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City of Vancouver, WA
Interlocal Agreement Between Clark County and the city of Vancouver Relating to Community Development Department Services

THIS AGREEMENT is made and entered into this day by and between Clark County, a County in the State of Washington (hereinafter referred to as the "County") and the City of Vancouver, a municipal corporation in the State of Washington (hereinafter referred to as the "City"), and is applicable to all properties located within the geographic areas described in Exhibit "A" herein referred to as the "annexation area", attached hereto and incorporated by this reference.

WHEREAS the City has stated its intention to annex various areas of unincorporated Clark County; and

WHEREAS all local governmental authority and jurisdiction with respect to the newly annexed area transfers from the County to the City upon the effective date of annexation; and

WHEREAS the County has received building and land use development related permit applications on properties within the annexation area prior to the effective date of annexation; and

WHEREAS the County and the City agree that the City will, as much as practical, assume full responsibility for planning and building related permits as on the effective date of annexation; and

WHEREAS the County and the City further agree, however, that having the County continue to process certain building permit applications and land use applications on behalf of the City for a transitional period will assist in an orderly transfer of authority and jurisdiction; and

WHEREAS it is the parties intent by virtue of this agreement that processing of applications be administrative and ministerial only, and that any and all discretionary actions will be made by the City; and

WHEREAS the County has received various complaints on properties within the annexation area prior to the effective date of annexation that are subject to the County's code enforcement program; and

WHEREAS the County and the City agree that the City will assume full responsibility for code enforcement as on the effective date of annexation as more specifically set out in this agreement; and

WHEREAS the County has currently has a Conflict Resolution Center which provides mediation services to the annexation area; and

WHEREAS the County supports its Dispute Resolution Center with a surcharge fee collected through the County's court system; and

WHEREAS residents within the incorporated areas as well as residents of the unincorporated areas pay these court fees; and

WHEREAS it is appropriate that these fees be shared with the City to help fund the City's Neighborhood Mediation Center; and

WHEREAS it would be a more efficient use of resources to consolidate the two programs into one program that could provide services to the City of Vancouver, other cities within Clark County, and the unincorporated Clark County area; and

WHEREAS such a merger will also result in less confusion among citizens and referring agencies, and more effective mediation services for the general public; and

WHEREAS this agreement is authorized by the Interlocal Agreement Act, RCW 39.34;

NOW, THEREFORE, in consideration of the terms and conditions contained herein, it is mutually agreed by and between the County and the City as follows:

TABLE OF CONTENTS

Section 1. Building Permits

A. New Permit Applications
B. Permits Applications Already in Process
C. Types of Permits
D. Exceptions and Vesting
E. Procedure for Continued Processing of Permit Application
F. Renewals and Extensions
G. Building Codes Enforcement
H. Transfer of Files and Sharing Information
I. Transfer of Employees
J. Payment of Funds to the City
K. Advisory Notice

Section 2. Land Use Related Application Review

A. Types of Permits Included
B. New Land Use Applications
C. Land Use Applications Already in Process
D. List of Applications in Process
E. Short Plats, Subdivisions and Planned Developments
F. Hearings, Decisions and Notice
G. Hearing Examiner
H. Appeals
I. Special Permits and Regulations
J. Adoption of New Regulations
K. SEPA Compliance
L. Enforcement
M. Assignment of County Employees to the City
N. Transfer of Employees to the City
O. Payment of Funds to the City
P. Transfer of Files and Sharing Information
Q. Advisory Notice
R. Summary of Dates Presented in this Agreement

Section 3 Development Engineering

A. New Permit Applications
B. Permits Applications Already in Process
C. Types of Permits
D. Exceptions and Special Provisions
E. Procedure for Continued Processing of Permit Applications
F. Renewals and Extensions
G. Development Engineering Enforcement
H. Transfer of Files and Sharing Information
I. Transfer of Employees to the City
J. Payment of Funds to the City
K. Advisory Notice

Section 4 Fire Plan Review and Inspections

A. New Applications
B. Building Applications in Process
C. Land Use Applications in Process
D. Transfer of Employees and Equipment

Section 5 Growth Management

Section 6 Code Enforcement

A. City Responsible for All Code Enforcement Upon Annexation
B. Code Enforcement Defined
C. Code Enforcement Actions in Process
D. Other Enforcement Actions
E. Transfer of Employees, Funds and Equipment
F. Transfer of Files and Sharing Information

Section 7 Mediation

A. Programs Merged
B. New Name
C. Advisory Committee Established
D. Transfer of Employees and Equipment
E. Volunteers
F. Transfer and Use of Funds
G. Transfer of Files and Sharing Information
H. Changes to Resolutions and Ordinances

SECTION 1. BUILDING PERMITS

A. NEW PERMIT APPLICATIONS

As of the date of annexation, all new applications for plan review and building and related permits on those properties within the annexed area shall be submitted to the City which shall assume jurisdiction thereof.

B. PERMITS APPLICATIONS ALREADY IN PROCESS

As of the date of annexation, the City will assume jurisdiction of all permit applications already in the County's plan review and inspection process as of the date of annexation, with the exception of those permits or type of permits listed in Section 1, Subsection D.2. and in accordance with the procedures set out in Section 1, Subsection E.

C. TYPES OF PERMITS

1. The types of building related permits that are covered within this agreement include but are not limited to:
   • residential and commercial building permits

   • grading and site preparation

   • mechanical permits

   • plumbing permits

   • occupancy permits, including tenant occupancy permits

   • fire systems and fire sprinkler permits

   • hazardous material permits

   • building permit related grading and clearing permits

   • demolition permits and are hereinafter referred to as "building and related permits."

D. EXCEPTIONS AND VESTING

1. For those applications that are vested under County regulations, review shall be in accordance with those County regulations under which the application is vested.

2. The exceptions to the City assuming jurisdiction for building and related permits inspection shall be as follows:
   a. one and two unit residential dwelling units if the building permit has been issued by the County prior to the date of annexation;

   b. projects other than one and two unit residential dwelling units that are substantially complete, such that only a final inspection remains to be done;

   c. any other project for which a permit has been issued when the City and the County mutually agree said permit should continue to be processed by the County, as provided for in Section E. below.

   For these exceptions, the County will continue to provide building inspection services, including final inspections and issuance of certificates of occupancy at the completion of the projects.

E. PROCEDURE FOR CONTINUED PROCESSING OF PERMIT APPLICATION

1. Prior to the execution of this agreement, the County will prepare and send to the City a preliminary list of all pre-annexation plan review, building and related applications and permits pending within the annexed area, except for one and two unit residential dwelling permits. A final list will be prepared and delivered to the City within 30 days after annexation.. The City and County may mutually agree to exclude from this agreement any permits or applications on the list. Such exclusion shall be by written notice to the County within 15 days following receipt of the applicable list. (If there is no mutual agreement to exclude a particular application, then the City automatically accepts responsibility for the application.) The City and County may thereafter notify one another of any additional permits or applications either wishes to exclude.

2. If the building permit application has been received by the County prior to the annexation, and processing and plan review has not yet started on the effective date of annexation, the permit application and associated plan review fees shall be transferred to the City. The City shall accept the plan review fees as its full plan review fees, and shall then assume responsibility for the review and processing of the application, including providing the inspection services. If the applicant has already paid the building permit fees to the County, the County shall reimburse said fees to the applicant, who shall then pay building permit fees to the City at the same rate as set by the County.

3. If the County has accepted the plan review fee and has started on the plan review but has not yet issued a permit, the County shall complete said plan review but NOT issue a building permit. The County would then transfer the complete application to the City, which shall accept the plans reviewed and approved by the County. If the applicant has already paid the building permit fees to the County, the County shall reimburse said fees to the applicant, who shall then pay the City building permit fees to the City. The City will thereupon be responsible for all further processing and inspections related to the application at the same rate as set by the County.

4. If the building permit has been issued and construction has begun, the County would relinquish jurisdiction to the City to complete the work authorized under the County permit, with the exceptions noted in Section 1, Subsection D.2. The City will be responsible for coordination with Washington State Department of Labor and Industry concerning electrical inspections and fees.

   Notwithstanding the above, for projects that are substantially complete, such that only a final inspection remains, the County shall complete the inspection process and be responsible for issuing any required certificates of occupancy.

5. For any applications within the annexed area erroneously received by the County following the effective date of annexation, the County shall return fees collected directly to the applicant.

F. RENEWALS AND EXTENSIONS

For those projects remaining with the County, the County agrees NOT to accept requests for permit renewals or extensions. The County further agrees to accept requests for ancillary permits only for mechanical or fire systems for buildings under construction, and when such ancillary permits are necessary to complete construction of the project under the terms of this agreement. The County will NOT accept permit applications that seek to extend the use or dimensions of the project under construction, or which seek approval for free standing signs, tenant improvements, or accessory structures.

G. BUILDING CODES ENFORCEMENT

The County will be responsible for completing any enforcement actions pending at the time of annexation. Within 30 days of the effective date of annexation, the County will provide a list to the City of all pending enforcement actions relating to building permits. The County, by mutual agreement with the City, may transfer enforcement responsibility to the City for specific projects.

H. TRANSFER OF FILES AND SHARING INFORMATION

1. The County agrees to allow the City staff access to the County's computerized permits tracking system by January 1, 1997 in such a manner that the City staff can enter plan review and inspection data onto the system for those properties annexed into the City.

2. The County agrees to transfer all relevant paper files to the City for those areas annexed to the City within 30 days following annexation, except for single and two family dwellings.

3. The County will continue to microfilm all single-family and two-family permits issued by the County within the annexed area prior to annexation, and to make those files available to the City as needed.

I. TRANSFER OF EMPLOYEES

1. The transfer of employees shall be in accordance with the Inter-Agency Personnel Transfer Memorandum of Understanding, except as specifically modified herein.

2. Instead of reimbursing permit fees to the City, the County agrees to transfer County staff as per the attached schedule. The County further agrees to reimburse the City a sum equivalent to said employees salaries, benefits and overhead according to the following schedule:
   • First month 100%

   • Second month 50%

   • Third month 25%

   • After three months 0%

   The overhead amount shall be calculated in accordance with either the City's or County's normal formula for cost allocation of overhead expenses, using whichever produces the lower overhead figure.

J. PAYMENT OF FUNDS TO THE CITY.

1. Any equipment transfers shall be in accordance with the Finance and Administration Agreement. Transfer of equipment shall be subject to a separate schedule of transfer as to usefulness and price as agreed to by the Clark County and City of Vancouver Purchasing Departments.

K. ADVISORY NOTICE

The County and City will each prepare and have available for applicants and other interested parties a document describing the handling of building permits and related applications based on this agreement. The County agrees to provide a general advisory notice that any new building and related permit requests within the area to be annexed or annexed must be submitted to the City after the effective date of annexation.

SECTION 2. LAND USE RELATED APPLICATION REVIEW

A. TYPES OF PERMITS INCLUDED

The type of land use related applications and permits within this grant of authority shall include, but are not limited to:

• site plan review;
• conditional use permits;
• development code variances;
• boundary line adjustments;
• planned developments including master planned developments;
• subdivisions and short plats;
• land use related grading and clearing permits;
• shoreline permits;
• home occupation permits;
• wetland permits;
• sign permits; and
• development agreements.

B. NEW LAND USE APPLICATIONS

Commencing on the date of annexation all new land use related applications on those properties which have been annexed will be submitted to the City, which shall assume jurisdiction thereof, and which shall be responsible for all review and processing of said applications.

C. LAND USE APPLICATIONS ALREADY IN PROCESS

1. The City recognizes the County’s contingent vesting process. Land use applications or counter complete preapplications within the annexed area, filed with the County prior to the date of annexation and determined to be technically complete by the County as per Clark County Code 18.600.055, shall continue to be processed by the County under County regulations, unless specifically excluded as per Section 2, Subsection D.

2. The City may process certain applications under County regulations. These include applications or counter complete preapplications filed with the County prior to annexation, determined to be technically complete by the County as per Clark County Code 18.600.055, and either excluded from this agreement as per Section 2, Subsection D., or transferred to the City as per Section 2, Subsection C.7.

3. Applications which are not contingently vested will be treated as new applications, subject to City regulations. This includes applications filed with the County prior to annexation, and determined NOT to be technically complete by the County as per Clark County Code 18.600.055.

4. The City may contract with the County for processing of new applications submitted to the City after the date of annexation, and for those applications the City is processing in accordance with Section 2, Subsection C.7.

5. Any new application submitted to the City after the date of annexation being processed by the County under a contract for services with the City shall be processed under City development codes, procedures and fees.

6. This agreement does not apply to any annexation area applications transferred to the City or accepted, reviewed or otherwise processed by the City prior to the date of annexation. Further, if the City begins to process an application prior to the date of annexation, it will do only so as a courtesy to the applicant, and no vested rights shall accrue to the property owner as a result of the City's provision of such advance services. The City will not make any final decisions or grant any permits prior to the date of annexation.

7. One year following the date of annexation all land use applications which were submitted to the County prior to the effective date of annexation, regardless of the project's vesting status, shall be transferred to the City for further review and completion under County regulations. However, short plats, subdivisions and planned developments are excepted from this date, and will instead transfer to the City at the completion of a phase, as described in Section 2, Subsection E. herein.

8. Following the date of annexation, the County will not grant time extensions for preliminary or final subdivision plats, planned development approvals or temporary permits without approval of the City.

9. The County will advise applicants that any new land use permits requested within the boundaries of the annexation areas must be submitted to the City following the effective the date of annexation.

10. Applicants who have filed an application with the County and wish to submit an application to the City for the same project must first withdraw their application from the County. Applicants shall not vest under County regulations and have their applications processed under City regulations.

D. LIST OF APPLICATIONS IN PROCESS

1. The County will prepare and send to the City prior to the execution of this agreement, a preliminary list of all pre-annexation planning related permits pending within the annexed area. A final list will be prepared and delivered to the City within 30 days of the date of annexation. The City and County may mutually agree to exclude from this agreement any permits or applications on the list, meaning that the City will process the applications under County regulations. Such exclusion shall be by written notice to the County within 15 days following receipt of the final applicable list. The City and County may thereafter mutually agree to exclude from this agreement any additional permits or applications on the list.

2. Six months following the date of annexation, the City and County will jointly review the status of the applications in process.

E. SHORT PLATS, SUBDIVISIONS AND PLANNED DEVELOPMENTS

1. In those cases where preliminary approval of a short plat, subdivision or planned development has been granted prior to annexation, the County shall complete the staff work on whichever post-preliminary approval phase the project is in at the time of annexation. The County will then forward the application to the City, which shall take responsibility for all further processing and decisions under County regulations. Provided that as per CCC 18.600.055 and RCW 58.17.170, such further processing shall be under those County regulations in effect on the date of application. For purposes of this agreement, "post-preliminary approval review phases" include:
   a. final Planned Development approval

   b. final plat approval, engineering plan approval and construction inspections

   c. acceptance of public improvements and of maintenance guarantee

   d. release of maintenance guarantee

2. Nothing in this agreement shall prohibit the City from negotiating with the County, on a case-by-case basis, for additional work and completion of subsequent post preliminary approval review phases.

3. All financial guarantees required of the applicant shall be transferred or assigned to the City at the completion of the current review phase to secure compliance with the requirements of subsequent review phases. If the financial guarantee cannot be assigned to the City, the County will enforce the provisions of such guarantee on behalf of the City in accordance with this agreement. The City shall then have sole discretion over the assessment of required performance and the release of said guarantees. (As an example, if the County completes the final inspection of the construction, the City would then accept the improvements, along with the maintenance bond guaranteeing such improvements.)

4. All final plats submitted after the date of annexation shall be signed by the responsible officials designated in the City Development Code.

F. HEARINGS, DECISIONS AND NOTICE

1. The County shall solicit comments from the City for those applications submitted to the County prior to the date of annexation which are being processed under Section 2, Subsection C.1 of this section, and provide copies of its staff report and recommendations to the City.

2. The County will prepare a draft staff report for review and release by the City's Community Development Director or designee to the City's designated decision maker when the County is processing applications under a service contract with the City pursuant to Section 2, Subsection C.4 of this section.

3. The County shall be responsible for scheduling, providing notice of, and conducting any public hearings required in conjunction with the application for County Type II decisions appealed to the County Hearings Examiner, or for County Type III decisions submitted prior to the date of annexation as per Section 2, Subsection C.1. The City shall be responsible for scheduling, providing notice of, and conducting any required public hearings for all applications being processed by the County under a service contract with the City as per section C.4.

G. HEARING EXAMINER

The County will continue to conduct at County's expense any quasi-judicial hearings before the County Hearings Examiner related to those land use permits or applications being processed under Section 2, Subsection C.1. of this agreement. It shall continue its review of said application until a decision is made, or until the date prescribed in Section 2, Subsection C.7 of this agreement.

H. APPEALS

1. Appeals filed on applications which the County is processing under Section 2, Subsection C.1. of this section shall go the appeals body specified in the County Development Code.

2. Appeals filed on any project which the County is processing under a service agreement with the City, under Section 2, Subsection C.4 of this agreement, shall go to the appeals body specified in the City Development Code. The County will process said appeals and provide a draft staff report for review and release by the City's Community Development Director or designee to the City appeals body.

I. SPECIAL PERMITS AND REGULATIONS

As of the effective date of annexation, the County will act as an agent for the City for on-going processing and enforcement of any forest practices and wetland applications, in accordance with the City’s code and regulations dealing with such permits, for properties within the annexed area. The plans and fees for any new application will be submitted to the City. The fee will be set in an amount that the City and County agree is adequate to cover the County's cost of administering such permits, and will be used to reimburse the County for its costs in reviewing such applications, without further reimbursement from the City.

J. ADOPTION OF NEW REGULATIONS

1. Prior to the effective date of annexation, the City shall adopt a concurrency ordinance prescribing the timing of infrastructure improvements. At the least, the City will adopt the County's concurrency ordinance in effect prior to the date of annexation.

2. The City will adopt such other regulations by the date of annexation which may be necessary to protect the public interests, including but not limited to an "airport" overlay zone.

3. The City will consider as binding any conditions of concomitant rezones, as well as any development agreements entered into between the County and the property owner(s), as per VMC Chapter 20.03.120.

K. SEPA COMPLIANCE

1. All SEPA regulatory review shall be tied to the primary application. The County shall provide environmental review under SEPA on all applications which are being processed under Section 2, Subsection C.1 of this section. The City will assume responsibility for the environmental review of any application which the City has excluded from this agreement as per Section 2, Subsection D., or which the City is processing under Section 2, Subsection C.7.

2. Any applications which the County is processing under a service contract with the City, as per Section 2, Subsection C.4 of this agreement, shall be reviewed under the City's SEPA requirements.

3. For applications being processed by the County under Section 2, Subsection C.1, the County's SEPA "Responsible Officer" will make threshold determinations and supervise the preparation and content of any environmental review.

4. At the time of the effective date of annexation, if the County has determined that an environmental impact statement is necessary for an application, the County shall be responsible for the completion of such impact statement up to the hearing stage on the environmental impact statement. The City may, however, at its option, assume lead agency status and complete the environmental impact statement instead of the County.

5. The County will notify the City's Responsible Official when a SEPA determination is required, and will not take final action upon the application until the City's Responsible Official has been notified, for those applications which were submitted to the County prior to annexation.

6. The County shall hear any and all pending and future appeals from the County's SEPA threshold determinations and other SEPA matters relating to projects being processed under Section 2, Subsection C.1.

L. ENFORCEMENT

1. The County may, as independent contractor on behalf of the City, enforce conditions of approval for those applications over which the County has retained review authority pursuant to this agreement. The County will continue to have responsibility for any County enforcement actions related to County land use codes violations within the annexed areas pending as of the date of annexation.

2. The County will provide the City with a preliminary listing of all pending enforcement actions relating to County land use related code enforcement prior to the execution of this agreement and a final list within 30 days of annexation.

3. The City may, as independent contractor on behalf of the County, enforce conditions placed upon applications by the County, when the City and County have agreed to transfer such applications to the City for processing under County development codes.

M. ASSIGNMENT OF COUNTY EMPLOYEES TO THE CITY

1. At the City's request, the County will assign planning staff to the City to assist with the additional City workload during the transition for a period of 180 days from the date of annexation unless otherwise extended. The County will bill the City for such staff on an hourly basis. The City shall compensate the County for said employees salaries, benefits, and overhead. The exact hourly fee and estimated number of hours per week will be described in a separate letter of agreement between the City and County.

2. Control of personnel assigned by the County to process applications under this agreement shall remain with the County. Standards of performance, discipline and all other aspects of performance shall be governed by the County. The City may, however, request reassignment of any County employee working under a service contract with the City.

3. No later than 180 days after annexation (unless otherwise extended) the City will be fully staffed to provide development related services to the newly annexed area. However, the City and County may, by mutual agreement, continue to make County staff available to the City on a contractual basis.

4. The County shall bill the City monthly and the City shall pay the County monthly for the services rendered by the County under this agreement. The City shall remit payment in full to the County within thirty (30) days of receipt of a bill from the County.

N. TRANSFER OF EMPLOYEES TO THE CITY

• Within 45 days of annexation the City and County will specify in a written agreement the number of employees and terms of transition of County employees to the City.

• Notwithstanding this, it is the intent of the County and City to transfer certain employees to the City within 180 days after annexation. Attached is a list of positions to be transferred (see Exhibit "1").

• The terms of transfers shall be governed by the Inter-Agency Personnel Transfers Memorandum of Understanding.

O. PAYMENT OF FUNDS TO THE CITY

1. Any equipment transfers shall be in accordance with the Finance and Administration Agreement. Transfer of equipment shall be subject to a separate schedule of transfer as to usefulness and price as agreed to by the Clark County and City of Vancouver Purchasing Departments.

P. TRANSFER OF FILES AND SHARING INFORMATION

1. The County agrees to allow the City staff access to the County's computerized permits tracking system by the date of annexation so that the City staff can enter review notes onto the system for those properties annexed into the City.

2. The County agrees to make all relevant paper files available to the City prior to the execution of this agreement for those areas being annexed to the City, and to actually transfer such files within six months following annexation. This does not include those applications that the County is continuing to process under the terms of this agreement.

Q. ADVISORY NOTICE

The County agrees to provide a general advisory notice that any new land use application within the annexation area must be submitted to the City after the effective the date of annexation.

R. SUMMARY OF DATES PRESENTED IN THIS AGREEMENT

The following table illustrates the dates agreed to within this Section (Current Planning), assuming the date of annexation is January 1, 1997:

• December 1, 1996 preliminary list of applications in process prepared and delivered to City.

• December 1, 1996 County provides a list of all pending enforcement actions.

• December 1, 1996 paper files accessible to City staff

• January 1, 1997 by this date, city has adopted concurrency ordinance, and other ordinances such as an airport overlay zone.

• January 1, 1997 by this date, City has adopted a fee schedule adequate to cover County's cost of administering forest practices and wetlands permit applications.

• January 1, 1997 City has access to County permits tracking system.

• January 1, 1997 County begins providing services to the City on a contractual basis for new applications.

• January 1, 1997 City begins signing final subdivision or short plats submitted after this date.

• February 1, 1997 final list of applications in process prepared and delivered to City.

• February 1, 1997 final list of pending enforcement actions.

• February 15, 1997 City and County agreement on number of employees and terms of transfer of employees.

• June 1, 1997 transfer of employees completed; City begins providing services directly; stops contracting with County for processing of new applications.

• June 1, 1997 transfer of equipment to City completed.

• July 1, 1997 paper files transferred to City.

• July 1, 1997 City and County "checkpoint" review of applications being processed by County.

• January 1, 1998 all remaining applications which were submitted to the County prior to annexation are transferred to the City, (except for short plats, subdivisions and planned developments).

  After January, 1998 Short plats, subdivisions and planned developments transferred to City at the end of a phase.

  SECTION 3. DEVELOPMENT ENGINEERING

  A. NEW PERMIT APPLICATIONS

  As of the date of annexation, all new applications for water quality and transportation related plan review and permits on those properties within the annexed area shall be submitted to the City which shall assume jurisdiction thereof.

  B. PERMITS APPLICATIONS ALREADY IN PROCESS

  1. Those applications that are already in process that are tied to or would be considered a planning application will be processed in accordance with Section 2 of this agreement (Land Use).

  2. Those applications that are tied to or would be considered a building permit will be processed in accordance with Section 1 of this agreement (Building Permits).

  3. Those applications which are neither of the above will be processed in accordance with this Section 3 (Development Engineering), subsection D.

  C. TYPES OF PERMITS

  The types of water quality related plan reviews, permits and inspections covered within this agreement include but are not limited to:

  • subdivision, short plats and planned developments, both preliminary and final

  • drainage reviews

  • development engineering final plan review

  • floodplain review

  • floodplain permit

  • grading and site preparation

  • stormwater variance

  • wetland applications, including predeterminations and permits

  • road modifications

  Hereinafter referred to as "development engineering related permits".

  D. EXCEPTIONS AND SPECIAL PROVISIONS

  1. Certain grading and site preparation permits are not tied to a separate building or planning application. The County will continue to process these types of grading and site preparation permit applications for complete applications filed with the County prior to the date of annexation. However, if the County has not yet issued the permit as of the date of annexation, it will request comments from the City on the application prior to issuance.

     2. The County may contract with the City for processing of applications or permits which are in plan review, permitting, or inspection by the County prior to the date of annexation as specified in 3.C. Wetland applications, predeterminations and permits are exempted from this contractual agreement.

  E. PROCEDURE FOR CONTINUED PROCESSING OF PERMIT APPLICATIONS

  The following will apply to water quality or transportation engineering related applications which are NOT covered by Section 1, Building Permits, or Section 2, Land Use.

  1. Prior to the execution of this agreement, the County will prepare and send to the City a preliminary list of all pre-annexation plan reviews and permits within the annexed area. A final list will be prepared and delivered to the City within 30 days after the date of annexation.. The City and County may mutually agree to exclude from this agreement any permits or applications on the list, meaning the City will process the applications under County regulations. The City shall provide written notice to the County of permits or applications it would like to exclude within 15 days following receipt of the applicable list. (If there is no mutual agreement to exclude a particular application, then the City automatically accepts responsibility for the application.) The City and County may thereafter notify one another of any additional permits or applications either wishes to exclude.

  2. The permit application and associated plan review fees shall be transferred to the City if the permit application has been received by the County prior to the annexation, and processing and plan review has not yet started on the effective date of annexation. The City shall accept the plan review fees as its full plan review fees, and shall then assume responsibility for the review and processing of the application, including providing the inspection services. If the applicant has already paid the permit fees to the County, the County shall reimburse said fees to the applicant, who shall then pay permit fees to the City.

  3. If the County has accepted the plan review fee and has started on the plan review but has not yet issued a permit, the County shall complete said plan review but NOT issue a permit. The County will then transfer the complete application to the City, which shall accept the plans reviewed and approved by the County. The City will thereupon be responsible for all further processing and inspections related to the application.

  4. If the permit has been issued and construction has begun, the County will complete the work authorized under the County permit.

  5. For any applications within the annexation area erroneously received by the County following the effective date of annexation, the County shall return fees collected directly to the applicant.

  F. RENEWALS AND EXTENSIONS

  For those projects remaining with the County, the County agrees NOT to accept requests for permit renewals or extensions unless approved by the City.

  G. DEVELOPMENT ENGINEERING ENFORCEMENT

  The County will be responsible for completing any enforcement actions pending at the time of annexation. The County will provide a list to the City of all pending enforcement actions relating to development engineering related permits within 30 days of the effective date of annexation. The County shall have the authority to transfer enforcement responsibility to the City for specific projects, if accepted by the City.

  H. TRANSFER OF FILES AND SHARING INFORMATION

  1. The County agrees to allow the City staff access to the County's computerized permits tracking system in such a manner that the City staff can enter plan review and inspection data onto it by the date of annexation.

  2. The County agrees to transfer all relevant paper files and construction drawings to the City for those areas annexed to the City within 180 days following annexation, unless they are still being used by the County to complete inspections.

  I. TRANSFER OF EMPLOYEES TO THE CITY.

  1. As of the date of annexation, the County will transfer employees to the City. Attached is a list of positions to be transferred to the City (see Exhibit "1").

  2. The terms of transfers shall be governed by the Inter-Agency Personnel Transfers Memorandum of Understanding.

  J. PAYMENT OF FUNDS TO THE CITY

  Any equipment transfers shall be in accordance with the Finance and Administration Agreement. Transfer of equipment shall be subject to a separate schedule of transfer as to usefulness and price as agreed to by the Clark County and City of Vancouver Purchasing Departments.

  K. ADVISORY NOTICE

  The County and City will each have a document available for applicants and other interested parties describing the handling of development engineering permits and related applications based on this agreement. The County agrees to provide a general advisory notice that any new water quality related permit requests within the annexation area must be submitted to the City after the effective date of annexation.

  SECTION 4. FIRE PREVENTION SERVICES

  A. FIRE CODE ENFORCEMENT, EXISTING OCCUPANCY INSPECTION AND FIRE INVESTIGATION

  Commencing on the date of annexation City shall assume full responsibility for enforcement of the various codes and ordinances relative to fire protection in the newly annexed areas. Such enforcement shall include the periodic inspection of new and existing occupancies, issuance of fire code permits, collection of fees, fire investigation and any other functions consistent with City of Vancouver ordinances, policies and practices.

  B. NEW BUILDING, PERMIT OR DEVELOPMENT APPLICATIONS

  Commencing on the date of the annexation all new building and land use applications on those properties which have been annexed to the City will be submitted to the City, which shall assume jurisdiction thereof, and which shall be responsible for all fire code related review and inspection associated with said application.

  C. BUILDING APPLICATIONS IN PROCESS

  Building permits will be processed in accordance with Section 1 of this agreement.

  D. LAND USE APPLICATIONS IN PROCESS

  Planning and land use review and permits will be processed in accordance with Section 2 of this agreement.

  E. TRANSFER OF FILES AND SHARING OF INFORMATION

  1. The County agrees to allow City staff access to the County’s databases and related electronic files of affected areas by the date of annexation.

  2. County agrees to allow City staff access to paper files for the purposes of transferring information to the City for those annexed areas.

  F. TRANSFER OF EMPLOYEES, FUNDS AND EQUIPMENT

  1. Employees. The City will require additional resources to maintain existing levels of service in newly annexed areas. Conversely, annexation of particular areas will have varying affect on the County’s workload and resource needs. Positions transferred to the City will be in accordance to Exhibit "1". If due to fluctuations in workload created by annexations the transfer of employees between the County and the City is required, such transfer shall occur in accordance with the Inter-Agency Personnel Transfers Memorandum of Understanding.

  2. Any equipment transfers shall be in accordance with the Finance and Administration Agreement. Transfer of equipment shall be subject to a separate schedule of transfer as to usefulness and price as agreed to by the Clark County and City of Vancouver Purchasing Departments.

  G. ASSIGNMENT OF EMPLOYEES TO THE CITY

  At the City’s request, County will assign fire prevention staff to the City to assist in workload demands. Such assignment will occur in accordance with the provisions of Section 2m of this agreement unless another mutually acceptable agreement is developed.

  H. CONTRACT SERVICES

  City agrees to provide staff similarly under separate agreement to assist County in meeting workload needs.

  I. ENFORCEMENT

  The City shall extend to the County and the County shall extend to the City enforcement authority similar to that provided to other City officials in performing duties subject to the terms of this agreement.

  SECTION 5. GROWTH MANAGEMENT

  A. As of the date of annexation, the City assumes responsibility for all long range planning and growth management services within the annexed area.

  B. No transfer of employees is anticipated for at least the first 12 months following annexation. The terms of any employee transfers shall be governed by the Inter-Agency Personnel Transfers Memorandum of Understanding.

  C. No transfer of equipment is necessary as a result of this annexation.

  D. The City does not expect to contract with the County for on-going growth management services. However, nothing in this agreement shall preclude the City and the County from working collaboratively on special projects, from jointly funding certain planning projects, or from either contracting with the other for specialized services.

  SECTION 6. CODE ENFORCEMENT

  A. CITY RESPONSIBLE FOR ALL CODE ENFORCEMENT UPON ANNEXATION

  As of the effective date of annexation, the City assumes responsibility for all code enforcement actions, except as otherwise noted herein in Section 6, subsection C.

  B. CODE ENFORCEMENT DEFINED

  For purposes of this agreement, "Code Enforcement" means ensuring compliance with the Building Codes, Zoning Ordinance and Development Codes, Nuisance Ordinance, and Wetland and Erosion Control ordinances. As a point of reference, the County Code Enforcement does not currently include handling abandoned vehicles within the public right-of-ways, or eliminating graffiti on buildings, as the City program does. The County's program includes enforcing tall grass regulations, which is handled by the Fire Department in the City. Otherwise the two programs are very similar.

  C. CODE ENFORCEMENT ACTIONS IN PROCESS

  1. The City will be responsible for completing any enforcement actions pending at the time of annexation, except as provided in subsection C.2. The City, by mutual agreement with the County, may enter into a separate enforcement service contract with the County for managing specific cases.

  2. The County shall continue to process those enforcement issues where a citation has already been issued through the County's Hearings Examiner and appeals body.

  3. The City will accept responsibility for further enforcement of or modification to any compliance agreement already in effect.

  4. The County shall inform the City Code Enforcement Officer of any pending compliance agreements, where a compliance agreement is being negotiated after annexation. The City may then, at its' option, be a party to any such compliance agreements.

  D. OTHER ENFORCEMENT ACTIONS

  Where the County incurred expenses abating a code violation, the County may assess a lien on the property on which the code violation existed. The County may collect on said lien in accordance with the County's normal process for such.

  E. TRANSFER OF EMPLOYEES, FUNDS AND EQUIPMENT

  1. As of the date of annexation, the County will transfer employees consistent with the attached list of positions (see Exhibit "1").

  2. The terms of transfers shall be governed by the Inter-Agency Personnel Transfers Memorandum of Understanding.

  3. Any equipment transfers shall be in accordance with the Finance and Administration Agreement.

  F. TRANSFER OF FILES AND SHARING INFORMATION

  1. The County agrees to allow the City staff access to the County's computerized code enforcement files by the date of annexation. The City staff will be able to enter new information onto the system for those properties annexed into the City, as well as to retrieve information regarding past case files on those properties.

  2. The County agrees to transfer all relevant paper files to the City for those areas annexed to the City within 30 days following annexation.

  SECTION 7. MEDIATION

  A. PROGRAMS MERGED

  As of January 1, 1997, the City and the County will merge the County's Dispute Resolution Center and the City's Neighborhood Mediation office. The City will assume responsibility for offering neighborhood mediation services to all Clark County residents.

  B. NEW NAME

  The name of the program will be the "Community Mediation Services" program.

  C. ADVISORY COMMITTEE ESTABLISHED

  1. Representatives of the County and City will jointly appoint a citizen advisory committee prior to March 1, 1997. The role, powers, structure and composition of the advisory committee will be prescribed in a separate document to be drafted by January 1, 1997, for consideration by the Board and Council. Generally, the Committee will be composed of approximately five members, who will meet at least quarterly.

  2. The purpose of the Community Mediation Services Advisory Committee is to:
     • ensure equitable distribution of mediation services throughout the County;

     • review reports from staff and clients on program results;

     • strengthen outreach and referral relationships; and

     • promote the delivery of high quality mediation services.

  D. TRANSFER OF EMPLOYEES AND EQUIPMENT

  1. As of January 1, 1997 the County will transfer its Dispute Resolution Center employee to the City.

  2. Any equipment transfers shall be in accordance with the Finance and Administration Agreement.

  E. VOLUNTEERS

  Volunteer treatment in a merged operation will be equitable and reflective of their interest, skill and participation, not their initial program affiliation.

  F. TRANSFER AND USE OF FUNDS

  1. As of January 1, 1997 the County will transfer any remaining funds collected to date for its Dispute Resolution Center to the City.

  2. After January 1, 1997 the County will continue to collect surcharge fees through its court system, which will then be transferred to the City on a monthly basis.

  3. The City will use the funds collected by the County and transferred to the City only for the new consolidated program, in accordance with RCW 7.75.

  The consolidated program will continue to maintain at least the current level of service to the City, other cities in the County and the unincorporated area.

  G. TRANSFER OF FILES AND SHARING INFORMATION

  1. The County agrees to transfer all relevant paper or electronic files to the City within 30 days following this consolidation.

  2. Beginning in March 1997 the Community Mediation Services program will prepare a quarterly report documenting the services provided in all areas of delivery. These reports will be presented first to the Community Mediation Services Advisory Committee for review, and then submitted to the City Council and Board of County Commissioners.

  H. CHANGES TO RESOLUTIONS AND ORDINANCES

  The City and County agree to review current resolutions and ordinances to determine if they need to be modified to remain consistent with this agreement. The County and City agree to complete this review prior to the execution of this agreement.