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04 28 2015 Agenda PacketAGENDA YELM CITY COUNCIL MEETING TUESDAY, APRIL 28, 2015 6:00 P.M. Website Viewing: Clicking on agenda items will open associated documents including staff reports, resolutions, ordinances, etc. Note: some agenda items may not have attachments. 1. Call to Order 2. Roll Call 3. Agenda Approval ACTION 4. Special Presentations -none scheduled 5. Public Comment — Please complete a blue speaker's card and present it to the meeting recorder. Comment topics should not appear elsewhere on the agenda. Time (three minutes per speaker) and the number of speakers (five) are limited and may be adjusted to meet agenda requirements. 6. Consent Agenda ACTION a. Minutes; Regular Meeting April 14, 2015 b. Payables Checks # 7. Public Hearing- none scheduled 8. New Business- a. Interlocal Agreement between Yelm, Olympia and Lacey for ACTION 10 Implementing the Deschutes River Water Rights Mitigation Strategy - min Phase IV Presenter: Shelly Badger Attachments: Staff Report, Interlocal Agreement 9. Old Business — none scheduled 10. Council and Mayor Councilmember Foster represents Yelm on the following committees. • Thurston County Solid Waste • Nisqually River Council Advisory Committee (SWAC) • Yelm Finance Committee Councilmember Baker represents Yelm on the following committees. • Intercity Transit Board • Yelm Adult Community Center Councilmember Isom represents Yelm on the following committees. • Thurston Regional Planning Yelm Economic Development Council Committee (TRPC) • Yelm Finance Committee Councilmember Littlefield represents Yelm on the following committees. • Thurston County HOME Yelm Finance Committee Consortium Councilmember Wood represents Yelm on the following committees. • (TRPC) Transportation Policy • Yelm Transportation Committee Board • TComm 911 Admin Board Councilmember Garmann represents Yelm on the following committees. • Yelm Transportation Committee Thurston County Law and Justice Councilmember Hendrickson represents Yelm on the following committees. • Medic One Yelm Emergency Operations Board Mayor Harding represents Yelm on the following committees. • Thurston County Economic • Yelm Finance Committee Development Council • Yelm Emergency Operations Board • Yelm Transportation Committee • Thurston County Mayor's Forum Yelm Economic Development • (TRPC) Transportation Policy Committee Board 11. Executive Session- none scheduled 12. Correspondence (Correspondence is available upon request.) Thurston Regional Planning Council Pre - Agenda Friday, May 1, 2015 State of Washington House of Representatives letter dated April 16, 2015 Intercity Transit News Release, April 17, 2015 - Celebrate Earth Day by Driving Less AWC Legislative Bulletin, April 20, 2015 Senator Randi Becker's Capitol Bulletin, April 17, 2015 13. Adjourn Upcoming Meetings Council Study Session, Wednesday, April 29, 2015, 5:00 pm, Public Safety Building Regular City Council Meeting, Tuesday, May 12, 6:00 pm, Public Safety Building Regular City Council Meeting, Tuesday, May 26, 2015, 6:00 pm, Public Safety Building CITY OF YELM MEETING INFORMATION All regular Yelm City Council meetings are audio recorded. A $5.00 per CD (prepaid) fee is required. For information about obtaining a copy of the proceedings, please call 360.458.8402. Public comments are welcome. However, in order to proceed with scheduled agenda items the allowable time per speaker is limited to 3 minutes and the number of speakers limited to five. Comments during the public comment portion of the meeting should not be associated with measures or topics appearing elsewhere on the agenda and should not address topics for which public hearings have been conducted or are anticipated. It is the City of Yelm's policy to provide reasonable accommodations for people with disabilities. If you are a person with a disability and in need of reasonable accommodations to conduct business or participate in government processes or activities, please contact Janine Schnepf, at 360.458.8402 at least four (4) working days prior to the scheduled event. The City of Yelm is an equal opportunity provider and employer. The Preliminary Agenda and Approved Council Minutes are available at rr�aww. cii.ya� Ilir�rn.wa. ups 1 2 Agenda Item 6. a. Minutes Page 1 of 3 YELM CITY COUNCIL REGULAR MEETING TUESDAY, APRIL 14, 2015 MINUTES Mayor Harding called the meeting to order at 6:00 pm and invited Luann Hopkins to lead everyone in the Pledge of Alliance. Roll Call Present: JW Foster, Joe Baker, Bob Isom, Jennifer Littlefield, Tracey Wood, Ken Garmann and Russ Hendrickson. Agenda Approval 15 -029 MOTION BY RUSS HENDRICKSON APPROVING THE AGENDA AS PRESENTED. CARRIED. 4. Special Presentations - Intercity Transit Bus Buddy Program -Emily Bergkamp and Janina Robbins Emily Bergkamp, Dial a lift Manager for Intercity Transit (IT) stated that in 2013 IT formed a partnership with Catholic Community Services along with Washington State Department of Transportation to provide a safe, useful way to travel to doctor appointments, grocery stores and other places to individual with special needs or people that have reservations about riding public transportation. This program is called the Bus Buddy program of Thurston County. It is staffed solely by volunteers who provide one on one assistance with riding the bus, finding routes to accommodate their needs and is personalized to fit the needs of the individual riding the bus. The Bus Buddy program enhances mobility, increases independence, and gives more travel options free. The IT staff assesses your travel needs and matches you with a Bus Buddy volunteer who will provide free, on -going support. The volunteers receive training on how to help less experienced bus riders and have cleared a Washington State Patrol background check. Janina Robbins, Bus Buddy Coordinator for Catholic Community Services thanked the Mayor and Council for the opportunity to share the Bus Buddy program with them. Ms. Robbins is honored to be a part of this program. There are a lot of seniors, youths, people with disabilities and people on fixed incomes that need assistance traveling to appointments, shopping and other activities in their day to day lives. This program enhances the lives of those who use it. Ms. Robbins invited some of the volunteers to speak and explain what this program means to them. Midge Welter, Bus Buddy stated that she was able to convince one of her friends to ride the bus after 3 years. This friend had fears and concerns about riding public transportation but took the bus to Safeway recently. Next week Ms. Welter is looking forward to assisting someone who is wheelchair bound to ride public transportation. Ruth Arnold has been a Bus Buddy for about six months and really enjoys the program. Ms. Arnold has formed friendships with people that she assists through the program. Jeff Bond has been a Bus Buddy for over a year now and has a vast knowledge of the various routes on Intercity Transit. Mr. Bond is also the lead for marketing and promotions and spends a great amount of time at the Olympia Transit Center and has the most amount of hours in the Bus Buddy program for Thurston County. Ms. Robbins again thanked the Mayor and Council for the opportunity to share the program with them and invites anyone and everyone to explore the program and possibly become a Bus Buddy volunteer. Councilmember Littlefield thanked them for the presentation and their selfless service to the community. Councilmember Foster inquired about the number of individuals using the program and Councilmember Baker stated the Bus Buddy program is a great program for our Thurston County community. Ms. Robbins Page 1 of 3 Agenda Item 6. a. Minutes Page 2 of 3 stated the program is only in phase two of its conception and hopes to have more people utilizing the program in the future. There are currently 10 volunteers but that amount is increasing. Mayor Harding thanked Ms. Bergkamp, Ms. Robbins and the volunteers for attending the meeting and educating them on the program. Association of Washington Cities -Luann Hopkins, Chief Operating Officer /Interim CEO and Tonia Sugarman, Director of Education Luann Hopkins, Chief Operating Officer /Interim CEO explained that Association of Washington Cities (AWC) is a non - profit corporation that was formed in 1933, incorporated in 1999 and is a Municipal League that operates in every state except for Hawaii. There are 281 cities and towns and 181 associate members. The City of Yelm pays annual membership fees to AWC based on a tiered population formula. The membership provides access to member pooling programs such as Employee Benefit Trust (medical benefits), The Center for Quality Communities, Worker's Comp Retro and Risk Management Service Agency (RMSA). AWC's mission is to serve its members through advocacy, education and services. There are many committees looking for members to serve. Janine Schnepf, Yelm City Clerk served on the RMSA committee from 2007 -2013. There are scholarships that are available for training staff on various subjects through AWC. The 2015 AWC Annual Conference will be held in Wenatchee June 23 -26. It is comprehensive training and an opportunity to help city staff and elected officials stay informed. For 2015, the City of Yelm is a Well City Award recipient, which means a 2% discount on health premiums. Yelm was also a recipient in 2011 and 2012. Yelm has also received a refund of $7,000 on their Labor & Industries premiums through AWC. This year, the city will receive $2,000 in grant for sidewalk repairs and a sewer camera. Ms. Hopkins thanked Mayor Harding for his work testifying on various bills before the Senate and Councilmember Foster for inviting AWC to the council meeting to give a presentation. Tonia Sugarman, Director of Education showed Council some of the important information available on the AWC website and training opportunities. Ms. Sugarman stated that AWC offers a Certified Municipal Leadership Program that provides elected officials the training they need to effectively operate within the law, plan for the future, secure and manage funds and foster community and staff relationships. Most of the training opportunities are free or very low cost to the individual. Arbor Day Proclamation Mayor Harding read the proclamation aloud and invited everyone to attend the upcoming Arbor Day celebration at the Yelm City Park on Friday, April 24, 2015 at 11:00 am. Mayor Harding stated the celebration is always well attended and a fun event. 5. Public Comment - no comments 6. Consent Agenda Minutes - Regular Meeting March 24, 2015 & Study Session March 25, 2015 Payables - Checks #64392 - #64516 Totaling $653,546.94 YCP, Prairie Street Rod Association, August 1 & 2, 2015, All Day -Open to the Public 15 -030 MOTION BY TRACEY WOOD APPROVING THE CONSENT AGENDA AS PRESENTED. CARRIED. 7. Public Hearing -none scheduled Page 2 of 3 Agenda Item 6. a. Minutes Page 3 of 3 8. New Business - none scheduled 9. Old Business -none scheduled 10. Mayor and Council Initiatives Councilmember Foster attended the Thurston County Solid Waste Advisory Committee (SWAC) and reported that consultants from Green Solutions has been hired by Thurston County to assist the solid waste staff in reviewing and creating the new Solid Waste Plan. Councilmember Isom attended the Thurston Regional Planning Council meeting where they reviewed the new TRPC website and was updated on the legislature. Councilmember Isom invited everyone to go to the website and check it out. Councilmember Littlefield attended the Lacey City Council meeting and accepted a tree on behalf of the City of Yelm for Arbor Day. Lacey was the first City to get the Tree City designation 24 years ago. The City of Yelm has been a Tree City for 19 years. Councilmember Littlefield attended the Thurston County HOME Consortium meeting and reported the numbers from the Homeless Connect Event and the Homeless Census counts would go out for competitive bid. Councilmember Wood attended the TComm 911 Admin Board meeting and was updated on the scheduled Strategic Position Project and discussed the solar powered cell tower system located in the Bald Hills. Councilmember Wood attended the Intercity Transit Board meeting in Councilmember Baker's absence where they discussed Washington and Oregon States taking over the operations of the Amtrak's Cascade routes between Washington and Oregon. The Annual Planning Session has been scheduled for August. Councilmember Wood reported that the IT Attorney stated that discussing the Collective Bargaining Agreement should not be done in an Executive Session. Mayor Harding stated staff will look into the matter. Mayor Harding attended the Mayor's Forum hosted by the City of Olympia. It was well attended and there was discussion on regional issues such as a Criminal Justice Sales Tax, Plastic Bag Survey and the shared revenues House Bill 2136 regarding Marijuana. Mayor Harding also attended the Yelm Prairie Historical Society meeting and shared the history of Yelm. The Yelm Museum has been open for 6 or 7 years after renovation by volunteers. Mayor Harding stated there may be work on the Creek Street Sidewalk Project in the next week or so. The City of Yelm will be replacing approximately 120 -150 feet of sidewalk along Creek Street. Councilmember Wood asked when work on Mosman Ave Realignment Project would resume. Mayor Harding stated the paving should start the first or second week of May depending on the weather. 11. Executive Session - none scheduled 12. Correspondence included - Senator Randi Becker's Capitol Bulletin - March 27, 2015 Yelm Area Chamber of Commerce Chamber Chatter April 2015 Nisqually Estates HOA letter dated March 30, 2015 Thurston Economic Development Council Report of Activities 2015 Senator Becker's Capitol Bulletin - April 5, 2015 13. Adjourned at 7:09 pm. Attest: Ron Harding, Mayor Lori Mossman, Deputy City Clerk Page 3 of 3 To From Date Attach Mayor Ron Harding Yelm City Council Agenda Item 8. a. Interlocal Agreement Phase 4- Deschutes Page 1 of 11 City of Yelm STAFF REPORT Shelly Badger, City Administrator April 20, 2015 (for April 28th City Council Meeting) Interlocal Agreement (ILA) between the cities of Yelm, Olympia and Lacey for implementing the Deschutes River Water Rights Mitigation Strategy — Phase IV Recommendation To approve the Deschutes Water Rights Mitigation Strategy — Phase IV and authorize Mayor Harding to sign the Interlocal Agreement between the cities of Yelm, Olympia and Lacey. Background For several years, the cities of Yelm, Olympia and Lacey have worked together to develop collaborative mitigation strategies for the Deschutes River Basin associated with their applications for new water rights. These strategies include water rights acquisition, land acquisition and habitat restoration and are outlined in each cities' mitigation plans as approved by the Washington Department of Ecology. Three phases of the work have been completed through interlocal agreements approved in 2007, 2010 and 2012. Phase I identified potential water rights that could be acquired for mitigation purposes. Phase II authorized the purchase of water rights and land for mitigation purposes (the Deschutes River Farm), and the development of a restoration plan. Phase III, which expires on April 30, 2015, completed the 60% design for the habitat restoration projects identified in the cities' approved mitigation plans, hired property and project management services, and completed the construction of fencing. Current This ILA initiates Phase IV work on the Deschutes River Farm and includes: • contracting for project and property management, • vegetation maintenance, • engineering design to complete future restoration plans, and; • restoration permitting work. This Phase IV agreement authorizes the three Cities to spend $165,800. All costs will be shared equally between the three Cities, of which Yelm's one -third share will not exceed $55,267 (paid out of the Water Capital Improvement Fund 404). Future construction of the restoration projects will be initiated under a new Phase V Interlocal agreement between the Cities. Legal representatives from the cities of Yelm, Olympia and Lacey have reviewed and approved the Phase IV Interlocal Agreement. The Olympia City Council approved the ILA on April 14th and rd the Lacey City Council has scheduled action on April 23 Agenda Item 8. a. Interlocal Agreement Phase 4- Deschutes Page 2 of 11 Agenda Item 8. a. Interlocal Agreement Phase 4- Deschutes Page 3 of 11 When recorded return to: City of Olympia PO BOX 1967 Olympia, WA 98507 -1967 INTERLOCAL AGREEMENT BETWEEN THE CITIES OF OLYMPIA, LACEY AND YELM FOR IMPLEMENTING DESCHUTES WATER RIGHTS MITIGATION STRATEGY — PHASE IV Whereas, RCW 39.34.010 permits local governmental units to make the most efficient use of their powers by enabling them to cooperate with other localities on a basis of mutual advantage and thereby to provide services and facilities in a manner and pursuant to forms of governmental organization that will accord best with geographic, economic, population and other factors influencing the needs and development of local communities; and Whereas, pursuant to RCW 39.34.080, each party is authorized to contract with any one or more other public agencies to perform any governmental service, activity, or undertaking which each public agency entering into the contract is authorized by law to perform: provided, that such contract shall be authorized by the governing body of each party to the contract and shall set forth its purposes, powers, rights, objectives and responsibilities of the contracting parties; and Whereas, the Cities of Olympia and Lacey have received approval for water rights from the Department of Ecology and Yelm's application is approved, pending an appeal; and Whereas, in order to secure approvals of those water rights, the Cities have cooperatively developed a mitigation strategy for the Deschutes River that has been accepted by the Washington Department of Ecology; and Whereas, the mitigation strategy includes restoration of 200 acres of farmland jointly purchased by the cities in the Deschutes River watershed. Restoration projects will take place over several years and include: riparian planting along 1 mile of river frontage, stream channel and wetland restoration, and ongoing land management responsibilities; and Whereas, by Interlocal Agreement effective November 14, 2007, the Cities completed Phase I of a water rights acquisition strategy by identifying potential water rights for acquisition; and Agenda Item 8. a. Interlocal Agreement Phase 4- Deschutes Page 4 of 11 Whereas, by amended Interlocal Agreement effective January 19, 2010, the Cities completed Phase II of a water rights acquisition strategy for mitigation purposes by jointly acquiring water rights and property in the Deschutes River basin and developing a habitat restoration assessment for that property; and Whereas, through Interlocal Agreement effective August 23, 2012, the Cities completed Phase III of the Deschutes Mitigation Strategy by retiring water rights; fencing the Deschutes River property; developing a 60% design, project schedule and costs for habitat restoration projects identified in the cities' mitigation plans; and contracting for the services of a project manager to coordinate and lead this effort; and Whereas, the cities will continue implementation of the Deschutes Mitigation Strategy in Phase IV by completing the design and bid specifications for the habitat enhancement projects that were designed to 60% under Phase III, applying for and obtaining necessary project permits, and hiring consultants to help support this effort and to oversee ongoing property management. Authorization for construction of designed restoration projects will be accomplished through a separate agreement after design work is completed; and Whereas, the cities may be doing other restoration work on the Deschutes River Farm property not related to this Interlocal Agreement, but through a Memorandum of Understanding (MOU) with the Squaxin Island Tribe signed November 29, 2011. In this MOU the cities have agreed to form the Budd /Deschutes Watershed Environmental Stewardship Coalition and provide additional funding for habitat restoration activities; and NOW, THEREFORE, in consideration of the mutual promises contained herein, the Cities of Lacey, Olympia and Yelm (Cities) agree as follows: L Purpose /Objective The Cities have each developed mitigation plans to offset potential surface water impacts to the Deschutes River from groundwater withdrawals from the McAllister and Yelm sub - basins of the Nisqually River watershed and the Hawks Prairie area of WRIA 13. Within each of these plans, the cities submitted a joint mitigation plan for the Deschutes River Basin to the Washington Department of Ecology (WDOE). The WDOE has issued the Cities of Olympia (CS2- SWC8030, CS2 - 01105, CS2- SWP10191) and Lacey (ROEs G2- 29165, G2- 29304, G2- 30250, G2- 30251, G2- 30248, G2- 30249) water rights, and has issued the City of Yelm's water rights pending an appeal (ROE G2- 29085). The purpose of this Agreement is to allow the Cities to continue with implementation of projects identified in their mitigation plans and meet conditions of final water rights approval by WDOE. Agenda Item 8. a. Interlocal Agreement Phase 4- Deschutes Page 5 of 11 IL Scope of Amement/Work This Agreement provides authority for the City Managers or Mayor of each Party to enter into the necessary agreements to accomplish all tasks necessary for completion of Phase N work. Specific Phase N work to be accomplished under this agreement include contracting for project and property management, riparian area maintenance, engineering design and services, and permitting work. Future implementation work will be accomplished through a separate agreement after design work is completed. This agreement also allows the cities to coordinate on decision - making related to contract management, consultant communication and dissemination of project information to appropriate staff within their own jurisdiction. The Cities agree to jointly engage the services of one or more consultants, organizations, or agencies to assist the Cities in services related to implementation of the Deschutes Mitigation strategy submitted to the WDOE. The Cities will jointly enter into a professional services agreement with one or more consultants, organizations, or agencies agreed upon by the parties for Phase N development and implementation, including riparian monitoring and maintenance, habitat enhancement design, project management, permitting assistance, property management activities, and legal analysis and review services as needed. The Cities will jointly direct the work of the consultant, organization, or agency through a consensus -based decision making process. Consultants will be chosen through the standard selection process for professional services as required by the laws of the State of Washington and the Cities will jointly develop and issue the Request for Qualifications (RFQ), including the general scope and nature of the project or work, when required by law for consulting work and will make a unified recommendation for selection of the firm. The consultant selection process shall include one or more project managers or engineers familiar with the municipal public work construction process. In addition to other criteria, consultants shall be evaluated on: 1) their ability to produce a complete, final bid -able set of project specifications; and 2) their ability to provide municipal construction support which may include but not be limited to bid award support, inspections, documentation, project management, and submittal review. Once the consultants are selected, the Cities shall coordinate with the consultants to develop any final Scope of Work and Professional Services Agreements amenable to each Party. In recognition that one City would need to approve change orders, make payments, and keep track of insurance, bond and other legal requirements, the consultant that is hired would be instructed to use Olympia's project specifications with the Olympia City Agenda Item 8. a. Interlocal Agreement Phase 4- Deschutes Page 6 of 11 Engineer or designee as the approver of change orders, pay estimates and related construction decisions. This agreement also allows the cities to coordinate on decision - making related to contract management, consultant communication and dissemination of project information to appropriate staff within their own jurisdiction. The cities may also jointly hire legal counsel on issues related to acquisition of water rights, property management and habitat enhancement for the purpose of mitigation and other related topics. Legal advice provided to the cities jointly shall be considered attorney client privileged not subject to disclosure. III. Implementation Activity Cost Sharing The Cities will equally contribute to all implementation activities under this Agreement. IV. Consultant Cost Sharing The Cities will equally divide costs for consultant services. Total costs for such services under this agreement are not to exceed $165,800.00. Costs for future Phase V work will be determined as a result of the design work conducted in this Agreement. V. Method of Payment a. Consultants will invoice each City separately on a monthly basis. b. Payment will be made separately by each City to the consultants upon receipt of an acceptable invoice, after completion of each task agreed upon in the professional services agreement. VI. Indemnification & Insurance Each City agrees to defend, indemnify and hold the other cities, their officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including reasonable attorney fees, arising out of or in connection with the indemnifying City's performance of this Agreement, including injuries and damages caused by the negligence of the indemnifying City's officers, officials and employees. Agenda Item 8. a. Interlocal Agreement Phase 4- Deschutes Page 7 of 11 VII. No Separate Legal Entity Created This Agreement creates no separate legal entity. VIII. Duration of Agreement This Agreement shall be effective on the date of the last signature affixed hereto and shall terminate upon completion of the tasks necessary to accomplish the purpose of the agreement, unless sooner terminated by the Cities as provided herein. IX. Dispute Resolution a. Step One — Negotiation. In the event of a dispute concerning any matter pertaining to this Agreement, the Parties involved shall attempt to address their differences by informal negotiation. The Party perceiving a dispute or disagreement persisting after informal attempts at resolution shall notify the other Parties in writing of the general nature of the issues. The letter shall be identified as a formal request for negotiation and shall propose a date for representatives of the Parties to meet. The other Parties shall respond in writing within ten (10) business days. The response shall succinctly and directly set out that Party's view of the issues or state that there is no disagreement. The Parties shall accept the date to meet or shall propose an alternate meeting date not more than ten (10) business days later than the date proposed by the Party initiating dispute resolution. The representatives of the Parties shall meet in an effort to resolve the dispute. If a resolution is reached the resolution shall be memorialized in a memorandum signed by all Parties which shall become an addendum to this Agreement. Each Party will bear the cost of its own attorneys, consultants, and other Step One expenses. Negotiation under this provision shall not exceed 90 days. If a resolution is not reached within 90 days, the Parties shall proceed to mediation. b. Step Two — Mediation. If the dispute has not been resolved by negotiation within ninety (90) days of the initial letter proposing negotiation, any Party may demand mediation. The mediator shall be chosen by agreement. Each Party will bear the cost of its own attorneys, consultants, and other Step Two expenses. The parties to the mediation will share the cost of the mediator. A successful mediation shall result in a memorandum agreement which shall become an addendum to this Agreement. Mediation under this provision shall not exceed 90 days. If the mediation is not successful within 90 days, the Parties may proceed to litigation. c. Step Three — Litigation. Unless otherwise agreed by the Parties in writing, Step One and Step Two must be exhausted as a condition precedent to filing of any legal action. Agenda Item 8. a. Interlocal Agreement Phase 4- Deschutes Page 8 of 11 A Party may initiate an action without exhausting Steps One or Two if the statute of limitations is about to expire and the Parties cannot reach a tolling agreement, or if either Party determines the public health, safety, or welfare is threatened. X. Termination of Agreement This Agreement may be terminated upon mutual agreement of the Cities. XI. Interpretation and Venue This Agreement shall be governed by the laws of the State of Washington as to interpretation and performance. The parties hereby agree that venue for enforcement of any provisions shall be the Superior Court of Thurston County. XIL Entire Agreement This Agreement sets forth all terms and conditions agreed upon by the Cities and supersedes any and all prior agreements oral or otherwise with respect to the specific subject matter addressed herein. XIIL Recording Prior to its entry into force, this Agreement shall be filed with the Thurston County Auditor's Office or posted upon the Cities' websites as provided by RCW 39.34.040. XIV. Counterparts This Agreement may be executed in counterparts, and all such counterparts once so executed shall together be deemed to constitute one final agreement, as if one document had been signed by all Parties, and each such counterpart, upon execution and delivery, shall be deemed a complete original, binding on the parties. A faxed or email copy of an original signature shall be deemed to have the same force and effect as the original signature. XV. Notice Any notice required under this Agreement shall be to the party at the address listed below and shall become effective three days following the date of deposit with the United States Postal Service. Agenda Item 8. a. Interlocal Agreement Phase 4- Deschutes Page 9 of 11 CITY OF OLYMPIA: Attn: Laura Keehan, Senior Planner Re: Water Rights Mitigation /Deschutes Basin PO Box 1967 Olympia, WA 98507 -1967 CITY OF LACEY: Attn: Peter Brooks, Water Resource Manager Re: Water Rights Mitigation /Deschutes Basin 420 College St SE Lacey, WA 98503 CITY OF YELM: Attn: Shelly Badger, City Administrator Re: Water Rights Mitigation /Deschutes Basin 105 Yelm Ave. W Yelm, WA 98597 This Agreement is hereby entered into between the Cities and shall take effect on the date of the last authorizing signature affixed hereto: CITY OF OLYMPIA Stephen H. Buxbaum, Mayor Date: Approved as to form: Darren Nienaber, Deputy City Attorney Agenda Item 8. a. Interlocal Agreement Phase 4- Deschutes Page 10 of 11 CITY OF YELM Ron Harding, Mayor Date: Approved as to form: P. Stephen DiJulio, Attorney Agenda Item 8. a. Interlocal Agreement Phase 4- Deschutes Page 11 of 11 CITY OF LACEY Scott Spence, City Manager Date: Approved as to form: David Schneider, City Attorney Anenda Item 19 Cnrresnnndence I ui 1 11111 ! �m e r e e e PRE - AGENDA Friday, May 1, 2015 8:30 a.m. — 11:00 a.m. The TRPC pre- agenda provides our members the opportunity to review the topics of the upcoming TRPC meeting. This information is forwarded in advance to afford your councils and boards the opportunity for discussion at your regular meetings. This will provide your designated representative with information that can be used for their participation in the Regional Council meeting. For more information, please visit our website at a� ww.tr2c.orq. Consent Calendar ACTION These items were presented at the previous meeting. They are action items and will remain on consent unless pulled for further discussion. a. Approval of Minutes —April 3, 2015 b. Approval of Vouchers c. Approval of RTIP Amendment 15 -05 CY 2015 Call For Projects — Candidate Proposals 1ST REVIEW Through its CY 2015 Call for Projects, TRPC will award $2.3 million in federal transportation funds to priority regional projects. The Call for Projects generated eleven proposals, of which ten are going forward for further consideration. Proposals were reviewed for their technical feasibility and compliance with federal and regional requirements on April 16th and are available for public review and comment through May 4th. On May 13th the Transportation Policy Board will review each proposal and forward to TRPC its funding recommendation for consideration and action by the Council on June 5th. This meeting on May 1 st is an opportunity for TRPC to preview the proposals working their way through the regional process. 2015 Legislative Session UPDATE / DISCUSSION Staff will provide an overview of the 2015 Regular Session which adjourned on April 26, 2015. TRPC Retreat Subcommittee Report DISCUSSION The 2015 TRPC Retreat Subcommittee met to begin to put shape to the Council retreat agenda. The retreat will be held on July 10th at the Thurston County Emergency Operations Center on Tilley Road. Subcommittee members and staff will give a brief update on the progress. RTIP Amendment 15 -06 1St REVIEW WSDOT proposes amending 3 new projects into the RTIP and STIP for US 12 safety improvements, region -wide intersection safety improvements, and I -5 culvert repair. Amending new projects requires TRPC action. TRPC action expected in June. CY 2015 Administrative Amendment to the RTP 1ST REVIEW To maintain compliance with federal transportation requirements concerning air quality conformity, the existing Regional Transportation Plan requires an administrative amendment. This amendment will extend the planning horizon one year — to 2036 — and include an updated finding of air quality conformity by state and federal agencies. This amendment and finding will ensure the region has time to complete the thoughtful, comprehensive update of this plan that is currently underway without a lapse in compliance. TRPC will be asked to take action on this amendment on June 5th Request for Funding Award Update — Tumwater's "Historical Park Trail Connection" 1ST REVIEW In 2014, TRPC awarded $206,346 in federal Transportation Alternatives Program (TAP) funds to Tumwater for design and construction of the "Historical Park Trail Connection." During the Transportation Policy Board review and recommendation of this project, the City was asked to reconsider its original design to add a parallel soft - surfaced trail for runners. The City was invited to petition the Council for further funding if costs increased as a result of this design change; the region had $27,600 in unallocated TAP funds remaining from that CY 2014 process. Tumwater has completed design of the enhanced trail project and requests an additional $23,355 in FFY 2015 TAP funds to construct the project with dual trail surfaces. TRPC will take action on this request on June 5th News Release For Immediate Release: April 17, 2015 Celebrate Earth Day by Driving Less A Significant Way to be Planet Friendly is to Bus, Bike, Walk, and Share the Ride Olympia /Thurston County, WA — As Earth Day approaches (April 22), people consider ways to protect our planet. Turns out, one of the most effective ways to reduce energy use, pollution, and greenhouse gas emissions is to drive less Use of public transportation makes a significant impact on the region's carbon footprint. In fact, in Washington State, 52 percent of CO2 emissions from fossil fuels come from transportation, including automobile traffic, freight, and planes. The state's transportation sector produces more than three times as much climate pollution as electricity production, according to Seattle -based Sightline Institute. According to the American Public Transportation Association (APTA), driving less makes an immediate and positive impact on reducing energy use and carbon output - exceeding even the combined benefits of using energy- efficient light bulbs, adjusting thermostats, weatherizing one's home and replacing a refrigerator. "Using a transportation alternative and driving less is the single most significant way people can reduce their carbon footprint," states Ann Freeman - Manzanares, Intercity Transit General Manager. "Earth Day is the perfect time to explore green transportation options." For information on transportation options, visit www.intercit I e -mail custom erservice intercitytransit.com, or call 360- 786 -1881 or 1- 800 - 287 -6348. Contact: Donna Feliciano, 360.705.5891 www.intercitytransit.