Loading...
HomeMy WebLinkAbout2015.08-03 Council Meeting PacketPage 5-7 10-13 14-18 Regular Meeting 1. CALL TO ORDER: 2. ROLL CALL: AGENDA PASCO CITY COUNCIL 7:00 p.m. (a) Pledge of Allegiance August 3, 2015 3. CONSENT AGENDA: All items listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by roll call vote as one motion (in the form listed below). There will be no separate discussion of these items. If further discussion is desired by Council members or the public, the item may be removed from the Consent Agenda to the Regular Agenda and considered separately. (a) Approval of Minutes To approve the Minutes of the Pasco City Council Meeting dated July 20, 2015. (b) Bills and Communications To approve claims in the total amount of $2,849,516.27 ($1,185,871.82 in Check Nos. 205088-205303; $1,003,173.02 in Electronic Transfer Nos. 806349-806513, 806516-806531, 806533-806534, 806538-806573, 806578- 806820; $63,344.52 in Check Nos. 48303-48379; $595,126.91 in Electronic Transfer Nos. 30084128-30084625; $2,000.00 in Electronic Transfer No. 166). (c) I Accept 2015 Crack Seal To approve Resolution No. 3649, accepting the work performed by Stripe Rite, Inc., under contract for the 2015 Crack Seal project. (d) 1 STREET VACATION: A Portion of West Washington Street (MF# VAC 2015-011) To approve Resolution No. 3650, setting 7:00 P.M., Tuesday, September 8, 2015, as the time and date to conduct a public hearing to consider vacating a portion of West Washington Street. (RC) MOTION: I move to approve the Consent Agenda as read. Page 1 of 78 19-24 25-29 30-53 Regular Meeting August 3, 2015 4. PROCLAMATIONS AND ACKNOWLEDGEMENTS: (a) Yard and Business of the Month Awards Mayor Watkins to present Certificates of Appreciation for July 2015 "Yard of the Month" and "Business Appearance of the Month" to: Edgar & Maria Rendon, 947 W. Ruby Street Angel & Maria Taboada, 4212 W. Brown Place Karl & Linda Lewis, 4418 St. Paul Court Richard & Carla Dowd, 8707 Oliver Drive Cousin's Restaurant, 4605 Road 68 (b) Presentation of Proclamation for "National Night Out" August 4, 2015 Mayor Matt Watkins to present Proclamation to Bob Metzger, Chief of Police 5. VISITORS - OTHER THAN AGENDA ITEMS: This item is provided to allow citizens the opportunity to bring items to the attention of the City Council or to express an opinion on an issue. Its purpose is not to provide a venue for debate or for the posing of questions with the expectation of an immediate response. Some questions require consideration by Council over time and after a deliberative process with input from a number of different sources; some questions are best directed to staff members who have access to specific information. Citizen comments will normally be limited to three minutes each by the Mayor. Those with lengthy messages are invited to summarize their comments and/or submit written information for consideration by the Council outside of formal meetings. 6. REPORTS FROM COMMITTEES AND/OR OFFICERS: (a) Verbal Reports from Councilmembers 7. HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS RELATING THERETO: 8. ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS: (a) Peanuts Park/Farmer's Market Area Smoking Ban MOTION: I move to adopt Ordinance No. 4232, amending Section 9.48.245 "Smoking at or near Park Shelters, Playgrounds and Pools Prohibited" and, further, authorize publication by summary only. (b) E Franklin PUD Solar Project (MF# SP 2015-006) MOTION:I move to approve Resolution No. 3651, approving the special permit for the location of a community solar system at 1411 W. Clark Street, Page 2 of 78 54-58 59-73 74-78 Regular Meeting August 3, 2015 as recommended by the Planning Commission. 9. UNFINISHED BUSINESS: (a) Meeting with Pasco Public Facilities District 10. NEW BUSINESS: (a) * Multi -Agency Three Rivers Information & Communicaton Services (MATRICS) Interlocal Agreement MOTION: I move to approve the Interlocal Agreement for the creation of the Multi -Agency Three Rivers Information & Communication Services (MATRICS) with the cities of Richland and Kennewick, and Benton and Franklin Counties. (b) I Award Primary Clarifier Upgrade (RC) MOTION: I move to award the low bid for the Primary Clarifier Upgrade project to Clearwater Construction & Management, LLC in the amount of $4,634,287.80, and further, authorize the City Manager to execute the contract documents. 11. MISCELLANEOUS DISCUSSION: (a) Interchange Feasibility Study for Road 68 Presentation Presented by Ahmad Qayoumi, Public Works Director 12. EXECUTIVE SESSION: 13. ADJOURNMENT. (RC) Roll Call Vote Required * Item not previously discussed Q Quasi -Judicial Matter MF# "Master File #...." REMINDERS: 1:30 p.m., Monday, August 3, KGH — Emergency Medical Services Board Meeting. (COUNCILMEMBER TOM LARSEN, Rep.; AL YENNEY, Alt.) 6:00 p.m., Tuesday, August 4, Memorial Park - Family Fun & Safety Night/National Page 3 of 78 Regular Meeting August 3, 2015 Night Out Event. (ALL COUNCILMEMBERS INVITED TO ATTEND) 12:00 p.m., Wednesday, August 5, 2601 N. Capitol Avenue — Franklin County Mosquito Control District Meeting. (COUNCILMEMBER BOB HOFFMANN, Rep.; AL YENNEY, Alt.) 5:30 p.m., Thursday, August 6, P&R Classroom — Parks & Recreation Advisory Board Meeting. (COUNCILMEMBER SAUL MARTINEZ, Rep.; MIKE GARRISON, Alt.) This meeting is broadcast live on PSC -TV Channel 191 on Charter Cable and streamed at www.pasco-wa.gov/psctvlive. Audio equipment available for the hearing impaired; contact the Clerk for assistance. Page 4 of 78 AGENDA REPORT FOR: City Council July 21, 2015 TO: Dave Zabell, City Manager Regular Meeting: 8/3/15 Rick Terway, Director Administrative & Community Services FROM: Sandy Kenworthy, Administrative Assistant II Administrative & Community Services SUBJECT: Approval of Minutes I. REFERENCE(S): Minutes of the July 20, 2015 meeting. II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: To approve the Minutes of the Pasco City Council Meeting dated July 20, 2015. III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: V. DISCUSSION: Page 5 of 78 MINUTES REGULAR MEETING PASCO CITY COUNCIL JULY 20, 2015 CALL TO ORDER: The meeting was called to order at 7:00 p.m. by Matt Watkins, Mayor. ROLL CALL: Councilmembers present: Mike Garrison, Robert Hoffmann, Tom Larsen, Saul Martinez, Matt Watkins and Al Yenney. Excused: Rebecca Francik. Staff present: Dave Zabell, City Manager; Stan Strebel, Deputy City Manager; Leland Kerr, City Attorney; Richard Terway, Administrative & Community Services Director; Ahmad Qayoumi, Public Works Director and Bob Metzger, Police Chief. The meeting was opened with the Pledge of Allegiance. CONSENT AGENDA: Approval of Minutes To approve the Minutes of the Pasco City Council Meeting dated July 6, 2015. Bills and Communications To approve claims in the total amount of $3,298,867.34 ($1,995,202.29 in Check Nos. 204855-205087; $606,988.61 in Electronic Transfer Nos. 806514- 806515, 806532, 806535-806537, 806574-806577; $60,755.07 in Check Nos. 48221-48302; $622,343.12 in Electronic Transfer Nos. 30083628-30084127; $13,578.45 in Electronic Transfer Nos. 161-165). To approve bad debt write-off for Utility Billing, Ambulance, Cemetery, General Accounts, Miscellaneous Accounts, and Municipal Court (non- criminal, criminal, and parking) accounts receivable in the total amount of $250,734.13 and, of that amount, authorize $156,113.54 be turned over for collection. Three Rivers West, Phase 2 Final Plat (MF# FP 2015-001) To approve the Final Plat for Three Rivers West, Phase 2. Legislative Consultant Agreement To approve the agreement with Gordon Thomas Honeywell Governmental Affairs for state legislative consultant services and, further, authorize the City Manager to execute the agreement. Removed from Consent Agenda and moved to New Business. MOTION: Mr. Garrison moved to approve the Consent Agenda as amended. Mr. Yenney seconded. Motion carried by unanimous Roll Call vote. REPORTS FROM COMMITTEES AND/OR OFFICERS: Mayor Watkins reported on the Energy Communities Alliance meeting regarding the Manhattan Project National Park. Mr. Hoffmann reported on the Ribbon Cutting Ceremony for Andros Orthodontics. Page 1 of 2 Page 6 of 78 MINUTES REGULAR MEETING PASCO CITY COUNCIL JULY 20, 2015 ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS: Emergency Aircraft Landing (MF# CA 2015-007) MOTION: Mr. Garrison move to adopt Ordinance No. 4231, amending PMC Title 9 dealing with emergency aircraft landing and, further, authorize publication by summary only. Mr. Yenney seconded. Motion carried 5-1. No - Larsen. NEW BUSINESS: Award WWTP Caustic Soda Improvement, Project #C7 -SE -1A-15-2 Mr. Qayoumi explained the details of the project. MOTION: Mr. Garrison moved to award the low bid for the WWTP Caustic Soda Improvements project to Industrial Constructors, Inc. in the amount of $178,321.20, and further, authorize the City Manager to execute the contract documents. Mr. Yenney seconded. Motion carried by unanimous Roll Call vote. Legislative Consultant Agreement Council and staff discussed the details of the proposed agreement. MOTION: Mr. Garrison moved to approve the agreement with Gordon Thomas Honeywell Governmental Affairs for state legislative consultant services and, further, authorize the City Manager to execute the agreement. Mr. Yenney seconded. Motion carried 5-1. No - Larsen. MISCELLANEOUS DISCUSSION: Mr. Zabell noted the next 'Coffee with a Cop' will be held on Wednesday, July 22 from 4-7 p.m. at the Collegium Cafe at Tierra Vida. Mayor Watkins noted Water Follies events are being held this week. EXECUTIVE SESSION: Mayor Watkins adjourned to Executive Session at 7:23 p.m. for approximately 15 minutes to discuss Acquisition of Real Estate with the City Manager, Deputy City Manager and the City Attorney. Mayor Watkins called the meeting back to order at 7:34 p.m. ADJOURNMENT: There being no further business, the meeting was adjourned at 7:34 p.m. APPROVED: Matt Watkins, Mayor ATTEST: Debra Clark, City Clerk PASSED and APPROVED this 3rd day of August, 2015 Page 2 of 2 Page 7 of 78 AGENDA REPORT FOR: City Council July 29, 2015 TO: Dave Zabell, City Manager Regular Meeting: 8/3/15 Rick Terway, Director Administrative & Community Services FROM: Eva Lindgren, Deputy Director Administrative & Community Services SUBJECT: Bills and Communications I. REFERENCE(S): Accounts Payable 08.03.15 II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: To approve claims in the total amount of $2,849,516.27 ($1,185,871.82 in Check Nos. 205088-205303; $1,003,173.02 in Electronic Transfer Nos. 806349-806513, 806516- 806531, 806533-806534, 806538-806573, 806578-806820; $63,344.52 in Check Nos. 48303-48379; $595,126.91 in Electronic Transfer Nos. 30084128-30084625; $2,000.00 in Electronic Transfer No. 166). III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: V. DISCUSSION: Page 8 of 78 CITY OF PASCO Council Meeting of: August 3, 2015 Accounts Payable Approved The City Council City of Pasco, Franklin County, Washington We, the undersigned, do hereby certify under penalty of perjury that the materials have been furnished, the services rendered or the labor performed as described herein and that the claim is a just, due and unpaid obligation against the city and that we are authorized to authenticate and certify to said claim. al-&ca"�6'� Dave Zabell, City Manager Rick Terway, A&CrJector We, the undersigned City Councilmembers of the City Council of the City of Pasco, Franklin County, Washington, do hereby certify on this 3 day of August, 2015 that the merchandise or services hereinafter specified have been received and are approved for payment: Claims Bank Payroll Bank Gen'I Bank Electronic Bank Combined Check Numbers 205088-205303 48303-48379 Total Check Amount $1,185,871.82 $63,344.52 Total Checks $ 1,249,216.34 Electronic Transfer Numbers 806349-806513 30084128-30084625 166 C. D. BLOCK GRANT 5,188.91 HOME CONSORTIUM GRANT 806516-806531 NSP GRANT 104.00 KING COMMUNITY CENTER 3,666.18 806533-806534 53,605.68 CEMETERY 2,382.36 ATHLETIC PROGRAMS 806538-806573 GOLF COURSE 56,774.37 SENIOR CENTER OPERATING 2,756.66 806578-806820 2,961.24 RIVERSHORE TRAIL & MARINA MAIN 117.56 Total EFT Amount $1,003,173.02 $595,126.91 $2,000.00 Total EFTS $ 1,600,299.93 3,522.11 TRAC DEVELOPMENT & OPERATING 13,484.29 Grand Total $ 2,849,516.27 STADIUM/CONVENTION CENTER 335.97 GENERAL CAP PROJ CONSTRUCTION 36,866.86 WATERISEWER 293,694.00 Councilmember 22,462.31 Councilmember 11,235.55 SUMMARY OF CLAIMS BY FUND: GENERAL FUND 633,883.90 STREET 120,408.32 ARTERIAL STREET 0.00 STREET OVERLAY 10,324.12 C. D. BLOCK GRANT 5,188.91 HOME CONSORTIUM GRANT 23,039.29 NSP GRANT 104.00 KING COMMUNITY CENTER 3,666.18 AMBULANCE SERVICE 53,605.68 CEMETERY 2,382.36 ATHLETIC PROGRAMS 360.68 GOLF COURSE 56,774.37 SENIOR CENTER OPERATING 2,756.66 MULTI MODAL FACILITY 2,961.24 RIVERSHORE TRAIL & MARINA MAIN 117.56 SPECIAL ASSESSMNT LODGING 0.00 LITTER CONTROL 1,622.93 REVOLVING ABATEMENT 3,522.11 TRAC DEVELOPMENT & OPERATING 13,484.29 ECONOMIC DEVELOPMENT 32,963.13 STADIUM/CONVENTION CENTER 335.97 GENERAL CAP PROJ CONSTRUCTION 36,866.86 WATERISEWER 293,694.00 EQUIPMENT RENTAL - OPERATING GOVERNMENTAL 22,462.31 EQUIPMENT RENTAL - OPERATING BUSINESS 11,235.55 EQUIPMENT RENTAL - REPLACEMENT GOVERNMENTAL 35,766.25 EQUIPMENT RENTAL - REPLACEMENT BUSINESS 0.00 MEDICAUDENTAL INSURANCE 170,956.50 FLEX 9,964.57 PAYROLL CLEARING 1,301,068.53 GRAND TOTAL ALL FUNDS: $ 2,849,516.27 Page 9 of 78 AGENDA REPORT FOR: City Council July 24, 2015 TO: Dave Zabell, City Manager Regular Meeting: 8/3/15 Ahmad Qayoumi, Public Works Director FROM: Kent McCue, Construction Manager Public Works SUBJECT: Accept 2015 Crack Seal I. REFERENCE(S): Vicinity Map Resolution II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to approve Resolution No. accepting the work performed by Stripe Rite, Inc., under contract for the 2015 Crack Seal project. III. FISCAL IMPACT: Overlay Fund - $113,536.88 IV. HISTORY AND FACTS BRIEF: As part of the City's Annual Pavement Preservation Program, on February 17, 2015, Council awarded the 2015 Crack Seal project to Stripe Rite, Inc. for $112,670.00. V. DISCUSSION: The project involved cleaning, preparing and sealing cracks in the asphalt pavement on various streets throughout the City (as shown on the attached Vicinity Map). The final project construction contract totaled $113,536.88, an overage of $866.88, approximately .07%. The overage was due to the addition of 5 cul-de-sacs that were not included in the original contract. It is the City's intent to complete crack sealing by area. Therefore, it was beneficial to include the cul-de-sacs, so as not to have to return to those areas at a later time for the minor work. Page 10 of 78 The work is now complete and staff recommends City Council's acceptance of this work. Page 11 of 78 t = c� x NI 11 G 2015 MCK SW WE O1—W-7015 M m CITY OF P.ASCO 2015 CRACK SEAL PROJECT a � 1 i L'xlr.f-t'c.fruatllf lN7 'ro'L2,txt' —IL _. Ma 4 r RESOLUTION NO. A RESOLUTION ACCEPTING WORK PERFORMED BY STRIPE RITE, INC., UNDER CONTRACT FOR THE 2015 CRACK SEAL PROJECT. WHEREAS, the work performed by Stripe Rite, Inc., under contract for the 2015 Crack Seal project has been examined by Engineering and has been found to be in apparent compliance with the applicable project specifications and drawings, and WHEREAS, it is Engineering's recommendation that the City of Pasco formally accept the contractor's work and the project as complete; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, that the City Council concurs with Engineering's recommendation and thereby accepts the work performed by Stripe Rite, Inc., under contract for the 2015 Crack Seal project, as being completed in apparent conformance with the project specifications and drawings, and Be It Further Resolved, that the City Clerk is hereby directed to notify the Washington State Department of Revenue of this acceptance, and Be It Further Resolved, that the final payment of retainage being withheld pursuant to applicable laws, regulations and administrative determination shall be released upon satisfaction of same and verification thereof by the Public Works Director and Finance Manager. PASSED by the City Council of the City of Pasco this 3rd day of August, 2015. Matt Watkins Mayor ATTEST: Debra L. Clark City Clerk APPROVED AS TO FORM: Leland B. Kerr City Attorney Page 13 of 78 AGENDA REPORT FOR: City Council June 30, 2015 TO: Dave Zabell, City Manager Regular Meeting: 8/3/15 Rick White, Director Community & Economic Development FROM: Dave McDonald, City Planner Community & Economic Development SUBJECT: STREET VACATION: A Portion of West Washington Street (MF# VAC 2015-011) I. REFERENCE(S): Overview Map Vicinity Map Proposed Resolution Vacation Petition H. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to approve Resolution No. , setting 7:00 P.M., Tuesday, September 8, 2015, as the time and date to conduct a public hearing to consider vacating a portion of West Washington Street. III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: Property owners in Block 31, Riverside Addition, have petitioned for the vacation of the south 10 feet of West Washington Street adjacent to their property. The petition requires the City Council to fix a public hearing to consider the vacation request. The earliest regular City Council meeting available for a public hearing, which provides the statutory 20 -day hearing notice, is September 8, 2015. V. DISCUSSION: Page 14 of 78 Item: ROW Vacation Ptn. of Washington Overview Applicant: Roberto Contreras N Map File #. VAC 2015-011 -L M y. ZU) < ' m wr -I ao I Y U O i Cn ... i r / IT a bib aD o R Vicinity Item: ROW Vacation Ptn. of Washington Analicant: Roberto Contreras (N Map File #-- VAC ? 015-011 ham, a yrs �'iNr 30001, SITE RESOLUTION NO. A RESOLUTION FIXING 7:00 PM, SEPTEMBER 8, 2015 AS THE TIME AND DATE FOR A PUBLIC HEARING TO CONSIDER THE VACATION OF A PORTION OF WEST WASHINGTON STREET. WHEREAS, from time to time in response to petitions or in cases where it serves the general interest of the City, the City Council may vacate rights-of-way; and WHEREAS, R.C.W. 35.79 requires public hearings on vacations to be fixed by Resolution, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO: That a public hearing to consider vacating the south 10 feet of West Washington Street adjacent to Block 31, Riverside Addition, will be held before the City Council of the City of Pasco in the Council Chambers at 525 N. Third Avenue, Pasco, Washington, at the hour of 7:00 p.m., on September 8, 2015. That the City Clerk of the City of Pasco give notice of said public hearing as required by law. Passed by the City Council of the City of Pasco this 3r`' day of August, 2015. Matt Watkins Mayor ATTEST: Debra L. Clark, City Clerk APPROVED AS TO FORM: Leland B. Kerr City Attorney Page 17 of 78 l CITY OF PASCO STREET/ALLEY VACATION PETITION FEE $200 MASTER FILE # "� I - t DATE SUBMITTED: U1 I, we the undersigned, owners of two-thirds of the privately owned abutting property hereby petition the City Council of the City of Pasco to vacate the following described street/alley rights -,of --way: 4 APPLICANT: Print Name: Sign Name: Address: Phone # Date Print Name: Sign Name: Date r Print Name: PROPERTY OWNED (Legal Description) Sign Name: Date Print. Name: � nk,,,c —I, Sign Nam Date Print Name: Sign Name: Date sr Page 18 of 78 AGENDA REPORT FOR: City Council TO: Dave Zabell, City Manager FROM: Rick Terway, Director Administrative & Community Services SUBJECT: Yard and Business of the Month Awards I. REFERENCE(S): July 23, 2015 Regular Meeting: 8/3/15 IL ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Mayor Watkins to present Certificates of Appreciation for July 2015 "Yard of the Month" and "Business Appearance of the Month" to: Edgar & Maria Rendon, 947 W. Ruby Street Angel & Maria Taboada, 4212 W. Brown Place Karl & Linda Lewis, 4418 St. Paul Court Richard & Carla Dowd, 8707 Oliver Drive Cousin's Restaurant, 4605 Road 68 III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: V. DISCUSSION: Page 19 of 78 m - CD n' CD O� CCD X 1.0 '7Z �(D 0 aqCD ~ �L ((�D D o° fD �. m X � rt CD rr CD O O CD m � A� �9 0 a �~I CD n I' 0 n 0 ►�h CD O m O 'I O rt O cn CD CD n rt arm Page 20 of 78 N O lD A' O� CD rD X 0 C1q CD rt CD N fD � W (D O O N rt � � O rD �L (D m w � `C Iz 0 1%1 x� 4 0 x i 7.1/ (--�• L= IN Page 21 of 78 W G CD n' G CD lD r r -r � -LCD x X CL o � C O rt fD O (D ¢, m 0 M 0 �n 4 0 x �I c—r— C.� Page 22 of 78 � o0 � y d o � �I c—r— C.� Page 22 of 78 M p cn y �I c—r— C.� Page 22 of 78 �� M n' O� ((D rr+ (D X o�rD 0 rL rD tD ( (D rh � o � ti) n o (CD (D rr (D rt (CD O O (DD �L O (D cn O•' � 0 x �I CD n 0 n O O m n O cn O rt O CD M rt c� Page 23 of 78 � O V d O 0 d M �I CD n 0 n O O m n O cn O rt O CD M rt c� Page 23 of 78 n' O� fp X �(D M 0 Crq g� C aq O � o � W M o o o �l r CD � � O M rD o ° � � O P Iz r -t - Page 24 of 78 AGENDA REPORT FOR: City Council July 29, 2015 TO: Dave Zabell, City Manager Regular Meeting: 8/3/15 FROM: Rick Terway, Director Administrative & Community Services SUBJECT: Peanuts Park/Fanner's Market Area Smoking Ban I. REFERENCE(S): Proposed Ordinance II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to adopt Ordinance No. , amending Section 9.48.245 "Smoking at or near Park Shelters, Playgrounds and Pools Prohibited" and, further, authorize publication by summary only. III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: In 2014, Council adopted Ordinance No. 4158, amending PMC 9.48.245, prohibiting smoking and tobacco use within 25 feet of park shelters, playgrounds, including water playgrounds, and swimming pools. This has been successful in limiting smoking around areas where children and families generally congregate. V. DISCUSSION: The redevelopment of Peanuts Park, including the Farmer's Market area, will be significant in the efforts of the City, DPDA and area business owners to reshape and revitalize Downtown Pasco. A critical element of the approach is the promotion of public spaces and events which are family -friendly, safe and comfortable for all participants and visitors. The park pedestrian and seating areas, the Farmers Market and supporting parking are well integrated and together make up a public space, or urban park, consistent with Council's vision for downtown. Page 25 of 78 With the open air food displays, eating areas and the close proximity of businesses and vendors coupled with the park's relatively small footprint and large number of users, it is prudent to ban smoking and tobacco use. Additionally, the area has become increasingly difficult for Parks staff to maintain due to the amount of extinguished and unextinguished cigarettes strewn around walking, seating, and planting areas of the park where users congregate. Because of these conditions and the frequent existence of cigarette smoke in this small area, other users are discouraged from using the park. A ban on smoking in this small urban park will result in a cleaner, healthier, safer and more desirable place to recreate, help to improve the image of the downtown, and make it more welcoming for all users of the park. As a side note, for the purpose of regulating land use and other activities in the downtown core, it is important to maintain a consistent definition of the park as shown on Exhibit 'A' attached to the proposed ordinance. Staff recommends adoption of the proposed ordinance. Page 26 of 78 ORDINANCE NO. AN ORDINANCE of the City of Pasco, Washington, Amending Section 9.48.245 "Smoking at or Near Park Shelters, Playgrounds and Pools Prohibited" WHEREAS, the voters of the State of Washington, by Initiative 901, have prohibited smoking in public places; and WHEREAS, the Washington legislature in adopting the terms of Initiative 901, has enacted Chapter 7.160 RCW prohibiting smoking in public places; and WHEREAS, the City by enactment of PMC Chapter 6.10 has prohibited smoking in public places recognizing the threat of the harmful effects of tobacco not only in the consumer, but those who come in contact with secondhand smoke; and WHEREAS, the City will be undertaking the improvement of "Peanuts Park" which includes that area known as the "Fanners Market" as urban park and due to their confined location between the existing commercial building; the "Farmers Market" covered awning which limits the natural circulation of air within the Park; and close proximity to commercial entrances, exits, windows and ventilation outlets, which by law, prohibits smoking within twenty-five (25) feet thereof, such confined spaces creates a greater exposure to the harmful effects of tobacco smoke, therefore, requiring the prohibition of smoking within this Park. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. That Section 9.48.245 entitled "Smoking at or Near Park Shelters, Playgrounds and Pools Prohibited" of the Pasco Municipal Code, shall be and hereby is amended and shall read as follows: 9.48.245 SMOKING AT SPECIFIED PARKS, PUBLIC PLACES, OR NEAR PARK SHELTERS, PLAYGROUNDS, AND POOLS ATHLETIC FIELDS AND RESTROOMS PROHIBITED. AA Smoking as defined by PMC 6.10.020 and tobacco use is prohibited within Peanuts Park and the "Farmers Market" as designated on Exhibit A attached hereto B) Smoking and tobacco use is prohibited 4 er within twenty five (25) feet of the perimeter of all park shelters, playgrounds (including water playgrounds), or -swimming pools, athletic fields and restrooms. C) Such places are specifically designated as "public places" as defined by PMC 6.10.020. (Ord. 4158, 2014.) Ordinance Amending PMC 9.48.245 - 1 Page 27 of 78 Section 2. This Ordinance shall take full force and effect five (5) days after its approval, passage and publication as required by law. PASSED by the City Council of the City of Pasco, Washington, and approved as provided by law this day of , 2015. Matt Watkins, Mayor ATTEST: APPROVED AS TO FORM: Debbie Clark, City Clerk Leland B. Kerr, City Attorney Ordinance Amending PMC 9.48.245 - 2 Page 28 of 78 Ma m r� m x Cr rNIOL of 78 AGENDA REPORT FOR: City Council July 23, 2015 TO: Dave Zabell, City Manager Regular Meeting: 8/3/15 Rick White, Director Community & Economic Development FROM: Shane O'Neill, Planner I Community & Economic Development SUBJECT: Franklin PUD Solar Project (MF# SP 2015-006) I. REFERENCE(S): Vicinity Map Proposed Resolution Report to the Planning Commission Planning Commission Minutes: Dated: 6/18/15 & 7/16/15 II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION:I move to approve Resolution No. , approving the special permit for the location of a community solar system at 1411 W. Clark Street, as recommended by the Planning Commission. III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: On June 18, 2015 the Planning Commission conducted a public hearing to determine whether or not to recommend a special permit be granted for the location of a community solar system in a C-1 zone at 1411 W. Clark Street.. Following the conduct of the public hearing, the Planning Commission reasoned that with conditions, it would be appropriate to recommend approval of a special permit for the automobile and off-road vehicle sales business. The recommended conditions are contained in the attached Resolution. Page 30 of 78 No written appeal of the Planning Commission's recommendation has been received. V. DISCUSSION: Page 31 of 78 Vicinity Item: Special Permit - Solar Project Applicant: Franklin PUD N Map File #: SP 2015-006 I h #!_ -J w BONNEVIL ST aI --- CLARK ST LEN YI ST a ''17ri- AI - L� RESOLUTION NO. A RESOLUTION ACCEPTING THE PLANNING COMMISSION'S RECOMMENDATION AND APPROVING A SPECIAL PERMIT FOR THE LOCATION OF A COMMUNITY SOLAR SYSTEM AT 1411 W. CLARK STREET. WHEREAS, Franklin PUD, submitted an application for the location of a community solar system at 1411 W. Clark Street (Tax Parcel 112-271-409); and, WHEREAS, the Planning Commission held a public hearing on June 18, 2015 to review the proposed community solar system; and, WHEREAS, following deliberations on July 16, 2015 the Planning Commission recommended approval of a Special Permit for the proposed community solar system with certain conditions; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO: 1. That a Special Permit is hereby granted to the Franklin PUD for the location of a community solar system in a C-1 (Retail Business) District under Master File # SP2015-006 with the following conditions: a) This Special Permit shall apply to the west half of Block 6 and all of Block 5, Pettit's Second Addition (Franklin County Tax Parcel 112271409); b) The site shall be developed in substantial conformance with the site plan submitted with the Special Permit application; C) The Special Permit shall be null and void if a building permit has not been obtained by August 1, 2016. Passed by the City Council of the City of Pasco this 3rd day of August, 2015. Matt Watkins, Mayor ATTEST: Debra L. Clark, City Clerk APPROVED AS TO FORM: Leland B. Kerr, City Attorney Page 33 of 78 REPORT TO PLANNING COMMISSION MASTER FILE NO: SP 2015-006 APPLICANT: Franklin PUD HEARING DATE: 6/18/2015 1411 W. Clark Street ACTION DATE: 7/16/2015 Pasco, WA 99301 BACKGROUND REQUEST FOR SPECIAL PERMIT: Location of a Community Solar System in a C-1 Zone 1. PROPERTY DESCRIPTION: Legal: The west half of Block 6 and all of Block 5, Pettit's Second Addition General Location: 1411 W Clark Street Property Size: Approximately 2.73 acres 2. ACCESS: The site has access from Clark Street, 14th Avenue and Bonneville Street. 3. UTILITIES: Water lines are located in Bonneville Street, 14th Avenue and transect the site through the parking lot. A sewer line comes into the site from the southwest corner (at 14th Ave. and Clark St.) and a sewer line borders the east property line in an alley. The proposed solar system will not require sewer or water services. 4. LAND USE AND ZONING: The property is zoned C-1 (Retail Business). The zoning and land use of the surrounding properties are as follows: NORTH: R -1/R-2 Library EAST: R-2 Single & Multi -Family Residences SOUTH: C -1/C-3 Residential/ Commercial WEST: R-1 Single -Family Residences 5. COMPREHENSIVE PLAN: The site is designated in the Comprehensive Plan for future Public/Quasi-Public Government uses. The Plan does not specifically address community solar system facilities, but elements of the Plan encourage the promotion of orderly development within the City. The Comprehensive Plan (UT -2-A) encourages coordination between utility providers' plans for utilities with City land use plans and development permits. Policy UT -2-13 also encourages the design of utility substation to be consistent adopted codes and standards. 6. ENVIRONMENTAL DETERMINATION: The City of Pasco is the lead agency for this project. Based on the SEPA checklist, the adopted City Page 34 of 78 Comprehensive Plan, City development regulations, and other information, a threshold determination resulting in a Determination of Non -Significance (DNS) has been issued for this project under WAC 197- 11-158. ANALYSIS The local Public Utility District (Franklin PUD) has applied for special permit approval to allow installation of a 60 kilowatt photovoltaic (solar) panel array in the parking lot of the PUD office on Clark Street. The PUD falls under the definition of a community service facility and the proposed modification to the PUD site is considered an unclassified use under PMC 25.86.020 (10) as it is a community service facility. Unclassified uses require special permit review before being issued a building permit. The PUD facilities have been located at the northeast corner of 14th Avenue and Clark Street for approximately 50 years. The offices, auditorium and most recently the shop and parking addition have been an accepted part of the neighborhood. The operations of the PUD facilities have not permitted any condition to occur that interferes or obstructs with the free use of neighboring properties. Additionally, no activity on the PUD site has created any condition that would render a neighbor insecure in the use of his/her property or would impose a health or safety concern that would injure or endanger the comfort, repose, health and safety of others. Apart from the initial construction activity, the solar array will not generate additional traffic, dust, noise, fumes or night lighting. Depending on construction materials the solar panels may create some glare. However the properties directly to the south of the solar installation are commercial businesses that are not as sensitive to glare as other types of development. There have been no reports or complaints about glare from the existing solar panels that line the south and west walls of the PUD offices. The solar array will be constructed as an elevated structure and will serve as a shaded carport covering twenty-six (26) parking stalls toward the east side of the site. The panels will be elevated at least 9 feet off the surface of the parking lot. Residents of Pasco will have an opportunity to invest in the solar system; thereby securing ownership of a defined surface area of the solar panels. The surface area will equate to units (kilowatt hours) of electric energy production which in -turn results in a PUD bill credit and an annual State incentive program cash payment. 2 Page 35 of 78 FINDINGS OF FACT Findings of fact must be entered from the record. The following are initial findings drawn from the background and analysis section of the staff report. The Planning Commission may add additional findings to this listing as the result of factual testimony and evidence submitted during the open record hearing. 1. The site is located at 1411 W Clark Street. 2. The site is accessed from Clark Street, Bonneville Street and 14th Avenue. 3. Currently the site is approximately 2.73 acres in size. 4. Municipal sewer and water currently serve the site from the surrounding rights-of-way. 5. The site contains the Franklin County Public Utility District main office and Engineering shop. 6. The PUD has been located at the northeast corner of 14th Avenue and Clark Street for 50 years 7. The site is zoned C-1 (Retail Business) . 8. The properties south of the solar installation site are zoned C-1 and developed with a commercial/ industrial tool supply store and a tire repair store. 9. The PUD offices contain solar panels. 10. The current solar panels on the PUD offices have not created glare problems for the neighborhood. 11. Installation of a solar photovoltaic system will not to generate additional vehicle traffic to the site after the initial construction is completed. 12. The site contains 118 off-street parking stalls. CONCLUSIONS BASED ON THE FINDINGS OF FACT Before recommending approval or denial of a special permit the Planning Commission must develop findings of fact from which to draw its conclusion based upon the criteria listed in P.M.C. 25.86.060 and determine whether or not the proposal: (1) Will the proposed use be in accordance with the goals, policies, objectives and text of the Comprehensive Plan? The PUD use of the proposed site is consistent with the land use map designation of Public/Quasi-Public Government uses. The Plan does not specifically address community solar system facilities, but elements of the Plan encourage the promotion of orderly development within the City. The Comprehensive Plan (UT -2-A) encourages coordination between utility providers' plans for utilities with City land use plans and development 3 Page 36 of 78 permits. Policy UT -2-13 also encourages the design of utility substation to be consistent adopted codes and standards. (2) Will the proposed use adversely affect public infrastructure? The proposed solar facility does not require water and sewer service and does not generate traffic. The proposed use will support the electric utility in that it will produce power rather than consume power. (3) Will the proposed use be constructed, maintained and operated to be in harmony with existing or intended character of the general vicinity? The existing PUD facility has defined the general character of the neighborhood for 50 years. The current PUD office contains solar panels. The proposed solar panels will augment the existing solar equipment on the PUD property. The existing character of the general neighborhood will not be altered by the proposal. (4) Will the location and height of proposed structures and the site design discourage the development of permitted uses on property in the general vicinity or impair the value thereof? The height of the proposed structure (9 feet) will be less than the height of the existing buildings on the property and less than the height of the commercial buildings to the south. The existing PUD facilities have not discouraged development of surrounding properties nor have they impaired neighborhood values. The PUD site is separated from surrounding properties by streets and an alley so building heights and setbacks are less of an issue than they would be if the site actually abutted other properties. (5) Will the operations in connection with the proposal be more objectionable to nearby properties by reason of noise, fumes vibrations, dust, traffic, or flashing lights than would be the operation of any permitted uses within the district? There will be some initial traffic and noise associated with construction activities but, likely no more noise than what is generated from the tire repair store to the south. The operation of the solar panels will not create fumes, noise, vibrations, dust, traffic or flashing lights. The only concern with the proposal maybe the possibility of glare from the solar panels. However, from the experience with the existing solar panels on the PUD office building glare has not been an issue. In this case the panels will be arranged differently but, will be elevated such that there will be no glare that will impact vehicular traffic on surrounding streets. 4 Page 37 of 78 (6) Will the proposed use endanger the public health or safety if located and developed where proposed, or in any way will become a nuisance to uses permitted in the district? The operations of the existing PUD facilities including the solar panels on the main office building have not created health and safety issue and nor have they become a nuisance to adjoining properties. APPROVAL CONDITIONS 1) This Special Permit shall apply to the west half of Block 6 and all of Block 5, Pettit's Second Addition (Franklin County Tax Parcel 112271409); 2) The site shall be developed in substantial conformance with the site plan submitted with the Special Permit application; 3) The Special Permit shall be null and void if a building permit has not been obtained by August 1, 2016. RECOMMENDATION MOTION for Findings of Fact: I move to adopt findings of fact and conclusions therefrom as contained in the July 16, 2015 staff report. MOTION for Recommendation: I move based on the findings of fact and conclusions as adopted the Planning Commission recommend the City Council grant a special permit for community solar system on tax parcel # 112-271-409 with conditions as contained in the July 16, 2015 staff report. 5 Page 38 of 78 Vicinity Item: Special Permit - Solar Project Applicant: Franklin PUD N Map File #: SP 2015-006 u .F � O — 00 r •- S ST SLT BONNEVIL w P d"LADIZ' ST LEWI ST a ST Kx `41 d so-, -; " ' �11 00 i Land Use Item: Special Permit - Solar Project Applicant: Franklin PUD N Map File #: SP 2015-006 City Park OPKINS S Library BONNF,VII,I,F, ST Residential omm 19 113 G LEWIS ST CLARK ST Res. Comm. Residential r Comm. Co��iY Commercial Zoning Item: Special Permit - Solar Project Applicant: Franklin PUD N Map File #: SP 2015-006 R-1 (Low -Density Residential BONNEVILLE ST � � I I I I I I I I I I I I I I � S R:2 lr� (Medium-Densit Resl idential) OPKINS S 7---\ rk yl I I L x LEwis ST co CLARK ST C-1 C-3 (General Business) �G �4 C-1 (Retail Business) I Looking North low- ing South Looking West South Wall Panels West Wall Panel 11� R If elevated and used to cover parking, community solar system would look similar to this but smaller. (One double -sided row would be covered.) ot Planning Commission Minutes 6/18/2015 A. Special Permit Location of a Community Solar System in a C- 1 Zone (Franklin PUD) (MF# SP 2015-006) Chairman Cruz read the master file number and asked for comments from staff. Dave McDonald, City Planner, discussed the special permit application for the location for a community solar system in a C-1 zone. The proposed site is on the eastern most parking lot of the PUD property at the corner of 14th Avenue and Clark Street. The PUD has been at this location for roughly 50 years so they are well established within the neighborhood and well accepted. The PUD itself is classified as a service facility because of the public/ governmental nature of the facility so anything they do requires a special permit. In addition to that the proposed solar array is similar to other utility facilities that also require special permit review. The array will be covering a row of parking stalls and will be angled slightly towards the south. In preparing the report, Staff inquired about a possible problem with glare from the solar panels, but due to the location of the panels above the parking lot glare should not be much of a problem. The PUD building itself has a number of solar panels attached to the building and there haven't been any complaints regarding glare from these existing panels. Commissioner Khan asked if the solar panels would increase the temperature in the surrounding area. Mr. McDonald answered that it depends on how they are set up. They have had problems in California and Nevada where they have large facilities but, this will not be the same situation. There haven't been any problems with the solar panels that are currently on the building itself. Commissioner Khan didn't know how it would handle the Tri -Cities summer sun. Mr. McDonald responded that it would actually provide some shade for the parked vehicles. Commissioner Bowers added that she thinks it would be an asset for those who have to park because of the added shade and could lower the temperature. Commissioner Khan stated that she was only concerned about the neighboring homes getting any additional heat. Chairman Cruz responded that he didn't think there would be an issue with the additional heat in terms of this design. Page 50 of 78 Todd Blackman, 7428 Deseret Drive, spoke on this item, representing Franklin PUD. Commissioner Portugal asked if the residents in the City of Pasco would have an opportunity to invest on the solar panels. Mr. Blackman answered that the array would be owned by the utility but the output owned by citizens who buy into the system. Franklin PUD anticipates more demand than available with this first project so a "lottery" will be held and current customers will all get a chance to participate in the lottery. Commissioner Portugal asked if the shares would be advertised to the public. Mr. Blackman responded that they have sent mail outs to all account holders and other forms of media. Commissioner Portugal asked if the PUD has anything to compare their program to. Mr. Blackman stated that their plans will hopefully be even better than prior solar projects in other communities. Typically they are ground mounted systems taking up real estate, where this unit does not take up space and will provide shade and deflect heat. Commissioner Bowers asked for clarification on the "community investment". Mr. Blackman answered that they would be investing in this particular solar system. Commissioner Bachart asked if a person buys into a share if they are entitled to tax breaks. Mr. Blackman stated that is what makes this program work - Washington State Production Credits. The pay back for investing would be around four years. Commissioner Bachart asked how that would work, such as, would a check be sent or would the amount be taken off of the bill. Mr. Blackman responded that customers would get a check for their production and throughout the year they would also get a net -meter benefit of whatever the size of their system is offsetting energy use in their home. Since the system and the meter isn't actually on their house, they wouldn't see the energy actually run to the grid but the PUD can calculate it. Page 51 of 78 Commissioner Khan asked if this is only applicable for people for Franklin PUD customers. Mr. Blackman answered that to participate you only need an account with Franklin PUD. Commissioner Polk asked if this is a pilot for future modules like this in the Tri - Cities. Mr. Blackman responded that he hopes so. Commissioner Mendez asked if there was an initiative to reach out to surrounding homeowners to let them know what is about to take place and give them a chance to voice concerns. Mr. Blackman stated that the PUD will be holding a public hearing, the date is to be determined since this is still early in the planning process. So far the only public participation has been at board meetings. Commissioner Bowers stated that she would like to see those outreach meetings to take place in Spanish as well. Mr. Blackman responded that their department is bilingual and the first point of contact will be a bilingual staff person. The direct mailers that will be sent will be in English and Spanish. Rick White, Community & Economic Development Director, added that the Planning Commission Public Hearing was also advertised to homeowners within 300 feet of the PUD. Commissioner Mendez pointed out a correction that needed to be made to the staff report under one of the conditions (#6). Mr. McDonald stated that would be corrected. With no further comments the public hearing closed. Commissioner Khan moved, seconded by Commissioner Polk, to close the hearing on the proposed solar system and initiate deliberations and schedule adoption of findings of fact, conclusions and a recommendation to the City Council for the July 16, 2015 meeting. The motion passed unanimously. Page 52 of 78 Planning Commission Minutes 7/16/2015 A. Special Permit Location of a Community Solar System in a C-1 Zone (Franklin PUD) (MF#2015-006) Chairman Cruz read the master file number and asked for comments from staff. Dave McDonald, City Planner, discussed the special permit for the location of a community solar system in a C-1 zone. There were no additional comments since the previous meeting. Commissioner Khan moved, seconded by Commissioner Polk, to adopt the findings of fact and conclusions therefrom as contained in the July 16, 2015 staff report. The motion passed unanimously. Commissioner Khan moved, seconded by Commissioner Polk, based on the findings of fact and conclusions as adopted the Planning Commission recommend the City Council grant a special permit for a community solar system on tax parcel # 112-271-409 with conditions as contained in the July 16, 2015 staff report. The motion passed unanimously. Page 53 of 78 AGENDA REPORT FOR: City Council July 28, 2015 TO: Dave Zabell, City Manager Regular Meeting: 8/3/15 FROM: Stan Strebel, Deputy City Manager SUBJECT: Meeting with Pasco Public Facilities District I. REFERENCE(S): Report on Activities of Regional Public Facilities District from Deputy City Manager dated July 28, 2015 II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Discussion III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: In April, Mark Morrissette, President of the Pasco Public Facilities District (PFD) presented the PFD annual report to the Council. At the conclusion of his presentation, Mr. Morrissette indicated that since the August 2013 election on the aquatics facility, which was approved by Pasco voters, but not supported by majorities in either Richland or Kennewick, the Pasco PFD has been in a state of transition and reflection about what its future role should be, specifically with respect to public facilities to serve the community. It was suggested that it would be helpful for the PFD Board members to have a "conversation" with the Council, or possibly a committee thereof, as a means of helping the Pasco PFD move forward. As Council is aware, three of its members, Mr. Watkins, Ms. Francik and Mr. Martinez, are currently serving as members of the Regional Public Facilities District (RPFD) Board, and the RPFD has been undertaking a process of its own to determine an appropriate way or project(s) to serve the Tri -Cities community, going forward. V. DISCUSSION: Per Council's request, staff has prepared a memorandum on the recent activities of the Page 54 of 78 Regional Public Facilities District, per attached. Page 55 of 78 I -UV_ __ u_ i _l�l-_ ► 1 U July 28, 2015 TO: City Council FROM: Stan Strebel, Deputy City Manager RE: Report on Activities of Regional Public Facilities District Since the unsuccessful election for the proposed aquatics facility in August 2013, the Tri -Cities Regional Public Facilities District (RPFD) has been in the process of evaluating the election and the implications of the outcome for the District. The Board has reorganized with a number of new members and new officers. The RPFD Board has also been watching events and discussions within the community; as well as receiving considerable public comments regarding its possible role in facilitating the funding of future regional projects. In particular, the Board has followed the efforts of the Kennewick PFD to gain public support for expansion of the Three -Rivers Convention Center; the discussions that have taken place with respect to redevelopment of Vista Field by the Port of Kennewick; and has, most recently, appointed Board members to participate in the `Brand Implementation Leadership Team" (BILT) efforts sponsored by Visit Tri -Cities, TRIDEC and the Tri -City Regional Chamber of Commerce to develop actions, events and facilities that were identified by the consultant in the "Branding" study completed recently by the three organizations. One of the BILT committees is specifically focused on public facilities and venues that were identified as needed in the Tri - Cities. In summary, the RPFD has been reflecting, listening, watching and waiting to see if there will arise an opportunity for the community to use the potential funding mechanism that the RPFD could provide the Tri -Cities, with voter approval. It would appear that the options available to the community consist of two primary alternatives; keeping in mind that each of the local PFDs and the RPFD has access to up to .02% sales tax authority, subject to voter approval, and shared — such that if any one of the local PFDs implements either a.0 I %or a.02% tax, the potential tax authority of the RPFD would be reduced by the amount of such tax. Likewise, if the RPFD gained voter approval for a sales tax, the amount available for a local PFD would be reduced by that amount. 1. The first alternative is to try to identify a project (or more) that would fit within .01% sales tax funding which is currently estimated at $3.8 million annually and offers the potential for the capital financing (but not operation) of a project(s) of approximately $56 million (see attached table). This approach would leave the remaining .01 % sales tax capacity to the local PFDs. If only one project were selected, the community may struggle with the reality that such a facility could only be located in one of the communities and may be perceived as only satisfying one of the perceived facility needs of the community. Page 56 of 78 Memorandum TO: City Council FROM: Stan Strebel, Deputy City Manager July 28, 2015 Page 2 2. The second alternative — proposing a sales tax utilizing the full .02% offers a stronger possibility for the development of multiple facilities serving a broader community of interest. Though such an approach, if voter approved, would eliminate the tax capacity of local PFDs for the life of any tax so implemented, it may provide the opportunity to develop a package of facilities which could gain voter acceptance by addressing multiple priorities, albeit at a higher price tag. Such a package, of course, could include projects favored or sponsored by the local PFDs (i.e., Kennewick PFD — Convention Center expansion; Richland PFD — Reach Interpretative Center expansion), In either alternative, the RPFD and the local PFDs are indispensable partners because they share the same access/limits to funding and serve the same public. Given this important inter -relationship it seems critical that the RPFD and PFD Boards continue to maintain open communications and share concepts and ideas on a regular and ongoing basis. SS/tlz attachment Page 57 of 78 REGIONAL PUBLIC FACILITIES DISTRICT POTENTIAL BONDING CAPACITY City 2014 Taxable Sales Richland $ 1,041,223,862 Kennewick $ 1,768,985,161 Pasco $ 1,016,794,531 Possible Sales Tax Revenue 0.20% 0.10% $ 2,082,447.72 $ 1,041,223.86 $ 3,537,970.32 $ 1,768,985.16 $ 2,033,589.06 $ 1,016,794.53 Total $ 3,827,003,554 $ 7,654,007.11 $ 3,827,003.55 Sales Tax information from the Washington Department of Revenue: "TaxabCe Retail Sales and Unit Count For All Cities and Counties in Washington State by Calendar Year Comparison" Bond Proceeds Based On Annual Revenue for Debt Service Term $7.5 Million (.2%) $3.6 Million (.1%) 20 years $104,737,640 $50,262,500 25 years $116,894,110 $56,096,322 Assumes "A" Bond Rating; Current 2015 Interest Rates; Bond proceeds, net of expenses Page 58 of 78 Regional Sales History % Change 2008 $ 3,122,412,791 2009 $ 3,031,527,473 -2.9% 2010 $ 3,177,331,659 4.8% 2011 $ 3,352,366,298 5.5% 2012 $ 3,399,186,592 1.4% 2013 $ 3,646,094,080 7.3% 2014 $ 3,827,003,554 5.0% AVG $ 3,365,131,778 Page 58 of 78 AGENDA REPORT FOR: City Council July 27, 2015 TO: Dave Zabell, City Manager Regular Meeting: 8/3/15 FROM: Stan Strebel, Deputy City Manager SUBJECT: Multi -Agency Three Rivers Information & Communicaton Services (MATRICS) Interlocal Agreement I. REFERENCE(S): Interlocal Agreement II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to approve the Interlocal Agreement for the creation of the Multi - Agency Three Rivers Information & Communication Services (MATRICS) with the cities of Richland and Kennewick, and Benton and Franklin Counties. III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: The City has been working in concert with Franklin and Benton Counties and the cities of Kennewick and Richland toward the consolidation of the two Public Safety Answering Points (PSAPs) serving these agencies and others in the Tri -Cities region since 2007. Currently, law enforcement agencies in Benton County are dispatched by a PSAP operating on an 800 MHz frequency, while agencies in Franklin County are dispatched by a PSAP operating on VHF frequencies, the result being, that police officers from the two counties are unable to reliably and efficiently communicate with one another by radio. The lack of interoperability between the two radio systems is constant and during interagency incidents, represents a safety issue for the officers involved and the public. Consolidation of the two PSAPs into one, operating on an 800 MHz platform, is a City Council goal. The consolidation process has yielded the attached interlocal Agreement (Agreement) for Council consideration which establishes an organization called Multi - Agency Three Rivers Information & Communication Services or MATRICS. V. DISCUSSION: Page 59 of 78 After several months of negotiations among the prospective MATRICS partner agencies, the Pasco City Council, at its March 3, 2015 meeting, considered and approved an interlocal agreement developed by the members of the MATRICS Steering Committee to formally create MATRICS. While the other cities followed suit, the Agreement was not ratified by all parties. Subsequent discussions and negotiations have resulted in a revised interlocal Agreement which meets the preliminary approval of all MATRICS steering committee representatives and is ready for consideration by the various legislative bodies. In terms of obligations of the City of Pasco and prospective MATRICS partner agencies, the revised Agreement is consistent with the version approved by Council earlier this year. The bulk of the revisions are clarifications of earlier language to minimize the possibility of future misinterpretation. If approved by all Member Agencies, the proposed Agreement will serve as the framework for the consolidation of the two PSAPs through the establishment of MATRICS. MATRICS will serve as the vehicle through which the member agencies can effectively and efficiently meet their needs for public safety communications, records retention and usage, information technology, and other approved functions. If ratified, MATRICS shall create and approve by-laws consistent with the terms provided in the Agreement. Initial membership of the corporation is limited to the Member Agencies participating in this Agreement; however, the Agreement makes provision for the inclusion of future member agencies. The proposed Agreement establishes that governance of MATRICS will be carried out by a Board of Directors ('Board") composed of one member appointed by each of the legislative bodies of the various Member Agencies. Approval and execution of the Agreement by the Member Agencies is a major step toward consolidation of the two PSAPs serving the Tri -Cities region, and lays the groundwork for subsequent agreement(s) to resolve other matters relating to consolidation (e.g. potential "buy in" costs, transfer of equipment and/or technology, personnel, etc.). Staff recommends approval of the Agreement. Page 60 of 78 2015 INTERLOCAL COOPERATION AGREEMENT FOR MULTI -AGENCY THREE RIVERS INFORMATION & COMMUNICATION SERVICES (MATRICS) This 2015 Interlocal Cooperation Agreement for Multi -Agency Three Rivers Information and Communications Services ("Agreement") is entered into by and between the Cities of RICHLAND, KENNEWICK and PASCO, and the Counties of BENTON and FRANKLIN (collectively, the "Member Agencies"), and shall be effective on the date on which it has been adopted and executed by the legislative authority of the last approving Member Agency. RECITALS WHEREAS, Chapter 39.34, RCW (Interlocal Cooperation Act) permits local government units to make the most efficient use of their powers by enabling them to cooperate with other localities and thereby to provide services and facilities in a manner that will accord best with geographic, economic, population, and other factors influencing the needs and development of local communities; and WHEREAS, various municipalities, agencies, and entities located within the Counties of Benton and Franklin recognize the benefit the public would receive from providing consolidated emergency and public safety communications, records, and information technology to maximize efficiency and effectiveness of service to the public at minimum cost; and WHEREAS, partial consolidation has been realized under the Bi -County Police Information Network (BI -PIN) Interlocal Agreement and the Benton County Emergency Services (BCES) Interlocal Agreement; and WHEREAS, the undersigned Member Agencies desire to move towards the creation of a single services management organization to provide law enforcement, fire and emergency medical services, communications technology, and related support services to the participants of this Agreement as the most effective and economical method to support each of the Member Agencies' respective constituents; and WHEREAS, to these objectives these Member Agencies are, or will be, committing themselves by appropriate legislative action. AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants contained herein, upon approval of each of the Member Agencies in accordance with RCW 39.34: 1. CREATION OF MATRICS. The Multi -Agency Three Rivers Information and Communication Services (hereinafter "MATRICS") is hereby created to allow all current and future Member Agencies to effectively and efficiently meet their combined needs for public MATRICS Interlocal —July 2015 Page 1 Page 61 of 78 safety communications, records retention and usage, information technology, and other approved functions. MATRICS, a public body, being an instrumentality of its members, shall be organized as a nonprofit corporation under Chapter 24.06 RCW as authorized by the Interlocal Cooperation Act, Chapter 39.34 RCW. Upon incorporation, MATRICS shall create and approve bylaws consistent with the terms provided herein. Membership of the corporation shall be limited to the Member Agencies participating in this Agreement. 2. ASSIGNMENT OF CONTRACTS, RIGHTS, AND DUTIES. MATRICS is authorized to assume, at its discretion, assignment of all contracts, rights, and duties so existing between the Member Agencies and Benton County Emergency Services (`BCES") for dispatch service, the Bi -County Police Information Network (`BI -PIN"), Franklin County 911 Emergency Communications Center, and/or any other persons or organizations as of the effective date of this Agreement. 3. TRANSITION PERIOD. Upon execution of this Agreement by the last approving Member Agency, a transition period of 120 days shall commence, during which the following shall occur: a. Incorporation as a nonprofit corporation under Chapter 24.06. b. Adoption by the MATRICS Board of Directors of bylaws, articles of incorporation, and an initial operating budget for MATRICS. c Execution, as necessary, by individual Member Agencies of the documents and/or agreements required to resolve service needs currently performed by existing entities intended to be discontinued and/or dissolved by the creation of MATRICS. Notice of termination of any interlocal agreement superseded by this Agreement shall be recorded with the respective county auditor. d. Demonstrated ability by MATRICS to provide service to all Member Agencies. e. Upon completion by a Member Agency of the actions necessary to discontinue service from and/or dissolve existing dispatch agencies, the Member Agency shall immediately begin remitting to MATRICS its financial assessment under the initial operating budget; provided, however, that all Member Agencies shall commence with remitting their respective financial assessments under the initial operating budget to MATRICS no later than the conclusion of the transition period, which shall be the 121st day following execution of this Agreement by the last approving Member Agency. 4. DEFINITIONS. a. "Agreement" means this Multi -Agency Three Rivers Information and Communication Services Interlocal Cooperation Agreement. b. "Member Agency" or "Member Agencies" means those jurisdictions who are fully participating, have ownership equity in MATRICS, are meeting financial obligations, MATRICS Interlocal —July 2015 Page 2 Page 62 of 78 and have voting rights as determined within this Agreement. At the onset of this Agreement, this shall mean Franklin County, Benton County, and the Cities of Pasco, Kennewick, and Richland. C. "Subscribers" means those municipal jurisdictions who are receiving some or all of the services provided by this organization for a contract fee, who do not have voting rights on the Board of Directors ("Board") and may not participate on the Strategic Advisory Committee. d. "Service Line" means a major category of service being offered by MATRICS to its Member Agencies and subscribers, having an associated fee schedule/formula. e. "Quorum" means a majority of the number of members of the MATRICS Board. The Board is required to have a quorum in order to conduct business. f. "Communications Center" is the physical location where emergency telephone numbers are answered by trained staff and from which law enforcement, fire and emergency medical services are directed to respond to emergency calls. g. "Calls for Service" or "CFS" refers to an assignment directed by the MATRICS Dispatch Center to law enforcement, fire and/or emergency services requiring the assigned agency to respond and provide services.. The calls are initiated by the Dispatch Center and issued through normal channels (e.g., digitally through the CAD system, via radio). h. "Data Center" is the facility used to house computer systems and associated components, such as telecommunications and storage systems. It generally includes redundant or backup power supplies, redundant data communications connections, environmental controls (e.g., air conditioning, fire suppression) and security devices. i. "Seats" refers to the number of licenses for software that a jurisdiction may use, typically as measured through the number of authorized log -ins to the software. j. "Absolute two-thirds vote" means two-thirds of the total eligible voters, whether present or not. 5. TERM OF AGREEMENT. This Agreement shall be of unlimited duration, subject to the termination provisions contained herein 6. PURPOSE. Through this Agreement, the Member Agencies assign to MATRICS the authority for public safety communications, certain records retention and usage, and other approved functions as determined by the Board, for the purpose of communications and dispatching for public health and safety services. 7. MEMBERSHIP. The "Member Agencies" of MATRICS shall be the municipalities, agencies, and entities listed in Exhibit A that have executed this Agreement in accordance with RCW 39.34.030, as well as those municipalities, agencies, and entities that, from time to time, may be permitted by the Member Agencies to join MATRICS as Member Agencies, and that shall approve this Agreement, and any amendments thereto, in accordance with RCW 39.34.030 and the provisions of this Agreement. MATRICS Interlocal —July 2015 Page 3 Page 63 of 78 a. Process for Adding New Members. Upon receipt of a written application or request to join MATRICS, the Executive Director shall present it to the Board Chair, who will forward it to the Board of Directors at their next board meeting. The Board may direct an evaluation to be completed by the Executive Director to determine the operational and fiscal impacts of adding the proposed member to MATRICS. A preliminary report of any such report will be presented to the Board at its next meeting. The Board may take action on the application or direct that further study be undertaken to address remaining issues or concerns identified by the Board. The results of such study shall be presented to the Board at a regular or special meeting as soon as practicable. After receiving the final report, the Board may take action to approve, deny or table an application. As a condition of membership, new Members added to MATRICS must agree to execute an appropriate agreement, as determined by the Board, recognizing said new Member and specifying the Member's financial responsibility to MATRICS. b. Change in Existing Member Status. The parties recognize that over time the status of one or more of its Member Agencies may change as a result of mergers, consolidations, creation of a regional fire authority, or other organizational status changes. At least six (6) months prior to the effective date of such change in status of any Member Agency, such Member Agency shall provide notice to the Board and submit any and all reasonably necessary information requested by the Executive Director to MATRICS, to facilitate evaluation of potential operational and fiscal impacts on MATRICS. The Executive Director shall present his/her findings to the Board. (1) If a majority of the Board finds that the change in a Member Agency(ies) legal status has a material impact on the finances or operations of MATRICS, the Member Agencies agree that this Interlocal Agreement may be renegotiated to address such impact(s). (2) If a majority of the Board finds that the change in a Member Agency's legal status has no material impact on the finances or operations of MATRICS, the Member Agencies agree to execute an appropriate agreement recognizing the Member Agency's successor -in -interest or assignee, as necessary to accurately reflect the current Membership of MATRICS. 8. SUBSCRIBING AGENCIES. The "Subscribing Agencies" of MATRICS are those municipal jurisdictions who are receiving some or all of MATRICS's services for a contract fee, who do not have voting rights on the Board, and do not participate on the Strategic Advisory Committee. The Board shall determine the application process for a jurisdiction desiring to become a Subscriber for all or partial Service Lines of MATRICS. Said jurisdiction must be located either within or adjacent to a county that is a Member Agency of MATRICS. Board approval is required prior to offering such services. Such new Subscribers would be subject to the Service Line costs based upon their usage, and responsible for paying a network attachment fee to connect to the MATRICS network in such amounts as determined by the Board. 9. BOARD OF DIRECTORS. MATRICS shall be governed by a Board of Directors ("Board") composed of Board Members appointed by the legislative bodies of the MATRICS Interlocal —July 2015 Page 4 Page 64 of 78 various Member Agencies to this Agreement. Each Member Agency shall be entitled to appoint one Board Member. Each Member Agency shall designate one or more "Alternate Board Member(s)" for its Board Member position(s). Alternate Board Members, whose names shall be filed with MATRICS, shall act in lieu of the Board Member when the Board Member is not otherwise available to attend meetings. The Alternate Board Member shall have full powers to vote and act as a Board Member at all meetings that the Alternate Board Member attends in lieu of the regular Board Member. 10. BOARD ACTIONS AND VOTING. Unless otherwise provided in this Agreement, decisions of the Board shall be made at a public meeting for which proper notice was given and after a quorum has been established. The presence of fifty-one percent (51%) of the total number of Member Agencies shall constitute a quorum for the purpose of transacting routine business. An absolute two-thirds vote is required for approval of MATRICS policies, budget adoption and amendment, and all personnel actions. All other actions of the Board require approval by simple majority vote. Abstentions shall be counted as nay votes. 11. BOARD OF DIRECTORS POWERS. In furtherance of its purposes, the Board shall have the power to: a. Acquire, receive, take by gift, construct, improve, own, manage, lease, transfer, and sell real, personal, and intangible property; b. Operate and maintain MATRICS's equipment and facilities; C. Enter into contracts with public and private entities; d. Employ and terminate personnel, with or without cause, and contract for personnel and services with public and private entities; e. Defend and pursue legal actions; f. Establish and collect rates, fees, charges, and collect assessments as determined by this Agreement; g. Review and adopt an annual budget and approve budget expenditures; h. Recommend action to the legislative bodies of the Member Agencies; i. Establish policies, guidelines, or regulations to carry out MATRICS's operations and responsibilities; and j. Exercise all other powers that are within the statutory authority of, and may be exercised by, its Member Agencies with respect to their duty to provide emergency and public safety communications services, and all other duties that each Member Agency has assigned to MATRICS pursuant to this Agreement. MATRICS Interlocal —July 2015 Page 5 Page 65 of 78 12. BOARD DUTIES. a. Board Chair/Meetings. The Board, at its initial meeting, shall elect a Chair and Vice -Chair from among the Board Members. The Chair will be the presiding officer of the Board and Board meetings. The Vice -Chair will act as the presiding officer in the Chair's absence, unless the Vice -Chair is also absent, in which event a pro tem Chair shall be elected by a majority of the Board to act as the presiding officer of that meeting. Should the Chair resign from his or her position during the year, the Vice -Chair will assume the position of Chair, and the Board shall elect a new Vice -Chair. At the initial meeting, the Board also shall determine the time and place of its meetings; provided that the Board may, with notice, change its meeting schedule. The Board shall hold meetings upon such notice as the bylaws prescribe. In no case shall the Board meet less than twice annually. Meetings shall be held at a location within the MATRICS service area. b. Board Committees. The Board Chair may, as the need exists, create Ad Hoc Technical Advisory Committees to engage in activities in support of the Board's work. Committees will be composed of at least two Board Members, and may also consist of strategic advisory committee members, and/or individuals with relevant expertise or experience beneficial to the particular committee objective. Committee members shall be volunteers appointed by and serving at the will of a majority the Board. C. Executive Director. The Board shall appoint a MATRICS Executive Director, who shall be selected based on his or her relevant technical, financial and administrative experience and competence. The appointment shall be made on the basis of merit only. The Executive Director is an "at will" position and may be terminated from the position upon vote of the Board with or without cause. The Executive Director shall report to the Chair and be responsible to the Board; shall advise the Board, by budget proposals and other appropriate means, with regard to legislative action being considered by the Board; shall administer the program and operations of MATRICS consistent with policies adopted by the Board; shall be the Board's financial officer, with any disbursements exceeding budgeted amounts to be approved in advance by the Board; shall have authority, delegated by the Board, to hire, discipline, and discharge all MATRICS personnel consistent with policies adopted by the Board; and shall perform such additional duties and exercise such additional authority as the Board may, from time to time, assign to or confer upon the Executive Director. d. Additional Services. The Board shall evaluate and determine the appropriateness of including additional communications, dispatching or other services for Member Agencies and others, when so requested, and shall determine whether and how such services should be provided and the appropriate fees for such services; provided that such fees shall offset all installation and operational costs applicable to such services. Additional services may include, but shall not be limited to, alarms for public and private buildings. The Board shall not approve additional services that detract from the effectiveness of MATRICS's emergency and public safety communications services. e. Operational Enhancements. It shall be the objective of the Board to encourage future additional cooperation among Member Agencies. The Executive Director, with the advice and assistance of the Strategic Advisory Committee, shall actively consider and MATRICS Interlocal —July 2015 Page 6 Page 66 of 78 evaluate opportunities that would enhance the operational effectiveness of public health and safety communications, to the benefit of the taxpayers and residents of the areas served. The Executive Director's and/or Strategic Advisory Committee's recommendations and proposed actions may be presented to the Board and/or Member Agencies, when the Board so directs. f. Personnel Policies. The Board Chair may, as needs require, appoint a Personnel Committee, which shall advise the Board and the Executive Director in the formulation and administration of MATRICS's personnel policies. The Board shall establish the personnel policies of MATRICS, and revise them as the Board deems appropriate. g. Finances. The Board shall consider and give approval to MATRICS's annual budget prior to October 1 of the preceding year; provided that the Board may, by resolution, set a revised deadline as required. The Board shall advise the Member Agencies of the program and objectives of the budget, the financial participation of each Member Agency, and the planned use of reserves for the ensuing year. No expenditures outside an approved budget may be made by MATRICS without express Board approval. Any and all revenues received by MATRICS shall be placed in accounts approved by the Board. The annual assessment imposed on each Member Agency shall be determined in accordance with an operating agreement to be executed by the parties hereto prior to the effectiveness of this Agreement. (1) MATRICS shall be funded by the proceeds of Enhanced 911 taxes imposed at no less than required state minimums by both Benton and Franklin Counties, an annual assessment upon Member Agencies, buy -in fees, and Service Line fees paid by subscribing agencies. Pursuant to the Transition Period provided for in section 3 above, all Member Agencies hereby agree to assign and forward all Enhanced 911 taxes received by the jurisdiction to the operation and administration of MATRICS. The annual assessment upon Member Agencies, buy -in fees, and Service Line fees paid by subscribers shall be determined and approved by the Board. (2) MATRICS may accept gifts, grants, or loans of money, equipment or services from any lawful source. MATRICS shall cooperate with local, state and federal government agencies and any private funding sources to maximize the use of grants or gifts for equipment and operations. (3) The Board may increase the required financial contributions of the Member Agencies within a budget year to meet emergency needs or cover extraordinary expenses not anticipated in MATRICS's approved budget. Such increases shall be proportionate to the total annual assessment of each Member Agency. In the event the cost overrun can be attributed to one or more specific Member Agencies or subscribers, the Board may vote to assess the overrun to those specific Member Agencies or subscribers in lieu of levying all Member Agencies in proportion to annual assessment. (4) From time to time, some form of new service may be available to make all or part of MATRICS's operation more beneficial to some participating Member Agencies than to others. If this should be the case, any Board approval shall be contingent on MATRICS Interlocal —July 2015 Page 7 Page 67 of 78 approval of a separate unanimous Board action detailing the apportionment of costs to each Member Agency for the provision of said service. (5) If a new Member Agency joins MATRICS, the Board shall determine the financial contribution for the new Member Agency from the effective date of membership until the next regular cost allocation among all Member Agencies. 13. PROPERTY AND EQUIPMENT. a. In accordance with RCW 39.34.060, and upon completion of the Transition Period provided in section 3 above, certain properties, equipment and monies, including certain properties, equipment and monies titled to Member Agencies, shall become the property of MATRICS, provided such properties, equipment and monies shall be identified and listed in the bylaws of the organization. b. Any property, equipment, or monies lawfully acquired by MATRICS, from any source and in any way, shall be the sole property of MATRICS. C. As needed, and in conformance with the approved budget, equipment and furnishings may be acquired by, and title shall rest with, MATRICS. The Executive Director shall maintain a schedule of such equipment. Requested changes in equipment and furnishings shall be included in the Executive Director's draft annual budget and presented in detail to the Board during the budget review process. 14. STRATEGIC ADVISORY COMMITTEE. The Strategic Advisory Committee, to be composed of the Police and Fire Chiefs of the Member Agencies, or their designees, shall meet periodically with the Executive Director to assist and advise the Executive Director as to operational and procedural matters. The Strategic Advisory Committee shall select an individual to act as its Chair. The Chair shall advise the Board at its regularly scheduled meetings, and otherwise as appropriate, of the needs of the operating departments serviced by MATRICS when requested by the Executive Director or any member of the Board of Directors. 15. WITHDRAWAUREMOVAL FROM MATRICS. a. Withdrawal. The parties acknowledge that in entering into this Agreement, significant financial and personnel resources have been expended. Therefore, no Member Agency may voluntarily withdraw from this Agreement within the first five (5) years following the date of membership. After such time, any Member Agency may withdraw from MATRICS by giving written notice of no less than twelve (12) months (the "Withdrawal Period"). The written notice must contain evidence of approval of the withdrawal by the Member Agency's legislative authority. The withdrawal will be effective on December 31 following the expiration of the Withdrawal Period. Once submitted, a notice of withdrawal may be rescinded only with approval of the Board. b. Removal of a Member AgencX. Any Member Agency may be removed from MATRICS by the Board where it finds that the Member Agency has materially breached this Agreement. A material breach is defined as a failure to pay the required Member Agency contribution toward the annual budget within a reasonable amount of time after receiving written MATRICS Interlocal —July 2015 Page 8 Page 68 of 78 notice to pay the same. A Member Agency removed from MATRICS under this Section shall pay all costs incurred by MATRICS in recovering said delinquent funds, including reasonable attorney's fees and court costs. 16. DISSOLUTION OF MATRICS. If the Board votes to dissolve MATRICS, the organization shall be dissolved as of December 31 of the year in which the vote was taken, unless the Board votes to extend the time for dissolution to a later date to accommodate the need to transition services to another qualified agency or for any other business purpose. 17. DISPOSITION OF ASSETS UPON DISSOLUTION. In the event of dissolution, the costs associated with dissolving MATRICS and disposing of its assets shall be borne jointly by all Member Agencies. Assets shall be disposed of by sale or distribution in accordance with state law. Upon the dissolution of MATRICS, and after payment of all valid costs, expenses, and charges incurred by MATRICS, in the winding up of the agency's business affairs, the Agency and/or the Board shall disburse all assets and funds held by MATRICS in accordance with the bylaws of the organization. a. Any Member Agency whose withdrawal or removal from this Agreement has become effective prior to the vote to dissolve MATRICS shall have no right to receive any portion of the distribution of MATRICS's assets by virtue of its participation in MATRICS prior to the effective date of its withdrawal or removal. b. All legal and financial obligations incurred by MATRICS prior to termination shall remain the obligation of MATRICS. 18. OPERATIONAL INTERCONNECTS. Each Member Agency is responsible for and retains authority over its operational departments and for such equipment and services as are required at its place of operation to interconnect with MATRICS's operations. 19. INSURANCE. MATRICS shall maintain, and shall include in its budget provision for, liability and casualty insurance policies as the Board shall determine appropriate. This obligation may be accomplished by participation in an insurance pool or self-insurance program established in accordance with the laws of the State of Washington. 20. INDEMNIFICATION/SURVIVAL OF INDEMNITY. To the extent any one or more Member Agencies are liable, as determined by judgment or approved settlement agreement, for the acts or omissions of MATRICS, if such liability is not satisfied by MATRICS or MATRICS' insurer, the Member Agencies and any former Member Agencies shall share in any such liability for claims, losses, or liabilities that arose during a budget year as determined in the by-laws of the organization. Whether or not a claim, loss, or liability arose during a particular budget year shall be determined by the date on which the incident or incidents occurred that gave rise to such liability. A Member Agency that withdraws from MATRICS shall be obligated by its participation in any budget year to share in any such liability arising during that budget year regardless of date of judgment or approved settlement agreement, as stated herein. The provisions of this Section shall survive any of the following: termination of this Agreement, legal dissolution of MATRICS, or the withdrawal of any Member Agency. MATRICS Interlocal —July 2015 Page 9 Page 69 of 78 21. MAINTENANCE AND AUDIT OF RECORDS. MATRICS shall maintain books, records, documents and other materials relevant to its performance under this Agreement which sufficiently and accurately reflect any and all direct and indirect costs and expenses incurred or paid in the course of performing this Agreement. These records shall be subject to inspection, review and audit by a Member Agency or its designee, the Washington State Auditor's Office, and authorized federal agencies. MATRICS shall retain all such books, records, documents and other materials in accordance with the Washington State Archivist's Retention Schedule. 22. RECORDS ACCESS. MATRICS shall be responsible for compliance with the Public Records Act. In addition, MATRICS shall provide that its use of confidential information complies with all applicable laws. MATRICS shall establish rules and regulations governing access to and security for the data communications network and for any confidential information it receives. Such rules and regulations shall be consistent with the applicable laws governing confidentiality and authorized uses of such records. 23. DISPUTE RESOLUTION. The parties intend to resolve all disputes relating to the interpretation and application of this Agreement through informal discussions at the appropriate staff level. In the event disputes cannot be resolved informally, the parties agree to submit the dispute to non-binding mediation before resorting to arbitration. In the event the parties are unable to agree to a mediator or resolve this dispute through mediation, the dispute shall be resolved by binding arbitration pursuant to RCW 7.04A, as amended, with both parties waiving the right of a jury trial upon trial de novo, with venue placed in Benton County, Washington. 24. NOTICE. Unless otherwise notified in writing, notice required to be given to MATRICS under the terms of this Agreement shall be directed to the following: Chair, MATRICS Board of Directors c/o Principal Agency Address Notice required hereunder may be given by mail, overnight delivery, facsimile or email (with confirmation of transmission), or personal delivery. Any participant wishing to change its mail or email address shall promptly notify the MATRICS Board Chair. Notice or other written communications shall be deemed to be delivered when postmarked, sent by facsimile or email (with confirmation of transmission), or received by personal delivery. 25. FILING. Prior to its entry in force, this Agreement shall be filed with the Benton and Franklin County Auditors. 26. SEVERABILITY. If any provision of this Agreement is determined to be invalid or unenforceable, all of the other provisions shall remain valid and enforceable notwithstanding, unless the provision found to be unenforceable is of such material effect that this Agreement cannot be performed in accordance with the intent of the Member Agencies in the absence thereof. MATRICS Interlocal —July 2015 Page 10 Page 70 of 78 27. VENUE. The venue for any arbitration related to this Agreement shall be within the MATRICS service area. 28. AUTHORITY. This Agreement shall be executed on behalf of each Member Agency by its authorized representative, pursuant to appropriate legislative action by such Member Agency. It shall be deemed adopted and effective upon the date of execution by the last so authorized representative. 29. RATIFICATION. All prior acts taken by the Member Agencies consistent with this Agreement are hereby ratified and confirmed. 30. AMENDMENTS. This Agreement, and any exhibits to it, may be amended by written agreement approved by appropriate legislative action by all participating Member Agencies. 31. WAIVER. Nothing herein shall be deemed to waive the immunities established pursuant to Chapter 38.52 RCW or to create third party rights or liabilities. [Signature page to follow] MATRICS Interlocal —July 2015 Page 11 Page 71 of 78 THIS AGREEMENT is approved and entered into by the undersigned local government units: CITY OF RICHLAND, WASHINGTON By Title Date CITY OF KENNEWICK, WASHINGTON By Title Date CITY OF PASCO, WASHINGTON By Title Date COUNTY OF BENTON, WASHINGTON By Title Date COUNTY OF FRANKLIN, WASHINGTON By Title Date MATRICS Interlocal —July 2015 Page 12 Page 72 of 78 Exhibit A The following municipalities, agencies, and entities are Member Agencies of MATRICS, and are entitled to appoint the number of Board Members identified below: Entity Number of Board Members City of Richland 1 City of Kennewick 1 City of Pasco 1 County of Benton 1 County of Franklin 1 MATRICS Interlocal —July 2015 Page 13 Page 73 of 78 AGENDA REPORT FOR: City Council July 27, 2015 TO: Dave Zabell, City Manager Regular Meeting: 8/3/15 Ahmad Qayoumi, Public Works Director FROM: Kent McCue, Construction Manager Public Works SUBJECT: Award Primary Clarifier Upgrade I. REFERENCE(S): Vicinity Maps Bid Summary H. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to award the low bid for the Primary Clarifier Upgrade project to Clearwater Construction & Management, LLC in the amount of $4,634,287.80, and further, authorize the City Manager to execute the contract documents. III. FISCAL IMPACT: Sewer Fund: $4,634,288 IV. HISTORY AND FACTS BRIEF: In the spring of 2014, Council adopted the City's Comprehensive Sewer Plan. The Plan identifies strategies and outlines the capital improvement to address current and future needs. One of the high priority projects is construction of an additional primary clarifier. The existing clarifiers are nearing design capacity. A third primary clarifier is needed in order to meet the future growth within the system. In May 2014, Council awarded a Professional Service Agreement to HDR Engineering to complete design of the project. During the design process, the scope of the project was expanded to include the update and improvement of the pump and the scum pump house. In January 2015, HDR Engineering informed the City that the 90% design construction cost estimate was $4.6 million compared to the budgeted $2.5 million. The increase in Page 74 of 78 cost is due to significant inflation in the construction industry and added scope in the project. The scope of this project included phase 1 and 2 of the Primary Clarification Improvements noted in the 2014 City of Pasco Comprehensive Sewer Plan; which estimated a total project cost of approximately $3.9 million. The project was advertised on April 5 and April 12, 2015 with the bid opening held on July 16, 2015. Due to the complexity of the project, conducting a pre-bid meeting and allowing time to provide responses to questions, the bid period was longer than what is typical for most City projects. The project includes the construction of two new primary clarifiers, a new primary sludge pumping room, a new scum pump station, modifications to the existing headworks channel, and associated mechanical, electrical, instrumentation, yard piping, and other site work. V. DISCUSSION: On July 16, 2015, the City received five (5) bids for the project. The low bid was from Clearwater Construction & Management, LLC in the amount of $4,634,287.80. The second low bid was received from Apollo, Inc. in the amount of $4,644,822.00. The Engineer's Estimate is $4,600,000.00. One of the bids was withdrawn at the request of the Contractor. As part of the 2015 Budget from previous utility bonds, there is $266,724.00 of sewer funds allocated to this project. Previously, bond revenue was obtained to fund the Commercial-Kahlotus lift station and $2,406,695.00 of that funding still remains and can be used towards this project. Finally, a supplemental budget for 2015 has been requested for the additional funds needed to hire a consultant to perform the construction management of this project, which is estimated to be at $230,000.00. Staff has reviewed the bid submittal and found no exceptions or irregularities. Staff recommends award of the contract to Clearwater Construction & Management, LLC. Page 75 of 78 a I !Ql w �! Y �.. f � W — i r imp mv Cn _, r,rs?rCE a�Eqr— Ji3= PROPOSED C SED LOCATION OF NEW PRIMARY CLARIFIER t _ Out r •� l w: 4r ^`V W 0 H1 v co v v O v 00 Process Macs al J. Zaneer PRIMARY CLARIFIER UPGRADE OVERALL ISOMETRIC VIEW e• ramie [iee�r m . i. i. R;nese E-1—mso-�m Des; n LeoC/4C J. 'Kxh reFxana Ee. - ® swua vo r OOZ-01 v v O v 00 City of Pasco WWTP Caustic Soda Improvements Project No. C7 -SE -1A-15-42 July 16, 2015 BID SUMMARY Engineer's Estimate 1. Clearwater Construction & Management, LLC 2. Apollo, Inc. 3. McClure & Sons 4. Slayden Construction Group 5. Stellar J Tnta 1 $416001000.00 $4,634,287.80 $41644,822.00 $419881273.84 $5,266,231.20 Withdrawn Page 78 of 78