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HomeMy WebLinkAbout07-17-2023 City Council AgendaCity Council Meeting J uly 17, 2023 - 7:00 P M City Hall Council Chambers A GE NDA Watch the meeting L I V E ! Watch the meeting video Meeting videos are not available until 72 hours after the meeting has concluded. I .C AL L T O O RD E R I I .L AND AC K NO WL E D G M E NT We would like to acknowledge the Federally Recognized Muckleshoot I ndian Tribe, the ancestral keepers of the land we are gathered on today. We thank them for their immense contributions to our state and local history, culture, economy, and identity as Washingtonians. I I I .P UB L I C PART I C IPAT IO N 1.Public Participation T he Auburn City Council Meeting scheduled for Monday J uly 17, 2023 at 7:00 p.m. will be held in person and virtually. Virtual P articipation L ink: To view the meeting virtually please click the below link, or call into the meeting at the phone number listed below. The link to the Virtual Meeting is: https://www.youtube.com/user/watchauburn/live/?nomobile=1 To listen to the meeting by phone or Z oom, please call the below number or click the link: Telephone: 253 215 8782 Toll Free: 877 853 5257 Z oom: https://us06web.zoom.us/j/88937902519 A .P ledge of Allegiance I V.Roll Call V.ANNO UNC E M E NT S, M AY O R'S P RO C L AM AT IO NS, AND P RE S E NTAT I O NS V I .AG E ND A M O D I F IC AT I O NS V I I .C IT IZE N I NP UT, P UB L I C HE ARI NG S AND C O RRE S P O ND E NC E A .Audience Participation Page 1 of 115 This is the place on the agenda where the public is invited to speak to the City Council on any issue. 1.T he public can participate in-person or submit written comments in advance. Participants can submit written comments via mail, fax, or email. All written comments must be received prior to 5:00 p.m. on the day of the scheduled meeting and must be 350 words or less. Please mail written comments to: City of A uburn Attn: Shawn Campbell, City Clerk 25 W Main S t Auburn, WA 98001 Please fax written comments to: Attn: Shawn Campbell, City Clerk F ax number: 253-804-3116 Email written comments to: publiccomment@auburnwa.gov I f an individual requires an accommodation to allow for remote oral comment because of a difficulty attending a meeting of the governing body, the City requests notice of the need for accommodation by 5:00 p.m. on the day of the scheduled meeting. Participants can request an accommodation to be able to provide remote oral comment by contacting the City Clerk’s Office in person, by phone (253) 931-3039, or email to publiccomment@auburnwa.gov B .Correspondence - (T here is no correspondence for Council review.) V I I I .C O UNC I L AD HO C C O M M IT T E E RE P O RT S Council Ad Hoc Committee Chairs may report on the status of their ad hoc Council Committees' progress on assigned tasks and may give their recommendation to the City Council, if any. 1.F inance Ad Hoc Committee (Chair B aldwin) 2.Council Rules and Procedure Ad Hoc Committee (Chair Rakes) I X.C O NS E NT AG E ND A All matters listed on the Consent Agenda are considered by the City Council to be routine and will be enacted by one motion in the form listed. A .Minutes of the J une 5, 2023, Regular City Council Meeting B .Minutes of the J une 12, 2023, and J uly 10, 2023, S tudy S ession Meetings Page 2 of 115 C.Minutes of the J une 26, 2023, Special City Council Meeting D.Claims Vouchers (Thomas) Claims voucher list dated J une 28, 2023 which includes voucher number 472377 through 472526, in the amount of $5,487,029.29, one electronic fund transfer in the amount of $38.99, and five wire transfers in the amount of $902,344.30 Claims voucher list dated J uly 12, 2023 which includes voucher number 472527 through 472829, in the amount of $1,327,349.79, two electronic fund transfers in the amount of $2,003.07, and three wire transfers in the amount of $779,107.34 E .P ayroll Voucher (T homas) P ayroll check numbers 539499 through 539501 in the amount of $734,755.83 electronic deposit transmissions in the amount of $2,419,773.96 for a grand total of $3,154,529.79 for the period covering J une 15, 2023 to J une 28, 2023 P ayroll check numbers 539503 through 539507 in the amount of $77,525.26 electronic deposit transmissions in the amount of $2,731,096.70 for a grand total of $2,808,621.96 for the period covering J une 29, 2023 to J uly 12, 2023 (RE C O M M E ND E D AC T I O N: M ove to approve the Consent Agenda.) X .UNF INIS HE D B US I NE S S X I .NE W B US I NE S S X I I .O RD INANC E S A .Ordinance No. 6911 (Thomas) A n Ordinance amending Ordinance No. 6879, the 2023-2024 B iennial Operating B udget Ordinance, and Ordinance No. 6888, the 2023-2024 Biennial Capital Budget, authorizing amendment to the City of Auburn 2023-2024 B udget as set forth in schedule "A" and schedule "B " (RE C O M M E ND E D AC T I O N: M ove to adopt Ordinance No. 6911) B .Ordinance No. 6912 (T homas) A n Ordinance amending S ection 13.06.360 of the A uburn City Code (A C C), relating to City Utility Rates (RE C O M M E ND E D AC T I O N: M ove to adopt Ordinance No. 6912) X I I I .RE S O L UT IO NS A .Resolution No. 5725 (Faber) A Resolution authorizing the Mayor to execute an agreement between the City of A uburn and the Washington Department of Commerce to accept and expend Grant Funds for continued Restoration and Phase 2 Restoration of the A uburn Arts and Culture Center (RE C O M M E ND E D AC T I O N: M ove to approve Resolution No. 5725.) Page 3 of 115 B .Resolution No. 5726 (L egal) A Resolution authorizing the Mayor to execute the F irst Amendment to the S ite A greement between the City of Auburn and S B A 2012 T C A ssets L L C related to leasing Game F arm Park Property for a Telecommunications Tower (RE C O M M E ND E D AC T I O N: M ove to approve Resolution No. 5726.) C.Resolution No. 5727 (Faber) A Resolution authorizing the Mayor to execute an agreement between the City of A uburn and the National Recreation and P ark Association to accept and expend Grant Funds for improvements to the P aved P athway S ystem at Auburndale Park (RE C O M M E ND E D AC T I O N: M ove to approve Resolution No. 5727.) D.Resolution No. 5728 (Gaub) A Resolution authorizing the Mayor to execute and administer Washington State Public Works Trust Fund L oan Documents to F inance Roadway I mprovements on Auburn Way South from Hemlock S treet S E to Poplar S treet S E (P roject C P1622) (RE C O M M E ND E D AC T I O N: M ove to approve Resolution No. 5728.) X I V.M AY O R AND C O UNC I L M E M B E R RE P O RT S At this time the Mayor and City Council may report on significant items associated with their appointed positions on federal, state, regional and local organizations. A .From the Council B .From the M ayor X V.AD J O URNM E NT Agendas and minutes are available to the public at the City Clerk's Office, on the City website (http://www.auburnwa.gov), and via e-mail. Complete agenda packets are available for review at the City Clerk's Office. Page 4 of 115 AGENDA BILL APPROVAL FORM Agenda Subject: Minutes of the June 5, 2023, Regular City Council Meeting Date: July 12, 2023 Department: City Council Attachments: 06-05-2023 Minutes Budget Impact: Current Budget: $0 Proposed Revision: $0 Revised Budget: $0 Administrativ e Recommendation: Background for Motion: Background Summary: Rev iewed by Council Committees: Councilmember:Staff: Meeting Date:July 17, 2023 Item Number:CA.A Page 5 of 115 City Council Meeting J une 5, 2023 - 7:00 P M UP D AT E D - City Hall Council Chambers MINUT E S Watch the meeting L I V E ! Watch the meeting video Meeting videos are not available until 72 hours after the meeting has concluded. I .C AL L T O O RD E R I I .L AND AC K NO WL E D G M E NT I I I .P UB L I C PART I C IPAT IO N 1.Public Participation The City Council Meeting was held in person and virtually. A .P ledge of Allegiance Mayor Nancy Backus called the meeting to order at 7:00 p.m. in the Council Chambers of A uburn City Hall, 25 West Main S treet and led those in attendance in the Pledge of Allegiance. I V.Roll Call Councilmembers present: D eputy Mayor J ames J eyaraj, B ob Baggett, K ate B aldwin, L arry Brown, R obyn Mulenga, C heryl Rakes, and Yolonda Trout-Manuel. Department directors and staff members present included: City Attorney K endra Comeau, S enior City Staff A ttorney Harry B oesche, Chief of P olice Mark Caillier, Director of Public Works I ngrid Gaub, Director of E quity and I nclusion Brenda Goodson-Moore, Director of I nnovation and Technology David Travis, Director of Human Resources & Risk Management Candis Martinson, Director of F inance J amie Thomas, Director of Community Development J eff Tate, Director of Anti- Homelessness Kent Hay, B usiness S ystems Analyst J onathan B arbano, and City Clerk S hawn Campbell. V.ANNO UNC E M E NT S, M AY O R'S P RO C L AM AT IO NS, AND P RE S E NTAT I O NS A .J uneteenth Mayor Backus to proclaim J une 19, 2023 as "J uneteenth" in the City of A uburn Mayor Backus proclaimed J une 19, 2023 as J uneteenth in the City of A uburn. Page 1 of 8Page 6 of 115 Director Goodson-Moore thanked the Mayor and Council for their support. S he shared the significance of the holiday. S he invited everyone to attend the J uneteenth celebration on J une 18, 2023, at L es Gove Park. B .L G B T Q I A + P ride Month Mayor Backus to proclaim J une 2023 as "L G B T Q I A+ Pride Month" in the City of A uburn Mayor Backus proclaimed J une as L G B T Q I A + P ride Month. J unior City Council Chair W ylan Menzia thanked the Mayor and Council for their support. V I .AP P O I NT M E NT S A .P lanning Commission City Council to approve the appointments of W illiam Stewart, Aaron VanderPol, and Lynn Walters to the Planning Commission for a three year term expiring December 31, 2025 Councilmember B aldwin moved and Councilmember B rown seconded to approve the appointments of W illiam Stewart, A aron VanderP ol, and Lynn Walters to the P lanning Commission for a three year term expiring December 31, 2025. MO T I O N C A R R I E D UNA NI MO US LY. 7-0 V I I .AG E ND A M O D I F IC AT I O NS There were no modifications to the agenda. V I I I .C IT IZE N I NP UT, P UB L I C HE ARI NG S AND C O RRE S P O ND E NC E 1.Public Hearing for Right-of-Way No. VA C22-0003 City Council to hold a pubic hearing in consideration of Right-of-Way Vacation No. VA C22-0003. S ee Ordinance No. 6905 for further action on this item. No one came forward to speak. 2.Executive Session Mayor B ackus adjourned into an executive session at 7:16 p.m. per R C W 42.30.110(1)(i) to discuss L itigation or legal risks of a proposed action or current practice that the agency has identified when public discussion of the litigation or legal risks is likely to result in an adverse legal or financial consequence to the agency for 30 minutes. Councilmembers, City Attorney Comeau, S enior City Staff A ttorney Boesche, S pecial A ppointed L egal Counsel Charlotte Archer, Outside Counsel Susan Michael, and Director Martinson were required to attend. T here was action after the executive session. Page 2 of 8Page 7 of 115 Mayor B ackus extended the executive session by an additional 10 minutes. Mayor B ackus reconvened the meeting at 7:56 p.m. A .Audience Participation This is the place on the agenda where the public is invited to speak to the City Council on any issue. 1.T he public can participate in-person or submit written comments in advance. J ane Koler provided comments regarding proposed Ordinance No. 6908. Norah Hershberger 112 E S treet S W Auburn Ms. Hershberger stated she is a member of the P olice A dvisory B oard (PA C). S he expressed concerns with violent crime in the City. David Goertzen 10399 318th Street Auburn Mr. Goertzen expressed concerns about the Garden Avenue P roject. S ue Webb 10399 318th S treet A uburn Ms. Webb expressed concerns about the Garden Avenue Project. David Chivis 17 S Division Street Auburn Mr. Chivis expressed appreciation for the Auburn Police Department and the A uburn Farmers Market. Virginia Haugen 2503 R S T S E A uburn Ms. Haugen thanked the Parks program for their programs. She expressed concerns about the City entering into contracts that effect property owners. B .Correspondence There was no correspondence for Council to review. I X.C O UNC I L AD HO C C O M M IT T E E RE P O RT S Council Ad Hoc Committee Chairs may report on the status of their ad hoc Council Committees' progress on assigned tasks and may give their recommendation to the City Council, if any. 1.F inance Ad Hoc Committee (Chair B aldwin) Councilmember B aldwin, Chair of the F inance ad hoc committee, reported she and Councilmember Baggett have reviewed the claims Page 3 of 8Page 8 of 115 and payroll vouchers described on the agenda this evening and recommended their approval. 2.Mayoral B enefits and L eave Compensation Review A d Hoc Committee (Chair B aldwin) Councilmember B aldwin, Chair of the Mayoral B enefits and L eave Compensation Review ad hoc committee, provided Council with a statement from the ad hoc committee and thanked Mayor, Council, and staff for their hard work. X .C O NS E NT AG E ND A All matters listed on the Consent Agenda are considered by the City Council to be routine and will be enacted by one motion in the form listed. A .Minutes of the April 24, 2023, May 8, 2023, and May 22, 2023 City Council Study Session Meetings B .Minutes of the May 1, 2023, Regular City Council Meeting C.Minutes of the May 18, 2023 and May 19, 2023, Special City Council Meetings D.Claims Vouchers (Thomas) Claims voucher list dated May 15, 2023 which includes voucher number 471821 through 472002, in the amount of $3,403,786.25 and five wire transfers in the amount of $77,622.92 Claims voucher list dated J une 5, 2023 which includes voucher number 472003 through 472109, in the amount of $2,205,594.81 and five wire transfers in the amount of $1,379,404.61 Claims voucher list dated J une 5, 2023 which includes voucher number 472110 through 472192, in the amount of $1,946,728.79 and zero wire transfers in the amount of $0.00 E .P ayroll Voucher (T homas) P ayroll check numbers 539489 through 539492 in the amount of $82,166.72 electronic deposit transmissions in the amount of $2,667,459.88 for a grand total of $2,749,626.60 for the period covering A pril 27, 2023 to May 10, 2023 P ayroll check numbers 539493 through 539493 in the amount of $619,159.00 electronic deposit transmissions in the amount of $2,411,285.48 also a special payroll for P olice Commissioned Comp Payout with electronic deposit transmission in the amount of $32,478.62 for a grand total of $3,062,923.10 for the period covering May Page 4 of 8Page 9 of 115 11, 2023 to May 31, 2023 F.S etting the date for a Public Hearing for the 2024-2029 Transportation I mprovement P rogram (Gaub) City Council to set the date for a Public Hearing for the 2024-2029 Transportation I mprovement P lan Deputy Mayor J eyaraj moved and Councilmember B rown seconded to approve the consent agenda. MO T I O N C A R R I E D UNA NI MO US LY. 7-0 X I .UNF INIS HE D B US I NE S S There was no unfinished business. X I I .NE W B US I NE S S There was no new business. X I I I .O RD INANC E S A .Ordinance No. 6902 (Tate) A n Ordinance relating to Building Codes, and Amending Chapter 15.08A, Sections 15.07.010, 15.07.020, 15.07.030, 15.07.040, 15.07.080, 15.07.090, 15.07.100, 15.07.140, 15.07.150, 15.020.010, 15.20.030, 15.20.050, 15.32.010, 15.32.050, 15.36A.011, 15.36A.091, 15.74.040 and 15.74.050, Repealing Chapters 15.04, 15.06, and 15.48 of the Auburn City Code Councilmember B rown moved and Councilmember Trout-Manuel seconded to approve Ordinance No. 6902. MO T I O N C A R R I E D UNA NI MO US LY. 7-0 B .Ordinance No. 6905 (Gaub) A n Ordinance Vacating Unopened City Right-of-Way located within a portion of 116th Avenue S E that lies North of S E 304th S treet, within the City of Auburn, Washington Councilmember B rown moved and Councilmember Mulenga seconded to approve Ordinance No. 6905. MO T I O N C A R R I E D UNA NI MO US LY. 7-0 C.Ordinance No. 6906 (Council) A n Ordinance amending S ection 2.08.020 of the Auburn City Code related to the purpose of the City’s I ndependent Salary Commission Councilmember B aldwin moved and Councilmember B aggett seconded to approve Ordinance No. 6906. MO T I O N C A R R I E D UNA NI MO US LY. 7-0 Page 5 of 8Page 10 of 115 D.Ordinance No. 6907 (Council) A n Ordinance relating to the S alary and E mployment B enefits of the City Mayor P osition, amending A uburn City Code Sections 2.03.020, 2.63.120 and 2.63.160, and providing (in a Non-Codified Section) Employment Benefit Payment Terms for the Current City Mayor A n updated version of the Ordinance was provided to Council. Councilmember B aldwin moved and Councilmember B aggett seconded to approve Ordinance No. 6907. MO T I O N C A R R I E D UNA NI MO US LY. 6-1. Councilmember B rown voted no. E .Ordinance No. 6909 (Gaub) A n Ordinance relating to restrictions and limitations of P ublic Right-of-Way use and revising Chapter 10.28 of the Auburn City Code Councilmember B rown moved and Councilmember Trout-Manuel seconded to approve Ordinance No. 6909. MO T I O N C A R R I E D UNA NI MO US LY. 7-0 X I V.RE S O L UT IO NS A .Resolution No. 5710 (Thomas) A Resolution relating to the Auburn F ood B ank’s Day Center and Night Shelter Operations and authorizing the Mayor to negotiate, administer, and execute an A greement with the Auburn F ood B ank Councilmember Trout-Manuel moved and Councilmember Baldwin seconded to approve Resolution No. 5710. MO T I O N C A R R I E D UNA NI MO US LY. 7-0 B .Resolution No. 5716 (Tate) A Resolution approving the South K ing Housing and Homelessness 2024 Work Plan and 2024 Operating B udget Councilmember Trout-Manuel moved and Councilmember Rakes seconded to approve Resolution No. 5716. MO T I O N C A R R I E D UNA NI MO US LY. 7-0 C.Resolution No. 5717 (Comeau/Caillier) A Resolution authorizing the City to enter an Agreement with K ing County L ibrary S ystem (K C L S) for City L aw E nforcement Services on K C L S Property Deputy Mayor J eyaraj moved and Councilmember Rakes seconded to approve Resolution No. 5717. Page 6 of 8Page 11 of 115 MO T I O N C A R R I E D UNA NI MO US LY. 7-0 D.Resolution No. 5721 (Council) A Resolution amending the City Council Rules of Procedure Councilmember B aldwin moved and Councilmember Trout-Manuel seconded to approve Resolution No. 5721. MO T I O N C A R R I E D UNA NI MO US LY. 7-0 X V.M AY O R AND C O UNC I L M E M B E R RE P O RT S At this time the Mayor and City Council may report on significant items associated with their appointed positions on federal, state, regional and local organizations. A .From the Council Councilmember Mulenga reported she attended PetPalooza and the I mperial P alace Casino Ribbon Cutting event. Councilmember Rakes reported she attended the I mperial Palace Casino Ribbon Cutting event. Councilmember Trout-Manuel reported she attended the National L eague of Cities HE L O meeting, the Memorial Day Ceremony, S ound Cities networking dinner, B lue Ribbon Committee meeting, and the A uburn Farmers Market. Councilmember B rown complimented the Parks Department on the A uburn Farmers Market. Councilmember B aldwin reported she attended PetPalooza, the A uburn Farmers Market, and the Roses Makers Market B outique Ribbon Cutting event. B .From the M ayor No report. X V I .AD J O URNM E NT There being no further business to come before the Council, the meeting was adjourned at 8:41 p.m. A P P R O V E D this 17th day of J uly, 2023. ____________________________ ____________________________ NA NC Y B A C K US, MAYO R S hawn Campbell, City Clerk Agendas and minutes are available to the public at the City Clerk's Office, on the City website (http://www.auburnwa.gov), and via e-mail. Complete agenda packets are available for review Page 7 of 8Page 12 of 115 at the City Clerk's Office. Page 8 of 8Page 13 of 115 AGENDA BILL APPROVAL FORM Agenda Subject: Minutes of the June 12, 2023, and July 10, 2023, Study Session Meetings Date: July 12, 2023 Department: City Council Attachments: 06-12-2023 Minutes 07-10-2023 Minutes Budget Impact: Current Budget: $0 Proposed Revision: $0 Revised Budget: $0 Administrativ e Recommendation: Background for Motion: Background Summary: Rev iewed by Council Committees: Councilmember:Staff: Meeting Date:July 17, 2023 Item Number:CA.B Page 14 of 115 City Council Study Session Muni Serv ices S FA J une 12, 2023 - 5:30 P M City Hall Council Chambers A GE NDA Watch the meeting v ideo Meeting videos are not available until 72 hours after the meeting has concluded. I .C A L L TO O R D E R I I .P UB L I C PA RT I C I PAT I O N A .P ublic P articipation The City Council Meeting was held in person and virtually. B .Roll Call Councilmembers present: Deputy Mayor J ames J eyaraj, Bob B aggett, Robyn Mulenga, Cheryl Rakes, and Councilmember Yolonda Trout- Manuel. Councilmember Kate B aldwin arrived at 5:35 p.m. Councilmember L arry B rown was excused. Department directors and staff members present included: City Attorney K endra Comeau, S enior City Staff A ttorney Harry B oesche, Chief of P olice Mark Caillier, Director of Public Works I ngrid Gaub, P aralegal Megan Stockdale, S enior Transportation Planner Cecile Malik, Director of A dministration Dana Hinman, Director of E quity and I nclusion Brenda Goodson-Moore, A ssistant Director of E ngineering Services J acob S weeting, Director of I nnovation and Technology David Travis, Assistant Director of Human Resources A aron B arber, Director of Finance J amie Thomas, Director of Human Resources and Risk Management Candis Martinson, Commander David Colglazier, Commander Todd Byers, P rosecutor Sergio F lores, B usiness S ystems Analyst Chrissy Malave, and Deputy City Clerk Hannah Scholl. I I I .A G E ND A MO D I F I C AT I O NS There were no modifications to the agenda. I V.A NNO UNC E ME NT S , R E P O RT S , A ND P R E S E NTAT I O NS There were no announcements, reports, or presentations. Page 1 of 4Page 15 of 115 V.A G E ND A I T E MS F O R C O UNC I L D I S C US S I O N A .Comprehensive Transportation P lan Update - Policy Review (Gaub) (35 Minutes) A ssistant Director S weeting and P lanner Malik provided Council with an overview of the Comprehensive P lan Policy including the goals, policies, and actions of the plan; new legislative requirements, planning, equity, environment, multimodal transportation network, concurrency, managing capacity needs, right of way, maintenance preservation, and parking. Council discussed car share programs, F B O partnerships, train schedules, and the L ink L ight-Rail. Council thanked them for all their hard work. B .2023 L egislative Update (Hinman) (20 Minutes) A n update on the bills that the City of A uburn worked on during the 2023 L egislative S ession Director Hinman provided Council with a 2023 L egislative Update including the timeframe of the session, number of bills introduced, number of bills passed, and number of bills vetoed, and the Special S ession. Director Hinman discussed the different categories of the bills including Public S afety, P ublic Works and I nfrastructure, Regulatory and L and Use, P arks and Open Spaces, and Social Services. Council discussed the B lake Decision, and the next L egislative Session. C.1st Quarter 2023 F inancial Report (T homas) (20 Minutes) Director T homas provided Council with the 2023 F irst Quarter F inancial Report including the General F und Revenue overview, Property Tax, Retail S ales and Use Tax, Utility Tax, B usiness and Occupation (B &O) Tax, and other taxes. She also discussed L icenses and P ermits, I ntergovernmental Funds, charges for services, General F und E xpenditures by Departments, A R PA F unds update, non-General Fund highlights both Capital and E nterprise F unds. Council discussed Park F unds. V I .MUNI C I PA L S E RV I C E S D I S C US S I O N I T E MS A .Municipal Court S tudy P resentation HR R M (Martinson) (30 Minutes) City of Auburn requested analysis of Municipal Court S ervice options by the National Center for State Courts (NC S C) This portion of the meeting was chaired by Vice-Chair Mulenga. Director Martinson, J ohn B ello, P rincipal Court Management Consultant, and Trisha Grove, P ublic Defender, provided Council with an overview of the Municipal Court S tudy including a project overview, interlocal agreement, study methodology, historical Page 2 of 4Page 16 of 115 information and NC S C study overview, first stage review and analysis, stakeholders' interviews, Community Court, Diversity, E quity, and I nclusion (D E I ), comparison analysis, costs, case filing overview and summary, and staffing. Council discussed costs, Community Court, cases, facility remodel, Government Alliance on Race and E quity (G A R E) Toolkit, elections and appointments, and domestic violence cases. Director Comeau provided Council with an overview of the operational needs, facility needs, software needs, and impacts of numerous people handling case files. S enior Staff A ttorney B oesche provided Council with his concerns with the City's current Court System. B .A uburn P olice Department Annual Reports (Caillier) (20 Minutes) 2022 A nnual Reports for the Auburn Police Department covering Use of Force, Commendation, I nquiries and Allegations, and Pursuit A nalysis Chief Caillier and Commander Colglazier provided Council with an overview of the 2022 A nnual C I A Review including commendations, internal investigations, supervisory investigations, allegations, collisions, combined discipline, and outside agency investigations. Council discussed the types of investigations, 911 calls, and online reporting. Commander Colglazier provided Council with an overview of the 2022 A nnual Use of F orce Review including contacts vs use of force incidents, force complaints, force types, effective vs not effective type statistics, force resulting in injury, time of day, reason for force, resistance, officer assessment, and demographics. Council discussed force types. Commander Byers provided Council with an overview of the 2022 Pursuit A nalysis including statistics by months and years, reasons for pursuit, and limitations on pursuits. Council discussed total pursuits, and auto thefts. C.S treet Racing P resentation (Caillier/Comeau) (10 Minutes) P resentation will provide updated information about street racing laws S enior City Staff A ttorney B oesche and Chief Caillier provided Council with an overview of the S treet Racing L aws and E nforcement including definitions, S tate laws, City laws, no racing zones, penalties, Senate Bill 5606, and regional enforcement. Page 3 of 4Page 17 of 115 Council discussed common areas, and controlled events. D.Community Court Update (Comeau) (10 Minutes) A nnual update to solicit input from Council, and to provide updated information about improvements and program operations P rosecutor F lores and Paralegal S tockdale provided Council with an update on Community Court including the goal of Community Court, number of graduates, evidence-based model approach, target behaviors, compliance monitoring, rewards and sanctions, partners and providers, and in custody referrals. Council discussed size of staff, number of participants, the resource center, and daily tasks. Council thanked the L egal Department for their dedication and hard work. V I I .A D J O UR NME NT There being no further business to come before the Council, the meeting was adjourned at 8:53 p.m. A P P R O V E D this 17th day of J uly, 2023. ____________________________ ____________________________ J A ME S J E YA R A J , D E P UT Y MAYO R Hannah Scholl, Deputy City Clerk Agendas and minutes are available to the public at the City Clerk's Office, on the City website (http://www.auburnwa.gov), and via e-mail. Complete agenda packets are available for review at the City Clerk's Office. Page 4 of 4Page 18 of 115 City Council Study Session Finance, Technology and Economic Dev elopment Special Focus Area J uly 10, 2023 - 5:30 P M City Hall Council Chambers MINUT E S Watch the meeting L I V E ! Watch the meeting video Meeting videos are not available until 72 hours after the meeting has concluded. I .C A L L TO O R D E R I I .P UB L I C PA RT I C I PAT I O N A .P ublic P articipation The City Council Meeting was held in person and virtually. B .Roll Call Councilmembers present: Deputy Mayor J ames J eyaraj, Kate B aldwin, L arry B rown, Robyn Mulenga, Cheryl Rakes, and Councilmember Yolonda Trout-Manuel. Councilmember Bob B aggett attended the meeting virtually. Department directors and staff members present included: City Attorney K endra Comeau, Chief of Police Mark Caillier, Director of P ublic Works I ngrid Gaub, Director of E quity and I nclusion Brenda Goodson-Moore, Director of I nnovation and Technology David Travis, Director of Human Resources J amie Thomas, Financial P lanning Manager F rank Downard, Neighborhood P rograms Coordinator Chris L ovings, Utility Engineering Manager Ryan Vondrak, Water E ngineer S enait Gebreeyesus, Diversity, E quity, and I nclusion A nalyst Kia Mc Glone, E conomic Development Manager J enn Francis, Business Systems A nalyst J onathan Barbano, and City Clerk S hawn Campbell. I I I .A G E ND A MO D I F I C AT I O NS Ordinance No. 6912 and I nclusive A uburn Coalition presentation were moved to presentations. I V.A NNO UNC E ME NT S , R E P O RT S , A ND P R E S E NTAT I O NS A .Ordinance No. 6912 (T homas) (10 Minutes) Manager Downard and Vice President, A ngie Sanchez, with F C S Group provided Council with an overview of the W holesale Water Rate Update including background, customers, methodology, the continual service rates, and standby charges. Page 1 of 4Page 19 of 115 Council discussed continuous water costs and water demands in regards to Tacoma Water. B .I nclusive Auburn Coalition P resentation (Goodson-Moore) (20 Minutes) Director Goodson-Moore and A nalyst McGlone provided Council with an overview of the Office of E quity. S he explained they are working on normalizing racial equity in the City and explained what normalizing racial equity means. Diversity, E quity, I nclusion, and J ustice (D E I J ) Consultant, S apna S opori, with Sapna Strategies provided Council with the plan for the Coalition. S he reviewed the purpose of creating the Coalition, shared the job description for the A uburn Coalition membership, reviewed the groups that will be apart of the Coalition, the dispositions and skills to be a Coalition member, and reviewed the nomination process. Scott Miller reviewed what the goal for the Coalition is. Council discussed makeup of the Coalition, the meeting locations, creating a toolbox, the work from the previous consultant, and frequency of updates to Council. V.A G E ND A I T E MS F O R C O UNC I L D I S C US S I O N A .Ordinance No. 6911 (Thomas) (20 Minutes) A n Ordinance amending Ordinance No. 6879, the 2023-2024 B iennial Operating B udget Ordinance, and Ordinance No. 6888, the 2023-2024 Biennial Capital Budget, authorizing amendment to the City of Auburn 2023-2024 B udget as set forth in schedule “A” and schedule “B ” Director T homas provided Council with an overview of Ordinance No. 6911 regarding the second B udget A mendment including the adjustment of the beginning fund B alances, new requests, addition of grant funds, and adjustments to Capital P rojects. Council discussed the closure of the B I A fund. B .2023 National Night Out Presentation (Tate) (15 Minutes) A n update on Auburn’s 2023 National Night Out event Neighborhood Coordinator L ovings provided Council with the 2023 National Night Out P resentation. He reviewed the Neighborhood P rograms, provided a recap of the National Night Out event from 2022, and discussed the plan for the 2023 National Night Out. Council discussed getting neighborhoods involved, and appreciation of the inclusive nature of the event. C.Water S ystem Comprehensive P lan Update - Policy Review (Gaub) (30 Minutes) Page 2 of 4Page 20 of 115 Manager Vondrak and E ngineer Gebreeyesus provided Council with an overview of the Water S ystem Comprehensive plan update, they reviewed the goals and polices of the update, an introduction into the water system including removal, addition and modification of polices in regarding business practices, service area goal, operation and maintenance goals, financial goals, planning, environmental stewardship, and design and construction goals. Council discussed the reduction goals. V I .F I NA NC E, T E C HNO L O G Y A ND E C O NO MI C D E V E L O P ME NT D I S C US S I O N I T E MS A .E conomic Development Update – 2nd Quarter 2023 (Tate) (15 Minutes) A n update on E conomic Development Division activity Councilmember B aldwin Chaired this section of the meeting. Manager F rancis provided Council with an overview of the Economic Development Second Quarter update. S he reviewed the Downtown A uburn Cooperative and the B I A update including the partnership projects, downtown engagement, murals in the downtown, downtown business ribbon cutting, the Outlet Collection Marketing Campaign, the Pacific Raceway Marketing Campaign, Pacific Raceways NHR A FanF est 2023, B usiness Connect Events, the Economic Development element of the Comprehensive P lan, business outreach meetings, tourism, Good Neighbor A greement, National Night Out, Request for P roposals for Web L ocation I ntelligence A pplication, and plans for the next update. Council discussed the S HA G allowance for tenant improvements, the advertising signs and return on investment, the Explore Auburn website, the Muckleshoot Tribal Hotel, the Muckleshoot Canoe J ourney event, and partnership opportunities with the Muckleshoot Tribe. Deputy Mayor announced that the A d Hoc Committee for the Council Rules of Procedure has been formed and consists of himself, Councilmember B rown, and Councilmember Rakes. Councilmember Rakes will Chair the Committee and their first meeting is J uly 11, 2023. V I I .A D J O UR NME NT There being no further business to come before the Council, the meeting was adjourned at 7:58 p.m. A P P R O V E D this 17th day of J uly, 2023. ____________________________ ____________________________ J A ME S J E YA R A J , D E P UT Y MAYO R S hawn Campbell, City Clerk Page 3 of 4Page 21 of 115 Agendas and minutes are available to the public at the City Clerk's Office, on the City website (http://www.auburnwa.gov), and via e-mail. Complete agenda packets are available for review at the City Clerk's Office. Page 4 of 4Page 22 of 115 AGENDA BILL APPROVAL FORM Agenda Subject: Minutes of the June 26, 2023, Special City Council Meeting Date: July 12, 2023 Department: City Council Attachments: 06-26-2023 Minutes Budget Impact: Current Budget: $0 Proposed Revision: $0 Revised Budget: $0 Administrativ e Recommendation: Background for Motion: Background Summary: Rev iewed by Council Committees: Councilmember:Staff: Meeting Date:July 17, 2023 Item Number:CA.C Page 23 of 115 Special City Council Meeting J une 26, 2023 - 5:30 P M City Hall Council Chambers MINUT E S I .C AL L T O O RD E R I I .L AND AC K NO WL E D G E M E NT We would like to acknowledge the Federally Recognized Muckleshoot I ndian Tribe, the ancestral keepers of the land we are gathered on today. We thank them for their immense contributions to our state and local history, culture, economy, and identity as Washingtonians. I I I .P UB L I C PART I C IPAT IO N 1.Public Participation The City Council Meeting was held in person and virtually. A .P ledge of Allegiance Mayor Nancy Backus called the meeting to order at 5:30 p.m. in the Council Chambers of A uburn City Hall, 25 West Main S treet and led those in attendance in the Pledge of Allegiance. I V.Roll Call Councilmembers present: Deputy Mayor J ames J eyaraj, L arry Brown, Robyn Mulenga, Cheryl Rakes, and Yolonda Trout-Manuel. Councilmember B ob Baggett attended the meeting virtually and Councilmember K ate Baldwin was excused. Department directors and staff members present included: S enior City S taff Attorney Doug Ruth, A ssistant Chief of P olice Samuel Betz, Director of P ublic Works I ngrid Gaub, Director of E quity and I nclusion Brenda Goodson-Moore, Director of Anti-Homelessness Kent Hay, S enior Project E ngineer J effrey Bender, Project Engineer Seth W ickstrom, Storm Drainage E ngineer Tim Carlaw, Utilities E ngineering Manager Ryan Vondrak, B usiness S ystems Analyst Chrissy Malave, and Deputy City Clerk Hannah Scholl. V.ANNO UNC E M E NT S, M AY O R'S P RO C L AM AT IO NS, AND P RE S E NTAT I O NS A .Capital P rojects S tatus Report and F eature P roject (Gaub) E ngineer's B ender and W ickstrom provided Council with an overview of Page 1 of 6Page 24 of 115 the Capital Project Status Report and Feature Project including current status, total number of projects, project phases, future projects. T hey also provided Council with an overview of the featured Capital Project No. C P1603 Coal Creek S prings Transmission Repair, including vicinity map, existing conditions, project scope, improvement and benefits, and project schedule and funding. Council discussed project costs and grants. B .S torm Drainage Comprehensive Plan Update – Policy Review (Gaub) Manager Vondrak and E ngineer Carlaw provided Council with an overview of the Storm Drainage Comprehensive P lan Policy review including schedule overview, and policy goal statements. T hey discussed the storm drainage utility introduction including conditions, quality, and quantity, storm drainage goal categories including system planning, operations and maintenance, fiscal planning, and environment and regional coordination. They also discussed policies review, removed policies, new policies, combined policies, and simplified policies. Council discussed equity and inclusion in relation to the plan. V I .AP P O I NT M E NT S A .J unior City Council City Council to approve the appointment of Patricia Amadeo and Osiris Romero- Caldera to the Auburn J unior City Council for a two year term expiring A ugust 31, 2024 Deputy Mayor J eyaraj moved and Councilmember Trout-Manuel seconded to approve the appointment of Osiris Romero-Caldera to the Auburn J unior City Council for a two-year term expiring August 31, 2024. MO T I O N C A R R I E D UNA NI MO US LY. 6-0 B .Urban Tree Board City Council to approve the appointment of Todd Beals to the Urban Tree B oard for a three year term expiring December 31, 2025 Councilmember B rown moved and Councilmember Rakes seconded to approve the appointment of Todd Beals to the Urban Tree B oard for a three-year term expiring December 31, 2025. MO T I O N C A R R I E D UNA NI MO US LY. 6-0 V I I .AG E ND A M O D I F IC AT I O NS Removed appointment of P atricia Amadeo to the A uburn J unior City Council. Removed the Unfinished Business and New B usiness from the A genda. P rovided complete I nterlocal A greement for Resolution No. 5723. Page 2 of 6Page 25 of 115 V I I I .C IT IZE N I NP UT, P UB L I C HE ARI NG S AND C O RRE S P O ND E NC E A .P ublic Hearings 1.Public Hearing for 2024-2029 Transportation I mprovement Program (Gaub) City Council to conduct a P ublic Hearing to consider the 2024-2029 Transportation I mprovement Plan No one came forward to speak. B .Audience Participation This is the place on the agenda where the public is invited to speak to the City Council on any issue. Those wishing to speak are reminded to sign in on the form provided. 1.T he public can participate in-person or submit written comments in advance. Robert B isordi 4422 C S T NE Auburn 98002 Mr. Bisordi expressed his concerns regarding the B&O Tax. J ohn Brekke 3702-3902 West Valley Hwy & 407-435 E Main S T A uburn 98001 Mr. Brekke expressed his concerns regarding crime in the City of A uburn. He thanked Mayor and Council for all their hard work. C.Correspondence There was no correspondence for Council to review. I X.C O UNC I L AD HO C C O M M IT T E E RE P O RT S Council Ad Hoc Committee Chairs may report on the status of their ad hoc Council Committees' progress on assigned tasks and may give their recommendation to the City Council, if any. 1.F inance Ad Hoc Committee (Chair B aldwin) Councilmember B aggett, Vice-Chair of the Finance ad hoc committee, reported he and Councilmember B aldwin have reviewed the claims and payroll vouchers described on the agenda this evening and recommended their approval. X .C O NS E NT AG E ND A All matters listed on the Consent Agenda are considered by the City Council to be routine and will be enacted by one motion in the form listed. A .Claims Vouchers (Thomas) Claims voucher list dated J une 14, 2023 which includes voucher number 472193 through 472376, in the amount of $4,450,661.68 and three wire transfers in the amount Page 3 of 6Page 26 of 115 of $960,854.89 B .P ayroll Voucher (T homas) P ayroll check numbers 539494 through 539497 in the amount of $76,568.21, electronic deposit transmissions in the amount of $2,739,728.14 for a grand total of $2,816,296.35 for the period covering J une 1, 2023 to J une 14, 2023 Deputy Mayor J eyaraj moved and Councilmember B rown seconded to approve the consent agenda. MO T I O N C A R R I E D UNA NI MO US LY. 6-0 X I .UNF INIS HE D B US I NE S S The item was removed from the agenda. X I I .NE W B US I NE S S The item was removed from the agenda. X I I I .RE S O L UT IO NS A .Resolution No. 5718 (Comeau) A Resolution authorizing the Mayor to lease a portion of the City’s Game Farm P ark A dministration Building to the Washington State Department of Fish and W ildlife Councilmember Mulenga moved and Councilmember Trout-Manuel seconded to approve Resolution No. 5718. MO T I O N C A R R I E D UNA NI MO US LY. 6-0 B .Resolution No. 5720 (Gaub) A Resolution approving and adopting the 2024-2029 Transportation I mprovement P rogram of the City of Auburn Councilmember B rown moved and Deputy Mayor J eyaraj seconded to approve Resolution No. 5720. MO T I O N C A R R I E D UNA NI MO US LY. 6-0 C.Resolution No. 5722 (Hay) A Resolution authorizing the Mayor to sign the King County Regional I nterlocal A greement enabling the City to receive its share of the Opioid S ettlement F unds Councilmember Trout-Manuel moved and Councilmember Mulenga seconded to approve Resolution No. 5722. MO T I O N C A R R I E D UNA NI MO US LY. 6-0 D.Resolution No. 5723 (Hay) A Resolution authorizing the Mayor to sign the P ierce County Regional I nterlocal Agreement enabling the City to receive its share of the Opioid Page 4 of 6Page 27 of 115 Settlement Funds Deputy Mayor J eyaraj moved and Councilmember Trout-Manuel seconded to approve Resolution No. 5723. MO T I O N C A R R I E D UNA NI MO US LY. 6-0 E .Resolution No. 5724 (Comeau) A Resolution authorizing the Mayor to execute a lease agreement between the City of A uburn and the City of F ederal Way for a portion of the City’s Game Farm P ark A dministration Building Deputy Mayor J eyaraj moved and Councilmember Rakes seconded to approve Resolution No. 5724. MO T I O N C A R R I E D UNA NI MO US LY. 6-0 X I V.M AY O R AND C O UNC I L M E M B E R RE P O RT S At this time the Mayor and City Council may report on significant items associated with their appointed positions on federal, state, regional and local organizations. Deputy Mayor reported he attended the J uneteenth Celebration, the A ssociation of Washington Cities (AW C) Conference. He announced that he will be creating an ad hoc committee for Council Rules of P rocedure. Councilmember Mulenga reported she attended the K ids Day event. Councilmember Rakes reported she attended the Muckleshoot Veterans P owWow, J uneteenth Celebration, the Association of Washington Cities (AW C) Conference, and Community Wellness discussions on D E I . Councilmember B rown reported he attended the P ride F lag raising at City Hall, and the Pride event at the Auburn F armers Market. Councilmember B aggett reported on the upcoming Regional Transit Committee meeting. A .From the Council Deputy Mayor reported he attended the J uneteenth Celebration, the A ssociation of Washington Cities (AW C) Conference. He announced that he will be creating an ad hoc committee for Council Rules of P rocedure. Councilmember Mulenga reported she attended the K ids Day event. Councilmember Rakes reported she attended the Muckleshoot Veterans P owWow, J uneteenth Celebration, the Association of Washington Cities (AW C) Conference, and Community Wellness discussions on D E I . Councilmember B rown reported he attended the P ride F lag raising at City Hall, and the Pride event at the Auburn F armers Market. Page 5 of 6Page 28 of 115 Councilmember B aggett reported on the upcoming Regional Transit Committee meeting. B .From the M ayor Mayor Backus reported she attended the 2023 I ntercity Study Mission in S an J ose with the Seattle Chamber of Commerce, met with Mayor of San Francisco, L ondon B reed, and discussed affordable housing options, homelessness, and substance abuse. S he attended the P ride event at the A uburn Famers Market, J uneteenth Celebration, and attended the 55th Class of Community Emergency Response Team (C E RT) Graduation. X V.AD J O URNM E NT There being no further business to come before the Council, the meeting was adjourned at 6:34 p.m. A P P R O V E D this 17th day of J uly, 2023. ____________________________ ____________________________ NA NC Y B A C K US, MAYO R Hannah Scholl, Deputy City Clerk Agendas and minutes are available to the public at the City Clerk's Office, on the City website (http://www.auburnwa.gov), and via e-mail. Complete agenda packets are available for review at the City Clerk's Office. Page 6 of 6Page 29 of 115 AGENDA BILL APPROVAL FORM Agenda Subject: Claims Vouchers (Thomas) Date: June 14, 2023 Department: Finance Attachments: No Attachments Av ailable Budget Impact: Current Budget: $0 Proposed Revision: $0 Revised Budget: $0 Administrativ e Recommendation: Approve Claim Vouchers. Background for Motion: Background Summary: Claims voucher list dated June 28, 2023 which includes voucher number 472377 through 472526, in the amount of $5,487,029.29, one electronic fund transfer in the amount of $38.99, and five wire transfers in the amount of $902,344.30. Claims voucher list dated July 12, 2023 which includes voucher number 472527 through 472829, in the amount of $1,327,349.79, two electronic fund transfers in the amount of $2,003.07, and three wire transfers in the amount of $779,107.34. Rev iewed by Council Committees: Councilmember:Baldwin Staff:Thomas Meeting Date:July 17, 2023 Item Number:CA.D Page 30 of 115 AGENDA BILL APPROVAL FORM Agenda Subject: Payroll Voucher (Thomas) Date: June 14, 2023 Department: Finance Attachments: No Attachments Av ailable Budget Impact: Current Budget: $0 Proposed Revision: $0 Revised Budget: $0 Administrativ e Recommendation: Background for Motion: Approve Payroll Vouchers. Background Summary: Payroll check numbers 539499 through 539501 in the amount of $734,755.83 electronic deposit transmissions in the amount of $2,419,773.96 for a grand total of $3,154,529.79 for the period covering June 15, 2023 to June 28, 2023. Payroll check numbers 539503 through 539507 in the amount of $77,525.26 electronic deposit transmissions in the amount of $2,731,096.70 for a grand total of $2,808,621.96 for the period covering June 29, 2023 to July 12, 2023. Rev iewed by Council Committees: Councilmember:Baldwin Staff:Thomas Meeting Date:July 17, 2023 Item Number:CA.E Page 31 of 115 AGENDA BILL APPROVAL FORM Agenda Subject: Ordinance No. 6911 (Thomas) Date: July 6, 2023 Department: Finance Attachments: Ordinance No. 6911 BA #2 Interoffice Memo Ordinance No. 6911 2023-2024 Budget Amendment No. 2 BA #2 Schedule A BA #2 Schedule B Budget Impact: Current Budget: $481,653,642.00 Proposed Revision: $12,359,913.00 Revised Budget: $494,013,555.00 Administrativ e Recommendation: City Council to adopt Ordinance No. 6911. Background for Motion: Ordinance No. 6911 is the second amendment to the City of Auburn’s 2023 adopted budget, and adjusts budgeted beginning fund balances, authorizes new expenditures offset by new revenues and includes limited requests for new expenditure authority. Background Summary: Ordinance No. 6911 (Budget Amendment #2) represents the second budget amendment for the 2023-2024 biennium. The second budget amendment of the biennium consists of adjustments to budgeted beginning fund balances, new expenditures offset by new revenues, and limited requests for new budget authority. For details, see that attached transmittal memorandum and supporting materials. Rev iewed by Council Committees: Councilmember:Baldwin Staff:Thomas Meeting Date:July 17, 2023 Item Number:ORD.A Page 32 of 115 Interoffice Memorandum To: City Council From: Jamie Thomas, Finance Director CC: Nancy Backus, Mayor Date: July 3, 2023 Re: Ordinance #6911 – 2023-2024 Budget Amendment #2 Budget Amendment #2 is the second amendment of the City of Auburn’s 2023-2024 biennial budget, and the second budget amendment for calendar year 2023. For details on specific requests to amend the 2023 budget, please refer to the accompanying Schedule A, Summary of 2023 Budget Adjustments by Fund. The main purpose of the second budget amendment of the year is to adjust budgeted 2023 beginning fund balances to match 2022 ending fund balances per accounting records at year end. City-wide 2023 budgeted beginning fund balances are adjusted by a net increase of $0.9 million. Additional items included in this amendment are a conversion of one part-time FTE to full-time, closure of the BIA Fund, acceptance and expenditure of new grants, funding adjustments, limited new fund costs not anticipated in the 2023 budget, and transfer dollars among funds to enable certain amendments. Adjust Budgeted Beginning Fund Balance: This amendment adjusts 2023 budgeted beginning fund balances to be equal to 2022 ending fund balances. Total adjustments by fund type are: • General Fund (Fund 001) $ 6,294,923 • Special Revenue Funds 398,519 • Debt Service Funds -202,529 • Capital Funds -2,545,105 • Enterprise Funds -3,251,870 • Other Funds 218,961 TOTAL $ 912,899 FTE Conversion: The Administration Department requests to reclassify one Multimedia Assistant position from 0.75 FTE to 1.0 FTE. The department has agreed to permanently reduce budget in other areas in order to fund this position, creating a net-zero impact to operating expenditures. The request is presented here for transparency and approval. Page 33 of 115 BIA Fund: The Business Improvement Area Fund was originally scheduled to be spent down and closed in 2024, with its activity moving to the General Fund. This timeline has been accelerated, and the fund will now be closed in 2023. This amendment requests an additional $45,941 in budget authority in order to spend down the BIA Fund’s remaining balance. Grants: New grants and grant adjustments in this budget amendment total $4,429,360 in revenues and $4,930,516 in associated expenditures, including: • General Fund (Fund 001) $ 30,200 • Arterial Street Fund (Fund 102) 560,000 • Arterial Street Preservation Fund (Fund 105)1 1,284,356 • Municipal Park Construction Fund (Fund 321) 50,000 • Capital Improvement Projects Fund (Fund 328)2 1,104,610 • Local Revitalization Fund (Fund 330) 1,598,650 • Storm Drainage Capital Fund (Fund 462)3 302,700 TOTAL $ 4,930,516 Funding Adjustments: Funding adjustment requests included in this budget amendment revise the revenue or expenditure authority for existing programs. Total expenditure funding adjustment requests net to $1,995,945, and include: • Increase budget for M&O Facility Improvements (upgrade electrical service and add light duty maintenance bays) $ 866,000 • Increase budget for C Street SW Preservation4 838,465 • Adjust fleet budget for prior year expenses 332,980 Carry forward water rights mitigation plan 230,000 • M&O Fuel Island Replacement 175,300 • Contribution of Affordable Housing Tax revenue to SKHHP 152,900 • Flock safety cameras and software for Police Department5 150,000 • Reallocate funding from Dykstra Footbridge to Arts & Culture Center6 100,000 • Increase budget for D Street SE/23rd Street SE Storm Improvements7 0 • Reschedule R Street SE Widening Project to future years (830,000) • Net other adjustments in this category (19,700) TOTAL $ 1,995,945 1 Includes Lea Hill Roundabout Project WSDOT grant and matching funds accelerated from 2024 to 2023. 2 Includes Lea Hill Safe Routes to Schools grant and matching funds accelerated from 2024 to 2023. 3 Includes unanticipated TIB grant for cp2102 4th Street Preservation. 4 This expenditure increase is mitigated by $288,465 in expected revenue from a pavement mitigation agreement with Icon Materials, lowering the net fund balance impact to $550,000. 5 This is a reallocation of funding from the ARPA-mitigated Cameras for Qualified Census Tracts project. This increase to the IT Operations Fund budget has an accompanying reduction in expense in the IT Capital Projects Fund. 6 This is a reallocation of funding from the ARPA-mitigated Dykstra Footbridge project. This increase to the Capital Improvements Fund budget has an accompanying reduction in expense in the Municipal Park Construction Fund. 7 This increase is offset by unanticipated grant revenue received for the 4 th Street preservation project, so has a net zero impact on expenditures. The $302,700 increase is presented in the Grants section. It is included here for transparency. Page 34 of 115 New Funding Requests: Requests for new funding included in this budget amendment add spending authority for new programs and unexpected expenditures. Total new funding requests equal $903,1008, and include: • SKHHP and Habitat for Humanity affordable homeownership project $ 300,000 • Utilize insurance recovery fund Auburn Avenue Theater rebuild 228,200 • Use of drug seizure funds to improve Auburn PD range 70,000 • Utilize insurance recovery to fund replacement of public art stolen from Centennial Park 55,900 • National Opioid Settlement funding 52,000 • 2024 Comprehensive Transportation Plan update 50,000 • Police supernumerary position fully reimbursed by Criminal Justice Training Center9 0 TOTAL $ 756,100 Transfers: Transfers between funds to accomplish specific budget amendment requests total $4,859,180. The following table summarizes the current and revised budget as a result of this amendment. Table 1: 2023 Budget as Amended 2023 Amended Budget $ 481,653,642 Budget Amendment #2 (Ord #6911) 12,359,913 Budget as Amended $494,013,555 Attachments: ❖ 1. Proposed Ordinance #6911 (budget adjustment #2) ❖ 2. Summary of proposed 2023 budget adjustments by fund and department (Schedule A) ❖ 3. Summary of proposed changes to adopted 2023 budget by fund (Schedule B) 8 The SKHHP homeownership project is recognized as a $300,000 expense in both the General Fund and SKHHP agency Fund for accounting purposes, but is only presented here once. 9 Funding for one Officer to be assigned to CJTC for a 3 -year duration. The reimbursement received for the Officer’s costs will be used to fund a supernumerary position to backfill the Officer assigne d to CJTC. No additional expenditure authority is authorized by this amendment, as supernumerary positions are not budgeted. Page 35 of 115 ------------------------- Ordinance No. 6911 June 28, 2023 Page 1 of 2 ORDINANCE NO. 6911 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AMENDING ORDINANCE NO. 6879, THE 2023-2024 BIENNIAL OPERATING BUDGET ORDINANCE, AND ORDINANCE NO. 6888, THE 2023-2024 BIENNIAL CAPITAL BUDET, AUTHORIZING AMENDMENT TO THE CITY OF AUBURN 2023-2024 BUDGET AS SET FORTH IN SCHEDULE “A” AND SCHEDULE “B” WHEREAS, the Auburn City Council at its regular meeting of November 21, 2022, adopted Ordinances No. 6879 and 6888 which adopted the City of Auburn 2023-2024 Biennial budget; and WHEREAS, the Auburn City Council at its regular meeting of April 14, 2023, adopted Ordinance No. 6900 (BA#1), which amended Ordinances No. 6879 and 6888 which adopted the City of Auburn 2023-2024 biennial budget; and WHEREAS, the City of Auburn deems it necessary to appropriate additional funds to the various funds of the 2023 budget as outlined in this Ordinance (BA#2); and WHEREAS, this Ordinance has been approved by one more than the majority of all councilpersons in accordance with RCW 35A.34.200. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON DO ORDAIN AS FOLLOWS: Section 1. Amendment of the 2023-2024 Biennial Budget. The 2023- 2024 Biennial Budget of the City of Auburn is amended pursuant to Chapter 35A.34 RCW, to reflect the revenues and expenditures as shown on Schedule “A” attached hereto and incorporated herein by reference. The Mayor of the City of Auburn, Page 36 of 115 ------------------------- Ordinance No. 6911 June 28, 2023 Page 2 of 2 Washington is hereby authorized to utilize revenue and expenditure amounts shown on said Schedule “A” and Schedule “B”. A copy of said Schedule “A” and Schedule “B” is on file with the City Clerk and available for public inspection. Section 2. Implementation. The Mayor is authorized to implement those administrative procedures necessary to carry out the directives of this legislation. Section 3. Severability. The provisions of this ordinance are declared to be separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance, or the invalidity of the application of it to any person or circumstance, will not affect the validity of the remainder of this ordinance, or the validity of its application to other persons or circumstances. Section 4. Effective date. This Ordinance will take effect and be in force five days from and after its passage, approval, and publication as provided by law. INTRODUCED: PASSED: APPROVED: ____________________________ NANCY BACKUS, MAYOR ATTEST: APPROVED AS TO FORM: ____________________________ ____________________________ Shawn Campbell, MMC, City Clerk City Attorney Published: ___________________ Page 37 of 115 Schedule A Summary of 2023 Budget Adjustments by Fund Budget Amendment #2 (Ordinance #6911) AE AF AG AH Beg. Fund Balance Revenues Expenditures Ending Fund Balance OT/OG Req No General Fund (#001) 2023 Adopted Budget 16,428,633 91,190,426 98,143,349 9,475,710 Previous Budget Amendments 2,424,406 3,632,518 6,163,074 (106,150) 2023 Amended Budget 18,853,039 94,822,944 104,306,423 9,369,560 BA#2 (Ordinance #6911, Proposed):6,294,923 2,658,100 2,791,100 6,161,923 Administration: EMPG ARPA Funds - 15,200 15,200 - OT 001-01 Human Resources: HR Safety App/Dashboard - - 50,000 (50,000) OT 001-02 City Attorney's Office: National Opioid Settlement - 52,000 52,000 - OT 001-03 Community Development: SKHHP Habitat for Humanity Project - 300,000 300,000 - OG 001-04 SKHHP Affordable Housing Tax Revenue - - 152,900 (152,900) OG 001-05 Police Department: Move Vehicle Equipment Budget to PD - 58,000 58,000 - OT 001-06 Supernumerary position for Academy TAC Officer - 147,000 - 147,000 OG 001-12 Public Works Department: 2024 Comprehensive Transportation Plan - - 50,000 (50,000) OT 001-07 Parks Department: King County Grant - Recreation - 15,000 15,000 - OT 001-08 Public Art Replacement - 55,900 55,900 - OT 001-09 Non Departmental: Adjust Beginning Balances 6,294,923 - - 6,294,923 OT 001-10 Reclassify F106 Transfers - 2,015,000 2,015,000 - OT 001-11 Flock Safety Cameras - - - - OG 001-13 Cp1612 - Auburn Arts & Culture Ctr. Renovation - - - - OT 001-14 Equipment Rental Capital Reimbursements - - 27,100 (27,100) OT 001-15 Revised 2023 Budget - Fund 001 25,147,962 97,481,044 107,097,523 15,531,483 Page 1 of 13 7/5/2023 12:54 PMPage 38 of 115 Schedule A Summary of 2023 Budget Adjustments by Fund Budget Amendment #2 (Ordinance #6911) AE AF AG AH Beg. Fund Balance Revenues Expenditures Ending Fund Balance OT/OG Req No Arterial Street Fund (#102) 2023 Adopted Budget 965,783 9,085,192 9,360,894 690,081 Previous Budget Amendments 898,237 6,459,803 7,358,040 - 2023 Amended Budget 1,864,020 15,544,995 16,718,934 690,081 BA#2 (Ordinance #6911, Proposed):486,136 (245,100) (205,000) 446,036 Adjust Beginning Balances 486,136 - - 486,136 102-01 F St SE Non-Motorized Imp.- - 65,000 (65,000) 102-02 R St SE/29th St SE Imp. - cp2116 - (830,000) (830,000) - 102-03 2022 Arterial Ped & Bike Safety - 24,900 - 24,900 102-04 R St SE/ 21st St SE Roundabout - - - - 102-05 Lea Hill Rd/104th Ave SE Imp.- 560,000 560,000 - 102-06 Revised 2023 Budget - Fund 102 2,350,156 15,299,895 16,513,934 1,136,117 Local Street Fund (#103) 2023 Adopted Budget 1,932,689 2,598,000 2,036,300 2,494,389 Previous Budget Amendments 937,353 1,261,108 2,195,661 2,800 2023 Amended Budget 2,870,042 3,859,108 4,231,961 2,497,189 BA#2 (Ordinance #6911, Proposed):493,454 - - 493,454 Adjust Beginning Balances 493,454 - - 493,454 OT 103-01 Reclassify F106 Transfers - - - - OT 103-02 Revised 2023 Budget - Fund 103 3,363,496 3,859,108 4,231,961 2,990,643 Hotel/Motel Tax Fund (#104) 2023 Adopted Budget 480,179 143,900 177,100 446,979 Previous Budget Amendments - - 8,000 (8,000) 2023 Amended Budget 480,179 143,900 185,100 438,979 BA#2 (Ordinance #6911, Proposed):(15,880) - - (15,880) Adjust Beginning Balances (15,880) - - (15,880) OT 104-01 Revised 2023 Budget - Fund 104 464,299 143,900 185,100 423,099 Page 2 of 13 7/5/2023 12:54 PMPage 39 of 115 Schedule A Summary of 2023 Budget Adjustments by Fund Budget Amendment #2 (Ordinance #6911) AE AF AG AH Beg. Fund Balance Revenues Expenditures Ending Fund Balance OT/OG Req No Arterial Street Preservation Fund (#105) 2023 Adopted Budget 2,699,358 4,041,772 4,100,000 2,641,130 Previous Budget Amendments 1,950,254 763,876 2,714,130 - 2023 Amended Budget 4,649,612 4,805,648 6,814,130 2,641,130 BA#2 (Ordinance #6911, Proposed):(611,342) 1,038,465 2,122,821 (1,695,698) Adjust Beginning Balances (611,342) - - (611,342) OT 105-01 C Street SW Preservation - 288,465 838,465 (550,000) OT 105-02 Lake Tapps Pkwy/Sumner Hwy - 750,000 1,284,356 (534,356) OT 105-03 Revised 2023 Budget - Fund 105 4,038,270 5,844,113 8,936,951 945,432 American Rescue Plan Act Fund Fund (#106) 2023 Adopted Budget - 4,030,000 4,030,000 - Previous Budget Amendments - 3,057,286 3,057,286 - 2023 Amended Budget - 7,087,286 7,087,286 - BA#2 (Ordinance #6911, Proposed):- - - - Reclassify F106 Transfers - - - - OT 106-01 Revised 2023 Budget - Fund 106 - 7,087,286 7,087,286 - Drug Forfeiture Fund (#117) 2023 Adopted Budget 857,236 148,000 392,671 612,565 Previous Budget Amendments - - - - 2023 Amended Budget 857,236 148,000 392,671 612,565 BA#2 (Ordinance #6911, Proposed):279,779 - 70,000 209,779 Adjust Beginning Balances 279,779 - - 279,779 OT 117-01 Range Improvements - - 70,000 (70,000) OT 117-02 Revised 2023 Budget - Fund 117 1,137,015 148,000 462,671 822,344 Housing & Comm Develop Fund (#119) 2023 Adopted Budget 42,842 650,000 650,000 42,842 Previous Budget Amendments - 366,330 366,330 - 2023 Amended Budget 42,842 1,016,330 1,016,330 42,842 BA#2 (Ordinance #6911, Proposed):62 - - 62 Adjust Beginning Balances 62 - - 62 OT 119-01 Revised 2023 Budget - Fund 119 42,904 1,016,330 1,016,330 42,904 Page 3 of 13 7/5/2023 12:54 PMPage 40 of 115 Schedule A Summary of 2023 Budget Adjustments by Fund Budget Amendment #2 (Ordinance #6911) AE AF AG AH Beg. Fund Balance Revenues Expenditures Ending Fund Balance OT/OG Req No Recreation Trails Fund (#120) 2023 Adopted Budget 95,845 7,100 - 102,945 Previous Budget Amendments - - 66,210 (66,210) 2023 Amended Budget 95,845 7,100 66,210 36,735 BA#2 (Ordinance #6911, Proposed):1,324 - - 1,324 Adjust Beginning Balances 1,324 - - 1,324 OT 120-01 Revised 2023 Budget - Fund 120 97,169 7,100 66,210 38,059 BIA Fund (#121) 2023 Adopted Budget 97,502 - 90,000 7,502 Previous Budget Amendments - - - - 2023 Amended Budget 97,502 - 90,000 7,502 BA#2 (Ordinance #6911, Proposed):38,439 - 45,941 (7,502) Adjust Beginning Balances 38,439 - - 38,439 OT 121-01 BIA Fund Closeout - - 45,941 (45,941) OT 121-02 Revised 2023 Budget - Fund 121 135,941 - 135,941 0 Cumulative Reserve Fund (#122) 2023 Adopted Budget 30,713,551 80,000 1,391,450 29,402,101 Previous Budget Amendments 27,000 - 27,000 - 2023 Amended Budget 30,740,551 80,000 1,418,450 29,402,101 BA#2 (Ordinance #6911, Proposed):(148,110) - 500,000 (648,110) Adjust Beginning Balances (148,110) - - (148,110) OT 122-01 Move Vehicle Equipment Budget to PD - - - - OT 122-02 M&O Facility Improvement - - 500,000 (500,000) OT 122-03 Revised 2023 Budget - Fund 122 30,592,441 80,000 1,918,450 28,753,991 Page 4 of 13 7/5/2023 12:54 PMPage 41 of 115 Schedule A Summary of 2023 Budget Adjustments by Fund Budget Amendment #2 (Ordinance #6911) AE AF AG AH Beg. Fund Balance Revenues Expenditures Ending Fund Balance OT/OG Req No Mitigation Fees Fund (#124) 2023 Adopted Budget 10,976,167 1,601,200 7,043,982 5,533,385 Previous Budget Amendments 4,998,798 - 5,348,798 (350,000) 2023 Amended Budget 15,974,965 1,601,200 12,392,780 5,183,385 BA#2 (Ordinance #6911, Proposed):(125,343) - (931,000) 805,657 Adjust Beginning Balances (125,343) - - (125,343) OT 124-01 R St SE/29th St SE Imp. - cp2116 - - (830,000) 830,000 OT 124-02 R St SE/ 21st St SE Roundabout - - (185,000) 185,000 OT 124-03 Lea Hill Rd/104th Ave SE Imp.- - 84,000 (84,000) OT 124-04 Revised 2023 Budget - Fund 124 15,849,622 1,601,200 11,461,780 5,989,042 2020 LTGO A&B Refunding Bonds Fund (#232) 2023 Adopted Budget 662,707 1,507,600 1,507,600 662,707 Previous Budget Amendments - - - - 2023 Amended Budget 662,707 1,507,600 1,507,600 662,707 BA#2 (Ordinance #6911, Proposed):(202,544) - - (202,544) Adjust Beginning Balances (202,544) - - (202,544) OT 232-01 Revised 2023 Budget - Fund 232 460,163 1,507,600 1,507,600 460,163 LID Guarantee Fund (#249) 2023 Adopted Budget 1,687 10 - 1,697 Previous Budget Amendments - - - - 2023 Amended Budget 1,687 10 - 1,697 BA#2 (Ordinance #6911, Proposed):15 - - 15 Adjust Beginning Balances 15 - - 15 OT 249-01 Revised 2023 Budget - Fund 249 1,702 10 - 1,712 Page 5 of 13 7/5/2023 12:54 PMPage 42 of 115 Schedule A Summary of 2023 Budget Adjustments by Fund Budget Amendment #2 (Ordinance #6911) AE AF AG AH Beg. Fund Balance Revenues Expenditures Ending Fund Balance OT/OG Req No Parks Construction Fund (#321) 2023 Adopted Budget 816,504 1,545,100 1,347,800 1,013,804 Previous Budget Amendments 542,340 1,070,503 1,746,333 (133,490) 2023 Amended Budget 1,358,844 2,615,603 3,094,133 880,314 BA#2 (Ordinance #6911, Proposed):2,616 (50,000) (12,400) (34,984) Adjust Beginning Balances 2,616 - - 2,616 OT 321-01 Reclassify F106 Transfers - - - - OT 321-02 Fulmer Park Playground Replacement - - 37,600 (37,600) OT 321-03 Grant for Auburndale Park - 50,000 50,000 - OT 321-04 Cp1612 - Auburn Arts & Culture Ctr. Renovation - (100,000) (100,000) - OT 321-05 Revised 2023 Budget - Fund 321 1,361,460 2,565,603 3,081,733 845,330 Capital Improvements Fund (#328) 2023 Adopted Budget 13,078,556 6,833,300 6,320,700 13,591,156 Previous Budget Amendments 5,608,124 4,459,499 10,127,623 (60,000) 2023 Amended Budget 18,686,680 11,292,799 16,448,323 13,531,156 BA#2 (Ordinance #6911, Proposed):(2,552,310) 1,045,810 1,204,610 (2,711,110) Adjust Beginning Balances (2,552,310) - - (2,552,310) OT 328-01 Reclassify F106 Transfers - - - - OT 328-02 Lea Hill SRTS project - (22,250) 136,550 (158,800) OT 328-03 WA St Heritage Grant -cp1612 - 968,060 968,060 - OT 328-04 Cp1612 - Auburn Arts & Culture Ctr. Renovation - 100,000 100,000 - OT 328-05 Revised 2023 Budget - Fund 328 16,134,370 12,338,609 17,652,933 10,820,046 Local Revitalization Fund (#330) 2023 Adopted Budget 245,831 256,200 500,000 2,031 Previous Budget Amendments 22,399 376,400 398,799 - 2023 Amended Budget 268,230 632,600 898,799 2,031 BA#2 (Ordinance #6911, Proposed):4,589 1,826,850 1,826,850 4,589 Adjust Beginning Balances 4,589 - - 4,589 OT 330-01 Reclassify F106 Transfers - - - - OT 330-02 CIP Auburn Avenue Theater – Insurance Recovery - 228,200 228,200 - OT 330-03 WA St Dir. Appropriation-cp2321 - 1,498,650 1,498,650 - OT 330-04 Auburn Ave Theater -KC Grant - 100,000 100,000 - OT 330-05 Revised 2023 Budget - Fund 330 272,819 2,459,450 2,725,649 6,620 Page 6 of 13 7/5/2023 12:54 PMPage 43 of 115 Schedule A Summary of 2023 Budget Adjustments by Fund Budget Amendment #2 (Ordinance #6911) AE AF AG AH Beg. Fund Balance Revenues Expenditures Ending Fund Balance OT/OG Req No Water Fund (#430) 2023 Adopted Budget 10,210,632 20,513,410 24,485,990 6,238,052 Previous Budget Amendments 1,616,718 700,000 2,316,718 - 2023 Amended Budget 11,827,350 21,213,410 26,802,708 6,238,052 BA#2 (Ordinance #6911, Proposed):161,751 - 2,430,000 (2,268,249) Adjust Beginning Balances 161,751 - - 161,751 OT 430-01 Transfer from Water Fund to Water Capital Fund - - 2,200,000 (2,200,000) OT 430-02 Water Rights Mitigation Plan - - 230,000 (230,000) OT 430-03 Revised 2023 Budget - Fund 430 11,989,101 21,213,410 29,232,708 3,969,803 Sewer Fund (#431) 2023 Adopted Budget 9,299,995 9,573,200 10,346,701 8,526,494 Previous Budget Amendments 565,640 - 565,640 - 2023 Amended Budget 9,865,635 9,573,200 10,912,341 8,526,494 BA#2 (Ordinance #6911, Proposed):2,373,387 - - 2,373,387 Adjust Beginning Balances 2,373,387 - - 2,373,387 OT 431-01 Revised 2023 Budget - Fund 431 12,239,022 9,573,200 10,912,341 10,899,881 Storm Drainage Fund (#432) 2023 Adopted Budget 12,957,725 11,087,600 10,729,632 13,315,693 Previous Budget Amendments 586,240 - 586,240 - 2023 Amended Budget 13,543,965 11,087,600 11,315,872 13,315,693 BA#2 (Ordinance #6911, Proposed):589,087 - - 589,087 Adjust Beginning Balances 589,087 - - 589,087 OT 432-01 Revised 2023 Budget - Fund 432 14,133,052 11,087,600 11,315,872 13,904,780 Sewer Metro Sub Fund Fund (#433) 2023 Adopted Budget 3,328,134 20,613,900 20,586,400 3,355,634 Previous Budget Amendments - - - - 2023 Amended Budget 3,328,134 20,613,900 20,586,400 3,355,634 BA#2 (Ordinance #6911, Proposed):909,796 - - 909,796 Adjust Beginning Balances 909,796 - - 909,796 OT 433-01 Revised 2023 Budget - Fund 433 4,237,930 20,613,900 20,586,400 4,265,430 Page 7 of 13 7/5/2023 12:54 PMPage 44 of 115 Schedule A Summary of 2023 Budget Adjustments by Fund Budget Amendment #2 (Ordinance #6911) AE AF AG AH Beg. Fund Balance Revenues Expenditures Ending Fund Balance OT/OG Req No Solid Waste Fund (#434) 2023 Adopted Budget 2,135,607 26,646,830 26,533,984 2,248,453 Previous Budget Amendments - - - - 2023 Amended Budget 2,135,607 26,646,830 26,533,984 2,248,453 BA#2 (Ordinance #6911, Proposed):566,164 - - 566,164 Adjust Beginning Balances 566,164 - - 566,164 OT 434-01 Revised 2023 Budget - Fund 434 2,701,771 26,646,830 26,533,984 2,814,617 Airport Fund (#435) 2023 Adopted Budget 601,969 1,653,800 1,988,188 267,581 Previous Budget Amendments 968,496 - 968,496 - 2023 Amended Budget 1,570,465 1,653,800 2,956,684 267,581 BA#2 (Ordinance #6911, Proposed):218,329 - 173,080 45,249 Adjust Beginning Balances 218,329 - - 218,329 OT 435-01 Fund Balance Transfer from Operating to Capital - - 173,080 (173,080) OT 435-02 Revised 2023 Budget - Fund 435 1,788,794 1,653,800 3,129,764 312,830 Cemetery Fund (#436) 2023 Adopted Budget 1,812,215 1,432,300 2,308,402 936,113 Previous Budget Amendments - - - - 2023 Amended Budget 1,812,215 1,432,300 2,308,402 936,113 BA#2 (Ordinance #6911, Proposed):(160,795) - - (160,795) Adjust Beginning Balances (160,795) - - (160,795) OT 436-01 Revised 2023 Budget - Fund 436 1,651,420 1,432,300 2,308,402 775,318 Water Capital Fund (#460) 2023 Adopted Budget 3,321,676 10,752,092 13,041,560 1,032,208 Previous Budget Amendments 4,991,035 2,002,363 6,993,398 - 2023 Amended Budget 8,312,711 12,754,455 20,034,958 1,032,208 BA#2 (Ordinance #6911, Proposed):(2,207,912) 2,200,000 - (7,912) Adjust Beginning Balances (2,207,912) - - (2,207,912) OT 460-01 Transfer from Water Fund to Water Capital Fund - 2,200,000 - 2,200,000 OT 460-02 Well Insp. & Redevelopment-wabd11 - - - - OT 460-03 Revised 2023 Budget - Fund 460 6,104,799 14,954,455 20,034,958 1,024,296 Page 8 of 13 7/5/2023 12:54 PMPage 45 of 115 Schedule A Summary of 2023 Budget Adjustments by Fund Budget Amendment #2 (Ordinance #6911) AE AF AG AH Beg. Fund Balance Revenues Expenditures Ending Fund Balance OT/OG Req No Sewer Capital Fund (#461) 2023 Adopted Budget 8,687,557 377,200 5,992,500 3,072,257 Previous Budget Amendments 3,122,956 - 3,122,956 - 2023 Amended Budget 11,810,513 377,200 9,115,456 3,072,257 BA#2 (Ordinance #6911, Proposed):(1,189,867) - - (1,189,867) Adjust Beginning Balances (1,189,867) - - (1,189,867) OT 461-01 Revised 2023 Budget - Fund 461 10,620,646 377,200 9,115,456 1,882,390 Storm Drainage Capital Fund (#462) 2023 Adopted Budget 7,744,442 536,200 6,713,394 1,567,248 Previous Budget Amendments 2,892,429 10,000 2,902,429 - 2023 Amended Budget 10,636,871 546,200 9,615,823 1,567,248 BA#2 (Ordinance #6911, Proposed):(1,411,054) 302,700 452,700 (1,561,054) Adjust Beginning Balances (1,411,054) - - (1,411,054) OT 462-01 CP2102 – 4th St Preservation - 302,700 - 302,700 OT 462-02 D St SE /23rd St SE Storm Imp - - 302,700 (302,700) OT 462-03 Equipment Rental Capital Reimbursements - - 150,000 (150,000) OT 462-04 Revised 2023 Budget - Fund 462 9,225,817 848,900 10,068,523 6,194 Airport Capital Fund (#465) 2023 Adopted Budget 311,215 4,000,755 4,238,390 73,580 Previous Budget Amendments 100,000 2,226,283 2,326,283 - 2023 Amended Budget 411,215 6,227,038 6,564,673 73,580 BA#2 (Ordinance #6911, Proposed):(173,080) 173,080 - - Adjust Beginning Balances (173,080) - - (173,080) OT 465-01 Fund Balance Transfer from Operating to Capital - 173,080 - 173,080 OT 465-02 Revised 2023 Budget - Fund 465 238,135 6,400,118 6,564,673 73,580 Page 9 of 13 7/5/2023 12:54 PMPage 46 of 115 Schedule A Summary of 2023 Budget Adjustments by Fund Budget Amendment #2 (Ordinance #6911) AE AF AG AH Beg. Fund Balance Revenues Expenditures Ending Fund Balance OT/OG Req No Cemetery Capital Fund (#466) 2023 Adopted Budget 7,184 355,100 355,050 7,234 Previous Budget Amendments - - - - 2023 Amended Budget 7,184 355,100 355,050 7,234 BA#2 (Ordinance #6911, Proposed):5,106 - - 5,106 Adjust Beginning Balances 5,106 - - 5,106 OT 466-01 Revised 2023 Budget - Fund 466 12,290 355,100 355,050 12,340 Insurance Fund (#501) 2023 Adopted Budget 1,710,775 12,000 182,500 1,540,275 Previous Budget Amendments - - - - 2023 Amended Budget 1,710,775 12,000 182,500 1,540,275 BA#2 (Ordinance #6911, Proposed):(221,809) - - (221,809) Adjust Beginning Balances (221,809) - - (221,809) OT 501-01 Revised 2023 Budget - Fund 501 1,488,966 12,000 182,500 1,318,466 Workers' Comp Fund (#503) 2023 Adopted Budget 3,102,720 1,144,900 750,700 3,496,920 Previous Budget Amendments - - - - 2023 Amended Budget 3,102,720 1,144,900 750,700 3,496,920 BA#2 (Ordinance #6911, Proposed):(189,205) - - (189,205) Adjust Beginning Balances (189,205) - - (189,205) OT 503-01 Revised 2023 Budget - Fund 503 2,913,515 1,144,900 750,700 3,307,715 Facilities Fund (#505) 2023 Adopted Budget 415,868 4,683,900 4,731,374 368,394 Previous Budget Amendments 96,225 141,000 237,225 - 2023 Amended Budget 512,093 4,824,900 4,968,599 368,394 BA#2 (Ordinance #6911, Proposed):(188,926) - - (188,926) Adjust Beginning Balances (188,926) - - (188,926) OT 505-01 Revised 2023 Budget - Fund 505 323,167 4,824,900 4,968,599 179,468 Page 10 of 13 7/5/2023 12:54 PMPage 47 of 115 Schedule A Summary of 2023 Budget Adjustments by Fund Budget Amendment #2 (Ordinance #6911) AE AF AG AH Beg. Fund Balance Revenues Expenditures Ending Fund Balance OT/OG Req No Innovation & Technology Fund (#518) 2023 Adopted Budget 3,155,085 9,046,000 9,173,835 3,027,250 Previous Budget Amendments 280,000 - 280,000 - 2023 Amended Budget 3,435,085 9,046,000 9,453,835 3,027,250 BA#2 (Ordinance #6911, Proposed):(368,389) 150,000 650,000 (868,389) Adjust Beginning Balances (368,389) - - (368,389) OT 518-01 Flock Safety Cameras - 150,000 150,000 - OG 518-02 Transfer from IT operations to capital - - 500,000 (500,000) OT 518-03 Multimedia Assistant Reclass - - - - OG 518-04 Revised 2023 Budget - Fund 518 3,066,696 9,196,000 10,103,835 2,158,861 Equipment Rental Fund (#550) 2023 Adopted Budget 1,769,286 3,527,200 3,564,826 1,731,660 Previous Budget Amendments - - - - 2023 Amended Budget 1,769,286 3,527,200 3,564,826 1,731,660 BA#2 (Ordinance #6911, Proposed):229,180 - - 229,180 Adjust Beginning Balances 229,180 - - 229,180 OT 550-01 M&O Facility Improvement - - - - OT 550-02 Revised 2023 Budget - Fund 550 1,998,466 3,527,200 3,564,826 1,960,840 Equipment Rental Capital Fund (#560) 2023 Adopted Budget 4,508,173 3,470,540 3,096,120 4,882,593 Previous Budget Amendments 2,636,560 2,014,945 4,651,505 - 2023 Amended Budget 7,144,733 5,485,485 7,747,625 4,882,593 BA#2 (Ordinance #6911, Proposed):(1,604,514) 985,100 1,316,280 (1,935,694) Adjust Beginning Balances (1,604,514) - - (1,604,514) OT 560-01 Move Vehicle Equipment Budget to PD - (58,000) (58,000) - OT 560-02 Equipment Rental Capital Reimbursements - 177,100 332,980 (155,880) OT 560-03 M&O Fuel Island Replacement - - 175,300 (175,300) OT 560-04 M&O Facility Improvement - 866,000 866,000 - OT 560-05 Revised 2023 Budget - Fund 560 5,540,219 6,470,585 9,063,905 2,946,899 Page 11 of 13 7/5/2023 12:54 PMPage 48 of 115 Schedule A Summary of 2023 Budget Adjustments by Fund Budget Amendment #2 (Ordinance #6911) AE AF AG AH Beg. Fund Balance Revenues Expenditures Ending Fund Balance OT/OG Req No IT Capital Fund (#568) 2023 Adopted Budget 237,354 674,700 585,300 326,754 Previous Budget Amendments 464,000 264,000 715,500 12,500 2023 Amended Budget 701,354 938,700 1,300,800 339,254 BA#2 (Ordinance #6911, Proposed):(589,119) 350,000 (150,000) (89,119) Adjust Beginning Balances (589,119) - - (589,119) OT 568-01 Flock Safety Cameras - (150,000) (150,000) - OG 568-02 Transfer from IT operations to capital - 500,000 - 500,000 OT 568-03 Revised 2023 Budget - Fund 568 112,235 1,288,700 1,150,800 250,135 Fire Pension Fund (#611) 2023 Adopted Budget 1,790,627 103,600 196,256 1,697,971 Previous Budget Amendments - - - - 2023 Amended Budget 1,790,627 103,600 196,256 1,697,971 BA#2 (Ordinance #6911, Proposed):99,905 - - 99,905 Adjust Beginning Balances 99,905 - - 99,905 OT 611-01 Revised 2023 Budget - Fund 611 1,890,532 103,600 196,256 1,797,876 SKHHP Fund (#654) 2023 Adopted Budget 1,668,893 297,400 366,475 1,599,818 Previous Budget Amendments - 66,612 54,828 11,784 2023 Amended Budget 1,668,893 364,012 421,303 1,611,602 BA#2 (Ordinance #6911, Proposed):76,098 1,012,009 300,000 788,107 Adjust Beginning Balances 76,098 - - 76,098 OT 654-01 SKHHP Habitat for Humanity Project - - 300,000 (300,000) OG 654-02 SKHHP Housing Capital Fund Revenue - 1,012,009 - 1,012,009 OT 654-03 Revised 2023 Budget - Fund 654 1,744,991 1,376,021 721,303 2,399,709 Cemetery Endowment Fund (#701) 2023 Adopted Budget 2,158,347 64,130 - 2,222,477 Previous Budget Amendments - - - - 2023 Amended Budget 2,158,347 64,130 - 2,222,477 BA#2 (Ordinance #6911, Proposed):42,958 - - 42,958 Adjust Beginning Balances 42,958 - - 42,958 OT 701-01 Revised 2023 Budget - Fund 701 2,201,305 64,130 - 2,265,435 Page 12 of 13 7/5/2023 12:54 PMPage 49 of 115 Schedule A Summary of 2023 Budget Adjustments by Fund Budget Amendment #2 (Ordinance #6911) AE AF AG AH Beg. Fund Balance Revenues Expenditures Ending Fund Balance OT/OG Req No Grand Total - All Funds 2023 Adopted Budget 161,030,549 256,021,357 288,796,223 128,255,683 Previous Budget Amendments 35,729,210 28,872,526 65,298,502 (696,766) 2023 Amended Budget 196,759,759 284,893,883 354,094,725 127,558,917 TOTAL BA#2 (Ordinance #6911, Proposed):912,899 11,447,014 12,584,982 (225,069) Revised 2023 Budget 197,672,658 296,340,897 366,679,707 127,333,848 494,013,555 494,013,555 Page 13 of 13 7/5/2023 12:54 PMPage 50 of 115 Schedule B 2023 Ending Fund Balance/Working Capital by Fund Fund 2023 Amended Beginning Balance 2023 Amended Ending Balance BA#2 (ORD #6911) Revenues BA#2 (ORD #6911) Expenditures BA#2 (ORD #6911) Net Change in Fund Balance Revised Ending Balance General Fund (#001)18,853,039 9,369,560 8,953,023 (2,791,100) 6,161,923 15,531,483 Arterial Street Fund (#102)1,864,020 690,081 241,036 205,000 446,036 1,136,117 Local Street Fund (#103)2,870,042 2,497,189 493,454 - 493,454 2,990,643 Hotel/Motel Tax Fund (#104)480,179 438,979 (15,880) - (15,880) 423,099 Arterial Street Preservation Fund (#105)4,649,612 2,641,130 427,123 (2,122,821) (1,695,698) 945,432 American Rescue Plan Act Fund (#106)- - - - - - Drug Forfeiture Fund (#117)857,236 612,565 279,779 (70,000) 209,779 822,344 Housing & Comm Develop Fund (#119)42,842 42,842 62 - 62 42,904 Recreation Trails Fund (#120)95,845 36,735 1,324 - 1,324 38,059 BIA Fund (#121)97,502 7,502 38,439 (45,941) (7,502) 0 Cumulative Reserve Fund (#122)30,740,551 29,402,101 (148,110) (500,000) (648,110) 28,753,991 Mitigation Fees Fund (#124)15,974,965 5,183,385 (125,343) 931,000 805,657 5,989,042 2020 LTGO A&B Refunding Bonds Fund (#232)662,707 662,707 (202,544) - (202,544) 460,163 SCORE Debt Service Fund (#238)- - - - - - LID Guarantee Fund (#249)1,687 1,697 15 - 15 1,712 Parks Construction Fund (#321)1,358,844 880,314 (47,384) 12,400 (34,984) 845,330 Capital Improvements Fund (#328)18,686,680 13,531,156 (1,506,500) (1,204,610) (2,711,110) 10,820,046 Local Revitalization Fund (#330)268,230 2,031 1,831,439 (1,826,850) 4,589 6,620 Water Fund (#430)11,827,350 6,238,052 161,751 (2,430,000) (2,268,249) 3,969,803 Sewer Fund (#431)9,865,635 8,526,494 2,373,387 - 2,373,387 10,899,881 Storm Drainage Fund (#432)13,543,965 13,315,693 589,087 - 589,087 13,904,780 Sewer Metro Sub Fund (#433)3,328,134 3,355,634 909,796 - 909,796 4,265,430 Solid Waste Fund (#434)2,135,607 2,248,453 566,164 - 566,164 2,814,617 Airport Fund (#435)1,570,465 267,581 218,329 (173,080) 45,249 312,830 Cemetery Fund (#436)1,812,215 936,113 (160,795) - (160,795) 775,318 Water Capital Fund (#460)8,312,711 1,032,208 (7,912) - (7,912) 1,024,296 Sewer Capital Fund (#461)11,810,513 3,072,257 (1,189,867) - (1,189,867) 1,882,390 Storm Drainage Capital Fund (#462)10,636,871 1,567,248 (1,108,354) (452,700) (1,561,054) 6,194 Airport Capital Fund (#465)411,215 73,580 - - - 73,580 Cemetery Capital Fund (#466)7,184 7,234 5,106 - 5,106 12,340 Insurance Fund (#501)1,710,775 1,540,275 (221,809) - (221,809) 1,318,466 Workers' Comp Fund (#503)3,102,720 3,496,920 (189,205) - (189,205) 3,307,715 Facilities Fund (#505)512,093 368,394 (188,926) - (188,926) 179,468 Innovation & Technology Fund (#518)3,435,085 3,027,250 (218,389) (650,000) (868,389) 2,158,861 Equipment Rental Fund (#550)1,769,286 1,731,660 229,180 - 229,180 1,960,840 Equipment Rental Capital Fund (#560)7,144,733 4,882,593 (619,414) (1,316,280) (1,935,694) 2,946,899 IT Capital Fund (#568)701,354 339,254 (239,119) 150,000 (89,119) 250,135 Fire Pension Fund (#611)1,790,627 1,697,971 99,905 - 99,905 1,797,876 SKHHP Fund (#654)1,668,893 1,611,602 1,088,107 (300,000) 788,107 2,399,709 Cemetery Endowment Fund (#701)2,158,347 2,222,477 42,958 - 42,958 2,265,435 Total 196,759,759 127,558,917 12,359,913 (12,584,982) (225,069) 127,333,848 Page 51 of 115 AGENDA BILL APPROVAL FORM Agenda Subject: Ordinance No. 6912 (Thomas) Date: July 5, 2023 Department: Finance Attachments: Ordinance 6912 Auburn Wholes ale Rate update 2023 Exhibit A - Auburn Wholes ale Water Rates 13- 06-360 Memorandum Auburn Wholes ale Water Rate Budget Impact: Administrativ e Recommendation: City Council to adopt Ordinance No. 6912. Background for Motion: This Ordinance amends Ordinance 6883 and adjusts the City of Auburn's wholesale water rates for the years 2023 - 2025, in order to ensure sustainability in the City's utility operations and infrastructure. Background Summary: The City of Auburn has agreements to provide wholesale water to Lake Meridian Water District and the City of Algona. In 2022, the City contracted with FCS Group to perform a utility rate study, which included wholesale water rates, to review the adequacy of existing rates and propose new rates as appropriate. Ordinance 6912 amends section 13.06.360 of the City Code with proposed updates to the existing wholesale water rates in accordance with the findings of the FCS Group rate study analysis. Rev iewed by Council Committees: Councilmember:Baldwin Staff:Thomas Meeting Date:July 17, 2023 Item Number:ORD.B Page 52 of 115 -------------------------------- Ordinance No. 6912 July 12, 2023 Page 1 of 2 ORDINANCE NO. 6912 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AMENDING SECTION 13.06.360 OF THE AUBURN CITY CODE (ACC), RELATING TO CITY UTILITY RATES WHEREAS, pursuant to its powers in RCW 35.92, the City has established a water utility to serve its residents; WHEREAS, consistent with its responsibilities to operate th is utility in a cost- effective manner and in a manner that reflects the City’s actual operating costs, the City periodically reviews its utility rate structure to ensure that its rates are set appropriately; WHEREAS, in 2022, the City consulted with FCS Group to study the City’s current water utility rates (including wholesale rates) against the City’s cost of service delivery and revenue requirements; WHEREAS, following the FCS Group utility rate review for wholesale customers conducted at City staff request, City staff recommends that City water utility rates should be adjusted as reflected in this Ordinance. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN as follows: Section 1. Amendment to City Code. Section 13.06.360 of the Auburn City Code is hereby amended to read as set forth in Exhibit A to this Ordinance. Section 2. Implementation. The Mayor is authorized to implement those administrative procedures necessary to carry out the directives of this legislation. Page 53 of 115 -------------------------------- Ordinance No. 6912 July 12, 2023 Page 2 of 2 Section 3. Severability. The provisions of this ordinance are declared to be separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance, or the invalidity of the application of it to any person or circumstance, will not affect the validity of the remainder of this ordinance, or the validity of its application to other persons or circumstances. Section 4. Effective date. This Ordinance will take effect and be in force five days from and after its passage, approval, and publication as provided by law. INTRODUCED: _______________ PASSED: ____________________ APPROVED: _________________ ____________________________ NANCY BACKUS, MAYOR ATTEST: ____________________________ Shawn Campbell, MMC, City Clerk APPROVED AS TO FORM: ____________________________ City Attorney Published: ____________________ Page 54 of 115 EXHIBIT A—ORD. 6912 ACC 13.06.360 Water service Rates – Generally. A.Except as provided in subsections B and C of this section, effective September 1, 2023, the monthly base rate for all water user classifications except interruptible wholesale shall be as set forth in Table 13.06.360-1 below. Table 13.06.360-1. Monthly Charge Meter Size (inches) Effective September 1, 2023 Effective January 1, 2024 Effective January 1, 2025 5/8, 3/4 $ 19.61 $ 21.08 $ 22.66 1 (Single-Family Residential) $ 19.61 $ 21.08 $ 22.66 1 (All Other Classes) $ 22.01 $ 23.66 $ 25.43 1-1/2 $ 23.96 $ 25.76 $ 27.69 2 $ 27.62 $ 29.69 $ 31.92 3 $ 53.13 $ 57.11 $ 61.39 4 $ 66.66 $ 71.66 $ 77.03 6 $ 85.18 $ 91.57 $ 98.44 8 $ 110.05 $ 118.30 $ 127.17 10 $ 156.25 $ 167.97 $ 180.57 Page 55 of 115 Charge per 100 cubic feet (ccf) Customer Class Effective January 1, 2023 Effective January 1, 2024 Effective January 1, 2025 Single-Family Residential: 0 to 7 ccf $ 3.89 $ 4.18 $ 4.49 7.01 to 15 ccf $ 4.75 $ 5.11 $ 5.49 Over 15 ccf $ 5.40 $ 5.81 $ 6.25 Multifamily Residential $ 4.65 $ 5.00 $ 5.38 Commercial $ 4.90 $ 5.27 $ 5.67 Manufacturing/Industrial $ 4.79 $ 5.15 $ 5.54 Schools $ 5.22 $ 5.61 $ 6.03 Municipal/City Accounts $ 4.83 $ 5.19 $ 5.58 Irrigation $ 6.46 $ 6.94 $ 7.46 Wholesale (Algona) $ 2.39 $ 2.45 $ 2.51 Fifty percent shall be added to all rates for water service for customers outside the city limits. City of Auburn utility taxes are included in the monthly rate for all customers except wholesale accounts. Wholesale rates exclude the 50 percent out-of-city service charge and state excise taxes. B.Interruptible wholesale water supply customers shall pay monthly the sum of the following: 1.Standby Service Charge: the cost to maintain, repair, and replace the infrastructure required to provide water utility service to the interruptible wholesale water customer when the customer requests water supply from the city of Auburn. This is a fixed monthly charge and does not include the delivery of any quantity of water. 2.Usage Charge: the cost of water supply. The charge is based on actual water deliveries, if any, during the month times the usage rate. Page 56 of 115 3.Purchased Water Surcharge: In any month in which water is purchased from Tacoma Public Utilities or other external agency, the interruptible wholesale customer shall pay an additional charge of $1.82 per ccf, applied to the quantity of water purchased by the city of Auburn during the month to supply the interruptible wholesale customer. Interruptible Wholesale Rates Charge Effective September 1, 2023 Effective January 1, 2024 Effective January 1, 2025 Standby Service Charge (per month) $ 1,575.49 $ 1,583.74 $ 1,592.61 Usage Charge (per ccf) $ 2.13 $ 2.19 $ 2.24 Purchased Water Surcharge (per ccf of water purchased)* $ 1.82 $ 1.82 $ 1.82 *Subject to change if Tacoma Public Utilities updates its wholesale summer season peaking rate. C.Water customers served by the City’s Braunwood water system. City water customers served by the City’s Satellite Water System for Braunwood Estates (approved by City Resolution 2114) shall be subject to the following monthly water service rates, effective January 1, 2023: Page 57 of 115 Monthly Charge Meter Size (inches) Effective January 1, 2023 Effective January 1, 2024 Effective January 1, 2025 3/4" $ 19.61 $ 21.08 $ 22.66 1” $ 19.61 $ 21.08 $ 22.66 1-1/2” $ 23.96 $ 25.76 $ 27.69 2” $ 27.62 $ 29.69 $ 31.92 3” $ 53.13 $ 57.11 $ 61.39 4” $ 66.66 $ 71.66 $ 77.03 6” $ 85.18 $ 91.57 $ 98.44 8” $ 110.05 $ 118.30 $ 127.17 10” $ 156.25 $ 167.97 $ 180.57 Variable Charges based on ccf (100 cubic feet of water used) Description Effective January 1, 2023 Effective January 1, 2024 Effective January 1, 2025 B1 (0-7 ccf) $3.89 $4.18 $4.49 B2 (7.01-15 ccf) $4.75 $5.11 $5.49 B3 (15.01 – 25 ccf) $5.40 $5.81 $6.25 B4 (25.01-38 ccf) $6.00 $6.45 $6.93 B5 (38+ ccf) $12.00 $12.90 $13.87 Page 58 of 115 |Memorandum Firm Headquarters Locations page 1 Redmond Town Center Washington | 425.867.1802 7525 166th Ave NE, Ste D-215 Oregon | 503.841.6543 Redmond, Washington 98052 Colorado | 719.284.9168 To: Ingrid Gaub, P.E. Director of Public Works, City of Auburn Date: June 26, 2023 From: Angie Sanchez Virnoche, Principal, FCS GROUP CC: Frank Downard, Ryan Vondrak RE Wholesale Rate Update INTRODUCTION A Wholesale Water Rate Update is part of the 2022 contracted services with the City of Auburn under the Water, Sewer, and Storm Utilities Rate Study. The rate update is consistent with wholesale service agreements in effect and incorporates current condit ions. The update uses the previously established wholesale rate study methodology for assignment of eligible asset infrastructure and utility operating costs. The City currently has two wholesale water agreements in effect. One of the agreements is to provide permanent wholesale water services to the City of Algona (Algona). The other agreement is to provide interruptible wholesale service to Lake Meridian Water District (LMWD). For both types of wholesale customers (permanent and interruptible) the City of Auburn charge s wholesale rates that reflects the cost of providing the specific type of wholesale water service, with wholesale costs of service analyzed in the context of the overall City cost of water service. The cost- of-service analysis completed for this study is in accordance with the requirements of both Agreements. WHOLESALE RATE UPDATE The wholesale rate methodology used to establish and update wholesale rates is the Utility Basis approach . This approach recovers applicable operating and maintenance costs, plus a capital cost recovery based on the original cost of capital investment committed to the wholesale customer’s service. The capital cost recovery includes two components: depreciation of fixed assets and a rate of return on the net investment or book value of those wholesale serving assets. The three key wholesale rate components are summarized below: ⚫ Operating and Maintenance Expenses (O&M) – related to ongoing maintenance and operation of eligible assets. ⚫ Annual Depreciation Expense – of eligible fixed assets related to the loss in value of facilities, not restored by current maintenance, due to wear and tear, decay, and obsolescence as useful life is consumed. ⚫ Return on Investment – applied to net system investment intended to pay the annual interest cost of debt capital and provide owner equity return for the facilities used to provide water service. WHOLESALE RATE UPDATE The purpose of a cost-of-service analysis is to provide a rational basis for distribu ting the eligible costs of utility service to each customer based on the facilities used to deliver water service and in proportion to the demands they place on the system. The following list highlights some of the key documents and assumptions used in the development of the wholesale water rate update. Page 59 of 115 CITY OF AUBURN June 2023 Wholesale Rate Update FCS GROUP Memorandum page 2 ⚫ 2022 operations and maintenance (O&M) budget , projected forward for the 2023 test year ⚫ Debt service balance through 12/31/2022 (to calculate the weighted average cost of capital) ⚫ Booked fixed assets through 12/31/2021 including original cost, accumulated depreciation, and annual depreciation ⚫ Customer use and revenue for 2022 ⚫ Contract capacity demands per Agreement s Basis of Cost Allocation Cost allocation is accomplished by developing customer specific allocation factors identifying characteristics including number of accounts, contracted peak demand, actual consumption levels, and share of eligible fixed assets. Allocation factors used in the wholesale rate update are summarized in Exhibit 1. Exhibit 1: Summary of Key Allocation Factors Notes: Algona few accounts do not show up due to rounding. Allocation of Assets and Costs Relevant to Wholesale Water Customers The City’s water system asset schedule drives several calculations in the wholesale rate ca lculation, including both the allocation of capital assets (depreciation) and the allocation of asset -related operating costs to functions of service (and ultimately to wholesale customers). The 2023 rate update is based on plant -in-service for year -end 2021. A detailed asset -by-asset review was completed with the assistance of staff identifying assets by function as shown in Exhibit 2 (e.g., Supply/Treatment, Storage, Pumping, Transmission/Distribution, etc.). Exhibit 2: Total Existing System Assets Algona LMWD Retail Total Accounts 0.0%0.0%100.0%100.0% Fixed Asset Allocation 2.0%4.6%93.4%100.0% % of Usage 5.7%0.0%94.3%100.0% Conservation 2.0%0.0%98.0%100.0% Contracted Demand Capacity 5.6%12.6%81.7%100.0% Allocation Factors Functional Category Total Original Cost 1 - Supply/Treatment 46,221,039$ 2 - Pumping 9,919,079 3 - Storage 9,850,524 4 - Transmission & Distribution 100,882,465 5 - Meters & Services 7,261,201 6 - Hydrants 1,126,857 7 - General Plant 1,736,399 8 - Customer 62,150 Total Eligible Existing Assets 177,059,713$ Page 60 of 115 CITY OF AUBURN June 2023 Wholesale Rate Update FCS GROUP Memorandum page 3 The total system assets of $177.1 million are adjusted for contributed assets of $43.5 million and accumulated depreciation of $56.4 million to determine the net book value of system assets. Exhibit 3 provides the functional detail of the calculated net b ook value (“rate base”) of non-donated assets. Exhibit 3: Functional Net Book Value (Rate Base) During the detailed asset -by-asset review, staff identified which individual assets are used to provide wholesale service. Assets within each functional category were al located to wholesale or City retail customers using the allocation basis shown in Exhibit 4. Exhibit 4: Fixed Asset Allocation Basis WHOLESALE RATE UPDATE : ALGONA The allocated costs in the wholesale update for Algona include consideration that permanent wholesale water service is provided . The eligible assets and applicable operating and maintenance costs that comprise the return on rate base, depreciation and O&M costs for Algona are as follows: Net Book Value (non-Donated Assets)Total 1 - Supply/Treatment 31,684,234$ 2 - Pumping 6,685,101 3 - Storage 4,631,462 4 - Transmission & Distribution 31,141,809 5 - Meters & Services 2,819,133 6 - Hydrants 23,286 7 - General Plant 179,348 8 - Customer 300 Net Book Value (Rate Base)77,164,673$ Functional Category Allocation Basis 1 - Supply/Treatment Share of system peak demand or Retail only 2 - Pumping Share of system peak demand or Retail only 3 - Storage Share of peak demand excluding Algona, contracted share of Lakeland Hills Reservoir, or Retail Only 4 - Transmission & Distribution Retail only, Algona only or share of peak demand excluding Algona 5 - Meters & Services Retail Only or Algona Only 6 – Hydrants Retail Only 7 - General Plant Retail Only or Common to All 8 – Customer Retail Only or Customer Billing System Page 61 of 115 CITY OF AUBURN June 2023 Wholesale Rate Update FCS GROUP Memorandum page 4 Rate Base Exhibit 5 shows the total eligible existing system assets identified for Algona by applying the fixed asset allocation basis in Exhibit 4. Algona assets total $3.5 million – roughly 2.0% of the total system existing assets. Exhibit 5: Algona Eligible Assets Exhibit 6 calculates the net book value for Algona after making deductions for assets that were paid for directly ($906K) and for accumulated depreciation on non -donated eligible assets ($672K). Exhibit 6: Algona Net Book Value (Rate Base) Return on Investment The return on investment (rate base) component of the revenue requirement is a function of the rate base and the weighted average cost of capital (WACC), which in turn is a function of the average rate on the City’s outstanding debt and the assumed return on equity rate. The net book value is multiplied by the weighted average cost of capital to determine the return on rate base . Weighted Average Cost of Capital (WACC) The City’s outstanding debt rate is currently 4.18% – a weighted average of the current o utstanding six (6) bonds and loans. For an equity rate, this analysis assumes a rate of 4.30%, representing the average of the 25 -Bond Revenue Bond Index and 20 -Bond GO Index as of Oct 2022 (these indices are published by The Bond Buyer at the time this u pdate began). In our judgment, the average between these two indices is a rough approximation of what the City could expect to pay for a newly issued revenue bond series. Functional Category Algona Original Cost 1 - Supply/Treatment 2,492,897$ 2 - Pumping 194,752 3 - Storage 273,020 4 - Transmission & Distribution 283,427 5 - Meters & Services 240,169 6 - Hydrants - 7 - General Plant 33,237 8 - Customer 4 Total Eligible Existing Assets 3,517,506$ Net Book Value (non-Donated Assets)Algona 1 - Supply/Treatment 1,747,890$ 2 - Pumping 81,403 3 - Storage 31,712 4 - Transmission & Distribution 74,978 5 - Meters & Services - 6 - Hydrants - 7 - General Plant 3,490 8 - Customer 0 Net Book Value (Rate Base)1,939,472$ Page 62 of 115 CITY OF AUBURN June 2023 Wholesale Rate Update FCS GROUP Memorandum page 5 The equity rate of return generally incorporates a risk premium to compensate City ra tepayers for the risk they are assuming as a result of the City’s decision to secure excess supply capacity beyond the needs of the retail customer base. The City chose to forego this risk premium in prior analysis. For consistency, the risk premium has not been included in this update. Exhibit 7 shows how the assumed equity rate of 4.18% is blended with the 4.30% average outstanding debt rate. Auburn’s water capital structure is currently about 32% debt, 68% equity (total outstanding debt ÷ total net book value). Applying those weights to the average debt percentage and the assumed equity percentage, the City’s weighted average cost of capital is 4.26%. Exhibit 7: Rate of Return Exhibit 8 shows the return on investment component of the revenue requiremen t for Algona. This is calculated by multiplying the $1.9 million rate base by the 4.26% weighted average cost of capital . Exhibit 8: Algona Return on Rate Base Depreciation Annual depreciation is calculated on the total assets identified in Exhibit 5 and exclude amounts contributed by others. The annual depreciation value is calculated using the straight -line method. This method takes the value of an asset and reduces it uniformly over each period until it reaches the end of its useful life. Total depreciation for Algona eligible assets is approximately $40,737. Operating & Maintenance Expenses The 2023 operating budget is grouped into the cost centers of administration, finance, and operations. A line -by-line analysis was completed of the detailed accounts allocating each cost in part or in full to either wholesale or City retail customers using total fixed asset allocation, accounts, or percentage of use. Although most costs are allocated based on the percent of eligible fixed assets, utility billing costs were based on accounts and operating supplies, chemicals, utilities, and Tacoma water purchase emergency supply were based on percent of use. The result is approximately $285,476 of O&M expenses are assigned to Algona comprising 2.2% of total water system operating and maintenance expenses. Total Algona -Cost of Service and Rate Calculation Exhibit 9 summarizes the three components of the wholesale cost of service: return on investment, depreciation, and O&M costs - as well as the resulting Algona wholesale rate per hundred cubic feet Auburn Rate of Return % of Net Weighted Book Value Rate Rate Debt 32%4.18%1.33% Equity 68%4.30%2.93% Weighted Average Cost of Capital 4.26% Algona Rate Base 1,939,472$ Weighted Average Cost of Capital (WACC)4.26% Return on Investment 82,645$ Page 63 of 115 CITY OF AUBURN June 2023 Wholesale Rate Update FCS GROUP Memorandum page 6 (CCF) of water use . The calculated rate of $2.3 9/CCF is an increase of $0.06 from the current rate of $2.33/CCF. Exhibit 9: Total Algona Wholesale Cost of Service Rate Projected Algona Rate Calculation The rates in this analysis are based on the 20 23 operating budget. Algona rates are composed of both a fixed meter charge, by size of meter , and the volume rate shown in Exhibit 9. The base meter rates will be tied to the retail rate charges by meter size (3 – 8” meters and 1 – 6” meter) that were updated during the retail rate study completed in 2022. The fixed charges are inte nded to pay for the replacement of the meters over time. In between cost -of-service analysis updates, it has been City practice to adjust the rates each year based on the annual increase in the CPI -U for Seattle-Tacoma-Bellevue from October of one year to October of the next year. This is a practice that the City can continue to monitor adjusting as needed to align with underlying cost increases. Exhibit 10 shows the Algona wholesale base and volume rates for 2023 - 2025. Future volume rates per CCF are ad justed by the five -year average (2016- 2020) CPI-U for Seattle -Tacoma -Bellevue. Years 2021 and 2022 were excluded due to the higher than normal inflation rates experienced during that time. Exhibit 10: Algona Proposed 2023 - 2025 Rates Under the terms of the agreeme nt, the Algona rate change can take place whenever the cost -of- service analysis is updated. We recommend that the cost -of-service analysis be updated every 3 -5 years, so that wholesale rates do not drift too far away from their underlying cost factors. Wholesale Rate Calculation Algona Return on Rate Base 82,645$ Depreciation 40,737 O&M 285,476 Total Annual Costs 408,857$ 2022 Use in CCF 170,933 Rate per CCF 2.39$ Algona Rate Schedule Current Rate 2023 Cost of Service 2024 2025 Estimated CPI Adjustment 2.50%2.50% Wholesale Rate per CCF City of Algona $2.33 $2.39 2.45$ 2.51$ Meter Charge per Month 8" Meter 102.37$ 110.05$ 118.30$ 127.17$ 6" Meter 79.24$ 85.18$ 91.57$ 98.44$ Page 64 of 115 CITY OF AUBURN June 2023 Wholesale Rate Update FCS GROUP Memorandum page 7 WHOLESALE RATE UPDATE : LAKE MERIDIAN WATER DISTRICT (LMWD) Wholesale water service to LMWD is interruptible service. LMWD has indicated that they may request water service from Auburn, if needed. If Auburn has the supply available, Auburn will provide it to LMWD (as interruptible wholesale supply). It is likely that no service may be requested or delivered in any given year, yet facilities must be available and in good repair to provide service when requested. The existing utility basis methodology still applies in determining eligible costs and assets for LMWD. When and how the costs will be recovered will depend on use. Per the Agreement with LMWD, the City will serve up to 2.5 million gallons a day if requested and available. The eligible assets an d applicable operating and maintenance costs are based on this capacity commitment. The return on rate base, depreciation, and O&M costs allocable to LMWD are as follows: Rate Base Exhibit 11 shows the total eligible existing system assets identified fo r LMWD by applying the fixed asset allocation basis in Exhibit 4. LMWD assets total $8.1 million – roughly 4.5% of the total system existing assets. Exhibit 11: LMWD Eligible Assets Notes: Transmission & Distribution includes Tacoma Pipeline 5 assets. Exhibit 12 calculates the net book value for LWMD after making deductions for assets that were paid for directly ($1.8 million) and for accumulated depreciation on non -donated eligible assets ($2.0 million). Functional Category LMWD Original Cost 1 - Supply/Treatment 5,586,174$ 2 - Pumping 435,335 3 - Storage 550,103 4 - Transmission & Distribution 1,459,069 5 - Meters & Services - 6 - Hydrants - 7 - General Plant 76,607 8 - Customer - Total Eligible Existing Assets 8,107,288$ Page 65 of 115 CITY OF AUBURN June 2023 Wholesale Rate Update FCS GROUP Memorandum page 8 Exhibit 12: LMWD Net Book Value (Rate Base) Notes: Transmission & Distribution includes Tacoma Pipeline 5 assets. When water is not being delivered, the eligible assets are reduced by the $3.9 million supply/treatment net book value for a modified net book value (or rate base) of $392,518. The supply/treatment assets have been removed from allocable costs as water is not being delivered. Exhibit 13: LMWD Net Book Value – Rate Base (No Supply/Treatment) Notes: Transmission & Distribution includes Tacoma Pipeline 5 assets. Standby Charge The charges applicable to L MWD include a standby charge that is paid monthly regardless of use. When water is used, a volume charge will apply in addition to the fixed stand-by charge. The monthly standby charge is comprised of the following components: • Annual depreciation of the facilities required to deliver service. The depreciation on the remaining assets is eligible as the City must maintain the delivery assets ready f or operation. As shown in Exhibit 14, the supply/treatment assets have been eliminated from the stand -by charge as assets are not being utilized when water is not requested for delivery. The storage value is shown as zero as the eligible assets are fully depreciated or represent land which does not depreciate. The monthly depreciation amount on eligible assets totals $579.29 ($6,951 ÷ 12 months) Net Book Value (non-Donated Assets)LMWD 1 - Supply/Treatment 3,915,780$ 2 - Pumping 182,682 3 - Storage 33,529 4 - Transmission & Distribution 168,262 5 - Meters & Services - 6 - Hydrants - 7 - General Plant 8,045 8 - Customer - Net Book Value (Rate Base)4,308,298$ Net Book Value (non-Donated Assets) LMWD (< Supply/Treat) Net Book Value of Non-Donated Assets 1 - Supply/Treatment -$ 2 - Pumping 182,682 3 - Storage 33,529 4 - Transmission & Distribution 168,262 5 - Meters & Services - 6 - Hydrants - 7 - General Plant 8,045 8 - Customer - Net Book Value (Rate Base)392,518$ Page 66 of 115 CITY OF AUBURN June 2023 Wholesale Rate Update FCS GROUP Memorandum page 9 Exhibit 14: Annual Depreciation Eligible Assets – No Supply/Treatment Note: Transmission & Distribution includes Tacoma Pipeline 5 assets. • Tacoma Ready to Serve charge. This fixed charge to the City is based on c ontracted peak capacity and is a new cost addition for this update. The fixed charge is paid by the City to Tacoma to have water readily available when nee ded. The City pays this fixed charge per MGD of requested contract peak capacity regardless of use . This cost is allocated to LMWD based on the allocation of peak capacity to LMWD (12.63%) and recovered 50% in the standby charge. The remaining 50% of the allocated LMWD cost will be recovered in the volume charge when water is delivered. • Meter charge equal to the retail rate by meter size intended to pay over time for the replacement of the 8” meter servicing the District. Exhibit 15 summarizes the 2023-2025 standby charge paid monthly regardless of water being delivered or not to LMWD. Exhibit 15: LMWD Monthly Standby Charge In total, the calculated charge is higher than the current rate. There is a reduction in the depreciation charge as the eligible asset value has been reduced, likely due to retirements. However, the charge is increased with the addition of the Tacoma Ready to Serve charge which is a change from the last wholesale rate update. Wholesale Rate Delivered Water When water is requested and delivered, all wholesale rate components apply - rate of return on investment, depreciation, and O&M costs on the full eligible assets (including supply/treatment) as shown in Exhibit 11 ($8.1 million). Return on Investment As noted previously, the return on investment (rate base) component of the revenue requirement is a function of the rate base and the weighted average cost of capital (WACC) – Exhibit 7 , which in turn is a function of the average rate on the City’s outstandi ng debt and the assumed return on equity Depreciation on Non-Donated Assets LMWD (< Supply/Treat) Existing System Eligible Assets 1 - Supply/Treatment -$ 2 - Pumping 499 3 - Storage - 4 - Transmission & Distribution 6,295 5 - Meters & Services - 6 - Hydrants - 7 - General Plant 158 8 - Customer - Total Existing System Assets Depreciation 6,951$ Current 2023 2024 2025 Mo. Depreciation on Eligible Assets 1,045.55$ $579.29 579.29$ 579.29$ Tacoma Contract Peak Capacity (50% of eligible cost)886.15 886.15 886.15 8" Meter Replacement (Retail Published Rate)102.37 110.05 118.30 127.17 Total LMWD Mo. Standby Charge 1,147.92$ 1,575.49$ 1,583.74$ 1,592.61$ Page 67 of 115 CITY OF AUBURN June 2023 Wholesale Rate Update FCS GROUP Memorandum page 10 rate. The net book value is multiplied by the weighted average cost of capital to determine the return on rate base. Exhibit 16 summarizes the total eligible assets and return under full service delivery. Exhibit 16: L MWD Return on Rate Base The return listed in Exhibit 16, is recoverable when water is delivered. The unit cost associated with the return is $0.15/CCF. The calculation is derived by identifying the eligible assets and return on rate base of $183,585 divided by the contract demand capacity of 2.5 MGD (converted to CCF 2,500,000 MGD x 365 days ÷ 748 = 1,219,920 annual CCF). Depreciation Annual depreciation is calculated on the total net book value of eligible assets identified in Exhibit 12 ($4.3 million) and exclude amounts contributed by others as well as excludes the amount of depreciation recovered in the stand -by charge identified in Exhibit 15. The annual depreciation value is calculated using the straight -line method. This method takes the value of an asset and reduces it uniformly over each period until it reaches the end of its useful life. Depreciation for LMWD total eligible assets is approximately $91,222. Similar to the rate of return, the depreciation calculation is derived by taking the net amount divided by the annual contract demand in CCF resulting in $0.07/CCF. Operating & Maintenance Expenses As noted, when describing the Key Assumptions, a line -by-line analysis of the detailed 2023 budget was completed, allocating each O&M line item to either wholesale or City retail. The wholesale O&M unit costs are consistent for both wholesale customers and have been adjusted only for those O&M costs that have been identified as having a higher allocable cost resulting from the line-by-line analysis. As most costs are allocated based on the “by fixed assets” allocation factor, LMWD has a higher O&M allocation of total costs. This is due to the higher contractual amount of 2.50 MGD resulting in a higher allocation amount when water is delivered. The resulting cost differential of 1.26 is applied to the admin , finance, and operations cost centers . A factor was not applied for costs such as operating supplies, chemical analysis and the Tacoma emergency supply and standby contract peak capacity costs. Total LMWD Delivered Water Rate The delivered water rate for LMWD is shown in Exhibit 17. The rate is composed of a fixed monthly charge and a volume charge when water is delivered and available. The fixed charge is the same as the standby charge shown in Exhibit 15. The volume charge is developed to recover eligible costs when water is requested and delivered. It should be noted that the volume charge includes the remaining 50% of the allocated LMWD costs related to the Tacoma Ready to Serve charge (incurred by the City to have water readily available) and eliminates the Tacoma Emergency Supply as City water sources are assumed when water is delivered. The unit cost per CCF is $2.13. LMWD Eligible Rate Base 4,308,298$ Weighted Average Cost of Capital (WACC)4.26% Return on Investment 183,585$ Page 68 of 115 CITY OF AUBURN June 2023 Wholesale Rate Update FCS GROUP Memorandum page 11 Exhibit 17: LMWD Delivered Water Rate In between cost -of-service analysis updates, it has been City practice to adjust the rates each year based on the annual increase in the CPI -U for Seattle-Tacoma-Bellevue from October of one year to October of the next year. Exhibit 18 shows the LMWD whole sale standby charge and usage charge for 2023 - 2025. Future usage charges per CCF are adjusted by the five -year average (2016-2020) CPI-U for Seattle -Tacoma-Bellevue. Years 2021 and 2022 were excluded due to the higher than normal inflation rates experie nced during that time. Exhibit 18: LWMP Proposed 2023 - 2025 Delivered Water Rates The rates in this analysis are based on the 2023 operating budget. Under the terms of the agreement, the rate change can take place whenever the cost-of-service analysis is updated. We recommend that the cost-of-service analysis be updated every 3 -5 years, so that the wholesale rates do not drift too far away from their underlying cost factors. Wholesale Purchased Water Surcharge The wholesale rate review includes updating the City’s wholesale purchased water surcharge to cover costs when the City water resources are not sufficient and Tacoma water purchases are required to meet demands. The purchased water surcharge was developed using the LMWD costs of service 2023 Rates Fixed Monthly Charge Depreciation (standby portion)$579.29 Contract Peak Capacity (50% of eligible total)886.15 8" meter (published rate)110.05 Total Fixed Monthly Charge $1,575.49 Volume Charge (water delivery) Depreciation (not recovered in standby charge)$0.07 Return $0.15 O&M Admin Cost Centers $0.55 Finance Cost Center 0.09 Operations Cost Center 0.48 Supplies 0.05 Chemical Analysis 0.02 Tacoma Emergency Supply - Tacoma Standby Contract Peak Capacity 0.03 Utilities 0.33 As all other (general)0.05 Transfer/Taxes 0.30 Subtotal O&M $1.91 Total Depreciation, Return, O&M, per CCF $2.13 Current 2023 2024 2025 Mo. Depreciation on Eligible Assets 1,045.55$ 579.29$ 579.29$ 579.29$ Tacoma Contract Peak Capacity (50% of eligible cost)886.15 886.15 886.15 8" Meter Replacement (Retail Published Rate)102.37 110.05 118.30 127.17 Total LMWD Mo. Standby Charge 1,147.92$ 1,575.49$ 1,583.74$ 1,592.61$ Estimated CPI Adjustment 2.50%2.50% Usage Charge 2.07$ $2.13 $2.19 $2.24 Page 69 of 115 CITY OF AUBURN June 2023 Wholesale Rate Update FCS GROUP Memorandum page 12 rates and the 2023 Tac oma wholesale rate published in the Tacoma Municipal Code, Title 12 Utilities – 12.10.400 Rates Inside and Outside City Limits. Exhibit 19 details the calculation of the updated wholesale purchase water surcharge . Applicable costs include fixed costs that would remain regardless of the water source being used and include the administrative and finance cost centers along with transfer/taxes. The Tacoma Emergency Supply peaking rate and the Tacoma Ready to Serve char ge would replace the variable costs associated with the City’s own supply source inclusive of the operations center, supplies, chemical analysis, utilities and other. The current Tacoma published peaking rate is $2.569/CCF. In addition, as of the last update, Tacoma has imposed a fixed Ready to Serve charge . The LMWD eligible portion (based on peak capacity) of this cost is collected 50% from the standby fixed fee and 50% from the variable charge or $0.03/CCF. The total cost applicable when Tacoma water i s used totals $3.76/CCF. The difference between the total cost of $3.76 (when Tacoma water is being purchased) less the cost- of-service rate of $2.13 becomes the pre -tax purchased water surcharge of $1.63/CCF. This rate would be paid in addition to the reg ular volume charge. Additional City taxes would be assessed based on the higher costs/revenue received making the final purchased water surcharge rate, including taxes $1.82/CCF. Exhibit 19 shows the costs that comprise the purchased water surcharge. The rates shown are for 2023. The Tacoma wholesale peaking rate may change again in 2024 per the published rates. I t is recommended that the City monitor the published rate s and update the purchased water surcharge in alignment with any changes. It should be noted that the surcharge has been reduced from the current rate of $3.31/CCF. This reduction is due to the restructuring of the Tacoma Wholesale rate to reduce the peak usage charge ($3.96 to $2.57/CCF) and add a Wholesale Ready to Serve C harge ($2,741.53) assessed per million gallons a day (MGD) of contracted peak capacity . Exhibit 19: Purchased Water Surcharge Calculation 2023 Rates 2023 Applicable Unit Costs/CCF Volume Charge Depreciation (not recovered in standby charge)$0.07 $0.07 Return $0.15 $0.15 O&M Admin Cost Centers $0.55 $0.55 Finance Cost Center 0.09 0.09 Operations Cost Center 0.48 - Supplies 0.05 - Chemical Analysis 0.02 - Tacoma Emergency Supply - 2.57 Tacoma Standby Contract Peak Capacity 0.03 0.03 Utilities 0.33 - As all other (general)0.05 - Transfer/Taxes 0.30 0.30 Subtotal O&M $1.91 $3.54 Total Depreciation, Return, O&M, per CCF $2.13 $3.76 Total Recoverable Variable Costs $2.13 Calculated Total Costs w/ Tacoma Rate 3.76 Cost Difference $1.63 Plus Additional Taxes 0.19 Total Wholesale Purchased Water Surcharge /CCF $1.82 Page 70 of 115 CITY OF AUBURN June 2023 Wholesale Rate Update FCS GROUP Memorandum page 13 Summary The Wholesale rates are updated for Algona and LMWD based on the water cost of service study completed in 2022. The rate projection for Algona includes a fixed charge per meter size based on the retail published meter charge rates plus an updated volume charge of $2.3 9/CCF, an increase of $0.0 6/CCF. The rate for LMWD considers they are served as an interruptible customer. The stand-by charge has been updated for the retail published meter charge rate , depreciation on current eligible asset values and the Tacoma Ready to Serve charge . The rate is calculated at $1,575.49 per month. The volume charge has been updated to $2.13 from a current rate of $2.07 when water is requested and available based on 2023 budget operating costs . In addition, the wholesale purchased water surcharge intended to cover costs when the City is required to purchase Tacoma Water to meet demands , has been updated. The annual purchased water surcharge is calculated at $1.82 per CCF in addition to the general volume charge. The rate is down from the current surcharge of $3.31 per CCF due to the restructuring of rates by Tacoma that reduces the peak water consumption rate and adds a fixed ready to serve charge per MGD. Page 71 of 115 AGENDA BILL APPROVAL FORM Agenda Subject: Resolution No. 5725 (Faber) Date: June 20, 2023 Department: Parks/Art and Recreation Attachments: Res olution No. 5725 Sample Contract Budget Impact: Current Budget: $28,000 Proposed Revision: $968,060 Revised Budget: $996,600 Administrativ e Recommendation: City Council to approve Resolution No. 5725. Background for Motion: The proposed Resolution is to accept a grant from the Washington State Historical Society Heritage Capital Projects for Phase 2 renovations at the Auburn Arts & Culture Center. Background Summary: Resolution 5659 from April of 2022 authorized the application for this grant. This action would accept the grant from the Washington State Historical Society Heritage Capital Projects program in the amount of $968,060 for Phase 2 renovations at the Auburn Arts & Culture Center. Rev iewed by Council Committees: Councilmember:Jeyaraj Staff:Faber Meeting Date:July 17, 2023 Item Number:RES.A Page 72 of 115 -------------------------------- Resolution No. 5725 June 16, 2023 Page 1 of 2 Rev. 2019 RESOLUTION NO. 5725 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF AUBURN AND THE WASHINGTON DEPARTMENT OF COMMERCE TO ACCEPT AND EXPEND GRANT FUNDS FOR CONTINUED RESTORATION AND PHASE 2 RESTORATION OF THE AUBURN ARTS AND CULTURE CENTER WHEREAS, restoration of the exterior of the historic post office will continue and Phase 2 construction will begin by converting the basement into usable spaces for art classes, performing art rehearsals, and supporting spaces such as restrooms and storage; and WHEREAS, the Washington State Historical Society has granted the City with a Heritage Capital Grant in the amount of $968,060.00 to complete this work; and WHEREAS, to receive the funds, the City must execute a grant agreement with the Washington State Historical Society. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, RESOLVES as follows: Section 1. The Mayor is authorized to execute an agreement between the City and the Washington State Historical Society for grant funds in the amount of $968,060.00, which agreement will be in substantial conformity with the agreement attached as Exhibit A, and to expend such funds. Section 2. The Mayor is authorized to implement those administrative procedures necessary to carry out the directives of this legislation. Page 73 of 115 -------------------------------- Resolution No. 5725 June 16, 2023 Page 2 of 2 Rev. 2019 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: ____________________________ City Attorney Page 74 of 115 Page 1 of 21 State of Washington Washington State Histor ical Society Contract #: Contract Number Grantee: Organization Name 1. PARTIES TO THE CONTRACT This state funded Contract for Heritage Capital Projects (Contract) is entered between Organization Name, Organization Address (GRANTEE) and the Washington State Historical Society, 1911 Pacific Avenue, Tacoma, Washington 98402 (AGENCY), and shall be binding upon all agents and all persons acting by or through the parties. 2. PURPOSE OF CONTRACT This Contract, including Attachments A through H (collectively referred to hereafter as “Contract”), sets out the terms and conditions by which a grant is made for a Heritage Capital project during the 2023-2025 biennium from funds appropriated by the Washington State Legislature in Engrossed Substitute Senate Bill 5200 which was incorporated into the Capital Budget signed into law by the governor on May 16, 2023. RCW 27.34.330 provides statutory authorization for the funding program. The program is administered by the Agency. 3. DESCRIPTION OF HERITAGE CAPITAL PROJECT Funds awarded under this Contract shall be used by the GRANTEE solely for the “Project Title,” located at Property Name, Property Address, as described in ATTACHMENT B (PROJECT SCOPE OF WORK), and for the express purposes of the grant as described in ATTACHMENT C (PROJECT PURPOSE). 4. CONSIDERATION The parties agree that, in exchange for the grant money awarded pursuant to this Contract, the State of Washington and the Agency shall receive in consideration the preservation and interpretation of historical sites and artifacts that have the potential to provide lifelong learning opportunities for the citizens of the state, as described in this Contract, including Attachments [B and C]. 5. AMOUNT OF GRANT The Washington State Legislature appropriated Dollar Amount Appropriated. Of this appropriation, the total funds available to the GRANTEE for reimbursement of eligible costs shall be Dollar Amount Reimbursable. The AGENCY shall retain three percent (3.0%) of the appropriation, which is Dollar Amount for HCP Admin as the cost of administering the grant and this Contract. 6. COST SHARE The total cost of the projects shall include only those costs that are eligible expenditures as described in ATTACHMENT D (PROJECT BUDGET). GRANTEE agrees that the amount of state funding shall not exceed thirty-three and thirty-three one hundredths percent (33.33%) of the total cost of the project. The non-state portion of the total cost of the project shall be the GRANTEE’s cost share of the total cost of the project. The amount of the GRANTEE’s cost share shall be Dollar Amount of Minimum Required Match. Page 75 of 115 Page 2 of 21 7. PERIOD OF PERFORMANCE The period of performance under this Contract shall be from the date of the last signature of the contracting parties to June 30, 2023. Without further appropriation from the legislature, expenditures beyond this date shall not be reimbursed. The requirement set forth below in Section 8 to maintain ownership or a lease on the subject property, and to use it for the express purposes of the grant, shall remain in full force and effect for thirteen years following the date of contract completion, as defined in Attachment A. 8. CAPITAL IMPROVEMENTS TO BE HELD BY GRANTEE a. Capital improvements funded by the Heritage Capital Projects grant are to be used for the express purpose of this grant. No funds appropriated for a Heritage Capital Projects grant shall be used for capital improvements not included in the legislative appropriation and specifically designated in this Contract with the AGENCY. b. As required by RCW 27.34.330, capital improvements funded by this grant shall be held by the GRANTEE for at least thirteen (13) years from the date of contract completion; the facilities shall be used for the express purpose of the grant as set forth in this Contract, including Attachments B and C; and, if mobile, used primarily in Washington State. The GRANTEE agrees that it will maintain ownership or lease of ALL property to be held, as described in ATTACHMENT G (PROPERY PARCEL NUMBER(S) AND LEGAL DESCRIPTION(S)), for thirteen (13) years beyond the date of contract completion. Failure to maintain ownership or a lease on the subject property for thirteen years following the date of contract completion shall constitute a breach of this Contract. Pursuant to the terms of this Contract and RCW 27.34.330, if the Grantee is found to be in breach of this Contract, the Grantee shall repay to the state general fund the principal amount of the grant plus interest calculated at the rate of interest on state of Washington general obligation bonds issued most closely to the date of authorization of the grant. c. The AGENCY maintains right of entry for thirteen (13) years from the date of contract completion to ensure continued compliance with this Contract. The GRANTEE will be monitored for continued property control and project outcomes as described in the contract statement of purpose. Monitoring tools appropriate to the project purpose will be determined during the project closeout process and declared in writing from the AGENCY to the GRANTEE. Monitoring tools may include, but are not limited to, reporting of annual metrics as declared in the project closeout letter, scheduled and unscheduled site visits, or requests for images for publication. During the monitoring period, the GRANTEE may request mitigation of monitoring tools to support enhancing the public benefit provided by the GRANTEE. 9. REAPPROPRIATION The parties hereto agree and understand that any state funds not expended and billed by end of the biennium, June 30, 2023, will lapse on that date unless reappropriated by the Washington State Legislature. If funds are so reappropriated, the AGENCY’s obligation under the terms of this Contract shall be contingent upon terms of such reappropriation. GRANTEE may not rely to its detriment upon use of funds not properly billed or not appropriated. The GRANTEE shall be allowed only two requests for reappropriation of the funds awarded in this Contract. Approval of such requests is not guaranteed. 10. RIGHTS AND OBLIGATIONS Page 76 of 115 Page 3 of 21 All rights and obligations of the parties to this Contract are subject to this Contract, which include the following attachments, and which are made a part of this Contract: ATTACHMENT A (GENERAL PROVISIONS) ATTACHMENT B (PROJECT SCOPE OF WORK) ATTACHMENT C (PURPOSE OF PROJECT) ATTACHMENT D (PROJECT BUDGET) ATTACHMENT E (SOURCE OF AVAILABLE FUNDS) ATTACHMENT F (CERTIFICATION OF AGREEMENT TO FOLLOW ALL LAWS) ATTACHMENT G (PROPERTY PARCEL NUMBER(S) AND LEGAL DESCRIPTIONS) ATTACHMENT H (LEASES, CONTRACTS, AND AGREEMENTS) 11. ENTIRE CONTRACT This Contract, including all attachments, constitutes the entire agreement between Agency and Grantee and supersedes all previous written or oral agreements or understandings between the Agency and Grantee related to this Contract. This Contract may be amended as set forth in the Contract Modifications in Attachment A. 12. CONTRACT REPRESENTATIVES The GRANTEE’s representative shall be the contact person for all communications and billings regarding the performance of this Contract. The GRANTEE’s representative shall be: Primary Contact Name Primary Contact Title/Position Organization Name Organization Address Primary Contact Phone Primary Contact Email The AGENCY’s representative shall be the contact person for all communications and billings regarding the performance of this Contract. The AGENCY’s representative shall be: Jennifer (Jay) Baersten, Director of Heritage Outreach Washington State Historical Society 1911 Pacific Avenue, Tacoma, Washington 98402 253-244-1683 jay.baersten@wshs.wa.gov 13. SIGNATURES Jennifer Kilmer, Executive Director Washington State Historical Society Signatory Name Signatory Title Organization Name Federal Tax ID#: Organization Tax ID Page 77 of 115 Page 4 of 21 Date Date Page 78 of 115 Page 5 of 21 CONTRACT #: Contract Number ATTACHMENT A GENERAL PROVISIONS CONTENTS A. HEADINGS AND DEFINITIONS ___________________________________________________ 6 1. Headings ________________________________________________________________ 6 2. Definitions _______________________________________________________________ 6 B. GENERAL CONTRACT TERMS ____________________________________________________ 7 1. Order of Precedence _______________________________________________________ 7 2. Contract Modifications _____________________________________________________ 7 3. No Waiver _______________________________________________________________ 7 C. PERFORMANCE AND GENERAL RESPONSIBILITIES ___________________________________ 8 1. Non assignability __________________________________________________________ 8 2. Independent Capacity of Grantee _____________________________________________ 8 3. Ownership of Project/ Capital Improvements ___________________________________ 8 4. Hold Harmless ____________________________________________________________ 8 5. Acknowledgement ________________________________________________________ 8 6. Ethics Compliance _________________________________________________________ 8 7. Public Disclosure/ Confidentiality _____________________________________________ 9 D. COMPLIANCE WITH LAWS, RECORDS, AND INSPECTIONS _____________________________ 9 1. Compliance with Applicable Law _____________________________________________ 9 2. Records, Reports, and Audits ________________________________________________ 9 3. Right of Entry ___________________________________________________________ 10 4. Evaluation and Monitoring _________________________________________________ 10 5. Hazardous Substances ____________________________________________________ 10 6. Governor’s Executive Order 21-02 ___________________________________________ 10 7. Prevailing Wage Law ______________________________________________________ 10 8. Industrial Insurance Coverage ______________________________________________ 11 9. Nondiscrimination Provision ________________________________________________ 11 E. FUNDING REIMBURSEMENT AND BUDGET ________________________________________ 11 1. Reimbursement__________________________________________________________ 11 2. Recapture of Funds _______________________________________________________ 11 3. Reduction in Funds _______________________________________________________ 12 F. TERMINATION AND DISPUTES __________________________________________________ 12 1. Dispute Resolution _______________________________________________________ 12 2. Termination or Suspension for Cause _________________________________________ 13 3. Termination for Convenience _______________________________________________ 13 4. Termination for Fraud or Misrepresentation ___________________________________ 13 5. Termination Procedures ___________________________________________________ 13 6. Governing Law and Venue _________________________________________________ 14 7. Severability _____________________________________________________________ 14 Page 79 of 115 Page 6 of 21 A. HEADINGS AND DEFINITIONS 1. Headings Headings used in this Contract are for reference purposes only and shall not be considered a substantive part of this Contract. 2. Definitions AGENCY- the Washington State Historical Society. Authorized Representative- an elected or appointed officer of the corporation or agency, or alternate designated in writing by the GRANTEE’s governing authority, who acts officially on the GRANTEE’s behalf. Authorized Signatory- an executive officer of the corporation or agency’s governing authority designated to sign contracts on behalf of the GRANTEE. Cash match- money from the grantee organization or from other sources, which can include grants from foundations, nonstate governmental agencies, individuals, corporations, and others. Cost share- those costs, including cash and in-kind, that the grantee will incur from its own resources or from other cooperating organizations to complete the project described in the Contract. Date of grant authorization- the date the Washington State Legislature initially appropriated funds for the project. Date of contract authorization- the last date of an authorized signature on the Contract Form. Date of contract completion- the date of the project closeout letter from the Agency which initiates the thirteen (13) year monitoring period. GRANTEE- the applicant that has been awarded a grant of funds and is bound by this executed Contract, including any officers, employees, or agents lawfully representing the GRANTEE. Heritage organization- a group whose purpose is to collect, preserve, or interpret history, heritage, and culture. Heritage capital project- project that involves the physical plant of a heritage organization, a historic landscape, archaeological site, historic ship, locomotive, airplane, other transportation conveyance, or acquisition of a property for protection and stabilization of heritage resources or by a heritage organization for purposes of new construction. In-kind contributions- contributions to a project that are not part of cash match. May include materials and supplies, professional consultation, legal and accounting services specific to the project, architectural design fees, and volunteer labor. Local government agency- city or county agency, port district, or public development authority. Page 80 of 115 Page 7 of 21 Nonprofit organization- organization incorporated under the nonprofit laws of the state of Washington and holding a 501(c)(3) tax determination from the IRS. Other entity- As authorized by RCW 27.34.330, an entity that meets all criteria for Heritage capitol project funding and can be considered for a grant award at the discretion of the Washington State Historical Society Real property value- fair market value of real property when such property is acquired solely for the purpose of a heritage capital project. Evidenced by a current fair market appraisal performed by a qualified, professional real estate appraiser. Total project costs- include, but are not limited to, the amount sought from the fund and what the applicant will provide as cost share. B. GENERAL CONTRACT TERMS 1. Order of Precedence The items listed below are incorporated by reference herein. In the event of an inconsistency in this Contract, the inconsistency shall be resolved by giving precedence in the following order. 1. Applicable federal and Washington State statutes and regulations 2. State executive orders 3. Terms and conditions of this Contract 4. ATTACHMENT A (GENERAL PROVISIONS) 5. Other attachments or material incorporated by reference. 2. Contract Modifications a) This Contract may be modified by mutual agreement of the parties. Such modifications shall not be binding unless in writing and signed by both parties prior to implementation of the modifications. Any oral understanding or agreement not incorporated herein shall not be binding. b) Budget modification by the GRANTEE of not more than ten (10) percent of any line item or combination of line items from the Project Budget (Attachment B) is excepted from subsection 2(a). Modifications that increase a line item must be offset by reductions in other line items so there is no increase to the total amount available to the GRANTEE in this grant. c) The GRANTEE shall notify the AGENCY in writing prior to making any budget modification or combination of budget modifications that would exceed ten (10) percent of any line item. Budget modifications exceeding ten (10) percent of any line item or combination of line items constitutes a Contract Modification and must be approved by both parties in writing prior to implementation of the modification. 3. No Waiver Waiver of any default or breach shall not be deemed to be a waiver of any subsequent default or breach. Any waiver shall not be construed to be a modification of the terms of this Contract unless stated to be such in writing signed by the authorized representatives of the AGENCY and the GRANTEE. Page 81 of 115 Page 8 of 21 C. PERFORMANCE AND GENERAL RESPONSIBILITIES 1. Non assignability Neither this Contract nor any claim arising under this Contract shall be transferred or assigned by the GRANTEE without written permission from the AGENCY. 2. Independent Capacity of Grantee The parties intend that an independent relationship will be created by this Contract. The GRANTEE and its employees or agents performing under this Contract are not employees or agents of the AGENCY. The GRANTEE and its employees or agents will not hold themselves out as nor claim to be officers or employees of the AGENCY or of the State of Washington by reason of this Contract and will not make any claim, demand, or application to or for any right or privilege which would accrue to such employee under law. Conduct and control of the work will solely be with the GRANTEE. 3. Ownership of Project/ Capital Improvements The AGENCY makes no claim to any real property improved or constructed with funds awarded under this Contract and does not assert and will not acquire any ownership interest in or title to the capital facilities and/ or equipment constructed or purchased with state funds under this Contract. This provision does not extend to claims that the AGENCY may bring against the GRANTEE in recapturing funds expended in violation of this Contract. 4. Hold Harmless To the extent permitted by law, the GRANTEE shall defend, protect, and hold harmless the State of Washington and the AGENCY, its employees, agents, officers, and assigns from and against all claims, suits, or actions arising from the GRANTEE’s acts or omissions and those of its employees, officers, and agents, including those which are libelous or slanderous, which result in injury to persons or property, which violate a right of confidentiality, or which constitute an infringement of any copyright, patent, trademark, or tradename through use or reproduction of material of any kind. The GRANTEE shall be required to indemnify, defend, and hold harmless the State only to the extent the claim is caused in whole or in part by negligent acts or omissions of the GRANTEE. The GRANTEE waives its immunity under Title 51 RCW (Industrial Insurance) to the extent required to indemnify, defend, and hold harmless AGENCY, the state of Washington and agencies, officials, agents, or employees of the state. 5. Acknowledgement The GRANTEE shall announce in its publicity materials, on a posted sign during the project, and on a permanent marker that the State of Washington is a source and the Washington State Historical Society the administrator of these funds unless such requirement is modified or waived in writing by the AGENCY. 6. Ethics Compliance The AGENCY may, by written notice to the GRANTEE, terminate this Contract if it is found after due notice and examination by the AGENCY that there is a violation of the Page 82 of 115 Page 9 of 21 Code of Ethics for Municipal Officers (Chapter 42.23 RCW) or any similar statute involving the GRANTEE in the procurement of, or the performance under, this Contract. 7. Public Disclosure/ Confidentiality a) The GRANTEE acknowledges that the AGENCY is subject to the Public Records Act (Chapter 42.56 RCW), and that this Contract shall be a public record as defined. Any specific information that is claimed by the GRANTEE to be confidential or proprietary must be clearly identified as such by the GRANTEE. If a request is made to view the GRANTEE’s information marked as confidential, the AGENCY will notify the GRANTEE of the request and the date that such records will be released to the requestor unless the GRANTEE obtains a court order enjoining that disclosure. If the GRANTEE fails to obtain the court order enjoining disclosure, the AGENCY will release the requested information on the date specified. b) The GRANTEE shall not use or disclose any information concerning the AGENCY, or information which may be classified as confidential for any purpose not directly connected with the administration of this Contract except (1) with prior written consent of the AGENCY, or (2) as may be required by law. D. COMPLIANCE WITH LAWS, RECORDS, AND INSPECTIONS 1. Compliance with Applicable Law a) The GRANTEE agrees to be aware of, and comply with, all applicable and current federal, state, and local laws, regulations, and policies. The GRANTEE’s confirmation of this requirement is contained in ATTACHMENT F (CERTIFICATION OF AGREEMENT TO FOLLOW ALL LAWS). AGENCY is not responsible for determining compliance. b) In the event of the GRANTEE’s noncompliance or refusal to comply with any applicable law or policy, the Contract may be suspended or terminated in whole or in part, and the GRANTEE and the project may be declared ineligible for further grant awards from the AGENCY. c) The GRANTEE further agrees to indemnify and hold harmless the AGENCY from all liability, damages, and costs of any nature including but not limited to costs of suits and attorneys’ fees assessed against the AGENCY, as a result of the failure of the GRANTEE to so comply. 2. Records, Reports, and Audits a) The GRANTEE shall maintain books, records, documents, and other evidence of accounting procedures and practices that sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this Contract. These records shall be subject at all reasonable times to inspection, review, or audit by personnel duly authorized by the AGENCY, the Office of the State Auditor, and federal officials so authorized by law, rule, regulation, or Contract. The GRANTEE will retain all books, records, documents, and other materials relevant to this Contract for six years after full termination or expiration of this Contract, which includes the thirteen (13) year monitoring period that begins on the date of the closeout letter at contract completion, and make them available for inspection by persons authorized under this provision. Page 83 of 115 Page 10 of 21 If any litigation, claim, or audit is started before the expiration of the six (6) year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved. b) The GRANTEE shall comply with all auditing requirements, including audit requirements for the expenditure of more than $100,000 or more in total state funds in a fiscal year, if applicable. 3. Right of Entry The GRANTEE shall provide right of access of its facilities to the AGENCY or to any of its officers, or to any other authorized agent or official of the state of Washington or the federal government at all reasonable times, in order to monitor and evaluate performance, compliance, and/ or quality assurance under this Contract. 4. Evaluation and Monitoring a) The GRANTEE shall cooperate with and fully participate in any monitoring or evaluation activities conducted by the AGENCY that are relevant to compliance with this Contract, including providing initial and updated project plans for AGENCY review and approval and facilitating record production and periodic site inspections. b) The GRANTEE shall provide the AGENCY with digital images and narratives that depict the progress made on the project. Such images will be used by the AGENCY to support reimbursement requests and to inform the public about the grant program on the web and elsewhere. Images and narratives shall be provided with each request for reimbursement. 5. Hazardous Substances The GRANTEE will defend, protect, and hold harmless the AGENCY, and any and all of its employees and/ or agents, from and against any and all liability, cost (including but not limited to all costs of defense and attorney’s fees), and any and all loss of any nature from any and all claims or suits resulting from the presence of, or release or threatened release, of hazardous substances as defined in RCW 70.105D.020, on the property covered by the Contract. 6. Governor’s Executive Order 21-02 The GRANTEE shall comply with Governor’s Executive Order 21-02. In the event that historical or cultural artifacts are discovered at the project site during construction, the GRANTEE shall immediately stop construction and notify the local historical preservation officer and the state historical preservation officer at the Washington State Department of Archaeology and Historic Preservation. 7. Prevailing Wage Law The project funded under this Contract may be subject to state Prevailing Wage law (RCW 39.12). The GRANTEE is advised to consult with the Industrial Statistician at the Washington State Department of Labor and Industries to determine whether prevailing wage must be paid. The AGENCY is not responsible for determining whether prevailing wage applies to this project or for any prevailing wage payments that may be required by law. Page 84 of 115 Page 11 of 21 8. Industrial Insurance Coverage The GRANTEE shall comply with all applicable provisions of Title 51 RCW (Industrial Insurance). 9. Nondiscrimination Provision a) During the performance of this Contract, the GRANTEE shall abide by all applicable federal and state nondiscrimination laws and regulations, including but not limited to Washington’s Law Against Discrimination (RCW 49.60) and the Americans with Disabilities Act (42 U.S.C. 12101 et. seq.). b) In the event of the GRANTEE’s noncompliance or refusal to comply with any nondiscrimination law, regulation, or policy, this Contract may be suspended or terminated in whole or in part, and the GRANTEE may be declared ineligible for further Contracts with the AGENCY. The GRANTEE shall, however, be given a reasonable time in which to remedy in accordance with the “Dispute Resolution” procedure set forth in Section 25 of this Contract Attachment. E. FUNDING REIMBURSEMENT AND BUDGET 1. Reimbursement a) Payment to the GRANTEE shall be made on a reimbursement basis only, for eligible costs incurred, using forms provided by the AGENCY. Reimbursement shall be allowed for (1) actual costs incurred and paid. No advance payments shall be made to the GRANTEE. Purchases of goods will be reimbursed upon receipt, and services will be reimbursed upon completion of work. b) Each request for reimbursement shall include a state voucher form and digital images and a narrative report describing the work completed and the status of the project. The reimbursement request shall not include any costs already reimbursed by or charged against any other grant or other source. The voucher must be certified by an official of the GRANTEE with the authority bind the GRANTEE. c) After receiving and approving the voucher and accompanying information, the AGENCY shall promptly remit a warrant to the GRANTEE. The obligation of the AGENCY to pay any amount(s) under this Contract is expressly conditioned upon compliance with the terms of this Contract by the GRANTEE. d) The expenditure of state funds shall not exceed the intended state share of the total cost of the project at any time, and shall be consistent with the Legislative appropriation. e) The final request for reimbursement under this Contract shall be submitted by the GRANTEE to the AGENCY within fifteen (15) days following the completion of the work or other termination of the Contract and be accompanied by a final narrative report and digital images of the completed project. 2. Recapture of Funds In the event that the GRANTEE fails to expend state funds in accordance with state law and/ or the provisions of this Contract, the AGENCY reserves the right to recapture state funds in an amount equivalent to the extent of noncompliance. Repayment by the GRANTEE of state funds under this recapture provision shall occur within thirty (30) days of demand. In the event that the AGENCY is required to institute proceedings to enforce Page 85 of 115 Page 12 of 21 this recapture provision, the AGENCY shall be entitled to its cost thereof, including reasonable attorneys’ fees. 3. Reduction in Funds In the event state funds appropriated for the work contemplated under this Contract are withdrawn, reduced, or limited in any way by the Governor or the Washington State Legislature during the Contract period, the AGENCY may suspend or terminate the Contract under the Termination for Convenience clause without advance notice, subject to renegotiation at the AGENCY’s discretion, under those new funding limitations and conditions. F. TERMINATION AND DISPUTES 1. Dispute Resolution a) The parties shall make every effort to resolve disputes arising out of or relating to this Contract through negotiation. b) Except as otherwise provided in this Contract, when a dispute arises between the parties and it cannot be resolved by direct negotiation, either party may request a dispute hearing according to the process set out in this Section. Either party’s request for dispute hearing must be in writing and clearly state: 1. The disputed issue(s); 2. The relative positions of the parties; 3. The GRANTEE’s name, address, and project title. c) In order for this Section to apply to the resolution of any specific dispute or disputes, the other party must agree in writing that the procedure under this Section shall be used to resolve those specific issues. The dispute shall be heard by a panel of three persons consisting of one person selected by the GRANTEE, one person selected by the AGENCY, and a third person chosen by the two persons initially appointed. d) Any hearing under this Section shall be informal, with the specific processes to be determined by the dispute panel according to the nature and complexity of the issues involved. The process may be solely based upon written material if the parties so agree. The dispute panel shall be governed by the provisions of this Contract in deciding the dispute(s). e) The parties shall be bound by the decision of the dispute panel, unless the remedy directed by that panel is outside the legal authority of either or both parties to perform as necessary, or is otherwise unlawful. f) Request for a dispute hearing under this Section by either party shall be delivered or mailed to the other party. The request shall be delivered or mailed within thirty (30) days of the date the requesting party has received written notice of the action or position of the other party that it wishes to dispute. The written agreement to use the process under this Section for resolution of those issues shall be delivered or mailed by the receiving party to the requesting party within thirty (30) days of receipt by the receiving party of the request. g) All costs associated with implementation of this process shall be shared equally by the parties. Page 86 of 115 Page 13 of 21 2. Termination or Suspension for Cause a) In the event the AGENCY determines the GRANTEE has failed to comply with the conditions of this Contract the AGENCY has the right to suspend or terminate the Contract. Before suspending or terminating the Contract, the AGENCY shall notify the GRANTEE in writing of the need to take corrective action. If corrective action is not completed within 30 days of receiving notice, the Contract may be terminated or suspended. b) In the event of termination or suspension for cause, the AGENCY may require the GRANTEE to repay all or any portion of the state funds paid to the GRANTEE prior to termination. c) The AGENCY may enforce this Contract by the remedy of specific performance, which includes, but is not limited to, completion of the project as described in this Contract. However, the remedy of specific performance shall not be the sole or exclusive remedy available to the AGENCY. No remedy available to the AGENCY shall be deemed exclusive. The AGENCY may elect to exercise any combination, or all of the remedies available to it under this Contract, or under any provision of law, common law, or equity. 3. Termination for Convenience a) Notwithstanding any provisions of this Contract, either party may terminate this Contract by providing the other party with written notice of such termination, specifying the effective date thereof, at least thirty (30) days prior to such date. b) In the event this Contract is terminated, the GRANTEE shall be reimbursed for eligible expenses incurred prior to the effective date of such termination and not otherwise paid for by the AGENCY, as the AGENCY reasonably determines. 4. Termination for Fraud or Misrepresentation In the event the GRANTEE commits fraud or makes any misrepresentation in connection with the grant application or during the performance of this Contract, the AGENCY reserves the right to terminate or amend this Contract accordingly, including the right to recapture all funds disbursed to the GRANTEE under the grant. 5. Termination Procedures a) After receipt of a notice of termination, except as otherwise directed by the AGENCY, the GRANTEE shall: i. Stop work under the Contract on the date, and to the extent specified, in the notice; ii. Place no further orders or sub-grants for materials, services, or facilities related to the Contract; iii. Preserve and transfer any materials, Contract deliverables and/ or AGENCY property in the GRANTEE’s possession as directed by the AGENCY. b) Upon termination of the Contract, the AGENCY may pay the GRANTEE for any service provided by the GRANTEE under the Contract prior to the date of termination, unless the AGENCY reasonably determines in its sole discretion that the amount due is necessary to protect the AGENCY against potential loss or liability resulting from the termination. The AGENCY shall pay any withheld amount due up to the date of termination to the GRANTEE if the AGENCY later Page 87 of 115 Page 14 of 21 determines that a loss or liability will not occur. GRANTEE shall not be paid for any work done after the termination date. c) The rights and remedies of the AGENCY under this Section are in addition to any other rights and remedies provided under this Contract or otherwise provided under law. 6. Governing Law and Venue This Contract shall be construed and enforced in accordance with, and the validity and performance hereof shall be governed by, the laws of the state of Washington. Venue of any suit between the parties arising out of this Contract shall be the Superior Court of Thurston County, Washington. The GRANTEE, by execution of this Contract acknowledges the jurisdiction of the courts of the State of Washington. 7. Severability If any provision of this Contract or any provision of any document incorporated by reference shall be held invalid, such invalidity shall not affect the other provisions of the Contract which can be given effect without the invalid provision, if such remainder conforms to the requirements of applicable law and the fundamental purpose of this Contract, and to this end the provisions of this Contract are declared to be severable. Page 88 of 115 Page 15 of 21 CONTRACT #: Contract Number ATTACHMENT B PROJECT SCOPE OF WORK PROJECT SCOPE OF WORK NARRATIVE Narrative Summary/Description of Scope of Work PROJECT SCOPE OF WORK LIST Element of Work Description Element of Work #1 Element Description #1 Element of Work #2 Element Description #2 Element of Work #3 Element Description #3 Etc. CERTIFICATION The GRANTEE, by its signature, certifies that the Project Scope of Work set forth above has been reviewed and approved by the GRANTEE’s governing body or board of directors, as applicable, as of the date written below. The GRANTEE shall make all plans and documents funded in whole or in part by this contract available to the AGENCY upon reasonable request. Signatory Name Signatory Title Organization Name Date Page 89 of 115 Page 16 of 21 CONTRACT #: Contract Number ATTACHMENT C PROJECT PURPOSE PROJECT PURPOSE Narrative Description of Project Purpose and History Standards CERTIFICATION The GRANTEE, by its signature, certifies that the express purpose of the grant as described in Project Purpose set forth above has been reviewed and approved by the GRANTEE’s governing body or board of directors, as applicable, as of the date written below. Signatory Name Signatory Title Organization Name Date Page 90 of 115 Page 17 of 21 CONTRACT #: Contract Number ATTACHMENT D PROJECT BUDGET Cost Category Grantee Cost Share Cash Match Grantee Cost Share In-Kind HCP Grant Funds Construction and Rehabilitation $0.00 $0.00 $0.00 Design and Pre-Construction $0.00 $0.00 $0.00 Property Acquisition $0.00 $0.00 $0.00 Cost Share Subtotal $ 0.00 $ 0.00 Reimbursable Amount Subtotal $ 0.00 HCP Admin $0.00 Total Project Cost $ 0.00 Percentages 0% 0% 0% CERTIFICATION The GRANTEE, by its signature, certifies that the Project Budget set forth above has been reviewed and approved by the GRANTEE’s governing body or board of directors, as applicable, as of the date written below, and that the total GRANTEE cost share required for the project shall be received and expended by June 30, 2023. Signatory Name Signatory Title Organization Name Date Page 91 of 115 Page 18 of 21 CONTRACT #: Contract Number ATTACHMENT E SOURCE OF AVAILABLE FUNDS Source Type of Funds Year Amount Source of Funds #1 Type of Funds Year $0.00 Source of Funds #2 Type of Funds Year $0.00 Source of Funds #3 Type of Funds Year $0.00 Etc. Type of Funds Amount Available Cash Cost Share $0.00 Available In-Kind Cost Share $0.00 Subtotal of all Non-State Funding $0.00 Grant Funds (Legislative Appropriation) Dollar Amount Appropriated Total Project Funds Available $0.00 CERTIFICATION The GRANTEE certifies the Source of Available Funds have been reviewed and approved by the GRANTEE’s governing body or board of directors as of the date of last contract signature. By so doing, the GRANTEE certifies that 100% of these funds are in hand by the execution date of this Contract. All match funds are committed in writing from respective sources and are available, and will remain committed and available solely and specifically for carrying out the project as described in this Contract. Cash match and in-kind match funds are regarded as funds restricted for use solely for the contract project purposes and are committed as such in the GRANTEE’s accounting. The GRANTEE shall maintain records sufficient to evidence that it has expended or has access to the committed funds, and shall make such records available for the AGENCY’s review upon request. Signatory Name Signatory Title Organization Name Date Page 92 of 115 Page 19 of 21 CONTRACT #: Contract Number ATTACHMENT F CERTIFICATION OF AGREEMENT TO FOLLOW ALL LAWS CERTIFICATION The GRANTEE, by its contract signature, certifies that it shall be aware of and comply with all applicable and current federal, state, and local laws, regulations, policies, as now or hereinafter amended including, but not limited to those related to: • Governor’s Executive Order 21-02 (regarding prior preservation review and ongoing consultation by the state and concerned tribes for any capital projects or land acquisition projects for the purpose of capital construction) • Prevailing Wage Law - RCW 39.12 • Hazardous Substances - RCW 70.105D • Industrial Insurance - RCW 51 • Washington Law Against Discrimination - RCW 49.60 • Americans with Disabilities Act - 42.U.S.C. 12101 et. esq. • High Performance Public Buildings (LEED) - RCW 39.35D • Greenhouse Gas Emissions - RCW 70.235 Signatory Name Signatory Title Organization Name Date Page 93 of 115 Page 20 of 21 CONTRACT #: Contract Number ATTACHMENT G PROPERTY PARCEL NUMBER(S) AND LEGAL DESCRIPTION(S) For all projects: Name: Property Name Permanent Address: Property Address Historic Designation (if applicable): Property Historic Designation Status Washington State Legislative District #: Property Legislative District GPS Coordinates: Property Latitude, Property Longitude Parcel #: Property Parcel Number Legal Description: Property Legal Description Other information (adapt as needed): Legal Owner: Property Legal Owner Year Built: Property Year Built Home Port: U.S. Registry #: Vessel Service: CERTIFICATION The GRANTEE, by its signature, certifies that the information set forth above, including property parcel number(s) and legal description(s), have been reviewed and approved by the GRANTEE’s governing body or board of directors, as applicable, as of the date of last contract signature. Signatory Name Signatory Title Organization Name Date Page 94 of 115 Page 21 of 21 CONTRACT #: Contract Number ATTACHMENT H LEASES, CONTRACTS, AND AGREEMENTS Document Title Parties Date of Execution Date of Expiration Recorded In Easement Parties Date Date Location Lease Parties Date Date Location MOA Parties Date Date Location Etc. CERTIFICATION The GRANTEE, by its signature, certifies that the leases, contracts and agreements as described in the grant application and defined above have been reviewed and approved by the GRANTEE’s governing body or board of directors, as applicable, as of the date written below. The GRANTEE also certifies that it has read and understands its obligation to hold the property for 13 years from the date of contract completion and to use the property for the express purposes of the grant as set forth in this Contract. The Grantee further certifies that it shall provide the AGENCY with notice of any and all modifications or additions to all leases, contracts and agreements made during the Contract Period of Performance or during the thirteen years following GRANTEE’s completion of the project. Signatory Name Signatory Title Organization Name Date Page 95 of 115 AGENDA BILL APPROVAL FORM Agenda Subject: Resolution No. 5726 (Legal) Date: July 12, 2023 Department: Legal Attachments: Res olution No. 5726 Exhibit A Budget Impact: Current Budget: $0 Proposed Revision: $0 Revised Budget: $0 Administrativ e Recommendation: City Council to approve Resolution No. 5726. Background for Motion: The telecommunication tower lease has been providing revenue for the Parks Capital Fund since 2006. Executing this amendment will not only increase the annual revenue the Parks Capital Fund receives from this lease but will also secure the revenues for up to an additional twenty years. Background Summary: This telecommunications tower lease has existed at Auburn Game Farm Park since 2006. An extended term of the lease is set to expire in 2026. The lease currently generates roughly $61,000 in revenue annually. This 1st Amendment would add up to an additional twenty (20) years to the lease. In addition to the extended term, the City would receive a one-time payment of $15,000 due upon execution of the amendment, plus 15% of the revenues (“Revenue Share”) the tenant is able to generate from operating the tower, paid annually over the remaining life of the lease. Between June 2022 and May 2023, the Revenue Share would have equaled an additional $20,000 in rent. All revenues generated from this lease will continue to be placed in the Parks Capital Fund. Rev iewed by Council Committees: Councilmember:Baldwin Staff:Legal Meeting Date:July 17, 2023 Item Number:RES.B Page 96 of 115 -------------------------------- Resolution No. 5726 April 4, 2023 Page 1 of 2 Rev. 2019 RESOLUTION NO. 5726 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO EXECUTE THE FIRST AMENDMENT TO THE SITE AGREEMENT BETWEEN THE CITY OF AUBURN AND SBA 2012 TC ASSETS LLC RELATED TO LEASING GAME FARM PARK PROPERTY FOR A TELECOMMUNICATIONS TOWER WHEREAS, in 2006 the City of Auburn entered into a lease agreement with Sprint for the locating of an antenna tower in Game Farm Park; and WHEREAS, Sprint later assigned the lease to SBA 2012 TC Assets, a Florida company, who continued as the lessee through the initial term of the lease; and WHEREAS, an extended term of the lease agreement will expire in 2026 and the City and SBA desire at this time to renew and extend the agreement and revise its various terms and conditions. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, RESOLVES as follows: Section 1. The Mayor shall execute the First Amendment to the Site Agreement between the City of Auburn and SBA 2012 TC Assets, which amendment shall be in substantial conformity with the agreement attached as Exhibit A. Section 2. The Mayor is authorized to implement those administrative procedures necessary to carry out the directives of this legislation. Page 97 of 115 -------------------------------- Resolution No. 5726 April 4, 2023 Page 2 of 2 Rev. 2019 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: ______________________________ City Attorney Page 98 of 115 Page 99 of 115 Page 100 of 115 Page 101 of 115 Page 102 of 115 Page 103 of 115 Page 104 of 115 Page 105 of 115 Page 106 of 115 AGENDA BILL APPROVAL FORM Agenda Subject: Resolution No. 5727 (Faber) Date: July 7, 2023 Department: Parks/Art and Recreation Attachments: Res olution No. 5727 Budget Impact: Current Budget: $58,487 Proposed Revision: $50,000 Revised Budget: $108,487 Administrativ e Recommendation: City Council to approve Resolution No. 5727. Background for Motion: The proposed Resolution is to accept a grant from the NRPA for pathway improvements at Auburndale Park. Background Summary: The $50,000 that NRPA has granted the City will be for removing the existing and dilapidated asphalt pathways (damage from tree roots) at Auburndale Park and replaced with new ADA- compliant compacted gravel pathways. Rev iewed by Council Committees: Councilmember:Jeyaraj Staff:Faber Meeting Date:July 17, 2023 Item Number:RES.C Page 107 of 115 -------------------------------- Resolution No. 5727 July 6, 2023 Page 1 of 2 Rev. 2019 RESOLUTION NO. 5727 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF AUBURN AND THE NATIONAL RECREATION AND PARK ASSOCIATION TO ACCEPT AND EXPEND GRANT FUNDS FOR IMPROVEMENTS TO THE PAVED PATHWAY SYSTEM AT AUBURNDALE PARK WHEREAS, the National Recreation and Parks Association (“NRPA”), has collaborated with the Bobcat Company to provide for local park and recreation agencies to enhance community and environmental resilience, with a focus on park improvement and restoration; and WHEREAS, the NRPA has awarded the City with a grant in the amount of $50,000.00 to help remove the existing asphalt pathways within the forested area of Auburndale Park and replace with new ADA-accessible gravel paths; and WHEREAS, to receive the funds, the City must execute a grant agreement with the NRPA. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, RESOLVES as follows: Section 1. The Mayor is authorized to execute an agreement between the City and the NRPA for grant funds in the amount of $50,000.00, which agreement will be in substantial conformity with the agreement attached as Exhibit A, and to expend such funds. Section 2. The Mayor is authorized to implement those administrative procedures necessary to carry out the directives of this legislation. Page 108 of 115 -------------------------------- Resolution No. 5727 July 6, 2023 Page 2 of 2 Rev. 2019 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: ____________________________ City Attorney Page 109 of 115 AGENDA BILL APPROVAL FORM Agenda Subject: Resolution No. 5728 (Gaub) Date: July 10, 2023 Department: Public Works Attachments: Res olution No. 5728 Applicant Certification Vicinity Map Budget Impact: Current Budget: $0 Proposed Revision: $0 Revised Budget: $0 Administrativ e Recommendation: City Council to approve Resolution No. 5728. Background for Motion: This Resolution would authorize the potential use a Public Works Trust Fund Loan for $3 million to finance the construction of the Auburn Way South Improvements Hemlock Street SE to Poplar Street SE project. Background Summary: Resolution No. 5728 authorizes the certification of the application for, and the acceptance of, a Public Works Trust Fund Loan for $3 million from the Washington State Public Works Board to finance the construction of the Auburn Way South transportation improvements from Hemlock Street SE to Poplar Street SE, project number CP1622. Should the City receive this loan, the $3 million traffic impact fees budgeted to fund this project would be reallocated to other projects to improve system capacity in other locations. The City’s Finance Director reviewed and supported the application. The loan would be repaid over 20 years with Traffic Impact Fees. This project will widen the roadway between Hemlock Street SE and Poplar Street SE to create a five-lane cross section with two general purpose travel lanes in each direction, and a two-way center left-turn lane. Curb and gutter, 10-foot sidewalks, illumination, transit stop improvements including the addition of an enhanced crosswalk with RRFB and a median refuge island, storm water improvements, and access management (where feasible) with accommodation for U-turns are proposed. This project is an extension of the recently completed improvements currently terminating at the Hemlock Street SE intersection. In addition, this project completes the widening of Auburn Way South on either side of the recently completed roundabout at Chinook Elementary. Rev iewed by Council Committees: Councilmember:Brown Staff:Gaub Page 110 of 115 Meeting Date:July 17, 2023 Item Number:RES.D Page 111 of 115 ----------------------------- Resolution No. 5728 July 17, 2023 Page 1 RESOLUTION NO. 5728 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO EXECUTE AND ADMINISTER WASHINGTON STATE PUBLIC WORKS TRUST FUND LOAN DOCUMENTS TO FINANCE ROADWAY IMPROVEMENTS ON AUBURN WAY SOUTH FROM HEMLOCK STREET SE TO POPLAR STREET SE (PROJECT CP1622) WHEREAS, the City’s Transportation Improvement Program (TIP) includes Project CP1622, which is a project to construct roadway improvements on Auburn Way South from Hemlock Street SE to Poplar Street SE (Project); and WHEREAS, to finance the Project, the City has applied for a $3,000,000 competitive loan from the Washington State Public Works Board, to be repaid over 20 years with Traffic Impact Fees. The City anticipates that the Board will approve the City’s loan application; and WHEREAS, it is in the best interest of the City to use Public Works Board loan proceeds to finance the construction of the Project. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, HEREBY RESOLVES as follows: Section 1. The Mayor is authorized to certify the City’s Public Works Trust Fund Loan application. Section 2. The Mayor is authorized to execute and administer a loan agreement between the City and the Washington State Public Works Board for a total of $3,000,000 or such other loan amounts authorized by the Washington State Public Works Board. Page 112 of 115 ----------------------------- Resolution No. 5728 July 17, 2023 Page 2 Section 3. The Mayor is authorized to negotiate, enter, and administer agreements to spend the loan funds for the Project, and to implement other administrative procedures necessary to carry out the directives of this legislation. Section 4. This Resolution shall take effect and be in full force upon passage and signatures. Dated and Signed this _____ day of _________, 20 23. CITY OF AUBURN NANCY BACKUS, MAYOR ATTEST: ______________________ Shawn Campbell, City Clerk APPROVED AS TO FORM: _____________________ City Attorney Page 113 of 115 Attachment - Applicant Certification WHEREAS, City of Auburn is applying to the Washington State Public Works Board for a low-interest loan for an eligible project; and WHEREAS, RCW 43.155.070 requires that applicants planning under RCW 36.70A.040 must have adopted comprehensive plans in conformance with the requirements of chapter 36.70A RCW, and must have adopted development regulations in conformance with requirements of chapter 36.70A RCW; and WHEREAS, RCW 70A.205.055 requires a comprehensive Solid Waste Management Plan to be adopted by the city or county; and WHEREAS, RCW 70.235.070 requires Greenhouse Gas Emission Reduction requirement; and WHEREAS, RCW 43.155.070(8) requires that solid waste or recycling facility is consistent with and necessary to implement the comprehensive solid waste management plan adopted by the city or county under chapter 70A.205.055 RCW. WHEREAS, the applicant certifies that it has a currently adopted plan for each and every one of the systems it owns and operates and that these plans fully conform to the specifics within this application; and WHEREAS, RCW 43.155.070 requires that county and city applicants must have adopted the local optional one-quarter of one percent Real Estate Excise Tax, as described in chapter 82.46 RCW; and WHEREAS, the local government must be using all local revenue sources which are reasonably available for funding public works, taking into consideration local employment and economic factors; and WHEREAS, the applicant states that their Capital Facility Plan is consistent with the Comprehensive Land Use Plan of the jurisdiction in which they provide service; and WHEREAS, the local governing body has approved submission of this application to the Public Works Board; and WHEREAS, the applicant certifies that, there is currently no litigation in existence seeking to enjoin the commencement or completion of the above-described public facilities project or to enjoin the applicant from repaying the loan extended by the Public Works Board with respect to such project. The applicant is not a party to litigation, which will materially affect its ability to repay such loan on the terms contained in the loan agreement. WHEREAS, the applicant recognizes and acknowledges that the information in the application forms is the only information, which will be considered in the evaluation and/or rating process. Incomplete responses will result in a reduced chance of funding. In order to ensure fairness to all, the Public Works Board does not accept any additional written materials or permit applicants to make presentations before the Board; and WHEREAS, it is necessary that certain conditions be met as part of the application process; and WHEREAS, RCW 43.155.060(3) requires that the project will be advertised for competitive bids and administered according to standard local procedure; and WHEREAS, the loan will not exceed the maximum amount allowed by the Public Works Board of eligible costs incurred for the project; and WHEREAS, any loan arising from this application constitutes a debt to be repaid, and Jamie Thomas/ Director of Finance has reviewed and concluded it has the necessary capacity to repay such a loan; and WHEREAS, the information provided in this application is true and correct to the best of the government’s belief and knowledge and it is understood that the state may verify information, and that untruthful or misleading information may be cause for rejection of this application or termination of any subsequent loan agreement(s); and NOW THEREFORE, City of Auburn certifies that it meets these requirements, and further that it intends to enter into a loan agreement with the Public Works Board, provided that the terms and conditions are satisfactory to both parties. Signed: Name: Title: Date: Page 114 of 115 666.7 NAD_1983_StatePlane_Washington_North_FIPS_4601_Feet Feet666.7333.30 1:4,000 Auburn Way S (SR-164) - Hemlock to Poplar 1in =333 ft 6/5/2019Printed Date: Map Created by City of Auburn eGIS Imagery Date: May 2015 Information shown is for general reference purposes only and does not necessarily represent exact geographic or cartographic data as mapped. The City of Auburn makes no warranty as to its accuracy. Auburn Way South (SR164) A u b u r n W a y S o u t h ( S R 1 6 4 ) Project Limits Page 115 of 115