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HomeMy WebLinkAboutR-2005-193 Tri-County Water Resource Agency Memorandum of AgreementRESOLUTION NO. R-2005- 193 A RESOLUTION authorizing the City Manager of the City of Yakima to execute a Memorandum of Agreement extending the Interlocal Agreement for the Tri -County Water Resource Agency through December 31, 2006. WHEREAS, Benton County, Kittitas County, Yakima County, Ellensburg, Yakima, Roza Irrigation District, Sunnyside Valley Irrigation District, and Yakima-Tieton Irrigation District previously authorized and entered into a Fourth Amended Intergovernmental Agreement for the Tri -County Water Resource Agency ("Interlocal Agreement") to provide for watershed planning for the Yakima River Basin; and WHEREAS, said Intergovernmental Agreement provides that it shall expire at the end of 2005 unless extended by written agreement; and WHEREAS, Yakima County, Roza Irrigation District, Sunnyside Valley Irrigation District, Yakima-Tieton Irrigation District and the City of Yakima desire to extend the Interlocal Agreement through December 31, 2006, in accordance with the attached Memorandum of Agreement; and WHEREAS, the City Council deems it to be in the best interests of the City to authorize execution of the Memorandum of Agreement to extend the Intergovernmental Agreement for the Tri -County Water Resource Agency through December 31, 2006; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager of the City of Yakima is hereby authorized and directed to execute the attached Memorandum of Agreement extending the Intergovernmental Agreement for the Tri -County Water Resource Agency through December 31, 2006. ADOPTED BY THE CITY COUNCIL this 13th day of December, 2005. ATTEST: City Clerk au P. George, Mayor R mos- / 93 MEMORANDUM OF AGREEMENT RE: EXTENSION OF THE FOURTH AMENDED INTERGOVERNMENTAL AGREEMENT FOR THE TRI -COUNTY WATER RESOURCE AGENCY This Memorandum of Agreement is entered into and between the Ipitiating Governments of the Fourth Amended Intergovernmental Agreement for the Tri - County Water Resource Agency as wish to continue participation. Paragraph 10.3 of the Fourth Amended Intergovernmental Agreement for the Tri -County Water Resource Agency provides that the Agreement is to expire December 31, 2003, unless extended by written agreement. An agreement was signed to extend that agreement for one year to December 31, 2004 and again to December 31, 2005. The undersigned designated representatives of the Initiating Governments hereby agree to extend the Fourth Amended Intergovernmental Agreement for the Tri -County Water Resource Agency for an additional period of one year, until December 31, 2006, and to obtain the necessary legislative authority to approve a Fifth Amended Intergovernmental Agreement for the Tri -County Water Resource Agency in substantially similar form to the Fourth Amended • Intergovernmental Agreement or until such time as members should agree • to reorganize the Lead Agency with the signing of a new Intergovernmental Agreement. It is also the intent of this agreement to provide that any prior Initiating Governments that have not been signatories to this Agreement may rejoin the Tri - County Water Resource Agency. Each Initiating Government's agreement herein is contingent on receiving the respective legislative authority for their approval. This Memorandum of Understanding may be executed in any number of counterparts, all of which shall constitute one agreement. Page 1 Attest: Jennifer Adams DeputyClpr �,f the Board 12.1(a1V5 Date CITY OF YAKIMA: B R. A. , Jr., Cityanager Date: t 2-1 o.5 Attest: City Clerk Resolution No. /?-RcV5-/ 93 8o4re4cr No Ado5-HG Date /2- / Date z/ Date 6/6 Ronald F. Gamache, Chairman YAKIMA COUNTY ROZA IR APPROVE AS TO FORM: 2'1i( to Chief/Senior Deputy Prosecuting Attorney I-ONVDISTRICT SUNNYSIDE / LLEY IRRIGATION DISTRICT YAKIMA-TIETON IRRIGATION DISTRICT f:\clients\lem\tri-county wtr-17264\Memo of agr4clean.doc 1/13/2004 2:19 amended 111805 Page 2 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 4C- 8 For Meeting of December 13, 2005 ITEM TITLE: Resolution authorizing execution of a "Memorandum of Agreement Re: Extension of the Fourth Amended Intergovernmental Agreement for the Tri -County Water Resource Agency." SUBMITTED BY: David Brown, Water/Irrigation Manager Dave Zabel!, Assistant City Manager CONTACT PERSON/TELEPHONE: David Brown, 575-6204 SUMMARY EXPLANATION: Benton County, Kittitas County, Yakima County, Ellensburg, Yakima, Roza Irrigation District, Sunnyside Valley Irrigation District, and Yakima-Tieton Irrigation District have entered into an Intergovernmental Agreement for the Tri -County Water Resource Agency ("Interlocal Agreement") to provide for watershed planning for the Yakima River Basin. Said Interlocal Agreement will expire shortly unless extended by the parties. Attached for City Council consideration is a "Memorandum of Agreement" that would extend the term of the Intergovernmental Agreement through December 31, 2006. The Tri -County Water Resource Agency is in the process of developing the implementation plan for the Watershed Pian for the Yakima River Basin adopted by Yakima, Benton, and Klickitat Counties. The Fourth Amended Intergovernmental Agreement for the Tri -County Water Resource Agency has been attached for your reference. Resolution X Ordinance _ Contract X Other (Specify) Mail To: Jim Milton; TCWRA; 2301 Fruitvale Blvd. Yakima, WA 98902 Funding Source: 474 Water Operating Fund and 475 Irrigation Operating Fund APPROVED FOR SUBMITTAL: �.�-, City Manager STAFF RECOMMENDATION: Adopt the resolution authorizing execution of said agreement. COUNCIL ACTION: Resolution adopted! RESOLUTION NO. R-2005-193 FOURTH AMENDED INTERGOVERNMENTAL AGREEMENT FOR THE TRI -COUNTY WATER RESOURCE AGENCY This INTERGOVERNMENTAL AGREEMENT ("Agreement") is entered into by and among the initiating governments of Benton County, Yakima County, City of Yakima, Roza Irrigation District, Sunnyside Valley Irrigation District, and Yakima-Tieton Irrigation District, (collectively, the "Initiating Governments"), for the purposes of administrating the development of a local watershed plan under authority of HB 2514 (Chapter 90.82 RCW) for the Yakima River basin in WRIA's 37, 38 and 39; defining the duties and responsibilities of the Agency as lead agency for the local watershed planning process; directing staff; contracting with consultants; and authorizing requests for grant funding. RECITALS AND FINDINGS: WHEREAS, water resource planning has been and continues to be a responsibility of Washington State, counties, cities, water utilities and tribes. WHEREAS, the State of Washington has declared, and the Initiating Governments recognize, that proper utilization of the water resources of this state is necessary for the promotion of pubhc health and economic well-being of the state and preservation of its natural resources and aesthetic values. WHEREAS, the Initiating Governments recognize that it is in the best interests of the state and the Yakima River basin that comprehensive water planning be given a high priority so that water resources and associated values can be utilized and enjoyed today and protected for tomorrow. WHEREAS, the Yakima River Basin Planning Program for WRIA's 37, 38 and 39, was initiated pursuant to RCW 90.82.060 by the Initiating Governments, by a Memo- randum of Agreement dated May 18, 1998, which is attached hereto as Appendix 1. A First Amended Interlocal Agreement was adopted on July 9, 1998, which is attached hereto as Appendix 2. A Second Amended Intergovermental Agreement was adopted on March 4, 1999, which is attached hereto as Appendix 3. The Initiating Governments as of December 15, 1998, also adopted an Operational Agreement, attached hereto as Appendix 4. WHEREAS, comprehensive water resource planning must provide interested parties adequate opportunity to participate, and water resources issues are best addressed through cooperation and coordination among the State, Local Governments, and all interested parties TCWRA Fourth Intergovernmental Agreement Page 1 WHEREAS, pursuant to RCW 43.21C, comprehensive water resource planning must consider the requirements of the State Environmental Policy Act within the scope of the planning process and in the development of any final watershed proposal. WHEREAS, utilization and management of the waters of this state are guided by certain general principles, including that uses of water for domestic, stock -watering, industrial, commercial, agricultural irrigation, hydroelectric power production, mining, fish and wildlife maintenance and enhancement, recreational, thermal power production, preservation of environmental and aesthetic values, and all other uses compatible with the employment of the public waters of the state are beneficial. WHEREAS, since water rights are property rights held by individual citizens, irrigation entities, municipalities, public and private utilities, and governments, the Initiating Governments declare that the Tri -County Water Resource Agency shall have no power or eminent domain authority to impair (a) any lawful water right or use; (b) the capability of water users to divert, convey, or exercise those rights; or (c) the continuation of existing land uses dependent on, or benefited by, those water rights uses. WHEREAS, to prepare and recommend for approval a local watershed plan under HB 2514 (RCW 90.82), the Initiating Governments shall work in cooperation with former membership of the Yakima River Watershed Council, representatives of state and federal agencies, the Confederated Tribes and Bands of the Yakama Nation, local governments and representatives for agricultural, fisheries, recreational and environmental interests. WHEREAS, the Initiating Governments must provide for the participation of a wide range of water resource interests in the composition of the planning unit for the Yakima River basin, and it is critical to the success of the planning process that the Initiating Governments provide for broad public participation and education regarding the develop- ment andimplementation of local lers' ' l-- 01 the 1Vl,dl W aLCl�ile(.1 plan. WHEREAS, all Initiating Governments should be members of the Tri -County Water Resource Agency, which they have designated the Lead Agency for the local watershed process. WHEREAS, a small portion of Klickitat County is in WRIA 37, Klickitat County supports the decision to initiate multi-WRIA planning for WRIA's 37, 38 and 39 and designates the Tri -County Water Resource Agency as Lead Agency; however, Klickitat County will not participate in the planning process or this Agreement, as confirmed in the May 11, 1998, letter attached to this Agreement as Appendix 5. WHEREAS, in an effort to resolve the concerns of the Confederated Tribes and Bands of the Yakama Nation and to facilitate their involvement and cooperation in the planning process and this Agreement, the Confederated Tribes and Bands of the Yakama Nation became a member of the initiating governments and an Operational Agreement was adopted by the initiating governments on December 15, 1998, and a Second Amended Intergovernmental Agreement for the Tri -County Water Resource Agency was adopted by the initiating governments on March 4, 1999. TCWRA Fourth Intergovernmental Agreement Page 2 WHEREAS, the Confederated Tribes and Bands of the Yakama Nation have by letter dated December 21, 1999, attached hereto as Appendix 6, notified the Tri -County Water Resources Agency that it no longer wished to be a member or participant in the watershed planning process or an initiating government of the Tri -County Water Resource Agency, a Third Amended Intergovernmental Agreement for the Tri -County Water Resource Agency and rescission of the Operational Agreement was adopted by the initiating governments in the year 2000. WHEREAS, the City of Ellensburg and the County of Kittitas having advised the Tri -County Water Resources Agency that they no longer wished to be a member or participant in any future watershed planning process or as initiating governments of the Tri -County Water Resource Agency, a Fourth Amended Intergovernmental Agreement for the Tri -County Water Resource Agency is desired by the remaining Initiating Governments to set forth the agreement of the remaining Initiating Governments, including a new quorum requirement, following the withdrawal of the City of Ellensburg and the County of Kittitas. WHEREAS, by adoption of this Fourth Amended Intergovernmental Agreement, the Initiating Governments do not waive any rights it may have to assert that the City of Ellensburg and the County of Kittitas formally withdrew from the Tri -County Water Resource Agency prior to December 31, 2002, nor may this Fourth Amended Inter- governmental Agreement be construed as necessary or required to be adopted following the decisions by the City of Ellensburg or the County of Kittitas to not continue with the Tri - County Water Resource Agency. WHEREAS, it is the intention of the Initiating Governments that this Fourth Amended Intergovernmental Agreement will provide for the continuation of the Tri -County Water Resource Agency, and l allow of tl of Ellensburg Resource will a11VW for the withdrawal Lrie City rJjjensniirg ana the County of Kittitas. NOW, THEREFORE, in consideration of the; mutual agreements, covenants and promises contained herein, the Initiating Governments agree to the following terms: 1. DEFINITIONS 1.1 "Agency" means the Tri -County Water Resource Agency. Agency member- ship consists of the Initiating Governments. The Agency is the Lead Agency as those terms are defined below. To this extent, Agency, Initiating Govern- ments and Lead Agency are common terms for purposes of this Agreement. 1.2 "Agency Director" means the person hired by the Agency to handle its day-to- day operations, and such person shall be an at -will employee and shall serve at the pleasure of the Agency. TCWRA Fourth Intergovernmental Agreement Page 3 1.3 "County" or "Counties" means Benton and Yakima Counties, individually or collectively. 1.4 "Initiating Governments" means those local and tribal governments generally designated by RCW 90.82.060 for the purposes of initiating watershed planning and designating a lead agency for such planning. Upon execution of the Fourth Amended Intergovernmental Agreement, the Initiating Govern- ments are Benton County, Yakima County, City of Yakima, Roza Irrigation District, Sunnyside Valley Irrigation District, and the Yakima-Tieton Irriga- tion District. The Confederated Tribes and Bands of the Yakama Nation have declined to continue as an initiating government. The County of Kittitas and the City of Ellensburg have declined to continue as initiating governments. 1.5 "Lead Agency" means the organization designated by the Initiating Govern- ments pursuant to RCW 90.82.060 to serve as the Lead Agency for the Planning Process, including the receipt and administration of grant funds and the coordination of staff support related to watershed planning. For purposes of this Agreement, the Lead Agency is the Tri -County Water Resource Agency. 1.6 "Local Governments" means cities, towns, irrigation districts and any other taxing authority. 1.7 "Planning Costs" means (1) the cost of preparing the studies and plans relating to the planning process; (2) the amounts paid to contractors for work performed under approved contracts: (3) the costs of legal engineering, and other professional service relating to the formation of the Agency, the planning process and resolution of any disputes related thereto; and (4) other costs reasonably related to the planning process initiation, administration, auditing and general project management. 1.8 "Planning Process" means the Watershed Plan preparation under Title 90.82 RCW, the associated public involvement and education process, and activities provided for herein. 1.9 "Planning Unit" means the collective representatives of water resource interests who, as an autonomous body under authority of Chapter 90.82 RCW are tasked with the responsibility to prepare a watershed plan through the consensus process defined therein, and further outlined in Appendix 7. 1.10 "State" means the State of Washington and any of its agencies. 1.11 "Tri -County Water Resource Board" means the board of that name established in Section 6 of this Agreement. 1.12 "Watershed Plan" means the local watershed plan prepared by the Planning Unit under authority of HB 2514 (Chapter 247, Laws of 1998). TCWRA Fourth Intergovernmental Agreement Page 4 1.13 "SEPA" means the State Environmental Policy Act as codified in RCW 43.21C. 2. DUTIES OF THE TRI -COUNTY WATER RESOURCE AGENCY The Agency shall: 2.1 Receive and administer grants. 2.2 Acting as the Initiating Governments, determine the scope of planning to be conducted and shall consider all existing plans and related planning activities; 2.3 Acting as the Initiating Governments, designate and appoint representatives of a wide range of water resource interests to serve on the Planning Unit; appointment may be made through the planning process. 2.4 Hold/coordinate upon request of the Planning Unit, public hearings and/or meetings in all three counties regarding the watershed plan. 2.5 Administer staff, contracts with consultants and other professional services to facilitate the planning process and fund the activities of the Planning Unit. 2.6 Upon request of the Planning Unit, review and resolve the Planning Unit's disputes regarding interim decisions on plan development activities. 2 7 Hold public hearings on the Watershed Plan prepared by the Planning Unit, and provide a report on the public hearings and its recommendation to the County legislative authorities for the approval process provided in Section 9 of HB 2514. 2.8 Act as lead agency for SEPA purposes, and develop such policies and procedures, and take such actions as reasonably necessary to insure compliance with SEPA statutory and regulatory requirements. 3. SUPPORT AND FINANCING FOR THE PROJECT 3.1 The Agency is authorized to apply for and accept grants in the name of the Agency from federal, state, local and private sources. The Agency may utilize existing grant funds and appropriations in the Agency's accounts for the purposes specified herein. 3.2 The Initiating Governments shall not be obligated to pay any debts of the Agency or the Planning Unit. These costs shall be funded solely through grants and voluntary contributions. TCWRA Fourth Intergovernmental Agreement Page 5 3.3 The agency shall approve annual budgets for its operations. The Agency's fiscal year shall be January 1 through December 31. 3.4 The Agency shall not acquire real property. Any personal property acquired for use by the Agency shall be acquired in the name of the Agency and shall be sold or equally and equitably divided among the Initiating Governments upon the termination of this Agreement. 4. REPORTING REQUIREMENT The Agency director shall report monthly to each Initiating Government regarding its activities during the prior period. Reporting may be in writing, or by reporting to the Tri -County Water Resource Board at their monthly meeting. 5. BOOKS, ACCOUNTS AND PERSONNEL POLICIES 5.1 The Agency shall establish a special fund with the Yakima County Treasurer to be designated "Operating Fund of the Tri -County Water Resource Agency." Ali sums received by the Agency shall be placed in such fund and all sums expended by the Agency shall be disbursed from such fund. The Yakima County Treasurer shall be the custodian of the fund, and the Yakima County Auditor shall keep record of the receipts and disbursements, and shall draw and the Yakima County Treasurer shall honor and pay all warrants, which shall be approved before assurance and payment as directed by the Agency. All interests earned on sums placed in the Agency's fund shall accrue to such fund. Reasonable administrative costs incurred by Yakima County in the performance of this Section 5.1 shall be paid by the Agency, provided, the Agency is not obligated to pay any such administrative costs in excess of their fair market value. 5.2 The Agency shall keep full and complete books of accounts showing the planning costs incurred in connection with the planning process. The cost of keeping those books shall be considered to be a planning cost of the Agency. Audits of the books shall be performed annually by the Washington State Auditor, and the cost of such audit shall be considered a planning cost. More frequent audits, if requested by any Initiating Government, shall be charged to the Initiating Government making the request. 5.3 The Agency director and any other supporting staff hired by the Agency shall become employees of Yakima County and shall be subject to the personnel policies of Yakima County. 6. TRI -COUNTY WATER RESOURCE BOARD 6.1 There is hereby established a Tri -County Water Resource Board to act as the governing body for the Agency. All the powers and functions of the Agency shall be vested in the Board. TCWRA Fourth Intergovernmental Agreement Page 6 6.2 The Tri -County Water Resource Board shall consist of one representative from each Initiating Government appointed by its legislative authority. Each such representative shall be an elected official or the senior manager/ administrator for the Initiating Government he or she represents and shall have one vote. Each Initiating Government shall also designate an official to serve as an alternate with full authority in instances when the primary representative of such Initiating Government is not available. A quorum of the Tri -County Water Resource Board shall be four (4) members. The Board shall take action by a majority vote. 6.3 In June of every even numbered year, the Board shall elect a chairman and vice-chairman to serve two-year terms. The chairman, or in his/her absence the vice-chairman, shall conduct meetings and such other business as author- ized by the Board. 6.4 Initiating Governments may withdraw from the Agency and the Board by providing written notice to the Agency director or the chairman, or by announcing the withdrawal at a public meeting of the Board. This Inter- governmental Agreement shall remain valid and in full force and effect and the Agency shall continue to serve as the Lead Agency for the watershed planning process despite any such withdrawal. The withdrawal of any Initiating Government from the Agency and Board shall not affect the Planning Unit's authority to prepare the watershed plan or the approval process set forth in Chapter 90.82 RCW. If the withdrawal of one or more Initiating Governments at a Board meeting causes the Board to lack a quorum a defined in paragraph 6.2, the remaining Board members in attendance shall constitute a quorum for purposes of transacting business at that meeting, but no business may be conducted that was not listed on the Board's agenda. The Board shall reexamine the quorum requirement in paragraph 6.2 following the withdrawal of two or more Initiating Govern- ments. 6.5 At the request of any Initiating Government or any other local governments, the Board may represent such governments in water resources activities outside the scope of the Planning Process under HB 2514. Such activities could include, but are not limited to, application and administration of grant funds for salmon habitat restoration, coordinated water system planning and coordination of local government habitat restoration and species recovery planning for purposes of the Endangered Species Act. 7. AGENCY AND PUBLIC PARTICIPATION The Agency shall work in cooperation with the YN, state and federal agencies, and local governments. Public participation through public hearing and other methods shall be provided by the Agency as part of its management of the planning process. TCWRA Fourth Intergovernmental Agreement Page 7 8. PROTECTION OF EXISTING RIGHTS The Watershed plan authorized by HB 2514 and this Agreement shall not contain any provisions that (a) are in conflict with existing state statutes, federal laws, or tribal treaty rights; (b) impair or diminish in any manner any existing water right evidenced by a claim filed in the water rights claim registry established under Chapter 90.14 RCW or a water right certificate or permit; of (c) violate any other provision of Section 8 or HB 2514. The Watershed Plan envisioned by this Agreement is intended to have prospective application only with regard to water right applications, and to serve as a guide for future water resource allocation and protection decisions for the Yakima River basin by the Initiating Governments, state and federal agencies, and other local governments in the planning area. 9. INTERGOVERNMENTAL AGREEMENT This Agreement constitutes an exercise of the Initiating Governments' authority under Chapter 39.34 RCW, the Interlocal Cooperation Act. Copies of this Agreement and the resolutions from each initiating Government authorizing the execution hereto shall be filed with the county auditor of each County, the State Department of Community, Trade and Economic Development, and the Secretary of State. 10. EFFECTIVE DATE/TERM OF AGREEMENT 10.1 This Agreement shall be effective as of January 1, 2003, and the Interlocal Agreement dated November 7, 1995, between Yakima County, Benton County, and Kittitas County; the Memorandum of Agreement dated May 18, 1998; the First Amended Interlocal Agreement dated July 9, 1998; the Second Intergovernmental Agreement dated March 4, 1999; and the Third Amended Intergovernmental Agreement dated August 17, 2000, shall be replaced and superseded by this Fourth Amended Intergovernmental Agreement, immed- iately upon its execution by each of the Initiating Governments identified. 10.2 This Agreement automatically terminates effective at any time the Agency does not have sufficient funds necessary to meet current planning costs, unless the Initiating Governments each agree to contribute the sufficient funding necessary to meet planning costs for the current fiscal year. 10.3 Unless earlier terminated under Section 10.2 or by written notice from each of the Initiating Governments, this Agreement shall terminate on or before December 31, 2003, if it is not extended by written agreement approved by each Initiating Government's legislative authority prior to such date. 10.4 The Operational Agreement among Yakima River Watershed Planning Initiating Governments dated December 15, 1998, shall be rescinded. TCWRA Fourth Intergovernmental Agreement Page 8 11. ADOPTION/AMENDMENT 11.1 This Agreement may be executed in any number of counterparts, all of which shall constitute one Agreement. The execution of one counterpart by any party shall have the same force and effect as if the party had signed all other counterparts. This Agreement may be amended at any regular or special meeting of the Tri -County Water Resource Board with the unanimous approval of the designated representatives of the Initiating Govern- ments. Amendments shall be numbered and attached to the Agreement and distributed as set forth in Section 9. 11.2 In the event that this Agreement or any part herein; or any prior Intergovernmental Agreement for the Tri -County Water Resource Agency or any part therein, or any action of the Tri -County Water Resource Agency, is determined to be unauthorized or invalid, the parties reserve the right to take whatever steps necessary to correct any invalidation or unauthorized action as agreed upon by the Initiating Govern- ments herein. Approved as to form: BENTON COUNTY BOARD OF COMMISSIONERS ATTEST: Chairman Date Member Clerk of the Board Member Approved as to form: YAKIMA COUNTY BOARD OF COMMISSIONERS ATTEST: Chairman Date Member Clerk of the Board Member TCWRA Fourth Intergovernmental Agreement Page 9 ATTEST: City Clerk Contract No. 99-08 CITY OF YAKIMA City Manager CITY CONTRAcrNO: ROZA IRRIGATION DISTRICT RESOLUTION NO: ?tt95'/9� f:\clients\lem\tri-county\intergov agr.4th.doc 3/26/2003 4:22 omslp rev 050503 Date Manager SUNNYSIDE VALLEY IRRIGATION DISTRICT Date Manager YAKIMA-TIETON IRRIGATION DISTRICT Date Manager Date TCWRA Fourth Intergovernmental Agreement Page 10