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HomeMy WebLinkAbout2020.09.28 Council Remote Workshop PacketRemote Workshop Meeting AGENDA PASCO CITY COUNCIL 7:15 p.m. September 28, 2020 Page 1. REMOTE WORKSHOP INSTRUCTIONS: (a) The Pasco City Council Workshops are broadcast live on PSC-TV Channel 191 on Charter/Spectrum Cable in Pasco and Richland and streamed at www.pasco-wa.gov/psctvlive and on the City’s Facebook page at www.facebook.com/cityofPasco. Call-in information to GoToWebinar for "listen-only" mode is: (415) 655-0052 and use access code 942.626.986. 2. CALL TO ORDER: 3. ROLL CALL: (a) Pledge of Allegiance 4. VERBAL REPORTS FROM COUNCILMEMBERS: 5. ITEMS FOR DISCUSSION: 3 - 24 (a) Ordinance - Code Amendment Waterfront Development District (MF# CA2019-007) 25 - 28 (b) Resolution - Delegating Authority to Staff for Easement/Right-of-Way Acquisition 29 - 44 (c) Resolution - Amendment to Interlocal Agreement with Mid Columbia Library 45 - 57 (d) Resolution - Interlocal Agreement with Franklin County for Jail Services 6. MISCELLANEOUS COUNCIL DISCUSSION: 7. EXECUTIVE SESSION: 8. ADJOURNMENT: Page 1 of 57 Remote Workshop Meeting September 28, 2020 (a) REMINDERS: • Monday, September 28, 4:00 PM: Hanford Area Economic Investment Fund Advisory Committee Meeting – virtual meeting (COUNCILMEMBER PETE SERRANO, Rep.) • Tuesday, September 29, 4:00 PM: Pasco Public Facilities District Board Meeting – via GoToMeeting (COUNCILMEMBER CRAIG MALONEY, Rep.; COUNCILMEMBER DAVID MILNE, Alt.) • Thursday, MONTH DAY, 5:30 PM: Parks & Recreation Advisory Board – via GoToMeeting (COUNCILMEMBER DAVID MILNE, Rep.; MAYOR SAUL MARTINEZ, Alt.) This meeting is broadcast live on PSC-TV Channel 191 on Charter/Spectrum Cable in Pasco and Richland and streamed at www.pasco-wa.gov/psctvlive. Audio equipment available for the hearing impaired; contact the Clerk for assistance. Servicio de intérprete puede estar disponible con aviso. Por favor avisa la Secretaria Municipal dos días antes para garantizar la disponibilidad. (Spanish language interpreter service may be provided upon request. Please provide two business day's notice to the City Clerk to ensure availability.) Page 2 of 57 AGENDA REPORT FOR:City Council September 24, 2020 TO:Dave Zabell, City Manager Rick White, Director Community & Economic Development Remote Workshop Meeting: 9/28/20 FROM:Jacob Gonzalez, Senior Planner Community & Economic Development SUBJECT:Ordinance - Code Amendment Waterfront Development District (MF# CA2019-007) I.REFERENCE(S): Proposed Ordinance Staff Report to Planning Commission Dated June 18, 2020 Port of Pasco Memorandum Dated August 23, 2019 Meeting Minutes from Planning Commission Dated May 21 and June 18, 2020 II.ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Discussion III.FISCAL IMPACT: None IV.HISTORY AND FACTS BRIEF: The Port of Pasco requested an amendment to the Pasco Municipal (Zoning) Code for the creation of a new zoning district titled “Waterfront Development District.” The Port of Pasco owns, operations, and manages major facilities in the greater Pasco area including the Tri-Cities Airport, Big Pasco (Industrial Center), the Pasco Processing Center, and has led and participated in various programming and planning for economic development in our region. The proposed amendment would encompass approximately 52 acres of property owned by the Port of Pasco, north of the Sacagawea Heritage Trail, and bound by Ainsworth to the North, Gray Street to the West, and SE Road 40 to the East. The primary use of the existing property is Osprey Pointe, a business and office center home to the Port of Pasco offices. The proposed Waterfront Development District would be a permitted Page 3 of 57 zoning district under the Mixed Residential and Commercial Land Use designation of the Comprehensive Plan - pending the Plan's approval and adoption. The creation of the Waterfront Development District implements the shared vision of increasing uses and amenities on Pasco's waterfront shared by both the Port and the City, and as expressed by community support. Past planning efforts included the Boat Basin and Marine Terminal Plan (2010) which identified mixed-use developments with residential densities at the Marine Terminal; and in 2016, the Port of Pasco, City of Pasco, and Franklin County collaborated on SOMOS PASCO, a regional economic strategic vision that has support from over 1,600 community members. Pasco and Tri- Cities community identified a vibrant waterfront as a shared priority. A supplemental memorandum from the Port of Pasco is attached to the staff report and provides additional information and details about the proposal. Port staff will also be present at the Council meeting to describe the vision for development at Osprey Point. V.DISCUSSION: The proposed Waterfront District Zoning code would be permitted under the Mixed Residential/Commercial Land Use per the upcoming Comprehensive Plan. The Waterfront District Zone itself will be permitted on the Port of Pasco - Osprey Point owned site. The code contains several departures from current zoning requirements that will more easily encourage and permit mixed-use development opportunities identified to implement the Osprey Point vision. The primary change in zoning is the allowance of residential uses for Osprey Pointe. The combination of residential, commercial, office with light industrial provides the Port of Pasco with an opportunity to maximize development potential in Osprey Pointe. Additional code considerations include the flexible range of permitted and prohibited uses, densities, parking, right-of-way standards for multi-modal transportation, and building setbacks. Staff requests Council consideration and discussion of the proposed amendment to the Pasco Municipal Code. Page 4 of 57 Ordinance – Formation of WD District - 1 ORDINANCE NO. _______ AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON, CREATING CHAPTER 25.127 OF THE PASCO MUNICIPAL CODE, “WATERFRONT DEVELOPMENT DISTRICT.” WHEREAS, the City of Pasco and the Port of Pasco share a vision for the Pasco waterfront to provide a variety of uses; WHEREAS, the City of Pasco and the Port of Pasco developed the 2010 Boat Basin and Marine Terminal Plan that called for a mixed-use neighborhood with residential and commercial uses; WHEREAS, the Port of Pasco commissioned a Marine Terminal Redevelopment Assessment Report that identified a variety of uses that envisioned the area as a local and regional attraction; WHEREAS, in 2016, the City of Pasco, Port of Pasco and Franklin County collaborated on a regional economic strategic vision titled SOMOS PASCO; WHEREAS, public input from SOMOS PASCO included over 1,600 community members and indicated that among the highest priorities is developing Pasco’s riverfront with mixed use, residential and commercial development combined with open space and public access; WHEREAS, a broader community visions titled MyTri2030 by the Tri-Cities Regional Chamber of Commerce identified an established waterfront that attracts families and activities with shopping, dining and arts were supported by the community; WHEREAS, mixed-use development will support job growth and allow the Osprey Pointe area to pursue unique live-work-play development that are not available in our region; WHEREAS, the Port of Pasco has identified that industrial development has changed over the past several decades and the mixed-use developments aligns with Osprey Pointe’s vision; WHEREAS, the Waterfront Development District is supported by the Comprehensive Plan Major Update; WHEREAS, the Waterfront Development District will be bound by the following: E Ainsworth Avenue (North), Columbia River (South), S Gray Avenue (West) and SE Road 18 (East); and WHEREAS, were applicable, Waterfront Development District shall comply with the Shoreline Regulations (Title 29) of the Pasco Municipal Code and the Shoreline Management Act RCW 90.58; Page 5 of 57 Ordinance – Formation of WD District - 2 WHEREAS, the creation of the Waterfront Development District implements community visioning, agency plans and addresses the regions needs for housing and walkable complete neighborhoods. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. That Section 25.20.010 entitled “Establishment of zoning districts” of the Pasco Municipal Code shall be and hereby is amended and shall read as follows:: 25.20.010 Establishment of zoning districts. For the purpose of promoting the public health, safety, morals, and general welfare of the City, the City is divided into the following types of zones: R-T District Residential Transition District R-S-20 District Residential Suburban District R-S-12 District Residential Suburban District R-S-1 District Low-Density Suburban Residential District R-1 District Low-Density Residential District R-1-A District Low-Density Residential Alternative District R-1-A2 District Low-Density Residential Alternative District R-2 District Medium-Density Residential District R-3 District Medium-Density Residential District R-4 District High-Density Residential District RP District Residential Park District O District Office District C-1 District Retail Business District C-2 District Central Business District C-2 Overlay District Central Business Overlay District C-3 District General Business District C-R District Regional Commercial District BP District Business Park District Page 6 of 57 Ordinance – Formation of WD District - 3 I-182 Overlay District I-182 Corridor Overlay District I-1 District Light Industrial District I-2 District Medium Industrial District I-3 District Heavy Industrial District WD Waterfront Development District [Ord. 4110 § 6, 2013; Ord. 3731 § 27, 2005; Ord. 3354 § 2, 1999; Code 1970 § 25.16.010.] Section 2. That a new Chapter 25.127 entitled “Waterfront Development District” of the Pasco Municipal Code shall be and is hereby created and shall read as follows: Chapter 25.127 Waterfront Development District Sections: 25.127.010 Purpose. 25.127.015 Terms defined. 25.127.020 Permitted uses. 25.127.030 Permitted accessory uses. 25.127.040 Conditional uses. 25.127.050 Prohibited uses. 25.127.060 Unlisted uses. 25.127.070 Development standards. 25.127.010 PURPOSE. The purpose of the waterfront development (WD) district is to allow the location of a compatible mix of commercial, residential, light industrial, and recreational uses on parcels situated close to the Columbia River waterfront and within the Osprey Pointe property, historically owned by the Port of Pasco. 25.127.015 TERMS DEFINED. “Artisan manufacturing” means small-scale businesses that manufacture artisan goods or specialty foods. Small manufacturing production primarily focuses on direct sales rather than the wholesale market. 25.127.020 PERMITTED USES. The following uses shall be permitted in the waterfront development district: (1) Commercial, office, educational, and government uses: (a) All uses permitted in the “O” Office district; Page 7 of 57 Ordinance – Formation of WD District - 4 (b) Artisan manufacturing, provided that such uses are intended to be compatible with surrounding commercial, industrial, and residential development and shall adhere to the following requirements: (i) Structures shall not encompass more than 10,000 square feet of area, and the 10,000 square foot total shall include all indoor storage areas associated with the manufacturing operation. (ii) Outdoor storage is prohibited. (iii) Loading docks. Where the site abuts a residential use, the building wall facing such lot shall not have any service door openings or loading docks oriented toward the residential use. (iv) Public viewing. Artisan manufacturing uses must accommodate public viewing or a customer service space. Public viewing shall be accomplished with windows or glass doors covering at least 25 percent of the front of the building face abutting the street or indoor lobby wall, allowing direct views of manufacturing. The display area may be reduced below 25 percent where fire-rated separation requirements restrict opening size as determined by the building official. A customer service space including a showroom, tasting room, restaurant or retail space may be provided that substitutes for the exterior public viewing area. (v) All uses shall not emit smoke, gas, odor, dust, sound, vibration, soot, heat, glare, or light that is detectable beyond the property line. (c) Banks and financial institutions; (d) Breweries, wineries, and distilleries; (e) Churches and similar places of worship; (f) Dancing schools; (g) Gyms and fitness centers; (h) Hotels and motels; (i) Laundries/dry cleaners; (j) Portable food vending/food trucks; (k) Printing shops; (l) Public or commercial parking garages; (m) Public markets for fresh produce and craft work; (n) Restaurants and eating establishments, including food halls with shared common areas; (o) Stores and shops for the conduct of retail business and similar services in buildings not exceeding 80,000 gross square feet such as: (i) Bakeries, retail for distribution from the premises; (ii) Barber and beauty shops; (iii) Bookstores, except adult bookstores; (iv) Catering establishments; (v) Artist and office supplies; (vi) Florists; (vii) Specialty retail stores; (viii) Museums and art galleries; Page 8 of 57 Ordinance – Formation of WD District - 5 (ix) Clothing, shoes and accessories, and costume rentals (new/unused materials only); (x) Crafts, stationery, and gift shops; (xi) Department and drug stores; (xii) Grocery or specialty food stores; (xiii) Furniture and home appliance stores; (xiv) Import shops; (xv) Jewelry and gem shops, including custom work; (xvi) Shoe repair shops; (xvii) Sporting goods stores; (xviii) Tailor and seamstress shops; (xix) Upholstery shops; (p) Locksmith shops; (q) Membership clubs; (r) Theaters (movie or live theater); (s) Veterinary clinics serving household pets (no boarding or outdoor treatment facilities); and (t) Universities, colleges, and business, professional, technical, and trade schools. (2) Industrial and business park uses as follows, provided they are located east of South Oregon Avenue or its extension: (a) Creameries; (b) Research laboratories and facilities, (c) Wholesale facilities and operations; and (d) Warehousing and distribution facilities. (3) Residential uses: (a) Single-family detached dwellings may be located west of the alignment of South Maitland Avenue at densities prescribed under PMC 25.127.070; (b) Attached single-family dwellings (duplexes and townhouses) may be located east of the extension of South Maitland Avenue, but no further than 500 feet east of the alignment of South Oregon Avenue at densities prescribed under PMC 25.127.070; and (c) Multifamily dwellings may be located no further than 500 feet east of the alignment of South Oregon Avenue. (d) Short-term vacation rental uses and Bed and Breakfasts may be located where residential uses are allowed. (4) Recreational and entertainment uses: (a) Indoor and outdoor event and entertainment uses and facilities (commercial or public), not to exceed one acre; (b) Marinas and marine repair facilities; (c) Mixed-use buildings containing any combination of residential, commercial, office, educational, and government facilities in a single building; and (d) Public and private parks and trails. 25.127.030 PERMITTED ACCESSORY USES. (1) Accessory dwelling units when associated with a permitted residential use; Page 9 of 57 Ordinance – Formation of WD District - 6 (2) Family home child care in conformance with WAC 170-296A-0010; (3) Sheds not exceeding 200 square feet provided they are located in the rear yard of residential uses or a place of business; (4) Outdoor storage of goods and materials for an industrial or business park use located east of South Oregon Avenue or its extension; (5) Private parking lots and garages meeting the development standards of this chapter; (6) Storage facilities accessory to multifamily dwellings for the sole use of residents; (7) Home occupations in accordance with PMC 25.150; and (8) Alcoholic beverage sales, provided it is for on-site consumption and located within a restaurant; and (9) Private streets, meeting the standards of PMC 25.127.070(14). 25.127.040 CONDITIONAL USES The following uses are permitted subject to the approval of special permit as provided in Chapter 25.200 of the PMC: (1) Retail, wholesale, and department stores and shops exceeding a gross floor area of 80,000 square feet; (2) Landscape gardening and storage area for equipment and materials, provided that plants and materials are located behind a building and are not visible from the public right-of-way or residential uses; (3) Nursing homes and assisted living facilities; (4) Marine gas sales; (5) Gasoline and service stations; (6) Drive-thru uses; and (7) Indoor and outdoor event and entertainment uses and facilities (commercial or public), exceeding one acre. 25.127.050 PROHIBITED USES. The following uses are prohibited in the WD district: (1) All uses permitted conditionally in the I-2 Medium Industrial district; (2) Automobile assembly, services, or repair; (3) Vehicle rental; (4) Tire stores; (5) Car washes; (6) Automobile detail shops; (7) Automobile sales; (8) Auto body shops; (9) Mini-storage facilities; (10) Pawn shops; (11) Card rooms and bingo parlors; (12) Secondhand dealers – similar or like uses although not specifically listed are also prohibited; (13) Adult bookstores or entertainment facilities; (14) Truck stops – diesel fuel sales; Page 10 of 57 Ordinance – Formation of WD District - 7 (15) Truck terminals; (16) Heavy machinery sales and service; (17) Contractor’s plant or storage yards; (18) Mobile home and trailer sales and service; (19) Veterinarian clinics for livestock, including outdoor treatment facilities; (20) Pharmaceutical laboratories; (21) Industrial medical facilities; (22) Any outdoor manufacturing, testing, processing, or similar activity; (23) On-site hazardous substance processing and handling or hazardous waste treatment and storage facilities; (24) Kennels and animal boarding facilities; (25) The manufacturing, compounding, processing, packaging of cosmetics, pharmacology, and the reducing and refining of fats and oils; (26) Junkyards, automobile wrecking yards, scrap iron, scrap paper, or rag storage, sorting, or baling; (27) Cemeteries; and (28) Recreational vehicle parks. 25.127.060 UNLISTED USES. All unlisted uses shall be classified as conditional uses and require a special use permit under PMC 25.200. 25.127.070 DEVELOPMENT STANDARDS. (1) All structures, uses, and shoreline modifications shall comply with the City of Pasco Shoreline Master Program (PMC 29.15), where applicable. (2) Minimum density: (a) Commercial, office, education and government uses: none. (b) Industrial and business park uses: none. (c) Residential uses: 14 units/net acre average for residential portions of the WD district (net acre excludes infrastructure (roads, utility easements, stormwater infrastructure) and critical areas, and applies to the entire WD district rather than to individual developments). Additionally, residential uses shall not comprise more than 50 percent of the gross land area within the WD district. (3) Minimum lot area: (a) Commercial, office, education and government uses: none. (b) Industrial and business park uses: none. (c) Residential uses: 4,500 square feet (single family detached), 1,500 square feet per unit (duplex and single-family attached). There is no minimum lot area for multifamily dwellings. (4) Minimum lot width: (a) Commercial, office, education and government uses: none. (b) Industrial and business park uses: none. Page 11 of 57 Ordinance – Formation of WD District - 8 (c) Residential uses: 40 feet (single family detached), 20 feet per unit (duplex and single-family attached). There is no minimum lot width for multifamily dwellings. (5) Lot coverage: Dictated by parking requirements, setbacks and landscaping; (6) Minimum Yard Setbacks - Front. (a) Commercial, office, education and government uses: none. (b) Industrial and business park uses: As required by PMC 25.110 for business park uses and by 25.180 and 25.185 for industrial uses.. (c) Residential uses: 10 feet (single family detached and attached, and duplexes), 20 feet (garden-style apartments/ condominiums), none for multifamily adjacent to commercial areas or in mixed-use buildings. (7) Minimum Yard Setbacks – Interior side yard. (a) Commercial, office, education and government uses: none. (b) Industrial and business park uses: As required by PMC 25.110 for business park uses and by 25.180 and 25.185 for industrial uses. (c) Residential uses: 5 feet (single family detached and attached, and duplexes), 15 feet from other buildings (garden-style apartments/ condominiums), none for multifamily adjacent to commercial areas or in mixed-use buildings. (8) Minimum Yard Setbacks – Street side yard and rear. (a) Commercial, office, education and government uses: none. (b) Industrial and business park uses: As required by PMC 25.110 for business park uses and by 25.180 and 25.185 for industrial uses. (c) Residential uses: 10 feet (single family detached and attached, and duplexes), 20 feet from other buildings (garden-style apartments/ condominiums), none for multifamily adjacent to commercial areas or in mixed-use buildings. (9) Maximum building height: (a) Commercial, office, education and government uses: 60 feet (b) Industrial and business park uses: 45 feet. (c) Residential uses: 35 feet (single family detached and duplexes), 40 feet (single- family attached and garden-style apartments/ condominiums), 60 feet (multifamily adjacent to commercial areas or in mixed-use buildings). (10) Fences and hedges: (a) Fences and walls shall meet the requirements of PMC 25.180, with the following exceptions: (i) Fences and walls shall be constructed using a combination of natural materials such as wood, stone, or brick including those on industrially used properties. (ii) Barbed wire and electrified fencing are prohibited on all properties; (11) Parking: (a) All new uses in the WD district must provide parking in accordance with Table 25.127(1). The Community and Economic Development Director may approve ratios lower than the minimum if the new use provides bicycle parking. See subsection (d) of this section pertaining to parking reductions. The Community and Economic Development Director shall determine parking requirements for unlisted uses. Uses which are not listed in the table shall have parking Page 12 of 57 Ordinance – Formation of WD District - 9 requirements of the nearest analogous use which is included in the table, as determined by the Community and Economic Development Director. (b) On-street parking or off-street public parking lots may be used in combination with dedicated off-street parking to accommodate parking demand from individual developments. (c) On-street and off-street public parking may be time-limited, metered, or otherwise restricted in order to ensure that parking demand from individual developments does not adversely impact parking availability for the district as a whole and may be managed by either the Port or City (depending on public or private ownership). No more than 30 percent of the minimum parking requirement for an individual use may be on-street spaces or off- street public spaces and must be located within 500 feet of the proposed use. (d) Bicycle parking reduction. For every five bicycle parking spaces provided, the number of vehicle parking spaces may be reduced by one up to maximum of 10 percent of the minimum number of spaces otherwise required. Table 25.127(1): Number of Minimum Required and Maximum Allowed Parking Spaces by Use in the WD District Use Category Minimum Maximum COMMERCIAL, OFFICE, EDUCATIONAL, AND GOVERNMENT USES (per 1,000 square feet of gross floor area unless otherwise specified) Churches, places of worship, clubs, fraternal societies 1 per 100 square feet main assembly area 1 per 60 square feet of main assembly area Commercial lodging (hotel, motel, bed and breakfast, short-term vacation rentals) 0.5 per room 1 per room Educational Uses Elementary schools 1 per classroom and 1 per employee 1.5 per classroom Middle schools 1 per classroom 2 per classroom High school 7 per classroom 10.5 per classroom Universities, colleges, business, professional, technical and trade schools 0.3 per full-time student and 0.8 per employee 0.5 per FTE student and 0.8 per employee Gyms or fitness centers 3 5 Museums and art galleries 2.5 4 Offices: Administrative, Professional, Government 2 4 Portable food vendors/food trucks None required None required Restaurants/bars/ breweries, wineries, and distilleries 0.5 per 3 seats 1.0 per 3 seats Retail sales and services 3 5 Wholesale sales 3 5 Page 13 of 57 Ordinance – Formation of WD District - 10 INDUSTRIAL AND BUSINESS PARK USES (per 1,000 square feet of gross floor area unless otherwise specified) Industrial services 2 5 per 1,000 square feet of GFA of office space; 2 per 1,500 square feet of GFA of assembly space and 0.5 per 1,000 square feet of GFA of warehouse space Manufacturing 1.25 2.0 Warehousing and distribution facilities 0.25 0.5 RESIDENTIAL USES (per unit unless otherwise specified) Single-family detached 1 2 Accessory dwelling units 0.5 1 Single-family attached and two-family dwellings 1 2 Multifamily dwellings 0.75 1.5 Nursing homes and assisted living facilities 0.25 per bed 0.5 per bed RECREATIONAL AND ENTERTAINMENT USES (per 1,000 square feet of gross floor area unless otherwise specified) Public and private parks and trails To be determined during land use approval process Event entertainment (indoor or outdoor) 1 per 8 seats 1 per 5 seats Theaters 1 per 4 seats 1 per 2.7 seats INSTITUTIONAL USES (per 1,000 square feet of net floor area unless otherwise specified) Hospitals 1 per bed 1.5 per bed Police and fire stations 2 4 (12) Landscaping: (a) Surface parking lots shall be landscaped in accordance with PMC 25.180.070. (b) Single-family detached and attached residences and duplexes shall be landscaped in accordance with PMC 25.180.050(4). (c) Single-use commercial and industrially used property shall be screened in accordance with 25.180.050(3). Commercially-used property in multistory and/or mixed-use buildings are exempt from landscaping requirements. (13) Transportation (a) The internal transportation network of the Waterfront District shall be designed to maximum multi-modal travel options. All transportation infrastructure shall meet the intent of the City Complete Streets Ordinance (PMC 12.15) and comply with the International Fire Code. (14) Design Standards (Transportation) (a) Speed Limits: 20 MPH Page 14 of 57 Ordinance – Formation of WD District - 11 (b) Sidewalk Widths: • Residential: Minimum 6’ • Commercial/Mixed Use: Minimum: 10’ (c) Local Access Streets: • Driving Lane Minimum width: 11’ • Parking Lane Minimum width: 8’ • Dedicated Bicycle Lane: minimum width: 5’ (d) Alleys: • Minimum: 20’ width (e) Private Street/Lane: (i) Private street improvements shall meet the standards for Local Access Roads, at a minimum, with the exception being that sidewalk must be present on at least one side and on-street parking must be present on one side. This will result in a roadway section, with curb and gutter, that measures 31' back-to-back of curb. (ii) Private streets must not interfere with vehicle, public transportation or non-motorized access to public areas, and may not preclude the connection of the transportation system. (iii) Storm water facilities must be able to treat and retain all storm water on- site without any runoff enter City of Pasco right- of-way. (iv) Every private street within the district shall be named and names shall be clearly posted. Section 3. This ordinance shall take full force and effect five (5) days after approval, passage and publication as required by law. PASSED by the City Council of the City of Pasco, Washington, this ____ day of _______________, 2020. Saul Martinez Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorney Published: ____________________ Page 15 of 57 MEMORANDUM TO PLANNING COMMISSION PLANNING COMMISSION MEETING City Hall – 525 North Third Avenue – Council Chambers DATE: THURSDAY, June 18, 2020 6:00 PM 1 TO: Planning Commission FROM: Jacob B. Gonzalez, Senior Planner SUBJECT: MF # CA 2019-007 Waterfront District Background The Port of Pasco requested an amendment to the Pasco Municipal (Zoning) Code for the creation of a new zoning district titled “Waterfront District.” PMC 25.210.020 states that any person, firm, corporation or group of individuals, or municipal department may petition the Pasco City Council for a zone or text change. The Port of Pasco owns, operations and manages major facilities in the greater Pasco area including the Tri-Cities Airport, Big Pasco (Industrial Center), the Pasco Processing Center and has led and participated in various programming and planning for economic development in our region. The proposed amendment would encompass approximately 52 acres of property owned by the Port of Pasco, north of the Sacagawea Heritage Trail and bound by E Ainsworth to the North, S Gray Street to the West and SE Road 20 to the East. The primary use of the existing property is Osprey Pointe, a business and office center home to the Port of Pasco offices. Although the properties included are currently zoned industrial, the upcoming City Comprehensive Plan has re-classified the area for Mixed Residential/Commercial land use. The Port of Pasco and the City of Paso have identified the Osprey Pointe area as a significant opportunity to provide residents with a unique experience providing additional access to the waterfront. Proposed Code Amendment Considerations The proposed Waterfront District Zoning code would be permitted under the Mixed Residential/Commercial Land Use per the upcoming Comprehensive Plan. The Waterfront District Zone itself will be permitted on the Port of Pasco / Osprey Point owned site. The code contains several departures from current zoning requirements that will more easily encourage and permit mixed-use development opportunities identified for the Osprey Point vision. The primary change in zoning is the allowance of residential uses for Osprey Pointe. The combination of residential, commercial, office with light industrial provides the Port of Pasco with an opportunity to maximize development potential in Osprey Pointe. Additional considerations and discussion for the Planning Commission should include the following items (excerpts from the proposed code amendment): Page 16 of 57 2 Permitted Uses/Prohibited Uses Flexible range of permitted uses reflects the necessary diversity of development required to encourage and reinforce the Osprey Pointe and Waterfront vision and purpose that would include offices, restaurants, retail, hospitality and entertainment uses. Residential uses would be allowed on the western edges of the property. Conditional uses shall be considered for the following: retail/wholesale (exceeding 80,000 sqft), service stations and drive-through uses. Prohibited uses would cover those that are high impact and could not be made compatible with the development including (but not limited to) heavy industrial and manufacturing uses. Density/Height A minimum density of 14 units per acre would be required for residential portions of the Waterfront District, and a height limit of 60 feet would be in place thus limiting the maximum density of any residential development. The Comprehensive Plan permits the Mixed Residential/Commercial Land Use to include a range of 5-29 dwelling units per acre, thus permitting the proposed densities proposed in the draft amendment. Setbacks Development standards for setbacks in the proposed code would allow commercial and residential uses with higher intensities to be placed closer the street while lower intensity uses (single-family dwelling units) would be separated from the street and other units. Parking In an effort to promote a safe and walkable environment, the proposed code decreases the required parking than what is required by the existing Pasco Municipal Code. The Waterfront District includes a series of features and tools to ensure that adequate parking is provided and used efficiently without overburdening properties. Streets (Private) The code amendments proposes the use and permitting of both public and private streets. The City does not currently have standards for private streets, and only permits the use of private streets through the Planned Unit Development Ordinance (PMC 25.140). City staff believes that streets serving the Waterfront District shall include considerations for the safe movement of all users, residents and customers and should include accommodations for safe pedestrian access, bicycle travel and automobile traffic. As identified in the attached submittal from the Port of Pasco and AHBL (Appendix B), the allowable use of private streets that perform and create active places will further implement the vision identified for Osprey Point. Page 17 of 57 3 State Environmental Policy Act A SEPA Determination of Non-Significance (DNS) was issued on March 23, 2020. The DNS for the non-project action was made per WAC 197-11-340(2). The SEPA received one comment letter, from the Washington State Department of Transportation (Appendix C). RECOMMENDATION MOTION: I move the Planning Commission recommend to the Pasco City Council the creation of the new Waterfront Development District as contained in the June 18, 2020 Planning Commission Report. Page 18 of 57 Page 1 MEMORANDUM TO: City of Pasco Planning Commission DATE: August 23, 2019 SUBJECT: Waterfront Development Code PREPARED BY: Gary Ballew, Economic Development Director Ethan Spoo, Senior Planner, WSP Background The Port of Pasco and the City of Pasco share a vision for the Pasco waterfront providing for a multitude of uses. We developed this vision through a series of studies, such as the 2010 Boat Basin and Marine Terminal Plan (Makers Study) that investigated the development of the Marine Terminal and the Boat Basin neighborhood. The study was jointly funded by the City and Port and in part called for high-density mixed use in the Marine Terminal. After the Makers Study the Port commissioned the Marine Terminal Redevelopment Assessment Report as part of its Marine Terminal cleanup efforts. The report looked at a mix of uses, including residential. One of the earliest studies was the Big Pasco Industrial Center Master Plan, commissioned by the Port in the late 90’s. The report envisioned taking the Big Pasco expansion area and converting it to an attraction area. This idea was further vetted through several studies and is what we now know as Osprey Pointe. A vibrant waterfront vision is shared by the population of the Tri-Cities and Pasco. In 2016, the Port, City and Franklin County collaborated on a regional economic strategic vision called Somos Pasco. Input came from a citizen survey in Spanish and English (1600 participants), several focus groups meetings, interviews with community leaders and a 60-second survey utilized at community events. To quote from the report: Among the highest priorities for community members is developing Pasco's riverfront. The shared vision is mixed use residential-commercial development combined with open space and public access along the expansive riverfront – including trail linkages from the waterfront to the downtown. Consider product types as yet under-represented in the Tri-Cities areas – as for townhomes, live- work spaces, and mixed use buildings with ground floor commercial and residential above. The first requirement is creation of a mixed use zone, which is not currently available in the City of Pasco. Somos Pasco is followed by the broader community vision My Tri 2030 being led by the Regional Chamber of Commerce. My Tri 2030 echoed this sentiment, identifying an “established waterfront” that would bring about “more family places and activities, happenings Page 19 of 57 WATERFRONT DEVELOPMENT DISTRICT CODE SUMMARY AUGUST 26, 2019 PAGE 2 2 and nightlife for the younger crowd, more gathering spaces, boutique shopping and dining, music and arts…” Why Mixed-Use Osprey Pointe currently allows a mix of uses including, commercial, office, and light industrial, but excludes residential. This ‘mixed-use-lite’ concept struggles to gain traction at Osprey Pointe. Office/commercial areas abound in the Tri-Cities with the area located around Columbia Center mall providing general office and retail opportunities. Power centers at Road 68, Queensgate and Southridge provide similar developments. Adding a residential component, combined with the shoreline setting, will allow Osprey Pointe to pursue a unique live-work-play development as we see in other areas like Spokane’s Kendall Yards. A mixed-use development will support job growth. A Cushman & Wakefield study noted that 62% of millennials wanted to live in a mixed-use community. Full mixed-use developments will have the potential for attracting jobs that require a talent pool that wants a live-work-play lifestyle. These are primarily professional jobs, which Somos Pasco identified as underrepresented in Pasco. We have less white-collar workers as a percentage of total employment than both Kennewick and Richland. We also lag behind ten central California communities that Somos Pasco used to benchmark Pasco. A mixed-use development makes sense for Osprey Pointe’s location. On the east, Osprey Pointe borders the heavy industrial Big Pasco Industrial Center. On the west, it borders the boat basin neighborhood, which has some commercial uses but is primarily a single-family residential neighborhood. A mix of uses that transition across Osprey Pointe will also transition between these neighborhoods. As an outspoken advocate for industrial development, the Port is a somewhat surprising proponent for converting industrial property to mixed-use, but the direction is not taken lightly. Industrial development has changed over the past fifty years. Industrial facilities require large parcels of land with great transportation access. This is why the Port encouraged the designation of additional industrial lands along the 395 corridor. The Big Pasco Industrial Center not only has existing capacity for industrial development that requires water access, but can also be expanded to meet future opportunities. Proposed Waterfront Code The Port crafted the Waterfront Development district code to implement the vision shared by the City and the Port for the walkable, high-density, mixed-use development with a focus on quality design described in the City’s comprehensive plan. The draft code integrated and adapted features from mixed-use and town center development codes for similar districts in other Washington and Oregon cities. They included Kendall Yards in Spokane and the Waterfront Use District in Richland, and Orenco Village in Hillsboro (Oregon) and the artisan manufacturing code in Tillamook. Consistent with the vision, the Waterfront Development district code allows the close-together location of a wide variety of land uses, including residential, commercial, and light industrial, in formats ranging from detached single-family residences to mixed-use buildings with ground floor commercial and residential above. Overall, the code emphasizes medium-intensity land uses and pedestrian-scale development but also allows standalone land uses such as commercial with parking lots fronting streets and warehousing in appropriate locations and scales. Compatibility between industrial, commercial, and residential uses is required by 1) transitioning uses across the site, with industrial uses restricted to the area east of South Oregon Avenue (Osprey Pointe Avenue) and residential generally west of South Oregon Avenue; 2) prohibiting Page 20 of 57 WATERFRONT DEVELOPMENT DISTRICT CODE SUMMARY AUGUST 26, 2019 PAGE 3 3 high-impact uses, such as heavy manufacturing; and 3) limiting commercial uses to no larger than 80,000 square feet. The following discussion summarizes key provisions of the draft Waterfront Development district code. Permitted/Conditional/Prohibited Uses Permitted The range of permitted uses in the draft code reflects the flexibility required by the Port to develop a mixed-use district on the Columbia River waterfront.  Offices, including professional and government  Restaurants, breweries, and wineries  Religious and social institutions, such as churches and community organizations  Retail stores and services limited to 80,000 square-foot buildings, including grocery and clothing stores, banks, bakeries, and dry cleaners  Hospitality and entertainment uses, such as hotels/motels, theaters, and public markets  Educational uses, such as universities/colleges and trade schools  Public parks  Residential uses generally west of a point 500 feet east of South Oregon Avenue, including single-family detached residences, duplexes, townhouses, apartments, and condominiums with single-family residences limited to the area east of Maitland Avenue  Light industrial, including research laboratories, warehouses, and business parks located east of Oregon Avenue Conditional Conditional uses are those that may present compatibility concerns but could be integrated through the City’s conditional use permit process.  Retail, wholesale, and commercial uses exceeding 80,000 square feet  Service stations  Drive-thru uses Prohibited Prohibited uses include those that are high impact and could not be made compatible with the vision for the district such as heavy industrial and manufacturing uses, automobile sales, pawn shops, adult entertainment, and junk yards. Development Standards The code’s proposed development standards encourage efficiency by maximizing the area for land uses (buildings, open space, etc.) and by reducing the area required for automobiles through shared parking incentives and lower parking ratios. Density, Setbacks, and Dimensional Standards Density: The code requires a minimum density of 14 units per net acre in residential portions of the Waterfront Development district. There is no maximum density limit, but density would be effectively limited by a 60-foot building height, equating to a 5- to 6-story building. Page 21 of 57 WATERFRONT DEVELOPMENT DISTRICT CODE SUMMARY AUGUST 26, 2019 PAGE 4 4 Requiring medium density as a minimum standard encourages the provision of a variety of housing types to meet the needs of various types of residents (e.g., singles, families, and seniors) and promotes affordable housing options. Setbacks: In general, setbacks for commercial and residential uses in the code allow two different development types: low-intensity uses, with buildings separated from the street by parking lots and other buildings, and medium-intensity uses, with buildings fronting on streets and accessible to pedestrians. As is typical in town centers, commercial and residential buildings may have no setback from streets. Single-family residences would be separated from the street and other units. Heights: Buildings would be limited to 60 feet high for commercial and multifamily uses and 35 to 45 feet high for single-family and industrial uses. Streets Consistent with the vision of the district as a place for community gatherings and street festivals, the Waterfront Development district code would allow some private streets that could be closed to traffic to accommodate farmers’ markets or music and entertainment. Some streets would be public. The City is working with the Port to develop private and public street standards with features encouraging residents and visitors to park their cars and walk. These standards could include narrow travel ways, on-street parking, wide sidewalks, and landscaping while ensuring adequate vehicular and emergency access. Parking Research shows that cities are dealing with an oversupply of parking, and parking is expensive for businesses to build and maintain.1 At auto-oriented developments like malls and big box stores, a high proportion of parking spaces goes unused much of the time; when compared with inviting architecture and landscaping, expanses of vacant parking create streetscapes that are uninviting for pedestrians. By some estimates, a third of all land in some cities is covered by parking lots.2 A large percentage of land dedicated to automobiles is economically unproductive – surface parking lots do not generate revenue for businesses. For these reasons, mixed-use districts and downtowns around the country are requiring or encouraging shared parking and are setting parking requirements lower to begin with. Some central business districts, including Pasco, eliminate parking requirements altogether. The Waterfront Development district code has the following features to reduce parking requirements and maximize the area available for buildings and public spaces.  Reduced parking requirements as compared with typical low-intensity development.  Incentives for shared parking in the form of allowances for public parking lots and on- street parking to meet requirements for individual uses, if public spaces are located within 500 feet.  A 10 percent reduction of parking spaces with the provision of bicycle parking. 1 Joe Cortright, “The Price of Parking,” City Commentary, 18.10.2016; http://cityobservatory.org/the-price-of-parking/ 2 Eran Ben-Joseph, “ReThinking a Lot: The Design and Culture of Parking,” M.I.T. Press, 2012. Page 22 of 57 Meeting Minutes excerpt from May 21, 2020 Planning Commission Code Amendment- Waterfront Development District (MF# CA2019-001): Senior Planner Jacob Gonzalez stated this was a continuation of the public hearing on the proposed creation of the Waterfront Develop District the applicant is the Port of Pasco. This item has been discussed with the planning commission at a workshop in September of 2019, and public hearings in February and March of this year. Staff has had productive discussions with the Port of Pasco regarding the code its development standards and the compliance with the existing Comprehensive Plan goals and policies including the Shoreline Master plan and program. The staff report remains relativity the same but it should be noted that there is one update regarding the permitted use of private streets. As identified in the attached to the staff report from AHBL, staff agrees with the concept and the applicability with the Waterfront Development District.  Nicole Stickney with AHBL stated she is presenting on behalf of the Port of Pasco. We are proposing a new creation of a zoning district in the City of Pasco this will be known as the Waterfront Development District. Therefore, it will be a new chapter in your zoning code titled 25 I believe. The intent here is to implement a mixed use of land designation, which will be forthcoming once the City updates their Comprehensive Plan. So for a while now the City has been interested in seeing a portion of the waterfront development there off Osprey Pointe be changed to a mixed-use designation on their land use map and that this proposal will help implement that.  Gary Below the director of economic development for the Port of Pasco stated that he supports the planning commission and staff that this has been a long process and I figured planning commission had really heard enough from me just want to get on record that the Port of Pasco does support the addition to the zoning code.  Commissioner Jerry Cochran made a motion to close the public hearing on the creation of the Waterfront District and set June 18, 2020 as the date for deliberations and recommendation for City Council. Commissioner Able Campos seconded the motion and motion carried. Page 23 of 57 Planning Commission Meeting Minutes Page 2 of 10 June 18, 2020 There were no declarations. Chair Bowers asked if anyone in the audience objected to any Planning Commission member hearing any of the items on the agenda. There were no declarations. Chair Bowers stated the Planning Commission needed and valued public input explaining it helped the Commission understand the issues more clearly and allowed for better recommendations to City Council. Furthermore, in many cases, this could be the only forum for the public to get facts and opinions placed into the official record and City Council will use to make the Commission’s decision. She encouraged those present to take full advantage of this opportunity. APPROVAL OF MINUTES ™™Commissioner Cochran moved to approve the Planning Commission meeting Minutes of May 21, 2020. Commissioner Campos seconded and the motion carried. OLD BUSINESS Code Amendment- Waterfront Development District (MF# CA 2019-001) Senior Planner Jacob Gonzalez stated that there are no further information on the purposed Waterfront Development District again this is an initiative sponsored by the Port of Pasco and their efforts to develop Osprey Point to meet the intent of various planning goals and vision efforts that they have gone through the past decade or so. Staff would recommend approval of the code amendment per the motion identified in the staff report. ™Commissioner Cochran moved that the Planning Commission recommend to Pasco City Council the creation of the Waterfront Development District. Commissioner Jordan seconded and the motion carried. PUBLIC HEARINGS Block Grant- 2021 Community Development Block Grant (CDBG) Allocations (MF# BGAP 2020-003) Angie Pitman, Block Grant Administrator explained a brief summary of the CDBG block grant program it was enacted in 1974 by title 1 of the Housing and Community Redevelopment Act (aka the Cranston-Gonzalez Act) and it rolled eight competitive grants for community development into one formula grant. The purpose of CDBG is to preserve and develop viable urban communities by expanding economic opportunities, provide decent housing, and create/sustain a suitable living environment. The grant program requirements are to have an adopted 5-year consolidated plan that was adopted in November 2019, Annual Action Plan Supplement which is the basis for carrying out annual goals and objectives each program year, at the end of the year than we prepare a consolidated annual plan evaluation report (CAPER) which evaluates the Annual Action plan performance, and Page 24 of 57 AGENDA REPORT FOR:City Council September 8, 2020 TO:Dave Zabell, City Manager Remote Workshop Meeting: 9/28/20 FROM:Steve Worley, Director Public Works SUBJECT:Resolution - Delegating Authority to Staff for Easement/Right-of-Way Acquisition I.REFERENCE(S): Proposed Resolution II.ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Discussion III.FISCAL IMPACT: IV.HISTORY AND FACTS BRIEF: In the development of public improvements such as; parks and park improvements, roadways, street widening, improvements, extensions and expansions of city-owned utilities, or other infrastructure improvements undertaken by the City, the acquisition of land, right-of-way, or easements is often necessary. The acquisition of land by local governments is regulated in numerous ways; U.S. and State Constitutions and case law, various federal, state and local regulations, and in the conditioning of certain grants or loans. The specificity of the regulations associated with these laws and regulations is beyond the scope of this topic, except to say that there are many requirements and protections to the landowner and to the public to keep in mind when the government acquires property on behalf of the public. Typical right-of-way acquisitions required of capital projects may include any or all of the following, depending on the project: Partial taking: Private property purchased for the purpose of publicly owned right-of- way in the form of: Strip of land: often seen in roadway projects for the construction of a new Page 25 of 57 roadway connection, roadway widening projects or construction of pedestrian facilities along existing roadways, usually located adjacent to existing publicly owned right-of-way. Corners:improvements, ADA accommodate to retrofit Often needed roundabouts, larger turn radius as well as traffic signal equipment and signage upgrades. Full parcel acquisition: Often used for the construction of lift stations, pump stations, buildings, parks, or park expansions, pollution control facilities, etc. Easements: Through this acquisition, the public agency gains rights to the land, but the property ownership remains private and the owner retains use of it, sometimes limited or conditioned use. Two types of easements typically used in Capital Projects are: Permanent Easements: Typical for the installation, maintenance and operation of underground utilities or other improvements. These are usually located along property lines or across properties. Temporary easements: allow for construction activity on or across private land, typically located adjacent to proposed public right-of-way or proposed permanent easements. These have expiration dates, established for the duration of the project. Bigger, less common, projects require more involved right-of-way acquisition, such as full parcel acquisition and relocation of owners or tenants. This type of acquisition is not proposed to be covered by the resolution being proposed tonight. V.DISCUSSION: The proposed resolution would delegate limited authority to the City Manager to perform typical acquisitions, under a Council-approved capital project, as part of the adopted CIP/approved budget or other budgeted project. The intent of the proposed resolution is to move projects efficiently, better utilize council and staff time, and formalize what has been practice for a very long time. Given the high frequency in which small right-of-way acquisitions are necessary for the construction of capital projects, and the time sensitiveness of these acquisitions in the overall development of the projects, staff is recommending that the City Council adopt the proposed resolution. Page 26 of 57 Resolution – Delegation of Authority - 1 RESOLUTION NO. _______ A RESOLUTION OF THE CITY OF PASCO, WASHINGTON, GRANTING LIMITED AUTHORITY TO THE CITY MANAGER REGARDING ACQUISITION OF REAL PROPERTY, GRANTING OF EASEMENTS OVER RIGHT-OF-WAY RELATING TO PRIVATE OR PUBLIC DEVELOPMENT PROJECTS, AND OTHER MATTERS RELATING THERETO. WHEREAS, pursuant to RCW 35A.11.020, “The legislative body of each code city shall have all powers for a city or town to have under the Constitution of this state, and not specifically denied to code cities by law. By way of illustration and not in limitation, such powers may be exercised in regard to the acquisition, sale, ownership, improvement, maintenance, protection, restoration, regulation, use, leasing, disposition, vacation, abandonment or beautification of public ways, real property of all kinds, . . .”; and WHEREAS, it is necessary in the routine operation of the City to acquire real property and real property rights for City and capital project purposes, and related to the approval of development projects, most of which are small in size; and WHEREAS, it is necessary in the routine operation of the City to grant, extinguish, or accept temporary or permanent easements of various types across public and private properties, including but not limited to construction easements, access easements, stormwater easements, sidewalk easements and utility easements; and WHEREAS, delegation of limited authority to the City Manager for such minor tasks will result in a more efficient use of Council time, as well as City staff time; and WHEREAS, circumstances exist where, due to Federal law relating to federally-funded capital projects, the Public Works Director is required to execute applicable documents to accomplish the transfer of property rights; and WHEREAS, the City Council wishes to affirm and ratify past actions taken by the City Manager and/or staff related to the acquisition of right-of-way or in granting easements in conjunction with capital and other development projects as set forth below. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON: Section 1. Pursuant to RCW 35A.11.020, the City Council hereby grants to the City Manager, or his/her designee, the authority to acquire real property on behalf of the City up to a fair market value of $300,000 for appropriate municipal purposes. Page 27 of 57 Resolution – Delegation of Authority - 2 Section 2. The City Council hereby grants to the City Manager, or his/her designee, the authority to conduct transactions to acquire and dispose of rights-of-way pursuant to the Washington State Department of Transportation (WSDOT) approved City of Pasco Right-of-Way Procedures, except those acquisitions which require use of City’s condemnation authority pursuant to Chapter 8.12 RCW. Section 3. Pursuant to RCW 35A.11.020, the City Council hereby grants to the City Manager, or his/her designee, the authority to grant or accept easements of all types that are in the best interest of the City and appropriate in the management of the various rights-of-way and City properties. At the City Manager’s discretion, Council may be consulted or requested to decide whether to grant or accept a specific easement or easements. Section 4. Pursuant to RCW 35A.11.020, the City Council hereby grants to the City Manager, or his/her designee, the authority to relinquish easements of all types that the City Manager determines to be in the best interest of the City and appropriate in the management of the various rights-of-way and City properties. At the City Manager’s discretion, Council may be consulted or requested to decide whether to relinquish a specific easement or easements. Section 5. The City Council affirms and ratifies all past actions taken by the City Manager and/or City staff related to the acquisition of rights-of-way or in granting or relinquishing easements in conjunction with capital and other development projects. Section 6. Repeal of prior similar actions. This Resolution is intended to repeal and replace any prior grant or authority, whether done by motion or resolution. Section 7. Effective Date. This Resolution shall be in full force and effect upon adoption. PASSED BY the City Council of the City of Pasco, Washington this ____ day of October, 2020. ________________________________ Saul Martinez Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorney Page 28 of 57 AGENDA REPORT FOR: City Council September 21, 2020 TO: Dave Zabell, City Manager Remote Workshop Meeting: 9/28/20 FROM: Zach Ratkai, Director Administrative & Community Services SUBJECT: Resolution - Amendment to Interlocal Agreement with Mid Columbia Library I. REFERENCE(S): Proposed Resolution Proposed Amendment for Extension to Interlocal (One Year) Interlocal Cooperation Agreement - City of Pasco and Mid-Columbia Libraries II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Discussion and Consideration III. FISCAL IMPACT: $1,600,000 a to point estimates initial original to contract of Terms continue, expenditure, billed and paid monthly. The estimate is based upon prior year costs, with a growth percentage determined at the end of the calendar year. The library is funded through the Pasco General Fund. IV. HISTORY AND FACTS BRIEF: On June 7, 2010, the City of Pasco entered into an Interlocal Cooperation Agreement (ILA) with Mid-Columbia Libraries (MCL) to provide library locations and services to the community. The term of the this current agreement commenced on January 1, 2011 and expires on December 31, 2020. Contained within the ILA are stipulations on conditions of service, provision of library materials and staff to serve the community, as well as locations from which the library will be based. The primary location (Main Branch) is at 120 West Hopkins Street. This facility is city owned, with MCL operating the use as a library branch, with the City in charge of maintenance, operations of the facility, and capital improvements. In 2008, the MCL contributed to the capital improvements of the facility consisting of the installation of carpet and chair rails, along with painting. For this facility, there is a Page 29 of 57 shared usage clause wherein the City may use the library for common meeting space as needed, schedule permitting. The agreement, also outlines the District agreeing to rent, staff, and maintain a branch in the western portion of the City, a location currently found at 7525 Wrigley Drive and has been in operation since April of 2013. The West Pasco Branch is not in a city- owned facility and the City has no maintenance and operations responsibilities for the facility. V. DISCUSSION: The resolution and amendment attached request a one year extension of the current ILA, with a new expiration date of December 31, 2021. This proposed extension will allow sufficient time for each party to examine the tenets of the original agreement, determine a collective future based upon current trends, explore the potential for shared facilities, and expansion of services. Page 30 of 57 Resolution – Amend ILA for Library Services - 1 RESOLUTION NO. _________ A RESOLUTION OF THE CITY OF PASCO, WASHINGTON, AMENDING THE INTERLOCAL AGREEMENT WITH THE MID- COLUMBIA LIBRARIES FOR A ONE-YEAR EXTENSION. WHEREAS, the City of Pasco and Mid-Columbia Libraries entered into an Interlocal Agreement December 3, 2001, for the purpose of providing library services to the citizens of the City of Pasco, later amended by Addendum dated November 19, 2008, then extended by an agreement dated February 16, 2010 and most recently, renewed on June 7, 2010 for a ten-year period ending on December 31, 2020; and WHEREAS, the Mid-Columbia Libraries is seeking a one-year extension to the Interlocal Agreement, to end on December 31, 2021; and WHEREAS, the City Council of the City of Pasco, Washington, has after due consideration, determined that it is in the best interest of the City of Pasco to amend the Interlocal Agreement with Mid-Columbia Libraries for one-year. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON: Be It Resolved, that the City Manager is authorized to sign and execute the Amendment to the Interlocal Agreement between the City of Pasco and the Mid-Columbia Libraries for a one- year extension, a copy of which is attached hereto and incorporated herein by reference as Exhibit A; and to take all necessary steps required to accomplish this transaction; and. Be It Further Resolved, that this Resolution shall take effect immediately; and Be It Further Resolved, that the City and the Mid-Columbia Libraries agree that all terms and provisions of the Agreement shall remain unchanged, except as expressly modified by this Amendment. PASSED by the City Council of the City of Pasco, Washington this ____ day of _______, 2020. Saul Martinez Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorney Page 31 of 57 AMENDMENT TO INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY PASCO AND MID-COLUMBIA LIBRARIES THIS AMENDMENT, made and entered into this ________ day of ________ 2020, by MID- COLUMBIA LIBRARIES, an intercounty rural library district of Benton and Franklin Counties, by and through the Board of Trustees of the same, duly organized and existing under the laws of the State of Washington, hereinafter called the “District”, and the CITY OF PASCO, WASHINGTON, a municipal corporation hereinafter called the “City”. WITNESSETH: WHEREAS, the District and the City have been operating successfully under an Agreement dated June 7, 2010; and WHEREAS, the City and the District desire to extend the contract through December 31, 2021, to allow the City and the District additional time to review and negotiate the terms and conditions of a successive Agreement in a way that continues to be beneficial to both parties, and which continues to give the best library service to the greatest number of people, including the residents of the City; NOW THEREFORE, IT IS HEREBY AGREED as follows: I. That Section XII.—Term of Agreement of the Interlocal Cooperation Agreement dated June 7, 2010 is hereby amended and the Agreement is hereby extended through December 31, 2021. II. All other terms and conditions of the Agreement remain in full force and effect except as to the extent set forth in this agreement. IN WITNESS THEREOF, the District and the said City have caused this Amendment to be executed by their respective officers on the day and year first written above. Page 32 of 57 MID-COLUMBIA LIBRARY CITY OF PASCO By: ___________________________ By: ___________________________ Chair, Library Board Date Mayor, City of Pasco Date Attested to by: Attested to by: By: ___________________________ By: ___________________________ Library Director Date Clerk Date Page 33 of 57 FILED FOR RECORD AT REQUEST OF: City of Pasco’washingwn Zona G.Lenhart.Auditor.Franklin County.WA. AFN #1751537 Recorded 06/15/2010 at 02:44 PMDocType:AGREE 11 Pag (.)FT 1 1 72_WHEN RECORDED RETURN TO:Recorded at the request v:f:sPAISlggg!sTrYug1:ms00 City of Pasco 525 North 3"‘ Pasco WA 99301 INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY OF PASCO AND MID-COLUMBIA LIBRARIES THIS INTERLOCAL COOPERATION AGREEMENT,hereinafter referred to as the “Agreement”,for library services is entered into by and between the City of Pasco,Washington,hereinafter referred to as “City”,and the Mid—ColumbiaLibraries, hereinafter referred to as “District”,on this _‘7_day of ;[UIU€,2010. WITNESSETH: WHEREAS,District and the City are authorized by RCW 39.34 to enter into this Agreement for the purpose of providing library services to the citizens of the City of Pasco,and District is authorized pursuant to RCW 27.l2.180 to render library services to the City providing to the citizens of the City the same library privileges as those provided for residents of District’s library district;and WHEREAS,the District and the City have been operating successfully under a Contract dated December 3,2001,later amended by Addendum dated November 19, 2008 and extended by an agreement dated February 16,2010,whereby the District has furnished complete library service to the City in return for funds provided by the City; and WHEREAS,for the mutual bene?t of all,and to give the best library service to the greatest number of people at the most reasonable cost,and to make it convenient for the City residents to use library books and other materials by making the most economical use of available funds through the centralization of supervision and the purchase of supplies,books and other library materials and equipment;NOW THEREFORE, Interlocal Cooperation Agreement -Page 1 Page 34 of 57 IT IS HEREBY AGREED as follows: 1.Termination of Prior Contract:The contract dated December 3,2001 and its subsequent addendum and extension now in effect between District and the City shall be terminated as of December 31,2010,and superseded by this Agreement on January 1,2011. II.General Conditions:The District agrees that it shall make available to the residents of Pasco the resources and library services generally available throughout the Library District,and except as otherwise provided in Section VII herein,to the extent deemed reasonable and equitable by the District in view of its district-wide service responsibilities.The District further agrees that the residents of the City are entitled to, and shall receive the same library privileges as are provided to all residents of the District. III.Library Materials:In the provision of books and non-print materials by the District,the collection for a community library shall depend on the population served, the shelf space available,the use made of the materials,and the funds available in the district-wide materials budget.The District has the responsibility for the selection and maintenance of such materials.In addition,the District shall make all decisions regarding disposition of gifted materials and equipment.Regulations governing the use of the library and its collection will be set by the District. IV.Library Staff:The District shall provide competent and quali?ed staff suitable for rendering library services to the public and shall have sole responsibility for all personnel administration,including selection,training,discipline and other personnel administrative functions. V.Pasco Library —Main Branch:District shall have full use of the existing library facility located at 1320 West Hopkins,Pasco,Washington,and more legally described on Exhibit A attached hereto,for the operation of a public library and for no other purpose,and shall take all reasonable precautions to prevent damage,injury,or loss by reason of or related to the operation and maintenance of the library.Included in such use are the fumishings,shelving,and counters more particularly described in Exhibit B, including such replacement and additional furnishings,equipment and materials purchased by the City. The facility shall be jointly managed with District having complete authority over the services rendered.The City,at its sole expense,will repair,maintain and operate the facility,including heat,air conditioning,water,light and reasonable janitorial service, and grounds maintenance.This provision does not apply to damages to the premises caused intentionally,negligently,or from misuse by District’s employees. District shall not make any alterations,additions,improvements,utility installation (including power panels)to the premises without the prior written consent of the City,which consent will not be unreasonably withheld. Interlocal Cooperation Agreement -Page 2 Page 35 of 57 In 2008,the District contributed to capital improvements to the facility in an amount of Twenty-two Thousand Three Hundred and Two Dollars and Twenty~two Cents ($22,302.22),consisting of painting,carpet and chair rail installation.In the event this Agreement is terminated,for whatever reason,prior to the end of its stated term,the City agrees to reimburse the District for the costs of the foregoing improvements according to the following schedule: If termination occurs after: Percentage of Original Costs or Reimbursement January 1,2012 70% January 1,2013 60% January 1,2014 50% January 1,2015 40% January 1,2016 30% January 1,2017 20% January 1,2018 10% The City may utilize meeting space in the library,and the City meeting uses will have priority over non District users.Scheduling shall be coordinated with the designated library staff,so as not to interfere with the normal operations of the library. During the term of this Agreement,and any renewal thereof,the Library shall be identi?ed by exterior lettering as:“Pasco Library Operated by Mid-Columbia Libraries.” VI.Pasco Library --West Branch:The District agrees to rent,staff and maintain a West Pasco satellite Branch Library at no direct cost to the City.The size, location and operating hours of the West Pasco Library will be determined by the District after consultation with the City.It is the intent of the parties for the West Pasco Library to be in operation by 2013. During the term of this Agreement,and any renewal thereof,the West Pasco Library shall be identi?ed by exterior lettering as:“West Pasco Library Operated by Mid-Colmnbia Libraries.” VII.Hours of Service:Regular hours of service will be determined by the District,taking into account the population served,the use made of the facilities,and the funds available in the district-wide staff budget,provided,however,the contract fee specified in Section X1 shall entitle the City to a minimum of 60 hours total per week of scheduled service between both branches combined,however,service to the Main Branch shall be not less than 40 hours per week.Any reduction in the schedule of service below the foregoing hours shall require written agreement of the parties. lnterlocal Cooperation Agreement -Page 3 Page 36 of 57 VIII.Fire and All Risk Insurance:The City shall maintain,at its sole expense, fire and all risk casualty insurance upon the premises of the Main Branch as a pait of its existing blanket insurance policies for full replacement value,together with all City owned furnishings,equipment,and materials therein.The District shall procure and, maintain at its expense such insurance as it deems necessary for the coverage of its materials,equipment,and supplies at both the Main Branch and West Pasco Branch libraries,and shall have no interest in the proceeds of any policy secured by the City for the protection of its property.The City and District hereby waive the subrogation provisions of any insurance policy issued to either covering any casualty arising out of the ownership,use,maintenance or operation of either building or premises,but only to the extent such policy pemiits such a waiver. IX.Liability Insurance:The District shall procure and maintain for the duration of the Agreement,insurance against claims for injuries to persons or damage to property which may arise from or in connection with the District’s repair,maintenance, and operation of the Pasco Library or the West Pasco Library. The City shall procure and maintain for the duration of the Agreement,insurance against claims for injuries to persons or damage to property which may arise from or in connection with the City’s repair,maintenance and operation of the Main Branch Library. No Limitation:Maintenance of the insurance policies as required by the Agreement shall not be construed to limit the liability of either party to the coverage provided by such insurance,or otherwise limit the recourse to any remedy available at law or in equity. A.Minimum Scope of Insurance.Each party shall obtain insurance ofthe type described below: 1.Commercial General Liability insurance shall be written on Insurance Services Office (ISO)occurrence form CG O0 01 and shall cover premises and contractual liability.The City shall be named as an insured on District’s Commercial General Liability insurance policy using ISO Additional Insured-Managers or Lessors of Premises Form CG 20 ll or a substitute endorsement providing equivalent coverage.The District shall be named as an additional insured under the insurance or insurance pool coverage maintained by the City. 2.Property insurance shall be written on an all risk basis. B.Minimum Amounts of Insurance.Each party shall maintain Commercial General Liability insurance with limits no less than$1,000,000 each occurrence,$2,000,000 general aggregate. Interlocal Cooperation Agreement -Page 4 Page 37 of 57 C.Other Insurance Provisions.The insurance policies are to contain, or be endorsed to contain,the following provisions for Commercial General Liability insurance: I.The District’s insurance coverage shall be primary insurance as respect the City.Any insurance,self-insurance,or insurance pool coverage maintained by the City shall be excess of the District’s insurance and shall not contribute with it. 2.The party’s insurance shall be endorsed to state that coverage shall not be cancelled by either party,except after thirty (30) days prior written notice by certi?ed mail,retum receipt requested,has been given to the City. D.Acceptability of Insurers.Insurance is to be placed with insurers with a current A.M.Best rating of not less than A:VII. E.Veri?cation of Coverage.Each party shall furnish the other with original certificates and a copy of the amendatory endorsement,including but not necessarily limited to the additional insured endorsement,evidencing the insurance requirements of this Agreement. F.Waiver of Subrogation.District and City hereby release and discharge each other from all claims,losses and liabilities arising from or caused by any hazard covered by property insurance on or in connection with the premises or said building.This release shall apply only to the extent that such claim,loss or liability is covered by insurance. X.Indemni?cation. A.The District shall defend,indemnify and hold harmless the City,its officers,officials,employees and volunteers from and against any and all claims, suits,actions,or liabilities for injury or death of any person,or for loss or damage to property,which arises out of the District’s use of the Pasco and West Pasco Libraries,or from the conduct of the District’s business,or from any activity, work or thing done,permitted,or suffered by District in or about the libraries, except only such injury or damage shall have been occasioned by the sole negligence of the City. lnterlocal Cooperation Agreement -Page 5 Page 38 of 57 B.The City shall defend,inderrmify and hold harmless the District,its officers,officials,employees and volunteers from and against any and all claims, suits,actions,or liabilities for injury or death of any person,or for loss of damage to property,which arises of out the City’s obligation to maintain the Main Branch Library,or from any activity,work,or thing done by the City,its officers, of?cials,employees and volunteers whose negligent acts or omissions are the proximate cause of the claimed damage,except only such injury or damage as shall have been occasioned by the sole negligence of the District. XI.Contract Fee:For the year commencing January 1,2011 the City agrees to pay the District,in monthly installments,a base contract fee of $1,100,000. Commencing January 1,2012,and each year thereafter during the term of this Agreement,the City agrees to pay in monthly installments a contract fee equal to the fee paid the previous year adjusted by the percentage change in the District levy for the new contract year.Notwithstanding the foregoing,the City shall have the right to limit the percent change in fee so as to not exceed the percentage change of assessed value of the City for the same time period.In such event,the District may make such adjustments to its service as reasonably necessary to offset the loss in revenue. The annual fee shall be calculated at such a time that each January 1“begins a new fee year.Annual fees shall be made in 12 equal installments with each installment to be remitted on or before the last day of each month. In the event the monthly installment payment is not paid by the last day of the month in which it is due,then in addition thereto,as a late charge,the City agrees to pay 1%per month of the delinquent installment for each month delinquent until paid. XII.Term of Agreement:Unless earlier terminated,this Agreement shall end December 31,2020.Notwithstanding the foregoing,either patty may terminate this Agreement to take effect not less than eighteen (18)months from the date of written noti?cation.Upon termination,all alterations,improvements,additions,or fixtures made by District to the main branch,other than District’s property,shall become the property of the City and be surrendered with the premises. XIII.Renegotiation:At any time during the last seven years of the contract, either party may request renegotiation of one or more terms of the contract by providing advance written request to the other party.Such notice shall cite the basis for the request in suf?cient detail to provide the other party a reasonable understanding of the scope of the requested negotiation.The only obligation created by such notice shall be the obligation to meet and discuss,in good faith,the basis for the request;however,neither party shall be under any obligation to amend this Agreement. XIV.Annexation:During the term of the Agreement,but no later than 2016, upon the written request of either party,the parties agree to meet and evaluate,in good faith,the potential annexation of the City into the District. Interlocal Cooperation Agreement -Page 6 Page 39 of 57 XV.Interlocal Cooperation Act Provisions:No special budget or funds are anticipated,nor shall be created.It is not intended that a separate legal entity be established to conduct this cooperative undertaking,nor is the acquiring,holding,or disposing of real or personal property contemplated,other than as speci?cally provided within the terms of this Agreement.The City Manager of the City and the Executive Director of the District shall be designated as the Administrators of this Interlocal Agreement. This Agreement shall be ?led with the Franklin County Auditor,or alternatively listed by subject on either Pa1“ty’s website or other electronically retrievable public source. XVI.Miscellaneous: A.Waiver.The parties agree that time is of the essence of each and every provision contained herein and no waiver of any breach of any condition or covenant shall waive any other condition or covenant or any future breach. B.Illegality.The parties agree that if any provision of the Agreement is declared illegal or violative of the law,the remaining provisions thereof shall remain in full force and affect. C.Entire Agreement.This Agreement contains the entire agreement of the parties and supersedes and replaces any and all prior or contemporaneous agreements or understandings,written or oral,express or implied,between the parties concerning the subject matter of this Agreement. D.Modi?cation.This Agreement shall not be subject to modi?cation except by written agreement signed by the parties. E.Cooperation.The parties agree to fully cooperate in all matters related to or arising out of this Agreement. F.Scrutiny.This Agreement has been submitted to the scrutiny of the pa11ies and their respective legal counsel and shall be given a fair and reasonable interpretation in accordance with the words hereof without consideration or weight being given to its being drafted by or for one of the parties. Interlocal Cooperation Agreement -Page 7 Page 40 of 57 XVII.Dispute Resolution:Should any dispute arise concerning the interpretation,enforcement,breach or default of this Agreement,the parties shall first meet in good faith and attempt to resolve or mediate the dispute.In the event it remains unresolved by mediation,the dispute shall be resolved by ?nal and binding arbitration pursuant to RCW 7.04A,the Mandatory Rules of Arbitration,but with no right of appeal. The arbitration shall be conducted by a single arbitrator selected by mutual agreement of the parties or,failing such agreement,the arbitrator shall be selected by the then presiding judge of the Franklin County Superior Court.Venue for such arbitration shall be placed in Franklin County,Washington,and the prevailing party shall be awarded its attomey fees and costs as additional judgment against the other. IN WITNESS THEREOF,the said District and the said City have caused this contract and agreement to be executed by their respective officers on the day and year first written above. MID-COLUMBIA LIBRARIES CITY OF PASCO By:W?/W49 Matt Watkins,Mayor Pro Tem By: 'Gloria Garcia,Board Chairman Attested to by:Attested to by: City Clerk 9:Sandra LePage,S cretary, MCL Board of Tiustees STATE OF WASHINGTON ) :ss County of Franklin ) I CERTIFY that I know or have satisfactory evidence that Gloria Garcia is the person who appeared before me,and said person acknowledged that he/she signed this instrument,on oath stated that he/she is authorized to execute the instiument,and acknowledged it as the Board Chairman of Mid-Columbia Libraries to be the free and voluntary act of such entity for the uses and purposes mentioned in the instrument. of ?gl ,2010.“ ,.mSUB,§CRIBEDand sworn to before me this /L3 day “\\“£3“E'_mIlfA30"r,," ‘o <»;:~._%=,@A>.?3WL>.:__¢‘o°"’‘—._:_Notaiy Public in and for the State of Washington 5 5 NOTARY‘:I Residing at \¢=g;3ne\m tCiL..w Pr- E_:5 My Commission Expires (XL ‘Z0 4 Z6\\cs or Iiiterlocal Cooperation Agreement -Page 8'1/uni!‘ Page 41 of 57 STATE OF WASHINGTON ) .ss County of Franklin ) I CERTIFY that I know or have satisfactory evidence that Matt Watkins is the person who appeared before me,and said person acknowledged that he/she signed this instrument,on oath stated that he/she is authorized to execute the instrument,and acknowledged it as the Mayor Pro Tem of the Cig'of Pasco to be the free and voluntary act of such entity for the uses and purposes mentioned in the instrument. SUBSCRIBED and sworn to before me this 27""day of 33 QAJL-f,2010. Notary Public in and for the State of Washington Residing at |<€,fQl\)6LUI at, My Commission Expires e-13 —I o Interlocal Cooperation Agreement -Page 9 Page 42 of 57 6:33nan.opvmm§>mN>>N>>".0EN3“.0.8mmn_O bmmw“.0_omNzmw?wmpwmmm:8¢.om_m_m§>w§>z~>>2H.mVwmm»o<E saaomtm5222>m<mm__._oom<m.5>._._O-<:m__._xm_ 225.53>_._._<:c>n_ou Page 43 of 57 Exhibit "B" Personal property owned by the City of Pasco at the Pasco Library includes all installed equipment, shelving and built in counters with the exception of the following: "Personal property of Mid~Co|umbia Libraries at the Pasco Branch includes materials (eg.books, magazines,tapes/discs)housed within the branch,computer workstations and associated peripherals, hardware (including sewers)used to support and maintain a telecommunications and data network,a hot water dispenser,refrigerator,telephone system including telephone units,televisions and associated peripherals,an alarm system,security cameras and associated peripherals,a photocopier,a laminator,a cash register,a paper cutter,modular wall hangings,shelving including mobile units,an outdoor bookdrop,book stands,signage,artwork,blinds,chairs and other seating furniture,tables, magazine racks,rugs,filing and storage cabinets,workstations,and book bins,carts,and trucks." Page 44 of 57 AGENDA REPORT FOR: City Council September 10, 2020 TO: Dave Zabell, City Manager Remote Workshop Meeting: 9/28/20 FROM: Ken Roske, Police Chief Police Department SUBJECT: Resolution - Interlocal Agreement with Franklin County for Jail Services I. REFERENCE(S): Proposed Resolution Exhibit A - Proposed 2020-2023 Interlocal Agreement II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Discussion III. FISCAL IMPACT: The duration of the most recent agreement with Franklin County for Jail Services was effective January 1, 2016 and expired December 31, 2019. The daily lodging rate per inmate in the previous agreement was set at $62.00, with no increases throughout the four-year agreement. In the proposed interlocal agreement, the daily compensation rate for jail facilities and services will increase 18.18% the first year (2020) with and additional increase of 5% each year following (2021-2023). The daily compensation rates are as follows: 2020: $73.27 2021: $76.93 2022: $80.78 2023: $85.17 An analysis of the Interlocal Agreement with Franklin County for Jail Services was completed to review the costs increases associated with the new agreement and the impact on the Police Department biennial budget. The booking fee to cover intake- processing costs remains the same from the previous agreement at $45.00 per inmate. The data used in the analysis included the number of City of Pasco prisoners housed by Franklin County Jail in 2019. The budget impact in dollars could be estimated as an increase of $156,432 for 2020, and additional increases of $50,845 for 2021, $53,387 for 2022 and $56,056 for 2023. These figures assume the lodging days and number of Page 45 of 57 prisoners booked into Franklin County Jail remain comparable to 2019. IV. HISTORY AND FACTS BRIEF: The City of Pasco has utilized the Franklin County Jail for the use of their facilities and services for City Prisoners for a number of years. The current agreement for the use of jail facilities ended December 31, 2019. Since the close of the agreement staff, along with the City Attorney, have corresponded and negotiated the proposed interlocal agreement with Franklin County. This interlocal agreement outlines what the City shall pay the County as compensation for the use of jail facilities and services by contract year, as well as specifications for medical costs and treatment procedures. An in depth review from the City's legal team and their correspondence with legal representatives with Franklin County revealed multiple language changes within the proposed agreement. The most substantive language changes are related to the medical cost and treatment to include language on the transportation of a prisoner. Section 6, of the proposed Interlocal Agreement for Jail Services with Franklin County, includes revised language that will allow the County authorization to provide outside emergency medical care to the City prisoner with only notification to the City. Language was removed from the previous contract that required the county to “obtain City authorization” or “Police Chief’s authorization” regarding cases of medical emergency. The following new substantive language was added in this section to include, “The City shall not be responsible for medical expenses resulting from injuries incurred during the course of a City Prisoner’s incarceration related to the intentional tort or criminal conduct of another.” In comparison to the previous interlocal agreement, an additional chang e to the benefit of the City includes the redefinition of prisoner transportation. The current proposed agreement changes the definition of the City's responsibility for costs from “outside the Jail” to “outside the local area (Tri-Cities).” These are substantive as they redefine which transportation costs the City agrees to repay the County. In the previous agreement, the City would be responsible for any transportation costs outside the Jail and now the City will only be responsible for transportation costs outside of the Tri- Cities area. V. DISCUSSION: Subject to Council discussion, staff will be bringing this item back with a recommendation for approval at the October 5 regular meeting. Page 46 of 57 Resolution – ILA for Use of Jail Facilities - 1 RESOLUTION NO. _________ A RESOLUTION OF THE CITY OF PASCO, WASHINGTON, AUTHORIZING THE CITY MANAGER TO SIGN AND EXECUTE A FOUR- YEAR INTERLOCAL AGREEMENT WITH FRANKLIN COUNTY FOR THE USE OF JAIL FACILITIES. WHEREAS, the City of Pasco, Washington has a need to confine City prisoners held upon arrest, awaiting trial or case disposition, and/or serving sentences of jail terms on a space available basis; and WHEREAS, the City of Pasco, Washington and Franklin County, Washington desire to enter into this interlocal agreement for efficiency and cost effectiveness for the holding of the City of Pasco’s incarcerated individuals; and WHEREAS, the City Council of the City of Pasco, Washington, has after due consideration, determined that it is in the best interest of the City of Pasco to enter into an agreement with Franklin County for these services. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON: Section 1. That the City Council of the City of Pasco approves of the terms and conditions of the Interlocal Agreement between the City of Pasco and Franklin County, Washington, as attached hereto and incorporated herein as Exhibit A; and Section 2. The City Manager of the City of Pasco, Washington, is hereby authorized, empowered, and directed to sign and execute said Agreement on behalf of the City of Pasco. PASSED by the City Council of the City of Pasco, Washington this day of , 2020. Saul Martinez Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorney Page 47 of 57 AGREEMENT FOR USE OF JAIL FACILITIES - 1 AGREEMENT FOR USE OF JAIL FACILITIES THIS AGREEMENT is made and entered into by and between FRANKLIN COUNTY, a political subdivision of the State of Washington (hereinafter “County”) and the City of PASCO, WASHINGTON, a municipal corporation (hereinafter “City”). For and in consideration of the conditions, covenants, and agreements contained herein the parties agree as follows: 1. PURPOSE The City, desiring to utilize Franklin County Jail (hereinafter “jail”) facilities and services, for the incarceration of City prisoners, in accordance with the Interlocal Cooperation Act (Chapter 39.34 RCW) and the City and County Jails Act (Chapter 70.48 RCW), hereby enters into an agreement with Franklin County for use of the County jail facility and services for confinement of City prisoners. It is the purpose of this agreement to provide for the joint use by the parties of the jail facilities and services at the jail located at the Franklin County Justice Center. 2. DEFINITIONS (a) “Franklin County Custody Budget” shall mean all expenditure items in such budget. (b) “City Prisoner” shall mean a person who is booked into the jail pursuant to an arrest by a City police officer for the commission of a misdemeanor or gross misdemeanor, which could be booked as a violation of a City ordinance. For the term of this agreement, should the City choose to repeal any or all of its ordinance provisions which give rise to potential City jail time, such action will have no bearing on the computation of City prisoner days as defined below. (c) “City Prisoner Day” shall mean any portion of a consecutive 24-hour period that a City Prisoner is in the custody at the County jail and shall include when a City Prisoner is only booked and released, as calculated using Intergraph Jail Management System (ILEADS) or Tyler System methodology for counting jail days. After booking, the total elapsed time for each visit shall be calculated in minutes. At the time of release, the number of minutes will be divided by 1440 (the number of minutes in a day), and the resulting number will be rounded up. For example, if a City prisoner’s stay is from 8:00 AM on January 1, 2020 to 1:00 PM on January 3, 2020, the total elapsed time would be 3,180 minutes. This is two days and five hours, and the number of City Prisoner Days would be three. Page 48 of 57 AGREEMENT FOR USE OF JAIL FACILITIES - 2 3. AVAILABILITY AT JAIL FACILITIES The jail facilities and services shall be available for confinement of City Prisoners held upon arrest, awaiting trial or case disposition, and/or serving sentences of jail terms on a space available basis; provided, confinement of City Prisoners will be given priority over confinement of Prisoners for jurisdictions from outside of Franklin County. 4. COMPENSATION FROM CITY The City shall pay the County as compensation for its provision of jail facilities and services as specified herein. (a) For the 2020 calendar year, the fee for the City Prisoner Day will be seventy-three dollars and twenty-seven cents ($73.27) per day. The City shall pay to the County seventy-three dollars and twenty-seven cents per City Prisoner Day. (b) For the 2021 calendar year, the fee for the City Prisoner Day will be seventy-six dollars and ninety-three cents ($76.93) per day. The City shall pay to the County seventy-six dollars and ninety-three cents per City Prisoner Day. (c) For the 2022 calendar year, the fee for the City Prisoner Day will be eighty dollars and seventy-eight cents ($80.78) per day. The City shall pay to the County eighty dollars and seventy-eight cents per City Prisoner Day. (d) For the 2023 calendar year, the fee for the City Prisoner Day will be eighty-five dollars and seventeen cents ($85.17) per day. The City shall pay to the County eighty-five dollars and seventeen cents per City Prisoner Day. (e) For all Bookings, there will also be an initial forty-five dollars ($45.00) booking fee to cover the intake processing costs. 5. PAYMENT The County shall bill the City by submitting a monthly voucher to the City on or before the 15th of each month, for the number of City Prisoner Days in the preceding month. The City shall pay the County the compensation set forth in Section 4 hereof within thirty (30) days from receipt of such voucher. Account balances overdue thirty (30) days or more will be subject to a service charge of Page 49 of 57 AGREEMENT FOR USE OF JAIL FACILITIES - 3 1% (one percent) per month (12% (twelve percent) per annum). Should it become necessary, all collection costs shall be paid by the City. 6. MEDICAL COSTS AND TREATMENT. (a) The County shall have the right to refuse to accept a City prisoner who, at the time of delivery to the jail for confinement, is in need of medical attention, until the City has made arrangements satisfactory to the County, for such medical attention. (b) The County will provide medical services for all City Prisoners within the jail in accordance with the policies and procedures adopted by the County. (c) In the event a prisoner requires medication, medical care, or dental treatment that is not available in the health care program within the jail provided by the County, the City shall be responsible as follows: i. With respect to City Prisoners, the City shall reimburse the County for the cost of all medication, medical care, or dental treatment to the extent such costs are not paid by the prisoner, insurance, public assistance, or other sources, and for the cost of transportation to and from any health care facility that is outside the local area (Tri- Cities). ii. With respect to those prisoners who are not City Prisoners, as defined in Section 2, but who are confined on the basis of charges initiated by the City police officers, the City shall reimburse the County for the cost of all such medication, medical care, dental treatment, and transportation to and from any health care facility outside of the local area (Tri-Cities) that are incurred prior to the disposition of the charges by sentencing, or otherwise, to the extent that the cost is not paid by the prisoner, insurance, public assistance, or other sources. iii. The County shall promptly forward its written requests for reimbursement to the City within sixty (60) days of receipt of a medical billing statement, which shall be attached to such request, from a medical provider providing treatment under this section. Failure to timely submit reimbursement request shall be considered a waiver of the County’s right to reimbursement for any medical expenses, dental expenses, or other costs incurred related to a prisoner’s healthcare. (d) The County agrees to use reasonable efforts to obtain reimbursement from the prisoner, insurance, public assistance, or other sources, for such costs of medication, and medical care, or dental treatment. The County Page 50 of 57 AGREEMENT FOR USE OF JAIL FACILITIES - 4 shall, except in cases of emergency which prevent the County from providing advanced notification, notify the Chief of Police or designee whenever a City Prisoner requires such medication, medical care, or dental treatment, the cost of which is the responsibility of the City pursuant to this Agreement. The City agrees to provide to the County, when notified, written verification of any furlough/Personal Recognizance Court Order to release for the care or treatment for a City Prisoner. (e) The County shall, subject to the City’s notification required by subsection (d) hereof, have the authority to make arrangements for medication, medical care, or dental treatment not available in the health care program within the jail. (f) The County shall be responsible for all medical expenses resulting from accidental injuries incurred during the course of a City Prisoner’s, and those who are confined on the basis of charges initiated by the City police officers, incarceration; provided, this subsection shall not relieve the City of its obligations to reimburse the County for medical expenses incurred in connection with any pre-existing medical condition that does not arise due to an accidental injury to a City Prisoner, and those who are confined on the basis of charges initiated by the City police officers, occurring during incarceration. The City shall not be responsible for medical expenses resulting from injuries incurred during the course of a City Prisoner’s, and those who are confined on the basis of charges initiated by the City police officers, incarceration related to the intentional tort or criminal conduct of another. 7. TRANSPORTATION OF PRISONERS The City shall be responsible for all transportation cost associated with City Prisoners outside the local area (Tri-Cities), or the cost thereof if transportation is provided by the County at the applicable mileage reimbursement rate for private vehicle use set by the U.S. General Services Administration. The County reserves the right not to provide transportation of City Prisoners outside of the local area. 8. TRANSFER OF CUSTODY City or any law enforcement on behalf thereof delivering persons to the jail for confinement shall provide the County officer of the jail with an arrest warrant, citation, court order, other documentation, or a completed detention request form satisfactory to the County officer which indicates the legal basis for confinement of the person and, in the absence of such documentation, the County officer may refuse to accept the person for confinement. Page 51 of 57 AGREEMENT FOR USE OF JAIL FACILITIES - 5 The County may also refuse to accept any City Prisoner for confinement if, in its sole discretion, it would be inappropriate to accept such person for security, safety reasons, or any other reason which causes the Sheriff or his designee to conclude that it would be inappropriate for a particular person to be held in custody in the jail. Including but not limited to family, social, or employment relationships between the person arrested and one or more members of the correctional staff. (a) City Police Officers delivering persons to the jail for confinement shall remain in the immediate presence of such person, and shall be responsible for such person in their sole custody until the County officer has accepted documentation for such person’s confinement and physical custody of that person and has indicated that the City Police officer may leave. At such time, and only at such time, will the County have assumed custody of and responsibility for the person to be confined. (b) City Prisoners shall be subject to all applicable rules, regulations, and standards governing the operation and security of the jail. All City officers delivering prisoners to the County jail shall comply with those rules, regulations, and standards. 9. ACCESS TO PRISONERS City Police Officers and investigators shall have the right to interview City Prisoners at any reasonable time within the jail. City Police Officers shall be afforded equal priority for the use of jail interview rooms with other departments, including the Franklin County Sheriff’s Department. 10. POSTING OF BAIL The County shall serve as agent for the City in receipt of bail bonds or monies posted for City Prisoners. 11. SPECIAL PROGRAMS. (a) Home Monitoring and Other Special off-site Programs: Prisoners participating in a home monitoring program, or any other program agreed in writing by the parties to be subject to this paragraph 11(a), shall not be included in the calculation of “City Prisoner Days” under paragraph 2(c) of this Agreement. The cost of providing home monitoring or any other agreed special program subject to this paragraph 11(a) shall Page 52 of 57 AGREEMENT FOR USE OF JAIL FACILITIES - 6 be determined by the sentencing judge. The County shall use all best efforts to collect the cost of such special program from the City Prisoner, provided, in the event that a City Prisoner is determined by the sentencing judge to be indigent, as a matter of law, yet otherwise qualifies for such home monitoring or other special program and is unable to pay the entire cost of such special program, the City shall be responsible for the actual cost of providing such special program not paid by the City Prisoner. The County shall provide a monthly statement to the City regarding the City’s obligation for payment for such special programs under this subsection. 12. RELEASE OR LEAVE OF CITY PRISONERS. City Prisoners shall be permitted to leave the jail only: (a) Upon the authorized, written request of the City police; (b) By order of the Court having jurisdiction of a City Prisoner and the matter for which such prisoner is being confined; (c) For appearance by the prisoner in the Court in which the prisoner has been charged; (d) In compliance with a valid writ of habeas corpus; (e) For necessary medical or dental treatment or care not available within the jail; or (f) When the prisoner has completed service of the sentence, the charge pending against the prisoner has been dismissed or bail or other satisfactory recognizance has been posted as required by the Court. 13. RECORDKEEPING The County, based on consultation with the City’s Chief of Police, agrees to maintain a system of record keeping to document the booking and confinement of each City Prisoner in such style and manner as is equivalent to the County’s records pertaining to its prisoners under the current ILEADS system or Tyler Software system. The County shall make copies of said records available upon request by the City. The City agrees to be bound by all applicable confidentiality laws regarding jail records. 14. INDEMNIFICATION. Page 53 of 57 AGREEMENT FOR USE OF JAIL FACILITIES - 7 (a) The City shall indemnify and hold harmless the County and its officers, agents, and employees, to the extent of the City’s negligence, from and against any and all claims, actions, suits, liability, loss, costs, expenses, and damages of any nature whatsoever resulting from, arising out of or incident to any act or omission of the City, its officers, agents, or employees, in the performance of this Agreement or in arresting, detaining, charging, transporting, interrogating, or otherwise dealing with persons either before or after presentation to and acceptance by the County for confinement in the jail. With respect to the performance of this Agreement and as to claims against the County, its officers, agents, and employees, the City expressly waives its immunities under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to its employees and agrees that the obligation to indemnify, defend, and hold harmless provided for in this paragraph extends to any claim brought by or on behalf of any employee of the City. This waiver is mutually negotiated by the parties. In the event that any suit based upon such a claim, action, loss, cost, expense, or damage is brought against the County, the City shall defend the County at its sole cost and expense; provided, that the County retains the right to participate in any such suit if any principle of governmental or public law is involved. If final judgment is entered against the County, or its officers, agents, or employees, the City shall satisfy the same in full. (b) The County shall indemnify and hold harmless the City and its officers, agents, and employees, to the extent of the County’s negligence, from and against any and all damages of any nature whatsoever resulting from and against any and all damages of any nature whatsoever resulting from, arising out of or incident to any act or omission of the County, its officers, agents, or employees, in the performance of this Agreement or in confining persons who have been presented by the City to and accepted by the County for confinement in the jail while said persons are in the jail or in the custody of the County outside the jail. In the event any suit based upon such a claim, action, loss, cost, expense or damage is brought against the City, the County shall defend the City at its sole cost and expense; provided that the City retains the right to participate in such suit if any principle of governmental or public law is involved. If final judgment be rendered against the City or its officers, agents or employees the County shall satisfy the same in full. 15. NON-DISCRIMINATION POLICY Page 54 of 57 AGREEMENT FOR USE OF JAIL FACILITIES - 8 It is the policy of Franklin County that no person shall be subjected to discrimination by the County or by its contractors because of age, sex, marital status, sexual orientation, race, creed, color, national origin, honorably discharged veteran or military status, or the presence of any sensory, mental, or physical disability or the use of a trained guide dog or service animal by a person with a disability, or any other legally protected status. 16. AUTHORITY This Agreement is executed in accordance with the authority of RCW 70.48.090 and Chapter 39.34 RCW, the Interlocal Cooperation Act. The following information is given pursuant to the provisions of RCW 39.34.030: (a) The duration of this Agreement shall be four years. (b) The purpose of this Agreement is to permit the joint use of the Franklin County Corrections Center for confinement of prisoners of the parties to the Agreement thereby promoting maximum use and efficiency of the Franklin County Corrections Center. (c) Termination of this Agreement shall be as provided in Section 20 hereof. (d) This Agreement shall be administered as provided in Section 17 hereof. (e) Unless otherwise specifically agreed by the parties in writing, all property, personal and real, utilized by the parties hereto in the execution of this agreement shall remain the property of that party initially owning it. (f) Nothing in this Agreement shall preclude the City from maintaining and utilizing its own holding facilities or contracting with another jurisdiction. 17. ADMINISTRATION This Agreement shall be administered by the Franklin County Sheriff or Franklin County designee. 18. REMEDIES No waiver of any right under this Agreement shall be effective unless made in writing by the authorized representative of the party to be bound thereby. Failure to insist upon full performance on any occasion shall not constitute consent to or waiver of any continuation of nonperformance or any later nonperformance; nor Page 55 of 57 AGREEMENT FOR USE OF JAIL FACILITIES - 9 does payment of a billing or continued performance after notice of a deficiency in performance constitutes acquiescence thereto. 19. DURATION Upon its effective date, this agreement supersedes the prior Agreement for Use of Jail Facilities between the parties. This agreement shall be effective for four (4) years, from January 1, 2020 through December 31, 2023. It may be renewed for a period of one year by written mutual agreement, provided the parties provide one another with at least sixty (60) days advance written notice. 20. TERMINATION This agreement may be terminated prior to the end of its term by either party for cause upon not less than ninety (90) days advance written notice. Said notice shall set forth the basis for termination. Page 56 of 57 AGREEMENT FOR USE OF JAIL FACILITIES - 10 CITY OF PASCO, WASHINGTON BOARD OF COUNTY COMMISSIONERS Franklin County, Washington By:_______________________ ________________________________ Dave Zabell, City Manager Robert E. Koch, Chairman By:_______________________ ________________________________ Debra Barham, CMC Brad Peck, Chair Pro Tem City Clerk ________________________________ Clint Didier, Member APPROVED AS TO FORM: ATTEST BY: ___________________________ ________________________________ Kerr Ferguson Law, PLLC Clerk of the Board City Attorney APPROVED AS TO CONTENT: ________________________________ Jim Raymond Sheriff APPROVED AS TO FORM: By: ____________________________ Jennifer Johnson Deputy Prosecuting Attorney Page 57 of 57