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HomeMy WebLinkAbout2005.10.24 Council Workshop Packet AGENDA PASCO CITY COUNCIL Workshop Meeting 7:00 p.m. October 24,2005 1. CALL TO ORDER 2. VERBAL REPORTS FROM COUNCILMEMBERS: 3. ITEMS FOR DISCUSSION: (a) Tourism Promotion Area. (NO WRITTEN MATERIAL ON AGENDA.) Presented by Kris Watkins, President and CEO, Tri-Cities Visitor& Convention Bureau. (b) Request to the Bonneville Power Administration (BPA) for a maximum rate of $27 per Megawatt Hour: 1. Agenda Report from Elden Buerkle,Management Assistant dated October 21, 2005. 2. Proposed Resolution. (c) Waiver of Utility Service Requirement-Tharen & Shelly Woody,PMC Chapter 16.06: 1. Agenda Report from Doug Bramlette,City Engineer dated October 20, 2005. 2. Petition for Utility Service Waiver. 3. Vicinity Map. (d) Waiver of Utility Service Requirement - Gerard & Roxanne Van Houdt, PMC Chapter 16.06: 1. Agenda Report from Doug Bramlette, City Engineer dated October 20, 2005. 2. Petition for Utility Service Waiver. 3. Vicinity Map. (e) Adoption of Regulations for the Community Housing Improvement Program(CHIP): 1. Agenda Report from Richard J. Smith, Community &Economic Development Director and Cruz R. Gonzalez, Urban Development Coordinator dated October 20, 2005. 2. CHIP Summary and Regulations (Council packets only; copy of regulations available in Community Development Department for public review). 3. Map of Target Areas. 4. Resolution Adopting Regulations. (f) Consultant Assistance for the Administration of the Community Housing Improvement Program(CHIP): 1. Agenda Report from Richard J. Smith, Community &Economic Development Director and Cruz R. Gonzalez, Urban Development Coordinator dated October 19, 2005. 2. Creative Housing Solutions Statement of Qualifications. 3. Map of Target Areas. 4. Professional Services Agreement. (g) Contract for Services with The Building Department, Inc.: 1. Agenda Report from Richard J. Smith, Community & Economic Development Director dated October 17, 2005. 2. Contract for Services between the City of Pasco and The Building Department, Inc. (h) Correction of 1999 UTGO Bond Ordinance: 1. Agenda Report from Jim Chase,Finance Manager dated October 19, 2005, 2. Proposed Ordinance (Council packets only; copy available in Finance Manager's office for public review). 3. Cover sheet of original Official Statement dated September 28, 1999. (i) Snow Removal Assistance Agreements: 1. Agenda Report from Robert J. Alberts,Public Works Director dated October 19, 2005. (j) Water Rights Management MOA: 1. Agenda Report from Gary Crutchfield, City Manager dated October 19, 2005, 2. Proposed Memorandum of Agreement(MOA). (k) Ainsworth Overpass Project Funding: 1. Agenda Report from Gary Crutchfield, City Manager dated October 20, 2005. 2. Proposed Letter of Agreement. (1) Joint Planning of Regional Centers: 1. Agenda Report from Gary Crutchfield, City Manager dated October 21, 2005. 2. Proposed Interlocal Agreement. Workshop Meeting 2 October 24,2005 (m) Policy Questions for Community Survey: 1. Agenda Report from Gary Crutchfield, City Manager dated October 21, 2005. 2. Memorandum from Management Assistant dated 10/21/05. 4. OTHER ITEMS FOR DISCUSSION: (a) (b) (c) 5. EXECUTIVE SESSION: (a) (b) (c) 6. ADJOURNMENT. REMINDERS: 1. 4:00 p.m., Monday, October 24, Port of Benton — Hanford Area Economic Investment Fund Board Meeting. (COUNCILMEMBER MATT WATKINS) 2. 7:30 a.m., Thursday, October 27 — Tri-Cities Visitor & Convention Bureau Board Meeting. (COUNCILMEMBER TOM LARSEN) 3. 4:00 p.m., Thursday, October 27 — TRIDEC Board Meeting. (MAYOR MIKE GARRISON, Rep.; MATT WATKINS,Alt.) 4. 5:30 p.m., Thursday, October 27, 710 W. Court Street — Community Action Committee Board Meeting. (COUNCILMEMBER EILEEN CRAWFORD,Rep.; JOE JACKSON, Alt.) 5. 7:00 p.m., Thursday, October 27, 800 W. Canal Drive — Benton Franklin District Board of Health Meeting. (COUNCILMEMBERS REBECCA FRANCIK and MATT WATKINS) 1 AGENDA REPORT FOR: City Council Workshop Mtg: October 24, 2005 Regular Mtg: November 7, 2005 TO: Gary Crutch Manager 4 FROM: Elden Buerkle Management Assistant SUBJECT: Request to the Bonneville Power Administration (BPA) for a Maximum Rate of$27 Per Megawatt Hour DATE: October 21, 2005 I. REFERENCE(S): Proposed Resolution. I1. ACTION REQUESTED OF COUNCIL 1 STAFF RECOMMENDATIONS: 14124 PRESENTATION BY PUD REPRESENTATIVES. 11/7 MOTION: I move to approve the resolution requesting the Bonneville Power Administration maintain a maximum rate of$27 per megawatt hour. III. FISCAL IMPACT: If the BPA wholesale electrical rate is kept to a maximum of$27 per megawatt hour, the city will realize savings on electrical costs; in addition, the city goal of expanding private industrial investment will not be frustrated by high electrical rates. III. HISTORY AND FACTS BRIEF: Prior to the 2001 West Coast energy crisis, BPA average wholesale rates were less than $23 per megawatt hour. The BPA is contemplating a power rate structure that will increase wholesale rates above current high levels for the upcoming 2007-2009 rate period. Today's current average wholesale rate of $31 per megawatt hour far exceeds historical averages for power rates in the Northwest and represents an increase of almost 50 percent in less than five years. IV. DISCUSSION: Representatives from the Franklin County PUD will explain to the Council their reasons for requesting that the BPA maintain a maximum wholesale rate of $27 per megawatt hour and request the Council's support in the effort to achieve BPA agreement to the request to limit wholesale rates. I 3(b) RESOLUTION NO. A RESOLUTION requesting that the Bonneville Power Administration (BPA) establish a maximum wholesale power rate of$27 per average megawatt hour, inclusive of all costs, for the 2007-2009 rate period. WHEREAS, the ability of the BPA to deliver low cost power has been a cornerstone to the economic success of the Northwest region; and WHEREAS, the BPA is contemplating for the 2007-2009 period a rate structure that would increase wholesale power rates above current high levels; and WHEREAS, the economic stability of the Northwest region depends upon reliable and affordable power; and WHEREAS, a rate structure above current record high levels will have a significant negative impact on the economy, employment and competitiveness of the Northwest region; and WHEREAS, economic development objectives of the City of Pasco are being frustrated by current high electrical rates; and WHEREAS, prior to the 2001 West Coast energy crisis, BPA average wholesale rates were less than $23 per megawatt hour; and WHEREAS, today's current average wholesale rate of $31 per megawatt hour far exceeds historical averages for power rates in the Northwest and.represents an increase of almost 50 percent in less than five years; and WHEREAS, a $27 per megawatt hour rate target is reasonable based on BPA data and would represent an approximate 10 percent reduction from today's record rates; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO RESOLVE AS FOLLOWS: That the Pasco City Council supports the establishment of a maximum wholesale power rate of$27 per average megawatt hour, inclusive of all costs, for the BPA 2007-2009 rate period; and further, that the Pasco City Council joins the request to the BPA of the Public Utility District No. 1 of Franklin County and their partners in the Northwest Coalition for Affordable Power to establish a rate of$27 per megawatt hour for 2007-2009. Passed by the City Council of the City of Pasco this 7th day of November 2005. Michael Garrison, Mayor ATTEST: APPROVED AS TO FORM: Sandy Kenworthy,Deputy City Clerk Leland B. Kerr, City Attorney III AGENDA REPORT NO. 33 FOR: City Council DATE: 10/20/05 TO: Gary Crutchfi Manager Workshop: 10/24/05 Robert J. Albe s, Public Works Director Regular: 11/07/05 FROM: Doug Bramlette, City Engineee� SUBJECT: Waiver of Utility Service Requirement—Tharen &Shelly Woody P.M.C. Chapter 16.06 I. REFERENCE(S): 1. Petition for Utility Service Waiver 2. Vicinity Map II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 10/24: Discussion 11/07: MOTION: I move to approve the sewer utility service waiver as requested by Tharen & Shelly Woody. III. FISCAL IMPACT: NONE IV. HISTORY AND FACTS BRIEF: In September of this year, Tharen & Shelly Woody applied for a utility service wavier to build an addition to the existing single family home at 2104 Road 72 without the benefit of City sewer service, but with an engineered septic tank and drain field. P.M.C. 16.06 requires new homes to connect to the utility system unless such requirement is waived by action of the City Council. Since there are no sewers at the property, the applicant is requesting permission to install a larger septic tank system than the system that is currently on the property, to support the larger home. Staff will require a letter from the Benton-Franklin Heath Department as to the adequacy of the septic tank and drain field system. P.M.C. Sections 16.06.030 and 16.06.040 provide the City Council with a process to waive utility requirements where deemed appropriate. V. DISCUSSION: A. Any determination or decision by the City Council to waive utility requirements is to be based upon the waiver criteria provided in P.M.C. 16.06.040 as follows: (1) Special circumstances applicable to the property in question or the intended use that do not generally apply to other properties or classes of uses in the same vicinity or Zoning classification. The length of the sewer main to serve this lot may require a lift station and approximately 5700 linear feet of sewer main. Extension of the sewer main by the City is not expected in the near future. 3(c) (2) A waiver is necessary for the preservation and enjoyment of a substantial property right or use possessed by other properties in the same vicinity and the same zoning classification, which because of special circumstances is denied to the property in question. Other properties with the same zoning were developed with septic systems prior to annexation. A waiver is necessary for this property unless the City commits to extension of the sewer main in 2006. (3) The granting of the waiver will not be detrimental to the public welfare or injurious to other property improvements in such vicinity and zoning classification, which the subject is located. All other developed properties in the vicinity and within the same zoning district are developed with septic systems. In the past, the Council has approved utility waivers with conditions that: (a) Require the applicant to participate in future L.I.D. or U.L.I.D. activities commenced by petition or resolution that would involve the property in question; (b) Require the applicant to pay an equitable share of any private utility extensions abutting the applicant's property. (4) The granting of a waiver will not conflict with the general intent of this chapter. The International Building Code requires permanent structures to be provided with adequate health and sanitation facilities. The intent of P.M.C. 16.06 appears to support the International Building Code. A building with a septic tank/drain field would temporarily meet the sanitation requirements of the International Building Code and would, therefore, meet the intent of P.M.C. 16.06. In the long term, health and sanitation requirements for this property would be better served by a sanitary sewer line. To insure the property will be contributing to the sewer system in the future, the property owner should be required to connect to services and participate in the cost of extending water and sewer to the property by an L.I.D. or any other means. B. Based upon review of the criteria above, staff would recommend a waiver be granted provided the applicant signs the standard Utility Service Waiver Agreement prior to council meeting (to assure acceptance of standard conditions). CITY OF PASCO PETITION FOR UTILITY SERVICE WAIVER PLEASE COMPLETE THE APPLICATION CLEARLY AND ACCURATELY /1I E 1/ Q V S h 4 6d (Name of Owner/Applicant)(I st fiarty) (Name of ner/Applican (2nd party) (Address) (Address) ea�do ) gg3o j (Phone) (Phone) General Location of Property: l 7 6,o G(J e-vi (give location relative to streets, intersections, etc.) Legal Description of Property for which the Utility Waiver is requested: Current Land Use of Property: 1) Type of utility waiver requested? Water X Sewer X—_ 2) Describe the reason for requesting a waiver from the requirement to connect to the municipal water and/or sewer system? �� iF S' �' t Woo 1 d �OS7 1 6 �o0Pk,!T- 3) Describe alternative method of utility provision from which a waiver is requested? c c,t T S v O Pty? _ r 4) Special circumstances applicable to the property in question or intended use? 5) What changed or changing conditions warrant the proposed Utility Waiver? 6) What other properties in the same vicinity and within the same zoning district have received a Utility Waiver or are not connected to one of both or the municipal utility systems? 7) How will the public health and welfare be protected by granting the Utility Service Waiver? 2104 ROAD 72 REQUEST FOR SEWER WAIVER (3) SP 8 15 r R ar r M Aw 'r ra Sw•wr • VMS A d SP 78-2 0 i (2) r 0v (2) SP 81-25 11 cl 7 Sit r ar t ayr SP 78-3 (2) e A (1) —17 0-0 1 (2) (1) ac f (2) r s an SP 78-1 ww r o mw g 21 2 AGENDA REPORT NO. 32 FOR: City Council DATE: 10/20/05 TO: Gary Crutch i it Manager Workshop: 10/24/05 Robert J. Alberi Works Director Regular: 11/07/05 FROM: Doug Bramlette, City Engineer SUBJECT: Waiver of Utility Service Requirement—Gerard &Roxanne Van Houdt P.M,C. Chapter 16.06 I. REFERENCE(S): I. Petition for Utility Service Waiver 2. Vicinity Map II. ACTION REOUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 10/24: Discussion 11/07: MOTION: I move to deny the sewer utility service waiver as requested by Gerard & Roxanne Van Houdt for 1415 Road 77. III. FISCAL IMPACT: NONE IV. HISTORY AND FACTS BRIEF: The applicant has requested a sewer waiver in order to build a new home on a vacant lot at 1415 Road 77 (Riverview Homes Addition, Block 2, Lot 5). P.M.C. 16.06 requires new homes to connect to the utility system unless such requirement is waived by action of the City Council. Since there are no sewers at the property, the applicant is requesting permission to build a septic tank system. There are other parcels in this area that would benefit from an extension of the sewer system. It is only a matter of time that others will be needing sewer service or will also want a waiver. The City's Comprehensive Sewer Plan calls for extension of collector sewer extending north from the river into all residential areas in the Riverview area within the City limits. A sewer pipeline that will service this lot is in the sewer plan. A waiver in this particular area of the City would go against the overall goal of providing sewer service in that area. In October 2004, a similar request was made for a vacant lot adjacent to Road 68 South of Court Street. In that case, Council denied the sewer waiver request with the commitment that the City would extend the sewer pipeline to the property. As properties connect to the pipeline over time the city would recapture the cost through the collection of the sewer fees. The request made by Gerald &Roxanne Van Houdt raises the same questions regarding the extension of sewer pipelines. Staff has observed an increase in inquires by individuals with failing septic tanks, or with vacant lots in the established neighborhoods. In most cases, there is not enough support to create a Utility Local Improvement District (ULID). Staff believes that a more comprehensive approach needs to be taken in the sewer extension policies that can address both providing sewers in the neighborhoods within the City limits, and street overlay in these neighborhoods. There are approximately ten (10) miles of streets in the City limits which are candidates for future sewers. Staff recommends a sewer extension program be implemented with an annual budget of $600,000.00 to $800,000.00 for a five (5) year period of time at which time the program should be re-evaluated. The Utility Fund can support this program. One of the first projects would be the installation of sewers on Road 77. 3(d) V. DISCUSSION: A. Any determination or decision by the City Council to waive utility requirements is to be based upon the waiver criteria provided in P.M.C. 16.06.040 as follows: (1) Special circumstances applicable to the property in question or the intended use that do not generally apply to other properties or classes of uses in the same vicinity or zoning classification. All of the property in this vicinity is zoned for residential use; no special circumstances are apparent. The subject parcel and all others east of Road 68 are zoned for RS-12 (12,000 minimum lot size), while those west of Road 68 are zoned RS-20 (half-acre minimum). (2) A waiver is necessary for the preservation and enjoyment of a substantial property right or use possessed by other properties in the same vicinity and the same zoning classification, which because of special circumstances is denied to the property in question. Connection to the sewer system will not deprive use of the subject property for residential purposes, if the City extends the collector in Road 77. (3) The granting of the waiver will not be detrimental to the public welfare or injurious to other property improvements in such vicinity and zoning classification, which the subject is located. Unless properly conditioned, granting a waiver would be detrimental to the public welfare in so far as it would tend to discourage extension of the sewer system. In the past, the Council has approved utility waivers with conditions that: a) Require the applicant to participate in future L.I.D. or U.L.I.D. activities commenced by petition or resolution that would involve the property in question; b) Require the applicant to pay applicable fees when utility services do become available. c) When the City commits to a timetable to install the sewer line, the applicant has paid associated utility fees at time of Building Permit, and connected at time of sewer installation. (4) The granting of a waiver will not conflict with the general intent of this chapter. In the long term, health and sanitation requirements for this property and the surrounding neighborhood would be better served by extending and utilizing the city sewer service. B. Based upon a review of the criteria above, staff would recommend that the sewer waiver be denied with the understanding that the City will construct the sewer pipeline to Court Street as part of the 2006 Capital Improvement Program; thus accommodating extension/connection to the subject property. C. If timing of construction is deemed a problem, the waiver could be granted with certain conditions to assure participation in the extension and connection to the new sewer line, as follows: I (1) Payment of subject property's standard "front-footage and area charges" at time of issuance of building permit. (2) Connection of any inhabited building on the property to the new sewer line within 90 days of written notice that the sewer line is available. CITY OF PASCO PETITION FOR UTILITY SERVICE WAIVER PLEASE COMPLETE THE APPLICATION CLEARLY AND ACCURATELY Pan 17014 (Name of Owner/Applicant)(Ist party) (Name of Owner/Applicant) (2nd party) (Address) (Address) —ti e 2 g2 (Phone) (Phone) General Location of Property: . j L< < 5 7 7 (give location relative to streets, intersections, etc.) Legal Description�o�f-Prop ert for which the Utility Waiver is re uuested: Current Land Use of Property: 1) Type of utility waiver requested? Water Sewer 2) Describe the reason for requesting a waiver from the requirement to connect to the municipal water and/or sewer system? y se-to el- clove 3) Describe alternative method of utility provision from which a waiver is requested? '0? 1 G y ( i 4) Special circumstances applicable to the property in question or intended use? 5) What changed or changing conditions warrant the proposed Utility Waiver? I 6) What other properties in the same vicinity and within the same zoning district have received a Utility Waiver or are not connected to one of both or the municipal utility systems? 1�('21 A'W 77 7) How will the public health an welfare a prof cted by granting the Utility Service Waiver? /-t-rn-._.2 1415 ROAD 77 REQUEST FOR SEWER WAITER 2, W. COURT ST 25 26 7 1a 0 mg 7m � 4 5 1 2 3 1 rm4 10' 1I7� t3ylr 2 '+'►� 1a 'o' 3 6 U� yr 6 °a 4 'Wad 12 11 k- $ 5 14 28 27 I \ I V f \ � 6 � 7 0 ^ 4 1a 9 R 8 Li 8 T 32 rros 0 1 du urt 5 0 11 12 w p � w 4 V) a_ eg+r 0 0' IL H 0 M E 2 3 '%Od 3 \ MID, r `ti 3 SEWER PIPELINE PER COMPREHENSIVE PLAN ro (TYP) 8 4 ^ 5 R s 7 ` 4 \ \ V I �kj PNc SF\ I � - - 7617 60 i 7517 - 1 o W. COURT ST ( ° j LIb�357 6p . I - - - i 6b i I fi0 f x 59-090 i ! I I �1 I 1 2 3 i 7820 7812 7800 7720 7704 j ' { 10' um _• C ! L, _. .� �._.. — :i 1 . E{ 1 Q 12 I 04 14 R V o c 7 j -- 1 I I { I'` )Bp' i j ! INV y � i I 7703 �— —` — —7 L..— —E — ,at'? I I i3 I S I 11 12 ! F I_..- )� I � T lid 69-092 I I I ID-�81. INV_351.'1 loi - �,, i I j <JpJ �1P,r 0 �7 t. i t O 80-632.09 WD 35 y I INV 344.05 p& p, <5> so+ �. I J Cp m°�r�Q 4 i pp c4 III i o�`b oo I V I 80-723 LID 353.84 INV 343.83 (5) 30+ 88�J_ \ 05 Ogg a i 80-9043 II ` (1pl h LID 355.74 INV 343.491 132 NC 49 f}�: 0 0.06%80-8843 0 LID 354.00 INV 343.58 �cgY 30, �a ♦ (5;') 6(-934 LJO 354.75 17343-41 i i AGENDA REPORT NO. 85 FOR: City Council Date: October 20, 2005 TO: Gary Crutchfi 1 y Manager Workshop: 10/24/05 Regular: 11/7/05 FROM: Richard J. Smi h, Director Community & Economic Deve pment Cruz Gonzalez, Urban Development Coordinator SUBJECT: Adoption of Regulations for the Community Housing Improvement Program (CHIC I. REFERENCE(S): A. CHIP Summary and Regulations (Council packets only; copy of regulations available in Community Development Department for public review) B. Map of Target Areas C. Resolution adopting regulations II. ACTION REQUESTED OF COUNCIL STAFF RECOMMENDATIONS: 10/24/05 DISCUSSION 11/7/05: MOTION: I move to approve Resolution No. adopting Community Housing Improvement Program regulations. III. FISCAL IMPACT $695,000 Federal HOME funds. IV. HISTORY AND FACTS BRIEF: A. As of today, the City has approximately $695,000 available in new HOME funds and program income from the sale of homes in the Henry Street project. Under Federal regulations these funds need to be under contract with a third party by December 31, 2005. B. At the March, 2004 City Council Retreat, "Neighborhood Redevelopment" was listed as a goal for 2004-2005. The Redevelopment Strategy Plan, accepted by Council in 2004, recommends that assistance programs be concentrated in two neighborhoods in the vicinity of Longfellow School and the Franklin County Historical Museum (see Exhibit B). C. Key elements of the Revitalization Plan are providing financial assistance for the rehab of existing homes and providing down payment assistance to encourage owner occupants to move into the area. D. At the September 6, 2005 meeting, the City Council approved a contract with Creative Housing Solutions to develop detailed program regulations for the neighborhood revitalization program. V. DISCUSSION: A. A summary of the Community Housing Improvement Program (CHIP) regulations developed by Creative Housing Solutions is attached as Exhibit A. B. Staff from Creative Housing Solutions will be available at the Workshop to answer questions members of Council may have. 3(e) Exhibit S $ / X a C { + � � a+ A� mn *« § ¥� . ~ & , H. 10m AVE in # � N. 8TH A« N. emAVE f A ` y � & \ �, .tn N. ,m AVE N. 7m ,# 7® #. A 2 R g f N. s! AVE m s AVE IL f # � f � � § § % k k w � cn f ® ©� ^ 4\ AVE & \ A « f � � � ƒ © ® s � f P, 00 * # a » \ � * ' ^ + \ s � CITY OF PASCR\IGHBORHOOU FIGURE REDEVELOPMENT STRATEGIES AREA LOCATION MAP Reference C RESOLUTION NO. A RESOLUTION ADOPTING REGULATIONS FOR THE COMMUNITY HOUSING IMPROVEMENT PROGRAM. WHEREAS, the City of Pasco entered into an Agreement with Kennewick and Richland in 2004 continuing participation in a Consortium originally formed in 1996 under the Home Investments Partnership (HOME) Program; and WHEREAS, at the March, 2004 City Council Retreat, "Neighborhood Redevelopment was listed as a goal for 2004-2005; and WHEREAS, the Redevelopment Strategy Plan, accepted by Council in 2004, recommends that assistance programs be concentrated in°two neighborhoods in the vicinity of Longfellow School and the Franklin County Historical Museum; and WHEREAS, key elements of the Revitalization Plan are providing financial assistance for the rehabilitation of existing homes and providing down payment assistance to encourage owner occupants to move into neighborhoods near the downtown. WHEREAS, Creative Housing Solutions has prepared regulations for the Community Housing Improvement Program (CHIP); Now, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO: Section 1. The Community Housing Improvement Program regulations (attached) are hereby adopted. PASSED by the City Council of the City of Pasco this day of , 2005 CITY OF PASCO: Michael L. Garrison Mayor ATTEST: APPROVED AS TO FORM: Sandy L. Kenworthy Leland B. Kerr Deputy City Clerk City Attorney AGENDA REPORT NO. 84 FOR: City Council 7 Date: October 19, 2005 TO: Gary Crutchfie d` anager Workshop: 10/24/05 Regular: 11/7/05 FROM: Richard J. Smith, Director Community & Economic Development Cruz Gonzalez, Urban Development Coordinator SUBJECT: Consultant Assistance for the Administration of the Community Housing Improvement Program (CHIP) I. REFERENCE(S): A. Creative Housing Solutions Statement of Qualifications B. Map of Target Areas C. Professional Services Agreement II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 10/24/05 DISCUSSION 11/7/05: MOTION: I move to approve the Professional Services Agreement with Creative Housing Solutions in an amount not to exceed $695,000 and authorize the Mayor to sign the Agreement. III. FISCAL IMPACT $695,000 Federal HOME funds. IV. HISTORY AND FACTS BRIEF: A. Pasco entered into a HOME Consortium Agreement with Richland and Kennewick in 1995 making the City eligible for Federal HOME funds. In April 2005, this Agreement was extended to 2007. B. Pasco has utilized its share of HOME funds for a new construction program in the vicinity of 24th Avenue and Henry streets. Under the terms of this program the City built 23 new homes and sold them at a write-down that was affordable to lower income families. This project is now completed. C. As of today, the City has approximately $695,000 available in new HOME funds and program income from the sale of homes in the Henry Street project. Under Federal regulations these funds need to be under contract with a third party by December 31, 2005. D. At the March, 2004 City Council Retreat, "Neighborhood Redevelopment" was listed as a goal for 2004-2005. The Redevelopment Strategy Plan, accepted by Council in 2004, recommends that assistance programs be concentrated in two neighborhoods in the vicinity of Longfellow School and the Franklin County Historical Museum (see Exhibit B). E. Key elements of the Revitalization Plan are providing financial assistance for the rehab of existing homes and providing down payment assistance to encourage owner occupants to move into the area. 3(t) F. In August 2005, the staff solicited proposals from qualified consultants to both develop and administer neighborhood revitalization programs. The City received one response from Creative Housing Solutions of Yakima. G. On September 6, 2005, the City Council contracted with Creative Housing Solutions to prepare program regulations for the housing rehabilitation and down payment assistance programs. V. DISCUSSION: A. The City has only one full-time staff member dedicated to the administration of CDBG, HOME, downtown and neighborhood revitalization programs. Additional staff is needed to administer these programs. Due to uncertainty regarding the amount of funds available in future years, it is recommended that consultant services be used for program administration. B. Staff believes that Creative Housing Solutions is well qualified to perform this work and would recommend that a contract for the administration of housing rehab and down payment assistance programs be entered into. C. A standard professional services agreement is attached. The consultant will bill the City at the rate of $75.00 per hour for actual administrative costs incurred in an amount not to exceed 20% of the total grand funds allocated for the project. D. It is estimated that with the funds now on hand, we will be able to process four down payment assistance applications, five elderly grants and 17 owner occupied rehab projects. All work is to be completed in 12 months. i i Exhibit A Creative Housing Solutions Statement of Qualifications Creative Housing Solutions is a private for-profit corporation. The company is licensed by the State of Washington and holds the status of being a Certified Women Owned Business. The company has been established as a consultant for the State of Washington to assist small communities in their need to identify, assess and implement community based programs. The company also has the same designation as a national representative to assist communities and agencies in the arena of housing and urban development. Our company provides technical assistance for compliance with federal requirements. WHAT WE DO: • Administer federally funded housing programs for small cities • Provide technical assistance to communities involved in start up housing programs • Facilitate partnerships for community housing benefit • Develop farmworker housing projects for growers • Provide community housing needs assessments • Write or update any Comprehensive plan • Assist in compliance with the State's Growth Management Act WHAT WE CAN DO FOR YOU: • Staff training • Regulation research&advisement Program design • Project implementation • Housing assessment • Housing condition survey • Agency liaison • Financial packaging • Organization meetings • Develop policies and plans for organizations making funding requests for resources • Consult for governments WHY WE DO IT: We have made a commitment to the development of safe, adequate housing for all the residents in our communities_ Our plan includes: i • A strong belief that decent, affordable housing is the basis of neighborhood stability, the economic development of the community, and will support basic family strengths and values + Improving the quality of life in our neighborhoods + And finally the rewarding experience of assisting communities to become self-reliant Creative Housing Solutions presently has a four member staff. They have a combined experience in Community and Governmental programs at Federal, State and local government exceeding fifty or more years. Dixie Kracht-President Jean Vickers-Staff Cheryl Miller-Staff Christina Aubrey-Staff In addition Creative Housing Solutions contracts with people as needed to facilitate projects. At this time we have two people under contract; one certified building inspector and one Spanish interpreter. Some of the government agencies that have been assisted by our company are as follows: Kennewick,WA: Creative Housing Solutions designed and implemented a housing rehabilitation program. This program rehabilitated in excess of thirty-eight homes. Then we provided training for the staff at Kennewick to continue the program in the future. Pasco,WA: Creative Housing Solutions trained the city staff in the development of a fair-housing plan for their community. The design allows for the establishment of programs based on the results of this plan annually. Tri-Cities, WA: A contract was established to provide technical assistance for the Consortium to meet the federal requirements under the lead based paint mandates_ Naches,WA: Our office monitors the Town of Naches rehabilitation program to insure program compliance with all Federal regulations. Sunnyside,WA: Creative Housing Solutions contracted with an agency to put together a housing fair held at the Mid-Valley Mall. We also facilitated a community advisory group to establish a mission and goal statement and assisted them in outlining their primary objectives. Trained the group in the solicitations and evaluations of project submissions. San Juan,WA: Creative Housing Solutions researched and wrote a housing needs assessment for their use in both the Growth Management requirements and to understand and implement needed housing programs. Union Gap,WA: Creative Housing Solutions has assisted the City in securing a planning grant from the State of Washington to do a housing needs assessment. We then researched and wrote the housing needs assessment. We will continue to work closely with the city to assist them in implementing any housing projects or programs resulting from the assessment. Toppenish,WA: We have established a contract to implement and problem solve their housing rehabilitation program and provide grant close out to the State. As well as maintain the escrow files from completed rehabilitation projects. Mattawa,WA: The Town of Mattawa has contracted with our company to provide a housing survey and assess the housing need in their community. This information will be used to update their Comprehensive Plan. Pacific County, WA: Pacific County has contracted with our company to provide a housing survey and assess the housing need in their community. This information will be used as a tool for strategic planning for their Housing Authority. State of Washington: A contract was established to design and implement the Farmworker Housing One Stop Center to assist the flow of information and provide continuity regarding communication and regulatory enforcement for farmworker housing. Our office wrote and published a technical assistance manual to assist farmers through the regulatory maze of requirements. Our company is presently implementing the Rural Infrastructure Loan Program for the State. Approximately two million dollars have been given to more than 50 farmers, providing 2,500 beds for farmworkers in our state. There are many private persons who have received technical assistance from our company regarding regulatory issues,project planning, site design,and project oversight. { z r x Exhibit B ul Q N. I I TH A H AVE te+ N. 11 T K 1\ up N y Q # H M N. 101H AVE `£L rs1 K l 0 ZN f `_• w tN TVE tl. �tN A� N. 8TH AVE N. 8TH AVE Q A �10 5A tA DN. 7TH AVE N. 7TH AVE N• Q n i IN lk r 5- µ 6 A Ln N. 5TH AVE N. 51H AVE • O -o m n 51� -�+ S` Ire, N N. 4TH AVE g � jRO AvE 4 N- LO � XQ 5 N• � N� N 4 5. 2Np A� s %53 N 2N0 A� �N N� N• �s� A ,�� CITY OF PASCOEIGHBORHOOD FIGURE REDEVELOPMENT STRATEGIES AREA LOCATION MAP Exhibit C PROFESSIONAL SERVICES AGREEMENT COMMUNITY HOUSING IMPROVEMENT PROGRAM THIS AGREEMENT, made and entered into between the City of Pasco, hereinafter referred to as the "City", and Creative Housing Solutions, Inc., hereinafter referred to as the "Consultant". WHEREAS, the City desires to engage the professional services and assistance of a consulting firm to provide consulting services with respect to the administration of the Community Housing Improvement Program (CHIP). NOW, THEREFORE, in consideration of mutual benefits accruing, it is agreed by and between the parties hereto as follows: 1. Scope of work. The scope of work shall include all services and material necessary to accomplish the above mentioned objectives in accordance with the scope of work which is attached as Exhibit A. 2. Ownership and use of documents. All research, tests, surveys, preliminary data and any and all other work product prepared or gathered by the Consultant in preparation for the services rendered by the Consultant shall not be considered public records, provided, however, that: A. All final reports, presentations and testimony prepared by the Consultant shall become the property of the City upon their presentation to and acceptance by the City and shall at that date become public records. B. The City shall have the right, upon reasonable request, to inspect, review and, subject to the approval of the Consultant, copy any work product. C. In the event that the Consultant shall default on this Agreement, or in the event that this contract shall be terminated prior to its completion as herein provided, the work product of the Consultant, along with a summary of work done to date of default or termination, shall become the property of the City and tender of the work product and summary shall be a prerequisite to final payment under this contract. The summary of work done shall be prepared at no additional cost, if the contract is terminated through default by the contractor. If the contract is terminated through convenience by the City, the City agrees to pay contractor for the preparation of the summary of work done. 3. Payments. The Consultant shall be paid by the City for completed work for services rendered under this Agreement as provided hereinafter. Such payment shall be full compensation for work performed or services rendered and for all labor, materials, supplies, equipment and incidentals necessary to complete the work. A. Payment for work accomplished under the terms of this Agreement shall be on a time and material basis as set forth on the fee schedule found in Exhibit A, provided, in no event shall the payment for all work performed pursuant to this Agreement exceed the sum of $695,000. No more than $139,000 (20%) of the total contract amount shall be paid to the consultant for administrative costs. B. All vouchers shall be submitted by the Consultant to the City for payment pursuant to the terms of this Agreement. The City shall pay the appropriate amount for each voucher to the Consultant, Contractors, or other third parties as directed by the Consultant. The Consultant may submit vouchers to the City monthly during the progress of the work for payment of completed phases of the project. Billings shall be reviewed in conjunction with the City's warrant process. C. The costs records and accounts pertaining to this Agreement are to be kept available for inspection by representatives of the City for a period of three (3) years after final payment. Copies shall be made available upon request. 4. Time of performance. The Consultant shall perform the work authorized by this Agreement promptly and within twelve (12) months of execution of this Agreement. 5. Hold harmless allreement. In performing the work under this contract, the Consultant agrees to defend the City, their officers, agents, servants and employees (hereinafter individually and collectively referred to as "Indemnitees"), from all suits, claims, demands, actions or proceedings, and to the extent permissible by law, indemnify and hold harmless the Indemnitees from A. all damages or liability of any character including in part costs, expenses and attorney fees, based upon, any negligent act, error, or omission of Consultant or any person or organization for whom the Consultant may be responsible, and arising out of the performance of professional services under this Agreement; and B. all liability, loss, damage, claims, demands, costs and expenses of whatsoever nature, including in part, court costs and attorney fees, based upon, or alleged to be based upon, any act, omission, or occurrence of the Consultant or any person or organization for whom the Consultant may be responsible, arising out of, in connection with, resulting from or caused by the performance or failure of performance of any work or services other than professional services under this Agreement, or from conditions created by the Consultant performance or non-performance of said work or service, regardless of whether or not caused in part by the party indemnified hereunder. 6. General and professional liability insurance. The Consultant shall secure and maintain in full force and effect during performance of all work pursuant to this contract a policy a of comprehensive general liability insurance providing coverage of at least $500,000 per occurrence and $1,000,000 aggregate for personal injury; $500,000 per occurrence and aggregate for property damage; and professional liability insurance in the amount of $1,000,000. Such general liability policies shall name the City as an additional insured and shall include a provision prohibiting cancellation of said policy, except upon thirty (30) days written notice to the City. The City shall be named as the certificate holder on the general liability insurance. Certificates of coverage shall be delivered to the City within fifteen (15) days of execution of this Agreement. Creative Housing Solutions, Inc. 2 Community Housing Improvement Program 7. Discrimination prohibited. Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, age, sex, national origin or physical handicap. 8. Consultant is an independent contractor. The parties intend that an independent contractor relationship will be created by this Agreement. No agent, employee or representative of the Consultant shall be deemed to be an agent, employee or representative of the City for any purpose. Consultant shall be solely responsible for all acts of its agents, employees, representatives and subcontractor during the performance of this contract. 9. City approval. Notwithstanding the Consultant's status as an independent contractor, results of the work performed pursuant to this contract must meet the approval of the City. 10. Termination. This being an Agreement for professional services, either party may terminate this Agreement for any reason upon giving the other party written notice of such termination no fewer than ten (10) days in advance of the effective date of said termination. 11. Integration. The Agreement between the parties shall consist of this document and the Consultant's proposal attached hereto. These writings constitute the entire Agreement of the parties and shall not be amended except by a writing executed by both parties. In the event of any conflict between this written Agreement and any provision of Exhibit A, this Agreement shall control. 12. Non-waiver. Waiver by the City of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other provision. 13. Non-assiunable. The services to be provided by the contractor shall not be assigned or subcontracted without the express written consent of the City. 14. Covenant against contingent fees. The Consultant warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the Consultant, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award of making of this contract. For breach or violation of this warranty, the City shall have the right to annul this contract without liability or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 15. General Provisions. For the purpose of this Agreement, time is of the essence. Should any dispute arise concerning the enforcement, breach or interpretation of this Agreement, venue shall be placed in Franklin County, Washington, the laws of the State of Washington shall apply, and the prevailing parties shall be entitled to its reasonable attorney's fees and costs. Creative Housing Solutions, Inc. 3 Community Housing Improvement Program 16. Notices. Notices to the City of Pasco shall be sent to the following address: COMMUNITY & ECONOMIC DEVELOPMENT CITY OF PASCO P. O. BOX 293 PASCO,WA 99301 Notices to the Consultant shall be sent to the following address: CREATIVE HOUSING SOLUTIONS, INC. ATTN: DIXIE KRACHT, PRESIDENT 8 EAST WASHINGTON AVE, SUITE 1.10 YAKIMA, WA 98903 (509) 454-2668 Receipt of any notice shall be deemed effective three (3) days after deposit of written notice in the U. S. mails, with proper postage and properly addressed. DATED THIS DAY OF , 20 CITY OF PASCO CONSULTANT: By: By: Michael L. Garrison, Mayor Title: r ATTEST: APPROVED AS TO FORM: Sandy Kenworthy, Deputy City Clerk Leland B. Kerr, City Attorney Creative Housing Solutions, Inc. 4 Community Housing Improvement Program CONTRACT, Exhibit A CITY OF PASCO CHIP Community Housing Improvement Program SCOPE OF WORK The City of Pasco as a participating member of the Home Consortium will be implementing a homeownership down payment assistance program and an owner occupied rehabilitation program. The implementation of the Program will be through a third party contractor Creative Housing Solutions (CHS). It will be the responsibility of the contractor to develop partnership agreements and implement the CHIP program. This will be accomplished using the following criteria • Working with other members of the consortium: This will include compliance with all of the consortium program guidelines, and participation with those parties as a representation of Pasco. • Developing HOME program partners: This will include working with local financial institutions in their participation with the homeownership program. Identifying other local entities as being potential beneficial participating partners. • Securing participating entities for program operations: This will include the solicitation and pre-qualification of construction contractors, appraisers and other related trades. • This will include record keeping and reporting data for program compliance to document benefits, costs and other related regulatory requirements. • Provide program Reports, that will include monitoring the program progress and providing written reports to all entities involved as required and established by the Consortium. The second stage of the Contractor's responsibility would be the implementation of the CHIP. This will include the following activities: • Taking the applications for the program. This will include the formal application, with the verification of income, property ownership and eligibility in accordance with the Federal guidelines. • Inspecting the property. This will include the inspection of the property, doing the environmental review and ordering the lead based paint evaluation. Recording the code and housing deficiencies and preparing the deficiencies as written bid specifications and reviewed with the homeowner. • Construction bidding process. This will include the solicitation of bids from pre- qualified contractors, bid comparisons, review with the homeowner and recommendation of bid award. • Loan Process. This will include an appraisal of the property, working with established financial institutions, preparing a cost affordability worksheet and the loan closing documents. The loans will be closed and then recorded with a title company. • Construction process. This will include preparing all of the construction documents, holding a pre-construction conference with the contractor and homeowner for signing all of the documents. The construction will be monitored to ensure that all permits are secured. The work will be monitored; change orders negotiated and payments processed. Upon construction completion all of the final reports and documents will be signed, including the lead based paint certification. The work as outlined will be billed by itemization of activities within each project at $75.00 per hour. It will be the responsibility of the contractor to make recommendations. The City of Pasco will be the final authorizing body for all loans, contracts and applicant approvals. The geographical area of the program will be located within City limits of Pasco with priority given to Census Tract 202 Area#1 and#2. i AGENDA REPORT NO. 83 FOR: City Council Date: October 17, 2005 TO: Gary Crutchfi I anager Workshop: 10/24/05 Regular: 11/7/05 FROM: Richard J. Smi h, Director Kl � Community & Economic Development SUBJECT: Contract for Services with The Building Department, Inc. I. REFERENCE(S): A. Contract for Services Between the City of Pasco and The Building Department, Inc. II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 10/24/05: DISCUSSION 11/7/05: MOTION: I move to approve the Contract for Services with The Building Department, Inc., to provide plan review and inspection services, and further, authorize the City Manager to sign the Contract. III. FISCAL IMPACT IV. HISTORY AND FACTS BRIEF: A. In 1996, the City entered into a contract with "The Building Department, LLC," a private company located in Richland which provides plan review and building inspection services. The use of contracted services allows the City to quickly increase or decrease levels of service based upon need. B. This contract was last amended in January 2003. The Building Department, Inc., is now asking that the contract fees be adjusted to reflect their increased operating costs, primarily health insurance and fuel costs. V. DISCUSSION: A. The proposed contract is unchanged from the 2003 contract with the exception of the below listed fee changes. (1) Paragraph 7(a)(c) the hourly rate for inspection and consulting services will increase from $32.00 to $33.20 a 4 percent increase over the 2003 rates. (2) Paragraph 7(c) the mileage reimbursement will increase from 32 cents per mile to 48 cents per mile, the City's current reimbursement rate. B. Staff believes that these increases are reasonable and recommends approval. 3(9) CONTRACT FOR SERVICES BETWEEN CITY OF Pasco, WASHINGTON and THE BUILDING DEPARTMENT, INC. THIS CONTRACT is entered into this day of , 2005, by and between the CITY OF PASCO,WASHINGTON(hereinafter"the City")and THE BUILDING DEPARTMENT, INC., a Washington Corporation (hereinafter "TBD"). WHEREAS, the City intends to regulate the process for construction and improvements within its boundaries to ensure compliance with its comprehensive plan and with its pertinent ordinances, laws, and regulations and to assure the overall operation of said enforcement; and WHEREAS, TBD possesses knowledgeable and experienced persons familiar with the building permitting process,building codes, abatement procedures,and other such related activities ordinarily performed by a jurisdiction's building and code enforcement departments; and WHEREAS,the City wishes to assure itself of the availability of such qualified experts to assist in the administration of the City's building and code enforcement activities and TBD is willing to provide such expertise to assist the City in this regard; NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: 1. TBD accepts the relationship of trust and confidence established between it and the City by this Contract. TBD covenants with the City to furnish its best skill and judgment and to cooperate with the City in furthering the interests of the City. It agrees to furnish efficient business administration and superintendence and to use its best efforts to complete the review and administration of the building permit application process and administration of the City's laws, ordinances, and regulations relating to the building and code enforcement processes in an expeditious and economical manner consistent with the interests of the City. 2. The City agrees to provide staff needed for the initial permit intake and the final issuance of permits at some pre determined location in the city. 3. The City has the options of exercising any or none of the provisions set forth below at their discretion. 4. The City agrees to forward the initial applications,plans and specifications to TBD by fax and/or mail. 5. TBD agrees to provide an ICC/ICBO certified building inspectors on Monday through Fridays of each week, as needed, to conduct inspections for Washington State Building Code compliance of building permits covered under this agreement. Inspectors will not be provided on Pasco services contract, cont, November, 2005 holidays recognized by the City. 6.TBD agrees to act as consultant to the City's officials in matters concerning the operation of the City's building and code enforcement activities when requested by the City. Such activities may include, but are not necessarily limited to, review of building plans building inspections abatement of dangerous buildings code enforcement drafting of ordinances Activities may also include working with the City's attorney in enforcing and prosecuting individuals charged with violation of the building codes and related regulations adopted by the City. 7. TBD shall be reimbursed by the City for services as follows: (a) For consulting to the City for matters not covered under Subparagraphs (b) and (c) below, TBD shall receive the sum of Thirty-three dollars twenty cents ($33.20) per hour. (b) For performing plan reviews for projects TBD shall receive forty-five percent (45%)of the permit fees.For such projects,TBD's portion of the permit fees shall be paid on a regular payment schedule to be agreed upon between the parties on a project-by-project basis. (c)For calculating valuations and finalizing building permits applications and IBC inspections for projects TBD shall receive Thirty-three dollars twenty cents($33.20) per hour plus forty-eight cents (.48) a mile for each mile travel while performing work for the city. (d) Project valuations shall be calculated pursuant to The City of Pasco's Building Valuation Data. When this method is not practical,valuations will be established by TBD pursuant to industry standard practices. The City of Pasco reserve the right adjusts the valuations on specific projects when needed to address special construction circumstances. 8. TBD shall provide the City with a monthly invoice which contains true and accurate references for each service performed and all time billed including,but not limited to, the name of Page 2 of 4 Pasco services contract, cont. November, 2005 each plan examiner or inspector, dates and hours worked and mileage accrued performing their duties. 9.The City shall pay TBD's invoices not later with-in thirty day of receipt of TBD's billing. 10. TBD will carry errors and omissions insurance coverage in the minimum amount of$1 million,as well as liability insurance. TBD will name the City as additional insured on the liability policy. 11. This contract may be terminated by either party by giving thirty(30)days'written notice to the other party. If this contract is terminated, TBD's final invoice shall be paid on the regular scheduled payment date. 12.It is understood and agreed that TBD is an independent contractor and is not employed by the City and TBD shall make no claims for benefits for employment against the City including,but not limited to, sick leave,medical insurance,coverage under the City's State Department of Labor and Industries policy, vacation benefits, retirement, or unemployment benefits. 13. The term of this Contract shall be for a period of one (1)year commencing this day of ,2005,and shall automatically renew each year absent notice of one party to the other of intent to cancel pursuant to Paragraph 13. 14. Any notice required to be given under this Contract shall be given by certified mail addressed as follows: To the City: 525 North 3rd. Pasco, Washington 99301 To TBD: 2530 Tilden Ct Richland, Washington 99354 15. This Contract is made and entered into the State of Washington and shall be governed by and construed and enforced in accordance with the substantive laws of the State of Washington. Should any dispute arise concerning the breach, enforcement, or interpretation of this Contract, venue shall be placed in Franklin County,Washington, and the prevailing parties shall be entitled to its reasonable attorney fees and costs and additional judgment against the other party. 16. Time is of the essence of this Contract, and there are no other agreements between the parties, either oral or in writing, concerning the subject matter herein. Page 3 of 4 Pasco services contract, cont. November, 2005 17. TBD shall indemnify the City and its officers, employees and/or agents and hold them harmless from and against any and all claims,suits,and/or actions,loss or damages resulting form or arising out of the services provided under this Agreement,or from negligent acts or intentional acts or omissions of TBD. IN WITNESS WHEREOF,the parties have caused this Instrument to be executed by their duly authorized representatives the day and year first above written. CITY OF Pasco,WASHINGTON THE BUILDING DEPARTMENT, INC. By: By: Title: Richard R. Mumma Jr. Vice President, TBD Inc. APPROVED AS TO FORM: Attorney for City of Pasco Page 4 of 4 4. AGENDA REPORT FOR: City Council Date: October 19, 2005 TO: Gary Crutchfi Id Manager Workshop: October 24, 2005 Stan Strebel, i ative and Community Services Director Regular: November 7, 2005 FROM: Ji Ch mance Manager SUBJECT: CO CTION OF 1999 UTGO BOND ORIDNANCE I. REFERENCE(S): 1. Proposed Ordinance. (in Council packets only-copy available in Finance Manager's Office) 2. Cover sheet of original Official Statement dated September 28, 1999 II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATION: 10/24/2005 DISCUSSION: 11/7/2005 MOTION: I move to adopt Ordinance No. an ordinance amending Ordinance No. 3377. III. FISCAL IMPACT: The correction will increase interest on the bonds by$300 per year. IV. HISTORY AND FACTS BRIEF: A) City Ordinance#3377 was adopted in September 1999 to authorize the issuance and sale of$1.7 million worth of voter approved bonds for financing the renovation of the City Library and construction of the Fire Station on Oregon Avenue. B) The original ordinance was prepared by Foster Pepper & Sheffelman PLLC, bond counsel for the issue. The original ordinance contains an error with respect to the interest rate for the bonds maturing in 2019. The rate was incorrectly stated at 5.5% instead of 5.6% as stated in the Official Statement prepared for the bond sale. The attached proposed ordinance makes the correction. VI. DISCUSSION: Staff recommends adoption of the proposed ordinance. VII. OTHER FACTS: 3(h) i OFFICIAL STATEMENT DATED SEPTEMBER 28, 9999 r_ BOND-ENTRY ONLY MOODY'S RATING:Aaa NEW ISSUE (See"BOND RATING "and"MUNICIPAL BOND INSURANCE"herein) NEGOTIATED MBIA Insured in the opinion of Bond Counsel, under existing federal law and assuming compliance with applicable requirements of the Internal Revenue Code of 1986, as amended(the'Code'), that must be satisfied subsequent to the issue date of the Bonds,interest on the Bonds is excluded from gross income for federal income tax purposes and is not an item of tax preference for purposes of the alternative minimum tax applicable to individuals. However, while interest on the Bonds also is not an item of tax preference for purposes of Me allemative minimum tax applicable to corporations,interest on the Bonds received by corporations is.taken into account in the computation of adjusted current earnings for purposes of the alternative minimum tax applicable to corporations, interest on Bonds received by certain S corporations may be subject to tax,and interest on the Bonds received by foreign corporations with United States branches may be subject to a foreign branch pprroofits tax. Receipt of interest on the Bonds may have other federal tax consequences for certain taxpayers. See the captions 7AX EXEMP77ON'and 'Cl<RTAIN OTHER FEDE;UL TAX CONSEQUENCES'herein. CITY OF PASCO, WASHINGTON $1,700,000 UNLIMITED TAX GENERAL OBLIGATION BONDS, 1999 DATED: October 1, 1999 DUE: December 1, as shown below The City of Pasco's Unlimited Tax General Obligation Bonds, 1999 (the "Bonds"), are issued in fully registered form, and will be fully registered in the name of Cede& Co., as band owner and nominee for The Depository Trust Company("DTC"), New York, New York. DTC will act as securities depository for the Bonds. The Bonds will be initially issued in book-entry form only in the denomination of$5,000 or any integral multiple thereof within a single maturity. Purchasers will not receive certificates representing their interest in the Bonds purchased. The Bonds bear interest payable on June 1,2000,and semiannually thereafter on December 1 and June 1 of each year to the date of maturity or prior redemption, whichever occurs first. The principal of and interest on the Bonds are payable by the fiscal agency of the State of Washington,currently The Bank of New York,New York,New York and Wells Fargo Bank, NA,Seattle,Washington(the"Fiscal Agenf . For so long as the Bonds remain in a "book-entry only"transfer system,the Fiscal Agent will make such payments only to DTC,which in turn is obligated to remit such payments to the DTC participants for subsequent disbursement to Beneficial Owners of the Bonds as described herein udder the caption"DESCRIPTION OF THE BONDS-Book-Entry Only System." MBL4 MATURITY SCHEDULE Due Yield or Due Yield or December 1 Amount Rate Price December 1 Amount Rate Price 2002 $ 35,000 5.25% 4.40 2010 $ 100,000 5.20% 100 2003 65,000 5.15 4.50 2011 100,000 5.25 100 2004 100,000 5.15 4.60 2012 100,000 5.30 100 2005 100,000 5.15 4.70 2013 100,000 5.35 100 2006 100,000 5.20 4.80 2014 100,000 5.40 140 2007 100,000 5.25 4.90 2015 100,000 5.45 100 2008 100,000 5.30 5.00 2016 100,000 5.50 100 2009 100,000 5.40 5.10 $300,000 5.60%Term Bonds due December 1,2019 @ 100. (Plus accrued interest from October 1, 1999) The Bonds maturing on or after December 1, 2010, are subject to redemption prior to their stated dates of maturity on or after December 1, 2009, as more fully described herein. See"OPTIONAL REDEMPTION'herein. The Term Bonds maturing on December 1, 2019 are subject to mandatory redemption. See`MANDATORY REDEMPTION"herein. The Bonds are general obligations of the City. For as long as any of the Bonds are outstanding,the City irrevocably pledges to levy taxes annually without limitation as to rate or amount on all of the taxable property within the City in an amount sufficient,together with other money legally available and to be used therefor,to pay when due the principal of and interest on the Bonds, and the full faith,credit and resources of the City are pledged irrevocably for the annual levy and collection of those taxes and the prompt payment of that principal and interest See "SECURITY"herein. The City has designated the Bonds as "qualified tax-exempt obligations" under the Internal Revenue Code of 1986, as amended. See "CERTAIN OTHER FEDERAL INCOME TAX CONSEQUENCES"herein. The Bonds are offered by the Underwriter when,as,and if issued,subject to the approving legal opinion of Foster Pepper&Shefelman PLLC, Bond Counsel, Seattle,Washington, which opinion will be delivered with the Bonds. The Bonds, in book-entry form, will be available on or around October 7, 1999,through the facilities of DTC in New York,New York. This cover page contains certain information for quick reference only. It is not a summary of this issue. Investors must read the entire Official Statement to obtain information essential to the making of an informed investment decision. Banc of America Securities LLC AGENDA REPORT NO. 37 FOR: City Council (f�l October 19, 2005 TO: Gary Crutch anager Workshop Mtg: 10/24/2005 r FROM: Robert J. Albe arks Director SUBJECT: Snow Removal Assistance Agreements I. REFERENCE(S): II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 10/24: Discussion III. FISCAL IMPACT: Street Fund: $6,000 annually (minimum) IV. HISTORY AND FACTS BRIEF: In 2004, Council authorized staff to enter into an agreement with Lampson International LLC and Ray Poland and Sons (Poland) to provide road graders and operators on call to assist with snow removal for that year. The annual standby change was $6,000 plus the monthly cost of a grader and the hourly cost of an operator when requested by the City. Staff proposes for 2005 to contract with Poland for two (2) graders to be on standby. Poland has medium size graders which could be used in residential neighborhoods. Poland is willing to have two (2) graders on standby for $2,000 per month ($6,000 total), $4,800 per month, per grader upon activation. The operators cost would be the $65.00 per hour for normal hours and $85.00 per hour for overtime hours. The minimum cost for both graders to be "on standby" is $6,000.00 for the winter; additional costs would occur only if used. As such, the proposed arrangement represents a form of insurance; the annual "premium" of $6,000.00 appears acceptable for having the capacity of two additional graders (more efficient than plows). With general concurrence of City Council, staff will bring an agreement back to Council as described. V. ADMINIS`T'RATIVE ROUTING Project File AGENDA REPORT TO: City Council October 19, 2005 FROM: Gary Crutchfi +anager Workshop Mtg.: 10/24/05 Regular Mtg.: 11/7/05 SUBJECT: Water Rights Management MOA I. REFERENCE(S): 1. Proposed Memorandum of Agreement (MOA) II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 10/24: Discussion 1117. MOTION: I move to approve the Memorandum of Agreement for management of the "Quad Cities" Water Right for the cities of Pasco, Kennewick, Richland and West Richland and, further, authorize the City Manager to sign the agreement. III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: A) The "Quad Cities" Water Right, issued by the state to provide sufficient water right capacity for the "Quad Cities" (Pasco, Kennewick, Richland and West Richland), required the development of a memorandum of agreement between the four cities to spell out how the new water rights and the use of municipal water systems would be monitored and reported. V. DISCUSSION: A) The attached memorandum spells out the monitoring requirements to which each of the cities will be obligated to adhere to fulfill the "Quad Cities" Water Right permit obligations. All three of the partner cities have already approved the MOA and staff now recommends City Council authorize the City Manager to commit Pasco to the same understanding and obligations. 3(]) August 18,2005 Appendix Memorandum Agreement Management t ,Quad Cities Water Right • • Related Program I. Purpose and Objective This Memorandum of Agreement (MOA) is for the purpose of managing the area's water resources and Quad Cities water rights required to meet the public water supply needs of the Urban Growth Area and related water service areas. The primary objectives are: 1. To provide for regional management and supply development strategies, joint supply projects, and system interties that ensure that the Urban Growth Area water needs and water rights are planned and developed in a coordinated manner. 2. To define the criteria, development schedule, place of use, water use efficiency objectives, and procedures to be followed by the four Cities in developing the Quad Cities water rights required to meet the Urban Growth Area needs. 3. To manage the withdrawal and return of water resources to the Columbia River and area aquifer consistent with the conditions associated with the Quad Cities water rights and other local plans. I1. Parties to Agreement This MOA is between the Cities of Kennewick, Pasco, Richland, and West Richland hereafter referred to as the "Cities," and the "Parties"to the MOA. 111. Urban Growth Area — Place of Use For the purposes of this MOA and to establish in all future urban area water right applications, a place of use of the Quad Cities' water right is generally defined as the Urban Growth Area and adjacent rural service areas, as jointly defined by the four Cities under the provisions of the State Growth Management Act in 1997, and as subsequently amended. The place of use shall include as a minimum the area shown on Figure 1 on the Quad Cities Water Right Permit, or as amended by the Cities State approved Water System Plans. If the Cities' water resources management and supply development plan utilizes land application or aquifer recharge areas located in rural areas adjacent to the Urban Growth Area, the expanded resource management area shall be considered integral to this Agreement's definition of Place of Use. IV. Urban Growth Area Demand Projection For the purposes of this MOA, the projected average day, maximum day, and instantaneous demand for water right purposes shall be based on the current "Regional Water Forecast and Appendix F-Memorandum of Agreement F-1 Interim Regional Water Forecast and Conservation Plan August 18, 2005 Conservation Plan (RWFCP) for the Cities of Kennewick, Pasco, Richland, and West Richland prepared to be consistent with the Quad Cities water rights condition. The RWFCP shall be incorporated by the four Cities into their State-approved Water System Plans and their Comprehensive Plans as the water supply element. The four Cities agree to update the RWFCP at least every six years and to project their water supply needs for a minimum of 5, 10, 20, and 50 years. The Department of Health has established 2009 as the required next update to the individual Water System Plans. The June 2000 Regional Water Supply Plan projections shall be used until a new RWFCP is approved by the Cities except as modified by the MOA. V. Water Use and Water Conservation The Cities agree to jointly develop a regional conservation plan and incorporate in their individual Water System Plans a demand management and water conservation plan that meets the condition of the Quad Cities water right and the criteria established jointly by the Department of Ecology(Ecology) and Department of Health. The Cities agree to organize their common data collection system in 2004 and begin to collect the data in 2005. The 2005 data through 2007 will be used to update the RWFCP in 2008 for use in the 2009 Water System Plan Update. The State required six-year update cycle will then guide future updates. VI. System Interties and System Reliability The Cities will outline a regional supply development and intertie program to optimize use of existing supply systems. Where surface and ground water continuity exists a conjunctive use strategy will be outlined to minimize localized impacts on instream uses. To accomplish maximum system flexibility and reliability, a system of interties between the four Cities will be evaluated and expanded if found to be beneficial for the objectives of this MOA. The Cities will define prior to the next update to their WSP, an intertie program that would enable the Cities to wholesale/transfer supplies between the four systems and the irrigation districts. VII. Water Right Allocation — Quad Cities Water Right Each of the Cities currently holds water rights that partially meet their long-term needs. The Cities agree to allocate the Quad Cities water rights based on updated and projected demands (base allocation), with the balance placed in an unallocated "Quad-Cities Water Reservation Account." The original projected demands were established in the Regional Water Supply Plan, June 2000. The June, 2000 demand projection shall be considered the base allocation until a revision is accepted by the MOA Water Committee. The June, 2000 base allocation will be revised in the 2008 RWFCP approved by the Cities using the information referenced in Section V and in subsequent RWFCP demand forecasts. Future RWFCPs will establish the six-year and 20-year Appendix F-Memorandum of Agreement F-2 Interim Regional water Forecast and Conservation Plan August 18,2005 water demands for each City and will define how much Quad Cities water right is required to meet the City's needs. The first 10 cfs of Quad Cities' water right appropriation has been mitigated by the State, with each City receiving 2.5 cfs of mitigation credit. When additional Quad Cities' water right {greater than 10 cfs} is required, and additional mitigation cost is assigned, the City that requires the mitigated water right is responsible for the mitigation cost. The demand projections of the Cities will be based on the same methodology and reviewed and approved by the MOA Water Committee. If the water rights in the Water Reservation Account are fully committed and one of the other Cities' base allocation is not committed, the MOA Water Committee may, by unanimous vote, direct that a portion of the base allocation water right from 54-30976P be reallocated to meet the City's newly documented demand. The four Cities will jointly manage the urban area water resources and seek additional water rights for the area identified as the place of use for the Quad Cities water right in the future if existing rights are not adequate to meet the Urban Growth Area needs. Vill. Accumulative Water Rights — Applications and Use Consistent with the objectives of this MOA, the Parties to this MOA will seek to manage the existing and future municipal and industrial water rights held by the four Cities for the collective use of the Urban Growth Area. The water rights of each City will be held by that City for their use. The accumulative instantaneous and annual quantities for the four Cities for the Urban Growth Area will be used by Ecology to monitor the water use authorized by water right documents in common, prior to the use of the Quad Cities water right that may require mitigation. The Quad Cities water right is held in the name of the four Cities, and therefore, this MOA is the management document to allocate mitigation cost and reallocate use of the Quad Cities water right as use patterns and needs may change. Once a City's demand and supply plan is accepted by the MOA Water Committee and the Water System Plan is approved by the State, the allocation of the initial 2.5 cfs to each of the Quad Cities' water right and any subsequent allocations to a City will continue indefinitely, unless the City has determined for itself that it no longer has a need for the water right. IX. MOA Water Committee The public works director of each City or their designee shall represent their City on the MOA Water Committee. The Water Committee shall meet at least quarterly to coordinate the regional water supply program, monitor projections,prepare the RWFCP, and implement this MOA. The Water Committee shall consider requests for reallocation of water rights held in the Water Reservation Account. The request from any participant City for an additional allocation or reallocation of water shall be based on documented water demands that will meet growth needs, create new jobs, and that are reflective of the economic and growth management strategies incorporated in the City's adopted Comprehensive Plan. Appendix F-Memorandum of Agreement F-3 Interim Regional Water Forecast and Conservation Plan August 18,2005 If an unresolved conflict occurs, the parties agree to select an independent party to review and mediate the debate and recommend a non-binding solution. If any recommendation or proposal would change ownership or the planned use of any portion of the Quad Cities water right, such change shall be presented to the City Councils for approval prior to approval by the Water Committee. The vote of the Water Committee shall be presented to Ecology as a unanimous finding if the request is consistent with this MOA and related State laws. X. Cost Sharing The Cities agree to share the cost equally for the preparation of the RWFCP and future updates. The Cities will individually be responsible for collecting and assembling the specified data for the RWFCP. Implementation of the common programs of the RWFCP will be allocated by the MOA Water Committee based on the benefits received by each City, including any joint staffing plan. The mitigation cost associated with the use of the Quad Cities water right will be allocated annually to the benefiting City after adjusting for the 10 cfs mitigated water right assigned equally to each City. XI. Application and Changes Processed The Cities agree to prepare the necessary documents for approval by the State to process all necessary changes and applications in a timely manner in accordance with State law. X11. Modification and Term of MOA The MOA will continue unless terminated by mutual agreement by all signators. It is the intent of all parties that if one City wished to have the MOA terminated the remainder of the unassigned water in Permit S4-30976 will be assigned to the Water Reservation Account and will remain with the Cities continuing to participate in the MOA. City of Kennewick Date City of West Richland Date City of Pasco Date City of Richland Date Appendix F-Memorandum of Agreement F-4 Interim Regional Water Forecast and Conservation Plan LO °C) In N u+ Q °° 3 ° o `= s ap n o O. Q A O, a y r p b w �6 NUS cW ca _ W w r p y C> Vi K' N N M w 3 75 00 m rL N y U Uo A O rV cc d c M. tj Tr 00 ,14 00 1 G N d •v v 3 A,. y tl Cl C + O Cl. A ` U a+ 0 • �D 61 cy .,b O 00 M; M M V y N r j.5 'c1 sq co c�3 a0 A c tko eu CN 3 o i y as c�a G ❑ kr, o cd o G 3 ro e0 ? e.. 83 Q m 'O N Q O\O N N « O N •� .Y h N � oo ,; U o 'C d 10 c H G7 Q` 9 env L4 od � � •b � R• y aCi � ai � x � C o a � -C, .° MLl ® V of e T p Ao >,� � � ,°, � � a � W � M C M N •� w Y v cn c � � �+- V a> o M E LL N i p T U .b0 N cl v.b ctl H F. 2 'r_ 60 b cC d W � L or @" k °' CL Lo 0 IV CD W C6 888 's ZD 0000 O q RR q A. IS 8 8 9 8888 8 6 cs 0d cs 92 T. 66.; 6 6 qqqqq I?qq 9 q 30 ��Ooo q C?C?qq aooca c2i. 00000 0000 0 RcR cR q q q q q 0 0 Oa 0 0 0 o 6 0000 0 0000 0 CL R q q q 0 C6 6 C5 c;.0 000 0 0 A 10 ol gS S 0 ES 0 0 Im > it O Ems_ 2'Z,' -20 .2t 0 E 0 am U.a. E Q 76 114 0 Z2 t 5 1;U NJ IE act E N c , z Ti, L�z 6 E 0 c 'I= E C? .E u ma E w Yarm R 0-Fr 3: z u U) 0 Lu p 0 E E 0 2 C,- rD uj w K c CL CL a. LO Q n Nrn+l 4" IL u C O In d A _Q� N -- N .. ru Cal _:...: m Cc r o U. 'Cb C a CL AGENDA REPORT TO: City Council October 20, 2005 FROM: Gary Crutchfi 1 Manager Workshop Mtg.: 10/24/05 P i SUBJECT: Ainsworth Overpass Project Funding I. REFERENCE(S): 1. Proposed letter of Agreement II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 10/24: Discussion III. FISCAL IMPACT: Up to $415,000 (Water/Sewer Fund) IV. HISTORY AND FACTS BRIEF: A) The Ainsworth Overpass project will construct an overpass across the railroad tracks at Ainsworth Avenue. The project was designed several years ago and was only recently made possible by a $5.2 million grant from the State of Washington. The project was put out to bid with the low bid being $315,000 more than the available funding for the project. Since there were seven bids and the current construction market has reflected higher than expected costs, staff believes the low bid is acceptable and the project should proceed. B) The Transportation Improvement Board (TIB) has agreed to provide $150,000 of additional funding from the state, leaving$165,000 to make up to meet the low bid. C) The construction project includes relocation of certain water and sewer pipelines owned by the city; the low bidder's estimate of those costs are $430,000. D) Even if the low bid is fulfilled at the contract award stage, there is nothing left in the budget for contingencies (certainly, the project is likely to find some unanticipated expense before it is done). V. DISCUSSION: A) It is proposed that the city commit to paying for the first $165,000 of relocating the water and sewer lines associated with this project. Doing so will fill the immediate gap needed to allow the project to go forward. In addition, it is recommended the city commit to as much as an additional $250,000 to cover possible contingencies during the construction of the project. The total additional commitment by the city would be about $415,000, somewhat less than the estimated cost for relocating the water and sewer lines if the city were to do that by separate contract. B) Although somewhat unusual, staff believes the proposed action by the city is warranted in view of the benefit of the overall project to the community and the fact that the city is not contributing any substantial portion of the construction cost. Staff recommends Council concurrence in the proposed funding solution. 3(k) PUBLIC WORKS DEPARTMENT (509)543-5738/ Scan 726-3444 1 Fax(509) 543-5737 1, P.O. BOX 293, 525 NORTH THIRD AVENUE, PASCO,WASHINGTON 99301 October 20, 2005 Jim Toomey,Manager Port of Pasco PO Box 769 Pasco, WA 99301 Re: Ainsworth Overpass Project Letter Agreement Dear Jim: On October 6, 2005 the City opened bids on the Ainsworth Overpass Project. The City received seven(7)bids with the low bidder submitting a bid of$5,572.277. The low bid was approximately$1.2 million more than the Engineer's estimate. The City believes, however,that the bids received do represent the fair market value for the project and re-bidding the project is not justified. The total funding for the project is $5,963,277 (see attachment A). Based on the low bid,the project is short$315,277. The Transportation Improvement Board(TIB)has committed an additional $150,000 bringing the shortfall to$165,277. In the bid proposal,there were bid items to relocate City water and sewer pipelines. The relocation costs in the low bidder's proposal for these utilities are approximately$430,000. The City will commit to paying$165,277 of the relocation cost and up to an additional $250,000 if needed to cover contingency costs during construction. Based on the discussion above,the City and Port of Pasco agree to proceed with the project and award the contract to the low bidder. The foregoing represents the mutual understanding between the parties, as evidenced by the signatures below. Gary Crutchfield, City Manager Jim Toomey,Manager City of Pasco Port of Pasco EXHIBIT A Funding for Ainsworth Overpass Project October 19, 2005 Or t - il��►�l'1�:��� i Port of Pasco 133,000 BNSF 80,000 WSDOT City of Pasco FMSIB 4,435,000 TIB 1,000,000 Total Funds Available 5,648,000 0 ...0 ton i rem lawn Apollo Low Bid 5,572,277 Construction Admin, AP 341,000 Construction Testing, WSDOT 40,000 Construction Inspection, WSDOT 10,000 Contin enc 0 Total Costs 5,963,277 Surplus/Deficit - 315,277 Adiiti+� G r _ TIB 150,000 City 165,277 Total Additional Funds 315,277 Surplus/Deficit 0 Icity 250,000 Total Contingency 250,000 AGENDA REPORT i i TO: City Council 10/21/05 FROM: Gary Crutchfi t Manager Workshop Mtg.: 10124/05 SUBJECT: Joint Planning of Regional Centers I. REFERENCE(S): 1. Proposed Interlocal Agreement II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 10/24: Discussion 111. FISCAL IMPACT: Up to $15,000 for share of consultant contract IV. HISTORY AND FACTS BRIEF: A) There has been considerable discussion in the Tri-Cities community over the past two years regarding the notion of the community financing a regional "aquatics center." In fact, the YMCA and other community partners raised $15,000 to develop a conceptual plan for such a facility and shared it with the community more than a year ago. Each of the three city councils have passed resolutions in the past which indicate their general support for the effort. B) In May of this year, an informal meeting between representatives of each of the three cities focused on the question of how best to identify regional centers that might be appropriate for the Tri-Cities future. The general consensus of that effort was that the three cities should jointly employ the services of a qualified consultant to carry out that work on behalf of all three cities. The result is intended to provide a single, collective view of regional facilities for the larger Tri-Cities community. In addition, it is hoped that the consultant can assist the three cities in identifying the best organizational form and strategy to assure fulfillment of the vision of such regional facilities for the community. C) The proposed interlocal agreement has been drafted to reflect the conclusions of the informal meeting. V. DISCUSSION: A) The proposed agreement is clear as to its objectives and the expected timeline and cost. In addition, the agreement proposes to include an oversight committee composed of two Councilmembers of each of the cities, with ex-officio participation by the respective city managers. That oversight committee would work closely with the selected consultant to assure that the product would meet the expectations of the contract. B) The past year of inaction regarding the potential for a regional aquatic center and/or performing arts center reflect the inability for any one of the individual cities to accomplish either of the projects. Until (and unless) all three cities commit to a collective planning effort, the Tri-Cities community (regardless of population size) will be unable to fully consider the possible addition of such facilities to improve the region's quality of life. The proposed cost represents, individually, a nominal investment in such a regional effort. C) Staff recommends Council indicate to the other two cities that it will enter into such an agreement if the other two cities are willing to do so as well. 3�1} WHEN RECORDED RETURN TO: City of Pasco, Washington 525 North 3rd Pasco WA 99301 INTERLOCAL AGREEMENT BETWEEN THE CITIES OF PASCO, KENNEWICK AND RICHLAND FOR JOINT PLANNING OF REGIONAL CENTERS BY THIS INTERLOCAL COOPERATION AGREEMENT entered into this day of , 2005, by and between the City of Pasco, City of Kennewick, City of Richland, herein after referred to as 'Parties" each being municipal corporations. WHEREAS, each of the cities being a party to this agreement are authorized to plan for the provision of recreation, entertainment and other leisure facilities for the benefit of their respective citizens; and WHEREAS, each of the Parties has created a "Public Facilities District" (PFD), as authorized under RCW 35.57, to create and/or operate "regional centers" of substantial size and as defined in RCW 35.57; and WHEREAS, various segments of the Tri-Cities community have, over the past two years, -expressed publicly the desire for a regional aquatics center and a regional performing arts center; and WHEREAS, the Parties recognize that, collectively, they have available greater resources for the development and operation of new regional centers and can avoid duplication of costs and the competition of efforts which may otherwise detract from individual efforts to accomplish such goals; and WHEREAS, the Parties are authorized, pursuant to RCW 39.34, to enter into interlocal cooperation act agreements to make the most efficient use of their powers by enabling them to cooperate on the basis of mutual benefit to provide services and facilities to best serve the needs of the Tri-Cities region; and Interlocal Agreement-Joint Planning of Regional Centers Page 1 WHEREAS, it is recognized that the first essential step in a collaborative effort to develop new regional centers is to jointly identify potential regional center projects, their approximate cost and anticipated benefits to the citizens of the Tri-Cities; and WHEREAS, the information regarding potential regional centers should be augmented to evaluate organizational options and recommend the preferred method by which the Tri-Cities could pursue collective financing, construction, operation and maintenance of such regional centers; and WHEREAS, the preparation of such a planning study will require specialized consulting assistance for the identification of such projects, the analysis of costs and benefits and the most effective methods by which the Parties may jointly realize the goal of new regional centers. NOW, THEREFORE, in consideration of the mutual covenants contained herein, it is agreed between the Parties as follows: SECTION I PURPOSE The purpose of this interlocal agreement is to provide for the preparation of a "Regional Centers Plan," identifying and prioritizing the needs and interests of Tri-Cities citizens for one or more regional centers as defined by RCW 35.57.020, the respective costs and benefits of each identified regional center, and recommending the most effective organizational structure and process by which to accomplish the development of such new regional centers. SECTION II TERM The term of this agreement shall not exceed eight (8) months unless extended in writing by mutual agreement of all Parties to this agreement. SECTION III RESPONSIBILITIES OF THE PARTIES Each party shall: A) Select and appoint two (2) City Councilmembers to serve on the Oversight Committee, provided for in Section IV. B) Provide such information and data it may have to assist in the formulation of the Regional Center Plan. C) Pay one-third of the actual cost for consulting services secured for the preparation of the Regional Centers Plan, provided the share of each party shall not exceed fifteen thousand dollars ($15,000). Interlocal Agreement-Joint Planning of Regional Centers Page 2 SECTION IV OVERSIGHT COMMITTEE The oversight committee shall be composed of two Councilmembers from each of the Parties: the committee shall be augmented by the City Manager of each of the Parties as non-voting liaison members. The Oversight Committee shall: A) Meet as often as it deems necessary and appropriate to effect its responsibilities under this agreement. B) Determine the scope of consultant services required and select the preferred consultant. C) Provide such information and direction to the consultant as is deemed appropriate by the Oversight Committee for the preparation of the Regional Centers Plan, as envisioned by this agreement. D) Present to the City Council of each of the Parties, the draft Regional Centers Plan and approve the final plan. SECTION V CONTRACTING AGENCY To assure a single point of contact and fulfillment of associated legal responsibilities, the City of hereby agrees to act as the Contracting Agency and to contract with the selected consultant on behalf of the Parties. Contracting Agency responsibility shall include the preparation and execution of the consultant services contract and the appropriate payment of invoices for services rendered in connection with the contract. The Contracting Agency shall also be responsible to bill the other Parties for reimbursement as provided in this agreement. SECTION VI AUDIT OF FINANCIAL RECORDS The Contracting Agency shall maintain books, records, documents and all other materials to sufficiently and properly reflect all expenditures made pursuant to this agreement. The Parties have full access and right to examine and copy all records of the Contracting Agency for the respective matters covered by this agreement during any term or renewal of this agreement and for three (3) years after its termination. SECTION VII INTERLOCAL COOPERATIVE ACT PROVISIONS Each party shall be solely responsible for all costs, materials, supplies and services necessary for their performance under the terms of this Agreement. All property and materials secured by each party in the performance of this Agreement shall remain the Interlocal Agreement-Joint Planning of Regional Centers Page 3 sole property of that party. Each party shall have full access and use of all data, information, reports and studies utilized in the preparation of the Regional Centers Plan which shall, upon adoption, become a public record. All funding incident to the fulfillment of this Interlocal Agreement, shall be borne by each party necessary for the fulfillment of their responsibilities under the terms of this Agreement. No special budgets or funds are anticipated, nor shall be created incident to this Interlocal Cooperation Agreement. It is not the intention that a separate legal entity be established to conduct the cooperative undertakings, nor is the acquisition, holding, or disposing of any real or personal property anticipated under the terms of this Agreement. The City Managers of each of the Parties shall be designated as the co-administrators of this Interlocal Cooperative Agreement. A copy of this Agreement shall be filed with the Benton and Franklin County Auditors; provided, however, that failure to file shall not affect the validity of this Agreement. SECTION VIII ENTIRE AGREEMENT This Agreement contains all the terms and conditions agreed upon by the Parties. All items incorporated by reference are attached. No other understandings, verbal or otherwise, in regards to the subject matter of this Agreement shall be deemed to exist. Any modifications to this Agreement shall be in writing and signed by both Parties to be effective. SECTION IX APPLICABLE LAW This Agreement is governed, construed and enforced in accordance with the substantive laws of the State of Washington. Should any dispute arise concerning the enforcement, breach, or interpretation of this Agreement, venue shall be placed in Franklin County, Washington and the prevailing party shall be entitled to its reasonable attorney fees and costs as additional judgment. SECTION X AUTHORITY FOR EXECUTION Each of the Parties warrants and represents that its representatives, whose signatures are below, possess all required authority to sign this Agreement and such powers have not, as of the date of this Agreement, been revoked or revised. IN WITNESS WHEREOF, the Parties have executed this Agreement on the day and year first written above. Interlocal Agreement-Joint Planning of Regional Centers Page 4 CITY OF PASCO: Michael L. Garrison, Mayor CITY OF KENNEWICK: James R. Beaver,Mayor CITY OF RICHLAND: Robert A. Welch, Mayor STATE OF WASHINGTON } ss. County of Franklin ) On this day personally appeared before me MICHAEL L. GARRISON, Mayor of the City of Pasco, Washington, to be known to be the individual described in and who executed the within and foregoing instrument, and acknowledged that he signed the same as his free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN under my hand and official seal this day of , 2005. NOTARY PUBLIC in and for the State of Washington Residing at: My Commission Expires: Interlocal Agreement-Joint Planning of Regional Centers Page 5 i i STATE OF WASHINGTON ) : ss. County of Benton ) On this day personally appeared before me JAMES R. BEAVER, Mayor of the City of Kennewick, Washington, to be known to be the individual described in and who executed the within and foregoing instrument, and acknowledged that he signed the same as his free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN under my hand and official seal this day of , 2005. NOTARY PUBLIC in and for the State of Washington Residing at: My Commission Expires: STATE OF WASHINGTON ) . ss. County of Benton ) On this day personally appeared before me ROBERT A. WELCH, Mayor of the City of Richland, Washington, to be known to be the individual described in and who executed the within and foregoing instrument, and acknowledged that he signed the same as his free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN under my hand and official seal this day of , 2005. NOTARY PUBLIC in and for the State of Washington Residing at: My Commission Expires: Interlocal Agreement-Joint Planning of Regional Centers Page 6 AGENDA REPORT TO: City Council October 21, 2005 FROM: Gary Crutchf' 1 anager Workshop Mtg.: 10/24/05 SUBJECT: Policy Questio for Community Survey I. REFERENCE(S): 1. Memorandum from Management Assistant dated 10/21/05 Q II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 10124: Discussion towards consensus III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: A) The city has tentatively committed to the conduct of a community survey by the National Citizens Survey over the winter; the results of the survey should be available by the end of January, in time for use through the community forum/Council retreat process scheduled for February and March of next year. The survey includes the opportunity for the city to identify three policy questions selected by the city; additional questions can be added at the price of$500 each. Please refer to the attached memorandum from Elden Buerkle, Management Assistant, which explains the survey requirements and lists nine potential questions which were developed by staff in response to the discussion of Council at the prior workshop meeting. V. DISCUSSION: A) Council may select any three (or perhaps a fourth) from the attached list or can identify different such questions for selection. In any event, the preferred policy questions should be selected by consensus at the workshop, as the city needs to advise the National Citizens Survey of our selections by October 25. 3(m) MEMORANDUM October 21, 2005 TO: Gary Crutchfield, City Manager FROM: Elden Buerkle, Management Assistant RE: Possible Policy Questions for the Community Survey The National Citizen Survey includes three policy questions. More policy questions can be added for an additional charge of$500 each as long as there is room for them on page 4 of the survey instrument (probably limited to a maximum of another two questions). There are a lot of options available as to how policy questions may be formatted, including up to 10 responses, though it is recommended that the number of responses be limited as much as possible. The attached sample illustrates how policy questions may be formatted. Here are the possible policy questions we discussed including on the survey: 1. The City should allocate resources (tax dollars) to encourage revitalization of Pasco's downtown. A. Strongly agree B. Agree C. Neither agree nor disagree D. Disagree E. Strongly disagree 2. The City of Pasco and Franklin County should share the cost of maintaining and operating Chiawana Park. A. Strongly agree B. Agree C. Neither agree nor disagree D. Disagree E. Strongly disagree 3. The City of Pasco should on its own assume all the cost of maintaining and operating Chiawana Park. A. Strongly agree B. Agree C. Neither agree nor disagree D. Disagree E. Strongly disagree 4. The City of Pasco should partner with another organization (for example, the Mid-Columbia Library or the YMCA) to open a computer facility (with about 20 computer stations) with internet access for the public to use for homework, research, entertainment, etc. A. Strongly agree B. Agree C. Neither agree nor disagree D. Disagree E. Strongly disagree 5. 1 would be willing to pay an increased sales tax of 1110 of one percent(one extra penny on each $10 purchase) to have a regional aquatic center in the Tri-Cities. A. Strongly agree B. Agree C. Neither agree nor disagree D. Disagree E. Strongly disagree Possible Survey Policy Questions page 2 6. All three City of Pasco swimming pools require major rebuilding. A less expensive alternative would be to replace the two smaller,neighborhood pools (Kurtzman and Richardson) with sprayground water play areas (without swimming pools), and completely rebuild Memorial Pool as a swimming pool. The City should use this option rather than rebuilding all three swimming pools. A. Strongly agree B. Agree C. Neither agree nor disagree D. Disagree E. Strongly disagree 7. The City has a history of participating financially with the Pasco School District on programs and facilities. Do you agree that the City of Pasco should participate financially with the Pasco School District on programs and facilities? A. Strongly agree B. Agree C. Neither agree nor disagree D. Disagree E. Strongly disagree 8. The Code Enforcement Division is responsible for enforcing regulations regarding landscaping, buildings, weed/dust control, etc. to try to ensure that Pasco's neighborhoods are well maintained. Which of the choices below best describes your opinion of how these regulations should be enforced? A. More/stricter enforcement is needed B. The level of enforcement is about right C.There should be less enforcement 9. Which of the following is a major Pasco problem to which the City should devote more resources (tax dollars)? Please choose only one option. A. Traffic flow D. Downtown revitalization B. Crime E. Adult recreation C. Parks F. Youth recreation Attachment Sample Policy Questions for The National Citizen SurveyT"" The following are possible options for structuring your policy questions. Note that there are several "check all that apply" options and that we do not recommend a question structure where you ask residents to prioritize responses by numbers. a. To what extent do you support or oppose the proposed annexation of the Main Street area to ensure growth in that area is compatible with growth in the City? ❑ strongly support ❑ somewhat oppose ❑ somewhat support ❑ strongly oppose ❑ neither support nor oppose b. To what extent do you agree or disagree with the proposed one-way pair that would convert Oak Street and 5""Avenue as one-way streets to alleviate traffic congestion? ❑ strongly agree ❑ somewhat disagree ❑ somewhat agree ❑ strongly disagree ❑ neither agree nor disagree ❑ don't know c. How likely or unlikely would you be to vote in favor of a downtown parking garage as a means of alleviating parking in the City Square? ❑ very likely ❑ somewhat unlikely ❑ somewhat likely ❑ very unlikely ❑ neither likely nor unlikely ❑ don't know d. Which of the following are you willing to fund with additional taxes? (Please check all that you would be willing to fund with additional taxes.) ❑ Public safety ❑ More recreational facilities(ballfields, etc.) ❑ Traffic reduction measures/road improvements ❑ Preservation of salmon habitat and wetlands protection ❑ Economic development e. Based on the current downturn in the economy,the City will need to increase revenues or reduce services. To what extent do you support action to increase revenues(i.e.taxes; fees; etc.)to maintain existing levels of service? • Strongly support ❑ Somewhat oppose • Somewhat support ❑ Strongly oppose ❑ Neither support nor oppose ❑ Don't know f. If the City were to have to reduce services, in which City services are you willing to make changes? (Check all that apply.) ❑ Reduce the level of street and roadway maintenance ❑ Increase time for the City to answer citizen's complaints on code enforcement El Eliminate fire safety education programs ❑ Eliminate police school resource, DARE and crime prevention programs ❑ Reduce recreation programs or park maintenance National Research Center, Inc., 3005 30" Street Boulder, CO 80301 Fax (303) 444-1145 a Phone(303)444-7863 Contact: Heather @n-r-c.com g. For which of the following new capital improvements would you vote in favor of General Obligation bonds as a method of financing the improvement? (Check all that apply.) ❑ Justice Center ❑ Community Center(seniors/teens) ❑ Acquire/purchase additional park property,trails, open space ❑ Develop existing parks ❑ Improve streets and sidewalks h. How likely or unlikely would you be to conduct business with the Village via the Internet if it were available? For example, pay for permits, pay coup:fines or tax payments, register for a recreation class or book a facility. ❑ Very likely ❑ Somewhat unlikely ❑ Somewhat likely ❑ Very unlikely ❑ Neither likely nor unlikely i. Please rate how important you think each of the following investments is for Sunshine County: very somewhat not at all don't essential important important important know Investment in open space.........................................1 2 3 4 5 Investment in youth programs like Sunshine County Youth Corps and other programs foryouth................................................................1 2 3 4 5 Investment in programs for children .........................1 2 3 4 5 Investment in programs for senior citizens ...............1 2 3 4 5 Investment in public safety areas like law enforcement,fire protection and County jail ........1 2 3 4 5 Investment in the County road system including new and improved transportation and roads ....... 1 2 3 4 5 Investment in recycling programs .............................1 2 3 4 5 Investment in maintenance of public buildings and facilities to achieve a safe, pleasant environment .........................................................1 2 3 4 5 Investment in computing technology ........................1 2 3 4 5 j. How likely would you be to use each of the following methods for conducting business with Sunshine County: very somewhat neither likely somewhat very don't likely likely nor unlikely unlikely unlikely know Internet......................................................................1 2 3 4 5 6 Automated (telephone) Information System..............1 2 3 4 5 6 Telephone during business hours.............................1 2 3 4 5 6 Visit offices personally...............................................1 2 3 4 5 6 National Research Center, Inc., 3005 30"Street Boulder, CO 80301 Fax(303) 444-1145 • Phone(303) 444-7863 Contact: Heather @n-r-c.com k.To what extent do you agree or disagree with each of the following statements: strongly neither agree strongly don't agree agree nor disagree disagree disagree know a. When choosing leisure activities (entertainment, recreation, dining, shopping, etc.) I consider Anytown first..........................................................1 2 3 4 5 6 b. I feel that the wide variety of services provided by the Town help make Anytown unique and I prefer to pay the level of taxes necessary to maintain this variety..............................................1 2 3 4 5 6 c. I feel the downtown development has been a positive addition to Anytown ................................. 1 2 3 4 5 6 16a. During the past twelve months, did you or anyone in your household have contact with the Anytown Police Department? O No 4 Go to question#17 O Yes 4 Go to question#16b O Don't know 16b. If yes, how do you rate the quality of your contact with the Anytown Police Department? • Excellent • Good • Fair • Poor • Don't know I. Sunshine County has experienced significant growth in the past five years resulting in an increase in traffic congestion. The county has identified the need to fund over$300 million in road maintenance, repair and construction projects to address current traffic issues and to prepare for future needs. Please indicate to what extent you support or oppose each of the following items as a way to address Sunshine's traffic congestion problems: Strongly Somewhat Neither support Somewhat Strongly Don't sUppOft suJDOrt nor oppose oppose oppose know Increased sales tax..........................................................1 2 3 4 5 6 Increased impact fees on new home construction...........1 2 3 4 5 6 Increased property taxes .................................................1 2 3 4 5 6 Increased real estate transaction fees.............................1 2 3 4 5 6 Increased fuel tax.............................................................1 2 3 4 5 6 No additional resources are needed................................1 2 3 4 5 6 National Research Center, Inc., 3005 30" Street Boulder, CO 80301 Fax (303) 444-1145 • Phone(303) 444-7863 Contact: Heatheron-r-c.com