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HomeMy WebLinkAbout04/21/2009 09 Yakima Urban Area Joint Board Report • BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. q For Meeting of April 21, 2009 ITEM TITLE: R port and Recommendations on Yakima Urban Area Joint Board SUBMITTED B : it 'am R. Cook, Director of Community and Economic Development CONTACT PERSON /TELEPHONE: Joan Davenport, Planning Manager (576 -6417) SUMMARY EXPLANATION: The Council's Intergovernmental Relations Committee, with Commissioner Leita attending, met on April 6, 2009, to discuss the Commissioner's recommendations that the City and County reinstate the Yakima Urban Area Joint Board. The Yakima Urban Area Joint Board was established in 1977 under the Yakima Urban Area Regional Planning Agreement, but has been inactive since 2002. Attached is a report with a set of four recommendations for your consideration. There is a great need for coordination and cooperation between the City of Yakima and Yakima County especially as it relates to growth and planning within the Yakima Urban Area. Does the form for such intergovernmental planning need to be the Joint Board as originally envisioned in 1977? Probably not. The existing Intergovernmental Relations Committee structure as a starting point is an excellent suggestion. More importantly, however, is a commitment by all parties to follow through to resolve our differences and anticipate and plan for future growth as was agreed to in the attached January 2006 Memorandum of Understanding. Resolution Ordinance Other (Specify) Agreement Mail to (name and address): Funding Source APPROVED FOR SUBMITTAL: 4111 Cit ,li STAFF RECOMMENDATION: • BOARD /COMMISSION /COMMITTEE RECOMMENDATION: COUNCIL ACTION: ® REPORT TO THE YAKIMA CITY COUNCIL TO: Mayor and Members of the City Council FROM: Bill Cook, Director of Community and Economic Development Joan Davenport, Planning Manager DATE: City Council Meeting Report for April 21, 2009 SUBJECT: Report and Recommendation on Yakima Urban Area Joint Board The Intergovernmental Committee referred to the full City Council consideration of the recommendation to re -form the Yakima Urban Area Joint Board in order to direct and review the work program of the Regional Planning Commission. The recommendation to reinstate the Joint Board process was recommended by the County Commissioners and has been discussed at several meetings of the Intergovernmental Committee. Report Summary: 1. The need for coordination and cooperation exists between the City of Yakima and Yakima County within the Yakima Urban Area. The need is becoming more critical over time. 41) 2. The Intergovernmental Committee is a logical resource and may be the best vehicle for coordination between the elected representatives of the City and County. The original plan as laid out in the 1977 Yakima Urban Area Regional Planning Agreement that created the Joint Board may or may not be the best solution for today's needs. 3. The Regional Planning Commission (RPC), also envisioned by the 1977 Agreement, plays an important role in the long range planning of the Urban Area by encouraging public participation, overseeing an impartial community -based review of options and providing technical recommendations to the governing bodies. The Joint Board and RPC, as Created in 1977 The purpose of the Joint Board, as described in the 1977 Agreement, was essentially a committee of the three legislative jurisdictions involved in the sewer service agreement. Terrace Heights Sewer District was signatory to the agreement but has no legislative authority and Union Gap opted to not participate in the Urban Area Comprehensive Plan or other common legislation. The functions of the Joint Board were identified as: 1. Serve as an intergovernmental liaison body for matters of mutual interest concerning the planning and development of the Yakima Urban Area; 2. Generally direct the areas of study and other functions of the Commission; 3. Review recommendations made to it by the Commission and comment on such recommendations as they are submitted to the legislative bodies; • 4. Prepare and submit to the legislative bodies a proposed annual budget for financing the operations of the Commission and the Joint Board... Council Report — Joint Board Update Page 1 of 3 The tasks of the RPC identified in the 1997 Agreement included the development of Urban p an U ban Area Comprehensive Plan, a zoning ordinance, subdivision ordinance, and a growth policy. After such legislation was drafted, the RPC was directed to forward the recommendations to the Joint Board. Once these tasks were complete, the City Planning Commission was to be dissolved and the Yakima County Planning Commission was to be divested of any jurisdiction within the Yakima Urban Area. The RPC was to have all authority, jurisdiction and functions for long range planning previously held, exercised and performed by the separate planning commissions in the Urban Area.' The Regional Planning Commission was subsequently embodied in the 1986 Urban Area Zoning Ordinance, as well as described in Section 2.18 of the Yakima County Code and Chapter 1.42 of the Yakima Municipal Code. After adoption of YMC 16.10 in 2003 all reference to a Joint Board process was removed from the description of the public participation process. Today, combined hearings of the City Council and the County Commission are utilized to review annual amendments to the Comprehensive Plan and amendments to the Yakima Urban Area Zoning Ordinance. The Need for Continued Coordination and Cooperation Elected representatives of both the City of Yakima and Yakima County have expressed a continued desire to work together on common land use policies, ordinances, and capital facility planning within the Yakima Urban Area. A number of significant policy items have been identified that need to be jointly developed including: the West Valley Neighborhood Plan, common street and development standards, the Airport Safety Overlay District as well as a number of differences within the Yakima Urban Area Zoning Ordinance. Intergovernmental Committee Process Since 2006 three members of the Yakima City Council and one County Commissioner have been meeting on a monthly basis to discuss various topics. This committee may provide a logical forum to guide discussion of certain items to be referred to the Regional Planning Commission. Union Gap has not participated in the Intergovernmental Committee meetings. If the Intergovernmental Committee is desired to formally replace the 1977 Joint Board process, an Inter -local Agreement might be considered to establish goals and polices. The Role of the Regional Planning Commission A Planning Commission "represents a cross section of community interests, serves as a sounding board or trial balloon for new ideas, acts as a buffer between the technicians and the public, relieves the city council of many details Planning Commissions may also be instrumental in securing community participation, promoting public interest in planning and by virtue of their status in the community are able to get planning effectuated." (The Practice of Local Government, ICMA, 1979). In Yakima, the RPC was established to provide a single body for the long range planning requirements for both the City of Yakima and County within the Urban Area. Annually, the RPC opens a public process to hear and recommend amendments to the Yakima Urban Area Comprehensive Plan, both map and text amendments. In addition, every 7 years GMA requires the review and update of the Comprehensive Plan and implementing regulations Council Report — Joint Board Update Page 2 of 3 • such as the zoning ordinance. The Growth Management Act requires a public participation 9 q p p p process which is the responsibility of the RPC review. Recommendations 1. The Intergovernmental Committee in its current form, could provide the desired general direction to the RPC and review of recommendations made by the RPC to the Council and the Commissioners. 2. The first agenda item for the Intergovernmental Committee in this role could be to direct the RPC to hold public meetings and make a recommendation on uniform development standards within the Urban Area. 3. Future discussions between the City of Yakima and Yakima County elected officials should include procedures for long range planning decisions. 4. 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III )11 . i f! : Illr NORTH — • 0 , YAKIMA UREA REA 2009 0 MEMORANDUM OF UNDERSTANDING Between the City of Yakima and Yakima County Regarding a Mutual Agreement to Resolve Economic Concerns Associated With the 96 Avenue Annexation and Terminate Further Boundary Review Board Consideration In BRB Case No. 05 -13 Whereas, the City of Yakima initiated the 96 Avenue Annexation to annex into the City an urbanized area adjacent to the City's west boundary; and Whereas, the City of Yakima believes that the citizens within the proposed 96 Avenue Annexation require the full range of municipal services only the City of Yakima can provide; and • Whereas, Yakima County recently expended 1 11 Y Y P $ 6, 991.16 to improve certain streets within the area proposed for annexation by the City of Yakima; and Whereas, Yakima County requested the Yakima County Boundary Review Board to review the proposed annexation to consider economic concerns the County had regarding its ability to service debt incurred by the County to improve certain streets within the proposed annexation area; and Whereas, the City of Yakima and Yakima County desire to resolve the issues raised by the County in order to achieve an equitable annexation of the urbanized 96 Avenue Annexation; and Whereas the City of Yakima and Yakima County have reached an agreement to permit the 96 Avenue Annexation to proceed, thus making it unnecessary for • the Yakima County Boundary Review Board to review the proposed annexation.. Now, therefore, the parties hereby agree as follows. 96` Avenue Memorandum 1 of Understanding The City of Yakima agrees to pay Yakima County the total sum of 0 $586,420.36 for the outstanding debt incurred by Yakima County for completion of streets within the 96 Avenue Annexation area. The City shall pay this amount to Yakima County in fifteen annual payments of $39,094.69 each. The first annual payment of $39,094.69 shall be payable upon the City's receipt of the one -time road levy revenue transfer that is expected to occur on or about June 30, 2006. Thereafter, the City shall pay to Yakima County $39,094.69 annually, said payments to be due oh June 30 of each year for fourteen years, and to terminate on June 30, 2020. In exchange for the City's agreement to pay Yakima County -the total sum of $586,420.36 as described in the preceding paragraph, Yakima County agrees to withdraw its request for review of the proposed 96 Avenue Annexation by the Yakima County Boundary Review Board, thereby enabling the City to proceed with annexation in 2006. As a further result of the terms of this agreement the parties commit to work together to establish a mutually beneficial framework of cooperation and future understandings by which further urban growth, annexations and uniform development standards can occur within the Yakima Urban Growth Area to serve the best interests of the citizens of the City of Yakima and Yakima County. This Agreement of Understanding is effective upon signature by the parties hereto. E 4,p�!1pT �if 4.11721 z.." Dated this day of January 2006. ¢; ; e ,evetu#:v,. to\ -17 C' • _ � ar�, `� ti fe4ftt,d e Palacios, Chair ��'' ,s1'�N.... , -�� County Commissioner `'�+" David Edler, Mayor APPR• S TO FIRM: City of Yakima CITY CONTRAC I NO „OD(o -dz. RESOLUTION NO R aZ t7vg - 0 96` Avenue Memorandum 2 D u� P of Understanding y l ecu ing Attorney of Yakima County, Washington 0 ri : „. _ , !akuj City C�aunc LQ mit Meetang ' . , � '. .-e Council Intergovernmental ft lotions C ommittee Monday, April 6, 2009 2 :00 p.m. CED Large Conference Room Council present: Dave Edler, Rick Ensey Commissioner: Mike Leita City staff present: Dick Zais, Dave Zabell, Michael Morales, Joan Davenport County staff present: Vern Redifer The topic of discussion was the Urban Area Joint Board. Mayor Edler asked for information on the County's position. Commissioner Leita reported that the County Commissioner's had discussed the Urban Yakima Area Regional Planning Agreement ( UYARPA). He stated that the intent of the agreement was for the City and County to interact cooperatively but recently the Commissioners were caught off guard by the City's adult business issue that came through the Regional Planning Commission (RPC). The Commissioners have determined that they want to have resolution regarding the standing UYARPA before they continue with the Intergovernmental Relations Committee process. The Commissioners suggest three options: reinstate the UYARPA as it was written, 0 amend it or dissolve it. They would prefer to reinstate the agreement. Commissioner Leita said that the Intergovernmental Relations Committee and the issues the Committee works on such as the West Valley Neighborhood Plan (WVNP) and road standards would go through the UYARPA process. He continued, saying that the City /County Joint Board was formed under the UYARPA, and that the Joint Board would interact forward and backward with the RPC, and that the RPC would be directed by the Joint Board. The Joint Board previously consisted of two Commissioners, three City of Yakima Councilmembers and one member of the Union Gap City Council. Dick Zais commented that the 1976 Four - Party Agreement is the underpinning of the Joint Board. He said that the process began to falter in the early 1980s when Union Gap determined that they would not participate in the Joint Board. Eventually growth management processes, including urban area zoning ordinances, and case law with respect to annexations, became part of the process. Dick said he thinks there is value in the framework and objectives of the Joint Board. If the City and County decide it should be reinstated then Union Gap should be invited to participate. If they chose not to, then the Four -Party Agreement and the UYARPA would have to be amended. Commissioner Leita stated that if the UYARPA were amended or eliminated, the RPC would not exist. He asked why Union Gap has a representative if they do not wish to be part of the process. Joan Davenport said that in 1986 when the Urban Area Zoning Ordinance (UAZO) was adopted by the City and County, the RPC was described in the ordinance and the zoning ordinance is probably the modern carrier of the RPC. Commissioner Leita stated that the RPC is less functional than it should be because it is 0 not getting direction the way it was intended: it is getting direction from staff only. Mayor Edler stated that there should be a conversation with Union Gap to see if they are willing to step back into the agreement. Commissioner Leita agreed. He said if Union Gap chooses • not to participate then the City and County can benefit from working together through the Intergovernmental Relations Committee process by looking at the merger of divisions such as purchasing, which is in process, information systems and printing. He also said that if Union Gap does not participate, their member should be removed from the RPC. He continued, pointing out that the County already has a Planning Commission, and went on to say that electeds can choose to handle planning issues as separate entities and then get together if issues become polarized. He also said that the RPC should be going into communities and asking questions about how wide the streets should be and do they want sidewalks on both sides, and so on, but that the electeds would make the final decisions because of the complexities. Rick Ensey said that if everyone is going their own way we will meet to put out fires, but if we act collectively hopefully we will avoid fires. Vern Redifer said he thinks that a joint process should begin the RPC process so that both entities know about all the RPC issues from the time they enter the process. Mayor Edier reconfirmed that the Commissioners would like to reenact the Joint Board process. The Mayor recommended to Rick and the other Councilmembers that the Intergovernmental Relations Committee commission City staff to really dig into the UYARPA and to come back to the full Council with a recommendation. Commissioner Leita said that they are in no hurry. He suggested the first step would be for City staff to discuss the issue with Council, and then he and the Mayor can approach Union Gap - depending upon the City's outcome. He said that while this matter is outstanding, the commissioners are not willing to discuss any joint urban growth area plans. Dave Zabell asked if his statement includes the. Airport Safety .Overlay (ASO). Commissioner Leita replied no, the ASO process needs to continue to move forward and to go to the RPC. He said to let him and Vern know when the City is ready to reconvene the Intergovernmental Relations Committee to discuss the outcome of the City Council discussions with staff. Ap• r• ' d by: PiOr Y /7 a 9 Dave Edler, Chair Date Overview of URBAN YAKIMA AREA REGIONAL PLANNING AGREEMENT Adopted: January 25, 1977 Effective: May 1, 1977 Amendment No. 1: June 23, 1980 Amendment No. 2: May, 1982 Amendment No. 3: February 1986 Amendment No. 4: October 22, 1995 Parties to the Agreement • Yakima County • City of Yakima • Town of Union Gap Purpose of Agreement • To jointly and cooperatively engage in common regional planning within the Yakima Urban Area. Specifics • Establishes the "Yakima Urban Area . • Establishes the "Yakima Urban Area Regional Planning Commission" (RPC) to draft: o Comprehensive land use plan o Zoning ordinance . o Subdivision ordinance . o Urban growth policy • Establishes the "Joint Board for Urban Yakima Area Planning and Development ": o Intergovernmental liaison body for matters of mutual interest concerning the planning and development of the Yakima Urban Area. . • o Generally directs the areas of study and other functions of the RPC. • o Reviews recommendations made by the RPC and comments on them as they are submitted to . the legislative bodies of Yakima County, Yakima City, and Union Gap: o Prepare and submit to the legislative bodies a proposed annual budget for financing the operations of the RPC and the Joint Board. o Provides a Statement of taxes and assessments to property owners who: • , Request sewer service from the City • Indicate desire to form a sewer' LID • Have signed Outside Utility Agreement and are requested by the City to annex • 'Hearings Examiner. Yakima County and City of Yakima will establish a hearings examiner system within the Yakima Urban Area and cooperate in appointing the person to this position. i The Yakima Urban Area consists of City of Yakima, Town of Union Gap, and the sutTounding urbanizing portions of the unincorporated area of Yakima County (including West Valley and Terrace Heights). 2 RPC consists of 7. members: 3 appointed by Yakima County; 3 appointed by City of Yakima; 1 appointed by Town of 0 Union Gap. 3 Joint Board consists of 5 members: 2 County Commissioners; 2 City of Yakima Council members; 1 Town of Union Gap Council member. 4 This Statement is to show the property owner the comparative costs and other factors associated with annexing to the City, or remaining in the unincorporated area. G: \Long Range \Projects \Yakima Urban Area \Overview of Regional Planning Agreemeut.doc Prepared January 3, 2005 • I I r iJ (^i<. il•�r( ( U.r:C O 1)f'z �' I - 2.5 - 7 7 J l I (, -e rtec 'vc S - -17) • ® THIS TEXT INCLUDES AMENDMENTS AUTHORIZED BY: fva� /./ Text Amendment No. 1 June 23, 1980 Text Amendment No. 2 May, 1982 ' Text Amendment No. 3 February, 1986 D ,j j� (7+ajuti Eo,.'r +c, /A.�e.,-�d (ocd, :.z r9ys ) �f� URBAN YAKIMA AREA REGIONAL PLANNING AGREEMENT • • County of Yakima, City'of Yakima, Town of Union Gap • THIS AGREEMENT, executed this 25th day of January, 1977) and amended June 23, 1980Iby and between the County of Yakima, Washington, (hereinafter called the County), the City of Yakima, Washington; (hereinafter called the City), and the Town of Union Gap, Washington, (hereinafter • called the Town), all of which are equal opportunity employers, WITNESSETH: • WHEREAS, the County, the City and the Town desire to jointly and cooperatively, engage in regional planning, - including the creation and use of an Urban Area Regional Planning Commission and a regional comprehensive plan, all under the authority of RCW 36.70.060, and further, wish to provide for the . administration of such a regional planning program through a "Joint Board for Urban Yakima Area • Planning and Development" under the provisions of this agreement, which is executed pursuant to • RCW 39.34, the Interlocal Cooperation Act, now, therefore, The parties -agree as follows: • SECTION I - PURPOSE OF AGREEMENT _ • It is the purpose of this agreement, and it is the intent of the parties hereto, to create an Urban Yakima Area Regional Planning Commission to serve, and to act as the long range planning body • for the City of Yakima, the Town of Union Gap and a portion of the unincorporated area of Yakima County. The preparation of.a- comprehensive plan, zoning and subdivision regulations, and all other • long range planning•functions heretofore performed by separate planning commissions for the parties to this agreement, will henceforth be performed by a common planning_-commission for the geographical planningarea established by this agreement, all with the intent of establishing uniformity in land use policies within, and to provide for the planned growth and development of, the Yakima Urban Area. It is also contemplated that the current planning (administrative) activities of the planning commissions 1 ,� ,' for Yakima and Yakima County will be transferred to a hearings examiner who will assume responsibility for decisions on rezones and other matters assigned to him by the. legislative bodies of the City and County. SECTION II - URBAN YAKIMA AREA REGIONAL PLANNING COMMISSI0N CREATED -- MEMBERSHIP A. Regional Planning Commission Created -- Membership A Yakima Urban Area Regional Planring Commission, hereinafter called the Commission, is hereby created to consist of seven members. Commission members shall be appointed as follows: Three members appointed by the Board of Yakima County Commissioners; Three members appointed by the Yakima City Council; and One member appointed by the Union Gap Town Council. -1- • The only residency requirements for appointment to the commission are that the members live or own property in the Urban Area. The term of office of each Commission member shall be four ye or until that member's successor is thereafter appointed; provided, the original terms of the members first appointed shall be staggered so that two members, chosen by lot, shall serve for two years, two members, chosen by lot, shall serve for three years, and the remaining three memb€:rs shall serve for four years. Commission members may be reappointed to successive terms at the discretion of the appointing legislative body. Successor. members of the Commission shall be appointed or reappointed by the same legislative body which appointed the predecessor member. Any commission.member may be removed from the Commission by the appointing legislative body for inefficiency, neglect of duty or malfeasance in office without the necessity for a public hearing. In the event a vacancy occurs in any position on the Commission for any reason other than the expiration of the term of appointment, that position shall be filled by the appointment of an interim member for the balance of the unexpired term, such appointment to be made by the legislative body which made the original appointment to that position. B. Compensation • Commission members shall serve without compensation for attendance at Commission meetings and for the performance of other, duties incident to membership on the Commission; provided, Commission members shall be entitled to reimbursement for actual travel and other expenses incurred for attending professional seminars or conferences, and for other similar extraordinary expenses, at rates and in amounts approved by the Joint Board in advance of the expenditure, all in accordance with applicable laws. In the event it shall hereafter become lawful for Commission members to be reimbursed for expenses incurred, or on a per diem basis, or otherwise, for attendance at Commission meetings or for the performance of other duties incident to membership on the Commission, the,Joint Board may authorize such reimbursementjwithout further authorization by the legislative bodies of the parties subject, however, to the availability of funds in the Joint Board budget. • SECTION III - PURPOSE AND FUNCTIONS OF COMMISSION -- PLANNING AREA DEFINED The Commission created by this agreement shall constitute the planning commission for the City of Yakima, and for that portion of the unincorporated area of Yakima County within the boundaries of the Urban Area, as depicted on; Exhibit A' attached hereto and by this reference .made a part hereof. Subject to the provisions of Section XII of this agreement, the Yakima City Council shall enact appropriate legislation to dissolve its existing planning commission and the Board of Yakima County Commissioners shall enact appropriate legislation to divest the Yakima County Planning Commission of all authority and jurisdiction over and concerning the geographical area within the Planning Area defined.by this agreement. The City of Union Gap shall retain its planning commission to make recommendations on .land use matters within its:city limits..; Subject to the provisions of Section XII of this agreement all authority, jurisdiction, and functions for long range planning previously held, exercised and performed by those separate planning commissions over and concerning any portion of the geographical area within the,Urban Area shall be vested in, and shall be held, exercised, and performed by the Commission created by this agreement. Pursuant to PCW 36.70.060, the Commission shall have, within the defined Urban Area, the power, functions, and authority to carry on a complete planning program under the provisions and procedures of RCW Chapter 16.70 and shall have all powers, functions, and authority as would be otherwise imparted and conferred 0 -2- • • on a planning commission under the provisions of that chapter or other law making reference to that ® chapter. Such authority, jurisdiction and function shall include, but not be limited to the develop- . ment of a comprehensive land use plan, the development of a zoning ordinance or ordinances, the development of a subdivision ordinance or ordinances, and the development of an urban growth policy, all for consideration by the Joint Board created by this agreement and for prospective adoption by enactment of the legislative bodies of the parties to this agreement. The Commission shall also make recommendations and reports as may be legally required to the legislative bodies of the parties to this agreement, and make such other recommendations and reports as may be requested from time to time by the Joint Board and /or the legislative bodies of the parties. The City of Yakima and Yakima County shall cooperate in appointing e hearings examiner to make current planning decisions within the: Urban Area. The hearings examiner shall conduct such hearings as may be required by law on rezone applications and other proceedings delegated by the legislative bodies in accordance with R.C.W. Chapter 39.34 the Intergovernmental Cooperation Act, and R.C.W. 36.70 and R.C.W. 35A63. Decisions of the hearings examiner shall be appealable to the affected legislative authority. The designation by this section of the authority, jurisdiction and functions of the Regional Planning Commission and hearings examiner is not intended to specify each and every attribute of authority and jurisdcition, nor to list each and every function, to be held, exercised, performed or otherwise enjoyed by the Commission, or hearings examiner. Rather, it is the purpose and intent of this agreement to vest in the Commission and hearings examiner all the authority and jurisdiction heretofore held, exercised or otherwise enjoyed by the separate planning commissions of the City and County all under the provisions and procedures of RCW Chapter 36.70. SECTION P/ - COMMISSION ORGANIZATION -- MEETINGS The Commission shall elect from its membership a chairman and vice - chairman; and may elect or appoint other officers,'adopt written rules for the conduct of its meetings, and otherwise organize - itself.as the members deem necessary or convenient from time to time for conducting the business and performing the functions of the Commission. The Commission-.shall hold at least one regular meeting during each month; provided, in the event no matter is pending before the Commission so that no regular meeting is required to be held, the meeting may be cancelled; provided, 'further, special meetings shall be held inlRoom 420 of the Yakima County • Courthouse, unless otherwise provided from time to time by the Commission in accordance with any applicable laws. The Joint Board shall provide a recording secretary to the Commission, who shall record written minutes and provide means for making a verbatum transcript of all Commission meetings. A copy of the written minutes of each Commission meeting shall be distributed to each Commission member and to each member of the Joint Board created by this agreement. SECTION V - AD:•IINISTRATION - JOINT 00ARD A. Joint Board Crcated -- Membership A Joint Board for Urban Yakima Area Planning Development, herein called the Joint Board, is hereby created to consist of five members as follows: -3- • • Two members who shall be Yakima County Commissioners: Two members who shall be Yakima City Council, members appointed by the Yakima City Council; an� One member who shall be a Union Gap Town Council, member appointed by the Union Gap Town Council. B. Functions of Joint Board The Joint Board shall: 1. Serve as an intergovernmental liaison body for matters of mutual interest concerning the • planning and development of the Urban Yakima Area; 2. Generally direct the areas of study and other functions of the Commission. 3. Review recommendations made to it by the'Consnission and comment on such recommendations as they are submitted to the legislative bodies of the parties of this agreement; 4. Prepare and submit to the legislative bodies of the parties to this agreement a proposed annual budget for financing the operations of the Commission and the Joint Board, all as more specifically provided by Section VI of this agreement. The Joint Board shall furnish a statement of taxesand assessments to any property owner who requests sewer service from the City, indicates a desire to form a sewer LID inside the Urban Boundary or has signed an Outside Utility Agreement and is requested to annex by the City. This statement of taxes and assessments shall show the property owner the comparative costs and other factors associated with annexing to the City or remaining in the unincorporated area. C. Organization of Joint Board The Joint Board shall elect'a chairman from its membership, and may otherwise organize itself and adopt such rules as the members deem necessary or convenient from time to time for holding • meetings, conducting the business and performing the functions of the Joint Board. The City Manager of the City shall arrange for a recording secretary to record written minutes of all Joint Board meetings, to prepare an agenda when necessary for Joint Board meetings, and to otherwise perform duties typical for that position. SECTION VI - FINANCING AND BUDGET A. Budget The Joint shall cause to be prepared a proposed annual budget of revenues and of expenditures by the Commission and the Joint Board for the ensuing calendar year, and shall submit that proposed budget to the legislative bodies of the parties in a form and at such a time so that the proposed budget may be considered in conjunction with the preparation of the respective annual budgets by the parties to this agreement and so that appropriations may be made in those respective annual budgets of the parties to finance the operations of the Commission and Joint Board for the ensuing calendar year. Upon approval by the legislative bodies of the parties, and when adopted by the Board of Yakima County Commissioners, the proposed budget shall constitute the annual budget for the Commission and the Joint Board, subject to proposed amendment by the Joint Board at any time to accommodate revenues and expenditures not at the time .of the adoption of that budget. Any such proposed amendment, when approved by the legislative bodies of the parties and adopted by the Board of Yakima County Commissioners, all in accordance with applicable budgetary laws, shall constitute the budget for the balance of that year, unless further amended. No expenditure shall be made Erom that budget unless the item of expenditure is provided for in the budget and each expenditure is specifically approved by the Joint Board. -4- • • • B. Fiscal Administration • Upon the appropriation being made in the respective budgets of the parties, the amounts appro- . priated shall be deposited with the Yakima County Treasurer in'an account designated "Operating ' • Fund of the Joint Board for Urban Yakima Area Planning and Development ", who shall administer the fund in accordance with this agreement and applicable laws. C. Acquisition and Disposition of Property The parties do not contemplate the acquisition of real property by, or for the use or benefit of the Commission or Joint Board, nor are any capital expenditures of any nature contemplated ..- by this agreement. It is contemplated that any expenditures from the budget for the acquisition of property will be limited to the purchase of office and clerical items and supplies in such . quantities and amounts so as to be susceptible to the prorata disposition and return to the parties in proportion to the amounts of budgetary appropriations made and contributed by each party, according to the budget of the Joint Board for the original purchase thereof; and the parties therefore agree that in the event of the termination of this agreement under circumstances which require the disposition of any such property, it shall be disposed of in that manner. . Any unencumbered money remaining in the Joint Board operating fund on the effective date of termination of this agreement shall be disbursed to the parties, pro rata, in proportion to the amounts of budgetary appropriations made and contributed to that fund by each party according • to the budget of the Joint Board for that current year. • D. Grants . The Joint Board and Commission are authorized to receive grants - in - aid from, or enter into reasonable agreement with any department or . .agency of the government of the United States or of the State of Washington to arrange for the receipt of federal funds and state funds for planning in the interests of furthering the planning program. " . SECTION VII - PLANNING STAFF At present, the City and County Planning staffs shall be maintained. Each Planning Department will continue to provide staff support on land use proposals within their respective jurisdictions. The planning staff for the City shall be solely responsible for performing.staff functions affecting only that portion of the Urban Area within the corporate limits of the City. The planning staff for the County will be responsible for performing staff functions affecting only that portion of the unincorporated Urban Area. This arrangement shall not preclude future consideration of staff con- solidation. The County and the City shall each designate one person from their respective planning staffs to serve as liaison between the planning staffs of the County and City to coordnate staff efforts and activities related, to the execution of this agreement. Planning staff functions affecting that portion of the Planning Area within the corporate limits of Union Gap shall he performed by such means as shall be determined by the Union Gap Town Council. • -5- SECTION VIII - CODE ENFORCEMENT- -BOARD OF ADJUSTMENT A. Code Enforcement This agreement shall not alter or otherwise affect existing means and methods of enforcing zoning codes and other land use regulations, subdivision codes, building codes, and other laws, rules and regulations by the parties to this agreement. B. Board of Adjustment No regional board of adjustment is created or contemplated by this agreement. Each party may create or retain its existing board of adjustment to exercise the authority vested in such boards, and to otherwise function, according to applicable laws: SECTION IX - DISSOLUTION OF PROVISIONAL PLANNING COMMISSION The Provisional Planning Commission appointed pursuant to the "Urban Yakima Area Planning and Development Agreement ", dated November 12, 1974, executed by the parties to this instant agreement, is hereby dissolved. -' SECTION X - DURATION OF AGREEMENT - - TERMINATION A. Duration This agreement shall be of continual duration with no fixed term and with no specified time of expiration. B. TERMINATION This agreement may be terminated by the joint concurrence of any two parties to this agreement. In such event, the two parties which concur in such termination shall notify the legislative body of the third party, in writing, that the agreement will be terminated on the date specified in the notice which termination date shall not be less than 180 days subsequent to the time such notification is given. In the event of such termination, the Joint Board shall continue in existence for so long as may be necessary to dispose of any property and to otherwise wind up the financial affairs and any other unfinished business of the Joint Board. • In the event any one party desires to withdraw from this agreement, that party shall notify the Joint Board, in writing, of that party's intention to so withdraw. Such notice shall be given not later than September 1 of any year to be effective on January 1 of the following year. Such withdrawal by a party shall terminate its right to representation of the Commission and the Joint Board, the membership of which bodies shall be reduced accordingly. SECTIO! XI - LEGISLATIVE AUTIIORITY NOT DELEGATED This agreement is not intended as a limitation, or delegation to any person or body, of the legislative authority of the respective parties to this agreement; and the parties understand and agree that the execution of this agreement does not relieve any party from any obligation or res- ponsibility imposed on it by law except to the extent that the actual and timely performance thereof is accomplished by the performance of this agreement. -6- t - SECTION XII - EFFECTIVE DATE - TRANSITION A. Effective Date This agreement shall become effective on May 1, 1977. • B. Transition The parties recognize that a transition period will occur from the time of the effective date of this agreement until all necessary legislation is enacted and all procedures are established to fully implement this agreement. The parties agree to perform all the acts required of them by this agreement for its implementation by enacting legislation and otherwise performing the obligations and undertakings of this agreement in a spirit of mutual cooperation to the end that this agreement will be fully implemented according to its spirit and intent, as well as its express terms and provisions, as expeditiously as reasonably possible. As soon as reasonably possible after the execution of this agreement, the members of the Regional Planning Commission shall be appointed as provided by this agreement; however, the existing separate planning commissions of the parties shall remain in existence and shall . continue to perform their existing functions and exercise their existing authority and juris- diction except for the development and recommendation of a comprehensive land use plan; a zoning ordinance or ordinances, a subdivision ordinance or ordinances and an urban growth policy • for the Planning Area defined by this agreement. Upon its appointment, the Regional Planning Commission thereafter, and for a period of time necessary to accomplish the development of a comprehensive land use plan, a zoning ordinance or ordinances, a subdivision ordinance or ordinances and an urban growth policy for the Planning Area, shall have the authority and jurisdiction to • develop and recommend such plan, ordinance and policy, pursuant to those notice, hearing and other requirements of law governing the parties to this agreement for recommendation to and considera- tion by the Joint Board and for prospective adoption by enactment of the legislative bodies of the parties to this agreement. When such legislation has been enacted so as to provide substantially _uniform plan, ordinances and policy for the Planning Area, the City of Yakima shall enact appropriate legislation to dissolve its existing planning commission and Yakima County shall • divest its planning commission of jurisdiction in the Urban Area and by appropriate legislation • shall vest in the Regional Planning Commission all authority, jursidiction and functions for long range planning previously held, exercised and performed by those separate planning commissions over and concerning any portion of the geographical area within the Planning Urban Area. The City of Union Gap shall retain its Planning Commission to make recommendations on,land use issues within its'City Limits': Nothwithstanding the other provisions of this section and this agreement, the City of Yakima and County of Yakima may adopt and implement within their jurisdictions an Urban Area Zoning Ordinance and subdivision ordinance upon completion and adoption of (1) Urban Area Growth Policy and (2) Urban Area Comprehensive Land Use Plan. Development of a permanent uniform subdivision for the Urban Area will continue to be pursued for ultimate adoption in accordance with the other terms and conditions of this Agreement. The Clty and County shall also enact appropriate legislation to establish a hearing examiner system within the Yakima City Limits and the unincorporated portion of Yakima County within the Urban Area. IN WITNESS WHEREOF, the parties hnve executed this agreement on the day and year first above written, that being the date of execution hereof by the last signatory hereto. COUNTY OF YAKIMA, WASHINGTON, a municipal corporation. n ) Chairman Member I ! • Member ' Signed this day of ( _,1977. Board of Yakima County Commissioners • - (7 , • ATTEST: • r ,I: • 0 0 • / Deputy Auditor and Deputy Clerk CITY OF YA.Y.I:AA, WASHINGTON, a municipal corporation / B.... ' Signed this of . "44 , Mayor ATTEST: ( 1 • •/ (') • City Clerk " TaCi OF UNION GAP, WASHINGTON, a municipal corporation. Bv: / • C Signed this . ___ . 19 77. Mayor !. ATTEST: , City Clerk -8 - • . . . • L::I I 1 L i'1' .ii • YAINMA URBAN AREA As amended by Text Amendment No. 2 May, 1982 ,f As amended by Text Amendment No. 3 February, 1986 Scenic llrive v _ ____ -_ \ �•� • �� , pll‘i N Terrace Heights Drive rfili 1! t I 1111P -Ali • ,..„ ,.., { t Gun Club Road d 1 \ . L Nob Hill Blvd. " "` il l ro • /-.. :.. ,:, M �t,1 .., ems d Zier Road i ` —� 6 Lim 7 Washington Ave. 1 Occidental Avenue , y f ,� Lower Ahtanum Road � __ \ , / iMW.W...M109r. \ • ... ro., r�rr• — .e.... .....,. .... I u . -.,. . • • • .