggest minimum impact alternatives  Successful “Good Neighbor” projects leave the affected area better than it was before the project was executed.  Identify substation configuration allows for additional breaker position o Ring bus, breaker and a half, double bus double breaker is preferred. o Main bus (with aux bus) has questionable reliability and could result in additional upgrades, up to rebuilding the substation to a different configuration. o Main bus (without aux bus) has poor reliability and is not suitable for interconnection of an ESS and would require substation upgrades, up to rebuilding the substation to a different configuration  An internal failure of a circuit breaker causes loss of entire station  Identify existing unused breaker position (breaker not installed)  Identify if the substation area allows for expansion o Examine available space inside substation fence o Examine available space outside substation fence  If substation has 115 kV and 230 kV voltages, preference should be given to interconnect at the 115-kV side, unless interconnection at 230 kV results in substantial benefits. 2.1.2. ESS Siting Suitability PSC examined how practical ESS siting near the substation is. This examination included:  Land use and Zoning compatibility o Imagery analysis and general land usage was examined using tools such as Google Earth and Land Grid. These tools provide a means to develop a general qualitative sense of how favourable the location near a particular PSE station might be for an ESS project. o Highly residential areas, constraints for possible transmission rights-of-ways to the PSE station, schools, hospitals, and other notable land uses indicate that that specific PSE station was less desirable as a practical location to interconnect an ESS.  Environmental Constraints o Overhead imagery analysis was performed in order to identify the possibility of complicated environmental constraints.  For example, the PSE Snoqualmie Falls station met the basic requirements of electrical connectivity but clearly it is not a desirable location for additional development. Thus, that station was not a candidate for further analysis. Page 153 of 183 JU8426 – PSC Report for Puget Sound Energy ESS Locations © PSC 4010 Lake Washington Blvd NE Suite 300 Kirkland, WA 98033 Page 6 of 21 P: 425-822-8489 W: https://www.pscconsulting.com 2.2. Qualitative Method - Example Two examples of qualitative review (i.e., go or no-go) of candidate stations are briefly discussed as follows. The Klahanie station (Figure 2.1) would be characterized as a high “risk” or red station. The Klahanie station is not desirable for an ESS interconnection due to its lack of space, residential encroachment, and general lack of development potential. Figure 2.1 Undesirable Station: Klahanie Page 154 of 183 JU8426 - PSC Report for Puget Sound Energy ESS Locations © PSC 14 4010 Lake Washington Blvd NE Suite 300 Kirkland, WA 98033 P: 425-822-8489 W: https://www.pscconsulting.com Page 7 of 21 The Alderton station (Figure 2.2) is an example of a low “risk” (i.e., green station) that has desirable attributes associated with the station such as:  Space for development in the immediate area  Space in the station for expansion  Fairly rural area that might be more easily support new rights-of-way, station expansion, or ESs siting Figure 2.2 Desirable Station: Alderton 2.3. Quantitative Method PSC used WECC power flow base cases to examine the PSE transmission system for the list of substations feasible for ESS interconnection. PSC used the PowerWorld (version 21) power flow ATC tool to perform analysis that approximates a “light-weight” generation interconnection feasibility screening study. This study is not a feasibility study under the OATT, but rather an informational screening that could aid an RFP respondent in determining where to queue for a detailed LGIA interconnection request. These POI’s were examined as charging (load) and discharging (generating) resources. Page 155 of 183 JU8426 – PSC Report for Puget Sound Energy ESS Locations © PSC 4010 Lake Washington Blvd NE Suite 300 Kirkland, WA 98033 Page 8 of 21 P: 425-822-8489 W: https://www.pscconsulting.com  Study Cases (WECC PowerWorld *.pwb power flow cases): o 2029-2030 Heavy Winter  Case used was 30HW1a1.pwb o 2030 Heavy Summer  Case used was 30HS1a.pwb  A 2029 HS case was originally used but then rejected due to an incomplete PSE transmission project that caused contingency performance issues (29HS1a1.pwb) o Off-peak load case (at consultants’ discretion) which was the 2030 Light Spring case (30LSP1Sa.pwb)  ESS studied as generation (discharging) and also as a load (charging) o ESS was studied one at a time  No groups or combinations of ESS’s were studied  Only single ESS’s were studied  Only one interconnection per site location (either 115 kV or 230 kV, not both)  Determine maximum ESS size at each location that results in acceptable system performance, for NERC TPL-001-4 PSE P0, P1 (N-1), and P6 (N-1-1) contingencies, while studying limited and sensitive neighbouring contingencies. 2.3.1. Quantitative Software Use and Approach The results of the qualitative analysis and study were obtained using the “ATC” tool of PowerWorld Simulator. The details for implementing this in PowerWorld are briefly described as follows:  Create an ALL WECC injection group of generators to dispatch against o The following metrics were used to select generators:  Pmax>10 MW  Pgen>10 MW  Pmin>0 o ALL WECC injection group metrics (from 30HS case)  Number of generators is 2272  Total MW injection is ~191,294 MW  Insert a single ESS (i.e. generator) and create an injection group for each station in Table 3.1  Create an auto-inserted list of contingencies for Area 40  Performed “Iterated Linear then Full Ctg” ATC analysis o Ignore elements with OTDFs < 3.0 o Ignore elements with PTDFs<3.0 o Report only:  20 Transfer Limiters  3 Limiters per ctg  3 Limiters per element  The results were manually inspected and those limiting elements and/or contingencies that were not relevant to the ESS were ignored for further analysis. o One may view this as machine aided learning to determine those contingencies and electrical system elements that are truly associated with electrical service to the ESS sites.  Many of these ignored elements/contingencies were 500 kV elements/contingencies with remedial action schemes or near their limits in the base case (for example various series capacitors associated with the California Oregon Intertie, etc). Page 156 of 183 JU8426 - PSC Report for Puget Sound Energy ESS Locations © PSC 14 4010 Lake Washington Blvd NE Suite 300 Kirkland, WA 98033 P: 425-822-8489 W: https://www.pscconsulting.com Page 9 of 21  The metrics associated with the quantitative analysis are noted below: o All elements with valid ratings were scanned for performance with the ATC tool for PO, P1, and P6 conditions of the NERC TPL-001-4 standard  Summer Emergency ratings were RATEA  Winter Emergency ratings were RATEC  Spring Emergency ratings were RATEG o P1 & P6 contingencies were those in the Northwest >100 kV  P1: 1135 out of 5081 contingencies were examined for detailed P1 performance  The smaller list of contingencies was selected using the Linear ATC tool which determined those contingencies sensitive to the PSE BESS sites.  P6: 1107 out of 144,453 contingencies were examined for detailed P6 performance  The smaller list was tested for performance using the Iterated Linear feature of the ATC tool. The larger amount was screened with the linear ATC tool. 3. Results The results of the qualitative and quantitative analysis are listed below. 3.1. Qualitative Results The results of the qualitative analysis and study were obtained in an iterative fashion. The list of candidate stations was then inspected both in PowerWorld Simulator and with overhead imagery to cull undesirable locations. The results follow:  382 total PSE initial stations (based on software results). o The 382-station count may not be a figure that exactly matches the number of stations that PSE has. This is due to the software requirement for a tapped line to be modeled with a bus, which might not be representative of an actual substation bus. o These 382 stations were geo-located.  36 PSE stations were kept for overhead imagery analysis based on the following: o Is 230 kV non-radial service. o Or is > 4 lines of 115 kV non-radial service. o And within PSE network  Determined from geo-location and bus ownership o Substation configuration metrics were not included in determining of the initial candidate stations.  The 36 PSE stations were analysed and grouped by the following criteria for risk regarding ESS site location and interconnection: o Substation area analysis o Surrounding area analysis o Refined understanding of interconnection based on imagery analysis  12 stations (of the 36) were assigned “green”, for initial low risk ESS interconnection  8 stations (of the 36) were assigned “yellow”, for initial medium risk ESS interconnection  16 stations (of the 36) were assigned “red”, for high risk due to not meeting the initial qualitative screening metrics Page 157 of 183 JU8426 – PSC Report for Puget Sound Energy ESS Locations © PSC 4010 Lake Washington Blvd NE Suite 300 Kirkland, WA 98033 Page 10 of 21 P: 425-822-8489 W: https://www.pscconsulting.com 3.1.1. Candidate Stations Table 3.1 lists the 20 PSE stations that were analyzed in detail. These stations were visually inspected with recent overhead imagery and are organized by color for low risk and medium risk substations. As previously stated, the substation configuration metrics were not used for the initial candidate stations and will be addressed later in the report. Substations that are of a main bus configuration are highlighted in red. Table 3.1 Qualitative Results for Low Risk (Green) and Medium Risk (Yellow) Stations Sub Name Nominal kV Range # of Lines Bus Configuration (low & high voltage) Zone Alderton 115.0 (only) 7 Main & Aux PIERCE Berrydale 115.0 to 230.0 7 Main & Aux / Brk & half S.KING Christopher 115.0 (only) 6 Main Bus S.KING Frederickson 13.8 to 115.0 4 Main Bus PIERCE Fredonia 13.8 to 230.0 (115kV) 2 Main Bus SKAGIT Lake Tradition 115.0 (only) 8 Main Bus N.KING March Point 115.0 to 230.0 12 Main & Aux / Xfrm Term SKAGIT Midway 115.0 (only) 6 Main & Aux S.KING Saint Clair 115.0 to 230.0 7 Main & Aux / DB-DB THURSTN Sammamish 115.0 to 230.0 11 Main & Aux / Main & Aux N.KING Talbot Hill 115.0 to 230.0 14 Main & Aux / DB-DB S.KING Tono 115.0 (only) 4 Main & Aux THURSTN Bellingham 115.0 (only) 11 Brk & half WHATCOM Krain Corner 57.5 to 115 6 Main Bus PIERCE O’Brien 115.0 to 230.0 11 Main & Aux / Xfrm Term S.KING Portal Way 115.0 (only) 5 Main & Aux WHATCOM S. Bremerton 115.0 to 230.0 6 Main & Aux / Xfmr Term KITSAP Sedro Woolley 115.0 to 230.0 12 Main & Aux / Brk & half SKAGIT Starwood 115.0 (only) 4 Main Bus S.KING White River 115.0 to 230.0 12 Main & Aux / DB-DB PIERCE Page 158 of 183 JU8426 - PSC Report for Puget Sound Energy ESS Locations © PSC 14 4010 Lake Washington Blvd NE Suite 300 Kirkland, WA 98033 P: 425-822-8489 W: https://www.pscconsulting.com Page 11 of 21 Table 3.2 lists those stations that were deemed high risk and thus not selected for more detailed analysis. Table 3.2 Qualitative Results for High Risk (Red) Stations Sub Name Nominal kV Range # of Lines Substation Type Zone ARCO C 115.0 (only) 4 Main Bus WHATCOMI BAKER SW 115.0 (only) 4 Main Bus SKAGIT BALDI 230.0 (only) 2 Tap S.KING CASCADE 34.5 to 230.0 3 Xfmr Term/Main Bus KITTITAS COTAGEBR 115.0 (only) 4 Main Bus N.KING ELECTHTS 57.5 to 115.0 5 Xfmr Term/Main Bus PIERCE HORSRNCH 230.0 (only) 3 Main Bus N.KING HRNCHTAP 230.0 (only) 2 Tap N.KING KLAHANIE 230.0 (only) 2 Tap N.KING LAKESIDE 115.0 (only) 7 Main Bus N.KING MINTFARM 13.8 to 230.0 1 Main (Gen Interconnection) Portland Area NOVELTYH 115.0 to 230.0 7 Main & Aux/Main Bus N.KING OLYMPA P 115.0 (only) 9 Main Bus THURSTN SHUFFLETON 115.0 (only) 4 Main & Aux S.KING SNOQ SW 2.0 to 115.0 5 Main Bus N.KING FREDONIA 13.8 to 115.0 4 Main Bus SKAGIT Note that there are two Fredonia stations, one serves a gas turbine power plant and the second serves local load. The “red” Fredonia station is the load serving station. Although these stations are “red” (or less desirable for ESS integration) they may be worthy of further review and analysis. Page 159 of 183 JU8426 – PSC Report for Puget Sound Energy ESS Locations © PSC 4010 Lake Washington Blvd NE Suite 300 Kirkland, WA 98033 Page 12 of 21 P: 425-822-8489 W: https://www.pscconsulting.com 3.2. Quantitative Results 3.2.1. Quantitative Results Table 3.3, 3.4, and 3.5 lists the results from the quantitative analysis. The gen/load limit is equivalent to the discharge/charge limit for the ESS at the listed station for TPL-001-4 P0, P1, and P6 conditions (for the most limiting element). Units for the limits are MW. Note that we omit the negative sign for load since the sign is implicit in the definition of load. Results shown in the tables indicate the ESS sizes for the different substations on an individual bases, meaning the potential size for a single ESS to be placed at any one of the locations listed. The results are not meant to indicate that the ESS sizes listed can be installed for all locations simultaneously. BPA 500 kV contingencies (such as the Raver-Paul 500 kV line loss) were noted, but not considered as limiting contingencies since it is known that these contingencies have remedial action schemes associated with them. BPA has historically planned its system for P1 outages and has not necessarily planned (and built) its system to perform for P6 outages (without operator action). A 2030 Light Spring case was examined to test performance under P0, P1, and P6 conditions to determine if there was any notable sensitivity to light spring conditions (in addition to the Heavy Summer and Heavy Winter cases). Page 160 of 183 JU8426 - PSC Report for Puget Sound Energy ESS Locations © PSC 14 4010 Lake Washington Blvd NE Suite 300 Kirkland, WA 98033 P: 425-822-8489 W: https://www.pscconsulting.com Page 13 of 21 Table 3.3 P0 Quantitative Results Charging limits have a parenthetical ( ) used in order to clearly indicate that the number is a charging (i.e. load) value. The maximum ESS sized is determined by the maximum size that the ESS can operate for all cases. Therefore, the minimum value between the three seasonal cases determines the maximum ESS size for performance under P0 conditions. Quantitative Results - P0 Results in MW (Green shaded stations are low risk; yellow shaded stations are medium risk) Substation 2030 Heavy Summer 2030 Heavy Winter 2030 Light Spring Maximum ESS Size Generating Charging Generating Charging Generating Charging Generating Charging Alderton 725 (790) 872 (823) 886 (998) 725 (790) Berrydale 982 (248) 1077 (273) 1031 (569) 982 (248) Christopher 751 (419) 1031 (648) 842 (622) 751 (419) Frederickson 432 (316) 485 (440) 404 (466) 404 (316) Fredonia 510 (803) 679 (873) 538 (878) 510 (803) Lake Tradition 725 (534) 993 (701) 888 (837) 725 (534) March Point 664 (367) 834 (367) 701 (412) 664 (367) Midway 550 (263) 711 (333) 558 (368) 550 (263) Saint Clair 520 (546) 756 (732) 810 (854) 520 (546) Sammamish 409 (677) 517 (818) 546 (702) 409 (677) Talbot Hill 754 (768) 935 (916) 834 (896) 754 (768) Tono 755 (445) 567 (524) 548 (699) 548 (445) Bellingham 695 (578) 1028 (894) 809 (1072) 695 (578) Krain Corner 250 (222) 480 (351) 377 (308) 250 (222) O’Brien 681 (554) 807 (694) 672 (627) 672 (554) Portal Way 443 (565) 441 (772) 337 (740) 337 (565) S. Bremerton 426 (328) 471 (341) 457 (420) 426 (328) Sedro Woolley 779 (950) 935 (1134) 867 (995) 779 (950) Starwood 573 (335) 693 (341) 637 (578) 573 (335) White River 872 (802) 1029 (945) 955 (887) 872 (802) Page 161 of 183 JU8426 – PSC Report for Puget Sound Energy ESS Locations © PSC 4010 Lake Washington Blvd NE Suite 300 Kirkland, WA 98033 Page 14 of 21 P: 425-822-8489 W: https://www.pscconsulting.com Table 3.4 P1 Quantitative Results Charging limits have a parenthetical ( ) used in order to clearly indicate that the number is a charging (i.e. load) value. The maximum ESS sized is determined by the maximum size that the ESS can operate for all cases. Therefore, the minimum value between the three seasonal cases determines the maximum ESS size for performance under P1 conditions. Quantitative Results – P1 Results in MW (Green shaded stations are low risk; yellow shaded stations are medium risk) Substation 2030 Heavy Summer 2030 Heavy Winter 2030 Light Spring Maximum ESS Size Generating Charging Generating Charging Generating Charging Generating Charging Alderton 96 (366) 510 (581) 529 (655) 96 (366) Berrydale 756 (167) 848 (181) 702 (437) 702 (167) Christopher 552 (217) 758 (362) 613 (386) 552 (217) Frederickson 135 (96) 308 (314) 266 (388) 135 (96) Fredonia 110 (532) 161 (619) 124 (585) 110 (532) Lake Tradition 518 (136) 811 (425) 664 (545) 518 (136) March Point 272 (214) 555 (189) 485 (271) 272 (189) Midway 432 (164) 530 (207) 446 (262) 432 (164) Saint Clair 45 (254) 239 (423) 311 (685) 45 (254) Sammamish 323 (99) 411 (370) 495 (425) 323 (99) Talbot Hill 552 (242) 741 (459) 688 (590) 552 (242) Tono 437 (85) 275 (374) 282 (543) 275 (85) Bellingham 322 (109) 545 (452) 384 (656) 322 (109) Krain Corner 136 (34) 250 (88) 188 (112) 136 (34) O’Brien 535 (258) 634 (276) 559 (401) 535 (258) Portal Way 105 (446) 392 (628) 284 (614) 105 (446) S. Bremerton 313 (89) 301 (27) 375 (185) 301 (27) Sedro Woolley 287 (589) 577 (715) 450 (700) 287 (589) Starwood 373 (181) 545 (250) 459 (299) 373 (181) White River 583 (379) 838 (434) 715 (592) 583 (379) Page 162 of 183 JU8426 - PSC Report for Puget Sound Energy ESS Locations © PSC 2-- 4010 Lake Washington Blvd NE Suite 300 Kirkland, WA 98033 P: 425-822-8489 W: https://www.pscconsulting.com Page 15 of 21 Table 3.5 P6 Quantitative Results Charging limits have a parenthetical ( ) used in order to clearly indicate that the number is a charging (i.e. load) value. The maximum ESS sized is determined by the maximum size that the ESS can operate for all cases. Therefore, the minimum value between the three seasonal cases determines the maximum ESS size for performance under P6 conditions. Those limits with an asterisk (*) indicate that a pre-existing limit was ignored, and the first non-zero ATC transfer limit was recorded for the ESS charging and discharging contingency-based limit. Quantitative Results – P6 Results in MW (Green shaded stations are low risk; yellow shaded stations are medium risk) Substation 2030 Heavy Summer 2030 Heavy Winter 2030 Light Spring Maximum ESS Size Generating Charging Generating Charging Generating Charging Generating Charging Alderton 134* (76*) 448 (205) 324 (290) 134* (76*) Berrydale 515* (52*) 847 (90) 707 (336) 515* (52*) Christopher 484* (57*) 756 (337) 610 (386) 484* (57*) Frederickson 99* (86*) 275 (284) 222 (389) 99* (86*) Fredonia 9* (378) 101 (421) 69 (479) 9* (378) Lake Tradition 521* (44*) 805 (387) 664 (545) 521* (44*) March Point 9* (54) 201 (62) 172 (78) 9* (54) Midway 428* (56*) 512 (121) 444 (218) 428* (56*) Saint Clair 39* (412) 147 (528) 159 (633) 39* (412) Sammamish 323 (46*) 411 (370) 495 (445) 323 (46*) Talbot Hill 450* (48*) 622 (359) 833 (896) 450* (48*) Tono 592 (122*) 267 (339) 548 (698) 267 (122*) Bellingham 10* (108) 418 (67) 382 (657) 10* (67) Krain Corner 136* (34*) 178 (4*) 188 (112) 136* (4*) O’Brien 520* (54*) 225 (176*) 560 (521) 225 (54) Portal Way 11* (446) 185 (362) 298 (614) 11* (362) S. Bremerton 314 (89*) 79 (23*) 375 (185) 79 (23*) Sedro Woolley 48* (590) 519 (622) 447 (755) 48* (590) Starwood 370* (13*) 240 (107*) 460 (311) 240 (13*) White River 365* (13*) 382 (121*) 714 (750) 365* (13*) Page 163 of 183 JU8426 – PSC Report for Puget Sound Energy ESS Locations © PSC 4010 Lake Washington Blvd NE Suite 300 Kirkland, WA 98033 Page 16 of 21 P: 425-822-8489 W: https://www.pscconsulting.com 4. Analysis A review of Table 3.2, Table 3.3, and Table 3.4, indicate to the user the following:  A single ESS performs for both discharging (generator) and charging (load) depending upon the substation location o Between 248 MW – 802 MW under P0 conditions o Between 45 MW – 434 MW for P1 conditions o Between 9 MW – 122 MW for P6 conditions  Summer ratings can be most limiting and generally (but not always) summer may be the defining season for limiting an ESS. o This is due to limits being thermally based and higher summer temperatures causing de- rating of thermally limited equipment.  Pre-existing conditions exist that should be examined in greater detail if any of these ESS locations are considered for interconnection.  Limitations exist for P6 summer operations o Note that for ESS limits indicated with an asterisk (*) in the tables indicate there pre- existing P6 issues may exist.  Some P6 contingencies may, surprisingly, perform better than P1 contingencies o The reasons for this are complex but, in many cases, the P1 limiting element is removed from service by the P6 contingency and thus a higher limiting element is relevant. Table 4.1 shows the results for each substation on a contingency category bases, and also shows the maximum size for the ESS when generating or charging. Similarly, to before, the maximum size is the minimum value across the three contingency categories (i.e. P0, P1, and P6). Further, the table shows the Total Maximum size of the ESS. The Total Maximum size is the minimum value (absolute) between the generating and charging values and represents the maximum size of the ESS that allows for unconstrained use during varying seasonal load conditions, varying operating conditions, and varying contingencies. The Total Maximum size is the value used to show the potential ESS size that might be achieved for NRIS while limiting the risk of additional costly network upgrades (transmission line rebuilds / reconductoring, etc.) outside of those required for interconnection to the substation. The Operational Agreements determined with the developer could increase the Total Maximum size beyond the P6 charging limitations of the ESS listed in the table below. Page 164 of 183 JU8426 - PSC Report for Puget Sound Energy ESS Locations © PSC 1-- 4010 Lake Washington Blvd NE Suite 300 Kirkland, WA 98033 P: 425-822-8489 W: https://www.pscconsulting.com Page 17 of 21 Table 4.1 Combined Quantitative Results Substation Substation Type P0 Results P1 Results P6 Results Maximum ESS Total Maximum Generating Charging Generating Charging Generating Charging Generating Charging Alderton Main & Aux 725 (790) 96 (366) 134* (76*) 96 (76*) 76* Berrydale Main & Aux 982 (248) 702 (167) 515* (52*) 515* (52*) 52* Christopher Main Bus 751 (419) 552 (217) 484* (57*) 484* (57*) 57* Frederickson Main Bus 404 (316) 135 (96) 99* (86*) 99* (86*) 86* Fredonia Main Bus 510 (803) 110 (532) 9* (378) 9* (378) 9* Lake Tradition Main Bus 725 (534) 518 (136) 521* (44*) 518 (44*) 44* March Point Main & Aux 664 (367) 272 (189) 9* (54) 9* (54) 9* Midway Main & Aux 550 (263) 432 (164) 428* (56*) 428* (56*) 56* Saint Clair Main & Aux 520 (546) 45 (254) 39* (412) 39* (254) 39* Sammamish Main & Aux 409 (677) 323 (99) 323 (46*) 323 (46*) 46* Talbot Hill Main & Aux 754 (768) 552 (242) 450* (48*) 450* (48*) 48* Tono Main & Aux 548 (445) 275 (85) 267 (122*) 267 (85) 85 Bellingham Brk & half 695 (578) 322 (109) 10* (67) 10* (67) 10* Krain Corner Main Bus 250 (222) 136 (34) 136* (4*) 136* (4*) 4* O’Brien Main & Aux 672 (554) 535 (258) 225 (54*) 225 (54*) 54* Portal Way Main & Aux 337 (565) 105 (446) 11* (362) 11* (362) 11* S. Bremerton Main & Aux 426 (328) 301 (27) 79 (23*) 79 (23*) 23* Sedro Woolley Main & Aux 779 (950) 287 (589) 48* (590) 48* (589) 48* Starwood Main Bus 573 (335) 373 (181) 240 (13*) 240 (13*) 13* White River Main & Aux 872 (802) 583 (379) 365* (13*) 365* (13) 13* Those limits with an asterisk (*) indicate that a pre-existing limit was ignored, and the first non-zero ATC transfer limit was recorded for the ESS charging and discharging contingency-based limit. As stated above, the Operational Agreements determined with the developer could increase the Total Maximum size beyond the P6 charging limitations of the ESS. Page 165 of 183 JU8426 – PSC Report for Puget Sound Energy ESS Locations © PSC 4010 Lake Washington Blvd NE Suite 300 Kirkland, WA 98033 Page 18 of 21 P: 425-822-8489 W: https://www.pscconsulting.com Table 4.2 shows a summary of the results for this effort. The table provides the reader with a convenient listing of the Total Maximum ESS output and the location of the electrical point of interconnection studied, as well as substation type, and operating voltage. Table 4.2 Location Summary with Maximum ESS Results . Substation Substation Type Voltage (kV) Location Total Maximum ESS (MW) Latitude Longitude Alderton Main & Aux 115 47.15344 -122.2365 76 Berrydale Main & Aux 115 47.37803 -122.1311 52 Christopher Main Bus 115 47.33708 -122.2393 57 Frederickson Main Bus 115 47.08061 -122.3647 86 Fredonia Main Bus 115 48.45461 -122.4371 9 Lake Tradition Main Bus 115 47.53069 -122.0117 44 March Point Main & Aux 115 48.45714 -122.5625 9 Midway Main & Aux 115 47.40239 -122.2944 56 Saint Clair Main & Aux 115 47.03511 -122.7356 39 Sammamish Main & Aux 115 47.68558 -122.1499 46 Talbot Hill Main & Aux 115 47.46864 -122.191 48 Tono Main & Aux 115 46.75539 -122.8775 85 Bellingham Brk & half 115 48.75939 -122.4604 10 Krain Corner Main Bus 115 47.23511 -121.9855 4 O’Brien Main & Aux 115 47.40317 -122.2432 54 Portal Way Main & Aux 115 48.90361 -122.63 11 S. Bremerton Main & Aux 115 47.53764 -122.6914 23 Sedro Woolley Main & Aux 115 48.50458 -122.204 48 Starwood Main Bus 115 47.29039 -122.3623 13 White River Main & Aux 115 47.239 -122.2096 13 Page 166 of 183 JU8426 - PSC Report for Puget Sound Energy ESS Locations © PSC 4-- 4010 Lake Washington Blvd NE Suite 300 Kirkland, WA 98033 P: 425-822-8489 W: https://www.pscconsulting.com Page 19 of 21 As discussed previously, the main bus substation configuration (without an aux bus) has questionable reliability and interconnecting at a main bus substation has the potential to result in the need for high network costs to rebuild the substation. The substations that are configured with just a main bus (with no aux bus) were removed from the results to create the final results table as shown in Table 4.3. The table provides the reader with a convenient listing of the Maximum ESS output and the location of the electrical point of interconnection studied, as well as substation type, and operating voltage. Table 4.3 Final Results Table Substation Substation Type Voltage (kV) Location Total Maximum ESS (MW) Latitude Longitude Alderton Main & Aux 115 47.15344 -122.2365 76 Berrydale Main & Aux 115 47.37803 -122.1311 52 March Point Main & Aux 115 48.45714 -122.5625 9 Midway Main & Aux 115 47.40239 -122.2944 56 Saint Clair Main & Aux 115 47.03511 -122.7356 39 Sammamish Main & Aux 115 47.68558 -122.1499 46 Talbot Hill Main & Aux 115 47.46864 -122.191 48 Tono Main & Aux 115 46.75539 -122.8775 85 Bellingham Brk & half 115 48.75939 -122.4604 10 O’Brien Main & Aux 115 47.40317 -122.2432 54 Portal Way Main & Aux 115 48.90361 -122.63 11 S. Bremerton Main & Aux 115 47.53764 -122.6914 23 Sedro Woolley Main & Aux 115 48.50458 -122.204 48 White River Main & Aux 115 47.239 -122.2096 13 Page 167 of 183 JU8426 – PSC Report for Puget Sound Energy ESS Locations © PSC 4010 Lake Washington Blvd NE Suite 300 Kirkland, WA 98033 Page 20 of 21 P: 425-822-8489 W: https://www.pscconsulting.com Figure 4.1 gives an approximate location of the substations with low and medium risk for interconnection. The figure shows that there are many opportunities throughout the native PSE system for interconnecting an ESS. Figure 4.1 Location of Selected Stations Page 168 of 183 JU8426 - PSC Report for Puget Sound Energy ESS Locations © PSC 4-- 4010 Lake Washington Blvd NE Suite 300 Kirkland, WA 98033 P: 425-822-8489 W: https://www.pscconsulting.com Page 21 of 21 5. Conclusions and Recommendations PSC believes that opportunities exist for Puget Sound Energy to install Energy Storage Systems in several stations without undue impact (or required network upgrades) to the surrounding electrical transmission system. We base this conclusion of performance under P6 outages during heavy summer and winter peak load conditions, as required for Network Resource Interconnection Service for use as a capacity resource on PSE’s transmission system. As previously stated, the results of this effort are to be used to help guide proponents to locations (with approximate capacities) that might offer success for interconnection of an ESS for NRIS with limited network upgrades. The formal LGIA process, as detailed under the Puget Sound Energy FERC Open Access Transmission Tariff (OATT), will define required system interconnection upgrades and any potential network upgrades as a result of the more detailed studies (power flow and transient), impacts of projects already in the interconnection que, affected neighbouring transmission providers, and short circuit analysis. Page 169 of 183 1213 06/19 pse.com PSE: Washington's oldest local energy utility Puget Sound Energy service area Electric service: All of Kitsap, Skagit, Thurston, and Whatcom counties; parts of Island, King (not Seattle), Kittitas, and Pierce (not Tacoma) counties. Natural gas service: Parts of King (not Enumclaw), Kittitas (not Ellensburg), Lewis, Pierce, Snohomish, and Thurston counties. Washington state’s oldest local energy company, Puget Sound Energy serves approximately 1.1 million electric customers and nearly 840,000 natural gas customers in 10 counties. A subsidiary of Puget Energy, PSE meets the energy needs of its customers, in part, through incremental, cost-effective energy effi ciency, procurement of sustainable energy resources, and far- sighted investment in the energy-delivery infrastructure. PSE employees are dedicated to providing great customer service and delivering energy that is safe, dependable and effi cient. For more information, visit pse.com. Combined electric and natural gas service Electric service Natural gas service CANADA YAKIMA COWLITZ MASON CLALLAM GRAYS HARBOR PACIFIC WAHKIAKUM JEFFERSON SAN JUAN CHELAN PORT ANGELES PORT TOWNSEND HOQUIAM ABERDEEN LONGVIEW YAKIMA WENATCHEE WHATCOM SKAGIT SNOHOMISH KITTITAS PIERCETHURSTON LEWIS KITSAP ISLAND KING OAK HARBOR ANACORTES MOUNT VERNON MARYSVILLE EVERETTLANGLEY EDMONDS MONROE INDEX DUVALL REDMOND BELLEVUE RENTON SEATTLE BAINBRIDGE ISLAND BREMERTON GIG HARBOR SHELTON OLYMPIA CENTRALIA CHEHALIS TACOMA PUYALLUP AUBURN KENT NORTH BEND BLACK DIAMOND ENUMCLAW CLE ELUM ELLENSBURG KITTITAS BELLINGHAM EXHIBIT I Page 170 of 183 AGENDA BILL APPROVAL FORM Agenda Subject: Meeting Date: Resolution No. 5825 (Hay) A Resolution adopting the 2025-2029 Consolidated Plan and the 2025 Annual Action Plan (RECOMMENDED ACTION: Move to adopt Resolution No. 5825.) May 5, 2025 Department: Attachments: Budget Impact: Human Services Resolution No. 5825 Administrative Recommendation: City Council to adopt Resolution No. 5825. Background for Motion: The City of Auburn receives a Federal Entitlement Grant through the Department of Housing and Urban Development. As a condition of the entitlement, every five years, the City is required to submit an updated Consolidated Plan and an Annual Action Plan to guide the investment of Community Development Block (CDBG) funds. Auburn is part of the larger King County Consortium. Therefore, Auburn's Consolidated Plan is part of the larger regional plan and expired on December 31, 2024. Resolution No. 5825, if adopted by City Council, adopts the 2025-2029 Consolidated Plan and the 2025 Annual Action Plan, and authorizes the Mayor to implement such administrative procedures as may be necessary to carry out direction of the legislation. Background Summary: Every five years, the City of Auburn is required to submit an updated Consolidated Plan to the Department of Housing and Urban Development to guide the investment of Community Development Block Grant (CDBG) Funds. Auburn’s current Consolidated Plan ended in December 2024. Councilmember: Yolanda Trout-Manuel Staff: Kent Hay Page 171 of 183 -------------------------- Resolution No. 5825 May 5, 2025 Page 1 of 2 RESOLUTION NO. 5825 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, ADOPTING THE 2025- 2029 CONSOLIDATED PLAN AND THE 2025 ANNUAL ACTION PLAN WHEREAS, the U.S. Department of Housing and Urban Development (HUD) designated the City of Auburn as an entitlement community for its Community Development Block Grant (CDBG) Program; WHEREAS, the primary objective of the Consolidated Plan and CDBG Program is the development of viable urban communities by providing decent housing, a suitable living environment, and expanding economic opportunities, principally for persons of low and moderate income; WHEREAS, to be eligible for funding, the City of Auburn must submit a Consolidated Plan to serve as a federally required planning document to guide the City of Auburn's human service and community development efforts; WHEREAS, the planning process to develop the Consolidated Plan involved public participation and guidance from non-profit and governmental agencies serving low income residents in the community; WHEREAS, the City Council of the City of Auburn heard and considered public comment about the proposed 2025-2029 Consolidated Plan and 2025 Action Plan; Page 172 of 183 -------------------------- Resolution No. 5825 May 5, 2025 Page 2 of 2 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, RESOLVES as follows: Section 1. Pursuant to Chapter 24 of the Code of Federal Regulations Part 91, the City adopts the 2025-2029 Consolidated Plan and the 2025 Annual Action Plan. Section 2. The Mayor is authorized to implement such administrative procedures as may be necessary to carry out directions of the legislation. Section 3. This Resolution shall be in full force and effect on passage and signatures. Dated and Signed: ______________________________ CITY OF AUBURN ____________________________ NANCY BACKUS, MAYOR ATTEST: ____________________________ Shawn Campbell, MMC, City Clerk APPROVED AS TO FORM: ____________________________ Jason Whalen, City Attorney Page 173 of 183 AGENDA BILL APPROVAL FORM Agenda Subject: Meeting Date: Resolution No. 5826 (Whalen) A Resolution declaring certain Real Property as surplus and authorizing its disposal (RECOMMENDED ACTION: Move to adopt Resolution No. 5826.) May 5, 2025 Department: Attachments: Budget Impact: Legal Resolution No. 5826, Resolution No. 5826 Exhibit A Administrative Recommendation: City Council to adopt Resolution No. 5826. Background for Motion: Surplusing property that is no longer needed by the City is an important part of being good stewards of public resources. This process allows the City to divest its interest in the properties, eliminate ownership costs, reduce risk exposure, and eventually return the property to the tax rolls. Background Summary: The City owns two vacant land parcels, King County parcel numbers 0521059038 (“9038”) and 0521059152 (“9152”). Both parcels, 9038 in 1983 and 9152 in 1996, were acquired for future right of way and utility corridor purposes, though neither parcel was ever utilized by the City for those, or any other purposes. Public Works further verified that no municipal utilities exist within either parcel, and Public Works does not have any future need for either. Parcels 9038 and 9152, are hereafter collectively referred to as the City Parcels. Surplusing the City Parcels will allow the City to divest its interest in these properties, thereby reducing liability and ownership costs, and return the properties back to the tax rolls generating new tax revenue. Councilmember: Kate Baldwin Staff: Jason Whalen Page 174 of 183 ---------------------------- Resolution No. 5826 April 8, 2025 Page 1 of 2 RESOLUTION NO. 5826 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DECLARING CERTAIN REAL PROPERTY AS SURPLUS AND AUTHORIZING ITS DISPOSAL WHEREAS, the City of Auburn acquired adjoining real property parcels for future right of way and utility corridor purposes; and WHEREAS, the properties were never utilized by the City; and WHEREAS, through an internal review process, the City has determined that the properties are no longer needed for municipal purposes; and WHEREAS, in light of this determination, it would be appropriate to surplus and authorize the disposal of the properties; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, HEREBY RESOLVES as follows: Section 1. Real Properties, parcels 0521059152 and 0521059038 which are legally described in Exhibit A, being generally located north of SE 304th Street, off of 112th Avenue SE, is hereby declared as surplus. Section 2. The Mayor is authorized to dispose of the properties and to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Page 175 of 183 ---------------------------- Resolution No. 5826 April 8, 2025 Page 2 of 2 Section 3. This Resolution will take effect and be in full force on passage and signatures. Dated and Signed: ______________________________ CITY OF AUBURN ____________________________ NANCY BACKUS, MAYOR ATTEST: ______________________________ Shawn Campbell, MMC, City Clerk APPROVED AS TO FORM: ____________________________ Jason Whalen, City Attorney Page 176 of 183 EXHIBIT A Legal Description of Surplused Properties Parcel 0521059152 legal description: (ALSO KNOWN AS PARCEL Y, CITY OF AUBURN BOUNDARY LINE ADJUSTMENT NUMBER BLA25-0002 RECORDED UNDER KING COUNTY RECORDING NUMBER 20250428900002.) Parcel 0521059038 legal description: (ALSO KNOWN AS PARCEL Z, CITY OF AUBURN BOUNDARY LINE ADJUSTMENT NUMBER BLA25-0002 RECORDED UNDER KING COUNTY RECORDING NUMBER 20250428900002.) Page 177 of 183 AGENDA BILL APPROVAL FORM Agenda Subject: Meeting Date: Resolution No. 5827 (Martinson) A Resolution authorizing the Mayor to terminate the Interlocal Agreement between the City of Auburn and King County to stand up the City of Auburn Municipal Court (RECOMMENDED ACTION: Move to adopt Resolution No. 5827.) May 5, 2025 Department: Attachments: Budget Impact: Human Resources and Risk Management Resolution No. 5827 Administrative Recommendation: City Council to adopt Resolution No. 5827. Background for Motion: Resolution No. 5827 would allow the Mayor to issue written notice of termination of the Interlocal Agreement for District Court Services to King County. Background Summary: The City of Auburn has been party to an Interlocal Agreement (ILA) with King County for District Court Services since 2012. Recently, King County provided notice that it would be charging cities for District Court Services on a full-cost recovery model. As a result, Auburn will be required to pay approximately $500,000.00 more, on an annual basis, for probation services previously included within the scope of the ILA. After review, study, and consideration of the services and costs to the City under the existing ILA, staff recommends that the City terminate that ILA, effective December 31, 2026, and that the City begin the process of standing up its own Municipal Court. In order to timely terminate the ILA, the City Council must authorize the Mayor to issue a written notice of termination of the ILA on or before May 12, 2025. This will terminate the ILA for District Court services effective December 31, 2026. Councilmember: Cheryl Rakes Staff: Candis Martinson Page 178 of 183 -------------------------------- Resolution No. 5827 April 25, 2025 Page 1 of 2 Rev. 2020 RESOLUTION NO. 5827 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO TERMINATE THE INTERLOCAL AGREEMENT BETWEEN THE CITY OF AUBURN AND KING COUNTY TO STAND UP THE CITY OF AUBURN MUNICIPAL COURT WHEREAS, in 2012, the City of Auburn entered into an Interlocal Agreement with King County for district court services (“ILA”); and WHEREAS, the ILA provides for periodic review by all parties through the District Court Management Review Committee (“DCMRC”). At the DCMRC meeting on March 6, 2025, King County informed the City partners of their intent to move forward with a full cost recovery model for district court services, which will require the City of Auburn to incur additional costs for probation services totaling over five hundred thousand dollars annually; and WHEREAS, in connection with the ongoing and changing judicial responsibilities with which the City is involved, the City Council has explored alternative approaches to address municipal court cost structures and efficiencies through phased court study presentations from the National Center for State Courts; and WHEREAS, after a thorough review of the alternatives and options available to the City, it is advantageous for the City to establish their own municipal court; WHEREAS, the current ILA term extends through December 31, 2026 and is terminable by the participating city by providing written notice to the County by May 12, 2025, for termination effective December 31, 2026. Page 179 of 183 -------------------------------- Resolution No. 5827 April 25, 2025 Page 2 of 2 Rev. 2020 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, RESOLVES as follows: Section 1. The Mayor is authorized to terminate the ILA between the City of Auburn and King County for district court services, no later than May 12, 2025, for a termination date effective December 31, 2026. Section 2. The Mayor is authorized to enter into additional agreements and 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: ______________________________ CITY OF AUBURN ____________________________ NANCY BACKUS, MAYOR ATTEST: ______________________________ Shawn Campbell, MMC, City Clerk APPROVED AS TO FORM: ____________________________ Jason Whalen, City Attorney Page 180 of 183 AGENDA BILL APPROVAL FORM Agenda Subject: Meeting Date: Resolution No. 5830 (Gaub) A Resolution authorizing the Mayor to execute and administer agreements between the City of Auburn and the Washington State Department of Commerce relating to Project No. CP2141, Downtown Auburn Theater (RECOMMENDED ACTION: Move to adopt Resolution No. 5830.) May 5, 2025 Department: Attachments: Budget Impact: Public Works Resolution No. 5830 Administrative Recommendation: City Council adopt Resolution No. 5830. Background for Motion: This Resolution authorizes the Mayor to enter into an agreement with the Washington State Department of Commerce for grant funds in the amount of $1,498,650.00 for the reconstruction of the Auburn Avenue Theater and was included in the budget for this project. Background Summary: Resolution No. 5830 authorizes the Mayor to enter into an agreement with the Washington State Department of Commerce to accept and utilize Washington State grant funds for the Auburn Avenue Theater Rebuild Project. This grant, in the amount of $1,498,650.00, was included in the City’s 2024 adopted Budget and is part of the overall funding package for the construction of this project. The project will reconstruct the Auburn Avenue Theater, which was demolished in October of 2024. It is anticipated that construction for the new Performing Arts Theater will begin in early 2026 with an estimated construction timeframe of 12 to 18 months. Councilmember: Tracy Taylor Staff: Ingrid Gaub Page 181 of 183 ----------------------------- Resolution No. 5830 4/22/2025 Page 1 RESOLUTION NO. 5830 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO EXECUTE AND ADMINISTER AGREEMENTS BETWEEN THE CITY OF AUBURN (THE CITY) AND THE WASHINGTON STATE DEPARTMENT OF COMMERCE RELATING TO PROJECT NO. CP2414, DOWNTOWN AUBURN THEATER WHEREAS, the City applied for, and has been awarded, grant funding for the Auburn Downtown Theater project (Project) that will design and construct a new performing arts theater; and WHEREAS, the Project is included in the City’s 2024 Capital Improvement Fund (328) budget; and WHEREAS, the total grant funding awarded for the Project is $1,498,650; and WHEREAS, it is in the best interest of the City to use Washington State grant monies to finance capital facilities improvements. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, RESOLVES as follows: Section 1. The Mayor is authorized to execute and administer the grant agreements with the Washington State Department of Commerce (WSDOC) for a total of $1,498,650 or any other amount authorized by WSDOC for this Project. Section 2. The Mayor is authorized to negotiate, enter, and administer agreements to spend the grant funds for the Projects, and to implement other administrative procedures necessary to carry out the directives of this legislation. Page 182 of 183 ----------------------------- Resolution No. 5830 4/22/2025 Page 2 Section 3. That this Resolution shall take effect and be in full force on passage and signatures. Dated and Signed: ______________________________ CITY OF AUBURN _________________________ NANCY BACKUS, MAYOR ATTEST: ______________________________ Shawn Campbell, MMC, City Clerk APPROVED AS TO FORM: ____________________________ Jason Whalen, City Attorney Page 183 of 183