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HomeMy WebLinkAbout2022.06.13 Council Workshop PacketAGENDA City Council Workshop Meeting 7:00 PM - Monday, June 13, 2022 City Council Chambers & GoToWebinar Page 1.MEETING INSTRUCTIONS for REMOTE ACCESS - The Pasco City Council Workshops are broadcast live on PSC-TV Channel 191 on Charter/Spectrum Cable in Pasco and Richland and streamed at www.pasco-wa.gov/psctvlive and on the City’s Facebook page at www.facebook.com/cityofPasco. To listen to the meeting via phone, call (631) 992-3211 and use access code 613-585-088. 2.CALL TO ORDER 3.ROLL CALL (a)Pledge of Allegiance 4.VERBAL REPORTS FROM COUNCILMEMBERS 5.ITEMS FOR DISCUSSION 3 - 15 (a)Ordinance - Amendments to Pasco Municipal Code Chapter 13.80 Stormwater 16 - 25 (b)Latecomer Agreements Discussion 26 - 36 (c)AskPasco App Presentation Jon Funfar, Communications Program Manager, will provide an update on the "AskPasco" app. 6.MISCELLANEOUS COUNCIL DISCUSSION 7.EXECUTIVE SESSION 8.ADJOURNMENT Page 1 of 38 9.ADDITIONAL NOTES 37 - 38 (a)Adopted 2020-2021 Council Goals (Reference Only) (b)REMINDERS Monday, June 13, 11:45 AM: Pasco Chamber of Commerce Membership Lunch Meeting – Pasco Red Lion Hotel Wednesday, June 15, 5:30 PM: Benton, Franklin & Walla Walla Counties Good Roads & Transportation Association Meeting – Clover Island Inn, Kennewick (COUNCILMEMBER JOSEPH CAMPOS, Rep.; COUNCILMEMBER PETE SERRANO, Alt.) Thursday, June 16, 12:30 PM: Greater Columbia Accountable Community Health Leadership Council & Board Meeting – Tri-Cities Community Health Board Room, 800 W. Court St. (COUNCILMEMBER ZAHRA ROACH, Rep. Thursday, June 16 4:00 PM: Downtown Pasco Development Authority – DPDA (MAYOR PRO TEM CRAIG MALONEY) Friday, June 17, 10:00 AM: Benton-Franklin Council of Governments Board Meeting – Ben-Franklin Transit, 1000 Columbia Park Trail, Richland (COUNCILMEMBER JOSEPH CAMPOS) Monday, June 20, 6:00 PM: LEOFF Disability Board – City Hall Conference Room 1, Pasco City Hall (MAYOR BLANCH BARAJAS, Rep.; MAYOR PRO TEM CRAIG MALONEY, Alt.) This meeting is broadcast live on PSC-TV Channel 191 on Charter/Spectrum Cable in Pasco and Richland and streamed at www.pasco-wa.gov/psctvlive. Audio equipment available for the hearing impaired; contact the Clerk for assistance. Servicio de intérprete puede estar disponible con aviso. Por favor avisa la Secretaria Municipal dos días antes para garantizar la disponibilidad. (Spanish language interpreter service may be provided upon request. Please provide two business day's notice to the City Clerk to ensure availability.) Page 2 of 38 AGENDA REPORT FOR: City Council June 8, 2022 TO: Dave Zabell, City Manager City Council Workshop Meeting: 6/13/22 FROM: Steve Worley, Director Public Works SUBJECT: Ordinance - Amendments to Pasco Municipal Code Chapter 13.80 Stormwater I. REFERENCE(S): Ordinance PowerPoint Presentation II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Discussion III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: The State of Washington Department of Ecology develops and administers the Clean Water Act National Pollutant Discharge Elimination System (NPDES) municipal stormwater permits in Washington. The purpose of the permit is to promote best management practices related to stormwater runoff to protect state waters (groundwater and open bodies of water, such as the Columbia River). The permit provides for infrastructure maintenance, design criteria for private and public development, outreach, educa tion, etc. On July 1, 2019, the Department of Ecology issued the updated Eastern Washington Phase II permit to the City of Pasco. This permit became effective on August 1, 2019. Per Special Condition S5.B.3.b in the Eastern Washington Phase II Municipa l Stormwater Permit, the City of Pasco is required to implement or update said Page 3 of 38 ordinance to effectively prohibit non-stormwater, illicit discharges, and describe allowable discharges and conditionally allowable discharges. These updates must be completed by February 2, 2023. V. DISCUSSION: All discharges are classified as: allowable discharges, conditionally allowable discharge and illicit discharges (any discharge not identified in the first two categories). The Pasco Municipal Code (PMC) currently identifies three categories: Section 13.80.120 Authorized Discharges, Section 13.80.130 Permitted Discharges and 13.80.110 Prohibited discharges. The first two categories are being proposed for amendment in order to comply with the permit language and intent. The main proposed changes are: • Section 13.80.120, Rename to “Conditionally Allowable Discharges” • Section 13.80.120, add pool, spa, and hot tub protocol to discharges. • Section 13.80.130, Rename to “Allowable Discharges” • Section 13.80.130, now includes a list of 13 categories that are classified as allowable discharges. Along with the proposed changes, Public Works Environmental Compliance staff have developed media outreach content and strategy, to educate the public on stormwater illicit discharges, allowable discharges, and conditionally allowable discharges. Allowable discharges are discharges that are allowed to enter the stormwater systems. These discharges are currently thought to not pose a risk to the water quality. Pumped groundwater or foundation drains are two such examples. Conditionally allowable discharges are such that are allowed only if certain conditions are met. As long as the parameters defined in the code are being followed these discharges should not cause any detrimental impact to the water quality. Examples of this are dechlorinated and flow control pool water discharge. At this time, City staff is not proposing a permit be issued for approval of these discharges. Compliance monitoring will be implemented in the immediate term. Finally, illicit discharges are those discharges that are not allowed in any stormwater facility and if identified, would be reported, cited, and even fined as these discharges jeopardize water quality. Illicit discharges are all discharges other than the ones identified in the categories above, examples being paint, oils, pesticides/herbicides. Yet other less obvious discharges are still illicit, such as water with detergent from washing cars or sidewalks. Page 4 of 38 For compliance with the Municipal Stormwater Phase II NPDES Permit, based on Federal and State regulations, we recommend the amendment of the PMC Sections 13.80.120. & 13.80.130. The intent of this briefing is to publicize the changes in advance of the ordinance being adopted. Educational outreach about the program would be contin ued throughout the year. Page 5 of 38 Ordinance Amending PMC 13.80.120 & 13.80.130 - 1 ORDINANCE NO. __________ AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON, AMENDING THE PASCO MUNICIPAL CODE SECTION 13.80.120 “AUTHORIZED DISCHARGES” AND AMENDING SECTION 13.80.130 “PERMITTED DISCHARGES.” WHEREAS, the Federal Clean Water Act, 33 U.S.C. §1251 et seq., regulates discharges into navigable waters through the National Pollution Discharge Elimination System (NPDES); and WHEREAS, the US Environmental Protection Agency has delegated authority to run the NPDES to the Washington State Department of Ecology (Ecology); and WHEREAS, Ecology requires all municipalities operating a municipal separate storm sewer system to obtain a Phase II Stormwater permit; and WHEREAS, the Phase II NPDES permits include requirements for inventorying stormwater facilities; inspecting and maintaining facilities; reducing pollutants at their sources; public education; reporting NPDES permit compliance; and applying protective design standards to new development of impervious surfaces; and WHEREAS, NPDES compliance is an iterative process involving periodic review by Ecology to ensure compliance; and WHEREAS, changes have been proposed as a result of Ecology’s Annual Report Review to the City’s Stormwater Comprehensive Plan & the Stormwater Management Program; and WHEREAS, the City is required to comply with the Phase II NPDES rules as applicable to Eastern Washington by the Ecology’s Stormwater Management Program for Eastern Washington; and WHEREAS, the City is proposing changes to comply with both the Federal Clean Water Act and Washington State Waste Discharge Act, RCW 90.48, et seq., and to provide notices to the citizens of the City of Pasco of the application of the construction and maintenance standards required by such guidelines, a code amendment is necessary to be in compliance. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. That Section 13.80.120 entitled “Authorized Discharges” of the Pasco Municipal Code shall be and hereby is amended and shall read as follows: 80.120 Authorized Conditionally Allowable Discharges. Page 6 of 38 Ordinance Amending PMC 13.80.120 & 13.80.130 - 2 Discharges to the public stormwater system from the following sources shall be authorized conditionally allowed, provided each discharge is volumetrically and velocity controlled to prevent resuspension of sediments in the stormwater system and complies with the respective conditions attached thereto: 1) Discharges from water pipe sources, including water line flushing, fire hydrant system flushing, pipe breaks and pipeline hydrostatic test water. Planned discharges shall be controlled to prevent contaminants from entering the stormwater system and discharging to the Columbia River. Chlorine levels shall be reduced to 0.1 ppm or less and pH adjusted. 2) Discharges from lawn irrigation or dust control water, provided the sprinkler pattern is fixed within the boundaries of the irrigated property. Such discharges shall be minimized through public education activities and water conservation efforts. 3) Water used to wash down streets, sidewalks, and buildings, provided the wash water is low in suspended solids and any does not use detergents used is biodegradable. 4) At active construction sites, with curb and gutter, an approved screening protection system shall be installed in catch basins and street sweeping must be performed prior to washing the street, other conditionally allowable discharges need to comply with a pollution prevention plan. Damage to street ditches or grass swales shall not be allowed. Construction sites disturbing one acre or more and construction projects of less than one acre that are part of a larger common plan of development or sale are subject to the construction stormwater pollution prevention requirements set forth in Chapter 7 of the SWMMEW. The developer of subdivisions or site plans with constructed curbs and gutters shall be responsible for the protection and maintenance of the stormwater system for five years or until all the subdivision or site plan lots are developed with permanent improvements, whichever comes first. The protection measures and maintenance program shall be approved by the City Engineer in the form of a written agreement with the developer. 5) Dechlorinated swimming pool, spa, and hot tub discharges. The discharges shall be dechlorinated to a total residual chlorine concentration of 0.1 ppm or less, pH-adjusted and reoxygenated if necessary, and volumetrically and velocity controlled to prevent resuspension of sediments in the MS4. Discharges shall be thermally controlled to prevent an increase in temperature of the receiving water. Swimming pool cleaning wastewater and filter backwash shall not be discharged to the Municipal Separate Storm Sewer System (MS4). Page 7 of 38 Ordinance Amending PMC 13.80.120 & 13.80.130 - 3 Section 2. That Section 13.80.130 entitled “Permit Discharges” of the Pasco Municipal Code shall be and hereby is amended and shall read as follows: 13.80.130 Permitted Allowable Discharges. Discharges, other than nonstormwater discharges as permitted by this chapter, shall require prior approval through a special discharge permit issued by the City Engineer or the state, conditioned upon compliance with the requirements adopted by the City, regulations of the State of Washington, and such other conditions as may be reasonably necessary for the protection of the system, environment, and the health and welfare of the general public. The following categories of non- stormwater discharges, shall not require conditionally allowable discharge approval. 1) Diverted stream flows. 2) Rising groundwaters. 3) Uncontaminated groundwater infiltration (as defined at 40 CFR. 35.2005(b)(20)). 4) Uncontaminated pumped groundwater. 5) Foundation drains. 6) Air conditioning condensation. 7) Irrigation water from agricultural sources that is commingled with urban stormwater. 8) Springs. 9) Uncontaminated water from crawl space pumps. 10) Footing drains. 11) Flows from riparian habitats and wetlands. 12) Discharges from emergency firefighting activities. 13) Non-stormwater discharges authorized by another NPDES permit or state waste discharge permit. Section 3. This Ordinance shall take full force and effect five (5) days after approval, passage and publication as required by law. Page 8 of 38 Ordinance Amending PMC 13.80.120 & 13.80.130 - 4 PASSED by the City Council of the City of Pasco, Washington, this ___ day of _________, 2022. ______________________________ Blanche Barajas Mayor ATTEST: APPROVED AS TO FORM: _______________________________ _____________________________ Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorneys Published: ______________________ Page 9 of 38 Pasco City Council WorkshopMeeting June 13, 2022Page 10 of 38 Need for Ordinance ChangesThe State of Washington Department of Ecology (DOE)Clean Water ActNational Pollutant Discharge Elimination System (NPDES)Municipal Stormwater PermitsPhase II Permit UpdatesProhibit non-stormwater, illicit discharges; Further describe permissible dischargesPage 11 of 38 Ordinance Changes“Authorized” to “Conditionally Allowable” Discharges (13.80.120)•Creates or increases conditions for certain discharges•Requires pollution prevention plan for construction•Adds conditions for discharging pools, spas, and hot tubs“Permitted” to “Allowable” Discharges (13.80.130)•New phrasing removes permit requirement•Allows for DOE approved discharges•Springs, footing drains, emergency firefighting discharges, etc.Page 12 of 38 Educating the PublicMaterials•Updated pamphlet•Digital format infographicOutlets•City’s Facebook page•City website•Customer Service window•Community eventsPage 13 of 38 Actions Suggested•Amend the City of Pasco Municipal Code (PMC) Chapter 13.80.120 and 13.60.130.•Comply with DOE Phase II Stormwater PermitPage 14 of 38 Questions?Page 15 of 38 AGENDA REPORT FOR:City Council June 7, 2022 TO:Dave Zabell, City Manager City Council Workshop Meeting: 6/13/22 FROM:Eric Ferguson, City Attorney Executive SUBJECT:Latecomer Agreements Discussion I.REFERENCE(S): Draft Resolution Draft Agreement II.ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Discussion III.FISCAL IMPACT: N/A IV.HISTORY AND FACTS BRIEF: The Pasco Municipal Code (PMC) Chapter 14.25 provides an opportunity for developers who install certain improvements to be able to be reimbursed by other benefitting property owners who later develop. PMC Chapter 14.25 provides the steps necessary for developers to enter into an agreement with the City to collect these reimbursements on their behalf. The City is required by statute utility for behalf developer’s the assessment the collect to on improvements but may enter into an agreement to collect the assessment on the developer’s behalf for street improvements. Once application has been properly made to the City and all procedures to develop the assessment area have City been followed, the is required/may enter into a developer reimbursement (“latecomer”) agreement with the developer to begin collecting these assessments. V.DISCUSSION: Over the past few years, multiple developers have applied to enter into Page 16 of 38 latecomer agreements for improvements related to their developments. While the process can take an extended period of time to go from initial application, preliminary determination of the assessment reimbursement area, construction of the facility, dedication of the facility to the City, and ultimately enter into a latecomer agreement with the City, these processes have been further delayed by a combination of exponential development activity that has strained City resources, as well as constraints from the effects of COVID-19. As such, there is a significant backlog of agreements that need to be approved by Council and recorded with Franklin County on behalf of the developers. There are a broad range of agreements that need to be entered into by the City and the developers, from very small scale projects to projects where the City has participated in the project as a developer. But all the agreements and procedures are in substantially the same form with very little deviation from the terms contained in the agreements (i.e. only the referenced projects and dollar amounts differ). As such, a draft resolution with a draft agreement is provided for reference. Page 17 of 38 Resolution – Development Reimbursement Agreement- 1 RESOLUTION NO. [ ] A RESOLUTION OF THE CITY OF PASCO, WASHINGTON, AUTHORIZING AN [STREET/UTILITIES] LATECOMER AGREEMENT WITH [DEVELOPER NAME] FOR THE CONSTRUCTION OF [STREET/UTILITY] IMPROVEMENTS WITHIN THE REIMBURSEMENT AREA. WHEREAS, Section 14.25 of the Pasco Municipal Code (PMC) provides a statutory framework for developers to enter latecomer reimbursement agreements when the developer, as a condition of development, pays the costs of necessary infrastructure improvements; and WHEREAS, section 14.25.030(4) requires the Public Works Director, within 28 days of receipt of an latecomer’s application to provide notice to the developer whether the application is complete or needs to be supplemented or amended within 30 days of such notice unless extended within the Public Works Director discretion; and WHEREAS, the City shall provide notice of its intent to participate in any latecomer agreement to the public; and WHEREAS, the City shall also provide notice of its preliminary assessment reimbursement area (those to repay the latecomer debt) to provide the property owners within the preliminary assessment area the opportunity to request the matter be submitted to a public hearing, within 20 days of date of mailing of the notice, before Council action; and WHEREAS, the City Council has determined that the above procedural requirements of 14.25 have been met; and [WHEREAS, street improvements include arterial street system improvements which, as a result of City code requirements, are a prerequisite to further development and are hereby deemed to be prerequisites to further development pursuant to RCW 35.72.010; and WHEREAS, street improvement latecomer agreements requested by developers may be entered into by the City of Pasco pursuant to PMC 14.25.030 where the developer has submitted a complete application for a street latecomer agreement; and WHEREAS, street improvement latecomer agreements shall meet the criteria established in subsection PMC 14.25.030(2)(b); and WHEREAS, [Developer, name] has submitted a complete and accurate application for a street latecomer agreement and the agreement as proposed will meet the defined criteria in 14.25.030(2)(b); and] Page 18 of 38 Resolution – Development Reimbursement Agreement- 2 [WHEREAS, utility system improvements include infrastructure projects related to City water, sewer and storm sewer which are required to be constructed as a prerequisite of continued development; and. WHEREAS, utility system latecomer agreements requested by developers shall be entered into by the City of Pasco pursuant to PMC 14.25.030(3) when the developer has submitted a complete application for a utility latecomer agreement; and WHEREAS, utility latecomer agreements shall meet the development criteria as detailed in PMC 14.25.030(3)(b); and WHEREAS, [Developer, name] has submitted a complete and accurate application for a utility latecomer agreement and the agreement as proposed will meet the defined criteria in 14.25.030(3)(b).] NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON: Section 1. That the City Manager is authorized to execute the [street/utility] latecomer agreement, a copy of which is attached hereto and incorporated herein by reference as Exhibit A. Section 2. That this Resolution shall take effect immediately. Adopted by the City Council of the City of Pasco, Washington this ___ day of [ ], 2022. Blanche Barajas Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorneys Page 19 of 38 Developer Reimbursement Agreement - 1 FILED FOR RECORD AT REQUEST OF: City of Pasco, Washington WHEN RECORDED RETURN TO: City of Pasco, Washington 525 North 3rd Avenue Pasco, WA 99301 Tax Parcel No. Abbreviated Legal Description: CITY OF PASCO DEVELOPER REIMBURSEMENT AGREEMENT THIS AGREEMENT, made and entered into this day of___________, 20__, by and between the City of Pasco, a Municipal Corporation of the State of Washington, hereinafter referred to as “City”, and ________________, their successors and assigns, hereinafter referred to as “Developer”; and WHEREAS, RCW Chapter 35.91 and PMC 14.25 authorize contracts between a municipality and the owners of real estate within the municipality’s corporate limits or within ten (10) miles of the municipality’s corporate limits, who construct utility facilities to serve their own properties and other properties, whereby such owners and municipalities may be reimbursed by the owners of other real property who did not contribute to the original cost of the construction of the facilities, but who later desire to connect their properties to said facilities. NOW, THEREFORE, the parties hereby mutually agree as follows: 1. Developer and City have constructed the following described extension of City’s facilities: A. The improvements have been constructed in accordance with plans and specifications approved by City prior to construction and Developer has supplied City with reproducible as-built drawings regarding the facilities. Page 20 of 38 Developer Reimbursement Agreement - 2 2. In addition to serving properties owned by Developer at the outset of construction, the facilities constructed will also serve the following described parcels of real property, and any subdivisions of such parcels, that did not contribute to the cost of the facilities construction, hereinafter referred to in aggregate as the "Assessment Area", which is determined at the sole discretion of the City, and which are identified and legally described in Exhibit A, attached hereto and incorporated herein by this reference: Franklin County Parcel Numbers: 3. As the facilities were certified as acceptable to City by the Public Works Director, or his designee Developer conveyed such facilities to City for the consideration and benefits of City. City will thereafter own and operate said facilities as part of City water system subject to all of the laws and regulations, fees and assessments of City. 4. City and Developer agree that Developer’s contributions to the total project costs is valued at $__________, which includes costs for the design, construction engineering, inspection, construction, administrative, legal and other costs attributable to the project. 5. City and Developer agree that the City’s contributions to the total project costs is or will be valued at $___________, which includes costs for the design, construction engineering, inspection, construction, administrative, legal and other costs attributable to the project. 6. City and Developer agree that the Total Assessment that is attributed to the Assessment Area is $____________. This is the total of all costs related to the project ($___________), less the contribution made by the City ($___________) for oversizing for future growth and capacity that is not attributable to the Assessment Area, less the amount of those costs that are attributed to properties owned or controlled by Developer as of the date of execution of the _______ System Extension Agreement regarding the same facility as described in Section 1 herein (Developer’s Benefit). Developer’s Benefit for this project equal $__________. City and Developer agree that Developer is entitled to a potential total reimbursement, less any collection charges deducted by the City, of a maximum of $____________. This amount is equal to Developer’s total contribution to the total project costs ($___________), less Developer’s Benefit ($__________). 7. The facilities subject to this Agreement are included within the City's comprehensive utility plan, and no additional comprehensive plan approval for the utility system improvements was required. 8. Execution of this Agreement is conditioned upon: A. Inspection and approval of the utility system improvements by the City; Page 21 of 38 Developer Reimbursement Agreement - 3 B. Conveyance by Developer and acceptance by the City of the utility system improvements described in Section 1 of this Agreement; C. Full compliance with the Developer’s obligations under this Agreement and with the City’s rules and regulations with respect to the project described in Section 1; D. Payment by Developer to the City of the City’s fee for processing of this application, which includes legal, administrative, and recording costs, in the amount of $_________, which includes the legal fees associated with this Agreement in the amount of $________, $________ for the mailing and recording costs for this Agreement, and 100% (the percentage share of Total Assessment collectible by Developer) of the costs attributed to mailing and recording of assessment Notices to parcels within the Assessment Area (100% of $_____ in Notice and accompanying documents mailing and recording fees = $______); F. City verification and approval of all contracts and costs related to the utility system improvements; and G. Within one hundred and twenty (120) days of the completion of the utility system improvements, Developer must submit the total actual cost of the utility system improvements to the City. 9. For a period of twenty (20) years from the effective date of this Agreement, any person, firm or corporation now or hereafter owning benefitted properties described below, or segregated parcels thereof, desiring to connect to the described facilities, shall first pay their pro-rata share of the total cost of the facilities (“Total Assessment”). For this project, the Total Assessment is $_________, as stated in Paragraph 6. The individual Assessment associated with each parcel of benefited property described in this Agreement, shall be charged to the property owner as follows: Parcel number __________: $________ Parcel number __________: $________ 10. No person, firm or corporation shall be granted a permit or be authorized by City to tap into or use the referenced facilities during the period of time prescribed in Paragraph 9 above without first paying to City, in addition to any and all other costs, assessments and charges made and assessed for such tap or use, the amount required by the provisions of this contract. 11. The City shall deduct from all assessment reimbursement payments it collects, an amount (collection charge) as designated in Pasco Municipal Code (“PMC”) 3.35.180 to cover its administrative collection costs. After deduction of the collection charge, each reimbursement assessment payment will be disbursed to the Developer according to the terms of this Agreement. Any amounts so collected during the time Page 22 of 38 Developer Reimbursement Agreement - 4 period in Paragraph 9 above by City and due to Developer, shall be remitted to Developer or assigns within sixty (60) days of the receipt thereof, in accordance with this Agreement. 12. Developer agrees to indemnify, defend and hold the City harmless from any action, claim or proceeding brought or maintained by any property owner challenging the validity or enforceability of this Agreement. In turn, the City agrees to cooperate with the Developer in the course of any such claim, proceeding or action to provide reasonable and lawful access to City records and witnesses. 13. Any funds collected by City and payable to Developer in accordance with the terms of this contract shall be remitted to Developer at the following address: Address: E-Mail: 14. In accordance with Pasco Municipal Code Section 14.25.60(2), Developer shall provide to the City in writing every two (2) years from the date this Agreement was executed, information regarding the current contact name, address, and telephone number of the person, company or partnership that originally entered into the Agreement. If the Developer fails to comply with the notification requirements within sixty (60) days of the specified time, then City may collect any reimbursement funds owed to the Developer under this Agreement, and such funds shall be deposited into the capital expenditure account of the City’s utility fund. 15. If prior to the expiration of one (1) year after the date of conveyance of the facilities by Developer to City, any work is found to be defective, Developer shall promptly and without cost to City, either correct such defective work or, if it has been rejected by City, remove and replace it with non-defective work. If Developer does not promptly comply with the terms of such instructions, City may have the defective work corrected or the rejected work removed and replaced and all direct and indirect costs of such removal and replacement, including compensation for professional services, shall be withheld from the reimbursement assessment payments that are due to Developer. 16. Developer agrees that once the City has collected all amounts under this Agreement, up to a maximum of $__________ as specified in Paragraph 6 of this Agreement and remitted such amount (less any collection charges) to Developer, that City shall remit to Developer no further payments under this contract. 17. Developer hereunder is an independent contractor and is not an agent or employee of City. 18. In the event of a dispute between the parties regarding the interpretation, breach or enforcement of this Agreement, the parties shall first meet in a good faith effort Page 23 of 38 Developer Reimbursement Agreement - 5 to resolve the dispute by themselves or with the assistance of a mediator. The remaining dispute shall be resolved by arbitration pursuant to RCW 7.04A, as amended, the Mandatory Rules of Arbitration (MAR), with all parties waiving the right of a jury trial upon de novo review, with the substantially prevailing party being awarded its reasonable attorney fees and costs against the other. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the day and year first above written. CITY OF PASCO: DEVELOPER: By: ________________________ By: ___________________________ Dave Zabell, City Manager ATTEST: ____________________________ Debra Barham, CMC City Clerk APPROVED AS TO FORM: ________________________________ Kerr Ferguson Law, PLLC City Attorney Page 24 of 38 Developer Reimbursement Agreement - 6 STATE OF WASHINGTON ) : ss COUNTY OF FRANKLIN ) On this day personally appeared before me DAVE ZABELL, City Manager of the City of Pasco, Washington, described in and who executed the within and foregoing instrument, and acknowledged that he signed the same as his free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN under my hand and official seal this ___ day of ______________, 20__. ________________________________________ Notary Public in and for the State of Washington Print Name: _____________________________ Residing at _______________________________ My Commission Expires: ___________________ STATE OF WASHINGTON ) : ss COUNTY OF FRANKLIN ) On this day personally appeared before me __________________, _________, described in and who executed the within and foregoing instrument, and acknowledged that he signed the same as his free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN under my hand and official seal this ___ day of _____________, 20__. ____________________________________________ NOTARY PUBLIC in and for the State of Washington Print Name: _________________________________ Residing at: __________________________________ My Commission Expires: _______________________ Page 25 of 38 AGENDA REPORT FOR:City Council May 18, 2022 TO:Dave Zabell, City Manager City Council Workshop Meeting: 6/13/22 FROM:Jon Funfar, Communications Program Manager Executive SUBJECT:AskPasco App Presentation I.REFERENCE(S): PowerPoint Presentation II.ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Jon Funfar, Communications Program Manager, will provide an update on the "AskPasco" app. III.FISCAL IMPACT: None IV.HISTORY AND FACTS BRIEF: research City the selection, and of In several after 2021, early months implemented a service request app/tool called “AskPasco” to enable residents to report on various items such as, code violations, graffiti, traffic concerns, street/road issues, and many other items. This app also links users to the City’s job application portal, utility billing site, news page, and Parks and Recreation information. The attached PowerPoint gives a short history and current statistics of the AskPasco app, and staff will present this information at the Workshop. V.DISCUSSION: Page 26 of 38 Pasco City Council Meeting May 23, 2022Page 27 of 38 AskPasco Page 28 of 38 AskPasco •Resident Engagement Tool •Service Requests •Employment Opportunities (link) •Utility Payments (link) •Parks and Recreation (link) •City News (link)Page 29 of 38 AskPasco •Deployed in January 2021 •Extensive Research •Several different vendors considered •CitySourced/Rock Solid chosen •Support for custom language translation vs. machine onlyPage 30 of 38 AskPasco -Marketing •Website •Pulse •Radio Pulse •Video Pulse •Social Media •Press Release(s) •Utility Bills •Direct MailPage 31 of 38 AskPasco www.pasco-wa.gov/askpascoPage 32 of 38 AskPasco Total Downloads through April 15, 2022Page 33 of 38 AskPasco Total Reports Opened/Closed 2/1/21 –5/1/22Page 34 of 38 AskPasco Total Report Types & Status 2/1/21 –5/1/22Page 35 of 38 AskPasco •Next Steps •Continue to keep response times as low as possible •Continuous marketing •Additional training for new employees/refresher •Additional/modified workflows where neededPage 36 of 38 QUALITY OF LIFE Promote a high-quality of life through quality programs, services and appropriate investment and re- investment in community infrastructure including, but not limited to: • Completion of Transportation System Master Plan and design standard updates to promote greater neighborhood cohesion in new and re-developed neighborhoods through design elements, e.g.; connectivity, walkability, aesthetics, sustainability, and community gathering spaces. • Completion of the Parks, Recreation and Open Space Plan and development of an implementation strategy to enhance such services equitably across the community. • Completion of the Housing Action and Implementation Plan with a focus on a variety of housing to address the needs of the growing population. FINANCIAL SUSTAINABILITY Enhance the long-term viability, value, and service levels of services and programs, including, but not limited to: • Adopting policies and strategic investment standards to assure consistency of long-range planning to include update of impact fees, area fees to specific infrastructure, and SEPA mitigation measures related to new development, e.g.; schools, traffic, parks, and fire. COMMUNITY TRANSPORTATION NETWORK Promote a highly functional multi-modal transportation system including, but not limited to: • Application of the adopted Transportation System Master Plan including development of policies, regulations, programs, and projects that provide for greater connectivity, strategic investment, mobility, multi -modal systems, accessibility, efficiency, and safety. COMMUNITY SAFETY Promote proactive approaches for the strategic investment of infrastructure, staffing, and equipment including, but not limited to: • Adoption and develop implementation strategies for Comprehensive Fire Master Plan aimed at maintaining the current Washington State Rating Bureau Class 3 community rating. • Collaboration with regional partners to influence strategies to reduce incidences of homeless by leveraging existing resources such as the newly implemented 0.1% mental health sales tax, use of resource navigator programs, and other efforts. • Development of an implementation strategy for the Comprehensive Police Master Plan to support future service levels of the department to assure sustainability, public safety, officer safety, crime control, and compliance with legislative mandates. ECONOMIC VITALITY Promote and encourage economic vitality including, but not limited to: • Implementation of the Comprehensive Land Use Plan through related actions including zoning code changes, phased sign code update, and development regulations and standards. • Completion of Area Master Plans and environmental analysis complementing the Comprehensive Land Use Plan such as Downtown and Broadmoor Master Plans. • Development of an Economic Development Plan, including revitalization efforts. COMMUNITY IDENTITY Identify opportunities to enhance community identity, cohesion, and image including, but not limited to: • Development of a Community Engagement Plan to evaluate strategies, technologies, and other opportunities to further inclusivity, community engagement, and inter-agency and constituent coordination efforts. • Support of the Arts and Culture Commission in promoting unity and the celebration of diversity through art and culture programs, recognition of significant events or occurrences, and participation/sponsorship of events within the community. Page 37 of 38 CALIDAD DE VIDA Promover una calidad de vida alta a través de programas de calidad, servicios, inversiones y reinversiones apropiadas en la infraestructura de la comunidad incluyendo, pero no limitado a: • Terminar el Plan de Transportación para promover más cohesión entre nuestras vecindades actuales y re- desarrolladas a través de elementos de diseño, p.ej. conectividad, transitabilidad , sostenibilidad estética, y espacios para reuniones comunitarias. • Terminar el Plan de los Parques, la Recreación, y los Espacios Vacíos y el desarrollo de una estrategia de implementación para mejorar tales servicios justamente a lo largo de la comuni dad. • Terminar el Plan de Acción e Implementación de Viviendas con un enfoque en una variedad de viviendas para tratar las necesidades del aumento en la población. SOSTENIBIILIDAD FINANCIERA Mejorar la viabilidad a largo plazo, el valor, y los niveles de los servicios y los programas, incluyendo, pero no limitado a: • Adoptar las políticas y los estándares de inversión estratégica para asegurar consistencia en la planificación a largo plazo para incluir la actualización de las tarifas de impacto, las tarifas en áreas de infraestructura específica, y las medidas de mitigación SEPA relacionadas con el nuevo desarrollo, p.ej. escuelas, tráfico, parques, e incendios. RED DE TRANSPORTACION COMUNITARIA Promover un sistema de transportación multimodal en alta operación incluyendo, pero no limitado a: • Aplicar el Plan de Transportación que fue adoptado, incluyendo el desarrollo de las políticas, las reglas, los programas, y los proyectos que proporcionan más conectividad, inversión estratégica, movilidad, sistemas multimodales, accesibilidad, eficiencia, y seguridad. SEGURIDAD COMUNITARIA Promover métodos proactivos para la inversión estratégica en la infraestructura, el personal, y el equipo incluyendo, pero no limitado a: • Adoptar y desarrollar estrategias de implementación para el Plan Comprehensivo para Incendios. Con el propósito de mantener la clasificación comunitaria actual en la tercera Clase del Departamento de Clasificación del Estado de Washington. • Colaborar con socios regionales para influenciar estrategias que reduzcan los incidentes de personas sin hogar al hacer uso de los recursos actuales como el impuesto de ventas de 0.1% implementado recientemente para la salud mental, el uso de programas para navegar los recursos, y otros esfuerzos. • Desarrollar una estrategia de implementación para el Plan Comprehensivo de la Policía para apoyar los niveles futuros de servicio del departamento para asegurar la sostenibilidad, la seguridad pública, la seguridad de los policías, el control de crímenes, y el cumplimiento con los mandatos legislativos. VITALIDAD ECONOMICA Promover y fomentar vitalidad económica incluyendo, pero no limitado a: • Implementar el Plan Comprehensivo del Uso de Terreno a través de acciones relacionadas, incluyendo cambios de los códigos de zonificación, actualización en las etapas de los códigos de las señales, y el desarrollo de las reglas y los estándares. • Terminar los Planes de las Áreas y un análisis ambiental el cual complementa al plan integral de uso de la tierra como a los Planes del Centro y de Broadmoor. • Desarrollar un Plan de Desarrollo Económico, el cual incluya esfuerzos de revitalización. IDENTIDAD COMUNITARIA Identificar oportunidades para mejorar la identidad comunitaria, la cohesión, y la imagen incluyendo, pero no limitado a: • Desarrollar un Plan de Participación de la Comunidad para evaluar las estrategias, las tecnologías, y otras oportunidades para promover la inclusividad, la participación de la comunidad, y los esfuerzos interdepartamentales y de coordinación de los constituyentes. • Apoyar a la Comisión de las Artes y Cultura al promover la unidad y la celebr ación de la diversidad a través de programas de arte y cultura, reconocer eventos o acontecimientos significantes, y participar/patrocinar eventos dentro de la comunidad. Page 38 of 38