HomeMy WebLinkAbout2013.07.22 Council Workshop Packet AGENDA
PASCO CITY COUNCIL
Workshop Meeting 7:00 p.m. July 22,2013
1. CALL TO ORDER
2. ROLL CALL:
(a) Pledge of Allegiance.
3. VERBAL REPORTS FROM COUNCILMEMBERS:
4. ITEMS FOR DISCUSSION:
(a) Franklin County Historical Society Presentation. (NO WRITTEN MATERIAL ON
AGENDA)Presented by Paul Whitemarsh, Society President.
(b) Left Turn Access on Road 68:
1. Agenda Report from Mike Pawlak,City Engineer dated July 18, 2013.
2. Resolution.
3. Vicinity Map.
4. Access Layout Plan.
(c) November Ballot Initiatives:
1. Agenda Report from Stan Strebel,Deputy City Manager dated July 15,2013.
2. Certificates from County Auditor.
3. Proposed Resolution-Reduction of City Limits.
4. Proposed Resolution-Change Plan of Government.
(d) Pro/Con Committee Appointments for November Ballot Measures:
1. Agenda Report from Stan Strebel,Deputy City Manager dated July 19,2013.
2. Committee Applications(Council packets only).
3. Proposed Resolution.
4. Franklin County Pro and Con Committee Appointment Form.
(e) Easement Agreement with Department of Natural Resources (Road 68) (MF#ESMT2013-
002):
1. Agenda Report from Rick White, Community & Economic Development Director dated
July 16,2013.
2. Vicinity Map.
3. Easement Agreement.
(f) Shoreline Master Program Request for Proposals(MF#PLAN2013-001):
1. Agenda Report from Jeffrey Adams,Associate Planner dated July 10,2013.
2. Department of Ecology Agreement.
(g) Addition of Rental Rehabilitation to the 2013 Annual Action Plan:
1. Agenda Report from Angie Pitman,Block Grant Administrator dated July 17,2013.
(h) Capital Improvement Plan:
1. Agenda Report from Gary Crutchfield, City Manager dated July 18,2013.
2. Proposed Capital Improvement Plan 2014-2019 (Council packets only; copy available for
public review in the City Manager's office,the Pasco Library and on the City's webpage at
www.pasco-wa.gov/citycouncilreport
Proposed Resolution.
5. OTHER ITEMS FOR DISCUSSION:
(a)
(b)
(c)
6. EXECUTIVE SESSION:
(a)
(b)
(c)
7. ADJOURNMENT
Workshop Meeting 2 July 22 2013
REMINDERS:
1. 7:30 a.m., Tuesday, July 23, 7130 W. Grandridge Blvd — Tri-Cities Visitor & Convention Bureau
Board Meeting. (COUNCILMEMBER MIKE GARRISON,Rep.;TOM LARSEN,Alt.)
2. 5:00 p.m., Tuesday, July 23, TRAC — TRAC Advisory Board Meeting. (COUNCILMEMBERS
REBECCA FRANCIK and AL YENNEY)
3. 4:00 p.m., Thursday, July 25, 7130 W. Grandridge Blvd — TRIDEC Board Meeting.
(COUNCILMEMBER MIKE GARRISON,Rep.; TOM LARSEN,Alt.)
4. 5:30 p.m., Thursday, July 25, 710 W. Court Street — Benton-Franklin Community Action
Connections Meeting. (COUNCILMEMBER AL YENNEY,Rep.; REBECCA FRANCIK,Alt.)
AGENDA REPORT NO. 30
FOR: City Council July 18, 2013
TO: Gary Crutchfiel anager
Ahmad Qayo , ub is Works Director
FROM: Michael A. Pawlak, City Engineer Workshop: 7/22/13
Regular Mtg.: 7/29/13
SUBJECT: RESOLUTION: Left-Turn Access on Road 68
I. REFERENCE(S):
1. Resolution
2. Vicinity Map
3. Access Layout Plan
II. ACTION REQUESTED OF COUNCIL /STAFF RECOMMENDATIONS:
07/22: Discussion.
07/29: MOTION: I move to approve Resolution No. amending
Resolution No. 3412, granting temporary left-turn access from
Road 68 to Sandifur Plaza Retail Center with conditions and
limitations.
III. FISCAL IMPACT:
IV. HISTORY AND FACTS BRIEF:
A) A study was completed by Kittelson & Associates, Inc. in 2011/2012 through a
public process including an advisory group and developed a 20-year plan for
corridor improvements which will serve as a guideline for development to reduce
current congestion and to accommodate future traffic growth, identification of
right of way needs, and for application for funding projects along the corridor.
The study also identifies improvements that can be incorporated in the City's
Capital Improvements Plan to enhance capacity, reduce congestion and safety.
The study also included public participation through open houses. A total of four
open house meetings were held to discuss proposed alternatives and findings. A
steering committee consisting of business owners and other stakeholders were
selected to participate in the meetings
B) On July 16, 2012, City Council adopted Resolution No. 3412 endorsing the Road
68 Corridor Study recommendations and authorizing staff to utilize the Road 68
Corridor Study recommendations to guide the development of Capital
Improvement Plan proposals affecting the Road 68 Corridor.
V. DISCUSSION:
A) City staff has been engaged in the design of certain roadway improvements along
the Road 68 and Burden Boulevard corridors to minimize and eliminate traffic
congestions and safety concerns. As a part of that effort, numerous contacts have
been made with property and business owners, as well as the general population
through direct contact and public open houses.
B) During and subsequent to one of the public open house meetings, the property
owners and business owners located in the Sandifur Plaza Retail Center
approached staff and requested that northbound left-turns from Road 68 be
4(b)
permitted into the joint use driveway that accesses Walgreens and the Sandifur
Plaza Retail Center,near Sandifur Parkway.
C) Staff has reviewed the request and evaluated it with respect to the Corridor Study
recommendations and has determined that allowing temporary northbound left-
turn access at this location is reasonable subject to the conditions outlined in the
Resolution that provide for immediate closure by the City as safety, traffic
operations or other conditions may require.
D) Staff recommends that the City Council approve the Resolution granting
temporary left-turn access with the conditions and limitations provided in the
Resolution.
RESOLUTION NO.
A RESOLUTION AMENDING RESOLUTION NO. 3412 AND GRANTING
TEMPORARY LEFT-TURN ACCESS FROM ROAD 68 TO SANDIFUR PLAZA RETAIL
CENTER
WHEREAS, the City of Pasco conducted the Road 68 Corridor Study with
recommendations for traffic congestion mitigation, safety improvements and access management
within the limits of the Study, which was endorsed by City Council on July 16, 2012 by
Resolution No. 3412; and
WHEREAS, the property owner of Sandifer Plaza Retail Center requested that left-turn
access be provided in order to assist new businesses in establishing clientele; and
WHEREAS, the City of Pasco has determined that allowing temporary left-turn access
from Road 68 to Sandifur Plaza Retail Center is reasonable subject to conditions providing for
immediate closure as safety, traffic operations, or other conditions change; NOW
THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO
RESOLVE AS FOLLOWS:
Section 1. That the City Council concurs with the City Engineer's recommendation and
hereby amends Resolution No. 3412 to grant temporary left-turn access from Road 68 to the
Sandifer Plaza Retail Center with the following conditions and limitations:
A) The City may revoke this permission and restrict left-turn movements into the
site driveway, at any time, upon notice when, within the City's sole discretion
a hazard exists upon finding:
• Accident or risk events occur or other operational factors lead the City to
conclude that the left-turn movement poses a safety hazard or operational
burden; or
• The completion of an alternative access route between the subject
property's shared access with Les Schwab and Road 76 to the west
(Savary Drive Extension).
B) The City will consider the following threshold triggers in monitoring
intersection safety and operations and shall close the interim left-turn access if
one or more of the following conditions occur:
• Northbound left-turn queues on Road 68 at Sandifur Parkway exceed 160
feet for more than three(3) signal cycles per hour.
• Northbound left-turn queues turning into the subject driveway queuing
into Road 68 northbound through-traffic.
• One or more documented crashes involving northbound Road 68 through-
movement vehicles and northbound left-turn movements at either the site
driveway or the Sandifer Parkway intersection.
• One or more documented accidents involving northbound left-turn traffic at
the site driveway and southbound through traffic on Road 68.
Section 2. That the City Manager or his designee shall implement the conditional
authority set forth herinabove.
PASSED by the City Council of the City of Pasco this 29°i day of July, 2013.
Matt Watkins
Mayor
ATTEST: APPROVED AS TO FORM:
Debra L. Clark Leland B. Kerr
City Clerk City Attorney
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AGENDA REPORT
FOR: City Council July 15, 2013
TO: Gary Crutchfi Manager Workshop Mtg.: 7/22/13
Regular Mtg.: 7/29/13
FROM: Stan Strebel, Deputy City Manager
SUBJECT: November Ballot Initiatives
I. REFERENCE(S):
1. Certificates from County Auditor
2. Proposed Resolution—Reduction of City Limits
3. Proposed Resolution—Change Plan of Government
II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS:
7/22: Discussion
7/29: MOTION#1: I move to approve Resolution No. requesting the
Franklin County Auditor to place a question for "Reduction of
Pasco City Limits" on the November 5, 2013 election, as
sought by citizen petition, and providing ballot title.
MOTION #2: I move to approve Resolution No. , requesting the
Franklin County Auditor to place a question for a change in the
Plan of Government for the City of Pasco on the November 5,
2013 election, as sought by citizen petition, and providing
ballot title.
III. FISCAL IMPACT:
IV. HISTORY AND FACTS BRIEF:
A) Washington law provides that certain petitions, containing at least 10% of the
voters casting ballots in the last municipal election, qualify for placement on the
ballot.
B) On June 28, the Franklin County Auditor provided certification for two measures
for the November election. The first measure provides for reduction of the City
limits; reversing annexation of Area 2, which was effective January 2013 and the
Road 76 and Court Street annexation, effective May 2009. The second measure
provides for changing the form of City government from Council-Manager to
Mayor-Council.
C) As the two initiatives are certified by the County Auditor as qualified for the
ballot, the City Council must provide a Resolution for each, which requests
placement on the ballot to the Auditor.
V. DISCUSSION:
A) Staff and the City Attorney have prepared the proposed resolutions, pursuant to
state law.
4(c)
IN C,,( FA RAN KLiN COUN Y A3Ji ITOR
1j Mall Beaton' Auditor
ICI •f { 1G1--<
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CERTIFICATE OF PETITION SUFFICIENCY
I, Mau Beaton, Franklin County Auditor, hereby find that the petition entitled Petition by
Registered Voters of City of Pasco for Reduction of City Limits and originally transmitted
to the Office of dhc Franklin County Auditor by,Jan Tomlinson of Pasco, Washington on
June 21, 2013, is signed by qualified electors resident in die territory described by die
petition; and dicrelore, this day certily sufficiency of this petition.
WITNESS MY HAND AND OFFICIAL SEAL this 28st day ofJune, 2013.
MAUI BEATON,Kranklin County Auditor
And Ex-Officio Supervisor of Elections in and for
Franklin County, Washington
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1016 NOF111 4"' A VC[hle * P.O. Box 1451 * Pasco, W A 99301 (509)545-3536 tax (509) 543-2995
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FRANKLIN COUNTY AUMTOR
ll'latt Beaton, A(tditur
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CERTIFICATE OF PETITION SUFFICIENCY
1, Matt Beaton, Franklin County Auditor, hereby find that the petition entitled Petition by
Rcaistcred Voters of City of Pasco for Change in Plan of Government and originally
transmitted to the Office of die Franklin County Auditor by Jan Tomlinson of Pasco,
Washington on June 21, 2013, is signed by qualified electors resident in the territory
described by the petition; and dierel'rc, this day certify sufficiency of this petition.
WITNI?.SS MY IIAND AND OFFICIAI.SEAL this 28st (lay o1june, 2013.
MA'-r BEATON, Franklin County Auditor
And Ex-Officio Supervisor of Elections in and for
Franklin County,Washington
G..
1016 North 4°i Avenue * P.O. Box 1451* Pasco, WA 99301 * (509) 545-3536 * fax (509) 543-2995
www.co.franklin.wams
RESOLUTION NO.
A RESOLUTION of the City of Pasco, Washington, providing for the
submission of a proposition to the qualified voters of the City of Pasco on a
question for"Reduction of City Limits."
WHEREAS, On June 21, 2013, a petition was filed with the Franklin County Auditor
requesting removal from the City of Pasco of certain territory recently annexed to the City of
Pasco, and more particularly described within the petition which is attached hereto as Exhibit
No. 1; and
WHEREAS, on June 28, 2013, the Franklin County Auditor determined the sufficiency
of the signatures of registered voters sufficient per RCW 35A16.010 of not less than ten percent
(10%) of the number of votes cast at the last general municipal election; and
WHEREAS, pursuant to RCW 35A.16.010, the City Council of the City of Pasco shall
cause such question to be presented to the voters of the City of Pasco; and
WHEREAS, in compliance with State law, the City Council of the City of Pasco, does
by this Resolution submit by appropriate ballot title, the question of Reduction of City Limits
before the people. NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO
RESOLVE AS FOLLOWS:
Section 1. The Franklin County Auditor is hereby requested to conduct an election
within the City of Pasco, Washington, on Tuesday, November 5, 2013, for the purpose of
submitting to the qualified voters of the City of Pasco, Washington, for their approval or
rejection, a proposition for the removal of certain territory from the City limits of the City of
Pasco, as described within the petition.
Section 2. The proposition to be submitted to the voters of the City of Pasco,
Washington, shall read substantially as follows:
PROPOSITION NO. 1
CITY OF PASCO REDUCTION OF CITY LIMITS
A CITIZENS' PETITION WAS FILED WITH THE FRANKLIN COUNTY AUDITOR
FOR PLACEMENT ON THE BALLOT, CONCERNING THE REMOVAL OF TWO
AREAS FROM THE PASCO CITY LIMITS.
THE PETITION DESCRIBES TWO PORTIONS OF THE PASCO URBAN GROWTH
AREA, SEEKING THEIR REMOVAL FROM THE CITY. FIRST IS AN AREA
ABOUT 41 ACRES AND 41 POPULATION, IN THE VICINITY OF ROAD 76 AND
COURT STREET ANNEXED TO PASCO IN 2009. SECOND IS AN AREA ABOUT
608 ACRES AND 1450 POPULATION, GENERALLY LYING BETWEEN ROAD 52
Resolution on Proposition 1
Page 1
AND ROAD 68, SOUTH OF THE FCID CANAL AND NORTH OF SYLVESTER
STREET ANNEXED TO PASCO IN 2012.
SHALL THIS PROPOSITION BE:
APPROVED
REJECTED
Section 3. The City Council of the City of Pasco hereby directs the City Clerk to
provide a certified copy of this Resolution to the Franklin County Auditor for the calling of a
special local election pursuant to RCW 29A.04.321 to be held on November 5, 2013.
Section 4. The Franklin County Auditor is hereby requested, consistent with the
statutory requirements, to cause the proposition identified above to be on the November 5, 2013,
ballot; conduct the election; canvas the votes; and certify the results.
PASSED by the City Council of the City of Pasco, Washington, as its regular meeting
dated this day of July, 2013.
Matt Watkins, Mayor
ATTEST: APPROVED AS TO FORM:
Debra L. Clark, City Clerk Leland B. Kerr, City Attorney
Resolution on Proposition 1
Page 2
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RESOLUTION NO.
A RESOLUTION of the City of Pasco, Washington, providing for the
submission of a proposition to the qualified voters of the City of Pasco,
Washington, to change from the current Council-Manager plan of government to
a Mayor-Council plan of government.
WHEREAS, a petition expressing support for the holding of an election so the voters of
the City of Pasco, Washington, can decide whether to change from the current Council-Manager
plan of government to the Mayor-Council plan of government was filed with the Franklin
County Auditor on June 21, 2013; and
WHEREAS, RCW 35A.06.030-040 provides that upon the receipt of a petition signed
by registered voters the number equal to not less than ten percent (10%) of the votes cast at the
last general municipal election proposing abandonment by the City of the plan of government
under which it has been operating, and the adoption of another plan, and the sufficiency of such
petition having been determined by the Franklin County Auditor, the proposal shall be voted
upon by the citizens of the City of Pasco; and
WHEREAS, in compliance with these statutes, the City Council of the City of Pasco,
Washington, does by this Resolution petition for the Franklin County Auditor to place this
proposition before the voters of the City of Pasco on the November 5, 2013, ballot. NOW,
THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO
RESOLVE AS FOLLOWS:
Section 1. A special election is hereby requested of the Franklin County Auditor to
be conducted within the City of Pasco, Washington, on Tuesday, November 5, 2013, for the
purpose of submitting to the qualified voters of the City of Pasco, Washington, for their approval
or rejection, a proposition to change the form of government from the existing Council-Manager
plan of government to a Mayor-Council plan of government.
Section 2. The proposition to be submitted to the voters of the City of Pasco,
Washington, shall read substantially as follows:
PROPOSITION NO. 2
CITY OF PASCO CHANGE OF FORM OF GOVERNMENT
A CITIZENS' PETITION WAS FILED WITH THE FRANKLIN COUNTY
AUDITOR FOR PLACEMENT ON THE BALLOT, CONCERNING A
CHANGE IN THE FORM OF GOVERNMENT FOR THE CITY.
THE PETITION PROPOSES THAT PASCO ABANDON ITS EXISTING
COUNCIL-MANAGER PLAN OF GOVERNMENT, WHEREBY THE CITY IS
ADMINISTERED BY A PROFESSIONAL CITY MANAGER WHO IS
Resolution Proposition 2
Page 1
APPOINTED AND REMOVED BY THE ELECTED CITY COUNCIL, AND
ADOPT A MAYOR-COUNCIL PLAN OF GOVERNMENT, WHEREBY THE
CITY IS ADMINISTERED BY A CITIZEN ELECTED AS MAYOR BY THE
VOTERS FOR FOUR-YEAR TERMS.
SHALL THIS PROPOSITION BE:
ACCEPTED
REJECTED
Section 3. The City Council of the City of Pasco, Washington, hereby directs the
City Clerk to provide a certified copy of this Resolution to the Franklin County Auditor for the
calling of a special local election pursuant to RCW 29A.04.321 to be held on November 5, 2013.
Section 4. The Franklin County Auditor is hereby requested, consistent with the
statutory requirements, to cause the proposition identified above to be on the November 5, 2013,
ballot; conduct the election; canvas the votes; and certify the results.
PASSED by the City Council of the City of Pasco, Washington, as its regular meeting
dated this 29th day of July, 2013.
Matt Watkins, Mayor
ATTEST: APPROVED AS TO FORM:
Debra L. Clark, City Clerk Leland B. Kerr, City Attorney
Resolution—Proposition 2
Page 2
AGENDA REPORT
FOR: City Council July 19,2013
TO: Gary Crutchfie , Manager Workshop Mtg.: 7/22/13
Regular Mtg.: 7/29/13
FROM: Stan Strebel, D uty City Manager
SUBJECT: Pro/Con Committee Appointments for November Ballot Measures
I. REFERENCE(S):
1. Committee Applications (Council packets only)
2. Proposed Resolution
3. Franklin County Pro and Con Committee Appointment Form
II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS:
7/22: Discussion
7/29: MOTION: I move to approve Resolution No. providing for
appointments to the pro and con committees for ballot measures on
the November election.
III. FISCAL IMPACT:
N/A
IV. HISTORY AND FACTS BRIEF:
A) Washington law provides that certain petitions, containing at least 10% of the
voters casting ballots in the last prior municipal election, qualify for placement on
the ballot.
B) Pursuant to petitions filed with and certified by the Franklin County Auditor, the
Council will need to adopt resolutions placing two ballot measures on the
November 5 General Election Ballot.
C) Following auditor certification, staff provided for publication of an invitation for
citizens, interested in serving on a committee either in favor or opposed to either
of the ballot measures, to submit written application.
• Applications received for Change in Form of Government:
Pro: Carol Bettencourt; Roger Bettencourt, Judy Dunbar (non-resident);
Roger Leak(non-resident); Mark Macfarlan and E. Frank Votaw
Con: Michael Miller; Jan Tidrick and Matt Watkins
• Applications received for Reduction of City Limits:
Pro: Carol Bettencourt; Roger Bettencourt; Judy Dunbar (non-resident);
Roger Lenk (non-resident); Mark Macfarlan; Jan Tomlinson and E.
Frank Votaw
Con: Len Harms; Jeff Hendler; Michael Miller; Curt Rabideau and Jan
Tidrick
D) The Council may appoint up to three persons to serve on each committee for each
measure.
V. DISCUSSION:
A) Following a decision on committee members, completion and adoption of the
attached Resolution would be in order. 4(d
RESOLUTION NO.
A Resolution of the City Council of the City of Pasco, Washington,providing
for appointment of Pro and Con Committees for Propositions for the November 5,
2013 Election.
WHEREAS, the City Council has approved Resolution No. and Resolution No.
requesting the Franklin County Auditor to place propositions, as sought by citizens' petitions,
on the November 5 election ballot; and
WHEREAS, RCW 29A.32.280 requires the legislative authority for any jurisdiction placing
an issue on the ballot, to provide for the appointment of committees, both known to oppose and
support such issue, for the express purpose of authorizing position statements for the published
voters' election guide; and
WHEREAS, the City Council desires to provide for the committee appointments pursuant to
law; NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DOES
RESOLVE AS FOLLOWS:
Section 1. That the City Council does hereby appoint the following persons to the pro and
con committees regarding Resolution No. Proposition 1 -Reduction of City Limits:
Pro Committee Con Committee
Section 2. That the City Council does hereby appoint the following persons to the pro and
con committees regarding Resolution No. Proposition 2 -Change in Plan of Government:
Pro Committee Con Committee
Section 3. A copy of this resolution, including completed pro and con committee
appointment forms, shall be provided to the Franklin County Auditor by the City Clerk, upon
passage.
PASSED by the City Council of the City of Pasco, Washington, at its regular meeting this
29th day of July, 2013.
Matt Watkins,Mayor
Attest Approved as to Form:
Debra Clark, City Clerk Leland B. Kerr, Attorney
Franklin County • . pamphlet
pro and con committee appointment form
This form is be completed by the jurisdiction administrator.The completed form must be submitted to Franklin County Elections by
the appropriate deadline.Note:an email or fax number is required for the committee spokesperson.
If you have any questions please contact Elections at 509-545-3538 or email us at elections @co.franklin.wa.us.
ballot
measure
information name of jurisdiction/district
name of ballot measure(proposition number or description)
committee Committee advocating approval (pro) Committee advocating rejection (con)
member
information
committee spokesperson committee spokesperson
address address
city,state and zip city,state and zip
email address or fax number email address or fax number
committee spokesperson committee spokesperson
address address
city,state and zip city,state and zip
email address or fax number email address or fax number
committee spokesperson committee spokesperson
address address
city,state and zip city,state and zip
email address or fax number email address or fax number
submitter
information name of person submitting this form title
phone number date
AGENDA REPORT
FOR: City Council July 16, 2013
f
TO: Gary Crutchfie �tyanager Workshop Mtg.: 7/22/13
Special Mtg.: 7/29/13
FROM: Rick White,
Community &Economic Development Director 4d
SUBJECT: Easement Agreement with Deoartment of Natural Resources (RD 68) (MF#
ESMT 2013-002)
I. REFERENCE(S):
1. Vicinity Map
2. Easement Agreement
H. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
7/22: DISCUSSION
7/29: MOTION: I move to approve the Agreement with the Department of
Natural Resources for a public roadway easement adjacent
Road 68, and further, authorize the City Manager to sign
the Agreement.
III. FISCAL IMPACT:
IV. HISTORY AND FACTS BRIEF:
A. The construction of a convenience store and strip mall at the southeast corner of
RD 68 and Chapel Hill Boulevard this past year has resulted in the need for
roadway improvements and public sidewalk along RD 68.
B. Normally, these improvements would be installed by the developer after the
dedication of property to the City for such public improvements. In this instance,
the property containing the new development is owned by the Department of
Natural Resources (DNR). DNR has leased this property to the operators of the
convenience store and strip mall.
C. DNR is precluded from selling lands within their Trust Portfolio without
legislative action. DNR has agreed to provide the City with a perpetual easement
for use of a portion of the property as a public roadway as outlined in Reference
#2.
D. The fee consideration for use of this property as a public roadway easement has
been paid by the lessees of the DNR property.
DISCUSSION:
A. The easement agreement is necessary to memorialize the use of the DNR property
for a public roadway.
B. Once the agreement is fully executed the City will have assurances that use of the
property for roadway purposes is allowed and the lessees will be able to finish the
remaining public improvements along RD 68.
C. Staff recommends approval of the agreement.
4(e)
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When recorded return to:
Department of Natural Resources
Southeast Region
Attn:Matt Fromherz
713 East Bowers Road
Ellensburg,Washington 98926-9301
STATE OF WASHINGTON
DEPARTMENT OF NATURAL RESOURCES
PETER GOLDMARK, Commissioner of Public Lands
ROAD EASEMENT
Grantor(s): State of Washington
Grantee(s):City of Pasco Washington
Legal Description: SE Y.S16,T9N R29E
Assessor's Property Tax Parcel: 117510016
Cross Reference:AFN 1800469
DNR Easement No. 50-089458
This Easement is between City of Pasco, a political subdivision of the State of Washington
herein called "Grantee" and the STATE OF WASHINGTON, acting by and through the
Department of Natural Resources,herein called "State" dated as of
"Effective Date".
Conveyance. State for and in consideration of the terms and conditions specified herein,
hereby grants and conveys to the Grantee a non-exclusive easement in gross for the sole
purpose of construction, operation, use, and maintenance of a public road over and across
portions of Southeast Quarter of Section 16, Township 9 North, Range 29 East more
specifically described on that Record of Survey, recorded in Franklin County, Washington on
May 21, 2013 under Auditor File Number 1800469 and by this reference made a part hereof
(hereinafter Easement Area).
Consideration. The consideration paid by the Grantee to State is as follows: Ten Thousand
One Hundred Ninety Six and NO/100 Dollars ($10,196.00).
Term. The term of this Easement shall be perpetual unless vacated as provided by law.
I of 9 Easement No. 50-089458
Assignment. Neither this Easement, nor any of the rights granted herein, shall be assigned
without prior written consent of State.
Compliance with Laws. Grantee shall, at its own expense, conform to all applicable laws,
regulations,permits,or requirements of any public authority affecting the Easement Area and
the use thereof. Upon request, Grantee shall supply State with copies of permits or orders.
Indemnity. Grantee shall indemnify, defend with counsel acceptable to State, and hold
harmless State, its employees, officers, and agents from any and all liability,damages,
expenses, causes of action, suits, claims, costs, fees(including attorney's fees),penalties,or
judgments, of any nature whatsoever, arising out of the use, occupation, or control of the
Easement Area by Grantee, its contractors, subcontractors, invitees, agents, employees,
licensees, or permittees, including but not limited to the use, storage, generation,processing,
transportation,handling, disposal, release, or threatened release of any hazardous substance or
materials. To the extent that RCW 4.24.115 applies, Grantee shall not be required to
indemnify State from State's sole or concurrent negligence. This indemnification shall survive
the expiration or termination of the Easement. Grantee waives its immunity under Title 51
RCW to the extent required to indemnify State.
Insurance. Before using any of said rights granted herein and at its own expense,the Grantee
shall obtain and keep in force during the term of this Easement and require its contractors,
sub-contractors, or other permittees to obtain while operating on the Easement Area, the
following liability insurance policies, insuring Grantee against liability arising out of its
operations., including use of vehicles. Failure to buy and maintain the required insurance may
result in the termination of the Easement at State's option. The limits of insurance,which may
be increased by State, as deemed necessary, shall not be less than as follows:
(a) Commercial General Liability(CGL) insurance with a limit of not less than
$1,000,000 per each occurrence. If such CGL insurance contains aggregate
limits,the general aggregate limits shall be at least twice the "each occurrence"
limit, and the products-completed operations aggregate limit shall be at least
twice the "each occurrence" limit.
(b) Employer's liability("Stop Gap")insurance, and if necessary, commercial
umbrella liability insurance with limits not less than$1,000,000 each accident
for bodily injury by accident or$1,000,000 each employee for bodily injury by
disease.
(c) Business Auto Policy(BAP) insurance, and if necessary,commercial umbrella
liability insurance with a limit of not less than$1,000,000 per accident,with
such insurance covering liability arising out of"Any Auto". Business auto
coverage shall be written on ISO form CA 00 01, or substitute liability form
providing equivalent coverage. If necessary the policy shall be endorsed to
2 of 9 Easement No. 50-089458
provide contractual liability coverage and cover a"covered pollution cost or
expense"as provided in the 1990 or later versions of CA 00 01. Grantee
waives all rights against State for the recovery of damages to the extent they
are covered by business auto liability or commercial umbrella liability
insurance.
(d) Grantee shall comply with all State of Washington workers' compensation
statutes and regulations. Workers' compensation coverage shall be provided
for all employees of Grantee and employees of any contractors, sub-contractors
or other permittees. Except as prohibited by law, Grantee(s)waives all rights
of subrogation against State for recovery of damages to the extent they are
covered by workers compensation,employer's liability, commercial general
liability or commercial umbrella liability insurance.
All insurance must be purchased on an occurrence basis and should be issued by companies
admitted to do.business within the State of Washington and have a rating of A-or better in the
most recently published edition of Best's Reports. Any exception shall be reviewed and
approved in advance by the Risk Manager for the Department of Natural Resources. If an
insurer is not admitted, all insurance polices and procedures for issuing the insurance policies
must comply with Chapter 48.15 RCW and Chapter 284-15 WAC.
The State of Washington,Department of Natural Resources,its elected and appointed
officials, agents and employees shall be named as an additional insured on all general liability,
excess, and umbrella insurance policies.
Before using any said rights granted herein, Grantee shall furnish State with a certificate(s) of
insurance, executed by a duly authorized representative of each insurer, showing compliance
with the insurance requirements specified above. Certificate(s)must reference State's
easement number.
State shall be provided written notice before cancellation or non-renewal of any insurance
referred to herein, as prescribed in statute (Chapter 48.18 RCW or Chapter 48.15 RCW).
Grantee shall include all contractors, sub-contractors and other permittees as insureds under
all required insurance policies, or shall furnish separate certificates of insurance and
endorsements for each. Contractors, sub-contractors and other permittees must comply with
all insurance requirements stated herein. Failure of contractors, sub-contractors and other
permittees to comply with insurance requirements does not limit Grantee's liability or
responsibility.
All insurance provided in compliance with this Easement shall be primary as to any other
insurance or self-insurance programs afforded to or maintained by State. Grantee waives all
rights against State for recovery of damages to the extent these damages are covered by
3 of 9 Easement No. 50-089458
general liability or umbrella insurance maintained pursuant to this Easement.
By requiring insurance herein, State does not represent that coverage and limits will be
adequate to protect Grantee, and such coverage and limits shall not limit Grantee's liability
under the indemnities and reimbursements granted to State in this Easement.
If Grantee is self-insured, evidence of its status as a self-insured entity shall be provided to
State. If requested by State, Grantee must describe.its financial condition and the self-insured
funding mechanism.
Waste. Grantee shall not cause nor permit any filling activity to occur in or on the Easement
Area, except by prior written approval of State. Grantee shall not deposit refuse, garbage,or
other waste matter not in use, store, generate,process,transport,handle, release, or dispose of
any hazardous substance, or other pollutants in or on the Easement Areas except in
accordance with all applicable laws.
The term hazardous substance means any substance or material as those terms are now or are
hereafter defined or regulated under any federal, state, or local law in including but no limited
to the Comprehensive Environmental Response, Compensation and Liability Act(CERCLA
42 USC et seq.), or the Washington Model Toxic Control Act(MTCA RCW 70.105D.010.).
Grantee shall immediately notify State if the Grantee becomes aware of any release or
threatened release of hazardous substance on the Easement Area or adjoining the Easement
Area. If the release of hazardous substance occurs in, on,under, or above the Easement Area
arising out of any action of the Grantee, its contractors, subcontractors,invitees, agents,
employees, licenses, or permittees, the Grantee shall, at its sole expense,promptly take all
actions necessary or advisable to clean up, contain, and remove the hazardous substance in
accordance with applicable laws.
Any cleanup shall be performed in a manner approved in advance in writing by State, except
in emergency situations Grantee may take reasonable and appropriate actions without advance
approval.
Survey Markers. Grantee shall not destroy any land survey corner monuments and/or
reference points (including but not limited to corner markers, witness objects, or line markers)
without prior written approval from State,which shall not be unreasonably withheld.
Monuments or reference points that must necessarily be disturbed or destroyed during road
construction or maintenance activities must be adequately referenced and replaced, at the
Grantee's cost, under the direction of State of Washington Professional Land Surveyor, in
accordance with all applicable laws of the State of Washington in force at the time of
construction, including but not limited to RCW 58.24, and all Department of Natural
Resources regulations pertaining to preservation of such monuments and reference points.
4 of 9 Easement No. 50-089458
Construction/Reconstruction. Sixty(60)days prior to any construction or reconstruction by
Grantee on the Easement Area, Grantee shall submit a written plan of construction to State
outlining the construction or activity for State's approval,which shall not be unreasonably
withheld. In the event of an emergency requiring immediate action to protect person or
property, Grantee may take reasonable corrective action without prior notice to State. All
construction or reconstruction shall comply with applicable state or local laws.
Maintenance,Repair, and Improvements. Grantee shall have sole responsibility for the
maintenance, repair and improvement of the road to applicable road standards.
Weed Control/Pesticides. The Grantee shall control at its own cost, all noxious weeds on
any portion of the Easement Area herein granted. Such weed control shall comply with
county noxious weed control board rules and regulations established under the Uniform
Noxious Weed Control Statute (Chapter 17.10 RCW). The Grantee shall be responsible for,
or shall immediately reimburse State any weed control cost incurred as a result of the
Grantee's failure to control weeds on the Easement Area.
The aerial application of pesticides is not permitted.
Notice. Any notices or submittals required or permitted under this Easement may be
delivered personally, sent by facsimile machine or mailed first class,return receipt requested,
to the following addresses or to such other place as the parties hereafter direct. Notice will be
deemed given upon delivery, confirmation of facsimile, or three days after being mailed,
whichever is applicable.
To State:
DEPARTMENT OF NATURAL RESOURCES
Atm. Rodney Rennie, Product Sales and Leasing Division
1111 Washington Street SE
PO Box 47014
Olympia WA 98504-7014
To Grantee:
City of Pasco, Washington
525 North Third Avenue
Pasco, Washington, 99301
Recording. Grantee shall record this Easement in the county in which the Easement Property
is located, at Grantee's sole expense. Grantee shall provide State with a copy of the recorded
Easement. Grantee shall have thirty(30) days from the date of delivery of the final executed
5 of 9 Easement No. 50-089458
agreement to comply with the requirements of this section. If Grantee fails to record this
Easement, State may record it and Grantee shall pay the costs of recording, including interest,
upon State's demand.
Abandonment. In the event any portion of the road is abandoned,the Grantee shall take the
necessary legal action to vacate such portions and shall immediately restore the land within all
vacated portions to natural conditions as may be directed by State. In restoring the land, all
asphalt shall be removed from the vacated portion; the asphalt shall not be deposited on the
adjacent State land. In addition,the land surface shall be scarified to blend with the adjoining
landscape.
Noncompliance. State shall notify the Grantee of any instance of noncompliance by the
Grantee, its contractors, subcontractors, invitees, agents, employees, licensees,or permittees
with any of the terms and conditions hereof. Such notice will specifically identify the manner
of noncompliance herewith.
In the event the Grantee does not undertake, or cause to be undertaken, remedial action within
forty five(45) days following receipt of said notice, State, acting by and through its Region
Manager at Ellensburg, Washington, may suspend the Grantee's operations until such time as
effective remedial action is taken.
Construction. The terms of this Easement shall be given their ordinary meaning unless
defined herein and shall not be presumed construed against the drafter.
Effective Date. The Effective Date of this Easement shall be the date on which the last party
executes this Easement. The Effective Date will be inserted on the first page of the Easement
when such date is determined.
Exhibits. All exhibits referenced in this Easement are incorporated as part of the Easement.
Headings. The headings in this Easement are for convenience only and are not intended to,
and shall not be construed to, limit, enlarge, or affect the scope or intent of this Easement nor
the meaning of any of its provisions.
Modification. Any modification of the Easement must be in writing and signed by the
parties. State shall not be bound by any oral representations or statements.
Non-waiver. The waiver by State of any breach or the failure of State to require strict
compliance with any term herein shall not be deemed a waiver of any subsequent breach.
Severability. If any provision of this Easement shall be held invalid, it shall not affect the
validity of any other provision herein.
6 of 9 Easement No.50-089458
IN WITNESS WHEREOF,the parties hereto have executed this instrument,in duplicate, as
of the day and year first above written.
CITY MANAGER
CITY OF PASCO WASHINGTON
Dated: 20_ By:
GARY CRUTCHFIELD
525 North Third Avenue
Pasco, Washington, 99301
(509) 545-3404
STATE OF WASHINGTON
DEPARTMENT OF NATURAL RESOURCES
Dated: 120—. By:
PETER GOLDMARK
Commissioner of Public Lands
P.O. Box 7000
1111 Washington Street SE
Olympia WA 98504-7000
Affix the Seal of the Commissioner of Public Lands
Approved as to form
October 18,2002
by Mike Rollinger
Assistant Attorney General
for the State of Washington
7 of 9 Easement No. 50-089458
REPRESENTATIVE ACKNOWLEDGMENT
State of Washington
County of
I certify that I know or have satisfactory evidence that is
the individual who appeared before me, and said individual acknowledged that they signed
this instrument, on oath stated that they were authorized to execute the instrument and
acknowledged it as the City Manager of Pasco Washington to be the free and voluntary act of
such party for the uses and purposes mentioned in the instrument.
Dated:
(Signature)
(Sea] or stamp)
(Print Name)
Notary Public in and for the State of Washington,
residing at
My appointment expires
8 of 9 Easement No.50-089458
STATE ACKNOWLEDGMENT
State of Washington
County of Thurston
I certify that I know or have satisfactory evidence that PETER GOLDMARK is the person
who appeared before me, and said person acknowledged that he signed this instrument, on
oath stated that he was authorized to execute the instrument and acknowledged it as the
Commissioner of Public Lands, and administrator of the Department of Natural Resources of
the State of Washington to be the free and voluntary act of such party for the uses and
purposes mentioned in the instrument.
Dated:
(Signature)
(Seal or stamp)
(Print Name)
Notary Public in and for the State of Washington,
residing at
My appointment expires
9 of 9 Easement No.50-089458
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AGENDA REPORT
FOR: City Council ` July 10,2013
TO: Gary Crutclif�e anager Workshop Mtg.: 7/22/13
Rick White, n 1 Special Mtg.: 7/29/13
Community& onomic Development Director �J
FROM: Jeffrey B. Adams,Associate Planner
SUBJECT: Shoreline Master Program Request for Proposals(MF#PLAN 2013-001)
I. REFERENCE(S):
1. Department of Ecology(DOE)Agreement.
II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS:
7122: DISCUSSION:
7/29: MOTION: I move to approve the agreement with the Washington State
Department of Ecology providing grant funding to update the
City's Shoreline Master Program, and further authorize the
City Manager to sign the agreement.
I1I. FISCAL IMPACT:
Receipt of up to $125,000 for expenses incurred.
IV. HISTORY AND FACTS BRIEF:
A. The Shoreline Management Act (SMA) requires local governments to review/update
their Shoreline Master Programs (SMPs) every eight years. The City of Pasco is
scheduled to update its SMP within two years after State funding is made available and
the grant agreement is approved by Department of Ecology (DOE). Recent approval
of the State budget includes funding for SMP updates. RCW 90.58.080(8) also
provides for a 1-year extension if DOE"determines that the local government is likely to
adopt or amend its master program within the additional year." Thus, if the grant
agreement is approved by DOE on July 30, 2013 the extended deadline for completion
of the update is July 30, 2016.
B. The overarching goal of the SMA is to prevent harm from uncoordinated or piecemeal
development along the state's shorelines and to maintain consistency with State laws and
the City's Comprehensive Plan and development regulations. The SMA has three basic
policies as outlined in RCW 90.58.020, and SMP updates and amendments must be
consistent with these three policies:
1. Protect the environmental resources of state shorelines.
2. Promote public access and enjoyment opportunities.
3. Give priority to uses that require a shoreline location.
V. DISCUSSION
A. For the first biennium (FY 7/1/13 — 6/30/15) funding will be available up to $100,000;
final year funding (FY 7/1/15—6/30/16) would be for $25,000 for a total of$125,000. It
must be noted that in year 3 (7/15-6/16) funding has typically been made available as an
amendment to the grant agreement and is subject to legislative appropriation.
4(fi)
B. The funds will be used to contract with a consultant with SMP experience and expertise
and to reimburse Planning Division costs for staff resources used for the update.
C. A consultant will be sought by posting a request for proposals. The proposals received
will be evaluated on a standardized evaluation matrix comparing professional
qualifications, approach, project understanding, and expected cost compared to the
available budget.
D. Staff anticipates bringing a consultant contract document to Council for consideration by
October of this year.
SMA Grant Agreement No. G1200_
between the
State of Washington Department of Ecology
and the
City of Pasco
Project: Comprehensive Shoreline Master Program Update
THIS is a binding agreement entered into by and between the State of Washington, Department of
Ecology, (PO Box 47600, Olympia, Washington, 98504-7600) hereinafter referred to as the
"DEPARTMENT" or as "ECOLOGY" and the City of Pasco, hereinafter referred to as the "RECIPIENT
to carry out activities described herein, and as authorized by the Washington State Legislature under
Chapter 173-26 of the Washington Administrative Code (WAC) for shoreline implementation.
RECIPIENT Name: City of Pasco
Department: Community & Economic Development
Address: 525 N 3rd Ave Pasco WA 99301
RECIPIENT Project Coordinator: Jeffrey B. Adams
Telephone Number: (509) 545-3441
E-mail address: adamsi(oDgasco-wa.gov
Fiscal Contact for RECIPIENT: Dunyele Mason
Telephone Number: (509) 544-3065
E-mail Address: masond(a)pasco-wa.gov
Payee on Warrant: City of Pasco
Address: 525 N 3rd Ave Pasco WA 99301
Project Officer for the Department: Jaime Short
SEA/Washington State Department of Ecology
Eastern Regional Office
4601 N Monroe
Spokane, WA 99205-1295
Telephone Number: (509) 329-3411
E-mail address: Isho461(�ecv.wa.gov
The source of funds provided by ECOLOGY are from the 2011-13 Washington State Legislature under
Engrossed Substitute House Bill 1087, §302 for Shoreline Implementation and/or the Local Toxics
Control Account.*
Maximum Grant Amount, Fiscal Years 1 & 2 (7/1/13-6/30/15): $ 100,000
Maximum Grant Amount, Fiscal Year 3 (7/1/15—6/30/16)': $25,000
Total Grant Amount: $125,000
State Maximum Cost Share Rate overall three years: 100% UP TO a maximum of$125,000
The effective date of this agreement is from July 1, 2013 to June 30, 2016."`
`Year 3 funding is subject to legislative appropriation in Fiscal Year 2015-16 and will be released to
the Recipient via formal amendment.
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SMA Grant Agreement No. G1200
between the Washington State Department of Ecology and the
City of Pasco
General Note
This Standard Scope of Work is presented in three one-year increments that correspond to the steps
needed to prepare a locally adopted comprehensive Shoreline Master Program update. The planning
tasks in this scope of work correspond to the phases in Figure 1: Shoreline Master Program Planning
Process. "Tasks"A, B, and C are common to all phases of the scope of work and are conducted
throughout the update process; whereas "phases" are sequent specific work programs.
• Year 1 includes the tasks addressed in SMP update Phases 1 & 2.
• Year 2 addresses the tasks in Phase 3.
• Year 3 completes the tasks contained in Phases 4 and 5.
Some of the tasks included in this scope of work will overlap in time and may be completed
simultaneously with other tasks. Some tasks are iterative (e.g., analyzing cumulative impacts,
developing regulations) and may involve various steps conducted at different times in the process
before they are completed.
Project Deliverables
The Recipient shall perform the following tasks with deliverables sent to Ecology's Project Officer,
indicated on Page 1 of this agreement. Select deliverables will require a draft submittal as well as a
final submittal. All deliverables per the scope of work below will be in Microsoft Word format, include
accompanying maps as applicable and submitted in one (1) digital and one (1) hard copy version
unless otherwise specified and with the following exceptions:
• Final SMP: 1 digital and 2 hard copies.
• Quarterly Progress Reports and Payment Requests: one hard copy each to be submitted
with original signatures in blue ink, due October 20, January 20, April 20, and July 20 for each
quarter until SMP adoption.
Scope of Work
Project Description:
The Recipient will complete an update of the Shoreline Master Program (SMP)that is developed
and adopted in a manner consistent with the procedural and substantive requirements of the
Shoreline Management Act(SMA) and its implementing rules, including the Shoreline Master
Program Guidelines (Guidelines). The SMP update process includes completion of inventory and
analysis reports with corresponding maps and illustrations that characterize shoreline ecological
conditions; development of shoreline policies, environment designations, and use regulations; as
well as analysis of cumulative impacts and uses, preparation of a shoreline restoration plan and a
formal local adoption process. The Recipient will incorporate public participation in all phases of the
SMP update. The Recipient may use consultant support as appropriate.
Work Program: The Recipient shall perform the following tasks and phases:
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SMA Grant Agreement No. G1200
between the Washington State Department of Ecology and the
City of Pasco
Tasks Common to All Phases 1 - 5
Task A: Coordination
Coordinate throughout the SMP update process with Ecology and other applicable state agencies,
neighboring jurisdictions, and Indian tribes as provided in the Guidelines and SMA procedural rules.
In addition, consult with all other appropriate entities which may have useful scientific, technical, or
cultural information, including federal agencies, watershed management planning units, salmon
recovery lead entities, universities and other institutions, local individual outdoor recreationists and
conservationists, and organizations with special expertise representing these interests.
Coordinate with adjacent jurisdictions that share areas within shoreline jurisdiction (for example,
jurisdictions on the same lake or stream)for the purpose of efficiently using grant funds; sharing
information and methods of analysis; drafting compatible SMP policies, regulations, environment
designations; and coordinating public involvement.
Attend Ecology-sponsored coordination meetings, which occur on a regular basis, for the duration of
the project. Provide Ecology opportunities for review of draft deliverables at appropriate intervals.
When requested, the recipient shall include a written response to Ecology's comments on draft
deliverables.
Ecology will provide ongoing technical assistance on data sources and approaches, and will
evaluate consistency of deliverables with the Shoreline Management Act and applicable guidelines
throughout the update process.
Deliverables:
1. Documentation of contacts in quarterly progress reports
Dates Due: October 20, January 20, April 20, and July 20 each year for three years
until SMP adoption.
2. Written responses to Ecology's comments on draft deliverables, when requested. (May
be provided in email format.)
Date Due. Following receipt of Ecology's comments.
Task B: Secure qualified consultant services and Interlocal Agreements
B.1: Secure qualified consultant services: The Recipient must prepare a detailed scope of
work for consultant services consistent with the grant scope of work and enter into a
contract with the selected consultant.
Deliverable: Final executed consulting contract,
Date Due: November 30, 2013
Task C: Implement Public Participation Plan
Throughout Phases 1 through 5 of the SMP update process, the RECIPIENT shall
inform and involve the public in updating the SMP consistent with the objectives of the
Shoreline Management Act(see RCW 90.58.130) and WAC 173-26. Public
participation should actively engage all shoreline users and should include establishing
local citizen and technical advisory committees, sharing information at open houses
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City of Pasco
and workshops, conducting user surveys, and maintaining an interactive world wide
web site. Public participation shall continue through the formal public hearing and
local SMP adoption process.
Deliverable: Documentation of public participation in quarterly progress reports.
Dates Due: January 20, April 20, July 20 and October 20 each year for three years until
SMP adoption.
Phased Work 1 - 5
The Recipient shall prepare a complete, locally approved Draft SMP by completing Phases
1 through 5 described below and in the Shoreline Master Program Planning Process:
http://www.ecy.wa.goylpro,gramslsea/grantslsmplpdf/SMP Planning Process.pdf
Year 1
PHASE 1: Preliminary Assessment of Shoreline Jurisdiction and Public
Participation Plan
Task 1.1: Identify preliminary shoreline jurisdiction
Identify the preliminary geographic scope for the comprehensive SMP update project. Use available
information to map required and optional Shorelines of the State as defined by statute and rule in
order to identify the initial area under SMA shoreline jurisdiction. The shoreline jurisdiction area will be
refined during later tasks. The preliminary jurisdiction mapping will include
• Statutory minimum areas consisting of the following Shorelines, Shorelines of Statewide
Significance and Shorelands (per RCW 90.58.030(2)). This includes national forests and
other federal or tribal areas that are not under sole jurisdiction of the federal government or
tribes.
➢ Rivers and streams with mean annual flow over 20 cubic feet per second.
➢ Lakes and reservoirs exceeding 20 acres.
➢ Associated wetlands of these areas.
➢ Lands extending landward 200 feet from the ordinary high water mark, floodways and
floodplain areas landward 200 feet from the ordinary high water mark.
Optional areas to be considered for inclusion in the SMP:
• Floodplains: All or part of the floodplain landward of the 200-foot mark from the floodway (per
RCW 90.58.030(2)(f)(i)).
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• Buffers: Buffers necessary for the protection of Critical Areas as defined in Growth
Management Act regulations (per RCW 90.58.030(2)(f)(ii)).
• Future annexation areas: For cities, SMPs may include Shoreline Environment
predesignation within designated unincorporated Urban Growth Areas.
Contact the Ecology project officer for the most recent maps of stream segments meeting the 20
cfs threshold and other available information. If federal or tribal areas are proposed for exclusion,
provide documentation that the area is under sole jurisdiction which precludes application of
local and state authorities.
Deliverable: Preliminary jurisdiction map (digital) of Shorelines of the State subject to local SMP
Date Due: 3-20-2014
Task 1.2: Prepare plan for public participation
Throughout Phases 1 through 5 of the SMP update planning process, inform and involve the public
in updating the SMP consistent with the Shoreline Management Act (see RCW 90.58.130) and WAC
173-26. Prepare a public participation plan that identifies specific objectives, outreach strategies,
key parties (Planning Commission and elected officials, shoreline property owners, state agencies,
Tribes, local residents, neighboring jurisdictions, etc.), and establishes timelines for public
participation activities. Engage all parties early and continuously in the update process, particularly
those relevant individual recreationists and conservationists or organizations that may not typically
seek involvement in new shoreline regulations. Documenting all public outreach and public events
related to SMP development is required.
Ecology recommends that the public participation process be coordinated by a designated facilitator
(with responsibilities distinct from the local planner managing the update effort).
Deliverables:
1. Public participation plan (digital copy).
2. Public participation updates in quarterly progress reports.
Date Due: 3-20-2014
Task 1.3: Demonstrate how Phase 1 complies with the Guidelines
Fill in SMP Submittal Checklist for the tasks that you have completed under Phase 1.
Deliverables: An SMP Submittal Checklist completed as relevant to task.
Date Due: 3-20-2014
PHASE 2: Shoreline Inventory, Analysis & Characterization
Task 2.1: Conduct shoreline inventory
Compile all pertinent and reasonably available data, plans, studies, inventories, maps and other
applicable information. Collect the following information to the extent that such information is
relevant and reasonably obtainable:
• Shorelines of the State (all marine shorelines, streams >20 cfs mean annual flow, lakes >20
acres, and shorelands) as defined in RCW 90.58.030, located in the Recipient's jurisdiction.
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• General location of channel migration zones, floodplains, and the floodway.
• Critical areas, including wetlands, aquifer recharge areas, fish and wildlife conservation
areas, geologically hazardous areas, and frequently flooded areas, as defined in RCW
36.70A, the Growth Management Act.
• Shoreline and adjacent land use patterns/density and transportation and utility facilities,
including the extent of existing structures, impervious surfaces, vegetation and shoreline
modifications within shoreline jurisdiction. Platted lots including undeveloped lots (except
those not developable under local subdivision ordinance).
• Degraded areas and sites with potential for ecological restoration.
• Areas of special interest, such as priority habitats, rapidly developing waterfronts, previously
identified toxic or hazardous material clean-up sites, and eroding shorelines.
• Existing and potential shoreline public access sites, including public rights-of-way and utility
corridors. The inventory will include descriptions of recorded public access easements, their
prescribed use, maintenance and terms.
• Historical aerial photographs documenting past conditions to assist in preparing an analysis
of cumulative impacts of development.
• Archaeological and historic resources in shoreline jurisdiction.
• Policies and regulations in shoreland and adjacent areas that affect shorelines, such as
surface water management and land use plans and regulations (Critical Areas Ordinance,
flood ordinance, etc.).
Deliverables:
1. Draft list of inventory data sources for review and comment.
2. Digital and one hard copy: working maps of inventory information displayed at
appropriate scales.
Date Due: 7-20-2014
(Note: Please provide Ecology with sufficient time, approximately 30 days, to review and comment
on the draft inventory data sources list and working maps.)
Task 2.2: Conduct shoreline analysis
Conducting the shoreline analysis will result in a shoreline characterization report. The report will
define the ecological functions of the shorelines in your jurisdiction, identify shoreline management
challenges, and present recommendations for protection and restoration of shoreline functions.
(Please see description of this report in Task 2.3.)
Conduct an analysis of the inventory information and data collected in Task 2.1 as it relates to
development of an effective SMP. Develop a characterization of the ecosystem processes and
shoreline functions. Identify opportunities for shoreline protection and restoration. Identify current
and potential public access sites. Conduct a shoreline use analysis. Identify measures and actions
to protect and restore shoreline functions and ecosystem wide processes (e.g. appropriate land use
activities or environment designations, regulations, development standards, etc.) These tasks
should be conducted as they are relevant to shorelines in your jurisdiction.
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SMA Grant Agreement No. G1200
between the Washington State Department of Ecology and the
City of Pasco
2.21 Characterize ecosystem-wide processes
This characterization will include a coarse-scale analysis of the broader area that influences
the shoreline jurisdiction. It will include a narrative with reference to maps that describes and
illustrates the processes in the larger drainage area that are linked to the shoreline through
hydrologic flows. These processes include the uptake, transport and deposition of sediment,
nutrients, woody debris, and pollutants. Specifically, this characterization will:
• Present the geographic context for shoreline jurisdiction areas—with geology, soils,
topography, vegetation, and drainage patterns of the watersheds. Describe how these
large scale upland areas relate to and affect the shoreline. Review existing regional
watershed or natural resource related plans for inclusion of relevant information.
• Identify areas throughout the watersheds, or, within and beyond shoreline jurisdiction,
that are important to maintaining shoreline ecological functions (e.g. wetlands, forest
cover, floodplains, higher permeability deposits, discharge, organic/clay soils, etc.)
• Identify areas that are key impairments (e.g. forest clearing, impervious cover,
channelized streams, altered wetlands, roads and ditches, dams/diversions,
groundwater withdrawals, and listed impairments such as those published in the 303(d)
list.
• Identify opportunities for protection/restoration of upland and adjacent areas essential for
maintaining shoreline processes and function.
2.2.2 Characterize shoreline functions
This will be a more detailed analysis of the shoreline jurisdiction that includes a narrative with
reference to maps and GIS data. Delineate shoreline reaches based on land use and
ecological processes (such as man-made physical features, stream confluences, or littoral
drift cell boundaries). Describe functions that are associated with each shoreline reach.
Specifically, this characterization will:
• Detail the physical, biological, and land-use components within the shoreline jurisdiction.
• Evaluate and assess shoreline ecological function using current scientific understanding
of the relationship between the conditions of ecosystem-wide processes and functions
within the Town's shoreline jurisdiction. Identify functions that are healthy, functions that
are adversely impacted and functions that may have existed and are now missing.
2.2.3 Conduct Shoreline Use Analysis
• Identify current patterns of land uses in shoreline areas.
• Identify likely shorelines uses and estimate future demand for shoreline space.
• Identify opportunities for SMA preferred uses and potential use conflicts.
2.2.4 Analyze opportunities for public access
• Identify current public access sites and opportunities for future access sites.
Task 2.3 Prepare shoreline inventory and characterization report
Prepare a shoreline inventory and characterization report with accompanying maps that provides an
analysis of the inventory data, ecosystem characterization and shoreline functions, shoreline use
and public access findings as it relates to development of an effective SMP. The report will present
findings and recommendations in a way that is useful for making SMP planning decisions. This
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SMA Grant Agreement No. G1200
between the Washington State Department of Ecology and the
City of Pasco
report will provide a foundation for establishing environment designations, policies and implementing
regulations. The report should identify data gaps, focusing on information that would be useful to
support shoreline program development and implementation. The report should:
• Present the geographic and jurisdictional context for the SMP update.
• Characterize ecosystem processes and functions.
• Present reach level analysis information. Detailed information on shoreline reaches will
identify opportunities and constraints in:
➢ Protecting intact and restoring degraded ecological processes and functions.
➢ Addressing the requirements for shorelines of statewide significance per WAC 173-26-
251.
➢ Providing public access.
➢ Accommodating appropriate water-oriented uses.
• Identify potential use conflicts to inform environment designation and allowed use
decisions.
• Develop shoreline management measures for protection and restoration of ecological
functions, SMP policies, regulations, and environment designations based on the findings
of the inventory and characterization. (For example, recommendations may include
appropriate land use activities or environment designations, regulations, development
standards, restoration and protection actions and strategies.)
• Organize relevant data for efficient review and use in the cumulative impact analysis. (A
table is recommended.)
The report will also include refined shoreline jurisdiction boundaries and synthesis maps at
appropriate viewing scales that will inform the report and illustrate findings that correspond with the
narrative. For example, the user will be introduced to the area with coarser resolution vicinity maps
indicating the county/town location in the state and delineating county/town and watershed
boundaries. Maps at the shoreline reach scale will clearly differentiate the land and water contained
within SMA jurisdiction from adjacent lands and contributing drainages. Maps at this scale will
present the significant geologic, hydrologic, and ecologic features most essential to maintaining
shoreline form and function and those land uses that may have altered upland processes influencing
shoreline function. The reach scale maps also will indicate applicable inventory features such as
known presence of listed species, critical riparian or aquatic vegetation, existing land uses,
designated critical areas, and shoreline modifications. Potential areas for shoreline uses, public
access, restoration and/or protection will be indicated. The portfolio will include a comprehensive list
and map of public access to shorelines.
Deliverables: Shoreline characterization and analysis report with map portfolio that addresses the
above task requirements in 2.1, 2.2 and 2.3, above.
Due Date: 1 hard copy each: Draft 10-30-2014 Final: 12-20-2014.
(Note: Please provide Ecology with sufficient time, approximately 45 to 60 days, to review and
comment on the draft characterization and analysis report.)
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SMA Grant Agreement No. G1200
between the Washington State Department of Ecology and the
City of Pasco
Task 2.4: Demonstrate how Phase 2 complies with the Guidelines
Fill in SMP Submittal Checklist for the tasks that you have completed under Phase 2.
Deliverable: An SMP Submittal Checklist completed as relevant to task (adding
incrementally to earlier completed tasks).
Date Due: 12-30-2014
Year 2
PHASE 3: Complete Draft SMP and Cumulative Impacts Analysis
Task 3.1 Conduct community visioning process
Conduct a community visioning process with as many participants representing as many interests as
possible to help determine goals for future use of local shoreline jurisdiction. Conduct this visioning
process with respect to the SMP Shoreline Inventory and Characterization findings, SMA policies,
and the SMP Guidelines. The visioning process should help identify shoreline issues and
opportunities. The product will be a community visioning report that summarizes visioning activities,
comments, recommendations and goals. The report should be used to help determine shoreline
environment designations, appropriate uses and activities, development standards, shoreline
resource protection, and opportunities for public access and restoration.
Deliverable: Community visioning report
Date Due: 3-20-2015
Task 3.2: Develop general SMP goals, policies and regulations
Prepare general shoreline goals and policies that are applicable throughout the area within shoreline
jurisdiction. Optional SMP components may include general SMP regulations that apply in all
environment designations.
Task 3.3: Develop environment designations
Develop environment designations that are appropriate to current waterfront conditions per the
findings of the shoreline inventory and characterization. Shoreline environment designations may be
comprised of those recommended in the guidelines; the existing local SMP; unique, locally
developed environments; or any combination of these, so long as they are consistent with WAC 173-
26-211 environment designation criteria.
Prepare draft maps illustrating the land and water area contained within mapped shoreline
designation boundaries together with justification and rationale for the proposed designations.
Boundaries of shoreline environment designations shall be clearly mapped. Optional shoreline
jurisdiction areas, including entire floodplains and buffers for critical areas, should be mapped and
designated if they are included within shoreline jurisdiction. A map clearly illustrating existing
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SMA Grant Agreement No. G1200
between the Washington State Department of Ecology and the
City of Pasco
designations compared to proposed designations should be prepared. A narrative rationale
describing reasons for maintaining or changing the designations shall be included.
Task 3.4: Develop environment-specific shoreline use & modification policies,
regulations and standards
Prepare draft policies and regulations for environment designations, all uses discussed in the SMP
Guidelines, and shoreline modifications. The draft policies and regulations for shoreline
environment designations shall, at a minimum, identify:
• Shoreline use and modification activity goals and policies.
• Shoreline uses and modifications that are prohibited and allowed by Substantial
Development Permit or Conditional Use Permit.
• Bulk dimensional standards (buffers, setback, density, etc).
• Shoreline modification activity standards.
• Any local policies or regulations adopted by reference, if relied upon to satisfy SMA or
guidelines requirements.
Optional SMP components may include:
• Shoreline use and dimensional standards listed in matrices, by environment designation.
(Strongly encouraged.)
Task 3.5 Develop SMP administrative provisions
Prepare draft provisions for SMP administration, including necessary elements and timelines for
permit administration, compliance, and enforcement. Statements about the role of Ecology in permit
decisions should be included.
A definitions section should be prepared. Definitions should be particular to SMP administration,
consistent with the SMP's implementing rules. Definitions should be clearly and concisely written.
Optional SMP components may include additional administrative provisions, if not inconsistent with
SMA procedural rules and the guidelines. An SMP "user's guide" may be prepared.
Deliverables:
1. Complete Draft SMP including:
• Draft general goals and policies and optional general regulations. (Task 3.2)
• Draft environment designations and draft environment maps. (Task 3.3)
• Draft environment-specific shoreline use and modification policies, regulations, and
standards. (Task 3.4)
• Draft administrative provisions. (Task 3.5)
• Maps showing environment designations within shoreline jurisdiction
2. An SMP Submittal Checklist completed as relevant to task (adding incrementally to
earlier completed tasks).
Date Due: Initial Draft: 6-30-2015; Second Draft: 1-15-2016 (Will also go to City Council
about same date)
Page 10 of 22
SMA Grant Agreement No. G1200
between the Washington State Department of Ecology and the
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(Note: Please provide Ecology with sufficient time, approximately 45 to 60 days, to review and
comment on the draft documents.)
Task 3.6 Prepare preliminary cumulative impacts analysis
Evaluate and analyze draft SMP policies, regulations and environment designations to show how
they achieve no net loss of shoreline ecological functions during the planning period. The analysis
will include incremental and cumulative impacts of future uses and development allowed by the
proposed SMP as an ongoing part of the update process. The analysis will identify how proposed
SMP regulations and standards and restoration activities will avoid and offset expected impacts of
future permitted and exempt shoreline development. Scenario-based impacts analysis is
encouraged. The cumulative impacts analysis may need to be revised if the initial document shows
that cumulative impacts would result from the draft SMP.
(Note: The preliminary cumulative impacts analysis should be submitted at the same time as the
Draft SMP.)
Deliverable: A cumulative impacts analysis of the SMP demonstrating how no net loss of ecological
functions will be achieved over time at in the jurisdiction.
Date Due: Draft 6-30-2015
(Note: Please provide Ecology with sufficient time, approximately 45 to 60 days, to review and
comment on the draft cumulative impacts analysis.)
Task 3.7: Demonstrate how Phase 3 complies with the Guidelines
Fill in SMP Submittal Checklist for the tasks that you have completed under Phase 3.
Deliverables: An SMP Submittal Checklist completed as relevant to task (adding
incrementally to earlier completed tasks).
Date Due: 6-30-2015
PHASE 4: Restoration Planning, Revisiting Phase 3 Products
as Necessary
Task 4.1 Prepare restoration plan
Based on the Inventory and Characterization report, develop a plan for restoration of impaired
ecological functions in specific shoreline reaches. Restoration plans should include:
• Identification of degraded areas, impaired ecological functions, and sites with potential for
ecological restoration.
• Goals and priorities for restoration of degraded areas and impaired ecological functions.
• Existing and ongoing restoration projects and programs.
• Additional projects needed to achieve restoration goals and implementation strategies,
including identification of prospective funding.
• Times and benchmarks for achieving restoration goals.
• Mechanisms to ensure that restoration projects and programs will be implemented.
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Consult with organizations conducting restoration work for assistance in developing restoration
strategies. The restoration plan should identify overlaps in how and where restoration work is being
conducted. An implementation strategy should include recommendations for coordination between
groups doing restoration work. A list of specific prioritized restoration projects may be included as
an appendix to the SMP.
Deliverable: A complete restoration plan and implementing strategy.
Dates Due: Draft: 6-30-2015 Final. 6-30-2016
(Note: Please provide Ecology with sufficient time, approximately 30 to 45 days, to review and
comment on the draft restoration plan.)
Year 3
Task 4.2: Revisit draft SMP and cumulative impacts analysis; finalize SMP
jurisdiction maps
Based on findings in the cumulative impacts analysis, re-evaluate and revise the draft SMP
environment designations, policies, and regulations in response to Ecology comments on the
preliminary draft materials developed in Phase 3 as necessary to assure that they are adequate to
achieve no net loss of ecological functions. Revise the cumulative impacts analysis as needed to
reflect changes in the draft SMP. This version will be the Planning Commission recommended draft.
Prepare final jurisdiction maps (digital)of Shorelines of the State identified in Task 1.1 that will be
subject to the local SMP.
Deliverables:
1. Revised designations, policies, and regulations that address the findings of the
cumulative impacts analysis.
2. Revised cumulative impacts analysis.
3. Final SMP jurisdiction maps and boundary descriptions
Date Due: 1-15-16; Draft SMP to be reviewed by City Council by 1-30-2016
(Note: Please provide Ecology with sufficient time, approximately 45 to 60 days, to review and
comment on the revised draft SMP and other documents
Task 4.3: Prepare a report that demonstrates how no net loss will be achieved
Prepare a report that demonstrates how the recommended shoreline management measures in
Task 2.3, together with the findings of the cumulative impacts analysis and the restoration plan, are
reflected in the proposed SMP and achieve no net loss.
Deliverables: A report that demonstrates how no net loss will be achieved through SMP
implementation.
Date Due: 1-15-2016
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SMA Grant Agreement No. G1200
between the Washington State Department of Ecology and the
City of Pasco
Task 4.4: Demonstrate how Phase 4 complies with the Guidelines
Fill in SMP Submittal Checklist for the tasks that you have completed under Phase 4.
Deliverables: An SMP Submittal Checklist completed as relevant to task (adding
incrementally to earlier completed tasks).
Date Due: 1-15-2016
PHASE 5: Local SMP Adoption Process
Conduct a local review and adoption process for the proposed SMP as provided in the SMA, WAC
173-26, and the State Environmental Policy Act. The SMP shall contain shoreline policies,
regulations, environment designations, definitions, required administrative provisions, and a clear
description of final SMP jurisdiction boundaries together with copies of any provisions adopted by
reference.
Task 5.1: Assemble complete Final Draft SMP
Assemble a complete draft SMP for Town Council review and approval and formal submittal to
Ecology. This draft would include response to Ecology informal comments on the preliminary draft
submitted under Tasks 4.3 and 4.4 deliverables.
Task 5.2: Complete SEPA review and documentation
Conduct and document SEPA review pursuant to chapter RWC 43.21 C, the State Environmental
Policy Act
Task 5.3: Provide GMA 60-day notice of intent to adopt
Upon conclusion of Tasks 5.1, and 5.2, local governments planning under the Growth Management
Act must notify Ecology and the Department of Commerce of its intent to adopt the SMP as least
sixty days in advance of final local approval, pursuant to RCW 36.70A.106 and WAC 173-26-100
(5).
Task 5.4: Hold public hearing
Hold at least one public hearing prior to local adoption of the draft SMP, consistent with the
requirements of WAC 173-26-100. The names and mailing addresses of all interested parties
providing comment shall be compiled.
Task 5.5: Prepare a responsiveness summary
Prior to adoption of the draft SMP by the local elected body, prepare a summary responding to all
comments received during the public hearing and the public comment period, discussing how the
draft SMP addresses the issues identified in each comment.
Task 5.6: Adopt SMP and submit to Ecology
Complete the adoption process for the SMP update and submit the locally-adopted Draft SMP to
Ecology.
Task 5.7: Demonstrate how Phase 5 complies with the Guidelines
Fill in the SMP Submittal Checklist for the tasks that you have completed under Phase 5.
Deliverables:
Page 13 of 22
SMA Grant Agreement No. G1200
between the Washington State Department of Ecology and the
City of Pasco
1. A complete, locally adopted SMP including maps, with relevant supporting
documentation. (Tasks 5.1 and 5.7)
2. SEPA products (checklist, MDNS or EIS; SEPA notice. (Task 5.2)
3. Evidence of compliance with GMA notice requirements. (Task 5.3)
4. Public hearing record. (Task 5.4)
5. Response to comments received. (Task 5.5)
6. A complete SMP Submittal Checklist.
Date Due: 6-30-2016
Budget Summary and Conditions
Very Important Note:Due to state law, all state funds that are disbursed to local governments
under these grants are appropriated in the state budget on a biennial basis. Funds appropriated
for each biennia of the grant must be spent on eligible activities within that two-year period. Local
governments are not allowed to carry unexpended funds past that date.
We are aware that state and local fiscal years are not on the same schedule; however,
state law requires strict adherence to the state biennial funding cycles for state
agreements. Grantees are strongly encouraged to actively manage their projects to
ensure that spending occurs at budgeted levels within the time constraints specified on
page one.
1. Project Administration: For the administration of this agreement the RECIPIENT must
follow the current edition of the Administrative Requirements for Ecology Grants and Loans
(Yellow Book). http://www.ecy.wa.gov/biblio/9118.html
2. Invoicing:
• Grants are awarded on a reimbursable basis. The Recipient initially pays project
costs as they incur. Invoicing to Ecology is usually by quarter but not more often than
once per month. Upon presentation of an invoice to Ecology, Ecology's share of the
project is reimbursed to the Recipient.
• Expenditures will be monitored by the Ecology Fiscal Office for compliance with the
budget(see below). Budget deviations are allowed between tasks (e.g., a grantee
may spend less money on one task and more on another), but in no circumstances
may the RECIPIENT exceed the total project cost. If the total of all budget
deviations exceeds 10% of the entire project cost, the Ecology Project Officer may
require a written budget redistribution. When submitting invoices to Ecology, the
RECIPIENT shall itemize all costs by task and provide subtotals by task on
Ecology's Form C2, Voucher Support Form. All payment requests must have forms
A, B, C (and D if applicable), be accompanied by a commensurate progress report,
and receive Ecology Project Officer approval before payment can be released.
NOTE: For payment requests, the RECIPIENT must use the Ecology forms provided.
Otherwise, Ecology will return requests to the RECIPIENT for submittal on the correct
forms.
Page 14 of 22
SMA Grant Agreement No. G1200
between the Washington State Department of Ecology and the
City of Pasco
• The RECIPIENT must maintain complete backup documents including but not
limited to all invoiced costs and time sheets - signed and dated by employee and
supervisor. The RECIPIENT must keep these expenses in grant files according to
budget task for a period of-three years after project completion and make them
available at any time for inspection by the DEPARTMENT.
• Requests for reimbursement must be submitted at least quarterly but not more
than once per month by the RECIPIENT on state invoice voucher forms.
• The indirect rate must not exceed 25 percent of direct(staff) labor and benefit
costs. This rate covers space utilities, miscellaneous copying, telephone, motor
pool, janitorial services, records storage, rental, county fiscal and legal services, etc.
Items not included in this list must be reported with the first payment request and
must remain consistent for the life of the grant.
• Right to Audit: The Recipient agrees that payment(s) made under this grant shall
be subject to reduction for amount charged thereto which are found after audit ex-
amination not to constitute allowable costs under this grant. The Recipient shall
refund by check payable to the DEPARTMENT the amount of such reduction of
payments under completed or terminated grants
• Estimates: Near the end of each fiscal year, Ecology's Fiscal Office requires
specific expenditure information anticipated from each jurisdiction up to June 30 of
that given year. This information is compiled by Ecology as a cash flow projection
in order to draw down sufficient liquid funds to cover cumulative expenditures.
4. Final payment of grant projects is contingent on receipt of viable work products as listed
in the grant document.
5. Funding Budget(for RECIPIENT reporting and Ecology tracking purposes): The source
of funds provided by ECOLOGY are from the 2011-13 Washington State Legislature under
Engrossed Substitute House Bill 1087, §302 of the Local Toxics Control Account.
Maximum Grant Amount, Fiscal Years 1 & 2 (7/1/13—6/30/15): $ 100,000
Maximum Grant Amount, Fiscal Year 3 (7/1/15—6/30/16)': $25,000
Total Grant Amount: $125,000
State Maximum Cost Share Rate overall three years: 100% UP TO a maximum of
$125,000
'Year 3 funding is subject to legislative appropriation in Fiscal Year 2015-2016.
balance of page left blank intentionally
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SMA Grant Agreement No. G1200
between the Washington State Department of Ecology and the
City of Pasco
Estimated Expenditure Budget
Years 1 & 2 Year 3
Phase/Task Fiscal Years 12 & 13 FY 14 Total
711/2013—6/3012015 7/1/2015— Project
6/3 012 01 6
Tasks Common to All Phases:
A. Project Coordination $10,000.00 $4,000.00 $14,000.00
3. Secure Contracted Services $1,000.00 $0.00 $1,000.00
C. Implement Public Participation Plan $0.00 $0.00 $0.00
Phased Work:
1. Preliminary Assessment/ Prepare
Public Participation Plan $30,000.00 $0.00 $30,000.00
2. Shoreline Inventory, Analysis, and
Characterization $30,000.00 $9,000.00 $39,000.00
3. Develop SMP and Cumulative Impacts
$9,000.00 $7,000.00 $16,000.00
Analysis
4. Restoration Planning / Revisit Phase 3
$20,000.00 $5,000.00 $25,000.00
products as necessary
5. Local Adoption Process $0.00 $0.00
Total $100,000.00 $25,000.00 $125,000.00
balance of page left blank intentionally
Page 16 of 22
SMA Grant Agreement No. G1200
between the Washington State Department of Ecology and the
City of Pasco
Special Terms and Conditions
1. Administrative Guidelines: The Recipient shall comply with the Department's current
edition of"Administrative Requirements for Ecology Grants and Loans", ("Yellow Book")
publication number 91-18. The Recipient shall be responsible for maintaining appropriate
financial records throughout the life of the project and in accordance with these guidelines.
2. Responsibilities of the Project Coordinator: The Recipient's Project Coordinator shall be
responsible for the procedural obligations under this agreement in addition to his/her duty to
coordinate the planning effort hereunder. He/She shall cooperate with all parties concerned
in every way possible to promote successful completion of the services described in the
Scope of Work.
3. Progress Reports. The RECIPIENT shall prepare and submit quarterly progress reports
to the DEPARTMENT throughout the life of the grant. Reports shall be submitted no later
than 20 calendar days after the end of the reporting period as follows:
Progress Report Reporting, Period Date Due
First Quarter Jul 1 — Se tember 30 October 20
Second Quarter October 1 — December 31 January 20
Third Quarter January 1 — March 31 Aril 20
Fourth Quarter Aril 1 —June 30 July 20
For Report Contents and Ecology's form: Please visit our website at:
http://www.ecy.wa.gov/programs/sea/`-qrants/smD/forms.html
County or City Name
Grant No.G1200_ 3. Identification of Project Materials -All reports, maps,
and other documents published as part of this grant agreement
shall carry the name of the RECIPIENT, Ecology's grant number
(in the upper right hand corner), title, the specific task number of
Project Title the r page Task Title product and date centered on the front cover or title a e or
Task Number in the case of maps, the block which contains the name of the
Date Government unit or Department) and acknowledgment of the
source of funding as follows:
4. Format for Publications and Brochures: Any (hard copy) publications or brochures
required as a product of this agreement shall conform to minimum standards of size, 8-1/2" x
11" white, recycled paper equivalent in weight to 20 lb. bond, single spaced, printed both
sides, no less than 1" margins. Photos, illustrations, and graphs must be of reproducible
quality. Any publications or brochures intended for public distribution shall comply with
graphic requirements as specified in Ecology's "Publications Handbook", publication number
91-41 and any additional specifications as may be outlined in the Scope of Work.
5. Quality Assurance Project Plan (QAPP). IF this project involves the collection of
environmental measurement data, the RECIPIENT must prepare a QAPP to ensure the
consistent application of quality assurance principles to the planning and execution of all
activities involved in generating this data. The plan shall be conducted in accordance with
Page 17 of 22
SMA Grant Agreement No. G1200
between the Washington State Department of Ecology and the
City of Pasco
the DEPARTMENT's Guidelines for the Preparation of Quality Assurance Proiect Plans for
Environmental Studies, current edition, (Ecology Publication No. 04-03-030). The plan must
describe the monitoring and data quality objectives, procedures, and methodologies which
will be used to ensure that all environmental data generated will meet these
requirements. The size and complexity of the plan should be cost effective and in proportion
to the magnitude of the sampling effort. The RECIPIENT may also reference Technical
Guidance for Assessing the Quality of Aguatic Environments, February 1994 (Ecology
Publication No. 91-78), in developing the plan. The QAPP shall be composed of a concise
description of the environmental measurement aspects of this project. Ecology's Project
Officer shall review and approve this plan prior to initiation of work.
The QAPP should describe the following elements:
• Assumptions that direct the collection and analysis of data;
• Resources used (such as flights for aerial photos);
• Resource documents that will be consulted;
• Field methods employed;
• Office methods employed;
• Training level of staff involved in data collection and analysis;
• Equipment/ materials to be used
• Procedures to assure accurate calibration of field instruments.
Other supporting documentation, including example QAPPs, QAPP templates, and field
SOPs may be found at Ecology's Quality Assurance website:
www.ecy.wa.gov/programs/eap/quality.html
6. Coordination with Ecology's Geographical Information System (GIS). If this project
involves developing GIS data, the RECIPIENT shall coordinate with Ecology's GIS office in
an effort to promote compatibility and to encourage sharing of geospatial data. To facilitate
data sharing, the DEPARTMENT utilizes the following standards:
7.
Ecology's GIS Standards
ESRI's ARC/INFO Current version
ESRI's ArcView Current Version
Horizontal Datum NAD 83 HARN
Vertical Datum NGVD 88
Projection System Lambert Conic Conformal
Coordinate System WA State Plane Coordinates
Coordinate Zone South
Coordinate Units Feet
Accuracy Standard +/-40 Feet (1:24,000) minimum accuracy to within
a foot of the true North American datums stem
Vector Import Format ArcExport, DLG and/or DXF, shapefiles
Raster Import Format TIFF, BIL/BIP, RLC,GRID,ERDAS, SID
Whenever possible, the Recipient is encouraged to utilize the standards listed above when
compiling data. To discuss the usage of other standards, please contact Jerry Franklin at 360
407-7470; Fax: 360 407-6902; E-Mail: jfra461 @ecy.wa.gov or Dan Saul at 360-407-6419; E-
Mail: dsau461 a()ecv.wa.gov for further data sharing and compatibility information.
Page 18 of 22
SMA Grant Agreement No. G1200
between the Washington State Department of Ecology and the
City of Pasco
The RECIPIENT shall submit copies to Ecology's Project Officer with complete
documentation as it relates to all digital data, GIS coverages, shape files, related tables and
map products.
8. Washington State Minority and Women's Business Participation. The RECIPIENT
agrees to solicit and recruit, to the maximum extent possible, certified minority-owned (MBE)
and women-owned (WBE) businesses in purchases and contracts initiated after the effective
date of this Agreement.
In the absence of more stringent goals established by the RECIPIENT's jurisdiction, the
RECIPIENT agrees to utilize the DEPARTMENT'S goals for minority- and women-owned
business participation in all bid packages, request for proposals, and purchase orders.
These goals are expressed as a percentage of the total dollars available for the purchase or
contract and are as follows:
Construction/Public Works 10% MBE 6%WBE
Architecture/Engineering 10% MBE 6%WBE
Purchased Goods 8% MBE 4%WBE
Purchased Services 10% MBE 4%WBE
Professional Services 10% MBE 4%WBE
No contract award or rejection shall be made based on achievement or non-achievement of
the goals. Achievement of the goals is encouraged, however, and the RECIPIENT and ALL
prospective bidders or persons submitting qualifications shall take the following affirmative
steps in any procurement initiated after the effective date of this Agreement:
a. Include qualified minority and women's businesses on solicitation lists.
b. Assure that qualified minority and women's businesses are solicited whenever
they are potential sources of services or supplies.
C. Divide the total requirements, when economically feasible, into smaller tasks or
quantities, to permit maximum participation by qualified minority and women's
businesses.
d. Establish delivery schedules, where work requirements permit, which will
encourage participation of qualified minority and women's businesses.
e. Use the services and assistance of the State Office of Minority and Women's
Business Enterprises (OMWBE)and the Office of Minority Business Enterprises
of the U.S. DEPARTMENT of Commerce, as appropriate
By signing this Agreement, the RECIPIENT certifies that the above steps were, or will be
followed. Any contractor engaged by the RECIPIENT under this agreement shall be required
to follow the above five affirmative steps in the award of any subcontract(s).
The RECIPIENT shall report to the DEPARTMENT at the time of submitting each invoice, on
forms provided by the DEPARTMENT, payments made to qualified firms. The report will
address:
a. Name and state OMWBE certification number of any qualified firm receiving funds
under the voucher, including any sub-and/or sub-subcontractors.
b. The total dollar amount paid to qualified firms under this invoice.
Page 19 of 22
SMA Grant Agreement No. G1200
between the Washington State Department of Ecology and the
City of Pasco
The following federal terms and conditions are applicable with any local grant being used as match
to a federal agreement at the State level. Ecology provides the required (FFATA)form at the time of
grant signature.
9. Federal Circular Compliance: As a subrecipient of federal funds, the RECEIPIENT must
comply with the following federal regulations:
OMB Circular A-133, Audits of States, Local Governments, and Non-Profit Organization
OMB Circular A-133, Compliance Supplement
OMB Circular A-87, Cost Principles for State, Local and Indian Tribal Governments
OMB Circular A-102, Uniform Administrative Requirements
These federal regulations can be found at: httc://www.whitehouse.gov/omb/circulars/
10. Federal Funding Accountability and Transparency Act (FFATA) Reporting
Requirements:
In order to comply with the FFATA, the RECIPIENT must complete the FFATA Data
Collection Form, copy attached, and return it to the DEPARTMENT. The DEPARTMENT will
report basic agreement information, including the required DUNS number, for all federally-
funded agreements at www.fsrs.00v . This information will be made available to the public
at www.usasoending.pov. Recipients who do not have a DUNS number can find guidance at
www.arants.aov .. Please note that the DEPARTMENT will not pay any invoices until it
has received the completed FFATA Data Collection Form.
Any recipient that meets each of the criteria below must also report compensation for its five top
executives, using the DEPARTMENT's Federal Funding Accountability and Transparency Act
(FFATA) Data Collection Form.
• Receives more than $25,000 in federal funds under this award; and
• Receives more than 80 percent of its annual gross revenues from federal funds; and
• Receives more than $25,000,000 in annual federal funds
See www.fsrs.cov for details of this requirement. If your organization falls into this category, you must
report the required information to the DEPARTMENT
11. Government Debarment and Suspension: This agreement is subject to Federal Executive
Orders 12549, 12689 and 15 CFR Part 26, Debarment and Suspension and Requirements
for a Drug-free Workplace:.
CERTIFICATION REGARDING SUSPENSION, DEBARMENT INELIGIBILITY OR
VOLUNTARY EXCLUSION:
a. The RECIPIENT/CONTRACTOR, by signing this agreement, certifies that it is not
suspended, debarred, proposed for debarment, declared ineligible or otherwise
excluded from contracting with the federal government, or from receiving contracts paid
for with federal funds. If the RECIPIENT/CONTRACTOR is unable to certify to the
statements contained in the certification, they must provide an explanation as to why
they cannot.
b. The RECIPIENT/CONTRACTOR shall provide immediate written notice to the
Department if at any time the RECIPIENT/CONTRACTOR learns that its certification
was erroneous when submitted or had become erroneous by reason of changed
circumstances.
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SMA Grant Agreement No. G1200
between the Washington State Department of Ecology and the
City of Pasco
C. The terms: covered transaction, debarred, suspended, ineligible, lower tier covered
transaction, participant, person, primary covered transaction, principal, proposal, and
voluntarily excluded, as used in this clause, have the meaning set out in the Definitions
and Coverage sections of rules implementing Executive Order 12549. You may
contact the department for assistance in obtaining a copy of those regulations.
d. The RECIPIENT/CONTRACTOR agrees it shall not knowingly enter into any lower tier
covered transaction with a person who is proposed for debarment under the applicable
Code of Federal Regulations, debarred, suspended, declared ineligible, or voluntarily
excluded from participation in this covered transaction.
e. The RECIPIENT/CONTRACTOR further agrees by signing this agreement, that it will
include this clause titled "CERTIFICATION REGARDING SUSPENSION,
DEBARMENT, INELIGIBILITY OR VOLUNTARY EXCLUSION" without modification in
all lower tier covered transactions and in all solicitations for lower tier covered
transactions.
f. Pursuant to 2CFR180.330, the RECIPIENT/CONTRACTOR is responsible for ensuring
that any lower tier covered transaction complies with certification of suspension and
debarment requirements.
g. RECIPIENT/CONTRACTOR acknowledges that failing to disclose the information
required in the Code of Federal Regulations may result in the delay or negation of this
funding agreement, or pursuance of legal remedies, including suspension and
debarment.
h. RECIPIENT/CONTRACTOR agrees to keep proof in its agreement file, that it, and all
lower tier recipients or contractors, are not suspended or debarred, and will make this
proof available to the Department upon request. RECIPIENT/CONTRACTOR must run
a search in www.eols.gov and print a copy of completed searches to document proof of
compliance.
12. Restrictions on Lobbying: Each bidder/applicant/recipient/subrecipient of this agreement
is generally prohibited from using Federal funds for lobbying the Executive or Legislative
Branches of the Federal Government in connection with this award. This agreement is
subject to Section 319 of Public Law 101-121, which added Section 1352, regarding lobbying
restrictions, to Chapter 13 of Title 31 of the United States Code. The new section is
explained in the common rule, 15 CFR Part 28 (55 FR 6736-6748, 2/26/90).
13. Consistency: It is the responsibility of the RECIPIENT to ensure that all sub-RECIPIENTS
and contractors comply with the terms and conditions of the agreement and that the State
of Washington is named as an express third-party beneficiary of such subcontracts with full
rights as such.
14. Grant Closeout: All products for this project shall reflect an end date on or before June
30, 2016 and shall be submitted to the DEPARTMENT on or before July 20, 2016 or as
otherwise specified in the Scope of Work. Completed end-of-biennium estimate forms and
final payment requests must be submitted in accordance with notification provided by
Ecology's Fiscal Office.
15. All Writings Contained Herein. This agreement, the appended "General Terms and
Conditions", and the DEPARTMENT'S current edition of"Administrative Requirements for
Page 21 of 22
SMA Grant Agreement No. G1200
between the Washington State Department of Ecology and the
City of Pasco
Ecology Grants and Loans", contains the entire understanding between the parties, and
there are no other understandings or representations except those set forth or incorporated
by reference herein. No subsequent modification(s) or amendment(s) of this agreement shall
be of any force or effect unless in writing, signed by authorized representatives of the
RECIPIENT and DEPARTMENT, and made a part of this agreement.
General Terms and Conditions are appended to this agreement. See Appendix 1.
In Witness Whereof, the parties hereby sign this grant agreement
Washington State
Department of Ecology City of Pasco
Gordon White Date Gary Crutchfield Date
Program Manager City Manager
Shorelands and Environmental City of Pasco
Approved as to form by
The Assistant Attorney General
(Note: Insert additional signature blocks(s)
and/or pages if more than one signature
block is required)
Page 22 of 22
AGENDA REPORT
FOI2: City Council July 17, 2013
TO: Gary Crutchfr #conomrnic Manager Workshop Mtg.: 7/22/13
Rick White,
Community& Development Director
FROM: Angie Pitman, Block Grant Administrator
SUBJECT: Addition of Rental Rehabilitation to the 2013 Annual Action Plan
REFERENCE(S):
II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS:
7/22: DISCUSSION
III. FISCAL IMPACT:
IV. HISTORY AND FACTS BRIEF:
A) The Community Housing Improvement Program (CHIP) used Housing Investment
Partnership (HOME) and Neighborhood Stabilization Program (NSP) funds to
purchase and rehabilitate four foreclosed and two donated homes in Pasco in 2011.
Since then, three of the homes have been purchased by low/moderate income
families and an offer is pending on the fourth.
B) One of the remaining homes is a manufactured home that has proven problematic to
sell. Banks often require up to 20% of the purchase price be paid prior to closing
which lower income buyers have trouble providing. Interest rates for manufactured
housing are often greater than that charged for site-built housing. In 2012, the City
had only received one offer to buy the property, and that buyer was turned down by
separate lenders.
C) A local non-profit agency (Columbia Basin Veterans Coalition) has expressed an
interest in utilizing this property for transitional or supportive housing.
V. DISCUSSION:
A) The City has received several requests in recent years from non-profits asking for
grants for single family properties to be used in their transitional or supportive
housing programs. Housing of this nature is an eligible activity under the HOME
program when the tenant is low/moderate income and expected to remain in the
home for two years or greater.
B) By adding "Rental Rehabilitation" to the 2013 Annual Action Plan, the City may be
able to transfer ownership of the above home to a non-profit agency that agrees to
comply with Housing and Urban Development (HUD) regulations associated with
the provision of rental housing that has been rehabilitated with federal funds. The
HOME Consortium and HUD both agree that a project of this nature would help fill
a gap in housing for low income persons.
C) If Council concurs with the concept of adding "Rental Rehabilitation" to the 2013
Annual Action Plan, staff will initiate the appropriate process through our Public
Participation Plan. This process will include a recommendation from the Planning
Commission and formal Council consideration of a resolution amending the Annual
Action Plan.
4(9)
AGENDA REPORT
TO: City Counci July 18, 2013
FROM: Gary Crutch anager Workshop Mtg.: 7/22/13
Regular Mtg.: 7/29/13
SUBJECT: Capital Impro ement Plan
I. REFERENCE(S):
1. Proposed Capital Improvement Plan 2014-2019 (Council packets only; copy
available for review in the City Manager's office, Pasco Library and on the city's
website at www.pasco-wa.eov/citvcouncilreports).
2. Proposed Resolution
II. ACTION REQUESTED OF COUNCIL/ STAFF RECOMMENDATIONS:
7/22: Discussion
7/29: MOTION: I move to approve Resolution No. , adopting the Capital
Improvement Plan for fiscal years 2014-2019.
III. FISCAL IMPACT:
IV. HISTORY AND FACTS:
A) The annual Capital Improvement Plan (CIP) for 2014-2019 was presented to Council
for discussion at the July 8 workshop meeting.
V. DISCUSSION:
A) The entire content has been re-printed, in order to accommodate elimination of the
use of "other" expenses description and several utility projects were reclassified.
The cost of projects has not changed, so the dollar figures are the same though the
summaries have been revised to reflect the re-categorization of projects.
B) Staff recommends that council identify any substantive changes it desires and
schedule formal Council approval of the Capital Improvement Plan at the July 29
business meeting, so the CIP is in place to guide staff in preparation of the annual
budget this fall.
4(h)
RESOLUTION NO.
A RESOLUTION Approving the Capital Improvement Plan for Calendar
Years 2014-2019.
WHEREAS, staff has prepared the Capital Improvement Plan which defines the capital
projects proposed to be undertaken by the City over the ensuing six years; and
WHEREAS, on July 8 and July 22, 2013 the Capital Improvement Plan was presented to
the City Council for review and prioritization; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO
RESOLVE AS FOLLOWS:
Section 1. That the Pasco City Council hereby approves the Capital Improvement Plan
for calendar years 2014-2019 as the City's list of capital projects proposed to be undertaken by
the City over the coming six years, with the understanding that implementation of any project
listed in the Capital Improvement Plan is subject to budget appropriation.
PASSED by the City Council of the City of Pasco at its regular meeting this 29th day of
July 2013.
Matt Watkins
Mayor
ATTEST: APPROVED AS TO FORM:
Debra Clark Leland B. Kerr
City Clerk City Attorney