Vancouver City Council Minutes August 3, 2015

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CITY OF VANCOUVER WASHINGTON Vancouver City Hall Council Chambers 415 W. 6 th Street PO Box 1995 Vancouver, Washington 98668-1995 www.cityofvancouver.us Timothy D. Leavitt, Mayor Larry J.

1 CITY OF VANCOUVER WASHINGTON Vancouver City Hall Council Chambers 415 W. 6 th Street PO Box 1995 Vancouver, Washington Timothy D. Leavitt, Mayor Larry J. Smith Jack Burkman Bart Hansen Bill Turlay Anne McEnerny-Ogle Alishia Topper Vancouver City Council Minutes WORKSHOPS (City Council Chambers) 4:00 5:15 p.m. AFFORDABLE HOUSING TASK FORCE: RENTER PROTECTIONS Council met with Peggy Sheehan, Community Development Programs Manager, and Danell Norby, CDBG Coordinator. Staff provided Council with an overview of a series of recommendations from the Affordable Housing Task Force related to renter protections, including source of income protection, notice of rent increase, and notice to vacate. Council provided staff with feedback in order to craft ordinances related to these recommendations for future consideration and action. (Peggy Sheehan, ; Danell Norby, ) 5:15 5:30 p.m. EXTENSION OF CRUDE OIL MORATORIUM Council met with Brent Boger, Assistant City Attorney, and Jon Wagner, Senior Planner. Staff provided Council with a review of the current moratorium in place related to crude oil handling facilities in the city limits and the proposed work plan for amendments to City code to address these facilities. Staff recommended Council extend the moratorium, as much of the work plan is dependent on information coming from the Energy Facility Site Evaluation Council. (Brent Boger, ; Jon Wagner, ) COUNCIL CONSENT MEETING (City Council Chambers) PLEDGE OF ALLEGIANCE CALL TO ORDER AND ROLL CALL The regular meeting of the Vancouver City Council was called to order at 7 p.m. by Mayor Timothy Leavitt in the Council Chambers of City Hall, 415 W. 6th Street, Vancouver, Washington.

2 Page 2 of 8 Present: Absent: Councilmembers Topper, McEnerny Ogle, Turlay, Hansen, Burkman, Smith, Mayor Leavitt None APPROVAL OF MINUTES: JULY 20, 2015 Motion by Councilmember Smith, seconded by Councilmember Topper, and carried unanimously to approve the minutes of July 20, APPROVAL OF MINUTES: JULY 27, 2015 Motion by Councilmember Smith, seconded by Councilmember Topper, and carried unanimously to approve the minutes of July 27, CITIZEN COMMUNICATION (ITEMS 1 5) Mayor Leavitt opened Citizen Communication and, receiving no testimony, closed Citizen Communication. CONSENT AGENDA (ITEMS 1 5) Motion by Councilmember McEnerny Ogle, seconded by Councilmember Smith, and carried unanimously to approve the Consent Agenda. 1. PROFESSIONAL SERVICES AGREEMENT FOR ON CALL DESIGN AND ENGINEERING SERVICES (Staff Report ) The City has approximately $3.7 million budgeted, in the current biennium, for several dozen facilities maintenance and capital improvement projects. These projects include but are not limited to the evaluating of needs and providing recommendations for: flooring replacements; electrical services; lighting upgrades; backup power generation; mechanical systems; replacement mechanical equipment/systems; building envelope maintenance and repair; interior/exterior maintenance and repair; painting; parking lot evaluation and design; roofing replacements; septic system upgrade/repairs; door hardware upgrades; and ADA upgrades. Significant time and effort is spent on every project by City staff in order to obtain professional design and engineering services. Obtaining these services historically takes between two weeks and two months. In order to utilize time and money more effectively, staff issued RFQ for On Call Design & Engineering Services. The solicitation yielded ten (10) firms for on call design and engineering services. The firms of LSW Architects, PC and Eric Lanciault, Architect were selected by the evaluation committee, as they are the

3 Page 3 of 8 highest scored respondents. Having two firms will provide the best value and flexibility when issuing task orders. Task orders will be issued to encumber funds as individual projects are started with the total value of the PSA not to exceed $750,000 for the life of the contract. These agreements will be issued for duration of for three years. An extension of up to two additional years may be requested and renegotiated at the sole discretion of the City. Motion authorized the City Manager or his designee to execute Professional Services Agreements, contract extension, and subsequent amendments to the Agreement with LSW Architects, PC of Vancouver and Eric Lanicault, Architect of Vancouver, where professional services will be provided on an as needed basis for an initial period of three years with an extension of up to two additional years that may be requested and renegotiated at the sole discretion of the City. The total value of each contract will not exceed $750,000 for the 5 year life of the contract. (Jon Sears, Capital Project Manager, ) 2. INTERLOCAL AGREEMENT WITH C TRAN TO FACILITATE RIGHT OF WAY ACQUISITION AND TRANSFER, PERMITTING AND OPERATIONS ASSOCIATED WITH THE BRT PROJECT (Staff Report ) C TRAN is currently developing a BRT project that will provide a rapid transit connection between Downtown Vancouver and Westfield Mall. The BRT route will run along various City streets including Vancouver Mall Loop Driver, Thurston Way, Fourth Plain Blvd., Ft. Vancouver Way, McLoughlin Blvd., Washington Street and Broadway Street. A series of BRT stations consisting of elevated platforms, shelters, pay stations and information kiosks will be located along the BRT route. Each BRT station will be located within the City street right of way. C TRAN is acquiring additional property along the BRT route such that each BRT station can be located entirely within the right of way and not adversely impact existing transportation infrastructure including streets, sidewalks and lighting. C TRAN is responsible for all costs associated with the acquisition of property for the BRT project and will convey the acquired property to the City as dedicated right of way. Pursuant to VMC 11.60, use of the City s street right of way by entities other than the City requires issuance of a ROW (Street) Use Permit. The City plans to issue Type D Long Term Right of way Use permits for the construction and operation of the BRT facilities that are located within the City right ofway. C TRAN will be responsible for all operations, maintenance and liability for the BRT facilities located within the right of way. The Interlocal Agreement represents the terms and conditions under which the City and C TRAN will collaborate to develop and implement the BRT system. C TRAN currently anticipates initiating construction of the BRT project in the Fall of Motion approved the Interlocal Agreement and authorize the City Manager to execute said Agreement on behalf of the City. (Ryan Lopossa, Senior Civil Engineer, )

4 Page 4 of 8 3. CONVEYANCE OF OWNERSHIP OF PROPERTY REMNANTS IN THE WEST BARRACKS (Staff Report ) A RESOLUTION of the City Council of the City of Vancouver, accepting the transfer of two remnant parcels in the West Barracks from the United States Army and authorizing the City Manager to execute certain documents for completion of the transfer. On October 30, 2000, P.L authorized the Secretary of the Army to convey the acres of Vancouver Barracks, known as the West Barracks to the City without reimbursement. On September 10, 2007, the City Council adopted a resolution accepting the transfer of ownership of the West Barracks. In 2014, the U.S. Army discovered that two small parcels, totaling 0.41 acres, were inadvertently left out of the property that was conveyed to the City. Both of these remnant parcels are completely surrounded by City owned West Barracks property and the Army, who no longer has any property ownership at Vancouver Barracks, would like to transfer ownership to the City. Motion adopted Resolution M 3867 accepting the transfer of two remnant portions of the West Barracks from the United States Army and authorize the City Manager or his designee to execute documents to complete the transfer. (Jan Bader, Program and Policy Development Manager, ) 4. PUBLIC HEALTH ADVISORY COUNCIL REAPPOINTMENT Motion reappointed Joan Caley to the Public Health Advisory Council for a full term expiring Sept. 30, APPROVAL OF CLAIM VOUCHERS FOR AUGUST 3, 2015 Motion approved claim vouchers for, in the amount of $6,087, PUBLIC HEARINGS (ITEMS 6 8) 6. CHERRY STREET RIGHT OF WAY VACATION (Staff Report ) Ryan Lopossa, Senior Civil Engineer, provided staff comments. A RESOLUTION fixing, as the date for a public hearing on a proposal to vacate a portion of an unimproved public street right of way associated with NW Cherry Street located within the Southeast Quarter of the Southeast Quarter of Section 16, Township 2 North, Range 1 East, Willamette Meridian, City of Vancouver, Clark County, Washington and within the School Lands Plat. The City s Public Works Department is requesting to vacate a portion of an unimproved public street right of way associated with NW Cherry Street. The right of way is specifically located within the

5 Page 5 of 8 Southeast Quarter of the Southeast Quarter of Section 16, Township 2 North, Range 1 East, Willamette Meridian and within the School Lands Plat. The right of way was acquired by the City by way of a 1982 street dedication. However, pubic street improvements were never constructed within the subject right of way. Instead, the right of way has been historically used to provide driveway access to adjoining residential properties. Staff has contacted all utility owners with facilities located within the subject area. Clark Public Utilities and CenturyLink have electrical and telephone services lines passing through a portion of the subject right of way area. In addition, the right of way also provides access to parcels No and Therefore, the City will retain a non exclusive public access and utility easement under and over the vacated area for the construction, repair and maintenance of all public utilities and for access to the two aforementioned parcels. Pursuant to VMC , the property associated with a vacated street shall belong to the abutting property owners, one half to each. RCW and VMC stipulate provisions for the City to collect compensation for the value of public right of way that is vacated. The City is currently considering the surplus of City owned property located immediately adjacent to the subject right of way and has obtained an appraisal, which was completed by Colliers International in March Pursuant to the findings of the appraisal, the value of the property associated with the subject right of way is equal to approximately $0.60 per square foot. The total area of the proposed vacation is 60,517 square feet. This results in a total estimated property value equal to $36,310. Pursuant to VMC D, the City Council may pass an ordinance without requiring the abutting property owners to pay for such vacation where: 1. The subject property was not acquired at City expense, 2. The City determines that the subject property is not needed for public travel either now or in the foreseeable future, and 3. The City s maintenance or upkeep of the subject property is unrelated to its use for public travel. The subject right of way was acquired by the City pursuant to a 1982 Street Dedication. There is no indication that the City expended funds for the acquisition of the right of way nor is there any record of the City having made any improvements to the right of way. Staff has reviewed the City s Transportation Systems Plan and cannot envision any future use for this right of way. In addition, vacation of the subject right of way permanently solidifies access to several properties that were previously accessed by way of the Old Wheaton Road right of way, which was vacated in 1977 (City Council Ordinance No. M 1788). Based on the foregoing, Staff recommends that no compensation be required for the subject right ofway. Mr. Lopossa provided an overview of the proposed right of way vacation.

6 Page 6 of 8 Mayor Leavitt opened the public hearing and, receiving no testimony, closed the public hearing. Motion by Councilmember McEnerny Ogle, seconded by Councilmember Smith, and carried unanimously approved Ordinance M (Ryan Lopossa, Senior Civil Engineer, ) 7. ADOPTION OF ORDINANCE REGULATING ACCEPTANCE OF DONATIONS TO THE CITY (Staff Report ) Jan Bader, Program and Policy Development Manager, provided staff comments. AN ORDINANCE relating to donations of both money and property to the City of Vancouver, adding a new Chapter 3.26 to the Vancouver Municipal Code; providing for severability and an effective date. RCW requires donations of cash, personal or real property to municipalities be accepted by ordinance. Cities may accept each donation via separate ordinance or may adopt a general ordinance to establish a procedure and means for accepting and accounting for donations. The City is proposing to adopt a general ordinance and has developed a policy and process for accepting donations. Ms. Bader provided an overview of the proposed policy. Mayor Leavitt opened the public hearing and, receiving no testimony, closed the public hearing. Motion by Councilmember Topper, seconded by Councilmember Smith, and carried unanimously approved Ordinance M (Jan Bader, Program and Policy Development Manager, ) 8. VANCOUVER WATERFRONT DEVELOPMENT AGREEMENT AMENDMENT (Staff Report ) Chad Eiken, Community and Economic Development Director, provided staff comments. AN ORDINANCE approving the Second Amendment to the Downtown Waterfront Agreement and authorizing the City Manager to execute the same. City and Columbia Waterfront entered into a Development Agreement for the Waterfront Project on October 19, 2009, which described the scope of improvements and development, and the roles and responsibilities of both parties. This agreement was amended on June 6, 2011 to adjust the timing of an annual developer contribution to the access project because of delays to that project. In 2013, the City received a state grant for construction of Columbia Way through the site which is almost complete. Now, as the economy has recovered, the developer is in the design process for remaining streets, utilities and the first phase of buildings, and the City is finalizing construction plans for the 7 acre public waterfront park. As more detailed plans have been prepared, both parties recognize that additional changes to the development agreement are needed in order to: 1) facilitate vertical construction, 2) formalize developer

7 Page 7 of 8 commitments regarding financial contributions to the park construction, and 3) clarify and adjust design standards as needed. Mr. Eiken provided an overview of the proposed amendments to the development agreement. Mayor Leavitt opened the public hearing and received the following testimony: Barry Cain, President of Gramor Development, stated that the goal of the project is to build a preeminent development for the region. He stated the buildingas and the park will be as nice as they always were planned to be, and the park would be unlike anything else in the Northwest. He stated he appreciated the continued partnership with the City. Councilmember Turlay noted the 70/30 percent split of the cost for the maintenance of the park, and asked where the funds for the 30 percent would be coming from. Mr. Gramor explained that an owners association would be established, and part of the fees included in the titles would be dedicated to the park maintenance. Councilmember Burkman stated that this is a fair agreement, and noted that a group of local experts, the City Center Redevelopment Authority (CCRA), has evaluated and discussed the proposed amendment and unanimously agreed Council should approve it. Councilmember Smith congratulated City staff and Gramor for negotiating the amendments and he noted the project is going to have a tremendous impact on the community. Councilmember McEnerny Ogle stated she hoped a good number of trees and bushes would be included in the landscaping plans for the park to be consistent with the other parks in the city. Mayor Leavitt stated this amendment is an important part of the evolution of the City s relationship with the developer and noted that it is not the end of the City s involvement with the project. Shaun Williams, Vancouver, expressed concerns that criminal activity would become prevalent along the waterfront, as has happened in Portland, and it would not be addressed or enforced appropriately. He stated he did not want to see people camping in the park. Mayor Leavitt explained that City ordinances do not allow camping in public parks. There being no further testimony, Mayor Leavitt closed the public hearing. Motion by Councilmember McEnerny Ogle, seconded by Councilmember Smith, and carried unanimously to approve Ordinance M 4190 approving amendments to the development agreement. (Chad Eiken, Community and Economic Development Director, )

8 Page 8 of 8 COMMUNICATIONS A. From the Council B. From the Mayor C. From the City Manager a. Youth Access Pass Update ADJOURNMENT 8:01 P.M. Timothy D. Leavitt, Mayor Attest: R. Lloyd Tyler, City Clerk By: Carrie Lewellen, Deputy City Clerk Meetings of the Vancouver City Council are electronically recorded on audio and videotapes. The audio tapes are kept on file in the office of the City Clerk for a period of six years.. To request other formats, please contact: City Manager s Office (360) WA Relay: 711 Amanda.Delapena@cityofvancouver.us

STAFF REPORT NO

#2 STAFF REPORT NO. 046-16 TO: Mayor and City Council DATE: 4/11/2016 FROM: Dave Mercier, Deputy City Manager Subject: A resolution declaring the existence of an emergency with regards to very low-income