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2016.04.25 Council Workshop Packet
Page 3-5 6-18 19-27 28-47 48-52 Workshop Meeting 1. CALL TO ORDER: 2. ROLL CALL: AGENDA PASCO CITY COUNCIL 7:00 p.m. April 25, 2016 (a) Pledge of Allegiance 3. VERBAL REPORTS FROM COUNCILMEMBERS: 4. ITEMS FOR DISCUSSION: (a) Planning Commission Interviews Council to conduct brief interviews with Pamela Bykonen, Bob Ludwikoski, Kurt Lukins and Alfonso Sanchez. (b) Pasco Public Facilities District Presentation Presented by Mark Morrissette, Pasco PFD Board President (c) Powerline Road Municipal Boundary Adjustment (d) Wireless Cellular Facilities (e) Oregon Ave Improvements Ph. 1 WSDOT Agreement GCB 2341 for Professional Services (f) Council Goals 2016-2017 5. MISCELLANEOUS COUNCIL DISCUSSION: 6. EXECUTIVE SESSION: 7. ADJOURNMENT. REMINDERS: 1:30 p.m., Monday, April 25, Ben -Franklin Transit Office — Hanford Area Economic Investment Fund Committee Meeting. (COUNCILMEMBER AL Page 1 of 52 Workshop Meeting April 25, 2016 YENNEY, Rep.; SAUL MARTINEZ, Alt.) 5:00 p.m., Tuesday, April 26, TRAC — TRAC Advisory Board Meeting. (MAYOR MATT WATKINS and COUNCILMEMBER AL YENNEY) 7:30 a.m., Wednesday, April 27, 7130 W. Grandridge Blvd — Visit Tri -Cities Board Meeting. (COUNCILMEMBER MIKE GARRISON, Rep.; TOM LARSEN, Alt.) 4:00 p.m., Wednesday, April 27, 7130 W. Grandridge Blvd — Tri -Cities National Park Committee Meeting. (MAYOR MATT WATKINS) 4:00 p.m., Thursday, April 28, 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 2 of 52 AGENDA REPORT FOR: City Council April 20, 2016 TO: Dave Zabell, City Manager Workshop Meeting: 4/25/16 FROM: Stan Strebel, Deputy City Manager SUBJECT: Planning Commission Interviews I. REFERENCE(S): Applications (4) (Council only) Resolution No. 3388 II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Council to conduct brief interviews with Pamela Bykonen, Bob Ludwikoski, Kurt Lukins and Alfonso Sanchez. III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: The Planning Commission is composed of nine members; terms are for six years. The Commission meets on the third Thursday of each month at 7:00 pm. The Planning Commission conducts workshop meetings and public hearings on land - use policy and development proposals and issues recommendations for the City Council. There are two positions whose terms have expired: 1. Position No. 1 (currently Tanya Bowers) 2. Position No. 2 (currently vacant) The Council screening committee recommends that, as outlined in Resolution No. 3388, the incumbent in Position No. 1 be reappointed without interview. At the present time there is one vacant, unexpired term: 1. Position No. 8 (vacant) term expiration date of 2/2/20. Page 3 of 52 After Council Screening Committee review of all applications, the following have been selected to interview for possible appointment to Positions No. 2 and 8: 1. Pamela Bykonen - 931 W. Margaret Street 2. Bob Ludwikoski - 10720 Court Street 3. Kurt Lukins - 5113 Lucena Drive 4. Alfonso Sanchez - 5715 Belmont Drive V. DISCUSSION: After conduct of interviews at the April 25 Workshop meeting, it is proposed that appropriate appointments be made by the Mayor, subject to confirmation by the Council at the May 2 business meeting. Page 4 of 52 RESOLUTION NO. A RESOLUTION Providing a Process for Appointments to City Boards and Commissions. WHEREAS, the City of Pasco maintains several citizen advisory boards to assist the delivery of municipal services as well as to advise the City Council in making various policy decisions; and WHEREAS, the appointment process prescribed by the Pasco Municipal Code requires the Mayor to appoint citizens to vacancies on such boards, subject to confirmation of the City Council; and WHEREAS, the Mayor and City Council desire to establish an appointment process which is more collaborative yet efficient for both the applicants and City Council alike; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON DOES RESOLVES AS FOLLOWS: Section 1: Applications for city boards and commissions shall be solicited annually by the City Manager on behalf of the City Council. Section 2: All applications received by the City Manager shall be reviewed by a City Council committee appointed by the Mayor; such committee, to be known as the "Appointment Screening Committee," shall be ad-hoc, appointed annually, and consist of three members, including the Mayor. The Appointment Screening Committee shall select those applicants it deems best suited for the respective board/commission but not more than three applicants for each vacancy to be filled. The Appointment Screening Committee shall consider the following factors in making their selections for further consideration: a) Geographic representation; b) Gender representation; c) Ethnic representation; d) Familial and financial relationships of board members Section 3: Those applicants selected by the Appointment Screening Committee shall be interviewed by the City Council during a public meeting; provided, however, the Screening Committee may recommend reappointment of an incumbent applicant without interview by the City Council if the incumbent has served not more than two consecutive terms since the last interview. At a City Council meeting following such interview, an interviewed candidate shall be selected by the Mayor for appointment to each vacancy. Any candidate selected by the Mayor shall be subject to confirmation vote of the City Council; a majority vote of the quorum present at such meeting shall be required to confirm the Mayor's appointments. Section 4: Any prior resolutions of the City Council in conflict with the provisions of this resolution shall be superseded by this resolution. PAS D by the City Council qty of Pasco at its regular meeting this 16`h day of April, 2012. Matt Watkins, Mayor u.� Debra Clark, City Clerk APP V AS TO FORM: Leland B. Kerr, City Attorney M___ r_ _.0 r_ n AGENDA REPORT FOR: City Council April 20, 2016 TO: Dave Zabell, City Manager Workshop Meeting: 4/25/16 FROM: Rick White, Director Community & Economic Development SUBJECT: Powerline Road Muncipal Boundary Adjustment I. REFERENCE(S): Vicinity Map with Roadway and Municipal Boundaries Proposed Interlocal Agreement including Draft County Resolution II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Discussion III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: The City completed Phase I improvements to Powerline Road between Broadmoor Boulevard (Road 100) and Road 68 which include acquisition of portions of the right of way, installation of utilities and construction of a two-lane roadway in 2015. Portions of the alignment of Powerline Road are outside the City limits which lie immediately to the south of the physical roadway. Prior to construction of the road, the City attempted to negotiate dedication of the road right of way with the owners of the farm circle to the immediate north, however for reasons relating to the tax structure of their partnership and other reasons of their own - the owners elected not dedicate right of way for the roadway - opting instead to allow the City to construct the roadway on an easement negotiated for that purpose. While the arrangement works well for the owners and from an engineering standpoint, it has operational consequences for traffic speed limit enforcement - which has been the subject of several complaints from abutting owners along this stretch of road. The enforcement of traffic laws along Powerline Road is confusing and problematic in that depending on which segment of the road a ticket may be issued, some tickets would be appropriately adjudicated in Pasco Municipal Court while others would be Page 6 of 52 appropriately adjudicated in District Court. RCW 35A.21.210 authorizes code cities and counties to revise any part of a corporate boundary of a city which "coincides with the centerline, edge, or any portion of a public street, road or highway right of way by substituting therefore a right of way line of the same public street, road or highway so as fully to include or fully to exclude that segment of the public street, road or highway from the corporate limits of the city." This can be accomplished by both the City and County approving the attached Interlocal Agreement and the County approving the appropriate resolution for this adjustment of the corporate boundaries. The proposed Interlocal Agreement and proposed draft Resolution were developed by Franklin County staff and have been reviewed by the City. V. DISCUSSION: An annexation is pending for property which includes portions of the road outside the City limits. Staff recommends that in order to clear this issue and circumvent any complications or delays with the annexation, the Interlocal Agreement receive favorable consideration from Council and that the draft Resolution be brought before the County commissioners for consideration. Page 7 of 52 Power Line Road Segment 1 Broadmoor to 9300 Block 1 f , . oil MgORFOLK DR C� A\Ifr�1vT�T IIA\I/r�1]I�IIA\A1/1�1'111� • �-�- - I 1 1 M® CQ Its00 du �'e..� •••. �• U N W E S 0 100 200 300 400 500 Feet Legend City Limits Power Line Road Pavement Parcel Lines X111 - • =,M E I knToTore :rill[: � b - W a - J s Til l�C: K1E� R CT�TiU C KNO Is a Me =,wA E I Ink TOTO re�s - • �� vi "Z-�u uu v - °u v v 0- -mI'�i��� f4awl ca IF '-"0 C� e- DVAff D ppq U . 7. M 17 ■ j ,� Power i Line Road Segment 4 N 7800 Block to Road 68 w E S 0 100 200 300 400 500 Feet Legend 1 Oil City Limits J^+ Ar it AV � a - .„� i •, � tri` I .... - � J l low, 1. I VMS 1 �, INTERLOCAL AGREEMENT BETWEEN THE CITY OF PASCO AND FRANKLIN COUNTY FOR REVISION OF CORPORATE BOUNDARY WHEREAS, RCW 35A.21.210 authorizes code cities and counties to revise any part of a corporate boundary of a city which "coincides with the centerline, edge, or any portion of a public street, road or highway right of way by substituting therefore a right of way line of the same public street, road or highway so as fully to include or fully to exclude that segment of the public street, road or highway from the corporate limits of the city"; and, WHEREAS, the City of Pasco (hereinafter "City") has completed Phase I of improvements to Power Line Road between Broadmoor Boulevard (Road 100) and Road 68 including the acquisition of right-of-way, and the construction of a two-lane facility with some utilities; and WHEREAS, a portion of the right-of-way, improved roadway, and utilities are outside of the City limits, and said right-of-way which is legally described on exhibit "A" attached hereto and incorporated herein by reference; and WHEREAS, the enforcement of traffic laws along the described section of Power Line Road is confusing and problematic in that, depending on which segment of the road a ticket may be issued, some tickets would be appropriately adjudicated in Pasco Municipal Court while others would be appropriately adjudicated in District Court; and WHEREAS, the City and County desire to revise the corporate boundary within street, road, or highway right-of-way by substituting right-of-way line; and WHEREAS, pursuant to RCW 39.34 and RCW 35A.21.210, the City and the County have the authority to enter into this agreement. NOW THEREFORE, City and County agree as follows: 1. City shall pass an Ordinance in the form attached hereto as Exhibit "B" revising the City's corporate boundary by authority of this agreement to include the right -of -Way described on Exhibit "A". 2. County shall pass a Resolution in the form attached hereto as Exhibit "C" approving the City's Ordinance revising its corporate limits to include the right -of -Way described on Exhibit "A" 3. The revision of the City's corporate boundary will not become effective until the County's Resolution is passed by the Board of Franklin County Commissioners. 4. The City Manager and the County Administrator are jointly designated as responsible for implementing and administering this agreement. 5. The City and County will not acquire any joint property pursuant to this agreement. 6. The purpose of this agreement is to include right of way currently in Franklin County within the jurisdictional limits of the City of Pasco. Page 12 of 52 7. Should a dispute arise regarding this agreement, the parties hereto shall first meet and attempt in good faith to resolve their differences. In the event that is unsuccessful, then the parties shall submit this matter to binding arbitration in accordance with the rules of the American Arbitration Association. 8. The parties agree that the revision to City's corporate boundary is not subject to review. 9. This agreement may be amended or modified only by written agreement duly executed by the parties hereto. This agreement is executed in duplicate originals. One original shall go to each party. The City shall record this agreement with the Franklin County Auditor after City and County have approved it. Dated: CITY OF PASCO PASCO, WASHINGTON Matt Watkins, Mayor ATTEST: Debra L. Clark, City Clerk APPROVED AS TO FORM: Leland B. Kerr, City Attorney Dated: BOARD OF COUNTY COMMISSIONERS FRANKLIN COUNTY, WASHINGTON Chair Chair Pro Tem Member ATTEST: Clerk of the Board APPROVED AS TO FORM: SHAWN P. SANT, #35535\#91039 Prosecuting Attorney for Franklin County BY: Deputy Prosecuting Attorney Page 13 of 52 EXHIBIT "A" Legal Description of Right -of -Way to be Annexed Interlocal Annex Power Line Road April 6, 2016 THAT PORTION OF POWER LINE ROAD RIGHT-OF-WAY LYING EAST OF THE EASTERLY RIGHT-OF-WAY OF BROADMOOR BOULEVARD AND WEST OF THE WESTERLY RIGHT- OF-WAY OF ROAD 68 NORTH BEING IN THE SOUTH '/2 OF THE SOUTH '/2 OF SECTION 5, AND THE SOUTH '/20F THE SOUTH '/2 OF SECTION 4, TOWNSHIP 9 NORTH, RANGE 29 EAST, W.M., FRANKLIN COUNTY, WASHINGTON. Page 14 of 52 EXHIBIT "B" ORDINANCE NO. AN ORDINANCE of the City of Pasco, Washington, revising the corporate boundary of the City of Pasco to include that portion of Power Line Road between Broadmoor Boulevard (Road 100) and Road 68. WHEREAS, Pursuant to RCW 35A.21.210(1) the City of Pasco and Franklin County have entered into an Interlocal Agreement for the revision of the corporate boundary of the City of Pasco, a copy of which Agreement is attached hereto as exhibit "A" (hereinafter Interlocal Agreement); and WHEREAS, pursuant to RCW 35A.21.210(2), the revision of a corporate boundary as authorized by this section shall become effective when approved by ordinance of the city council and by ordinance or resolution of the county legislative authority. Such a boundary revision is not subject to potential review by a boundary review board; and WHEREAS, pursuant to the State Environmental Policy Act (RCW 43.21C.222) annexation of territory by a city or town is exempted from compliance with this chapter; and WHEREAS, the revision of the corporate boundary of the City of Pasco to include the property described below is consistent with the City's Comprehensive Plan since the adjusted area is within the City's Urban Growth Area. THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. The corporate limits of the City of Pasco are hereby revised to include the following described real property, which consists of roadway and road right- of-way: THAT PORTION OF POWER LINE ROAD RIGHT-OF-WAY LYING EAST OF THE EASTERLY RIGHT-OF-WAY OF BROADMOOR BOULEVARD AND WEST OF THE WESTERLY RIGHT-OF-WAY OF ROAD 68 NORTH BEING IN THE SOUTH'/2 OF THE SOUTH '/2 OF SECTION 5, AND THE SOUTH '/2 OF THE SOUTH '/2 OF SECTION 4, TOWNSHIP 9 NORTH, RANGE 29 EAST, W.M., FRANKLIN COUNTY, WASHINGTON. Section 2. From and after the effective date of this ordinance, the above- described property shall be subject to all of the laws and ordinances then and thereafter in force and effect of the City of Pasco. Page 1 Page 15 of 52 Section 3. SEVERABILITY. The provisions of this ordinance are hereby declared to be severable. If any section, subsection, sentence, clause, or phrase of this ordinance or its application to any person or circumstance is for any reason held to be invalid or unconstitutional, the remainder of this ordinance shall not as a result of said section, subsection, sentence, clause, or phrase be held unconstitutional or invalid. Section 4. This Ordinance shall become effective the latter of 5 days after passage and publication as provided for by law or upon the effective date of the County Resolution approving the revision of the Corporate Boundary of the City of Pasco. PASSED by the City Council of the City of Pasco, Washington, and approved as provided by law this day of 12016. Matt Watkins, Mayor ATTEST: APPROVED AS TO FORM Debra L. Clark, City Clerk Leland B. Kerr, City Attorney Page 2 Page 16 of 52 EXHIBIT "C" FRANKLIN COUNTY RESOLUTION BEFORE THE BOARD OF COMMISSIONERS OF FRANKLIN COUNTY WASHINGTON REVISING THE CORPORATE BOUNDARY OF THE CITY OF PASCO TO INCLUDE THAT PORTION OF POWER LINE ROAD BETWEEN BROADMOOR BOULEVARD (ROAD 100) AND ROAD 68 WHEREAS, Pursuant to RCW 35A.21.210(1) the City of Pasco and Franklin County have entered into an Interlocal Agreement for the revision of the corporate boundary of the City of Pasco, a copy of which Agreement is attached hereto as exhibit "A" (hereinafter Interlocal Agreement); and WHEREAS, pursuant to RCW 35A.21.210(2), the revision of a corporate boundary as authorized by this section shall become effective when approved by ordinance of the city council and by ordinance or resolution of the county legislative authority. Such a boundary revision is not subject to potential review by a boundary review board; and WHEREAS, pursuant to the State Environmental Policy Act (RCW 43.21C.222) annexation of territory by a city or town is exempted from compliance with this chapter; and WHEREAS, the revision of the corporate boundary of the City of Pasco to include the property described below is consistent with the City's Comprehensive Plan since the adjusted area is within the City's Urban Growth Area; WHEREAS, the City of Pasco has passed Ordinance No. limits in compliance with the Interlocal Agreement; and to revise its corporate WHEREAS, pursuant to RCW 36.01.010 and RCW 36.32.120 the legislative authority of each county is authorized to enter into agreements on behalf of the county and have the care of county property and management of county funds and business; and WHEREAS, the Board of Franklin County Commissioners constitutes the legislative authority of Franklin County. NOW, THEREFORE, BE IT RESOLVED, the Board of Franklin County Commissioners hereby approves the revision of the corporate boundary of the City of Pasco to include that portion of Power Line Road between Broadmoor Boulevard (Road 100) and Road 68. Page 1 of 2 Revision of Corporate Boundary Page 17 of 52 BE IT FURTHER RESOLVED, the corporate limits of the City of Pasco are hereby revised to include the following real property, which consists of roadway and road right-of-way: THAT PORTION OF POWER LINE ROAD RIGHT-OF-WAY LYING EAST OF THE EASTERLY RIGHT-OF-WAY OF BROADMOOR BOULEVARD AND WEST OF THE WESTERLY RIGHT-OF-WAY OF ROAD 68 NORTH BEING IN THE SOUTH %2 OF THE SOUTH 1/2 OF SECTION 5, AND THE SOUTH '/2 OF THE SOUTH 1/2 OF SECTION 4, TOWNSHIP 9 NORTH, RANGE 29 EAST, W.M., FRANKLIN COUNTY, WASHINGTON. APPROVED this day of , 2016. Attest: BOARD OF COUNTY COMMISSIONERS FRANKLIN COUNTY, WASHINGTON Chair Chair Pro Tem Clerk of the Board Member Originals: Clerk of the Board Copy: County Auditor County Assessor County Treasurer Public Works County Sheriff County Dispatch Building and Planning Fire District 3 Page 2 of 2 Revision of Corporate Boundary Page 18 of 52 AGENDA REPORT FOR: City Council April 20, 2016 TO: Dave Zabell, City Manager Workshop Meeting: 4/25/16 FROM: Rick White, Director Community & Economic Development SUBJECT: Wireless Cellular Facility Regulation I. REFERENCE(S): Memoranda on Cellular Facility Regulation (Radio Frequency Emissions) Memoranda on Cellular Facility Notification Procedures City Map showing Exclusion Boundaries II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Discussion III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: Earlier this year during Council's consideration of a Special Permits for wireless cellular antennae installations, public testimony from a community member expressed concern that the City was not banning wireless facilities within 1/2 mile of all residential districts and schools and proposed that the notification requirements for such facilities be directly mailed to owners within 1000 feet of a proposed site as opposed to the existing 300 foot notification radius. Staff has prepared white papers that address each of these issues separately as each is related, but has different points for discussion and consideration. V. DISCUSSION: In short - regulation of cellular facilities has been mostly preempted by federal law. Communities can demand proof of the need for additional facilities, can require implementation of aesthetic considerations and to a certain degree - can require co - location on existing structural support facilities. Communities are preempted by federal Page 19 of 52 law from denying the location of wireless facilities due to concerns regarding emissions of radio frequencies as long as the service provider meets federal regulations for such. Requirements for notification are subject to City control. Special permits, rezones, variances and other land use processes require direct (by mail) notification of property owners within 300 feet of the exterior boundaries of the site in question. The argument can be made that any distance for notification - 300 feet, 1000 feet or 2000 feet - can be subject to criticism by opponents or proponents of a given land use action. Given the small window of items the Council can consider in affecting the outcome of a lawful and needed application for wireless facilities, additional notification requirements for wireless facilities may be an inefficient use of resources and time. The attached white papers discuss in greater detail these two issues. As a side note, staff just recently became aware of the opportunity for providing input to the Federal Communications Commission Interagency Advisory Committee (IAC) on local government review of wireless facilities siting issues. That may provide the opportunity for the development at a federal level of a "user-friendly" guide to the maze of regulations surrounding siting wireless facilities. Staff would benefit from Council discussion and direction on this issue. Page 20 of 52 MEMORANDUM DATE: April 20, 2016 TO: Dave Zabell, City Manager FROM: Rick White, Community and Economic Development Director SUBJECT: Wireless Communication (Cell) Tower Special Permit Radio Frequency (RF) Policy Introduction A concerned citizen has requested that the City amend Pasco Municipal Code (PMC) 25.70.075 WIRELESS COMMUNICATION FACILITIES (relating to cell tower placement) keep cell towers at least 1/2 mile away from all residential neighborhoods due to health concerns over radio frequency (RF) emissions. While the City shares her concern for the welfare of the citizens of Pasco, research on the subject of RF emissions comes down on both sides of the issue, with credible and invested sources (such as the American Cancer Society) opining that there is "very little evidence" demonstrating adverse health effects. In addition, regulating cell tower placement based on RF emissions is beyond the purview of local governments, as will be shown below. Background Federal Communications Commission (FCC) guidelines Section 332(c)(7) of the Communications Act sets forth specific limitations on state and local authority over zoning and land use decisions for personal wireless service facilities, as follows: Specifically, 1) A state or local government may not unreasonably discriminate among providers of functionally equivalent services; 2) A state or local government may not regulate in a manner that prohibits or has the effect of prohibiting the provision of personal wireless services; 3) A state or local government must act on applications within a reasonable period of time, and 4) A state or local government must make any denial of an application in writing supported by substantial evidence in a written record. 5) As long as the provider is in compliance with the Commission's radio frequency (RF) emissions rules, a state or local government is preempted by the FCC from making a cell tower placement application decision premised directly or indirectly on the environmental effects of RF emissions. Page 21 of 52 One might ask, "With so little discretion, what is the utility of requiring a special permit?" Even though a local government regulations cannot have the effect of prohibiting the provision of personal wireless services, or deny based on RF concerns, they are still able to regulate specific siting within a general area, aesthetics, and manner of installation. City of Pasco regulations work within these parameters. City of Pasco regulations According to PMC 25.70.075, Wireless Communication Facilities (cell towers and appurtenances) are permitted outright in all industrial or C-3 zoning districts provided the location is 500 feet or more from a residential district. Any location closer than 500 feet requires special permit approval. Such structures may be permitted by special permit in all other zoning districts under the following conditions: 1) If they are attached to or located on an existing or proposed building or structure that is higher than thirty -five (35) feet; or 2) Located on or with a publicly owned facility such as a water reservoir, fire station, police station, school, county or port facility. 3) Screened or camouflaged by employing compatible materials, strategic location, color, stealth technologies, and/or other measures to achieve minimum visibility when viewed from public rights-of-way and adjoining properties such that a casual observer cannot identify the Wireless Communication Facility. The PMC also requires the City to follow a cell tower site -selection order of preference hierarchy as follows: 1) Attached to or located on buildings or structures higher than 35 feet. 2) Located on or with a publicly owned facility 3) Located on a site other than those listed in 1) or 2). The burden of proof that this hierarchy is being followed is placed on the applicant. All applications for building permits must be accompanied by verification of approval by the Federal Communications Commission (FCC), the Federal Aviation Administration (FAA) and any other state or federal requirements for tower design and location. Finally, all wireless communication facilities must be removed by the facility owner within 6 months of the date the facility ceases to be operational or if the facility falls into disrepair. As noted above, the aesthetic aspects of cell tower placement are addressed in 2 Page 22 of 52 the Pasco Municipal Code within the parameters allowed by the FCC. Spacing Requirements In order to provide "excellent" cellular service, defined as -85 dBm or better (Lower negative numbers represent better signal strength), antenna height and site location need to roughly provide a "line -of -sight" to roads, offices, and homes. Verizon Wireless defines three levels of service, as follows: >= -80 dBm, a level of service adequate for providing reliable coverage inside a building >= -95 dBm, a level of service adequate for providing reliable coverage outdoors or inside a car <= -95 dBm, unreliable signal strength, may not be not capable of reliably making and holding a call, depending on environment Prohibiting cell facilities within 1/2 mile of residential neighborhoods would eliminate such facilities from those areas as shown on the attached map. This would have the effect of reducing service to much of the area where it is needed (See attached AT&T coverage maps for an illustration of local cell tower coverage strength). Cell tower placement is dictated largely by signal strength and customer demand. While local governments cannot outright deny location of cellular transmission facilities, they can regulate the location within the parameters set forth by the FCC. As noted before, the City of Pasco's municipal code uses a hierarchy decision tree for placement of facilities within these FCC guidelines. Summary The request received by the City to keep cell towers at least 1/2 mile away from all residential neighborhoods was apparently based on concerns over RF emissions; the City of Pasco is preempted by the FCC from making a cell tower placement application decision premised directly or indirectly on the environmental effects of RF emissions as long as the provider is in compliance with the Commission's radio frequency (RF) emissions rules. However the PMC works within these parameters in terms of aesthetics and specific location of facilities. 3 Page 23 of 52 MEMORANDUM DATE: April 20, 2016 TO: Dave Zabell, City Manager FROM: Rick White, Community and Economic Development Director SUBJECT: Wireless Communication (Cell) Tower Special Permit Notification Policy Introduction A concerned citizen has requested that the City amend Pasco Municipal Code (PMC) 25.70.075 WIRELESS COMMUNICATION FACILITIES (relating to Cell tower placement) to require notification of all property owners within a 1,000 - foot radius of all proposed cell tower placements. Currently the Pasco Municipal Code (PMC) requires notification to be sent to property owners within 300 feet of the subject property. Notice for Special Permit applications are also posted in the Tri -City Herald twice on two successive weeks and on the City's website. Background Federal Communications Commission (FCC) guidelines Section 332(c)(7) of the Communications Act sets forth specific limitations on state and local authority over zoning and land use decisions for personal wireless service facilities, as follows: 1) A state or local government may not unreasonably discriminate among providers of functionally equivalent services; 2) A state or local government may not regulate in a manner that prohibits or has the effect of prohibiting the provision of personal wireless services; 3) A state or local government must act on applications within a reasonable period of time, and 4) A state or local government must make any denial of an application in writing supported by substantial evidence in a written record. 5) As long as the provider is in compliance with the Commission's radio frequency (RF) emissions rules, a state or local government is preempted by the FCC from making a cell tower placement application decision premised directly or indirectly on the environmental effects of RF emissions. City of Pasco regulations According to PMC 25.70.075, Wireless Communication Facilities (cell towers and appurtenances) are permitted outright in all industrial or C-3 zoning districts provided the location is 500 feet or more from a residential district. Page 24 of 52 Any location closer than 500 feet requires special permit approval. Such structures may be permitted by special permit in all other zoning districts under the following conditions: 1) If they are attached to or located on an existing or proposed building or structure that is higher than thirty -five (35) feet; or 2) Located on or with a publicly owned facility such as a water reservoir, fire station, police station, school, county or port facility. 3) Screened or camouflaged by employing compatible materials, strategic location, color, stealth technologies, and/or other measures to achieve minimum visibility when viewed from public rights-of-way and adjoining properties such that a casual observer cannot identify the Wireless Communication Facility. The Code also requires the City to follow a cell tower site -selection order of preference hierarchy as follows: 1) Attached to or located on buildings or structures higher than 35 feet. 2) Located on or with a publicly owned facility 3) Located on a site other than those listed in 1) or 2). The burden of proof that this hierarchy is being followed is placed on the applicant. As well, all applications for building permits must be accompanied by verification of approval by the Federal Communications Commission (FCC), the Federal Aviation Administration (FAA) and any other state or federal requirements for tower design and location. Finally, all wireless communication facilities must be removed by the facility owner within 6 months of the date the facility ceases to be operational or if the facility falls into disrepair. Pasco Municipal Code Public Notice Requirements PMC Section 25.88.040 sets forth the public notice requirements for all property -specific quasi-judicial land use actions, such as annexations, special permits, variances, and rezones. In addition to the notice being published in a "newspaper of general circulation," written notice of the hearing must be mailed to each property owner within three hundred feet of the property boundaries of the proposed Special Permit. Notice of the land use proposal is also published on the City's website under the "Public Notice" category. The City posts public notices in the Tri -City Herald twice on Sunday, 10 and 4 days prior to the hearing, listing the master file number, detailing the action requested, the location of the proposed action, and the time, date, and location of the hearing. 2 Page 25 of 52 Analysis The suggestion to increase the notification radius should not be considered on a subject specific (wireless facilities) basis but rather on a land use permit process basis. There is no reason that an opponent or proponent of any type of land use permit cannot make the case for increasing notification requirements. Perhaps more to the point, increasing the notification radius would have little if any impact on the eventual decision (due to the federal guidelines and preemption already noted) and would likely serve to increase discord rather than reduce it. If the increased radius notification is based on radio frequency concerns the question is moot due to federal preemptions. If the request is based on aesthetic concerns, the likelihood of a property located over 300' away being directly affected is fairly slim. The City directly mails notice of special permit and rezone applications to property owners within 300 feet of the exterior boundaries of the parcel for which the special permit or rezone is sought. Increasing the radius notification requirement by 700 feet will increase the number of notices sent by a rough average of nearly 8X (an average of -40 residential notices sent for a 300 -foot notice radius, versus an average of -300+ residential notices to be sent for a 1,000 -foot notice radius). Summary Whether the request received by the City to require notification of all property owners within a 1,000 -foot radius of all proposed cell tower placements was based on concerns over RF emissions or on aesthetic concerns, increasing the notification radius would ultimately have little impact due to federal preemptions and irrelevance to property owners further than 300 feet from the proposal. 3 Page 26 of 52 :... ��I. X1111111 770 \. uul� `lu '\�� >> nun nnm �— _— e. 114611111 '� u,- �i \ Legend All Residential Zones 1 _ II ' "O" OFFICE r------ C-1 RETAIL BUSINESS C-2 CENTRAL BUSINESS - — — — — BP BUSINESS PARK N v C-3 GENERAL BUSINESS O 1-3 HEAVY INDUSTRIAL 1-2 MEDIUM INDUSTRIAL N 1-1 LIGHT INDUSTRIAL Legend 1 _ II ' 1/2 Mile Buffer Around Residential r------ 1 /4 Mile Buffer Around Residential - — — — — _ C-3 GENERAL BUSINESS 1-3 HEAVY INDUSTRIAL 1-2 MEDIUM INDUSTRIAL 1-1 LIGHT INDUSTRIAL City of Pasco Buffer Around Residential Zoning Districts 41% , 02 i= O 1 _ II ' J City of Pasco Buffer Around Residential Zoning Districts 41% , 02 i= O n 1' E `. n 1' E AGENDA REPORT FOR: City Council April 20, 2016 TO: Dave Zabell, City Manager Workshop Meeting: 4/25/16 Ahmad Qayoumi, Public Works Director FROM: Dan Ford, City Engineer Public Works SUBJECT: Oregon Ave Improvements Ph. 1 WSDOT Agreement GCB 2341 for Professional Services I. REFERENCE(S): Agreement GCB 2341 II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Discussion III. FISCAL IMPACT: Grants - $49,000 IV. HISTORY AND FACTS BRIEF: Oregon Avenue Corridor Improvements project is a multiphase project that will incorporate transportation and pedestrian safety improvements to Oregon Avenue (SR - 397) from its connection with the interchange of Interstate 182/State Route 12 on the north to Ainsworth Avenue. The corridor supports heavy freight movement and has experienced a number of crashes over the last several years, highlighting a need for these improvements. An agreement is required by WSDOT to outline their participation which includes inspection, coordination and construction oversight during project implementation. V. DISCUSSION: Agreement GCB 2341 contracts WSDOT to perform the following services: Agreement/Monitoring Preliminary Scope and Engineering (PS&E) Page 28 of 52 Construction Oversight by Field Office. Page 29 of 52 AGREEMENT GCB 2341 Between Washington State Department of Transportation And the City of Pasco This Agreement is made and entered into between the Washington State Department of Transportation, hereinafter called the "STATE," and the City of Pasco, a municipal corporation located at 525 No. 3rd, Avenue, Pasco Washington, hereinafter called the "AGENCY," collectively referred to as the "Parties" and individually, the "Party". WHEREAS, the AGENCY is planning the design and construction of improvements to US 397, MP 20.4 to MP 22.3, a project titled, Oregon Ave Improvements (Phase 1 — "A" St. Tal- 182/US12) within the City of Pasco, by roadway widening from an existing four lane to provide a five lane roadway that will provide a center two way, left turnlane to accommodate turning movements and add left turn lane at intersections, installation of median in select locations, installation of curb and gutter, driveways, sidewalks and ADA ramps to meet standards, stormwater infrastructure, illumination and streetscaping, installation of traffic signals at the intersections of Oregon Ave (SR 397) and Idaho Avenue, E. Salt Lake Street and Broadway Street and upgrade of existing traffic signals, herein called the "Project," and WHEREAS, the AGENCY will act as lead agency to design, advertise and award and administer the construction of the Project, and WHEREAS, the AGENCY has contracted with CH2M Hill herein called the "Consultant" to design, prepare the plans, specifications and estimate and assist as needed during the bidding process, and WHEREAS, the AGENCY is an approved "Certification Acceptance" (CA) agency, by which the STATE has granted the AGENCY the authority to administer projects, and WHEREAS, the STATE recognizes the AGENCY's demonstrated ability to responsibly design projects and administer construction, and WHEREAS, the STATE's jurisdiction is defined as the area between back of curb to back of curb, and WHEREAS, the AGENCY requests STATE approval to permit the AGENCY to administer construction of the portion of the Project that lies within STATE managed access jurisdiction, hereafter called "Work" and WHEREAS, the STATE authorizes the AGENCY to construct the Work, and WHEREAS, the STATE agrees to provide the design reviews, construction inspection oversight and approvals for the Work, and WHEREAS, the STATE and the AGENCY now wish to define responsibilities for design, construction administration of the Work, AGREEMENT GCB 2341 Page 1 oPege 30 of 52 NOW, THEREFORE, by virtue of RCW 47.28.140, the above recitals that are incorporated herein as if fully set forth below and in consideration of terms, conditions covenants and performances contained herein, and Exhibits A and B which are attached and incorporated and made a part hereof, IT IS MUTUALLY AGREED AS FOLLOWS: 1. GENERAL 1.1 The Vicinity Map and roadway paving plans RD -1 through RD -7 attached as Exhibit A, the Estimate for STATE work at the AGENCY's expense is attached as Exhibit B. 1.2 The scope of this Agreement is for design through construction of the portion of the AGENCY's project contained within US 397 jurisdiction defined as back of curb to back of curb. 1.3 The AGENCY agrees that the Work shall be designed and constructed in accordance with the current versions of the State of Washington Standard Specifications for Road, Bridge, and Municipal Construction (Standard Specs), the Local Agency Guidelines (LAG Manual), the State of Washington Department of Transportation Design Manual and Standard Plans and amendments thereto, and pertinent design modifications as approved in the Project design file. 2. PROJECT CONTACTS 2.1 STATE Design P.E. Roger Arms P.E. Local Programs Engineer 2809 Rudkin Rd. Union Gap, WA 98903-1648 (509) 577-1780 Arms RCa)wsdot.wa. gov 2.2 STATE Construction P.E. Moe Davari P.E. Project Engineer 1655 Fowler St Richland, WA 99352 (509) 577-1780 DavariM(a)wsdot.wa.gov 3. PROJECT DEVELOPMENT PHASES 3.1 DESIGN DOCUMENTATION AGENCY Design Contact. Maria L. Serra, EIT Associate Engineer 525 N. 31d Avenue Pasco, WA 99301 (509) 544-3080 X6412 serramCa-)Pasco-wa.gov AGENCY Construction Contact Kent McCue Construction manager 525 N 3rd Avenue Pasco, WA 99301 (509) 544-3080 X6402 mccue Pasco-wa.gov 3.1.1 The AGENCY, through its Consultant, shall prepare all Project design plans and documentation and submit to the STATE Design P.E., Section 2.1, for STATE review and acceptance for the Work. 3.2 PLANS, SPECIFICATIONS, AND ESTIMATE (PS&E) AGREEMENT GCB 2341 Page 2 ?Ve 31 of 52 3.2.1 The AGENCY, through its Consultant, shall prepare the Project PS&E and submit the final package to STATE Design P.E., Section 2.1, for STATE review and acceptance of the proposed Work at least two weeks prior to the AGENCY advertising the Project for bids. 3.3 PROJECT MODIFICATIONS 3.3.1 The STATE and the AGENCY shall cooperate in the review of the above-mentioned design, and PS&E materials. Required modifications to the Work as the result of STATE reviews shall be performed by the AGENCY, through its Consultant, prior to advertising the Project for bid. Any required modification costs will be the sole responsibility of the AGENCY. 3.4 PROJECT ADVERTISEMENT AND AWARD 3.4.1 The STATE shall review and accept the AGENCY's final package as to the Work within ten days of its receipt. The AGENCY will publish and advertise the construction contract for bids, and if bids are acceptable, award the contract and administer the Project construction contract. 3.4.2 The AGENCY shall prepare and issue addenda to the contract. The AGENCY shall submit addenda that affect the Work to the STATE for its prior review and written acceptance before issuance. The STATE shall assist the AGENCY in answering bid questions that are associated with the Work. All comments and clarifications that affect the Work must go through the STATE. 4. CONTRACT ADMINISTRATION 4.1 The AGENCY shall administer the construction of the Project, if awarded, and by this reference, the Project Contract Plans and Provisions and any approved change orders are made a part of this Agreement as if fully attached hereto. 4.2 Prior to beginning Project construction, a pre -construction conference shall be held at which the STATE, .the AGENCY, and AGENCY's contactor shall be present. The AGENCY shall give a minimum of five (5) working days notice to the STATE Construction P.E., Section 2.2, prior to holding the pre -construction conference. 4.3 In addition to the requirements in Section 4.2, the STATE may, at any time, request a construction schedule or updates there to from the AGENCY, showing critical dates and activities that will lead to the timely completion of the Work. 4.4 Copies of this Agreement shall be kept at the AGENCY's project office and by the AGENCY at the construction site. The Agreement shall be shown, upon request, to any state representative or law enforcement officer. 5. PROJECT ENGINEERS 5.1 The AGENCY shall be responsible for the Project contract administration and has assigned an AGENCY Construction Contact, Section 2.2, for the Project, including the Work. 5.2 The STATE has assigned a STATE Construction P.E., Section 2.2. The STATE Construction RE. will provide construction inspection oversite and approvals for the Work. AGREEMENT GCB 2341 Page 3 Ci Ve 32 of 52 5.3 The STATE Construction P.E. and the AGENCY Construction Contact shall be responsible for familiarizing themselves with the Work, including plans, specifications, bid prices, schedule, and relevant issues. Both shall coordinate and cooperate with each other to ensure completion of the Work. 5.4 The STATE recognizes the AGENCY's role as contracting agency for the Project. All STATE communication will be through the STATE Construction P.E., or designee, to the AGENCY Construction Contact. The STATE Construction P.E., or designee, shall attend regular coordinating meetings, the AGENCY's pre -construction conference, and other meetings deemed necessary for appropriate coordination. 6. STATE PROJECT INSPECTION 6.1 The STATE will provide construction oversite to ensure that the workmanship and materials for the Work are in compliance with the contract plans and specifications. 7. TRAFFIC CONTROL 7.1 In construction of the Work, the AGENCY shall comply with the Manual on Uniform Traffic Control Devices for Streets and Highways (MUTCD), current edition. 8. PROGRESS REPORTS 8.1 The AGENCY shall provide written monthly progress reports to the STATE to include, at a minimum, Project status, and current and projected schedule for Project and Work completion. 9. CONTRACT CHANGES 9.1 Any proposed changes to the Works' plans or specifications previously approved by the STATE require further STATE review and prior written approval before implementing the changes. 10. CONTRACTOR CLAIMS 10.1 The STATE shall make every good faith effort to pursue all requested reviews and approvals to promote the Project advancement on schedule. If the STATE fails to process a submittal or re -submittal for approval within 10 calendar days, the submittal for approval will be considered to be approved by the STATE. 11. PROJECT COMPLETION 11.1 Upon physical completion of the Project and prior to final acceptance, as defined in the LAG Manual, by the STATE, the AGENCY shall provide the STATE with one set of as - built drawings and material acceptance certification documents for the Work. The as -built drawings shall be prepared in accordance with the current edition of the STATE's Construction Manual (Section 10-3.11). 12. MATERIALS AND QUALITY ASSURANCE/QUALITY CONTROL AGREEMENT GCB 2341 Page 4 Bhoe 33 of 52 12.1 All Work materials and workmanship shall conform to the state Construction Manual and the state Standard Specs and shall be subject to inspection by the STATE as provided herein. 12.2 All Work materials testing shall be performed by the AGENCY or an independent certified testing laboratory of its choice. Copies of Work test results shall be submitted to the STATE Construction P.E., Section 2.2, prior to beginning the next phase of construction. The STATE reserves the right to verify the test results or to perform the testing in STATE facilities. The STATE will be responsible for the cost of the verification tests. 13. PAYMENT 13.1 The Agency shall reimburse the STATE for all actual direct and related indirect costs incurred by the STATE under this Agreement. Such costs include, but are not limited to, agreement preparation, plan review, including review of proposed revisions to plans and specifications, construction inspection, and administration overhead. An estimate of cost for the Work to be performed by the STATE, at the AGENCY's expense, is attached as Exhibit B. The AGENCY has federal funds that is managed by WSDOT Local Programs for the project payments. WSDOT Local Programs has setup a work order for reimbursement to the STATE for agreements preparation, plan review, review of proposed revisions to plans, specifications and construction inspection oversite of the Work. For reimbursement for STATE costs, the STATE will charge to the work order setup by WSDOT Local Programs. 14. INCREASE IN COSTS 14.1 In the event unforeseen conditions require an increase in the cost of 25 percent or more from that agreed to on Exhibit B, this Agreement will be amended to cover the cost increases. 15. RIGHT OF ENTRY 15.1 Subject to the terms of this Agreement, The STATE hereby grants to the AGENCY, it's consultant, employees, and its authorized agents, contractors, and subcontractors, a right of entry upon state jurisdiction, defined as back of curb to back of curb which is necessary for the AGENCY to the perform the Work. 16. INSURANCE 16.1 The AGENCY shall furnish the STATE, a certificate of insurance for the limits set forth in the Standard Specs within fifteen (15) calendar days of the Agency construction contract being signed. 17. OWNERSHIP AND MAINTENANCE 17.1 These improvements are located inside city limits within manages access highway rights of way, ownership, operation and maintenance responsibilities shall be apportioned between the AGENCY and the STATE pursuant to chapter 47.2 RCW and the City Streets AGREEMENT GCB 2341 Page 5 Bb@e 34 of 52 as Part of State Highways Guidelines developed between the Association of Washington Cities and the STATE except as described below: The AGENCY shall be responsible for the maintenance of the following items: Parallel Roadside Ditches: Ditches or drains running parallel with the roadway. Cross Culverts: Devices used to channel water to allow water to pass under the roadway. Maintenance of Landscaping All landscaping beyond the face of the curbs or the edge of pavement. 18. CLAIMS FOR DAMAGES 18.1 After Work acceptance, in the event of claims for damages or loss attributable to bodily injury, sickness, death, or injury to or destruction of property that occurs within the limits of the Work located on the STATE's jurisdiction. The STATE shall defend such claims and hold harmless the AGENCY therefrom, and the AGENCY shall not be obligated to pay any claim, judgment or cost of defense, unless such claims result from the negligent design or construction of the Work. Nothing in this Section, however, shall remove from the AGENCY any responsibility defined by the current laws of the state of Washington or from any liability for damages caused by the AGENY's own negligent acts or omissions. 19. TERM OF AGREEMENT 19.1 The term of this agreement shall commence as of the date this Agreement is fully executed by the Parties and shall continue until the Work is constructed and accepted by the STATE and the AGENCY makes payment for all STATE costs as provided herein. 20. ASSIGNMENT OF AGREEMENT 20.1 No assignment or transfer of this Agreement in any manner whatsoever shall be valid, nor vest any rights hereby granted, until the STATE consents thereto and the assignee accepts all terms of this Agreement. 21. NON -EXCLUSIVITY 21.1 This Agreement shall not be deemed or held to be an exclusive one and shall not prohibit the STATE from granting permits or franchise rights; or entering into other Agreements of like or other nature with other public or private companies or individuals, nor shall it prevent the STATE from using any of its highways, streets, or public places, or affect its right to full supervision and control over all or any part of them, none of which is hereby surrendered. 22. AUDIT and RECORDS 22.1 Audit and Records: During the progress of the Work and for a period of not less AGREEMENT GCB 2341 Page 6 gb@e 35 of 52 than three (3) years from the date of final payment, the AGENCY shall maintain the records and accounts pertaining to the Work and shall make them available during normal business hours and as often as necessary, for inspection and audit by the State of Washington and/or Federal Government and copies of all records, accounts, documents or other data pertaining to the Work will be furnished upon request. The requesting Party shall pay the cost of copies produced. If any litigation, claim or audit is commenced, the records and accounts along with supporting documentation shall be retained until any litigation, claim or audit finding has been resolved even though such litigation, claim or audit continues past the three-year retention period. 23. TERMINATION OF AGREEMENT 23.1 Neither Party may terminate this Agreement without the concurrence of the other Party. Termination shall be in writing and signed by both Parties. If this Agreement is terminated prior to the fulfillment of the terms stated herein, the AGENCY shall reimburse the STATE for its actual direct and related indirect expenses and costs incurred up to the date of termination. Any termination of this Agreement shall not prejudice any rights or obligations accrued to the Parties prior to termination. 24. MODIFICATION 24.1 This Agreement may be amended or modified only by the mutual agreement of the Parties. Such amendments or modifications shall not be binding unless they are in writing and signed by persons authorized to bind each of the Parties. 25. ASSIGNMENT 25.1 Neither Party to this Agreement shall transfer or assign any right or obligation hereunder without prior written consent of the other Party. 26. SEVERABILITY 26.1 Should any part, term or provision of this Agreement be determined to be invalid, the remainder of this Agreement shall not be affected, and the same shall continue in full force and effect. 27. DISPUTE RESOLUTION 271 In the event that a dispute arises under this Agreement, it shall be resolved as follows: The STATE and the AGENCY shall each appoint a member to a disputes board, these two members shall select a third board member not affiliated with either Party. The three- member board shall conduct a dispute resolution hearing that shall be informal and unrecorded. An attempt at such dispute resolution in compliance with aforesaid process shall be a prerequisite to the filing of any litigation concerning the dispute. The Parties shall equally share in the cost of the third disputes board member; however, each Party shall be responsible for its own costs and fees. 28. INDEMNIFICATION 28.1 To the extent authorized by law, the AGENCY, its successors and assigns, agree to indemnify, defend, and hold harmless the State of Washington and its officers and AGREEMENT GCB 2341 Page 7 e 36 of 52 employees, from all claims, demands, damages (both to persons and/or property), expenses, regulatory fines, and/or suits that: (1) arise out of or are incident to any acts or omissions by the AGENCY, its Consultant, contractors, subcontractors, agents, and/or their employees, in the use of the state highway right of way as authorized by the terms of this Agreement, or (2) are caused by the breach of any of the conditions of this Agreement by the AGENCY, its Consultant, contractors, subcontractors, agents, and/or their employees. The AGENCY, its successors and/or assigns, shall not be required to indemnify, defend, or hold harmless the State of Washington and its officers and employees, if the claim, suit, or action for damages (both to persons and/or property) is caused by the sole acts or omissions of the State of Washington and, its officers and employees; provided that, if such claims, suits, or actions result from the concurrent negligence of (a) the State of Washington, its officers and employees and (b) the AGENCY, its Consultant, contractors, subcontractors, agents, and/or their employees, or involves those actions covered by RCW 4.24.115, the indemnity provisions provided herein shall be valid and enforceable only to the extent of the acts or omissions of the AGENCY, its Consultant, contractors, subcontractors, agents, and/or their employees 28.2 The AGENCY agrees that its obligations under this section extend to any claim, demand and/or cause of action brought by, or on behalf of, any of its employees or agents while performing Work on the state-owned owned right of way. For this purpose, the AGENCY, by mutual negotiation, hereby waives with respect to the STATE only, any immunity that would otherwise be available to it against such claims under the Industrial Insurance provisions chapter 51.12 RCW. 28.3 This indemnification and waiver shall survive the termination of this Agreement. 29. VENUE AND ATTORNEYS FEES 29.1 In the event that either Party deems it necessary to institute legal action or proceedings to enforce any right or obligation under this Agreement, the Parties agree that any such action or proceedings shall be brought in Thurston County, Washington Superior Court. Further, the Parties further agree that each will be solely responsible for payment of its own attorneys fees, witness fees, and costs. 30. INDEPENDENT CONTRACTOR 30.1 The AGENCY shall be deemed an independent contractor for all purposes under this Agreement, and the employees of the AGENCY or any of its consultants, and the employees thereof, shall not in any manner be deemed to be employees or agents of the STATE. 31. WORKING DAYS Working days for this Agreement are defined as Monday through Friday, excluding Washington State holidays per RCW 1.16.050. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the Party's date last signed below. AGREEMENT GCB 2341 Page 8 OAe 37 of 52 CITY OF PASCO Name Title Date APPROVED AS TO FORM: City Attorney 4-45 -?PJ LQ Date AGREEMENT GCB 2341 WASHINGTON STATE DEPARTMENT OF TRANSPORTATION W. Brian White, P.E. 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S �/\ld No's o cq W wo c�Rs H u� tixY'n . U z� fill O W W F L 3 F yjk 3 11�9j ylj . i Eib7� M9 I � � Y `O I f,- _ W LZYl3 M9 ZWV I L-1 A.$ 'LZbl3 M8 H o�� U; I (� 11� eLza"ra Ms m xC s v aom aMa 1` J1iEb_l3 MS g Z I BB'Lzb't3 Ms eaLZ4l3 MS HOmdmMs z v yo Ms j 4 m I 'ry S S U w sac `CMV0 ms ana "ams 6 1+ l6 i'LLFl3 M6 L9'iZ4l MS $ aki Z&M MB 1y1 & cve _ YC'url9 itts 044 41 �I' ❑�g a O Jzoa uta vm irzmra Ms O U= l3 Ms > 0 Q i C) 'u $ Page 46 of 52 AGREEMENT GCB 2341 EXHIBIT "B" - COST ESTIMATE US 397 Oregon Ave Improvements (Phase 1 - A Street To James Street) ITEM NO. 0001 Agreement/Monitoring 0002 PS&E Reviews Estimate ITEM 0003 Construction Oversite by Field Office 0004 Admistrative Overhead (10.36%) BASE TOTAL AGREEMENT TOTAL THRESHOLD (BASE TOTAL Cost for Agreement plus 25%) AMOUNT $1,000.00 $1,500.00 $33,000.00 $3,700.00 $39,200.00 $49,000.00 If it is anticipated that this threshold will be exceeded, the Project Manager must initiate a Supplemental Agreement. Agreement 2116 Exhibit "B" SheetFlagb-47 of 52 AGENDA REPORT FOR: City Council April 20, 2016 TO: Dave Zabell, City Manager Workshop Meeting: 4/25/16 FROM: Stan Strebel, Deputy City Manager SUBJECT: Council Goals 2016-2017 I. REFERENCE(S): Proposed Resolution II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Discussion III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: Over the past 20+ years, City Council has conducted biennial retreats in the spring of each even numbered year (following the municipal election in the odd number year). The purpose of the retreat is to consider the community input along with staff advice and develop a list of specific and measureable goals to be pursued by the City organization over the ensuing two years. The Council conducted its retreat on March 18 & 19 following receipt of the results of the 2015 National Citizens Survey effort; conducting multiple Community Forums to collect community advice in February; and receipt of goal statements from the City's governmental partners. V. DISCUSSION: The proposed format for the goals is somewhat different from previous years in that goal statements are more broad and fewer in numbers. Listed under goals are more specific objectives or projects which are considered of primary relevance, and under the City's purview, toward achieving the goal. Approval of the resolution will formally establish the list of goals as the primary work Page 48 of 52 plan for the organization over the ensuing two years. It will be reflected in budget recommendations and policy recommendations as well as day to day administrative actions, all designed to achieve or make significant progress in forwarding those goals before the next biennial retreat (spring 2018). Page 49 of 52 RESOLUTION NO. A RESOLUTION establishing primary goals of the City of Pasco for the ensuing calendar years 2016-2017. WHEREAS, the City of Pasco organization desires to focus the allocation of its resources toward primary goals selected to fulfill the vision of Pasco's future, as held by its elected representatives; and WHEREAS, the City Council conducted Community Forums on February 10, 17 and 26 to elicit the concerns of residents about the present condition of the City, as well as thoughts and suggestions for Pasco's future; and WHEREAS, the City Council considered goal statements from its local partner governmental organizations and results from the 2015 National Citizens Survey; and WHEREAS, the City managerial staff has shared with the City Council its concerns for the present as well as visions for the future of the Pasco community; and WHEREAS, the City Council conducted a goal setting retreat on Saturday, March 19, 2016 to discuss all the various concerns for the present as well as visions for the future; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO RESOLVE AS FOLLOWS: Section 1. That the following goals shall be considered primary goals for the City of Pasco for the ensuing two years (calendar years 2016 and 2017): I. The City will pursue efforts to promote a high-quality of life through quality programs, services and appropriate investment and re -investment in community infrastructure by: ■ Use of CDBG and other public and private capital to re -revitalize older neighborhoods ■ Acquisition of an adequate site for new community center, community park and additional soccer fields ■ Completion of site designation process and interlocal agreements on construction and operation of new Animal Control Facility ■ Efficient and effective use of public resources in the delivery of municipal services, programs and long-term maintenance and viability of public facilities H. As part of its regular budget process, the City will evaluate the long-term financial viability, value and service levels of its services and programs, including: ■ Importance to community ■ Cost of recovery targets ■ Costs associated with delivery including staffing, facilities and partnership opportunities Page 50 of 52 III. The City will preserve past improvements and promote future gains in community safety by: ■ Enhancing proactive community policing efforts ■ Continued efforts to improve Police/community relations ■ Working to maintain/achieve target fire response times ■ Working toward a long-term goal of improving the Washington State Ratings Bureau community rating to Class 4 ■ Working to realize full implementation of a consolidated PSAP/Dispatch Center IV. The City will promote a highly functional, multi -modal transportation network through: ■ Completion of the Lewis Street Overpass design concept process, securing gap funding for construction and achievement and maintenance of "shovel - ready" status ■ Completion of Road 68/I-182 Interchange improvements ■ Efforts to facilitate traffic flow in major corridors ■ Pro -active traffic management (calming) within neighborhoods ■ Completion of planned improvements on Oregon Avenue ■ Collaboration with Ben -Franklin Transit to enhance mobility ■ Comprehensive planning, analysis and execution on pedestrian, bicycle and other non -vehicular means of transportation V. The City will promote and encourage economic vitality by supporting: ■ Downtown revitalization efforts of DPDA ■ Implementation of downtown infrastructure improvements including; Peanuts Park, Farmers Market, Pasco Specialty Kitchen and streetscape upgrades ■ Completion of the Broadmoor sub -area plan and environmental analysis, including plans for needed utilities and transportation improvements ■ Efforts to promote the community as a desirable place for commercial and industrial development — strengthening existing partnerships and coordinating efforts ■ Continuation of DNR efforts to sell/develop state property at Road 68/I-182 ■ Identification of alternatives for City/Port of Pasco coordination on waterfront plan implementation VI. The City will work with its partners and other agencies to identify opportunities to enhance community identity, cohesion and image through: ■ Community surveying ■ Providing opportunities for community engagement through boards, commissions, volunteer opportunities, social media, forums and other outlets ■ Coordinated messaging ■ Identification and celebration of successes ■ Implementation of a community identity/image enhancement campaign Primary Goals — 2016-2017 Page 2 Page 51 of 52 Section 2. The City Manager is hereby directed and authorized to formulate appropriate implementation strategies to achieve the goals set forth hereinabove, consistent with appropriation policies and procedures. PASSED by the City Council of the City of Pasco at a regular meeting this 2nd day of May, 2016. Matt Watkins, Mayor ATTEST: Debra Clark, City Clerk Leland B. Kerr, City Attorney Primary Goals — 2016-2017 Page 3 Page 52 of 52