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HomeMy WebLinkAbout2015.10.19 Council Meeting PacketPage 9-11 12-16 Regular Meeting 1. CALL TO ORDER: 2. ROLL CALL: AGENDA PASCO CITY COUNCIL 7:00 p.m. (a) Pledge of Allegiance October 19, 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 October 5, 2015. (b) Bills and Communications To approve claims in the total amount of $2,081,328.29 ($988,020.24 in Check Nos. 206273-206484; $421,626.08 in Electronic Transfer Nos. 807226-807342; 807355-807448; 807451-807466; 807475-807575; 807580- 807613; 807732-807733; 807736-807739; $45,478.06 in Check Nos. 48664- 48702; $611,125.77 in Electronic Transfer Nos. 30086653-30087140; $15,078.14 in Electronic Transfer Nos. 183-188). 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 $292,468.89 and, of that amount, authorize $167,714.64 be turned over for collection. (c) Tourism Promotion Area To approve the 2016 Marketing Plan and Operating Budget for the Tourism Promotion Area in the total amount of $1,175,000. -AND- To approve the 2016 Special Project Expenditure for the Tourism Promotion Area in the amount of $20,000 to be funded from the TPA Reserve Balance. Page 1 of 81 Regular Meeting October 19, 2015 17-21 (d) * Final Plat: Replat of a Portion of A.M. Wehe's Whitehouse Addition (MF # FP -2015-004) To approve the final plat for the replat of Block 3 and portions of Block 2, A.M. Wehe's Whitehouse Addition to Pasco. 22-25 (e) 1 Civil Service Commission Appointment To confirm the City Manager's appointment of Angel Esquivel to the Civil Service Commission to fill the unexpired term of Position No. 2, term to expire 2/17/16. 26-32 (f) I Street Vacation: A Portion of Irving Street (MF # VAC 2015-016) To approve Resolution No. 3662, a resolution setting 7:00 P.M., Monday, November 16, 2015, as the time and date for a public hearing to consider the vacation of that portion of West Irving Street located east of Road 27. 33-39 (g) I Street Vacation: A Portion of W. Margaret St. (MF# VAC 2015-017) To approve Resolution No. 3663, setting 7:00 P.M., Monday, November 16, 2015, as the time and date to conduct a public hearing to consider vacating West Margaret Street between Road 45 and Road 46. 40-46 (h) I Street Vacation: A Portion of N Main and a Portion of Cincinnati (MF # VAC 2015-015) To approve Resolution No. 3664, a resolution setting 7:00 P.M., Monday, November 16, 2015, as the time and date for a public hearing to consider the vacation of a portion of North Main Avenue and Cincinnati Street in the Freys Addition. (RC) MOTION: I move to approve the Consent Agenda as read. 4. PROCLAMATIONS AND ACKNOWLEDGEMENTS: (a) Red Ribbon Week Proclamation Presentation Mayor Matt Watkins to present Red Ribbon Week Proclamation to Young Marine Representatives, Sergeant Madison Waldo, Corporal Hunter Beseth and Corporal Alexandra Ashley 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 Page 2 of 81 47 E: well Regular Meeting October 19, 2015 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 (b) General Fund Operating Statement through September 2015 7. HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS RELATING THERETO: 8. ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS: (a) I Arterial Corridors Commercial Design Standards (MF# CA 2015-003) MOTION: I move to adopt Ordinance No. 4241, an ordinance creating PMC Chapter 25.59 dealing with Commercial Corridors Design Standards on select parcels in the "O" and C-1 Zoning Districts and, further, authorize publication by summary only. 9. UNFINISHED BUSINESS: 10. NEW BUSINESS: 62-77 (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 Kennewick and Richland, and Benton and Franklin Counties and, further, authorize the Mayor to execute the Agreement. 78-81 (b) National Citizen's Survey MOTION: 11. MISCELLANEOUS DISCUSSION: 12. EXECUTIVE SESSION: 13. ADJOURNMENT. Page 3 of 81 Regular Meeting (RC) Roll Call Vote Required Item not previously discussed Q Quasi -Judicial Matter MF# "Master File #...... REMINDERS: October 19, 2015 4:30 p.m., Monday, October 19, 1015 S. Gray Avenue - Ground Breaking Ceremony for Primary Clarifier Construction at the Wastewater Treatment Plant. (ALL COUNCILMEMBERS INVITED TO ATTEND) 6:00 p.m., Monday, October 19, City Hall Conference Room #1 — LEOFF Disability Board Meeting. (MAYOR MATT WATKINS and COUNCILMEMBER REBECCA FRANCIK) 7:00 a.m., Tuesday, October 20, Pasco High School — DECA Breakfast and Proclamation Presentation. (MAYOR MATT WATKINS) 5:00 p.m., Tuesday, October 20, TRAC — TRAC Advisory Board Meeting. (MAYOR MATT WATKINS and COUNCILMEMBER AL YENNEY) 4:00 p.m., Wednesday, October 21, Pasco City Hall, Conference Room #1 — Pasco Public Facilities District Board Meeting. (MAYOR MATT WATKINS, COUNCILMEMBERS REBECCA FRANCIK and SAUL MARTINEZ) 5:30 p.m., Wednesday, October 21— Benton, Franklin & Walla Walla Counties Good Roads & Transportation Association Meeting. (COUNCILMEMBER BOB HOFFMANN, Rep.; REBECCA FRANCIK, Alt.) 5:45 p.m., Wednesday, October 21, Kennewick City Hall — Tri -Cities Regional Public Facilities District Meeting. (MAYOR MATT WATKINS, COUNCILMEMBERS REBECCA FRANCIK and SAUL MARTINEZ) 4:00 p.m., Thursday, October 22, 7130 W. Grandridge Blvd — TRIDEC Board Meeting. (COUNCILMEMBER MIKE GARRISON, Rep.; TOM LARSEN, 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 81 AGENDA REPORT FOR: City Council TO: Dave Zabell, City Manager 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 October 5, 2015 meeting. September 24, 2015 Regular Meeting: 10/19/15 II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: To approve the Minutes of the Pasco City Council Meeting dated October 5, 2015. III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: V. DISCUSSION: Page 5 of 81 REGULAR MEETING CALL TO ORDER: MINUTES PASCO CITY COUNCIL OCTOBER 5, 2015 The meeting was called to order at 7:00 p.m. by Matt Watkins, Mayor. ROLL CALL: Councilmembers present: Rebecca Francik, Mike Garrison, Robert Hoffinann, Tom Larsen, Saul Martinez, Matt Watkins and Al Yenney. Staff present: Dave Zabell, City Manager; Stan Strebel, Deputy City Manager; Leland Kerr, City Attorney; Richard Terway, Administrative & Community Services Director; Rick White, Community & Economic Development Director; Ahmad Qayoumi, Public Works Director; Bob Metzger, Police Chief and Bob Gear, Fire 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 September 21, 2015. Bills and Communications To approve claims in the total amount of $2,312,047.98 ($1,277,928.07 in Check Nos. 206107-206272; $379,704.38 in Electronic Transfer Nos. 807226- 807342, 807349-807350, 807355-807448, 807451-807466, 807470-807577; $43,928.24 in Check Nos. 48608-48663; $610,487.29 in Electronic Transfer Nos. 30086148-30086652. Accept 2014-2015 Chip Seal To approve Resolution No. 3659 accepting the work performed by Central Washington Asphalt, Inc., under contract for the 2014-2015 Chip Seal project. Easement Vacation: Easement in the Plat of Agri -Center (MF# VAC 2015- 014) To approve Resolution No. 3660, a resolution setting 7:00 p.m., Monday, November 2, 2015 as the time and date for a public hearing to consider the vacation of the east/west easement between Lots 8-15, Plat of Agri -Center. MOTION: Ms. Francik moved to approve the Consent Agenda as read. Mr. Garrison seconded. Motion carried by unanimous Roll Call vote. PROCLAMATIONS AND ACKNOWLEDGEMENTS: STEM Education Month Proclamation Presentation Mayor Watkins presented a Proclamation to Megan Nelson, Director of STEM Initiatives and Instructional Technology, Pasco School District, declaring October 2015 STEM Education Month. Page 1 of 3 Page 6 of 81 MINUTES REGULAR MEETING PASCO CITY COUNCIL OCTOBER 5, 2015 Yard and Business of the Month Awards Mayor Watkins presented Certificates of Appreciation for September 2015 "Yard of the Month" and 'Business Appearance of the Month" to: Elkis Echeverria & Ruben Vasquez, 907 W. Jan Street Brian & Sofia Roach, 4016 W. Riverhaven Street Rocio Garcia & Luis Mendoza, 5210 Jackson Lane Tiffany & Bradley Sainsbury, 2908 Road 80 FedEx Express, 1705 W. Argent Road VISITORS - OTHER THAN AGENDA ITEMS: Keri Henricks, 8401 Tucker Dr., commented about the potential tax benefits of marijuana sales in the City of Pasco. REPORTS FROM COMMITTEES AND/OR OFFICERS: Mr. Martinez reported on the Regional Parks and Recreation Meeting. Mr. Larsen attended the Emergency Medical Services Board meeting. ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS: Bethel Church Special Permit Renewal (MF# SP2015-009) Council and staff discussed the details of the proposed resolution. MOTION: Ms. Francik moved to approve Resolution No. 3661, a resolution granting a special permit for a church in a C-1 (Retail Business) Zone. Mr. Yenney seconded. Motion carried unanimously. NEW BUSINESS: Lodging Tax Advisory Committee Recommendations Council and staff discussed the details of this item. MOTION: Ms. Francik moved to approve the allocation of 2016 Lodging Tax receipts and the Renewal Agreement for the Promotion of Tourism with the Tri -Cities Visitor and Convention Bureau as recommended by the Lodging Tax Advisory Committee minutes of August 13 and September 3, 2015. Mr. Martinez seconded. Motion carried unanimously. Lodging Tax Advisory Committee Appointments MOTION: Ms. Francik moved to confirm reappointment of the following individuals to the Lodging Tax Advisory Committee: Hotel Representatives: Monica Hammerberg, Red Lion and Allison White, Sleep Inn User Representatives: Colin Hastings, Pasco Chamber of Commerce and Michael Goins, Downtown Pasco Development Authority City Council: Mike Garrison Mr. Martinez second. Motion carried unanimously. Page 2 of 3 Page 7 of 81 MINUTES REGULAR MEETING PASCO CITY COUNCIL OCTOBER 5, 2015 MISCELLANEOUS DISCUSSION: Mr. Zabell noted the groundbreaking for the Primary Clarifier Upgrade Project will be October 19th at 4:30 p.m. and the U.S. Department of Justice will host a community meeting at the Pasco Police Department Training Center, 204 W. Clark, on October 7th, from 1:00-5:00 p.m. ADJOURNMENT: There being no further business, the meeting was adjourned at 7:24 p.m. APPROVED: Matt Watkins, Mayor ATTEST: Debra Clark, City Clerk PASSED and APPROVED this 19th day of October, 2015 Page 3 of 3 Page 8 of 81 AGENDA REPORT FOR: City Council October 15, 2015 TO: Dave Zabell, City Manager Regular Meeting: 10/19/15 Rick Terway, Director Administrative & Community Services FROM: Eva Lindgren, Deputy Director Administrative & Community Services SUBJECT: Bills and Communications I. REFERENCE(S): Accounts Payable 10.19.15 Bad Debt Write-off/Collection 09.30.15 II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: To approve claims in the total amount of $2,081,328.29 ($988,020.24 in Check Nos. 206273-206484; $421,626.08 in Electronic Transfer Nos. 807226-807342; 807355- 807448; 807451-807466; 807475-807575; 807580-807613; 807732-807733; 807736- 807739; $45,478.06 in Check Nos. 48664-48702; $611,125.77 in Electronic Transfer Nos. 30086653-30087140; $15,078.14 in Electronic Transfer Nos. 183-188). 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 $292,468.89 and, of that amount, authorize $167,714.64 be turned over for collection. III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: V. DISCUSSION: Page 9 of 81 CITY OF PASCO Council Meeting of: October 19, 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. Dave Zabell, City Manager Rick Terway, A&CS Director We, the undersigned City Councilmembers of the City Council of the City of Pasco, Franklin County, Washington, do hereby certify on this 19 day of October, 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 206273-206484 48664-48702 Total Check Amount $988,020.24 $45,478.06 Total Checks $ 1,033,498.30 Electronic Transfer Numbers 807226-807342 30086653-30087140 183-188 807355-807448 8,658.14 807451-807466 801.23 807475-807575 881.07 807580-807613 341.59 807732-807733 9,995.74 807736-807739 2,805.10 Total EFT Amount $421,626.08 $611,125.77 $15,078.14 Total EFTs $ 1,047,829.99 GOLF COURSE Grand Total $ 2,081,328.29 Councilmember Councilmember SUMMARY OF CLAIMS BY FUND: GENERAL FUND 474,366.91 STREET 18,056.21 ARTERIAL STREET 0.00 STREET OVERLAY 0.00 C. D. BLOCK GRANT 8,658.14 HOME CONSORTIUM GRANT 801.23 NSP GRANT 881.07 KING COMMUNITY CENTER 341.59 AMBULANCE SERVICE 9,995.74 CEMETERY 2,805.10 ATHLETIC PROGRAMS 579.10 GOLF COURSE 22,983.38 SENIOR CENTER OPERATING 2,506.07 MULTI MODAL FACILITY 2,323.38 RIVERSHORE TRAIL & MARINA MAIN 1,237.08 SCHOOL IMPACT FEE 116,443.00 LITTER CONTROL 0.00 REVOLVING ABATEMENT 1,279.44 TRAC DEVELOPMENT & OPERATING 20,240.17 ECONOMIC DEVELOPMENT 38,085.70 STADIUM/CONVENTION CENTER 12,491.29 GENERAL CAP PROJ CONSTRUCTION 4,565.87 WATER/SEWER 234,655.41 EQUIPMENT RENTAL - OPERATING GOVERNMENTAL 39,261.26 EQUIPMENT RENTAL - OPERATING BUSINESS 14,443.42 EQUIPMENT RENTAL -REPLACEMENT GOVERNMENTAL 0.00 EQUIPMENT RENTAL - REPLACEMENT BUSINESS 0.00 MEDICAL/DENTAL INSURANCE 205,636.64 FLEX 2,677.57 PAYROLL CLEARING 846,013.52 GRAND TOTAL ALL FUNDS: $ 2,081,328.29 Page 10 of 81 BAD DEBT WRITE-OFF/COLLECTION September 1-30, 2015 1. UTILITY BILLING - These are all inactive accounts, 60 days or older. Direct write-off are under $10 with no current forwarding address, or are accounts in "occupant" status. Accounts submitted for collection exceed $10.00. 2. AMBULANCE - These are all delinquent accounts over 90 days past due or statements are returned with no forwarding address. Those submitted for collection exceed $10.00. Direct write off including DSHS and Medicare customers; the law requires that the City accept assignment in these cases. 3. COURT ACCOUNTS RECEIVABLE - These are all delinquent non -criminal and criminal fines, and parking violations over 30 days past due. 4. CODE ENFORCEMENT — LIENS - These are Code Enforcement violation penalties which are either un -collectable or have been assigned for collections because the property owner has not complied or paid the fine. There are still liens in place on these amounts which will continue to be in effect until the property is brought into compliance and the debt associated with these liens are paid. 5. CEMETERY - These are delinquent accounts over 120 days past due or statements are returned with no forwarding address. Those submitted for collection exceed $10.00. 6. GENERAL - These are delinquent accounts over 120 days past due or statements are returned with no forwarding address. Those submitted for collection exceed $10.00. 7. MISCELLANEOUS - These are delinquent accounts over 120 days past due or statements are returned with no forwarding address. Those submitted for collection exceed $10.00. Page 11 of 81 Direct Referred to Total Write-off Collection Write-off Utility Billing $ 33.03 909.77 942.80 Ambulance $ 121,714.97 13,613.62 135,328.59 Court A/R $ .00 146,230.00 146,230.00 Code Enforcement $ 3,000.00 6,936.00 9,936.00 Cemetery $ 6.25 .00 6.25 General $ .00 25.25 25.25 Miscellaneous $ .00 .00 .00 TOTAL: $ 124,754.25 167,714.64 292,468.89 Page 11 of 81 AGENDA REPORT FOR: City Council October 15, 2015 TO: Dave Zabell, City Manager Regular Meeting: 10/19/15 FROM: Stan Strebel, Deputy City Manager SUBJECT: Tourism Promotion Area I. REFERENCE(S): 2016 Budget and Marketing Plan (provided to Council at their 10/12/15 Meeting) 2016 Budget Summary TPA Reserve Account Request Letter dated October 5, 2015 2016 Special Project Expenditure II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to approve the 2016 Marketing Plan and Operating Budget for the Tourism Promotion Area in the total amount of $1,175,000. MOTION: I move to approve the 2016 Special Project Expenditure for the Tourism Promotion Area in the amount of $20,000 to be funded from the TPA Reserve Balance. III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: The Tourism Promotion Area (TPA) was formed in late 2004 to generate and administer the proceeds of a "per room night assessment" on hotels/motels in the Tri - Cities, imposed by the hotels themselves. The interlocal agreement (between Pasco, Kennewick and Richland) that created the TPA requires the annual budget and expenditure from the reserve account for the TPA to be approved by the City Council. The Budget Summary for 2016 is attached. V. DISCUSSION: Page 12 of 81 The TPA "assessment" is remitted by the hotels to the state which, in turn, distributes it to the city in which is was collected. The city is obligated to pass the funds to the TPA, for use in accordance with the approved budget. The TPA Commission has voted unanimously to request the transfer of $20,000 from the reserve account to be used for a supplemental tourism related project during 2016. Council should approve the 2016 TPA Marketing Plan and Operating Budget and Special Project Expenditures or indicate changes necessary to gain approval. Page 13 of 81 Budget Summary Expenditures 2015 Proposed 2016 Revenues Budget Budget Kennewick $497,200 44% $517,000 44% Pasco $259,900 23% $270,250 23% Richland $372,900 33% $387,750 33% Total: $1,130,000 100% $1,175,000 100% Expenditures Group Markets $492,162 43.8% $521,498 44.4% City Wide Conventions Associations Corporate & Government SMERF (social, military, education, religious, fraternal) Sports Housing & Groups Services $58,700 5% $63,051 5.4% Tourism Development $280,475 25% $284,826 24.4% Administration $183,663 16% $190,625 16% (administrative staff, office supplies, rent, telephone postage, equipment maintenance, etc.) Opportunity Fund $90,000 8% $90,000 7.7% Accounting/Professional $22,000 2% $22,000 1.9% Capital Expenditures $3,000 .2% $3,000 .2% Tota I: $1,130,000 1 100% I $1,175,000 1 100% Visit TRI -CITIES P.O. Box 2241 Tri Cities, WA 99302-2241 ,r 509-735-8486 .,'„R1 � ,,,�„i£ 00-254-5824 Faxx 5 509-783-9005 www.VisitTRI-CITIES.com WASHINGTON info@VisitTRl-CITIES.com October 5, 2015 Ms. Dave Zabell City of Pasco P.O. Box 293 Pasco, WA 99301 Dear Mr. Zabell: Thank you for allowing us the opportunity to present to the Pasco City Council on behalf of the Tri -City Regional Hotel -Motel Commission. The Commissioners would like to request the transfer of $20,000 from Tourism Promotion Area Reserve Account to be used for a supplemental tourism related project during 2016. We prepare the Tourism Promotion Area (TPA) budget in July of each year for the following calendar year. As is the case with most every budget process, there are always more worthy projects to be considered than funds to support them. We manage our resources carefully to ensure our expenses never exceed our projected income and we budget conservatively. As a result, there is currently $22,727 in funds available for reinvestment in tourism related projects. The funds available for project investment are in addition to the minimum reserve requirement of $300,000, the amount set based on the recommendation of the City Managers who participate in at Commission meetings as Ex-Officios. It is the Commission's position that once the reserve account reaches this level, that any additional funds should actively be used to promote the Tri -Cities as a destination; creating increased visitor spending in the community. The project under consideration accomplishes that goal. Given that the balance of the Tourism Promotion Area Reserve Account exceeds the acceptable level of $300,000; the Commissioners of the Tri -City Regional Hotel -Motel Commission have voted in favor of re- investing the surplus revenues, in the amount of $20,000 that will help fund the development of a regional wayfinding plan. A summary of the project and the associated expenditure is attached for your review. Again, thank you for your consideration and support of the tourism industry. I am available for any questions or comments you may have. Sincerely, Kris Watkins President and CEO Page 15 of 81 Tourism Promotion Assessment Reserve Request Reserve Project Request: $20.000 Regional Wayfinding Study The Tri -City Regional Hotel -Motel Commissioners have unanimously approved a contribution of $20,000 from TPA reserves to assist in funding the development of a regional wayfinding plan that will include signs, gateways and kiosks to link the communities of Kennewick, Pasco, Richland and West Richland. Reserve Balance Funds Available: $ 322,727 Minimum Reserve Balance Required: (As set by the Commissioners with advisement from the Ex-Officios) ($300,000) Available Funds for Investment as of July 1, 2015: $ 22,727 Wayfinding Support Reserve Request: $ 20.000 Revised Balance: $ 2,727 July 2015 Page 16 of 81 AGENDA REPORT FOR: City Council October 13, 2015 TO: Dave Zabell, City Manager Regular Meeting: 10/19/15 Rick White, Director Community & Economic Development FROM: Dave McDonald, City Planner Community & Economic Development SUBJECT: Final Plat: Replat of a Portion of A.M. Wehe's Whitehouse Addition (MF # FP 2015-004) I. REFERENCE(S): Overview Map Vicinity Map Final Plat II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to approve the final plat for the replat of Block 3 and portions of Block 2, A.M. Wehe's Whitehouse Addition to Pasco. III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: City Council approved a preliminary plat for the Replat of Block 3 and Portions of Block 2, A.M. Wehe's Whitehouse Addition to Pasco on November 3, 2014. The proposed replat is located on the west side of N. Charles Avenue north of Alvina Street. V. DISCUSSION: Prior to the approval of a final plat, the developer is to either install all infrastructure or post a bond or other instrument that secures the financing for the infrastructure improvements. In this case, the developer has completed most of the improvements and has provided the City with a bond in an amount sufficient ($9,312,50) to cover the Page 17 of 81 costs of the outstanding improvements. The final plat shows and contains information on primary control points, tract boundaries, dimensions, bearings, lot numbers and other necessary survey data. In addition, the plat contains the required descriptions, dedication and acknowledgment, and approval sections. Page 18 of 81 Overview Map Item: AM Wehe Whitehouse Applicant: Habitat for Humar File #: FP 2015-004 SITE "V Add. Replat� iit -�N- r �f W 'W W Not ow Mai, La:k -1 I�# M WI NJ MAI _ � � El! Wma �,bw MW ma� l rt. Vicin Item: AM Wehe Whitehouse Add. Replat ity Applicant: Habitat for Humanity N Map File #. FP 2015-004 M r. a W .. "' LLJ Ti W Li - U SITE i AV �aN rt 1 ALVINA ST' a $p a m I z a I I a Y�=-$SJfai��kS$EeSICSSS-� ��y, $S9�Y$x�B SSS vE$SS$88S Y� $ I Q Y N S a y py f Y Y r _____ ______________________ I 0 oto•®d�^`q ���In � qU � I Ni- ell hii 6 9 EGEORGE ST i In `\ 4�� '�� ���� __ serw•ist war ___ Ig I- i' '?pq \ 1 m a Pi a I 1 �I wru•uw laew• i I I 340 I I I I I I I a� I I �6 I I I I x I — I a I I $f I a & I � I I a I 'g� I 1 i I 1 I p I g - 6666 ��jj a I I fil � 0 8 In 00 MW I�C��� xeruw4 ie..ssiwo7 O � q $ Rqs V I � W Page k71 f AGENDA REPORT FOR: City Council October 14, 2015 TO: Dave Zabell, City Manager Regular Meeting: 10/19/15 FROM: Stan Strebel, Deputy City Manager SUBJECT: Civil Service Commission Appointment I. REFERENCE(S): PMC 2.33 RCW 41.08.030 Application, Angel Esquivel (Council packets only) II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to confirm the City Manager's appointment of Angel Esquivel to the Civil Service Commission to fill the unexpired term of Position No. 2, term to expire 2/17/16. IH. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: State Law (RCW 41.08 and 41.12) requires the City to maintain a Civil Service Commission for its police and fire departments. PMC 2.33 provides for the Pasco Civil Service Commission and appointment of its members to six-year terms. The Civil Service Commission is to be composed of three citizens to assure fairness and impartiality in the hiring and promotion of uniformed police and fire employees. The Commission also decides appeals of discipline administered to uniformed police and fire employees, when such employees elect to use the Civil Service Commission hearing process rather than the grievance arbitration process afforded in their respective bargaining contracts. In addition, the City has designated the Civil Service Board members to fill the role of a personnel board to consider certain appeals of workplace issues relating to non -uniformed employees who are not otherwise covered by a Collective Bargaining Agreement. Page 22 of 81 V. DISCUSSION: Cos Edwards had served on the Civil Service Commission for 26 years, recently resigned due to moving out of state. In searching for a replacement, staff sought an individual with the ability to make fair and impartial decisions based on the facts surrounding an issue. Mr. Angel Esquivel has worked for Newlife Church since 2011 and has resided in Pasco for four years. The City Manager and Human Resource Manager's interview of Mr. Esquivel indicated that he possesses the characteristics necessary to perform the duties of the position. Although appointments to the Civil Service Commission are made by the City Manager, PMC 2.33 provides for "...consent of the City Council." The individual named in the proposed motion has been selected for appointment after thorough consideration and the consent of the City Council is hereby requested (in the form of the proposed motion). Page 23 of 81 CHAPTER 2.33 CIVIL SERVICE COMMISSION & PERSONNEL BOARD Sections: 2.33.010 CREATED - PURPOSE.....................................................................28 2.33.020 MEMBERSHIP................................................................................28 2.33.030 CIVIL SERVICE RULES....................................................................28 2.33.040 POWERS AND DUTIES OF PERSONNEL BOARD................................28 2.33.050 FIRE CHIEF EXCEPTED...................................................................28 2.33.060 POLICE CHIEF EXCEPTED...............................................................28 2.33.010 CREATED - PURPOSE. There is created pursuant to RCW 41.08 and RCW 41.12 a Civil Service Commission for the Fire Department and Police Department, and a Personnel Board for all employees of the City. (Ord. 3266 Sec. 5, 1997.) 2.33.020 MEMBERSHIP. Residents of the City of Pasco being citizens of the United States will be eligible for appointment. The City Manager will make all appointments to the commission with consent of the City Council, following rules established in RCW 41.08 and RCW 41.12. Members of the Civil Service Commission will also serve as members of the Personnel Board. (Ord. 3266 Sec. 5, 1997.) 2.33.030 CIVIL SERVICE RULES. The Commission shall adopt rules as provided for in RCW 41.08 and RCW 41.12 respectively. Commission Rules may be amended and updated from time to time. (Ord. 3266 Sec. 5, 1997.) 2.33.040 POWERS AND DUTIES OF PERSONNEL BOARD. It shall be the duty of the Personnel Board to: A) Hear grievances in accordance with rules of procedures and practices to be adopted by the Board, but informality of proceedings or in the manner of taking testimony shall not affect any action of the Board. B) Advise the appointing authority on matters brought before the Board by the appointing authority. C) Keep such records as may be necessary for the proper execution of the powers and duties of the Board. (Ord. 3266 Sec. 5, 1997.) 2.33.050 FIRE CHIEF EXCEPTED. Any person appointed as Fire Chief after January 25, 1994 shall be excepted from inclusion within the perview of the Civil Service System created by this chapter. (Ord. 3545 Sec. 33, 2002.) 2.33.060 POLICE CHIEF EXCEPTED. Any person appointed as Police Chief after January 25, 1994 shall be excepted from inclusion within the perview of the Civil Service System created by this chapter. (Ord. 3545 Sec. 33, 2002.) PMC Title 2 12/1/14 28 Page 24 of 81 RCW 41.08.030: Civil service commission created Appointment Terms Remova... Page 1 of 1 RCW 41.08.030 Civil service commission created — Appointment — Terms — Removal — Quorum. There is hereby created in every city, town or municipality except those referred to in RCW 41.08.010, having a full paid fire department a civil service commission which shall be composed of three persons. The members of such commission shall be appointed by the person or group of persons who, acting singly or in conjunction, as a mayor, city manager, council, common council, commission, or otherwise, is or are vested by law with power and authority to select, appoint, or employ the chief of a fire department in any such city, prior to the enactment of this chapter. The members of such commission shall serve without compensation. No person shall be appointed a member of such commission who is not a citizen of the United States, a resident of such city for at least three years immediately preceding such appointment, and an elector of the county wherein he or she resides. The term of office of such commissioners shall be for six years, except that the first three members of such commission shall be appointed for different terms, as follows: One to serve for a period of two years, one to serve for a period of four years, and one to serve for a period of six years. Any member of such commission may be removed from office for incompetency, incompatibility or dereliction of duty, or malfeasance in office, or other good cause: PROVIDED, HOWEVER, That no member of the commission shall be removed until charges have been preferred, in writing, due notice and a full hearing had. The members of such commission shall devote due time and attention to the performance of the duties hereinafter specified and imposed upon them by this chapter. Two members of such commission shall constitute a quorum and the votes of any two members of such commission concurring shall be sufficient for the decision of all matters and the transaction of all business to be decided or transacted by the commission under or by virtue of the provisions of this chapter. Confirmation of said appointment or appointments of commissioners by any legislative body shall not be required. At the time of any appointment not more than two commissioners shall be adherents of the same political party. [2007 c 218 § 3; 1935 c 31 § 3; RRS § 9558-3.1 Notes: Intent -- Finding -- 2007 c 218: See note following RCW 1.08.130. Page 25 of 81 http://apps.leg.wa.gov/RCW/default.aspx?cite=41.08.030 10/15/2015 AGENDA REPORT FOR: City Council October 12, 2015 TO: Dave Zabell, City Manager Regular Meeting: 10/19/15 Rick White, Director Community & Economic Development FROM: Dave McDonald, City Planner Community & Economic Development SUBJECT: Street Vacation: A Portion of Irving Street (MF # VAC 2015-016) I. REFERENCE(S): Overview Map Vicinity Map Proposed Resolution Vacation Petition II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to approve Resolution No. , a resolution setting 7:00 P.M., Monday, November 16, 2015, as the time and date for a public hearing to consider the vacation of that portion of West Irving Street located east of Road 27. III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: The owner of La Cabana Restaurant located at 605 Road 27 has filed a petition for the vacation of Irving street lying easterly of Road 27. Irving Street east of Road 27 has been partially vacated and dead ends in private property owned by the petitioner. The City provides little to no maintenance to this dead end section of street. The petitioner is requesting the vacation to off -set the loss of parking spaces in front of his restaurant along Road 27 as a result of a dedication being required as a part of improvements to the restaurant. The petition requires the City Council to fix a public hearing to consider the vacation Page 26 of 81 request. The earliest regular City Council meeting available for a public hearing, which provides the statutory 20 -day hearing notice is November 16, 2015. V. DISCUSSION: Page 27 of 81 Item: West Irving Street Vacation Overview Applicant: Bulmaro Chavez N Map File #. VAC 2015-016 NIXON STS =e f LO w ` �q NIXON STt' ti w - y r - 77 SY'LVEST-ERST o • • - �. 7DIedicatio L VOTite ko 4ligIIN�G' STS s IRVI . � SITEN i --w - �, Z6 IL SHOS'H Li AL i 4. 4 _,i� ,' x HOPKINS ST CO 00., Vicinity Item: West Irving Street Vacation Applicant: Bulmaro Chavez Map File #: VAC 2015-016 Dedication � � �~ Site i VOW -�2081 15 3 SITE _._ T 56.6' ■! R ` I 1501 �n .. RESOLUTION NO. A RESOLUTION SETTING 7:00 PM, MONDAY, NOVEMBER 16, 2015 AS THE TIME AND DATE FOR A PUBLIC HEARING TO CONSIDER THE VACATION OF THAT PORTION OF WEST IRVING STREET LOCATED EAST OF ROAD 27. 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 easements; 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 all of West Irving Street east of Road 27, 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 November 16, 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 19th day of October, 2015. Matt Watkins Mayor ATTEST: Debra L. Clark, City Clerk APPROVED AS TO FORM: Leland B. Kerr City Attorney Page 30 of 81 Exhibit Item' West Irving Street Vacation Applicant: Bulmaro Chavez #� File #: VAC 2015-016 Dedication LU;* Site IZ- 200' NZ 115' b IRVING ST i SITE + CITY OF PASCO STREET/ALLEY VACATION PETITION FEE $20 MASTER FILE # } C x01; Cpl(, DATE SUBMITTED: i L LJ 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: APPLICANT. PROPERTY OWNED (Legal Description) Print Name: CA Y'n UC?7 G 5 - Sign Name: C' Address C_CD }� Phone #' Lc(Date Print Name: Sign Name',& Date/4Z4!/ Print Name: Sign Name: Date Print Name: Sign. Name: Date Print Name: Sign Name: Date Page 32 of 81 AGENDA REPORT FOR: City Council October 13, 2015 TO: Dave Zabell, City Manager Regular Meeting: 10/19/15 Rick White, Director, Community & Economic Development FROM: Dave McDonald, City Planner Community & Economic Development SUBJECT: Street Vacation: A Portion of W. Margaret St. (MF# VAC 2015-017) I. REFERENCE(S): Overview Map Vicinity Map Proposed Resolution Vacation Petition II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to approve Resolution No. , setting 7:00 P.M., Monday, November 16, 2015, as the time and date to conduct a public hearing to consider vacating West Margaret Street between Road 45 and Road 46. III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: The owner of the home at 1009 Road 46 has petitioned for the vacation of the undeveloped portion of West Margaret Street adjacent to the south side of his 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 November 16, 2015. V. DISCUSSION: The property owner is in the process of selling his home and during the appraisal period it was discovered the owner's detached garage was built completely on public Page 33 of 81 right-of-way. A 30 -foot wide section of West Margaret Street is located along the southern boundary of the property owners lot. This section of street was never improved and as a result a detached garage was built in the right-of-way. The detached garage was built in the right-of-way prior to the property being annexed in 1998. In 1978 the property owner, at that time, petitioned the County for vacation of the right-of-way. A hearing was set to consider the vacation of West Margaret but there is no record of a vacation ordinance being recorded to actually vacate the street. The County Assessor's property record maps still indicate West Margaret Street between Road 46 and Road 45 is a public right-of-way. Page 34 of 81 A lsomme I w ➢� � u � y M �lEs� do WE op a., y, +74ri tic Ml 111IMS i' -� �., Z sip, U. -7-M,j- doe- 6*-%' RESOLUTION NO. A RESOLUTION SETTING 7:00 PM, MONDAY, NOVEMBER 16, 2015 AS THE TIME AND DATE FOR A PUBLIC HEARING TO CONSIDER THE VACATION OF OF WEST MARGARET STREET LOCATED BETWEEN ROAD 46 AND ROAD 45. 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 easements; 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 all of West Margaret Street between Road 46 and Road 45, 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 November 16, 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 19th day of October, 2015. Matt Watkins Mayor ATTEST: Debra L. Clark, City Clerk APPROVED AS TO FORM: Leland B. Kerr City Attorney Page 37 of 81 Exhibit Item' West Margaret Street Vacation #� Applicant: Gerald Sleater x He #: VAC 2015-017 0 Q o � SITE -� MARGARET ST CITY OF PASCO FEE $200 i STREET/ALLEY VACATION PETITION MASTER FILE # � .� ! S -ti/7 DATE SUBhIiiTTED: /f� /� �t]Il 1, 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: D APPLICANT: PROPERTY OWNED (Legal Description) Print Name: Alb SSL r- r - Sign Name: Address: If2cA Phone # r�rf- Date Print Name: Sign Name: Date Print Name: Sign Name: Date Print Name: Sign Name: Date Print Name: Sign Name: Date Page 39 of 81 AGENDA REPORT FOR: City Council October 12, 2015 TO: Dave Zabell, City Manager Regular Meeting: 10/19/15 Rick White, Director Community & Economic Development FROM: Dave McDonald, City Planner Community & Economic Development SUBJECT: Street Vacation: A Portion of N Main and a Portion of Cincinnati (MF # VAC 2015-015) I. REFERENCE(S): Overview Map Vicinity Map Proposed Resolution Vacation Petition II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to approve Resolution No. , a resolution setting 7:00 P.M., Monday, November 16, 2015, as the time and date for a public hearing to consider the vacation of a portion of North Main Avenue and Cincinnati Street in the Freys Addition. III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: The owner of a portion of Blocks 48 and 49, Freys Addition has petition for the vacation of a portion of North Main Avenue and a portion of Cincinnati Street. The property owned by the petitioner is difficult to develop in its current configuration. The proposed vacation will improve the possibility of the property being developed. 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 November 16, 2015. Page 40 of 81 V. DISCUSSION: With the recent completion of improvements to Idaho Avenue north of Oregon Avenue there is no longer a need for North Main Avenue immediately to the west Idaho Avenue. As a result staff has included an additional portion of North Main beyond the petitioner property within the proposed resolution. Page 41 of 81 Item: Cincinnati St./Main Ave. Vacation Overview Applicant: Jack Williams N Map File #. VAC 2015-015 .qq AO �" p��y� 1' 7>a 1 aj• MEW JAMES ST 1 ` 1 �0 Gl y po P � NNP SITE r 0 Vicinity Map .. 0h Item: Cincinnati St./Main Ave. Applicant: Jack Williams File #: VAC 2015-015 SITE Vacation N ell CbA IJ �VP �z 1.4- so' -o-I RESOLUTION NO. A RESOLUTION SETTING 7:00 PM, MONDAY, NOVEMBER 16, 2015 AS THE TIME AND DATE FOR A PUBLIC HEARING TO CONSIDER THE VACATION OF A PORTION OF NORTH MAIN AVENUE AND CINCINNATI STREET IN THE FREYS ADDITION. 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 streets; 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 the vacating North Main Avenue adjacent to Blocks 48, 49 and 62, Freys Addition and Cincinnati Street west of North Idaho Avenue, 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 November 16, 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 19th day of October, 2015. Matt Watkins Mayor ATTEST: Debra L. Clark, City Clerk APPROVED AS TO FORM: Leland B. Kerr City Attorney Page 44 of 81 Exhibit Item• Cincinnati St./Main Ave. Vacation #1 Applicant: Jack Williams N File #: VAC 2015-015 �P SITE z c rn D 80' C9 v CD 0 a CITY OF PASCO STREET/ALLEY VACATION PETITION FEE $200 MASTER FILE # klAP, A 2_A�-01� DATE SUBMITTED: /0 ZI 015 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: s 9q Ain — A la CS was �Uj4r''''Q �v - � ti ►Til `i1y� W15S-TT p d;�- u.1. `txaA.ar�91 APPLICANT: PROPERTY OWNED (Legal Description) Print Name: _ -J-kQ Ae SLL ,_j A,,.,,, - 1- r, Al e4 Sign Name: t ©p iC 1�J _ Lrr- Sg Sit - 3 Address: _— . �?i9a1��d,1 Phone # Date a'�'j Print Name; _ � e;� L VJ I LL, k 5 �->C1 "P nl a rr+c'sGc y Sign Name• Print Name: Sign Name: Date Print Name: Sign Name: Date Print Name: Sign Name: Date Page 46 of 81 GENERAL FUND OPERATING STATEMENT THROUGH SEPTEMBER 2015 ADOPTED YTD % OF ADOPTED YTD % OF 2014 2014 TOTAL 2015 2015 ANNUAL BUDGET ACTUAL ACTUAL BUDGET ACTUAL BUDGET »9�►1�1�Y�P1 Zy� TAXES: PROPERTY 6,845,170 3,914,514 57.2% 7,159,507 3,993,278 55.8% SALES 8,207,000 7,718,744 94.1% 9,090,765 8,570,367 94.3% PUBLIC SAFETY 1,100,000 921,748 83.8% 1,300,000 995,289 76.6% UTILITY 7,789,544 6,391,620 82.1% 8,349,000 6,404,388 76.7% OTHER 1,090,000 811,914 74.5% 1,046,000 848,008 81.1% LICENSES & PERMITS 1,124,800 1,389,351 123.5% 1,304,500 1,457,833 111.8% INTERGOV'T REVENUE 1,496,000 1,603,355 107.2% 1,566,170 1,678,139 107.1% CHARGES FOR SERVICES 5,391,233 4,685,204 86.9% 6,224,521 4,548,274 73.1% FINES & FORFEITS 882,000 650,083 73.7% 806,650 606,749 75.2% MISC. REVENUE 581,160 446,040 76.7% 437,465 373,537 85.4% DEBT AND TRANSFERS IN 4,077,956 103,500 2.5% 8,471,423 9,206,234 108.7% TOTAL REVENUES 38,584,863 28,636,073 74.2% 45,756,001 38,682,096 84.5% BEGINNING FUND BALANCE 5,902,824 6,245,218 6,501,765 9,383,161 TOTAL SOURCES 44,487,687 34,881,291 78.4% 52,257,766 48,065,257 92.0% EXPENDITURES: CITY COUNCIL 113,152 76,470 67.6% 113,543 79,462 70.0% MUNICIPAL COURT 1,481,060 1,122,130 75.8% 1,564,015 1,086,826 69.5% CITY MANAGER 1,035,567 896,890 86.6% 1,291,940 965,668 74.7% POLICE 12,338,014 8,867,093 71.9% 14,271,196 9,690,272 67.9% FIRE 5,146,376 3,830,990 74.4% 6,379,042 4,561,563 71.5% ADMIN & COMMUNITY SVCS 6,618,351 5,381,121 81.3% 8,047,581 5,800,294 72.1% COMMUNITY DEVELOPMENT 1,442,650 1,067,542 74.0% 1,518,261 1,088,970 71.7% ENGINEERING 1,771,200 1,211,195 68.4% 1,839,064 1,153,880 62.7% LIBRARY 1,148,380 916,266 79.8% 1,261,686 941,500 74.6% NON -DEPARTMENTAL 2,662,343 1,470,104 55.2% 1,408,466 1,408,466 100.0% DEBT AND TRANSFERS OUT 5,288,388 1,565,029 29.6% 10,430,777 1,012,333 9.7% TOTAL EXPENDITURES 39,045,481 26,404,830 67.6% 48,125,571 27,789,234 57.7% REQUIRED ADJUSTMENTS RELATING TO REVENUE RECOGNITION": (3,514,678) ENDING FUND BALANCE 5,442,206 8,476,461 4,132,195 16,761,345 TOTAL EXPEND & END FUND BAL 44,487,687 34,881,291 52,257,766 44,550,579 UNRESTRICTED CASH AND INVESTMENTS: 6,156,074 8,701,986 EXPECTED PERCENTAGE OF REVENUES AND EXPENDITURE, FOR 9 MONTHS: 75% '2014 revenue accruals to be reversed in 2015 These statements are intended for Management use only. Page 47 of 81 AGENDA REPORT FOR: City Council October 13, 2015 TO: Dave Zabell, City Manager Regular Meeting: 10/19/15 Rick White, Director Community & Economic Development FROM: Jeff Adams, Associate Planner Community & Economic Development SUBJECT: Arterial Corridors Commercial Design Standards (MF# CA 2015-003) I. REFERENCE(S): Proposed Ordinance Planning Commission Minutes Dated: 5/21/2015, 6/18/2015 and 9/17/2015 IL ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to adopt Ordinance No. , and ordinance creating PMC Chapter 25.59 dealing with Commercial Corridors Design Standards on select parcels in the "O" and C-1 Zoning Districts. III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: At the April 16, 2015 Planning Commission meeting the Planning Commission reviewed photos of a stark building recently constructed on Sylvester Street which dramatically contrasts with the adjacent bank and surrounding neighborhood. While this kind of construction does not conform to the character of the surrounding neighborhood, it is permitted under the current code. The Planning Commission held workshops on May 21 and June 18, 2015 to consider changes to the code regarding design standards for commercial corridors. The Planning Commission held a public hearing on September 17, 2015 where the Commission recommended the City Council adopt the arterial corridors commercial Page 48 of 81 design standards. Prior to the public hearing, Staff provided public notice directly to owners of properties within the areas impacted by the proposed regulations. V. DISCUSSION: The proposed ordinance includes the following guidelines for arterial corridors commercial design standards: 1. The proposed standards apply only to new construction and only when the value of that new construction meets or exceeds 50% of the assessed value of the improvements on a given parcel. 2. The proposed standards apply only to Office ("O") and Retail Commercial (C-1) Zoning districts. 3. The proposed standards apply only to the street -facing facades for properties that are not adjoining residential properties and also to the sides and rear for properties that adjoin residential properties. 4. The proposed standards require certain baseline items as "Mandatory" and a second tier of items where the property owner could choose suggested standards at their discretion. 5. Based on conversations with the City Inspection Services Manager the cost of implementing these design standards on a $500,000 commercial structure might range from 0% to 20%, based on the item. 6. It must be noted that these costs are extremely fluid, and can change based on many factors, including initial design, architectural style, materials used, and so forth. As well, most applications already incorporate many, if not most of these design features into their buildings. Windows - 1%-5% Additional Entrances - 5% Screening mechanical equipment - 2%-5% Locating wall -mounted electrical/mechanical equipment 0%-5% City Council discussed this item at the October 12, 2015 Workshop Meeting. Page 49 of 81 ORDINANCE NO. AN ORDINANCE CREATING PMC CHAPTER 25.59 DEALING WITH COMMERCIAL CORRIDORS DESIGN STANDARDS ON SELECT PARCELS IN THE "O" AND C-1 ZONING DISTRICTS. WHEREAS, cities have the responsibility to regulate and control physical development within their borders and to ensure public health, safety and welfare are maintained; and, WHEREAS, the City of Pasco has zoning regulations that encourage orderly growth and development of the City; and, WHEREAS, on September 17, 2015 the Planning Commission held a public hearing to consider creating design standards for properties along major corridors in the Office ("O") and Retail Commercial (C-1) Zoning Districts; and, WHEREAS, the City Council has determined that to further the purposes of maintaining a quality community, it is necessary to amend PMC Title 25; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DOES ORDAIN AS FOLLOWS: Section 1. That PMC Chapter 25.59 be added as follows: CHAPTER 25.59 COMMERCIAL CORRIDORS DESIGN STANDARDS Sections: 25.59.010 PURPOSE.................................................................................................1 25.59.020 APPLICABILITY.....................................................................................2 25.59.030 USE IN COMBINATION........................................................................2 25.59.040 PLAN REQUIRED...................................................................................3 25.59.050 CONDITIONS OF APPROVAL..............................................................3 25.59.060 DESIGN STANDARDS...........................................................................3 25.59.140 RELIEF.....................................................................................................4 25.59.150 PENALTY AND ENFORCEMENT........................................................5 25.59.160 ADDITIONAL PENALTY-LIEN............................................................5 25.59.010 PURPOSE. The purpose of the Commercial Corridors Design Standards is to provide additional development regulations to create aesthetically attractive buildings and commercial development along the commercial corridors of the City. 1.59.20 APPLICABILITY. 1. The Development and Design Standards of this Overlay District will apply to all office ("O") and Retail Commercial Zoning districts (C-1) located along the street corridors, as listed below: a. "A" Street Page 50 of 81 b. Argent Road c. Columbia Street, between 1st Avenue and 10th Avenue d. Court Street e. Lewis Street £ Sylvester Street g. West Clark Street h. 3rd Avenue, north of "A" Street i. 4th Avenue, south of Highway 395 j. 5th Avenue, between "A" Street and Court Street k. 6th Avenue, between "A" Street and Court Street 1. 10th Avenue in. 14th Avenue n. 20th Avenue o. Road 28 p. Road 36 2. The Design Standards shall apply to all new commercial development and all remodels or expansions where the cumulative cost of remodeling and/or expansion within the last 5 years is equal to or exceeds 50% of the current assessed value of the structure as determined by the City's building official. 25.59.030 USE IN COMBINATION. This chapter shall be used in addition to and in combination with the districts identified in Section 25.59.020 and development regulations contained in this Title as they apply to the lands described in Section 25.59.020. The requirements of this chapter shall take precedence over any requirements of the underlying district regulations. 25.59.040 PLAN REQUIRED. Prior to issuance of building permits, one full set of building elevations shall be submitted to the Community Development Department for review for consistency with the provisions of this chapter. The elevations must be drawn to scale. 25.59.050 CONDITIONS OF APPROVAL. Upon receipt of a completed building permit application the elevations shall be forwarded to the Planning Office for review and approval. 25.59.060 DESIGN STANDARDS. The following design standards shall apply to all buildings in the Commercial Corridors Overlay District. 1) Mandatory standards: a) Solid blank facades must be avoided on the front or street facing sides of the building. They must be treated with windows, entrances, canopies, cornices, and by articulating the fagade and/or screening with landscaping. b) Screening of Electrical and Mechanical Equipment i) Rooftop electrical and mechanical equipment shall be obscured from view (i.e. by use of an architecturally integrated screen or parapet). Page 51 of 81 ii) Mechanical equipment when placed on the ground shall be obscured from view by use of an architecturally integrated screen. iii) Wall -mounted electrical and mechanical equipment shall be located on the less visible side of the building and obscured from public view. c) Rear of Building i) Rear of the building and service areas must not be located facing a public street, as identified in 25.59.020. In cases where there are no other options, the service areas and rear located facing the street must be screened from public view with landscaping, grading and/or fencing. ii) Fencing shall be consistent with the building design. iii) On parcels abutting or across a public way from residential zones the sides and rear of the building adjacent or across a public way from residential zones shall be consistent with the street -facing fagade(s) of the building in terms of design style, building material and architectural themes. 2) In addition to mandatory building standards, buildings on parcels abutting residential zones shall incorporate on the abutting elevation(s) at least one of the optional standards listed below: a) Elevations more than 50 feet long shall be treated with the following: i) Change in the roof or wall plane (4 ft. minimum) ii) Projecting or recessed elements iii) Varying rooflines (4 ft. minimum) b) Entrance to the building made visible and prominent by using large entry doors, porches, protruding, or recessed entrances. c) Light poles, signage and similar accessories which are coordinated so that the view and accessibility to the entrance are not obstructed. d) Windows which help create a visual connection between the indoor and outdoor environment in order to make businesses more attractive. e) Additional architectural features such as porches, canopies, and display windows. 25.59.140 RELIEF. Where relief is sought from the provisions of this chapter, application shall be made in the form of a letter explaining the relief sought and the reasons therefore, accompanied by a scaled site plan and a $100.00 dollar fee. The complete application shall be filed with the Economic & Community Development Director. Within fifteen working days from the date of receipt of a complete application, the Economic & Community Development Director shall issue a written decision to approve, approve with modifications, or deny the request for relief. Any decision of the Economic & Community Development Director may be appealed to the City Council if written notice of appeal, which shall include all and exclusive reasons for said appeal, is filed with the Economic & Community Development Director within ten working days from the date of the decision. In the event a written decision is not issued by the Economic & Community Development Director within the required time period, the application for relief shall automatically constitute a qualified and properly filed notice of appeal and shall be Page 52 of 81 considered by the City Council in accordance with this section. The City Council, within thirty calendar days from the date of filing of the appeal, shall consider the appeal at a regular meeting thereof, but such consideration shall be limited to the reasons included in the written notice of appeal and shall include the written decision of the Economic & Community Development Director and the reasons therefore. The City Council may affirm, modify or reverse the decision of the Economic & Community Development Director. 25.59.150 PENALTY AND ENFORCEMENT Enforcement of the provisions of this Title will occur through the use of the Code Enforcement Board procedures contained in Title 11. Section 2. This ordinance shall be in full force and effect five days after passage and publication as required by law. PASSED by the City Council of the City of Pasco, at its regular meeting of October 2015. Matt Watkins Mayor ATTEST: APPROVED AS TO FORM: Debra L. Clark, City Clerk Leland B. Kerr, City Attorney Page 53 of 81 PLANNING COMMISSION MEETING MINUTES 5/21/2015 A. Code Amendment Arterial Corridor Commercial Design Standards (MF# CA 2015-003) Chairman Cruz read the master file number and asked for comments from staff. Rick White, Community & Economic Development Director, discussed the code amendment for arterial corridor commercial design standards. During the April meeting the Planning Commission discussed possible design standards outside of the I-182 Corridor. The City has design standards for the north and west sections of Pasco, however, nowhere in other commercial corridors in the City. Design standards would be a positive advantage for development within the City and Staff would like direction as to whether the I-182 Corridor standards should be extended or if new standards should be developed. Commissioner Bowers asked what Staff recommends. Mr. White responded that they don't particularly have a recommendation but would prefer to develop unique design standards for other parts of town, different from the I-182 Corridor standards. Chairman Cruz responded that he is in favor of seeing specific standards and perhaps pick targeted areas to start with. It would be difficult to use the I-182 Corridor standards everywhere else. Commissioner Bowers asked why there haven't been design standards set before. Mr. White answered that it was easier and more feasible to apply the standards as the community developed from the ground up, as opposed to going back on additions and remodels in established areas of town. Commissioner Bowers asked how much it would cost to make the new design standards. Mr. White responded that it is just staff time. As for cost to the recipients of the new regulations, until he knows what the standards are he could not answer. Commissioner Mendez asked if this would apply to the downtown area that has different design standards. Mr. White answered that those questions will be brought back to the Commission at a future meeting, such as if it applies to a building should a remodel occur or an addition. Chairman Cruz added that typically when there is a remodel to 50% or more of the structure then the new design standards would have to apply but the Planning Commission could make specific conditions for specific areas in the City as long as there is consistency. -1- Page 54 of 81 Commissioner Portugal asked what option staff is recommending. Mr. White responded that option three is what staff recommends. Commissioner Portugal asked for clarification on the costs. Mr. White responded that it will not be costly for staff time. Commissioner Bowers suggested a map be supplied to make it easier to see the areas proposed for code amendments. Mr. White responded that there are many options depending on the areas that the Planning Commission would like to review. Visuals will be brought to the Planning Commission at a later meeting. Chairman Cruz added that when it comes back to the Commission there will likely be options with arterial and non -arterial streets and existing versus new development but as of now there are only design standards for the I-182 Corridor. There were no further comments. -2- Page 55 of 81 PLANNING COMMISSION MEETING MINUTES 6/18/2015 A. Code Amendment Arterial Corridor Commercial Design Standards (MF# CA 2015-003) Chairman Cruz read the master file number and asked for comments from staff. Rick White, Community 8v Economic Development Director, discussed the proposed code amendment of arterial corridor commercial design standards. During the last discussion on this item, the Planning Commission posed some questions that staff has tried to answer in the first part of the staff report. Mr. White asked for feedback from the Planning Commission on the following questions: (1) Should the new standards apply only to new buildings and if so, is 50% the correct threshold? Chairman Cruz responded that in the past, 50% has been the threshold and he is in support of that number. The Commissioners were all in agreement. (2) If the standards apply to all buildings - what is the threshold (percentage of a remodel or addition) for triggering compliance with the new standards? Mr. White stated that question was already answered. (3) Will the standards apply to all zoning districts? Mr. White stated that staff is looking at areas outside of the I-182 Corridor. Many of Pasco's Commercial District's east of Highway 395 are not meant for retail sales but for very heavy commercial and/or industrial types of uses. Staff recommends the design standards would only apply to the Office "O" Zone and the Retail Business "C-1" Zone and only along specific corridors. Chairman Cruz asked the Commissioners if they wished to push the applicability beyond office or retail. Commissioner Khan asked for clarification on C-2 Zoning. Mr. White answered that C-2 is Downtown. C-1 is the zoning typically along Court Street or Road 68. Commissioner Bachart asked what the zoning was for the building that triggered the need for this code amendment. Mr. White responded that it was zoned C-1. Commissioner Bowers asked for examples that didn't follow design standards of what isn't desired in a C-1 Zone. -1- Page 56 of 81 Mr. White couldn't think of another example other than the building directly west of the Gesa Credit Union on Sylvester Street. Chairman Cruz added that the goal is to uphold consistent curb appeal without overly impugning property owners. Commissioner Polk stated that the reason the particular building in question seems so out of place is because it doesn't match the surrounding buildings and character of the neighborhood, so she wouldn't mind language in the code addressing the style and character of the existing neighborhood. Chairman Cruz responded it gets touchy. The Planning Commission should address areas because for example, Lowe's doesn't have to match Walmart but they both have to be presentable. Mr. White added that in further discussion, Commissioner Polk's concern might get addressed. (4) Should the standards apply to only certain street corridors? Mr. White reminded the Commissioners that it would only pertain to the "O" and "C-1" Zones in these corridors. The staff report contained a list of suggested corridors. Commissioner Bowers stated that there should be caution in terms of "standards" because different communities have different ideas as to what works for them and what is attractive and the City should be as inclusive as possible. Chairman Cruz responded that the staff report addresses those issues. It isn't about making every building look the same, but rather, eliminating huge blighted buildings that don't fit the neighborhood. Commissioner Polk said that was her earlier point in that the building in question didn't remotely match the character of the neighborhood. She would like the building to match the neighborhood but not a specific design. Commissioner Mendez asked about the Downtown Area. Mr. White clarified that the Downtown Area is zoned C-2 and is common -wall construction so the same concerns won't apply. There are some C-1 stand-alone buildings along those streets. Mr. White asked if the standards were imposed, would they only apply to the part of the building or fagade facing the street or would they apply to the sides as well as the street and in some cases, the rear. Staff would recommend the Commissioners only consider the street facing facades for properties that are not adjoining residential properties but that the sides and rear be addresses for properties that do adjoin residential properties. Chairman Cruz agreed with the staff recommendation and the Commissioners were in -2- Page 57 of 81 agreement. Mr. White added that staff would like to require certain baseline items as "Mandatory" and creating a second tier of items where the property owner could choose suggested standards at their discretion, such as: massing and architectural features, prominent entrance, facade transparency, corner treatments, rear of building and screening of electrical and mechanical equipment. Chairman Cruz stated that he would be fine with "faux" features, such as fake windows, for certain structures due to security reasons, etc. Commissioner Polk asked if the pump house structure that went before the Planning Commission a while back had fake windows. David McDonald, City Planner, responded that the pump station mainly had brick and a pitched roof and some landscaping. Mr. White responded that what staff is looking for is an approach that establishes the minimum baseline and allows a menu of options to choose for enhancing the baseline or not. Chairman Cruz replied that to Commissioner Bower's previous concerns of design standards, this would offer a lot of flexibility to the property owners. Variety is good, this is just to prevent an eye sore. These standards will help keep the character of the neighborhood yet meet the functional requirements for the property owner. Commissioner Bowers stated that she would like to see an example of the "faux" windows. Mr. McDonald responded that a good example is on the Lowe's building on Road 68. Commissioner Khan asked why Sandifur, Burden and Road 68 weren't listed and if it was because there were already rules that apply to those areas. Chairman Cruz stated those areas fall within the I-182 Overlay District. Commissioner Bowers asked what the process is going to be moving forward. Chairman Cruz answered that staff will draft a final proposed code amendment and bring it back to the Planning Commission where a recommendation will be made to City Council. Commissioner Khan discussed using this as an opportunity to define neighborhoods by a set of characteristics rather than a base, such as how the Downtown has a theme and that theme is matched with facades, roofing and vegetation. Commissioner Polk responded that the Downtown Area is her neighborhood and she hopes that the proposed code amendment will protect her neighborhood from industrial looking buildings. -3- Page 58 of 81 Commissioner Bowers asked if there would be an opportunity for public comment. Mr. White answered that when a more finished draft of the code amendment is ready a public hearing will be held for public comment. Chairman Cruz suggested examples for the next time it is brought back to the Planning Commission. In terms of defining neighborhoods, that would be nice but a little difficult, especially retroactively. Typically those would have to be enforced with restrictive covenants which are either a boost or barrier to people developing. Mr. White responded that the notion of having a menu might allow for what Commissioner Khan was talking about to happen on its own. There was no further discussion. -4- Page 59 of 81 PLANNING COMMISSION MEETING MINUTES 9/17/2015 F. Code Amendment Arterial Corridors Commercial Design Standards (MF# CA 2015-003) Chairwoman Polk read the master file number and asked for comments from staff. Jeff Adams, Associate Planner, discussed the proposed code amendment to arterial corridors and commercial design standards. This item has come before the Planning Commission several times for input. A public notice was sent to owners of commercial properties in question and on the back of the notice was the area map. The modified language is that on parcels abutting or across a public way from residential zones, the sides and rear of the building adjacent or across the public way from residential zones shall be consistent with the street facing facades of the building in terms of design, style, building materials and architectural themes. This goes along with a recommendation in the memo to the Planning Commission stating that the proposed standards should apply only to the street -facing facades for the properties that are not adjoining residential properties and the sides and rear for properties that adjoin residential properties. All other conditions are listed in the staff memo and proposed ordinance. Dave McDonald, City Planner, stated for the benefit of the audience in attendance the reason behind this code amendment. Late last year or early this year a building permit was issued for a building on Sylvester Street. It has been completed and after it was built there were questions raised as to how the City permitted a building that looks as it does. As a result, the Staff and Planning Commission were charged with looking at the zoning code to see if there could be some small changes made to ensure that buildings built within the main corridors along the arterial streets had some standards and appearance so they don't stand out or look unattractive. This would be much like what has been done in the I-182 Corridor. It would require any new building in the proposed area to meet the new standards. Commissioner Khan requested clarification for the "Applicability" in the proposed ordinance that states, "The Design Standards shall apply to all new commercial development and all remodels or expansions where the cumulative cost of remodeling and/or expansion within the last 5 years..." Mr. Adams responded that the "last 5 years" was put in to prevent someone from approaching the threshold with one building permit and then with upgrades later build more upgrades reaching the threshold but bypass the standards. This would create a timeline for these standards to apply. Ford Lane, 2709 W. Sylvester Street, asked for clarification on the proposed changes and how they would affect his mother's home that is on a commercially zoned lot. Mr. Adams replied that the proposed code amendment would not apply to him as long as the property is a home. George Galloway, 221205 E. Bryson Brown, Kennewick, spoke on behalf of Gesa Credit Union. He explained that they built the building that set off the code amendment. The -1- Page 60 of 81 changes will be substantial. He stated that they did their best with the current building to make it look nice and there is a nice visual barrier to block from the neighboring properties and planted landscaping. He wanted to make sure that any substantial improvements down the road won't be affected by this code amendment. Alex Emig, 4902 S. Everett Court, asked for clarification on architectural features pertaining to this code amendment. Mr. Adams referenced PMC 25.59.060 as contained in the staff report that included mandatory standards, electrical and mechanical standards and rear of building standards. Commissioner Bowers added that at a prior meeting it was mentioned that in a previous meeting the Lowe's store was a good example to meeting the design standards as they have faux windows to make the exterior look nicer and not like a box. Commissioner Greenaway asked for clarification for Mr. Galloway of Gesa. Mr. McDonald answered that if they go in just to do electrical work that is handled by L&I so the City wouldn't be involved. If they remodel structurally or create offices or flooring, building new walls, add bathrooms and it meets the 50% threshold then they would have to bring the building to the new standards. If they add generators they will likely have to get a pad from the City but that isn't considered new construction. With no further questions or comments the public hearing closed. Commissioner Bachart moved, seconded by Commissioner Portugal, the Planning Commission adopt the findings of fact as contained in the September 17, 2015 staff memo on Arterial Corridors Commercial Design Standards. The motion passed unanimously. Commissioner Bachart moved, seconded by Commissioner Portugal, the Planning Commission recommend the City Council adopt the proposed code amendments for Arterial Corridors Commercial Design Standards as attached to the September 17, 2015 staff memo to the Planning Commission. The motion passed unanimously. -2- Page 61 of 81 AGENDA REPORT FOR: City Council October 12, 2015 TO: Dave Zabell, City Manager Regular Meeting: 10/19/15 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 Kennewick and Richland, and Benton and Franklin Counties and, further, authorize the Mayor to execute the Agreement. III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: Law enforcement agencies in Benton County are dispatched by a PSAP (SECOMM) operating on an 800 MHz radio system. The Pasco Police Department and Franklin County Sheriffs Office have recently switched to 800MHz radios and are dispatched by Franklin County, a separate PSAP. The switch is possible by a "patch" through the SECOMM system, however the agencies remain dispatched by Franklin County. While this has improved interoperability between public safety agencies between the two counties, a "patch" is just that, a patch, and cannot be relied upon as a long-term solution. Aside from the reliability (patch) of system interoperability among emergency responders, advances in technology and associated limitations have created a situation where it is not uncommon for cellular calls meant for one of the PSAPs to go to the other. When this happens, the call has to be answered, the call -taker must determine that the call is meant for the other center, the call must then be manually transferred to the intended PSAP and a brief hand-off. This process adds extra time to critical and sometimes life-threatening situations and increases the chance of errors. Page 62 of 81 To address these and other concerns, 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. A work group was formed to evaluate the aforementioned deficiencies and develop solutions. Considerable analysis has been performed by and at the behest of the working group, most notably the analysis, recommendations and plan prepared by Sciens, a consulting firm with expertise in this area. The plan concluded that consolidation of the two PSAPs will not only resolve the critical interoperability and call intake issues noted above, but will result in an economy of scale that would translate into operational savings for all system users. Accordingly, 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 for Council consideration which establishes an organization called Multi -Agency Three Rivers Information & Communication Services or MATRICS. V. DISCUSSION: The proposed Interlocal Agreement is the result of considerable effort between the MATIRCS partner agencies. This is the third version of the proposed MATRICS Interlocal Agreement, which is largely consistent with the version most recently passed by the Pasco City Council this spring. Both Benton and Franklin Counties have already ratified this version of the Interlocal Agreement and the cities of Kennewick and Richland are poised to do so on October 20. The primary difference between the current version of the agreement to the previously approved version is modification of Section 10 to specify that the presence of two- thirds of the total number of Member Agencies shall qualify a quorum for the purpose of transacting business, and an absolute two-thirds vote is required for approval of MATRICS actions. This modification assures that the Member Agencies must be in a high level of agreement in order for an action to be implemented. 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. Page 63 of 81 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. transfer of equipment and/or technology, personnel, etc.). The proposal was negotiated in good faith by all parties and represents a high degree of collaboration among the Member Agencies. Staff recommends approval of the Agreement. Page 64 of 81 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 fmm 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-PIlN) 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 MATNCS Interlocal — September 2015 Page 1 Page 65 of 81 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'l for dispatch service, the Bi -County Police Information Network (`BI -PINT, 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. 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 — September 2015 Page 2 Page 66 of 81 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'I 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 scheduletformula. 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. MATHO Interlocal — September 2015 Page 3 Page 67 of 81 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 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 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's composed of Board Members appointed by the legislative bodies of the 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 MAnUCS Interlocal — September 2013 Page 4 Page 68 of 81 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 two-thirds (67%) of the total number of Member Agencies shall constitute a quorum for the purpose of transacting business. An absolute two-thirds vote in the affirmative is required for approval of MATRICS actions. 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; C. 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 safcty communications services, and all other duties that each Member Agency has assigned to MATRICS pursuant to this Agreement, 12. BOARD DUTIES. M4TRICS Interlocal — September 2015 Page S Page 69 of 81 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 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 MATRICS Interlocal — September 2015 Page 6 Page 70 of 81 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 foes, 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 approval of a separate unanimous Board action detailing the apportionment of costs to each Member Agency for the provision of said service. M4TRICS Interlocal — September 2015 Page 7 Page 71 of 81 (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. W=RAWAUREMOVAL 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 Agency. 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 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. AM nUCS Interlocal — September 2015 Page 8 Page 72 of 81 lb. 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. 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 M 77UCS Interlocal —September 2015 Page 9 Page 73 of 81 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. 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 MAnUCS Interlocal — September 2015 Page 10 Page 74 of 81 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. wAIY 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] MAnUCS Interlocal — September 2015 Page 11 Page 75 of 81 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 L;j.r. - Title Chu i rrra -n &,Q r c1 a-� Date 9 9-at1/5 ozOls-��l MA72UCS Interlocal —September 2015 Page 12 Page 76 of 81 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 — September 2015 Page 13 Page 77 of 81 AGENDA REPORT FOR: City Council TO: Dave Zabell, City Manager FROM: Stan Strebel, Deputy City Manager SUBJECT: National Citizen's Survey I. REFERENCE(S): October 13, 2015 Regular Meeting: 10/19/15 IL ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: III. FISCAL IMPACT: Proposed at $14,280 IV. HISTORY AND FACTS BRIEF: As follow-up to the meeting of October 12, City staff consulted with staff at the National Research Center and it was confirmed that the online survey or non-scientific results cannot be tracked to determine if respondents are City residents. V. DISCUSSION: At the meeting of October 12, the Mayor polled members on questions that were of interest to each. The resulting tally from the discussion was: * District -Based Voting: 6 * Safety Cameras: 4 * Public Records Requests: 3 * Marijuana: 3+ (depending on ability to track online responses) While the Council has the option to ask up to three questions, it need not ask all if there is not sufficient consensus. Questions for consideration: Page 78 of 81 Marijuana In 2012, Washington voters approved Initiative #502 which established a system to regulate, license and tax the production, processing and sale of marijuana. The State Attorney General has issued an opinion that individual jurisdictions may adopt land use regulations which effectively prohibit businesses or individuals from the production, processing or sale of marijuana and marijuana products. Marijuana possession and use, except for medical purposes, continues to be banned under federal law. Following an initial moratorium on marijuana in 2011, the City, in July 2014, imposed land use regulations which effectively prohibit the production, processing and sale of marijuana or marijuana products. Use and possession is not affected by the City's ban. Part of the reasoning of the City Council in its adoption of the ban included the fact that in the 2012 election, with 76% voter turnout, Pasco voters rejected Initiative 502 with 59% opposed to legalization and 41% in support. Do you agree or disagree with the City's current regulations which ban marijuana production, processing or sale within the City? a) Strongly Agree b) Somewhat Agree c) Strongly Disagree d) Somewhat Disagree Recycling The City contracts with Basin Disposal Inc. (BDI) for solid waste collection and disposal services. BDI has indicated an ability to provide supplemental user rate estimates for implementing curbside recycling services for recyclable materials such as paper, aluminum, glass and plastics and/or for yard waste. Which form of recycling would you most prefer? a) Paper, aluminum, glass and plastics b) Yard waste c) Both d) None Safety Cameras Some of the most serious traffic accidents occur at signalized intersections, many of which involve red light violations. Some cities in the state and country have implemented safety cameras at high incident locations to discourage red light violators through automatic ticketing for violations. A study sponsored by the Federal Highway Page 79 of 81 Administration of seven cities found that while right-angle or "T-bone" type collisions were reduced by 25% with the deployment of red light cameras; the incidence of year- end collisions at such intersections was increased by 15%. Rear -end collisions however are generally less costly and result in fewer injuries than "T-bone" collisions. Do you support or oppose the City's consideration of safety cameras to increase red light compliance and safety at certain signalized intersections? a) Strongly support b) Somewhat support c) Somewhat oppose d) Strongly oppose District -Based Voting The legislative branch of the City operates with seven members serving on the City Council. Two members are elected "at large" by all voters and regardless of the candidates' place of residence within the City. Five members are elected on the basis of residence, with only residents within the district able to file to run for election and only voters residing within the district voting on district candidates at primary elections. According to current state law, all voters within the City may vote on district candidates at the general election. While some favor the current system because, while it ensures geographical representation on the City Council, it suggests that members of the Council must look to city-wide interests and needs. Others favor a change to "district -based" voting for the general election where only district residents vote for City Council candidates at the general election, in order to assure that elected Councilmembers represent the voters from within the district. Do you favor: a) The current system of voting (City-wide in the general election) b) District -based voting (allowing votes of only district residents in the general election) Public Records Requests The State Public Records Act provides that units of state and local government must be responsive to citizen requests to view or obtain copies of public documents. While most requests are specific in nature and limited in scope, some requestors have used the system to make burdensome or harassing requests for huge volumes of non-specific documents — resulting in significant public costs for responding to such requests. To what extent do you agree that public records requestors, if making frequent, large volume requests, should be required to pay a proportionate share of the costs of making such requests? a) Strongly Agree b) Somewhat Agree c) Somewhat Disagree d) Strongly Disagree Page 80 of 81 If Council can provide direction at the meeting of October 19, staff can move forward with completion of the survey instrument to allow survey results to be made available in early February 2016. Page 81 of 81