HomeMy WebLinkAbout2015.08-03 Council Meeting PacketPage
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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
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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
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Vicinity Item: ROW Vacation Ptn. of Washington
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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.
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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.
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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
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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
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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
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Project No. C7 -SE -1A-15-42
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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
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