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HomeMy WebLinkAbout2013.05.13 Council Workshop PacketAGENDA PASCO CITY COUNCIL Workshop Meeting 7:00 p.m. May 13, 2013 1, CALL TO ORDER 2. ROLL CALL: (a) Pledge of Allegiance. 3. VERBAL REPORTS FROM COUNCILMEMBERS: 4, ITEMS FOR DISCUSSION: (a) Parks and Recreation Advisory Council Interview: 1. Agenda Report from Gary Crutchfield, City Manager dated May 9, 2013. I Application (1) (Council packets only). (b) Historic Preservation Committee Interviews: 1. Agenda Report from Gary Crutchfield, City Manager dated May 9, 2013. 2. Applications (2) (Council packets only). (c) Code Amendment (MF #CA2013 -001) Airport Zoning: 1. Agenda Report from Dave McDonald, City Planner dated May 7, 2013. 2. Proposed Ordinance. 3. Staff Memo to the Planning Commission dated 4/25/13. 4. Planning Commission Minutes dated 4/25/13. (d) Pasco Municipal Code Violations of Auto Repair Businesses: 1. Agenda Report from Rick White, Community & Economic Development Director dated May 6, 2013. 2. Proposed Resolution. (e) Franklin County Affordable Housing Interlocal Agreement (MF #AGRMT2013 -003): 1. Agenda Report from Rick White, Community & Economic Development Director dated May 9, 2013. 2. May 1, 2013 Letter from Benton Franklin Counties Department of Human Services. 3. Draft First Amendment to the Interlocal Cooperation Agreement. 4. Underline and Strikeout Summary of the Proposed Revisions. 5. Proposed Resolution. (f) Professional Services Agreement for Water Resources Plan: 1. Agenda Report from Ahmad Qayoumi, Public Works Director dated May 7, 2013. 2. Professional Services Agreement Summary. (g) Industrial Pre - Treatment Program: I. Agenda Report from Ahmad Qayoumi, Public Works Director dated May 7, 2013. 2. Administrative Order from Washington State Department of Ecology. (h) Traffic Signal Controller Replacement Plan: 1. Agenda Report from Ahmad Qayoumi, Public Works Director dated May 8, 2013. 2. Amendment No. 1 to Professional Services Agreement. (i) Amendment to Interlocal Agreement with Port of Walla Walla for Wastewater Treatment and Disposal Services: 1. Agenda Report from Stan Strebel, Deputy City Manager dated May 6, 2013. 2. Proposed Amendment. (j) Encroachment Agreement for Franklin County Jail: 1. Agenda Report from Stan Strebel, Deputy City Manager dated May 8, 2013. 2. Proposed Agreement. (k) Electronic Council Agenda Packets: 1. Agenda Report from Stan Strebel, Deputy City Manager dated May 7, 2013. 2. Draft iPad Policy. Workshop Meeting 2 May 13, 2013 5. OTHER ITEMS FOR DISCUSSION: (a) (b) (c) 6. EXECUTIVE SESSION: (a) (b) (c) 7. ADJOURNMENT REMINDERS: 1. 12:00 p.m., Monday, May 13, Pasco Red Lion — Pasco Chamber of Commerce Membership Luncheon. (Presenter: Cos Edwards, Executive Director, Workforce Development Council) 2. 6:00 p.m, Monday, May 13, Conference Room #1 — Old Fire Pension Board .Meeting. (COUNCILMEMBER REBECCA FRANCIK, Rep.; SAUL MARTINEZ, Alt.) 3. 2:00 p.m., Tuesday, May 14, BF Health Department — Continuum of Care Task Force Meeting. (COUNCILMEMBER AL YENNEY) 4. 9:00 a.m., Thursday, May 16, CBC — Washington State Parks & Recreation Commission Meeting Welcome Address. (COUNCILMEMBER SAUL MARTINEZ) 5. 11:30 a.m., Friday, May 17 — Benton - Franklin Council of Governments Board Meeting. (COUNCILMEMBER AL YENNEY, Rep.; REBECCA FRANCIK, Alt.) TO: City Council FROM: Gary SUBJECT: Parks and I. II. III. IV REFERENCE(S): AGENDA REPORT Manager Advisory Council Interview 1. Application (1) (Council packets only) May 9, 2013 Workshop Mtg.: 5/13/13 ACTION REQUESTED OF COUNCIL /STAFF RECOMMENDATIONS: 5/13: Council to conduct brief interview with Jennifer Martinez. HISTORY AND FACTS BRIEF: A) The Parks and Recreation Advisory Council is composed of seven members; terms are three years. The board meets on the 1st Thursday of every month at 5:30 p.m. B) The Parks and Recreation Advisory Council advises the City Council on recreation activities and facilities needed in the community. C) There is one recently - vacated position: 1. Position No. 1 (vacant) D) After Council Screening Committee review of all applications, the following applicant has been selected to interview for possible appointment to Position No. 1: 1. Jennifer Martinez ........................ ............................... 8612 Gatwick Court DISCUSSION: A) After conduct of an interview at the May 13 Workshop meeting, it is proposed that appropriate appointment be made by the Mayor, subject to confirmation by the Council, at the May 20 meeting. 4(a) TO: City Council FROM: Gary SUBJECT: Historic I. II. III. L U11 REFERENCE(S): AGENDA REPORT Manager Committee Interviews 1. Applications (2) (Council packets only) May 9, 2013 Workshop Mtg.: 5/13/13 ACTION REQUESTED OF COUNCIL /STAFF RECOMMENDATIONS: 5113: Council to conduct brief interviews with Malin Bergstrom and Bob Williamson. HISTORY AND FACTS BRIEF: A) The Historic Preservation Committee is composed of five members; terms are for three years. The board meets the second Wednesday of each month. B) The Historic Preservation Committee: identifies and actively encourages the conservation of Pasco's historic resources by reviewing National Register properties applying for Special Tax Valuation; raises community awareness of Pasco's history and historic resources; and serves as the City of Pasco's primary resource in matters of history, historic planning and preservation. C) There is one position whose term has expired: 1. Position No. 5 (currently Devi Tate) D) The Council screening committee concluded that the incumbent in Position No. 5 be reappointed without interview (interviewed for initial appointment 4/12). E) At the present time there is one vacant, unexpired term: 1. Position No. 1 (vacant) term expiration date of 8/l/14 F) After Council Screening Committee review of all applications, the following have been selected to interview for possible appointments: Malin Bergstrom .............................. ...........................4219 Santa Ana Loop Bob Williamson .... ............................... ...........................8303 Lummi Drive DISCUSSION: A) After conduct of interviews at the May 13 Workshop meeting, it is proposed that appropriate appointments be made by the Mayor, subject to confirmation by the Council, at the May 20 Business meeting. 4(b) AGENDA REPORT FOR: City Council TO: Gary Crutchfi Manager Rick White, Community & nomic Development Director '114 FROM: David I. McDonald, City Planner SUBJECT: Code Amendment: (MF # CA2013 -001) Airport Zoning I. REFERENCES 1. Proposed Ordinance 2. Staff memo to the Planning Commission dated 4/25/13 3. Planning Commission Minutes dated 4/25/13 May 7, 2013 Workshop: 5/13/13 II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 5/13: Discussion III. FISCAL IMPACT: NONE IV. HISTORY AND FACTS BRIEF: A. Approximately every 10 years the Port of Pasco updates the Tri- Cities Airport Master Plan. B. Early in the most recent Master Planning process the Port, City and County staff began meeting to discuss the need for updating the airport zoning regulations to guide growth around the airport. The current airport zoning regulations were adopted in early 1972 and have remained virtually unchanged for 41 years. C. The Planning Commission held a public workshop on March 20, 2013 and a conducted a public hearing on April 25, 2013 to review the proposed airport zoning regulations prior to making a recommendation to the City Council. V. DISCUSSION: A. Major changes in the code include the addition of a purpose statement, definitions specific to the airport including a diagram visually explaining airspace zones, airport safety compatibility zones, general review procedures and the requirement for a disclosure statement on residential properties within close proximity to the airport. B. The proposed code establishes six new "Airport Safety Compatibility Zones" around the airport. The new zones are tied to airport functions related to plane movements near the airport. These zones control the types of land uses permitted near the airport. C. Representatives of the Port of Pasco will be present at the workshop to provide a presentation of the proposed Airport Overlay Zone. D. Following the 60 -day review by the Department of Commerce staff will prepare the final ordinance for Council's consideration. 4(c) ORDINANCE NO. AN ORDINANCE RELATING TO ZONING AND AMENDING PMC TITLE 25 BY REPEALING CHAPTER 25.82 AND CREATING A NEW CHAPTER 25.81 DEALING WITH AIRPORT PROTECTION ZONES AND RELATED PROVISIONS. WHEREAS, cities have the responsibility to manage physical development within their borders and to ensure public health, safety and welfare are maintained; and, WHEREAS, the Tri- Cities Airport is located within the City of Pasco; and, WHEREAS, the updated (2012) Tri- Cities Airport Master Plan identifies airport improvements necessary to accommodate an increasing population base and travel demands for the Tri-City region; and, WHEREAS, the Tri- Cities Airport Master Plan includes a 1,200 foot extension to runway 12 to the northwest which will impact land use and development to the northwest of the airport; and, WHEREAS, State planning and airport laws (RCW 36.70.547 & RCW 14.12.030) require communities with airports to develop regulations that limit structure heights and control land uses adjacent to airports; and, WHEREAS, the Planning Commission held a public meeting on April 25, 2013 and to consider development regulations for areas surrounding the airport and made a recommendation that the City Council amend PMC Title 25 by repealing Chapter 25.82 "Airport Zoning" and replacing the same with a new Chapter 25.81 "Airport Overlay District"; and, WHEREAS, the City Council has determined that to further the purposes of maintaining the integrity of the Tri-City Airport, it is necessary to amend PMC Title 25; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DOES ORDAIN AS FOLLOWS: Section 1. That Chapter 25.82 entitled "AIRPORT ZONING" of the Pasco Municipal Code be and the same is hereby repealed in its entirety: Section 2. That a new Chapter 25.81 entitled "AIRPORT OVERLAY DISTRICT" of the Pasco Municipal Code be and the same is hereby enacted to read as follows: WOW CHAPTER 25.81 AIRPORT OVERLAY DISTRICT 25.81.010 PURPOSE 25.81.020 AIRPORT OVERLAY DISTRICT 25.81.030 AUTHORITY 25.81.040 APPLICABILITY 25.81.050 DEFINITIONS 25.81.060 HEIGHT LIMITATION ZONES 25.81.070 HEIGHT LIMITATIONS 25.81.080 USE RESTRICTIONS 25.81.090 AIRPORT SAFETY COMPATIBILITY ZONES 25.81.100 GENERAL REVIEW PROCEDURES 25.81.110 DISCLOSURE 25.81.010 PURPOSE. The purpose of the Airport Overlay District is to protect the viability of the Tri- Cities Airport as a significant resource to the community by encouraging compatible land uses, densities and reducing hazards that may endanger the lives and property of the public and aviation users. 25.81.020. AIRPORT OVERLAY DISTRICT. There is hereby created an airport overlay district as identified in the map made a part hereof and labeled Tri- Cities Airport Future Part 77 Zones Map dated , and the Airport Safety Compatibility Zones map, as established by the current Tri-Cities Airport Master Plan. All lands lying within the zones therein shown within the city limits of Pasco are subjected to the building and use restrictions within this chapter. This chapter shall be used in addition to and in combination with all other district and development regulations contained in this title. The Airport shall be responsible for providing updated maps to the City coincident with 10 year updates to the Airport Master Plan. The Airport Overlay District classification identifies a series of imaginary surfaces and safety zones within the airport influence area that has historically been prone to hazards associated with aircraft and airports. This chapter is based on aircraft accident data from the National Transportation Safety Board (NTSB) and the Federal Aviation Regulations (FAR) Part 77 Imaginary Surfaces and the "Airports and Compatibility Land Use Guidebook" produced by the Washington State Department of Transportation Aviation Division. As the name implies, this classification is laid over the existing City of Pasco zoning districts to ensure that densities and land use requirements of the underlying zoning districts are consistent with the NTSB standards and provide for maximum protection to the public, health, safety and general welfare of the community and for those citizens working and residing within the airport influence area. 25.81.030. AUTHORITY. The legislature of the State of Washington through RCW 14.12 the "Airport Zoning Act' has given authority to local governments to adopt regulations within its jurisdiction to promote the public health, safety, and general welfare of its citizenry regarding airport hazards. RCW 36.70.547 requires every county, city, and town in which there is located an airport to discourage the siting of incompatible uses adjacent to such aviation airport. LM 25.81.040. APPLICABILITY. The provisions of this chapter shall apply to all lands, buildings, structures, natural features or uses located within those areas that are defined by the Airport Overlay District and designated on the Tri- Cities Airport Part 77 Surfaces map which identifies areas of height limitations and the Airport Safety Compatibility Zones (ASCZ) map. 25.81.050. DEFINITIONS. The following terms shall have the meanings indicated, specific to this chapter only: AIRPORT: The Tri- Cities Airport. AIRPORT ELEVATION: The highest point of an airport's useable landing area measured in feet from sea level. The Tri- Cities Airport is four hundred ten feet (410') above mean sea level. APPROACH SURFACE: An imaginary surface longitudinally centered on the extended runway centerline, extending outward and upward from the end of the primary surface and at the same slope as the approach zone height limitation slope set forth in Chapter 25.81.060. The perimeter of the approach surface coincides with the perimeter of the approach zone. CONICAL SURFACE: An imaginary surface extending outward and upward from the periphery of the horizontal surface at a slope of twenty to one (20:1) for a horizontal distance of four thousand feet (4,000'). DEED NOTICE: A formal statement provided in 25.81.110 as a note on the face of a short plat, major subdivision or binding site plan or recorded against the property notifying potential property owners that the property is located adjacent to an active airport and said property may be impacted by aircraft noise, odors, vibration, and low flying aircraft. FAA FORM 7460 -1, NOTICE OF PROPOSED CONSTRUCTION OR ALTERATION: A form which the Federal Aviation Administration requires to be completed by anyone who is proposing to construct or alter an object that could affect airspace and allows the FAA to conduct an airspace analysis to determine whether the object will adversely affect airspace or navigational aids. More information regarding this requirement can be found on the FAA website. FAR PART 77 SURFACES: The Part of 49 CFR of the Federal Aviation Regulations that deals with objects affecting navigable airspace. FAR PART 77 ZONES: Imaginary airspace surfaces established with relation to each runway of an airport. There are five types of surfaces: (1) primary; (2) approach; (3) transitional; (4) horizontal; and (5) conical. t Approach ;ion Approach HAZARD TO AIR NAVIGATION: An obstruction determined to have a substantial adverse effect on the safe and efficient utilization of the navigable airspace. HEIGHT: For the purpose of determining the height limits in all zones and as shown on the Tri- Cities Airport Future Part 77 Zones map, this datum shall be height above mean sea level elevation unless otherwise specified. HORIZONTAL SURFACE: A horizontal plane one hundred fifty feet (150') above the established airport elevation, the perimeter of which plane coincides with the inner perimeter of the conical surface. This is five hundred sixty feet (560') above mean sea level for the Tri-Cities Airport. INFILL: Development designed to occupy scattered vacant parcels of land which remain after the majority of development has occurred in an area. OBSTRUCTION: Any object of natural growth, terrain, of permanent or temporary construction or alteration, including equipment or materials used therein which exceeds a limiting height set forth in Chapter 25.81.070. PRECISION APPROACH: A landing approach made without visual reference to the ground by the use of aircraft instruments and ground -based electronic or communications systems or devices. An aircraft making such an approach should be flying in accordance with an IFR (instrument flight rules) flight plan. PRIMARY SURFACE: A surface longitudinally centered on a runway with a width of one thousand feet (1,000') for instrument approaches and five - hundred feet (500') for visual approaches. When the runway has a specially prepared hard surface, the primary surface extends two hundred feet beyond each end of the runway. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway centerline. The elevation of the Primary Surface at the Tri- Cities airport is four hundred ten feet (410') above mean sea level. RUNWAY: A defined area on an airport prepared for landing and take -off of aircraft along its length. TRANSITIONAL SURFACES: These imaginary surfaces extend outward at ninety- degree angles to the runway centerline, and runway centerline extended, at a slope of seven feet (7') horizontally for each foot vertically (7:1) from the sides of the primary and approach surfaces to where they intersect with the horizontal and conical surfaces. TREE: Any object of natural growth. VISUAL RUNWAY: A runway intended solely for the operation of aircraft using visual approach procedures, with no straight -in instrument approach procedure and no instrument designation indicated on an FAA - approved airport layout plan. 25.81.060 HEIGHT LIMITATION ZONES. The height limitation zones are hereby established, consistent with the FAR Part 77 Surfaces — Objects Affecting Navigable Airspace, and are described below. (1) PRECISION INSTRUMENT APPROACH ZONE. Includes Runways 3L, 21R, 30. A precision instrument approach zone is established at each end of a precision instrument runway for instrument landings and takeoffs. The precision instrument approach zones shall have a width of one thousand feet (1,000') at a distance of two hundred feet (200') beyond each end of the runway, coinciding with the Primary Surface, widening thereafter uniformly to a width of sixteen thousand feet (16,000') at a distance of fifty thousand two hundred feet (50,200') beyond each end of the runway, its centerline being the continuation of the centerline of the runway. (2) NON - PRECISION INSTRUMENT APPROACH ZONE. Includes Runway 12. A Non - Precision instrument approach zone is established at each end of a Non - Precision instrument runway for improved landings and takeoffs. The non - precision instrument approach zones shall have a width of five hundred feet (500') at a distance of two hundred feet (2001) beyond each end of the runway, thereafter widening uniformly to a width of three thousand five hundred feet (3,500') at a distance of ten thousand two- hundred feet (10,200') beyond each end of the runway, it's centerline being the continuation of the centerline of the runway. 5M (3) VISUAL APPROACH ZONE, Includes Runways 3R and 21L. A visual approach zone is established at each end of all visual runways for landings and takeoffs. The visual approach zones shall have a width of five hundred feet (500') at a distance of two hundred feet (200') beyond each end of the runway, widening thereafter uniformly to a width of one thousand five hundred (1,500) feet at a distance of five thousand two hundred feet (5,200') beyond each end of the runway, its centerline being the continuation of the centerline of the runway. (4) TRANSITION ZONES. Transition zones are hereby established adjacent to each instrument and non - instrument runway and approach zone as indicated on the Tri- Cities Airport Future Part 77 Zones map. Transition zones symmetrically located on either side of runways have variable widths as shown on the map. Transition zones extend outward from a line two hundred fifty feet (250') on either side of the centerline of the non - instrument runway, for the length of such runway plus two hundred feet (200') on each end; and five hundred feet (500') on either side of the centerline of the instrument runway, for the length of such runway plus two hundred feet (200') on each end, beginning at and are parallel and level with such runway centerlines. The transition zones along such runways slope upward and outward one foot vertically for each seven feet horizontally to the point where they intersect the surface of the horizontal zone. Further, transition zones are established adjacent to both instrument and non- instrument approach zones for the entire length of the approach zones. These transition zones have variable widths, as shown on the Tri-Cities Airport Future Part 77 Zones map. Such transition zones flare symmetrically with either side of the runway approach zones from the base of such zones and slope upward and outward at the rate of one foot vertically for each seven feet horizontally to the points where they intersect the horizontal and conical surfaces. Additionally, transition zones are established adjacent to the instrument approach zone where it projects through and beyond the limits of the conical zone, extending a distance of five thousand feet measured horizontally from the edge of the instrument approach zones at right angles to the continuation of the centerline of the runway. (5) HORIZONTAL ZONE. A horizontal zone is hereby established as the area within a horizontal plane one hundred fifty feet (150') above the established airport elevation or at a height of five hundred sixty feet (560') above mean sea level, the perimeter of which is constructed by swinging arcs of ten thousand feet radii from the center of each end of the primary surface of each runway of the airport and connecting the adjacent arcs by lines tangent to those arcs. The horizontal zone does not include the instrument and non - instrument approach zones and the transition zones. (6) CONICAL ZONE. A conical zone is hereby established as the area that commences at the periphery of the horizontal zone and extends outward therefrom a distance of four thousand feet. The conical zone does not include the instrument approach zones and transition zones. 25.81.070 HEIGHT LIMITATIONS. No building, pipe, chimney, tower, steeple, stand, platform, pole, wire or structure or erection or object of natural growth, or obstruction of any kind or nature whatsoever, shall be built, placed, hung, or permitted to grow or allowed to be built, placed or hung which shall at any point or part thereof exceed the heights as provided in the zones established herein. Where an area is covered by more than one height limitation, the more restrictive limitations shall prevail. The restrictions shall apply to the area surrounding all runways and approaches situated thereon. The owner of any existing nonconforming building, structure, or tree shall be required to permit the installation, operation, and maintenance thereon of any markers and lights as deemed necessary by the airport sponsor or the FAA to indicate to me operators of aircraft in the vicinity of the airport the presence of such airport obstruction. Such height limitations are hereby established for each zone as follows: (1) Precision Instrument Approach Zone. Beginning at the end of and at the same elevations as the Primary Surface, slopes one foot in height for each fifty feet (50:1) in horizontal distance and extending to a distance of ten thousand two hundred feet (10,200) from the end of the runway; thence one foot in height for each forty feet in horizontal distance to a point fifty thousand two hundred feet (50,200) from the end of the runway; (2) Non - Precision Instrument Approach Zone. Beginning at the end of and at the same elevations as the Primary Surface, slopes one foot in height for each thirty -four feet (34:1) in horizontal distance and extending to a distance of ten thousand two hundred feet (10,200) from the end of the runway; (3) Visual Approach Zones. Beginning at the end of and at the same elevation as the Primary Surface, slopes one foot in height for each twenty feet (20:1) in horizontal distance and extending to a point ten thousand two hundred feet (5,200') from the end of the runway; (4) Transition Zones. Slopes outward one foot in height for each seven feet (7:1) in horizontal distance beginning at the Primary Surface, extending to a height of one hundred fifty feet (150') above the airport elevation which is four hundred ten feet (410') above mean sea level. In addition to the foregoing, there are established height limits of one foot vertical height for each seven feet horizontal (7:1) distance measured from the edges of all approach zones for the entire length of the approach zones and extending upward and outward to the points where they intersect the horizontal or conical surfaces. Further, where the instrument approach zone projects through and beyond the conical zone, a height limit of one foot for each seven feet of horizontal distance shall be maintained beginning at the edge of the instrument approach zone and extending a distance of five thousand feet (5,000') from the edge of the instrument approach zone measured normal to the centerline of the runway extended; (5) Horizontal Zone. One hundred fifty feet (150') above the airport elevation or a height of five hundred sixty feet (560) above mean sea level; (6) Conical Zone. Slopes outward one foot in height for each twenty feet (20:1) of horizontal distance beginning at the periphery of the horizontal zone, extending four thousand feet (4,000') to a height of three hundred fifty feet (350') above the airport elevation or a height of seven hundred sixty feet above mean sea level (760'). 25.81.080 USE RESTRICTIONS. (1) General Requirements: Notwithstanding any other provisions of this chapter, no use may be made of land or water within any zone established by this chapter in such a manner as to create electrical interference with navigational signals or radio communication between the airport and aircraft, make it difficult for flyers to distinguish between airport lights and others, result in glare in the eyes of flyers using the airport, impair visibility in the vicinity of the airport, create bird strike hazards or otherwise in any way endanger or interfere with the landing, taking off, or maneuvering of aircraft. (2) Lighting: No new or expanded industrial, commercial, recreational or residential use shall project lighting directly onto an existing runway, taxiway, or approach/departure surface except where necessary for safe air travel. Lighting for these uses shall incorporate shielding to reflect light away from the airport and shall not imitate airport lighting. (3) Communications Facilities: Approval of cellular and other communications or transmission towers located within any zone described within section 25.81.060 shall be conditioned to require their removal within 90 days of discontinuance of use. 25.81.090 AIRPORT SAFETY COMPATIBILITY ZONES. Zones described below are shown in the Airport Safety Compatibility Zones (ASCZ) map with the prohibited land uses listed below in order to promote the general safety and welfare of properties surrounding the airport and the continued viability of the airport. Zone 1 — Runway Protection Zone (RPZ): only airport uses and activities are allowed within the RPZ. Zone 2 — Inner Approach/Departure Zone: Prohibited land uses within this zone are residences (all residential zones except areas south of I -182 where infill residential is allowed similar in density to the existing residential development), places of public assembly such as churches, schools (K -12), colleges, hospitals; high density office, retail or service buildings; shopping centers and other uses with similar concentrations of persons. Production of asphalt paving and roofing materials or rock crushing are also prohibited. Fuel storage facilities or the storage or use of significant amounts of materials which are explosive, flammable, toxic, corrosive, or otherwise exhibit hazardous characteristics shall not be located within the Inner Approach/Departure Zone. Hazardous wildlife attractants including waste disposal operations, water management and storm water facilities with above - ground water storage, and man-made wetlands shall not be allowed within the Inner Approach/Departure Zone. All new infill residential development must include the disclosure statement in Chapter 25.81.110 on plats, short plats and binding site plans. Zone 3 — Inner Turning Zone: Prohibited land uses within this zone are schools (K -12) and hospitals. New residential development is prohibited unless it is infill residential similar in density to the existing residential development. All new infill residential development must include the disclosure statement in Chapter 25.81.110 on plats short plats and binding site plans. Zone 4 — Outer Approach/Departure Zone: Prohibited land uses within this zone are places of public assembly such as churches, schools (K -12), hospitals, shopping centers and other uses with similar concentrations of persons. Low density residential is permitted on legal lots of record and on new lots provided the new lots are 20,000 square feet or larger. All new residential development must include the disclosure statement in Chapter 25.81.110 on plats, short plat and binding site plans. Zone 5 — Sideline Zone: Prohibited land uses within this zone are residences, except residences that are constructed to replace existing residences, of like size and type, damaged by fire and other causes, places of public assembly such as churches, schools, hospitals, shopping centers and other uses with similar concentrations of persons. Mining, including sand and gravel pits are prohibited in the Sideline Zone. Zone 6 — Traffic Pattern Zone: Prohibited land uses within this zone are new schools (K- 12), hospitals and other uses with similar concentrations of persons. Replacement or expansion of existing schools is permitted. All new residential developments must include the disclosure statement in Chapter 25.8 1.110 on plats, short plats and binding site plans, 25.81.110 GENERAL REVIEW PROCEDURES. No use, building, structure, or development activity shall be permitted, established, altered or relocated by any person except as otherwise authorized by this chapter. All permit applications within the Airport Overlay District shall, in addition to being reviewed through the standard development review process, be subject to the following: Moi A. All developments, permits or plats with proposed buildings and /or structures found to be within twenty feet (20') of any of the height limitations described in 25.81.070 and/or all buildings and structures over two hundred feet (200') in height must submit a site plan, building elevations and an FAA Form 7460 -1 to the Port of Pasco Administrative Office for Port and FAA review and approval. Upon review, further documentation shall be required, if more accurate data is necessary for a determination of impact including detailed surveys by a licensed land surveyor. B. All developments, permits or plats falling within the ASCZs described in 25.81.090 associated with special use permits, variances or existing non - conforming uses must also submit a site plan to the Port of Pasco Administrative Office for Port review. 25.81.120 DISCLOSURE. To all extents possible, property owners and potential property buyers should be made aware of the following disclosure. The disclosure statement shall be listed on all approved subdivision plats, short plats, binding site plans and deeds within any of the identified zones in section 25.81.060 or 25.81.090. "Properties near the Tri- Cities Airport may be subject to varying noise levels and vibration. Properties near the airport may be located within height and use restriction zones as described and illustrated by Federal standards and regulations and the City of Pasco Zoning and Development Regulations. There is the potential that standard flight patterns will result in aircraft passing over the properties at low altitudes and during all hours of the day. Future airport expansion including a potential 1850' runway extension to the northwest may impact the size and number of aircraft that utilize the airport. Generally it is not practical to redirect or severely limit airport usage and/or planned airport expansion. Developments near the airport should assume that at any given time there will be some impact from air traffic." Section 3. This ordinance shall be in full force and effect five days after passage and publication'as required by law. PASSED by the City Council of the City of Pasco, Washington, at its regular meeting on the _ day of , 2013. Matt Watkins Mayor ATTEST: Debra L. Clark City Clerk Li APPROVED AS TO FORM: Leland B. Kerr City Attorney d g yd,0 wm O • VON f N � N N N II v � � Q O � - p i WU s - J N T n A, w 0 Q4 U) W �O ON w� U) Q wa �= w UW D �H H� LL s 0 m11 MEMORANDUM DATE: April 25, 2013 TO: Planning Commission FROM: Dave McDonald, City Planner SUBJECT: Airport Zoning Update (MF# CA2013 -001) Approximately every 10 years the Port of Pasco updates the Tri- Cities Airport Master Plan. The most recent update was completed in 2012. The new Plan calls for modifications to the air terminal building, taxi ways and also includes a 1,200 foot future expansion for runway 12. Runway 12 is the most frequently used runway and allows planes to take -off to the northwest. The proposed extension of runway 12 has land use implications for both the Port and the City. As a result early in the Master Planning process the Port, City and County staff began meeting to discuss the need for updating the airport zoning regulations to guide growth around the airport. The current airport zoning regulations were adopted in early 1972 and have remained virtually unchanged for 41 years. Through State planning and airport laws (RCW 36.70.547 & RCW 14.12.030) communities with airports are required to develop regulations that limit structure heights and control land uses adjacent to airports. To assist local governments with this responsibility WSDOT developed an "Airport and Compatible Land Use Guidebook ". Based on these laws and the WSDOT guidebook the Port, City and County staff completely redrafted the Airport Zoning overlay district contained in Chapter 25.82. The updated ordinance language provides protection of the airport airspace consistent with FAA regulations and maintains compatibility with surrounding land uses. Major changes in the code include the addition of a purpose statement, definitions specific to the airport including a diagram visually explaining airspace zones, airport safety compatibility zones, general review procedures and the requirement for a disclosure statement on residential properties within close proximity to the airport. The Planning Commission should pay close attention to Section 25.82.090 Airport Safety Compatibility Zones. This section establishes six zones tied to airport functions for the protection of the approach and departure zones for aircraft, turning movements areas near the ends of the runways and for general traffic patterns around the airport. The six zones contain a list of prohibited land uses. For example, Zone 3 prohibits the location of schools and hospitals as well as residential uses except infill development matching the established density of a given neighborhood. The current regulations do not contain specific airport safety zones as recommended in the WSDOT "Airport and Compatible Land Use Guidebook ". A public hearing has been schedule for the Planning Commission meeting of April 25, 2013 to consider the proposed code amendments. Findings of Fact 1) The Tri- Cities Airport is the 4th largest airport in the State of Washington based on passenger enplanements. 2) The Tri- Cities Airport is an important transportation facility serving southeastern Washington and Northeastern Oregon 3) The current airport zoning regulations were adopted in 1972. 4) Approximately every 10 years the Port of Pasco updates the Airport Master Plan. The most current Master Plan was completed in 2012. 5) Among other changes the 2012 Airport Master Plan calls for a 1,200 foot extension of Runway 12 to the northwest. 6) Residential development is already occurring to the northwest of the airport. 7) Through State planning and airport laws (RCW 36.70.547 &, RCW 14.12.030) communities with airports are required to develop regulations that limit structure heights and control land uses adjacent to airports. 8) The current airport zoning regulations lack airport safety compatibility zones as recommended in the WSDOT "Airport and Compatible Land Use Guidebook ". Recommendation MOTION: I move the Planning Commission adopt the Findings of Fact as contained in the April 25, 2013 staff memo on the Airport Zoning update. MOTION: I move the Planning Commission recommend the City Council adopt the proposed Code Amendment updating the Airport zoning regulations under PMC chapter 25.81. 2 Planning Commission Minutes 4/25/2013 D. Code Amendment Airport Zoning Update IMF# CA 2013 -0011 Chairwoman Kempf read the master file number and asked for comments from staff David McDonald, City Planner, explained the background of the proposed airport zoning code amendment. The current ordinance was developed in the early 1970's and hasn't been updated since its adoption. The proposed code will bring the airport zoning regulations up to modern day standards and meet requirements that are currently available through handbooks developed by the State of Washington Department of Transportation. Major changes in the code include the addition of a purpose statement, definitions specific to the airport including a diagram visually explaining airspace zones, airport safety compatibility zones, general review procedures and the requirement for a disclosure statement on residential properties within close proximity to the airport. Rick White, Community & Economic Development Director, stated that these code amendments are a result of work between City Staff, County Staff and Port of Pasco Staff and Consultants. During the process of working together, great care has gone into making sure the uses in the compatibility zones is not very much different than current zoning for permitted uses and densities. Randy Hayden, 1110 Osprey Pointe Blvd, spoke on behalf of the Port of Pasco. He stated that the Port of Pasco is fully supportive of the updates to the Airport Overlay District and he explained it will help the airport expand to meet the needs of the community well into the future. Chairwoman Kempf asked about expansion of the runways. Mr. Hayden stated the current runway can be expanded because the area it would need to extend into is an agricultural production area. Commissioner Hilliard asked about easements to gain more property and access. Mr. Hayden responded that they are in the process of acquiring more property around the airport. Commissioner Hoekstra asked if the growth of the airport would cause a need for expansion of the roadways. Mr. Hayden responded that the airport is a traffic generator in that area of town. City Staff has been active in improving access. The Port will be working jointly with the City and Columbia Basin College (CBC) to widening Argent Road in the near future. Carter Timmerman, 18204 59th Drive NE, Suite B, Arlington, WA 98223, spoke in support of the airport zoning updates on behalf of the Washington State Department of Transportation Aviation Division. His office recommendations approval of the proposed airport zoning updates and their office is available for support. With no further comments the public hearing was closed Commissioner Khan asked if McGee Elementary was in the vicinity of the airport and if it interfered with the safety compatibility zones. Mr. Hayden stated schools within many of the compatibility zones are prohibited, particularly K -12. As the ordinance was being written an exception was made for existing schools to be able to remain if they so choose. A new school in one of those zones would not be permitted because of the safety considerations. The Port of Pasco and the School District continue to have a good working relationship over the years and they are aware of the situation. Commissioner Hoekstra asked if the compatibility zones will need to expand if there is growth and expansion to the airport. Mr. Hayden answered that the compatibility zones presented to the Planning Commission are for the expected growth. Commissioner Hilliard asked for clarification that current homes, assembly buildings and other buildings will not be removed due to the compatibility zones. Mr. Hayden agreed and stated that there currently aren't any issues. The Port of Pasco just wants to ensure that there aren't issues in the future. Commissioner Hilliard moved, seconded by Commissioner Khan, to adopt the Findings of Fact as contained in the April 25, 2013 staff memo on the Airport Zoning Update. The motion passed unanimously. Commissioner Hilliard moved, seconded by Commissioner Khan, to recommend the City Council adopt the proposed Code Amendment updating the airport zoning regulations under PMC Chapter 25.81. The motion passed unanimously. AGENDA REPORT FOR: City Council May 6, 2013 TO: Gary Crutchfiel y Regular Mtg.: 5/20/ 13 anager Workshop Mtg.: 5/13/13 FROM: Rick White, Community & Economic Development Director��� SUBJECT: Pasco Municipal Code (PMC) Violations of Auto Repair Businesses I. REFERENCE(S): 1. Proposed Resolution II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATION: 5/13: DISCUSSION 5/20: MOTION: I move to approve Resolution No. accepting the Planning Commission Action Plan for resolving conflicts between violations of the Pasco Municipal Code and automobile repair businesses. III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: A. One of the issues of Council concern noted during the biennial retreat in 2012 was the outdoor occurrence of major auto repair and dismantling — particularly, but not always, in former service stations that have been converted to full time repair shops. B. Council Resolution 3441, approved in November of 2012, tasked the Planning Commission to develop an action plan for a solution. C. A study committee of Planning Commissioners, staff and two representatives of the automobile repair industry was formed and reviewed and prepared material relative to the issue. An inventory of automobile repair operations, including site - specific violations of existing codes, was conducted twice — once in June of 2012 and again specifically for the Committee in January of 2013. The Committee also conducted an inventory and review of existing codes in February and March of this year. D. Each Committee and Planning Commission meeting was advertised to owners and operators of automobile repair businesses included on the site inventory list. E. The outcome of the Committee's work on the inventories was an activity list for a series of code revisions to accommodate minor automobile repair in the C -1 Zoning District and an Action Plan recommended to the full Planning Commission. V. DISCUSSION: A. The Planning Commission considered the Committee's recommendation at their meeting on April 25, 2013 and has forwarded the Action Plan (Exhibit "A" attached to the proposed Resolution) for Council consideration. B. The Action Plan recommends that: • The C -1 Zoning District contain a provision for "minor" automobile repair as this zoning district currently prohibits all outdoor automobile repair work; • Definitions be added in the Zoning Code to include "Minor Automobile Repair" and "Automobile Repair Facilities" as these definitions are needed to implement any revision to the permitted uses within the C -1 Zoning District; • The C -1 Zoning District contain a maximum number of vehicles that can be on the site both under repair and awaiting owner pick -up and a prohibition of using C -1 sites for automobile storage; and • The C -3 and I -1 Zoning Districts be amended to include screening standards to regulate inoperative vehicle and vehicle parts storage. C. The Action Plan also recommends that the operators and land owners are kept apprised of the meeting dates and status of the above code revision process and that a grace period of 60 days be established once the formal code revisions are in effect. D. Enforcement action through the Code Enforcement Board is contained within the Action Plan as the last step in the process. 4(d) RESOLUTION NO. A RESOLUTION OF THE CITY OF PASCO ACCEPTING THE PLANNING COMMISSION ACTION PLAN FOR RESOLVING ISSUES INVOLVING AUTOMOBILE REPAIR OPERATIONS AND DIRECTING THE COMMISSION TO PREPARE THE NECESSARY CODE AMENDMENTS. WHEREAS, automobile repair operations are permitted in various degrees in the C -1 (Retail Business), C- 3 (General Business) and Industrial Zoning Districts; and WHEREAS, the Pasco Municipal Code contains both zone - specific and general regulations governing the conduct of automobile repair that have been inconsistently enforced over the course of time; and WHEREAS, automobile repair in many locations and sites has evolved to include operations that are in conflict with applicable regulations of the Pasco Municipal Code including the use of the public right of way for storage and parking repair business vehicles, outdoor repair operations, outdoor dismantling of vehicles, parts salvaging and automobile hulk storage in public view and depositing oil, grease and similar substances on City Streets; and WHEREAS, such operations occurring in violation of the Pasco Municipal Code have an adverse effect on the health and safety of nearby businesses and residents, discourage private investment in commercial and industrial areas and present a negative perception of the City as a whole to the general public; and WHEREAS, the Pasco City Council has directed the Planning Commission to develop an action plan for resolving code conflicts and preparing code revisions and options for enforcement regarding auto repair operations; and WHEREAS, the Planning Commission has created a committee of Planning Commissioners and business operators to prepare the proposed action plan; and WHEREAS, The Planning Commission has notified affected business operators and land owners involved in automobile repair operations of the task directed by the City Council and of the various meetings and preliminary strategies of the Commission on this matter; and WHEREAS, The Planning Commission has prepared and recommended that the Action Plan attached as Exhibit "A" be used to prepare code amendments to resolve issues related to automobile repair in commercial and industrial zoning districts; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON DOES RESOLVE AS FOLLOWS: Section 1. That the City Council accepts the Action Plan of the Planning Commission dated April 25, 2013 and attached as Exhibit "A" and directs the Planning Commission to prepare the necessary code amendments to implement the Action Plan for Council consideration. PASSED by the City Council of the City of Pasco, Washington at its regular meeting on the 20 "' day of May, 2013. Matt Watkins, Mayor Attest: Approved as to Form: Debra L. Clark, City Clerk Leland B. Kerr, Attorney EXHIBIT "A" RESOLUTION NO. ZO! '-O A RESOLUTION OF THE CITY OF PASCO PLANNING COMMISSION RECOMMENDING AN ACTION PLAN FOR RESOLVING ISSUES INVOLVING AUTOMOBILE REPAIR OPERATIONS AND VIOLATIONS OF THE PASCO MUNICIPAL CODE. WHEREAS, automobile repair operations are permitted in various degrees in the CA (Retail Business), C -3 (General Business) and Industrial Zoning Districts; and WHEREAS, the Pasco Municipal Code contains both zone - specific and general regulations governing the conduct of automobile repair that have been inconsistently enforced over the course of time; and WHEREAS, automobile repair in many locations and sites has evolved to include operations that are in conflict with applicable regulations of the Pasco Municipal Code including the use of the public right of way for storage and parking repair business vehicles, outdoor repair operations, outdoor dismantling of vehicles, parts salvaging and automobile hulk storage in public view and depositing oil, grease and similar substances on City Streets; and WHEREAS, such operations occurring in violation of the Pasco Municipal Code have an adverse effect on the health and safety of nearby businesses and residents, discourage private investment in commercial and industrial areas and present a negative perception of the City as a whole to the general public; and WHEREAS, the Pasco City Council has directed the Planning Commission to develop an action plan for resolving code conflicts and preparing code revisions and options for enforcement regarding auto repair operations; and WHEREAS, the Planning Commission has created a committee of Planning Commissioners and business operators to review the proposed action plan; and WHEREAS, The Planning Commission has notified affected business operators and land owners involved in automobile repair operations of the task directed by the City Council and of the various meetings and preliminary strategies of the Commission on this matter; NOW THEREFORE, THE PASCO PLANNING COMMISSION RECOMMENDS THAT CITY COUNCIL ACCEPT THE FOLLOWING ACTION PLAN: Section 1. Revise the uses permitted in the C -1 (Retail) Zoning District to include: • The provision for "minor automobile repair" to be allowed outdoors as this zoning district currently prohibits all outdoor automobile repair work; • A maximum number of vehicles that can be on the site both under repair and awaiting owner pick -up; and • A prohibition for using sites as automobile storage. Section 2. Revise the definitions contained in the Zoning Code to include "Minor Automobile Repair" and "Automobile Repair Facilities" as these definitions are needed to implement any revision to the permitted uses within the C -1 Zoning District. Section 3. Amend the screening standards in the C -3 (General) and I -1 (Light Industrial) Zoning Districts to regulate vehicle and vehicle part storage as these Districts currently exempt vehicle and part storage from such requirements. Section 4. Continue to keep operators and land owners apprised of the meeting dates and status of the above code revisions. Section 5. Notify affected businesses once the appropriate the code revisions have been adopted and provide a 60 day period to conform to the revised standards. Section 6. Complete a site inventory to determine those the code enforcement process as applicable. The code of Civil Violation, a re- inspection after 10 days and Code Enforcement Board as applicable. This process period of the completion of the site inventory. businesses out of compliance and initiate enforcement process is to include a Notice scheduling of a hearing before the Pasco is estimated to occur within a 30 day time 2013. ADOPTED by the Planning Commission of the City of Pasco this 25`x' day of April, a,taA- -K['H,t,Pj= �*E Joe Cruz, Chairman Auto Repair Resolution - 2 AGENDA REPORT FOR: City Council I May 9, 2013 TO: Gary Crutchfty Manager Workshop Mtg.: 5/13/13 FROM: Rick White Regular Mtg.: 5/20/13 , Community & Economic Development Director F' SUBJECT: Franklin County Affordable Housing Interlocal Agreement (MF# AGRMT2013 -003 I. REFERENCE(S): 1. May 1,2013 letter from Benton Franklin Counties Department of Human Services 2. Draft First Amendment to the Interlocal Cooperation Agreement 3. Underline and strikeout summary of the proposed revisions 4. Proposed Resolution II. ACTION REQUESTED OF COUNCIL /STAFF RECOMMENDATIONS: 5/13/13: DISCUSSION: 5/20/13: MOTION: I move to approve the First Amendment to the Interlocal Cooperation Agreement and Bylaws with Franklin County, Connell, Mesa and Kahlotus for the purpose of administering HB 2060 generated surcharge funds for housing programs and further, authorize the Mayor to sign the Amendment. III. FISCAL IMPACT NIS" IV. HISTORY AND FACTS BRIEF: A. In April 2002, the State Legislature approved Substitute House Bill (HB) 2060 which authorized a $10.00 surcharge for certain recorded documents. The "Affordable Housing for All Surcharge" is to be used for eligible housing activities that serve extremely low and very low income households. B. The existing Interlocal Agreement with Benton Franklin Counties Department of Human Services (DHS) was approved by Council in September of 2011 and signed by the Franklin County Commissioners in October of 2011. Under the terms of the Interlocal Agreement, DHS administers and monitors the Agreement and the dispersal of housing funds on behalf of the County. C. A Surcharge Oversight Committee composed of nine (9) representatives, appointed by the member Cities and Franklin County, provides recommendations on the use of the collected funds. D. Recommendations of the Committee are presented to the Franklin County Board of Commissioners to make final funding decisions. If the Commissioners vote contrary to the recommendation of the Committee they must support that decision with findings. V. DISCUSSION: A. The Amendment to the Interlocal Agreement corrects a typographic error in "Section 4. Administration" by replacing `DSHS" with "DHS." B. The Amendment also revises the Bylaws "Section B. Fund Availability" to establish a process for publication of an additional Request for Proposals under certain circumstances, such as rejection of all applications, failure to award all funds or failure to meet identified needs in the community. C. Staff has reviewed the proposed Amendments and recommends Council approval. 4(e) BENTON AND FRANKLIN COUNTIES DEPARTMENT OF HUMAN S Pasco 0 al" RECE:vED Matt Watkins, Mayor City of Pasco MAY 0 3 2013 525 N. 3rd Ave. Pasco, WA 99301 , City Manzi, s r.,; ce Re: First Amendment to Franklin County Affordable Housing Interlocal Agreement .� � """°"`®' Dear Mayor Watkins, The Franklin County Affordable Housing (2060) Interlocal Agreement was originally signed on October 12, 2011 for a term of five (5) years. As you may be aware, funds for the 2060 Affordable Housing Agreement are from certain documents recorded with County Auditors office for the purpose of providing funds for affordable low- income housing. Recently, there was a request made by Franklin County Commissioner Peck to amend the 2060 Affordable Housing Interlocal Agreement. A First Amendment to the current hnterlocal Agreement was approved to from by Franklin County Deputy Prosecuting Attorney, Ryan Verhulp. The changes that were made are as follows: 1. Section 4. Administration, (a), 4. was replaced in its entirety to read: 4. The Administrator of DHS or designee, as a non - voting member ex- officio. 2. Section B. Fund Availability, first bullet point of the First Amended EXHIBIT A to SHB 2060 - Interlocal Agreement was replaced in its entirety to read: •S On an annual basis, the Benton and Franklin Counties Department of Human Services shall on behalf of the Oversight Committee (hereinafter Committee), publish a Request for Proposals (RFP) through its established methods. Should the RFP process result in a rejection of all applications, fail to award all available funds, or fail to meet identified needs in the community, the Benton and Franklin Counties Department of Human Services may publish additional Request for Proposals within that year which must be reviewed by the Committee. Please review the enclosed final and approved drafts of the First Amendment to the Franklin County Affordable Housing (2060) Interlocal Agreement, and First Amended EXHIBIT A to SHB 2060. Interlocal Agreement documents, sign and return all three of the original signature. pages to the Benton and Franklin Counties Department of Human Services, so that we may proceed with the execution of the First Amended Franklin County Affordable Housing (2060) Interlocal Agreement. Please do not hesitate to contact me of you have any further questions on this process. Sincerely, r 6't.C4.0 y.. Tracy Diaz U Deputy Administrator ED THORNBRUGH, ADMINISTRATOR 7102 WEST OKANOGAN PLACE, SUITE 201 + KENNEWICK, WA 99336 PHONE (509) 783 -5284 + FAX (509) 783 -59R1 FIRST AMENDMENT TO INTERLOCAL AGREEMENT BETWEEN THE COUNTY OF FRANKLIN AND: THE CITY OF CONNELL, THE CITY OF KAHLOTUS, THE CITY OF MESA, AND THE CITY OF PASCO ADMINISTERING FUNDS GENERATED THROUGH THE AFFORDABLE HOUSING FOR ALL SURCHARGE RCW 36.22.178 This First Amendment is made and entered into by and between Franklin County, a political subdivision of the State of Washington, hereinafter referred to as "COUNTY ", with its principal offices at 1016 North Fourth Avenue, Pasco, Washington 99301; the City of Connell, a municipal corporation with its principal offices located at 104 E. Adams Street, Connell, Washington 99326; the City of Kahlotus, a municipal corporation with its principal offices located at E. 130 Weston, Kahlotus, Washington 99335; the City of Mesa, a municipal corporation with its principal offices located at 103 Franklin Street, Mesa, Washington 99343; and the City of Pasco, a municipal corporation with its principal offices located at 525 North Third, Pasco, Washington 99301, hereinafter collectively referred to as "CITIES ". In consideration of the mutual benefits and covenants contained herein, the parties agree that their Interlocal Agreement, numbered as Franklin County Resolution No. 2011 346 and executed on October 12, 2011, Sec. 4., Administration, shall be amended and replaced in its entirety with the following Sec. 4, Administration; and the attached hereto and incorporated herein by reference First Amended EXHIBIT A to SHB — Interlocal Agreement shall replace in its entirety EXHIBIT A to SHB 2060 — Interlocal Agreement: Sec 4. Administration: Recommendations for the allocation of COUNTY retained portions of the Surcharge shall be made by the Surcharge Oversight Committee (hereinafter "Committee "). All Committee members shall be elected or appointed officials, directors or employees of the respective government entity which they represent. Each member shall serve at the pleasure of the legislative body appointing them to the position, and their terms shall not be limited or restricted in any other fashion. The Committee shall discharge its duties pursuant to the terms of the Operating Bylaws attached as First Amended Exhibit A and hereby adopted by reference. The members of the Committee may change provisions of the Operating Bylaws by majority vote so long as such changes are not contrary to law or to this Interlocal Agreement. All recommendations of the Committee shall be presented by the Administrator of the Benton and Franklin Counties Department of Human Services (hereinafter "DHS ") to the Franklin County Board of Commissioners, who shall, by majority vote, make final funding decisions. If the Franklin County Board of Commissioners votes in a manner contrary to the recommendations by the Committee, then findings, on the record, shall be made to support such a contrary vote. Page 1 of 7 (a) The Committee shall be composed of the nine (9) representatives appointed by the Cities and Franklin County. More specifically: 1. The County Administrator for Franklin County or designee. 2. The City of Pasco shall appoint a minimum of one (1) up to a maximum of four (4) representatives, 3. The Cities of Connell, Kahlotus, and Mesa shall each appoint one (1) representative each to the Committee for a total of three (3). 4. The Administrator of DHS or designee, as a non - voting member ex- officio. The DHS shall be responsible for the administrative aspects of managing the COUNTY retained portions of the Surcharge. These responsibilities shall include any and all tasks associated with the funding source up to and including but not limited to: managing the Interlocal Agreement, application, and Request for Proposals (RFP) processes, providing technical assistance to interested applicants, administrative support to the Oversight Committee during the process of applicant screening and selection, administration of contracts necessary for selected projects. The initial 5% of the surcharge permitted to be retained by COUNTY for administrative purposes shall be allocated to DHS to help defray its expenses, including salaries of employees, necessary in carrying out its responsibilities under this paragraph. All awarded funds shall be disbursed pursuant to an appropriate contract between the award recipient and COUNTY. Such a contract shall ensure that the awarded funds are used solely for purposes permitted by RCW 36.22.178 and shall provide mechanisms for COUNTY to recover the awarded funds if they are misused. Except as expressly provided in this First Amendment, all other terms and conditions of the original Interlocal Agreement, and subsequent amendments, addenda or modifications thereto, remain in full force and effect. The parties have caused this First Amendment to be signed as follows: BOARD OF COUNTY COMMISSIONERS FRANKLIN COUNTY, WASHINGTON Rick Miller. Chair Robert E. Koch, Chair Pro -Tem Brad Peck, Member Page 2 of 7 ATTEST Clerk of the Board APPROVED AS TO FORM: Shawn P. Sant Franklin County Prosecuting Attorney Ryan E. Verhulp Civil Deputy Prosecuting Attorney Page 3 of 7 First Amended EXHIBIT A to SHB 2060 - Interlocal Agreement Operating Bylaws for Interlocal Agreement Franklin County Oversight Committee AFFORDABLE HOUSING FOR ALL FUND Introduction The provisions of Substitute House Bill 2060 became law in Washington State on June 13, 2002 and was amended in 2007 by House Bill 1359. This law, codified as RCW 36.22.178, created a document recording surcharge (hereinafter "Surcharge ") on certain documents to be utilized for low- income housing for those individuals with incomes at or below fifty percent (50 %) of the average area median income. E2SHB 1359 added language to the legislation that a priority for these funds be given to eligible housing activities that serve extremely low- income households with income at or below thirty percent (30 %) of the area median income. The SHB 2060 fund enables housing to be affordable to a broader range of very low- income households than would be possible without such subsidies. Administration of the fund is shared between local governments and the State. The local portion of 2060 funds is to be administered pursuant to an Interlocal Agreement between the County and the Cities within the County and is entitled the "Affordable Housing for All Fund" (hereinafter the "Housing Fund "). A. Statutory Guidelines for Fund Dispersal RCW 36.22.178, as amended by House Bill 1359 (2007), provides the following parameters on the allocation of that portion of the Surcharge which is retained by the County: "(2) The funds generated by this surcharge will be retained by the county and be deposited into a fund that must be used by the county and its cities and towns for eligible housing activities as described in this subsection that serve very low- income households with incomes at or below fifty percent of the area median income. The portion of the surcharge retained by a county shall be allocated to eligible housing activities that serve extremely low and very low- income households in the county and the cities within the county according to an interlocal agreement between the county and the cities within the county consistent with countywide and local housing needs and policies. A priority must be given to eligible housing activities that serve extremely low- income households with incomes at or below thirty percent of the area median income. Eligible housing activities to be funded by these county funds are limited to: (a) Acquisition, construction, or rehabilitation of housing projects or units within housing projects that are affordable to very low- income households with incomes at or below fifty percent of the area median income, including units for homeownership, rental units, seasonal and permanent farm worker housing units, and single room occupancy units; (b) Supporting building operation and maintenance costs of housing projects or units within housing projects eligible to receive housing trust funds, that are affordable to very low- income households with incomes at or below fifty percent of the area median .Amended Exhibit A Attachment to SHB 2060 Interlocal Agreement Franklin County income, and that require a supplement to rent income to cover ongoing operating expenses; (c) Rental assistance vouchers for housing units that are affordable to very low- income households with incomes at or below fifty percent of the area median income, to be administered by a local public housing authority or other local organization that has an existing rental assistance voucher program, consistent with or similar to the United States department of housing and urban development's section 8 rental assistance voucher program standards; and (d) Operating costs for emergency shelters and licensed overnight youth shelters." B. Fund Availability ❖ On an annual basis, the Benton and Franklin Counties Department of Human Services shall on behalf of the Oversight Committee (hereinafter Committee), publish a Request for Proposals (RFP) through its established methods. Should the RFP process result in a rejection of all applications, fail to award all available funds, or fail to meet identified needs in the community, the Benton and Franklin Counties Department of Human Services may publish additional Request for Proposals within that year which must be reviewed by the Committee. •3 Applications will be distributed to all parties requesting them and be collected for consideration of funding awards. S• The application format for funding from the Housing Fund shall be the same as is used by the State of Washington, Housing Trust Fund or subsequently modified version(s) containing the same detailed information. C. Eligible Recipients Eligible recipients of the funding from the Housing Fund shall be certified non - profit agencies or providers of affordable housing, Cities, Towns, the County, and for - profit developers. D. Housing Fund Distribution ❖ The funds shall be included in the annual NOFA process addressing the categories of need enumerated herein: The acquisition, rehabilitation and /or new construction of housing projects or units within housing projects that serve clients who have incomes at or below 50% of the Median income, based on current HUD income guidelines for the Benton and Franklin Counties - Metropolitan Statistical Area (MSA). 2. Operating and maintenance costs for housing that is in compliance with RCW 36.22.178. [Applicants shall be strongly encouraged to apply to the Washington State Department of Commerce for these dedicated funds if the project is submitting an application to the Housing Trust Fund as well as for local funds.] Amended Exhibit A Attachment to SHB 2060 Interlocal Agreement Franklin County 3. Rental Assistance vouchers for housing projects or units within housing projects that are at or below 50% of median based on the current HUD income guidelines for the Benton and Franklin Counties MSA and administered by a local housing authority or other local organization that has an existing or newly created HUD recognized rental assistance voucher program consistent with HUD Section 8 unless the project is serving home less persons, or persons at risk for homelessness, or households below thirty percent (30916) of the area median income; and 4. Operating costs for emergency shelters and licensed overnight youth shelters that are in compliance with RCW 36.22.178 and WAC 388 -160. E. Availability of Applications: (Tentative Program Dates) Applications Available: August Applications Due: October Application Review October Committee Review of Successful Applicants November Decisions announced by: December Funds Available * *: Janua ** ** After Contracts/Agreements have been approved and signed). F. Reporting Requirements: Recipients of the funding from the Surcharge shall provide quarterly updates and annual reports detailing their use of funds on a format acceptable to the Benton and Franklin Counties Department of Human Services. The Department shall in turn provide a written report detailing the uses to which the funds were put and disseminate the same to members of the Committee on an annual basis, or as requested by Committee members. G. Terms and Conditions of Funding: Funding generally should not be awarded for predevelopment funding purposes except where a majority of the committee finds special and compelling reasons why predevelopment funding is of particular benefit in a particular case. In such cases, funding shall not be made unless a majority of the committee enters or adopts specific factual findings that demonstrate the benefits presented by the predevelopment funding. Such factual findings shall be retained in the official records of Committee proceedings kept on behalf of the Committee by DHS, and shall be available for public inspection or copying pursuant to the Public Records Act, RCW 42.56 et seq, as then existing. Funding commitments from the Housing Fund can be made but commitments from other sources shall be obtained prior to disbursement of funds from the Housing Fund. Applicants must obtain funding commitments within 2 years, unless the Steering Committee elects to waive this requirement having been petitioned by the applicant due to a financially minor project proposal. Amended Exhibit A Attachment to SHB 2060 Interlocal Agreement Franklin County f• Terms and conditions of funding, consistent with state and federal laws shall be implemented into funding contracts which shall, at a minimum, state the allowable purposes for the funding, provide for complete cooperation by the recipient with oversight and audits by the Benton and Franklin Counties DHS, repayment terms, if any, and applicable time lines and time frames for use of funds. Such contracts shall be by and between Franklin County and the recipient and no funds may be disbursed prior to the execution of such contracts. For purposes of this provision, the incurring of costs by a potential recipient, with the expectation that such costs will be defrayed by funding, constitutes disbursement of funds. All projects shall be evaluated for the ability to repay the investment of the Affordable Housing funding. The evaluation shall be based on the information provided in the application such as overall agency budget, amount of matching or leveraged funds, and amount of funding requested versus total project development costs. Projects shall not rely solely upon Affordable Housing funds for completion. ❖ Funding applicants shall be thoroughly reviewed and screened by the Committee with the assistance of DHS, and factors, bearing on the applicant's suitability for funding of this nature, shall be considered in addition to the amount of funding and the nature of the project. Information necessary to consider such factors maybe obtained directly from funding applicants by way of application forms or similar documents, or by other such background investigation as Committee members see fit. Such factors shall include, but need not be limited to: Experience and capacity of applicant for affordable housing projects; ❖ Whether or not applicant has defaulted on any provision of affordable housing related loans or grants in the past, including paying "opt out" or "buy out" penalties to avoid a default in any project in order to avoid keeping such project "affordable' for a given period of time. Such applicants generally should be disqualified, absent compelling reasons why they are the only appropriate funding recipient for a necessary project. The fiscal strength of the applicant to include a review of recent fiscal audits, ability of the agency to leverage additional funds, and creditworthiness; ❖ Reputation, experience and fiscal strength of any major partners; ❖ Terms and conditions of funding shall be reduced to a written contract, to be executed between Benton and Franklin DHS on behalf of Franklin County and the funding recipient. Such written contract shall, at a minimum, address the following: Minimum period of time which the funding recipient must maintain the anticipated project in "affordable" status. This period of time shall be determined by the Committee on a project by project basis with guidance and recommendations provided by the Administrator of Benton and Franklin DHS or designee; ❖ Time frame for constructionlrehabilitation and subsequent occupancy; Amended Exhibit A Attachment to SHB 2060 Werlocal Agreement Franklin County Number and type of units to be made available as "affordable" units; On a project -by- project basis, the Committee shall determine the best funding vehicle to utilize so as to conserve the renewability of the funding, discourage misuse of funds, encourage geographic and jurisdictional equity, and abide by the intent of the authorizing statute. These vehicles include, but are not limited to: 0% interest loans, grants, and providing matching funds to qualify an applicant for funding from another government or private source; H. Measurement System for Allocating Revenue: The funding available in each round shall be determined by the amount collected in the fund on the month ending prior to application availability less any prior funding commitments. Default by Housing Fund Recipient: All funding contracts shall have a mechanism by which Franklin County may recover any misappropriated or misused funds, along with an agreed upon amount of liquidated damages to compensate for consequential damages which may include the opportunity cost and time value of the money misappropriated or misused. K. Geographic Equity: The Committee shall be responsible for making certain that funds are distributed in a manner that provides long -term geographic equity. The overall intent is to insure over time that all areas of Franklin County receive appropriate levels of funding through this initiative where possible. L. Subsidy Per Unit: The amount of funding per housing unit shall be set by the Benton and Franklin County Department of Human Services at a rate consistent with rates employed by other similar fund sources within the surrounding geographic area and best available information from local and federal resources. A unit shall be defined as a single - family home or a single apartment of any size in a multi - family complex. For example, a single - family duplex would be considered two (2) units. M. Project Monitoring: The Benton and Franklin Counties Department of Human Services shall monitor all projects and associated funding contracts for compliance with the funding terms and conditions. Amended Exhibit A Attachment to SHB 2060 Interlocal Agreement Franklin County Summary of Proposed Revisions Interlocal Agreement Sec 4. Administration: Recommendations for the allocation of COUNTY retained portions of the Surcharge shall be made by the Surcharge Oversight Committee (hereinafter "Committee "). All Committee members shall be elected or appointed officials, directors or employees of the respective government entity which they represent. Each member shall serve at the pleasure of the legislative body appointing them to the position, and their terms shall not be limited or restricted in any other fashion. The Committee shall discharge its duties pursuant to the terms of the Operating Bylaws attached as Exhibit A and hereby adopted by reference. The members of the Committee may change provisions of the Operating Bylaws by majority vote so long as such changes are not contrary to law or to this lnterlocal Agreement. All recommendations of the Committee shall be presented by the Administrator of the Benton and Franklin Counties Department of Human Services (hereinafter "DHS ") to the Franklin County Board of Commissioners, who shall, by majority vote, make final funding decisions. If the Franklin County Board of Commissioners votes in a manner contrary to recommendations by the Committee, then findings, on the record, shall be made to support such a contrary vote. (a) The Committee shall be composed of the nine (9) representatives to be appointed by the Cities and Franklin County. More specifically: 1. The County Administrator for Franklin County or designee, 2. The City of Pasco shall appoint a minimum of one (1) up to a maximum of four (4) representatives, 3. The Cities of Connell, Kahlotus, and Mesa shall each appoint one (1) representative each to the Committee for a total of three (3), 4. The Administrator of DSHS or designee, as a non - voting member ex officio. Bylaws B. Fund Availability d• On an annual basis, the Benton and Franklin Counties Department of Human Services shall on behalf of the Oversight Committee (hereinafter Committee), publish a Request for Proposals (REP) through its established methods. Aifiding appl4eatieas; end "' other P@Aillant ir&miatiefi related to the 1^'aki°°Pr°vcs' -'ma erdeeisiens. Should the REP process result in a rejection of all applications fail to award all available funds, or fail to meet identified needs in the community, the Benton Franklin Department of Human Services may publish additional Request for Proposals within that vear which must be reviewed by the Committee RESOLUTION NO. A RESOLUTION APPROVING AN AMENDMENT TO THE INTERLOCAL AGREEMENT BETWEEN THE CITIES AND FRANKLIN COUNTY FOR ADMINISTRATION OF THE HB2060 AFFORDABLE HOUSING FOR ALL FUND WHEREAS, the Substitute House Bill 2060 authorizes a document surcharge which is used to address housing issues for low and extremely low income households; and WHEREAS, the Benton Franklin Counties Department of Human Services administers the Interlocal Agreement and funding process for equitable distribution of the local portion of the surcharge funds; and WHEREAS, the First Amendment to the Interlocal Agreement provides an option for better meeting local housing needs within the community; and WHEREAS, the City supports County efforts to improve housing availability in Franklin County, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO: Section 1. That the City Council approves the First Amendment to the Interlocal Agreement with Franklin County for administering Affordable Housing for All Funds, and authorizes the Mayor to sign the Agreement. PASSED by the City Council of the City of Pasco this day of 2013. Matt Watkins Mayor ATTEST: Debra L. Clark CMC City Clerk APPROVED AS TO FORM: Leland B. Kerr City Attorney AGENDA REPORT NO. 15 FOR: City Council May 7, 2013 TO: Gary Crutchfie i Manager FROM: Ahmad Qayou Public Works Director Workshop Mtg.: 5/13/13 Regular Mtg.: 5/20/13 SUBJECT: Professional Services Agreement for Water Resources Plan I. REFERENCE(S): Professional Services Agreement Summary II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 5/13: Discussion 5/20: MOTION: I move to approve the Professional Services Agreement with Murray Smith and Associates for Water Resources Plan in the amount of $81,465 and further, authorize the City Manager to sign the agreement. III. FISCAL IMPACT: Water Fund $31,465 Irrigation Fund $50,000 IV. HISTORY AND FACTS BRIEF: A) The City owns and operates two water systems; one for domestic use and one for irrigation use. These systems are supplied by surface and ground water and include a surface water intake from the Columbia River, a system of 10 wells, with associated pumping and treatment equipment. B) The irrigation system has grown to include ten well sites, one river pump station, and a three million gallon standpipe, and now serves over 6,000 residential customers. In addition to the residential water users, the system also supplies irrigation for a soccer complex, five residential parks, two schools, and numerous landscaping areas maintained by the City. Service is provided from April through October. C) For the domestic system, the City owns 7,849 acre feet of water rights and another 1,810 under the Quad Cities Water Rights Permit. The City typically utilizes 13,400 acre feet of water annually. Ecology has committed to provide an additional 4,500 acre feet of water right through the Quad Cities Water Rights Permit, but that amount provides limited growth potential. The goal of the study is to determine how to best utilize limited water rights to meet future needs. D) Staff requested proposals from qualified consultants to prepare a Water Resources Plan to provide guidance towards achieving optimized utilization of limited water Resources in support of the City's growth and development objectives (Council goals for 2012 -2014) V. DISCUSSION: A) The Water Resources Plan will consider both the domestic and irrigation systems in their current and future cases. This plan will be based upon a relevant and appropriate planning horizon as developed by the consultant and the City including the following elements: System Capacity — for both the domestic and irrigation systems. The sources and uses of water will be enumerated and discussed for the current and future cases. Uses 4(f) of water will be described and quantified in terms of user classification consistent with City planning and development objectives showing the best utilization of the current drinking and irrigation water rights. The City has completed a Water Master Plan that was adopted by the City Council in 2011 that has a projection of the future needs and an outlined Capital Improvements list for water needs of future and current growth. • Water Conservation — the project will provide a review of water conservation practices, which may include conservation rate structures, implementation of landscaping codes, programmatic citizen conservation programs, etc. while focusing on the items discussed in the Water Master Plan adopted in 2011. • Provision of Service — the City currently provides water to a wide variety of users subject to various agreements regarding transfers and assumptions of water rights. The plan will evaluate and develop a Best Practices recommendation for the ongoing provision of water to specific user classes as determined during the project. This may include strategies for ongoing provisions of water outside City limits, water provision strategies that reinforce development objectives, and the like. • Capital Growth — the plan will provide a generalized approach for the systematic growth of the irrigation system consistent with the needs of the future case as described above. A preliminary program timeline and costs will be prepared using economic assumptions developed with the City. • Well Assessment and Rehabilitation — the plan will also include the development of a methodology for assessing the City's existing irrigation wells, as well as a replacement and rehabilitation strategy. • Hydraulic System Modeling — In order to properly plan for the growth of the irrigation system, the plan will include the development and calibration of appropriate hydraulic system models for any distinct irrigation water distribution system. The model will meet the following objectives: identification of system deficiencies; determination of the adequacy of the system's storage capacity; analysis of corrective improvements; and identifying potential for future system expansion. B) In February of 2013, Staff issued a Request for Proposal for the Water Resources Plan. On March 11, 2013, City received proposals from three consultants. After conducting interviews, the interview panel chose Murray Smith and Associates to be the most qualified. Staff recommends approval of the professional services agreement with Murray Smith and Associates in the amount of $81,465. The plan is expected to be complete by year end. Professional Services Agreement (Summary Sheet) Project: Water Resources Plan Consultant: Murray Smith and Associates Address: 1145 Broadway Plaza, Suitt 1010, Tacoma WA 98402 Scope of Services: Evaluate current water rights, system demands, and system capacity. 0 Develop an irrigation system hydraulic model. El Identify water system deficiencies and opportunities for expansion. ❑ Identify potential conservation measures. ❑ Summarize water system policies and identify areas of improvement. © Complete a desktop groundwater well condition and planning assessment. ❑ Develop and document a complete water resources plan. ❑ Present completed work in the form of the following final documents: • Irrigation system master plan • Water resources management plan with executive summary Term: May 20.2013 Completion Date: December 31, 2013 Payments to Consultant: Cl Hourly Rate: $ 9 Fixed Sum of. $81,465 ❑ Other: Insurance to be Provided: 1, Commercial General Liability: ❑ $1,000,000 each occurrence; ❑ $2,000,000 general aggregate; or ® $ 1 Mil each occurrence; and $ 2 Mil general aggregate 2. Professional Liability: rl $1,000,000 per claim; $1,000,000 policy aggregate limit; or $ per claim; and $ per policy aggregate limit Other Information: AGENDA REPORT NO, 24 FOR: City Council TO: Gary Crutchfield Manager FROM: Ahmad Qayoum Public Works Director SUBJECT: Industrial Pre - Treatment Program I. REFERENCE(S): May 7, 2013 Workshop Mtg.: May 13, 2013 1. Administrative Order from Washington State Department of Ecology II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 5/13: Discussion III. FISCAL IMPACT: Sewer Funds Industrial Reuse Funds IV. HISTORY AND FACTS BRIEF: A) The City has been going through rapid growth in the past 15 years in both residential and commercial development. The growth has increased sewer flows to the Waste Water Treatment Plant (WWTP). Currently flows to the WWTP are over 5 MGD during peak hours. B) The Washington State Department of Ecology ( WSDOE) issues the National Pollutant Discharge Elimination System (NPDES) and the City operates under the guidelines and conditions of the permit. WSDOE oversees the City's compliance. City provides data to WSDOE on flows and other regulatory requirements. One of the regulatory requirements is management of pre - treatment when a jurisdiction exceeds 5 MGD. C) Before reaching the threshold WSDOE was managing the pre - treatment permits, municipal requirements and compliance for the Food Processors. D) WSDOE issued Administrative Order (AO) Docket No. 9737, dated February 1, 2013 stating that the City must comply with Title 40 — Protection of Environment, Code of Federal Regulations (40 CFR). The AO requires the City of Pasco to begin IMMEDIATE implementation of an "Industrial Pretreatment Program" and comply with the regulations "promulgated in 40 CFR Part 403 " (General Pretreatment Regulations for Existing and New Sources of Pollution) "and any additional regulations that may be promulgated under Section 307(b) (pretreatment) and 308 (reporting) of the Federal Clean Water Act" in order to protect the City's Publicly Owned Treatment Works (POTWs). Failure to comply with the AO "may result in the issuance ofcivil penalties or other actions" to enforce the terms of the AO. E) The WSDOE Administrative Order requires the City to manage the pre - treatment for both Industrial and Municipal facilities by April 1, 2014. The Order outlined a number of items that need to be in place such as staffing. Staff has been meeting with WSDOE to go over the requirements and will continue to work with WSDOE during the transition. F) The City is required to comply with orders and failure to comply will result in penalties from Ecology against the City. 4(9) G) The Order includes: 1. General Requirements 2. Wastewater Discharge Permit Required 3. Identification and Reporting of Existing, New, and Proposed Industrial Users 4. Duty to Enforce Discharge Prohibitions 5. Industrial User Survey 6. Local Limits Evaluation 7. Sewer Use Ordinance 8. Program Procedures Manual 9. Omitted 10. Schedule for Pretreatment Program Development 11. Continuing Monitoring for Pollutants of Concern 12. Reports and Information v. DISCUSSION: A) Staff has started the process needed to make the transitions. We have contacted other jurisdictions that have gone through the same process and will use their information as a guide to implement the pre- treatment. B) Based on discussions with Ecology and other jurisdictions such as the Cities of Walla Walla, Quincy and Spokane, in order to implement the program, a minimum of two additional full time employees WIF) will need to be hired to adequately staff the Industrial Pretreatment Program. One FTE will be located in the Engineering Department and will be responsible for the planning, implementation, and management of the Program. One FTE will be located in the W WTP and will be responsible for the sampling and monitoring of the priority pollutants for the City's POTWs and for all the Industrial users. C) This would require hiring a FTE no later than September 2013 to prepare and coordinate the program implementation. This would provide the minimum amount of time needed to coordinate the transition with the WSDOE. D) With general concurrence of Council, staff intends to recruit for an Engineering FTE this summer (for hire by September) and include the additional FTE (Sampling/Operator) in the 2014 budget. RECEIVED STATE OF WASHINGTON FEB 0 5 2013 DEPARTMENT OF ECOLOGY PUBLIC WORKS ADWN. 4601 N Monroe Street • Spokane, Washington 99205.1295 • (509)329.3400 February 1, 2013 Mr. Ahmad Qayoumi, P.E. City of Pasco Public Works Director PO Box 293 Pasco, WA 99301 Order: Docket No, 9737 Site Location: City of Pasco Public Works Department 525 North 3rtl Avenue, Pasco, WA Re: Administrative Order Dear Mr. Qayoumi: The Department of Ecology (Ecology) issues the enclosed Administrative Order (Order) requiring the City of Pasco (City) to comply with: • Chapter 90.48 Revised Code of Washington (RCW) — Water Pollution Control. • Chapter 173 -208 Washington Administrative Code (WAC) — Grant of Authority Sewerage Systems. • Chapter 173 -240 Washington Administrative Code (WAC) -- Submission of plans and reports for construction of wastewater facilities. • Chapter 40 CFR Part 403 General Pretreatment Standards and New Sources of Pollution. • City of Pasco National Pollutant Discharge Elimination System Waste Discharge Permit No. WA- 004496 -2. • City of Pasco State Waste Discharge Permit No. ST005369. Chapter 90.48.120 (2) RCW gives Ecology the authority to issue Administrative Orders requiring compliance whenever it determines a person has violated or has potential to violate Chapter 90.48 RCW. This order starts the process of formally delegating pretreatment permitting and engineering review to the City of Pasco. If you have any questions, please contact Scott Mallery at (509) 329 -3473 or sma1461(aecv wa cov . Sincerely, ri PA. James M. Bellatty Section Manager Water Quality Program JMB: SM:dw Enclosures: Administrative Order Docket No. 9737 CERTIFIED MIAL: 7010 0290 0003 5679 2373 cc: Scott Mallery Michael Hepp Ln STATE OF WASHINGTON DEPARTMENT OF ECOLOGY IN THE MATTER OF AN ADMINISTRATIVE ORDER AGAINST: City of Pasco Ahmad Qayoumi To: Ahmad Qayoumi, P.E. City of Pasco Public Works Director PO Box 293 Pasco, WA 99301 ADMINISTRATIVE ORDER DOCKET No. 9737 Order: Docket No. 9737 Site Location City of Pasco Public Works Department, Second Floor, 525 N. Third Ave., Pasco, WA 99301 The Department of Ecology (Ecology) issues this Administrative Order (Order) requiring City of Pasco to comply with: • Chapter 90.48 Revised Code of Washington (RCW) — Water Pollution Control. • Chapter 173 -208 Washington Administrative Code (WAC) —Grant of Authority Sewerage Systems. • Chapter 173 -240 Washington Administrative Code (WAC) - Submission of plans and reports for construction of wastewater facilities. • Chapter 40 CFR Part 403 General Pretreatment Standards and New Sources of Pollution. • City of Pasco National Pollutant Discharge Elimination System Waste Discharge Permit No. WA- 004496 -2. • City of Pasco State Waste Discharge Permit No. ST005369. Chapter 90.48 120 92 RCW gives Ecology the authority to issue Administrative Orders requiring compliance whenever it determines that a person has violated Chapter 90.48 RCW. Administrative Order Docket No. 9737 Page 2 February 1, 2013 DETERMINATION OF VIOLATION(s) AND ORDER TO COMPLY Ecology's determination that a violation /violations has/have occurred is based on the violations listed below. Violation(s) and associated corrective action(s): Violation(s) description: Chapter 40 C.F.R. Part 403.8 requires a Publicly Owned Treatment Works (POTWs) (or combination of POTWs operated by the same entity) with a total design flow of greater than 5 MGD and receiving wastewater from industrial users subject to pretreatment standards to establish a pretreatment program unless the state exercises its option to assume authority for pretreatment. Effective April 1, 2014, Ecology will no longer assume .authority for pretreatment for the City of Pasco. Corrective actions required: For these reasons and in accordance with RCW 90.48.120(2) Ecology orders that the City of Pasco take the following actions. These actions are required at the location known as City of Pasco Public Works Department located at City of Pasco Public Works Department, 525 N. Third Ave., Pasco, WA 99301 On or before April 1, 2014, the City must implement an Industrial Pretreatment Program in accordance with the legal authorities, policies, procedures, and financial provisions described in a pretreatment program approved by Ecology. The following pretreatment implementation activities must occur starting immediately: A. General Requirements 1. The City must work with Ecology to ensure all commercial and industrial users of the POTWs comply with the pretreatment regulations promulgated in 40 CFR Part 403 and any additional regulations that may be promulgated under Section 307(b) (pretreatment) and 308 (reporting) of the Federal Clean Water Act. 2. This order requires the development of a program under which. the City administers the Federal Pretreatment Program and State Waste discharge Permit program for control of discharges to the publicly owned municipal and industrial sewer from tributary industries. Section E through I contains a schedule of submittals related to pretreatment program development. Sections B, C. and D apply until program delegation. Upon delegation the City takes over implementation of the pretreatment program. The City must then submit copies of permits to Ecology upon issuance providing the basis for Ecology to terminate its permits for indirect discharges. Ecology updates the City's discharge permits to include conditions and requirements for the delegated systems. Administrative Order Docket No. 9737 Page 3 February 1, 2013 B. Wastewater Discharge Permit Required Until delegated, the City must not allow Significant Industrial Users (SLUs) to discharge wastewater to the City's sewerage system until such user receives a wastewater discharge permit from Ecology in accordance with Chapter 90.48 RCW and Chapter 173 -216 WAC, as amended. C. Identification and Reporting of Existing New and Proposed Industrial Users 1. The City must take continuous, routine measures to identify all existing, new, and proposed SIUs and Potential Significant Industrial Users (PSIUs) discharging or proposing to discharge to the City's sewerage system. 2. Within 30 days of becoming aware of an unpermitted existing, new, or proposed industrial user who may be an SIU, the City must notify such user by registered mail that, if classified as an SIU, they must apply to Ecology and obtain a State Waste Discharge Permit. A copy of this notification letter must also be sent to Ecology within this same 30 -day period. 3. The City must also notify all PSIUs, as they are identified, that if their classification should change to an SIU, they must apply to Ecology for a State Waste Discharge Permit within 30 days of such change. D. Duty to Enforce Discharge Prohibitions 1. In accordance with 40 CFR 403.5(a), the City must not authorize or knowingly allow the discharge of any pollutants into its POTWs which cause pass through or interference, or which otherwise violates general or specific discharge prohibitions contained in 40 CFR Part 403.5 or WAC- 173 - 216 -060. 2. The City must not authorize or knowingly allow the introduction of any of the following into their treatment works: a. Pollutants which create afire or explosion hazard in the POTWs (including, but not limited to waste streams with a closed cup flashpoint of less than 140 degrees Fahrenheit or 60 degrees Centigrade using the test methods specified in 40 CFR 261.21). b. Industries with pollutants which cause corrosive structural damage to the POTWs must not discharges pH lower than 5.0 or greater than 11.0 standard units, unless the works are specifically designed to accommodate such discharges. c. Solid or viscous pollutants in amounts that could cause obstruction to the flow in sewers or otherwise interfere with the operation of the POTWs. d. Any pollutant, including oxygen demanding pollutants, (BOD, etc.) released in a discharge at a flow rate and/or pollutant concentration which will cause interference with the POTWs. Administrative Order Docket No. 9737 Page 4 February 1, 2013 e. Petroleum oil, non - biodegradable cutting oil, or products of mineral origin in amounts that will cause interference or pass through. f. Pollutants which result in the presence of toxic gases, vapors, or fumes within the POTW in a quantity which may cause acute worker health and safety problems. g. Heat in amounts that will inhibit biological activity in the POTWs resulting in interference but in no case heat in such quantities such that the temperature at the POTW headworks exceeds 40 °C (104 °F) unless Ecology, upon request of the City, approves in writing alternate temperature limits. h. Any trucked or hauled pollutants, except at discharge points designated by the City. i. Wastewaters prohibited to be discharged to the POTWs by the Dangerous Waste Regulations (Chapter 173 -303 WAC), unless authorized under the Domestic Sewage Exclusion (WAC 173- 303 -071). 3. All of the following are prohibited from discharge to the POTWs unless approved in writing by Ecology under extraordinary circumstances (such as a lack of direct discharge alternatives due to combined sewer service or the need to augment sewage flows due to septic conditions): a. Noncontact cooling water in significant volumes. b. Stormwater and other direct inflow sources. c. Wastewaters significantly affecting system hydraulic loading, which do not require treatment, or would not be afforded a significant degree of treatment by the system. 4. The City must notify Ecology if any industrial user violates the prohibition listed in this section. The following information must be submitted by the dates indicated in order to constitute a complete application for a pretreatment program delegation. E. Industrial User Survey The City must complete and submit to Ecology an Industrial User Survey listing all Sills and PSIUs discharging to the POTW. The survey must be received by the Water Quality Program at ERO by June 1, 2013. At a minimum, the list of SIUs and PSIUs must be developed by means of a telephone book search, a water utility billing records search, and a physical reconnaissance of the service area. Information on PSIUs must at least include: the business name, telephone number, address, description of the industrial process(es), and the known wastewater volumes and characteristics. For assistance with the development of the Industrial User Survey, the City must refer to Ecology's guidance document entitled "Performing an Industrial User Survey." Administrative Order Docket No. 9737 Page 5 February 1, 2013 F. Local Limits Evaluation 1. Sampling to Determine Local Limits a. The City must analyze for the priority pollutants listed in Tables II and III of Appendix D of 40 CFR Part 122 as amended. Sampling must be conducted quarterly starting Vt Quarter 2013 for one year at both of the City's POTWs. Each quarter will have a minimum of two samples per quarter. Semiannual sampling must be conducted once during the wet season and once during the dry season, approximately six months apart. b. The influent and effluent must be sampled on days when industrial and commercial discharges are occurring at normal to maximum levels. c. Procedures listed in 40 CFR 136 must be used for collections, preservation, storage, and analysis of samples. d. Sludge 1) Sludge samples must be taken as the sludge leaves the dewatering device or digesters before mixing with sludge of different ages. 2) Sludge Reporting: Analytical results for sludge must be reported in mg/kg (dry weight) Administrative Order Docket No. 9737 Page 6 February 1, 2013 e. The City must sample as described in Table 1. Table 1: Local Limits Sam lin Parameter Sample Point Sample Type Minimum Number of Samples Per Conventional Pollutants, Influent 24 -hour Composite Sam lin Event Metals, Acid Three discrete 24 hr. Compounds, samples within Baseineutral and a week (Mon -Fri) (2)i3) Pesticides Effluent 24 -hour Composite Three discrete 24 hr. samples within a week Mon -Fri (s)(') Sludge Grab Once, during the same time period influent and effluent Hauled Waste Grab samples are taken. Once, during the same time period that influent and effluent samples are taken (5) Volatile Organics Influent Eight grab samples Three 24 hr. samples collected over 24- within a week hours (Mon -Fri) (2)(4) Effluent Eight grab samples Three 24 hr. samples collected over 24- within a week hours Mon -Fri (2)(4) Sludge Grab Once, during the same time period influent and effluent samples are taken. Hauled Waste Grab Once, during the same time period influent and effluent Influent and effluent samples for cyanide must'be collected and a samples are taken (5) nalyzed as required in paragraph F.1.g. 4). (Z) Sample days need not be contiguous. (3) Each 24 hour composite sample must be analyzed and reported as a discrete sample. (4) A single analysis for volatile pollutants may be run for each 24 -hour monitoring day.' (See paragraph F.1.h. 2). (5) Need to be sampled if considering to authorization of discharging hauled waste at the POTWs Administrative Order Docket No. 9737 Page 7 February 1, 2013 f. Metals, Cyanide, Percent Solids 1) The City must sample influent, effluent, and sludge from its facility for arsenic, cadmium, chromium, copper, cyanide, lead, mercury, molybdenum, nickel, selenium, silver, and zinc. Sludge must also be analyzed and reported for percent solids. 2) Metals must be analyzed and reported as total metals. 3) For pretreatment sampling, the City must use EPA - approved analytical methods that achieve the method detection limits (MDLs) in Table 2, unless higher detection limits are approved by the Water Quality Program at the Eastern Regional Office (ERO). Requests for higher MDLs must be submitted in writing to the ERO Pretreatment Engineer at the address below. 4) Cyanide sampling: Influent and effluent sampling for cyanide must be conducted as follows. Eight discrete grab samples must be collected over a 24- hour day. Each grab sample must be at least 100 ml. Each sample must be checked for the presence of chlorine and/or sulfides prior to preserving and compositing (refer to Standard Methods, 4500 -CN B). Table 2: Method Detection Limits Parameter MDL, ug /I Arsenic 1.0 Cadmium 0.2 Chromium 1.0 Copper 1.0 Cyanide 10.0 Lead 1.0 Mercury 0.1 Molybdenum 4.0 Nickel 1.0 Selenium 2,0 Silver 0.2 Zinc 4.0 Note: �" This value represents a minimum level, not an MDL. g. Toxic Organics 1) The City must perform chemical analyses of its influent, effluent, and sludge for all specific toxic organic pollutants listed in Table II o f Appendix D of 40 CFR 122. Administrative Order Docket No. 9737 Page 8 February 1, 2013 2) Volatile Organic Sampling: eight discrete samples must be collected over the 24 hour day using 40 ml VOC vials with Teflon septa. During sampling, the flow from the discharge will be controlled to produce smooth laminar flow to prevent agitation and aeration of the sample. The VOC vials will be filled to the top such that there is a meniscus present. There must be no visible air space or air bubbles in the VOC vials when capped. A single analysis for volatile pollutants may be run for each monitoring day by compositing equal volumes of the individual discrete VOC vials (at the analytical laboratory using extreme care not to introduce air /air bubbles) directly into the GC purge and trap apparatus, with no less than 1 ml of each grab included in the composite. The composite sample must be analyzed immediately. 3) In addition to priority pollutants, a reasonable attempt must be made to identify and quantify the ten most abundant substances of each fraction (excluding priority pollutants and un- substituted aliphatic compounds) shown to be present by peaks on the total ion plots (reconstructed gas chromatogram) more than ten times higher than the adjacent background noise which produces an identifiable spectra, and more than five scans wide. Identification must be attempted by a laboratory whose computer data processing programs are capable of comparing the sample mass spectrum to a computerized library of mass spectra, with visual confirmation by an experienced analyst. Quantification may be an order of magnitude estimate based on comparison with an internal standard. 4) Sample Handling: All samples must be prepared, preserved, shipped, and analyzed in accordance with USEPA Methods 624 and 625. 2. Local Limits Evaluation Requirements a. By June 1, 2013, the City must submit a complete local limits evaluation to the Water Quality Program at ERO. b. The evaluation must propose limits that protect water quality in the receiving stream, biological processes in the treatment plant, and sludge quality goals. c. At a minimum, the evaluation must address fats, oils & grease, conventional pollutants (i.e. BOD and TS S), pH, TKN, and propose limits for each metal (above) and each priority pollutant listed in Tables II and III of Appendix D of 40 CFR Part 122 which has been observed to be entering the POTWs at levels of concern for pass through or interference. d. The submittal must include proposed local limits, maximum allowable headworks loading, all supporting calculations, data from which calculations were based, and clear explanations of all assumptions. e. The monitoring to support development of these local limitations must be conducted as required in section F.1. Administrative Order Docket No. 9737 Page 9 February 1, 2013 f. For assistance with the development of Local Limits, the City must refer to Ecology's guidance document entitled, "Model Guidance Manual for Using NEWLL8.xls to Develop Local Discharge Limitations" and EPA's "Local Limits Development Guidance" dated July 2004. g. The City can request for a waiver from Water Quality Program at ERO if their current local limits meet the requirements in sections F.1 and F.2. G. Sewer Use Ordinance The City must develop and adopt a sewer use ordinance according to the following schedule: 1. By July 1, 2013, the City must submit a proposed sewer use ordinance and evaluation of legal authority to the Water Quality Program at ERO. a. The ordinance must incorporate the local limits developed under paragraph S6.F and the general pretreatment requirements of 40 CPR 403. b. The evaluation of legal authority, as minimum, will be an evaluation by the City's attorney of the legal authorities to be used by the City to apply and enforce the requirements of Sections 307(b) and (c) and 402(b)(8) of the Clean Water Act, including those requirements outlined in 40 CFR 403.8(1)(1). The ability of the POTW's program to administer the program to any tributary industries outside (i.e. Port of Quincy) the City limits through adequate multijurisdictional agreements must also be addressed. 2. Within three months of approval of the proposed sewer use ordinance by the Water Quality Program at ERO, the City must codify the ordinance, incorporation with such modifications as required by Water Quality Program at ERO. 3. For assistance with the development of Sewer Use Ordinance, the City must refer to Ecology's guidance document entitled "Model Pretreatment Ordinance" and EPA's "Model Ordinance for Pretreatment ". 4. The City can request for a waiver from the Water Quality Program at FRO if their current Sewer Use Ordinance meets the requirements in section F. Mercury Control Plan The City must revise and submit to Ecology an updated Mercury abatement and control plan. The plan must be expanded as Ecology develops and releases further guidance. The Mercury Control Plan must be submitted to Ecology by September 15, 2013 Mercury Plan development guidance can be found at the following locations: Ecology mercury web site htti)://www.ecy.wa. gov /mercury For Dental Plan guidance httn: / /www. ecv.wa. gov /dentalbmns /index html Reduction plan guidance http: / /www. ecv.wa. gov/biblio /0303001 htrnl Administrative Order Docket No. 9737 Page 10 February 1, 2013 H. Program Procedures Manual The City must develop and adopt a Program Procedures Manual (PPM) according to the following schedule: 1. By September 15, 2013, the City must submit a draft PPM to the Water Quality Program at ERO. The manual will contain, at a minimum, provisions implementing State Waste Discharge Permit program of Chapter 173 -216 WAC, Plans for Pollution Control Facilities of Chapter 173 -240 WAC, and the federal pretreatment program requirements of 40 CFR 403. 2. Upon Ecology's review and feedback, the City will resubmit the final PPM and address Ecology feedback by November 1, 20130 3. At a minimum, the PPM will contain the following: a. An evaluation of the financial programs, staffing, and revenue sources, as required by 40 CFR 403.8(f)(3), required to implement the pretreatment program; b. Policies and procedures(e.g. locating industries, notification, engineering, permitting, inspection, data management, handling hauled waste, sampling, spill plan review, and enforcement — Enforcement Response Plan) needed to implement local, state, and federal pretreatment standards and requirements in particular those of 40 CFR 403.8 and 403.12; c. List of monitoring equipments required by the POTWs to implement the pretreatment program and a description of municipal facilities to be constructed or acquired for monitoring or analysis of industrial wastes; and, d. Procedures for submitting, reviewing, and approving Engineering Reports, Plans and Specifications, and Operational Manuals as outlined in WAC 173 -240 for industrial facilities. J. Schedule for Pretreatment Program Development 1. By February 1, 2014, the City must submit three copies of their Pretreatment Program to the Water Quality Program at ERO for approval in accordance with the general pretreatment regulations (40 CFR 403). 2. At a minimum, the pretreatment program must include the following: a. Results of an industrial waste survey (Industrial User Survey) as required by 40 CFR 403.8(f)(2)(i -iii), including identification of non - domestic users and the character and volume contributed to the POTWs by the non - domestic users and developed as required in paragraph E. Administrative Order Docket No. 9737 Page 11 February 1, 2013 b. Local limits for pollutants, developed as required in section F.2. c. The City's sewer use ordinance, developed as required in section G. d. An evaluation by the City's attorney of the legal authorities used by the City to apply and enforce the requirements of Sections 307(b) and (c) and 402(b)(8) of the Clean Water Act, including those requirements outline in 40 CFR 403.8(f)(1). The City must address muitijurisdictional issues as required in paragraph G. e. An evaluation of the financial programs, staffing, and revenue sources, as required by 40 CFR 403.8(f)(3) and paragraph I, employed to implement the pretreatment program. f. Policies and procedures (e.g. permitting, inspections, compliance and enforcement — Enforcement Response Plan), required to implement the Chapter 40 CFR 403 and in particular those requirements in 40 CFR 403.8 and 403.12 and as required by section I. g. List of monitoring equipment required by the POTWs to implement the pretreatment program and a description of municipal facilities to be constructed or acquired for monitoring or analysis of industrial wastes and as required by sections F. and I. h. Copy of any statutes, ordinances, regulations, agreements, or other authorities relied upon by POTWs for City's administration of their Pretreatment Program. i. Mercury Control Plan and as required by section H. j. Procedures for submitting, reviewing, and approving Engineering Reports, Plans and specifications, and Operational Manuals as outlined in Chapter WAC 173240 for industrial facilities. K. Continuing Monitoring for Pollutants of Concern Following the completion of the local limit sampling required under Section F, the City must continue to monitor for pollutants of concern identified in the local limits evaluation on a semi - annual basis. Sampling events must be once during the wet season and once during the dry season, approximately six months apart. 2. The influent and effluent must be sampled on days when industrial and commercial discharges are occurring at normal to maximum levels. 3. The City must sample as described in Sections F.3 through F.6 above. Administrative Order Docket No. 9737 Page 12 February 1, 2013 L. Reports and Information All reports and information required to be submitted under this part must be submitted to the following addresses: Department of Ecology, Eastern Regional Office Water Quality Program 4601 N. Monroe Street Spokane, WA 99205 SUMMARY OF NECESSARY SUBMITTAL DATES Section Submittal Frequency Submittal Due Date E Industrial User S ey Once June 1, 2013 F.1 Sampling to Determine Local Twice a quarter for Begin 1" Quarter 2013 Limits four quarters in 2013 F.2.a Submit Local Limits Evaluation Once June 1, 2013 G.1 Submit Proposed Sewer Use Once July 1, 2013 Ordinance H Mercury Control Plan Once September 15, 2013 1.1 Submit draft Program Once September 15, 2013 Procedures Manual 1.2 Submit Final Program Once November 1, 2013 Procedures Manual J.1 Submit Pretreatment Program Once February 1, 2014 Under RCW 34.05.110, small businesses are eligible for a waiver of a first -time paperwork violation and an opportunity to correct other violations. We have made no determination as to whether you meet the definition of a "small business" under this section. However, we have determined that the requirements of RCW 34.05.110 do not apply to the violation(s) due to a conflict with federal law or program requirements, including federal requirements that are a prescribed condition to the allocation of federal funds to the state. Failure to comply with this Order may result in the issuance of civil penalties or other actions, whether administrative or judicial, to enforce the terms of this Order. VCOML e • 2 IN You have a right to appeal this Order to the Pollution Control Hearing Board (PCHB) within 30 days of the date of receipt of this Order. The appeal process is governed by Chapter 43.21B RCW and Chapter 371 -08 WAC. "Date of receipt" is defined in RCW 43.21B.001(2). Administrative Order Docket No. 9737 Page 13 February 1, 2013 To appeal you must do both of the following within 30 days of the date of receipt of this Order: • File your appeal and a copy of this Order with the PCHB (see addresses below). Filing means actual receipt by the PCHB during regular business hours. • Serve a copy of your appeal and this Order on Ecology in paper form -by mail or in person. (See addresses below.) E -mail is not accepted. You must also comply with other applicable requirements in Chapter 43.21B RCW and Chapter 371 -08 WAC. Your appeal alone will not stay the effectiveness of this Order. Stay requests must be submitted in accordance with RCW 43.21B.320. Street Addresses Mailing Addresses Department of Ecology Department of Ecology Attn: Appeals Processing Desk Attn: Appeals Processing Desk 300 Desmond Drive SE PO Box 47608 Lacey, WA 98503 Olympia, WA 98504 -7608 Pollution Control Hearings Board Pollution Control Hearings Board 1111 Israel Road SW PO Box 40903 STE 301 Olympia, WA 98504 -0903 Tumwater, WA 98501 Please direct all questions about this Order to: Department of Ecology ATTN: Scott Mallery 4601 North Monroe Spokane, WA 99205 Phone: (509) 329 -3473 Email: smal461gecv.wagov Administrative Order Docket No. 9737 Page 14 February 1, 2013 MORE IWORMATION a • Pollution Control Hearings Board Website: www.eho.wa.govBoards PCHB.asox • Chapter 43.21B RCW - Environmental and Land Use Hearings Office — Pollution Control Hearings Board: htto: / /apps.leg.wa.gov /RCW /default.aspx ?cite= 43.21B • Chapter 371 -08 WAC — Practice And Procedure: http://apps.leg.wa.gov/WAC/default.aspx?cite=371-08 • Chapter 34.05 RCW — Administrative Procedure Act: h"://4Ms.leg.wa.gov/RCW/default.asi)x?cite=34.05 • Laws: www.ecy.wa.gov /laws - rules /ecyrew.html • Rules: www.ecy.wa.gov/laws- rules /ecywac.html (i James M. Bellatty J Date Water Quality Section Manager Department of Ecology Eastern Regional Office 3 AGENDA REPORT NO. 23 FOR: City Council May 8, 2013 TO: Gary Crutchfr Manager FROM: Ahmad Qayoui�ii, tublic Works Director Workshop Mtg.: 05/13/13 Regular Mtg.: 05/20/13 SUBJECT: Traffic Signal Controller Replacement Plan I. REFERENCE(S): 1. Amendment No. I to Professional Services Agreement II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 5/13: Discussion 5/20: MOTION: I move to approve Amendment No. 1 to the Professional Services Agreement with Kittelson & Associates, Inc., for the the Traffic Signal Controller Replacement Plan, not to exceed $30,000 and further, authorize the City Manager to sign the agreement. III. FISCAL IMPACT: STP Funds $23,682 Local Funds $6,318 IV. HISTORY AND FACTS BRIEF: A) In September 2012, Council approved an agreement with Kittelson and Associates, Inc. in the amount of $19,972.97 to inventory, review conditions and to identify options with respect to the City's traffic signals. Of the City's 50 signals, 41 are over 20 to 40 years of age with controllers that are so outdated they can seldom be repaired if broken. Kittelson has now completed about 50% of the contracted work. V. DISCUSSION: A) During the past few months (especially during storms) a number of signals were lost, resulting in complaints from citizens. B) Additional STP funding has recently become available. The City has secured additional funding in the amount of $23,682 with a City match of $6,318. The additional funding of $30,000 can be used to provide communication plans and specifications for new controllers; design implementation allowing staff to have remote access for single diagnosis and updates; and to allow Police access to turn signals to emergency flashing mode. C) Staff recommends approval of Amendment No. I to the Professional Services Agreement with Kittelson & Associates, Inc. to accomplish the additional consulting work. 4(h) AMENDMENT NUMBER 1 to PROFESSIONAL SERVICES AGREEMENT WHEREAS, the City and Kittelson and Associates, Inc. entered into a Professional Services Agreement on September 12, 2012, to provide engineering and consulting services with respect to Traffic Signal Controller Replacement Plan (Mini Master Plan). NOW, THEREFORE, this agreement is amended to allow Kittelson and Associates, Inc. to provide additional engineering services as described on Exhibit A. Scone of Work: Scope of work includes additional professional services required for to provide communication plans and specifications for new controllers; design implementation allowing staff to have remote access for single diagnosis and updates; and to allow Police access to turn signals to emergency flashing mode. 2. Fee: The compensation for the work is based on a time and material basis not to exceed the amount of $30,000. 3. Time of performance: The services shall be complete for the project on or before December 31, 2013. DATED THIS DAY OF .9 2013, CITY OF PASCO: CONSULTANT — Kittelson and Associates, Inc. Gary Crutchfield, City Manager Chris Brehmer, P.E. Principle Engineer ATTEST: Debbie Clark, City Clerk Kittelson and Associates, Inc. Amendment No. 1 Professional Services Agreement — Mini Master Plan APPROVED AS TO FORM: Leland B. Kerr, City Attorney PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT, made and entered into between the City of Pasco, hereinafter referred to as the "City ", and Kittelson & Associates, Inc. hereinafter referred to as the "Consultant ". WHEREAS, the City desires to engage the professional services and assistance of a consulting firm to provide engineering and consulting services with respect to the Mini - Master Plan, NOW, THEREFORE, in consideration of mutual benefits accruing, it is agreed by and between the parties hereto as follows: 10 Scope of work. The scope of work shall include all services and material necessary to accomplish the above mentioned objectives in accordance with 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, 12rovid e , 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 $19,972.97 without approval from the City, 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. 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 by February 28, 2013. 5. Hold harmless aereement. 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 under this Agreement, or from conditions created by the Consultant performance or non - performance of said work or service. 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 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. 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 he 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 - assignable. 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 fees and costs. 16. N2tLces . Notices to the Citv of Pasco shall be sent to the following address: City of Pasco P. O. Box 293 Pasco, WA 99301 Notices to the Consultant shall be sent to the following address: Kittelson & Associates, Inc. 610 SW Alder Street, Suite 700 Portland, OR 97205 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 ^r ' DAY OF!, t )',tVLw4 12012 CITY OF PASCO Matt Watkins, Mayor ATTEST Debbie Clark, City Clerk CONSULTANT c° . b- �- Chris Brehmer, Principal Engineer APED AS TO FORM Leland 13. Kerr, City Attorney. Exhibit A Scope for City of Pasco Signal & Communication Concept Plan ( "Mini- Master Plan ") Prolect Tasks: Review and comment on the existing conditions Inventory/summary completed by City of Pasco Staff. Identify signal systems (hardware, software, communications) in use by neighboring agencies to evaluate their experiences and potential for cross Jurisdictlon communication or resource sharing. • WSDOT South Central Region • Cities of Kennewick & Richland Identify up to two options for signal hardware /software, assess pros and cons of each option and provide a summary in tabular format to the City. Participate in a conference call with City staff to discuss the signal hardware /software options. A recommendation will be identified based on the outcome of the conference call. Summarize communication options, including benefits and planning level costs, for communications between traffic signals and to the traffic management center (TMC). This task will focus on connections and mediums, not on specifics of sizing and exact equipment locations. Refer to the contingency task for preliminary, design -level communications plan, if desired. The following options will be reviewed: o Peer-to-Peer corridor communications: Identify up to two options for peer -to -peer interconnect between signal controllers on each key corridor. The options are assumed to include wireless and wired (copper or fiber). o Local to TMC; Identify up to three options for communication systems from the corridors /signals back to the TMC. It is assumed the options will be (1) fiber backhaul, copper local communications with Ethernet switches to local, vs. (2) wireless central to hub to local, or (3) a hybrid of the wireless, copper, and fiber. Develop a concept -level implementation plan for upgrades and locations; along with planning - level cost estimates & features summary for preferred signal hardware /software and communications. Summarize typical anticipated City staffing needs depending on the signal and communication system selected. Meet with City of Pasco staff in Portland to review the draft implementation plan elements (assumes one meeting in Portland). Provide guidance and mark ups to City to support City -led mapping/graphics illustrating concept level communications options (up to 6 hours of support assumed). Prepare a PowerPoint presentation summarizing the signal & communication concept plan suitable for City Council use, outlining costs /benefits and options, as well as staff recommendation, and next steps. Prepare for and attend a meeting in Pasco with City staff and support or lead a technical summary presentation to the City Council. On the same day, complete a site visit to review recommendations and implementation plan on the ground. Contingency Tasks (Cost to be determined asneeded): • Summarize and provide recommendation between up to 3 candidate signal software /hardware traffic signal systems. This option should only be necessary if particular features desired by the City are not available in their current traffic signal system or If the controller options being evaluated do not include a central system that fully meets the potential needs of the City. • Develop a formal communication infrastructure concept, This would include an architecture plan, concept communication design /routing plan to each major corridor; as well as communication elements necessary to connect to the central signal office station and other locations (such as the police) that may need a TMC terminal. This will require interactions with City Information Technology and potentially other service providers In Pasco. • Development of a long -range Intelligent Transportation Systems (ITS) plan. This would include a planning level review of potential locations for ITS devices such as variable message signs, pan - tilt -zoom (PTZ) surveillance cameras, speed and travel time monitoring, etc. Deliverable Option (• indicates recommended deliverables assumed in above scone): 'One Meeting in Portland— $1,200 "One Meeting in Pasco (2 KAI staff) — $4,000 Maps /Graphics— City to lead, KAI will provide guidance and red -line markups 'PowerPoint summary with maps /graphics (suitable for council) — $2,000 Summary technical memorandum (draft and final) - $4,000 LABOR ESTIMATE Project Budgist Farm Projeot Number. 1200 Pmjwt NUM: Pam M"Mw4r Plan . Pnsp1 M4MOer. SMO Dint: $4312012 en Senn 4 I C vw I 0 11 lmA. RemTabM: 2012 R4lmbunabiw M0IUp2ar 1.00 CauOMnt MuidpMr. 1.00 Twk Oaten !p fORt P nib r M NN, W ka 22M 26 SIMON wrMklCw M1New oubee0b on signor and wnkn SIWW Mid"W801tonnre NOWnMWd S Mpem pan COmmLUmMons neommw A imPltml pan Meeting wan Pam staff In PDX 0av+Meng pan Ompap ma"pa 2 4 6 (: ^ 1 2 2 10 10 4 2 _£ 2 1 $1,819 4 . 10 S, g 4 4 $060 0 $072 PWSM wmmtry POWO"ll Pam Tdp. mae9n9 wkn v%R, wuruA aka vloll 4 10 a 12 83.061 608':•' 6 $0510. "Is ': $30$.00 Acoountln0 Senior Review 2 . -. 1.6 ; my $3100 Amen Proad Man en $300.00 penpn 6 Lodging AL UR 512350 D4nM 2 7.6 3 I - mwM for W. LA BOR RATE 6.1 1 . $ Tubt Cpny 1 1 0.87 $96050 LIBOR ESTIMATE I W.W.Wl 37.30620 873.1 380,03 378152 $20050 Mlewaplim ASK TASK fORt COST nk t k 111,004 2 22M 26 23,31E 24 13.604 11 $1,819 7 $060 0 $072 to $2.460 22 83.061 1.6 1 $$a $391 Mm Doren n aan anWw nk t n COST 1 Communluti9nM 124 600 Mnour $996.00 430 ft Vba A rm lg in Paaw Bem PDX $0.$10 milt $219.30 3 MYSpt .. .. .' 608':•' Nbvlekimw$ngInPaewlmn806' -: ,.. $0510. "Is ': $30$.00 4 6 P41Nng $10.00 my $3100 Amen $300.00 penpn 6 Lodging -. 512350 D4nM T Me" I - mwM for W. $$000 ay $$3.00 e Tubt Cpny $96050 II" 9 TrPRice ntil42penanl' $20050 Mlewaplim 10 Mot $16.00 InWN9sfel 11 Rpont � 12 13 .Gets guoN.wpetlal d ainnq AGENDA REPORT FOR: City Council May 6, 2013 TO: Gary Crutchfi Manager Workshop Mtg.: 5/13/13 Regular Mtg.: 5/20/13 FROM: Stan Strebel, D uty City Manager 40PO SUBJECT: Amendment to Interlocal Agreement with Port of Walla Walla for Wastewater Treatment and Disposal Services I. REFERENCE(S): Proposed Amendment II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 5/13: Discussion 5/20: MOTION: I move to approve Amendment No. 1 to the hiterlocal Agreement with the Port of Walla Walla for Wastewater Treatment and Disposal Services and, further, to authorize the Mayor to sign the Agreement. III. FISCAL IMPACT: N/A IV. HISTORY AND FACTS BRIEF: A) Council approved the interlocal agreement in February 2012 with authorization for the Mayor to sign the agreement when the conditions to establish the effective date for the agreement had been met. This was done on May 7, 2012. B) The agreement requires the Port to purchase the first block of treatment capacity (100,000 gpd annual average flow) within one year of the effective date (May 7, 2012) but not later than June 30, 2013. The purchase price, adjusted per the agreement for inflation, in 2013 is $912,600. C) The Port and the City have worked diligently to design the best possible route and to secure necessary easements. It appears that this work is now complete. The Port is awaiting its final permit from State Department of Natural Resources, which has advised, verbally, that the permit is forthcoming. The Port is also in the process of preparing bid documents for the directional drilling required to construct the sewer line under the river. The award of the bid will be conditional on the DNR permit. D) Given the remaining uncertainty with the DNR permit, the Port has requested a short delay in the deadline for purchase of the first block of capacity — to September 1, 2013. Staff feels the request is reasonable, under the circumstances, and recommends approval. V. DISCUSSION: A) Approval of Amendment No. 1 will accommodate the Port if Council is agreeable to the time extension. 4(i) When recorded, please return to: City of Pasco Attn: Gary Crutchfield, City Manager P. O. Box 293 Pasco, WA 99301 Amendment No. 1 to City of Pasco and Port of Walla Walla Interlocal Agreement for Waste Water Treatment and Disposal Services THIS AMENDMENT TO THE INTERLOCAL AGREEMENT (the "Amendment ") is entered into by and between the City of Pasco, Washington a municipal corporation, herein called the "City," and the Port of Walla Walla, Washington, a municipal corporation, herein called the "Port," for the purpose of amending that certain Interlocal Agreement (the "Agreement"), dated May 7, 2012 regarding wastewater treatment and disposal services in the unincorporated Burbank area of Walla Walla County, Washington. The City and the Port are each a "Party" and are collectively the "Parties" to this Amendment. WHEREAS, the Parties entered into an Interlocal Agreement for wastewater and disposal services on May 7, 2013; and WHEREAS, the Parties desire to amend a section of the Agreement, extending the deadline for the Port to make payment for the first block of wastewater treatment and disposal capacity; and NOW THEREFORE, in consideration of the foregoing recitals which are incorporated herein, the City and the Port do hereby mutually consent and agree as follows: SECTION 1. That Section 2 "Capacity Purchase Timing," of the Agreement shall be amended to read as follows: Section 2: Capacity Purchase Timine A. The Port agrees to purchase the first block of treatment capacity within e of cti: e date of this AgreemeR by not later than Jane 30 September 1, 2013. Failure by the Port to make the initial purchase as specified shall act to terminate this Agreement. Waste Water Treatment and Disposal Services Agreement — Amendment No. 1 page 1 B. The Port agrees to purchase the second block of treatment capacity within 15 years of the first payment for the first block of treatment capacity. The City may, in its sole discretion, elect to terminate this Agreement if the Port does not initiate purchase of the second block within the 15 -year period. The City must exercise such termination right within six months of the end of said 15 -year period. C. The Port may purchase a third block of treatment capacity at any time after the purchase of the second block of capacity. If the Port fails to purchase the third block of capacity within 50 years of the effective date of this Agreement, then the Port's option to purchase same shall expire. The Parties may extend the option through mutual written agreement. D. As of the effective date of this Agreement, the City shall allocate and reserve for the Port three (3) blocks of waste water treatment capacity (100,000 gpd annual average flow). Until such time as the Port's right to purchase a capacity block expires, the City shall maintain said reservation of capacity for the Port and shall not otherwise use or allocate said reserved capacity. The City shall keep records and accounts of the waste water treatment system capacity that include and reflect the Port's reserved capacity. SECTION 2. That all other terms and provisions of the Agreement shall remain as currently written. IN WITNESS WHEREOF, the Parties have executed this Amendment as of the day and year stated below. CITY OF PASCO Matt Watkins, Mayor Dated: PORT OF WALLA WALLA Paul Schneidmiller, Port Commission President Dated: Waste Water Treatment and Disposal Services Agreement — Amendment No. Page 2 STATE OF WASHINGTON) ss County of Franklin ) On This day personally appeared before me MATT WATKINS, 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 2013. STATE OF WASHINGTON) ss County of NOTARY PUBLIC in and for the State of Washington Residing at My Commission Expires: On This day personally appeared before me PAUL SCHNEIDMILLER, Port Commission President of the Port of Walla Walla, 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 52013. NOTARY PUBLIC in and for the State of Washington Residing at My Commission Expires: Waste Water Treatment and Disposal Services Agreement — Amendment No. ] Page 3 AGENDA REPORT FOR: City Council TO: Gary Crutchfie io Manager ee FROM: Stan Strebel, D uty City Managerpl�'� SUBJECT: Encroachment Agreement for Franklin County Jail I. REFERENCE(S): 1. Proposed Agreement May 8, 2013 Workshop Mtg.: 5/13/13 Regular Mtg.: 5/20/13 II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 5/13: Discussion 5/20: MOTION: I move to approve the Encroachment Agreement with Franklin County and, further, authorize the City Manager to sign the document. III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: A) During the staking of the project for the jail expansion, it was discovered that the building would encroach by 5 inches on the City's right -of -way for 5u` Avenue. The City has a total of 80 feet for the right -of -way, therefore staff recommends approval of a 2.5 foot encroachment (allowing for any building attachment or overhang) for an 83.5 foot long section of the new jail building, until such time as the facility is no longer needed. B) With the encroachment there is room for the existing roadway section, plus a 5 foot sidewalk and 5 foot planter strip on the east (county) side of the right -of -way. 4(j) WHEN RECORDED RETURN TO: City of Pasco, Washington 525 North 3rd Pasco WA 99301 ENCROACHMENT AGREEMENT THIS AGREEMENT dated this _ day of 2013, is by and between Franklin County hereinafter referred to as "County" and the City of Pasco, a State of Washington Municipality, hereinafter referred to as "Pasco." WHEREAS, County owns property adjacent to Pasco's right -of -way on 5th Avenue upon which it maintains a Courthouse Campus including the County jail; and WHEREAS, County has expanded the County jail and landscaping area resulting in an eighty foot (80') section of the western wall of the expanded jail encroaching approximately five inches (5 ") upon the adjacent Pasco right -of -way, which encroachment is more particularly described in Exhibit A; and WHEREAS, the jail and landscaping improvements in the right -of -way will be maintained by County, and Pasco is agreeable to allowing the encroachment. NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties agree as follows: 1. Grant of Encroachment. Pasco hereby grants and conveys to County for the benefit of its real property upon which the Courthouse Campus is located, a right of encroachment within Pasco's right -of -way on 5th Avenue upon that real property described in Exhibit A, attached and incorporated herein. 2. Maintenance of Encroachment Area. The County shall be responsible, at its sole cost and expense, for the improvement and maintenance of the Encroachment Area, maintaining it in good condition and repair. Encroachment Agreement - 1 3. Indemnity. The County shall defend, indemnify and hold Pasco harmless from any claims, damages, judgments (including attorney fees) arising out of the negligent acts or omissions of the County resulting from its use, occupancy, or maintenance of the Encroachment Area, except for that arising as of result of the sole negligence of Pasco. 4. Running With The Land. This Agreement touches and concerns that real property described above, and shall run with the land and shall be binding upon the parties hereto and binding upon and for the benefit of the County, and each of its successors or assigns. 5. Termination. In the event the County, or its successors in interest demolishes that portion of the jail building or improvements, which are the subject of this Encroachment Agreement, this Agreement shall terminate and all rights granted through this Agreement, shall have no further force or effect. 6. General Terms. For the purpose of this Agreement, time is of the essence. In the event of a dispute, the parties shall first meet in a good faith attempt to resolve the dispute. If the parties are unable to resolve the dispute, with or without the assistance of mediation, the dispute shall be resolved by binding arbitration pursuant to RCW 7.04A in Pasco, Franklin County, Washington; and the substantially prevailing party shall be awarded its attorney fees and costs as an additional award and judgment against the other party. IN WITNESS WHEREOF, the Parties to this Agreement have set their hands as of the date first written above. FRANKLIN COUNTY CITY OF PASCO, WASHINGTON Commission Chair Gary Crutchfield, City Manager Encroachment Agreement - 2 STATE OF WASHINGTON) ss. County of Franklin On this day of , 2013, before me personally appeared Chair, Franklin County Commission, described in and who executed the 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 the day and year first written above. NOTARY PUBLIC in and for the State of Washington Residing at: My Commission Expires: STATE OF WASHINGTON) ss. County of Franklin On this day of , 2013, before me personally appeared Gary Crutchfield, City Manager for the City of Paso, described in and who executed the 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 the day and year first written above. NOTARY PUBLIC in and for the State of Washington Residing at: My Commission Expires: Encroachment Agreement - 3 Exhibit A Encroachment COMMENCING ATTHE INTERSECTION OF 5TH. AVENUE AND VACATED OCTAVE STREET; THENCE ALONG THE CENTERLINE OF SAID VACATED OCTAVE STREET SOUTH 89 °20'11" EAST, 40.00 FEET TO THE EASTERLY RIGHT -OF -WAY OF SAID 5TH. AVENUE; THENCE ALONG SAID EASTERLY RIGHT -OF -WAY OF 5TH. AVENUE SOUTH 00 °43'05" WEST, 135.00 FEET TO THE POINT OF BEGINNING; THENCE NORTH 89 016'55" WEST, 2.50 FEET; THENCE SOUTH 00 043105" WEST, 83.50 FEET; THENCE SOUTH 89 016'55" EAST, 2.50 FEETTO SAID EASTERLY RIGHT -OF -WAY OF 5TH. AVENUE; THENCE NORTH 00 °43'05" EAST, 83.50 FEET TO THE POINT OF BEGINNING. CONTAINING 209 SQUARE FEET MORE OR LESS. AGENDA REPORT FOR: City Council TO: Gary Crutchfiiputy Manager FROM: Stan Strebel, City Manager SUBJECT: Electronic Council Agenda Packets I. REFERENCE(S): 1. Draft iPad Policy May 7, 2013 Workshop Mtg.: 5/13/13 II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 5/13: Discussion III. FISCAL IMPACT: Out of pocket costs are expected to be slightly less for electronic packets as opposed to paper. Staff anticipates annual time savings with the electronic system. IV. HISTORY AND FACTS BRIEF: A) Following discussion on the possible use of tablet computers and an electronic agenda packet at the April 22 workshop meeting, additional items for discussion have been identified as follows: 1. Based on the discussion and demonstration, does Council have questions? Require additional information? Is there a desire to further consider? 2. In the event Council feels the electronic idea has merit, one of the most important considerations will be to develop a policy governing the use /care of the mobile devices. Staff has researched for comparable policies from neighboring cities. There are two approaches which seem to be typical: (It should be noted, however, that all of the policies reviewed appear to include the concept of city /paid/provided internet for mobile devices which is not proposed. As presented on 4/22, the devices would only be wi -fi equipped, relying on the internet service of users. The City could also assist in providing wi -fi equipment, if needed.) a. Non -City use not allowed. Typical of the language found in policies under this approach is: "All computer, computer systems, documents, files, communication and messages are the property of the City. As a result, these documents, files, communications and messages are not private or confidential. The City reserves the right to review the contents of any document or communication, including electronic mail, messages and all other communications. The City also reserves the right to delete personal information from computers and other devices without prior consent or notice." b. De Minimus Personal Use Allowed. Inasmuch as the City, under the previous discussion, would not provide ongoing internet service, it may be possible to develop a policy that would allow de minimus personal use of the device, much like the use of a telephone for non -toll charges, if such use (i.e., the internet availability) was not a direct cost to the city. This is unsure ground however, and users would have no expectation of privacy for messages, files or documents if stored on the device. 3. Please see the attached draft of additional policy considerations for possible Council discussion. 4(k) 4. If Council desires to implement the electronic agenda packets, it would also be an ideal time to revisit the Council's consistent (and required) use of City standard email addresses to aid and assure the City's ability to fully save and produce, as required, any such communications under the Public Records Act. 5. Transition to the new system can be scheduled if Council desires. It will take some lead time (30 -45 days) to order equipment and otherwise prepare policies. Staff would suggest, in transition, that following acquisition of necessary purchases, the full paper packet be produced for a period of two meetings. Thereafter, for two additional weeks the paper packet would be produced with only agenda and agenda reports (electronic attachments). Following the four - week phase -in period, the production of paper packets could be discontinued. Draft Wad Policy 1. Purpose. In order to save paper, time and money the City Council is being issued iPads. This will allow a convenient way for the Council to receive agenda packets and email correspondence. The responsible use of this technology will improve the efficiency with which the City and the Council operate. This policy shall apply to the use of any Wad or similar device issued to a Council member. This Policy is intended to supplement other legal requirements established by local, State, or federal laws and regulations. 2. Connectivity. The City will not cover the cost of any internet connection service. Council members will have free Wi -Fi access at the City. The use of any other internet service or connection will be at the sole expense of the council member. 3. Public Use. (Personal Use Prohibited) The Wad should be used only to conduct City business. Personal use is prohibited. Council members should be aware that any record created, item viewed, application used, email sent, or other such use of the device will be subject to public disclosure. The Wad should not be used by family, friends, or any person other than the Council member to whom the device was issued. Council members have no expectation of privacy regarding any use or content of the iPad. OR: Public Use. (Personal Use Allowed) The Wad should be used to conduct City business. Personal use is not specifically prohibited, but Council members should be aware that any record created, item viewed, application used, email sent, or other such use of the device will likely be subject to public disclosure. The Wad should not be used by family, friends, or any person other than the Council member to whom the device was issued. Council members have no expectation of privacy regarding any use or content of the Wad. 4. Retention of Records. Council members may be required to turn in the Wad at any time for maintenance, a system or memory backup, public disclosure, or for any other reason. It should be anticipated that the Wad will need to be turned in at least once annually, if not more frequently. To the extent emails, notes, agenda packets, or other public records are created or used on the Wad, they should not be deleted until the City has created a backup copy, or until the City's Public Records Officer has approved destruction of the record. As a rule of thumb any record on the device should be considered a public record. S. Loss Prevention. Council members should take reasonable care to avoid theft of or damage to the iPad. In the event the device is lost, stolen, damaged, or becomes inoperable the Council member should promptly notify the City Manager. Failure to take reasonable care to prevent theft or damage to the Wad may result in assessment of replacement costs. 6. Etiquette. The Wad should not be used to conduct internet research or send messages via email or other format during public meetings. Using the device to communicate during public meetings or to send "serial" email to other Council members can violate the Open Public Meetings Act. 7, Privileges. Any misuse of the Wad, including, but not limited to, any violation of this policy may result in a revocation of the Council member's privileges to use the device. The Mayor shall have the right to revoke privileges, but the Council member subject to such action shall have the right to bring the matter before the balance of the City Council to have the decision affirmed or overturned by majority vote of the Council.