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Home My WebLink About2022.11.07 Council Minutes �.I ty�1 � S� �Washi n�;ton MlNUTES City Council Regular Meeting 7:00 PM - Monday, November 7, 2022 City Council Chambers & GoToWebinar CALL TO ORDER The meeting was called to order at 7:00 PM by Blanche Barajas, Mayor. ROLL CALL Councilmembers present: Blanche Barajas, Craig Maloney, Joseph Campos, David Milne, Zahra Roach, and Pete Serrano Councilmembers absent: Irving Brown Staff present: Adam Lincoln, Interim City Manager; Darcy Buckley, Finance Director; Colleen Chapin, Human Resources Director; Eric Ferguson, City Attorney; Bob Gear, Fire Chief; Patrick Reid, Deputy Fire Chief; Zach Ratkai, Administrative & Community Services Director; Brent Cook, Deputy Police Chief; Rick White, Community & Economic Development Director; Steve Worley, Public Works Director; and Debby Barham, City Clerk. The meeting was opened with the Pledge of Allegiance. EXECUTIVE SESSION Council adjourned into Executive Session at 7:04 PM for 30 minutes to discuss the qualifications of an applicant for public employment per RCW 42.30.110(1)(g). Council and City Attorney Ferguson, Human Resources Director Chapin and GMP Consultants Greg Prothman and Ray Corpuz were in Executive Session to discuss the qualifications of an applicant for public employment per RCW 42.30.110(1)(g). NOTE: Mr. Milne joined the Executive Session at 7:05 PM. At 7:36 PM, Mayor Barajas extended the Executive Session for another 30 minutes to discuss with legal counsel about current or potential litigation per RCW 42.30.110(1)(i} with Interim City Manager Lincoln and City Attorney Ferguson. Page 1 of 9 Human Resources Director Chapin and GMP Consultants Greg Prothman and Ray Corpuz existed the Executive Session at 7:36 PM. Councilmember Serrano recused himself from the Executive Session at 7:39 PM and remained in Council Chambers for the duration of the Executive Session. Mayor Barajas called the meeting back to order at 8:06 PM. CONSENT AGENDA Approval of Meeting Minutes for October 17th, 24th, 31th and November 1st and 2nd To approve the minutes of the Pasco City Council Regular Meeting held on October 17, 2022; Special Meeting and Workshop held on October 24, 2022; Special Meeting held on October 31, 2022; Special Workshop held on November 1, 2022; and Special Public Comment Listening Session held on November 2, 2022. Bills and Communications To approve claims in the total amount of $9,254,528.80 ($6,927,994.85 in Check Nos. 251606-252026; $1,318,988.12 in Electronic Transfer Nos. 837602-837620, 837631-837698, 837703-837801, 837803-837883, 837889, 837891-837918, 837921-837996, 838001, 838004-838007, 838009-838010, 838029-838035; $27,267.14 in Check Nos. 54156-54169; $980,278.69 in Electronic Transfer Nos. 30181804-30182374). Resolution No. 4267 - Declaring the City of Pasco 2023 Legislative Priorities To approve Resolution No. 4267, declaring the City's Legislative Priorities for the 2023 Session of the Washington State Legislature. Resolution No. 4268 -Argent Road Phase 1 Project Acceptance To approve Resolution No. 4268, accepting work perFormed by Culbert Construction, Inc under contract for the Argent Road Widening - Phase 1 (20th Ave to Saraceno Way) Project. Approve Tri-City Regional Hotel/Motel Commission 2023 Marketing Plan & Budget To approve the Tri-City Regional Hotel/Motel Commission 2023 Marketing Plan and Operating Budget for the Tourism Promotion Area in the total amount of $$2,050,000, with City of Pasco share of$430,500. Historic Preservation Commission Reappointment of Devi Tate To confirm the Mayor's reappointment of Devi Tate to Position No. 5 on the Historic Preservation Commission with a term expiring on August 1, 2025. Page 2 of 9 Code Enforcement Board Appointment of Dwayne Speer and Reappointments of Duane Van Beek, James Rawlinson and Mary Gutierrez To confirm Mayor Barajas's Code Enforcement Board appointment of Dwayne Speer to Position No. 1 with a term from November 7, 2022, through January 1, 2025, and the reappointments of Duane Van Beek, James Rawlinson and Mary Gutierrez to Position Nos.3, 4, &5 respectively, for four-year terms through January 1, 2026. HAPO Center Advisory Board Appointment of Leo Perales To confirm the Mayor's appointment of Leo Perales to the HAPO Center Advisory Board with a term from November 7, 2022 through July 1, 2025. MOTION: Mayor Pro Tem Maloney moved, seconded by Councilmember Serrano to approve the Consent Agenda as read. RESULT: Motion carried unanimously 6-0 AYES: Mayor Pro Tem Maloney, Mayor Barajas, Councilmember Campos, Councilmember Milne, Councilmember Roach, and Councilmember Serrano ABSENT: Councilmember Brown PROCLAMATIONS AND ACKNOWLEDGEMENTS Mayor Barajas announced the proclamation, "Operation Green L�ghr for Veterans Week"from November 7 through November 13, 2022. VISITORS -OTHER THAN AGENDA ITEMS Nancy Brungard, Pasco resident and Community Unitarian Universalist Church representative, commented about the homelessness issues at the church's property and surrounding area. Mr. Serrano asked for the frequency of the issues occurring at the church and Ms. Braggard responded to Mr. Serrano. REPORTS FROM COMMITTEES AND/OR OFFICERS Verbal Reports from Councilmembers Ms. Roach commented on public comment opportunity related to the Council's Draft Redistricting Plan held on November 2nd. Mr. Milne, reported attending a COPA{Colima- Pasco)meeting held in late October 2022. Page 3 of 9 Mr. Campos announced that he recently graduated from the Pasco Police Department's Citizen's Academy. HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS RELATING THERETO Public Hearing and Ordinances Nos. 4619 & 4620 - First Readings of 2023- 2024 Operating & Capital Projects Budgets Ms. Buckley distributed a paper copy of the proposed 2023-2024 Proposed Budget presentation to Council and then provided an overview of the proposed budget. Council and staff held a question and answer period throughout the presentation. Mayor Pro Tem Maloney asked for a case scenario of the budget if there was a two plus-year economic downturn. Ms. Roach inquired about the unallocated ARPA funding of approximately $625K and Council concurred that this topic needs to brought forward to Council in early 2023. CONDUCT PUBLIC HEARING Mayor Barajas declared the Public Hearing open to consider the proposed 2023- 2024 Proposed Budget. Following three calls for comments, and there being none, Mayor Barajas declared the Public Hearing closed. MOTION: Mayor Pro Tem Maloney moved, seconded by Councilmember Roach to approve the first reading of Ordinance No. 4619, for consideration of the City of Pasco Biennial Operating Budget for 2023-2024, by title only. RESULT: Motion carried unanimously 6-0 AYES: Mayor Barajas, Mayor Pro Tem Maloney, Councilmember Campos, Councilmember Milne, Councilmember Roach, and Councilmember Serrano ABSENT: Councilmember Brown MOTION: Mayor Pro Tem Maloney moved, seconded by Councilmember Roach to approve the first reading of Ordinance No. 4620, for consideration of the City of Pasco Biennial Capital Projects Budget for 2023-2024, by title only. RESULT: Motion carried unanimously 6-0 AYES: Mayor Barajas, Mayor Pro Tem Maloney, Councilmember Campos, Councilmember Milne, Councilmember Roach, and Councilmember Serrano ABSENT: Councilmember Brown Page 4 of 9 Public Comment Opportunity Related to City Council's Draft Redistricting Plan Mr. Lincoln stated this was a second opportunity for the public to learn and comment about the City Council's draft Redistricting Plan. He noted that Attorney Amanda Daylong, consultant for the City Council's redistricting plan and Dr. Peter Morrison, the demographer who prepared the 2017 voting districts map, as well as the draft 2022 voting districts map were also in attendance and available to answer questions.. Mr. Ferguson provided a brief history of the City of Pasco's Council Voting Districts and the laws for redistricting the voting districts. Mr. Serrano recused himself from this discussion item and left the Council Chambers at 8:40 PM. PUBLIC COMMENT OPPORUNITY Gabriel Portugal, Pasco resident and League of Untied Latin American Citizens representative, expressed concern about the map and asked for more time for the public to provide input. He submitted his written comments to City Clerk Barham. James Dorsey, Pasco resident, asked which map was correct, the 2022 Proposed Council Districts with Voting Precincts map or the 2022 Proposed Council Districts with City Streets map. Mr. Lincoln stated that the 2022 Proposed Council Districts with Voting Precincts is the correct map. Felix Vargas, Pasco resident, commented that he believes the the draft Redistricting Plan met the Washington State Voters Rights Act and urged Council to approve the 2022 draft Council Districts map before November 15, 2022. David Cortinas, Pasco resident, commented on divided precincts and asked if the ACLU had reviewed the map. He expressed concern about the short deadline of the redistricting plan. Lastly, he commented on the appointment of Councilmember Brown who replaced a Lanita, cultural heritage, Councilmember who resigned from City Council in May 2022. Stephen Bauman, Franklin County resident, expressed concern about a disjointed Council Voting District No. 3 and asked for the nuances of split precincts, the timing of the redistricting plan and where were the recent annexations on this map. Ms. Roach commented on the nuances of splitting precincts and addressed Mr. Brown's appointment to City Council, and the appointment was based on Mr. Browns merits his experience and service within the community and in his voting district. Page 5 of 9 Mayor Barajas requested that Mr. Ferguson address the issues brought forth during the comment period and she also noted that the Council as it currently sits, is representative of the City of Pasco. Mr. Ferguson explained all throughout this process the top priority was making certain that it was legal in both the state and federal voting laws. Mr. Lincoln stated that once the redistricting of the Council Voting Districts Map 2020 decennial census map is completed and approved, then the annexations that occurred from 2020 through 2022 will be reviewed and an amended map will be finalized. Dr. Morrison commented on preparation and data reviewed for the draft 2022 Council Voting Districts map as of the 2020 decennial census. Mayor Pro Tem Maloney asked Dr. Morrison if Council Voting Districts Nos. 3, 4 and 5 are not primarily Hispanic voting age population, then why are there split precincts such as identified in Precincts Nos. 37, 39 and 102 in those districts. Dr. Morrison explained the reasoning for the splitting of precincts overall and if Mayor Pro Tem Maloney is seeking specific answers regarding split precincts, it will take some time as he will need to first meet with his analysist. Council and Dr. Morrison continued the discussion of draft Redistricting Plan. Rebecca Francik, Pasco resident, spoke about Council's process when she sat on Council during the 2015-2017 redistricting of the Council Voting Districts. John Kennedy, Pasco resident, commented on the process of splitting precincts, compaction and offered other suggestions for Council to consider these items the next time this process occurs. Mayor Barajas stated that City Council was not given much time to review, comment and adjust the Redistricting Plan. Mr. Ferguson stated the the proposed map will come back for Council consideration at the November 14, 2022, Council Special Meeting. RECESS Mayor Barajas called for a five-minute recess at 9:50 PM. ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS Resolution No. 4269 - Bid Award for Transmission Main —West Pasco Water Treatment Plant to Zone 3 Page 6 of 9 Mr. Worley introduced Capital Projects Manager Serra who provided a brief report on the proposed bid award for the Transmission Main Project. MOTION: Mayor Pro Tem Maloney moved, seconded by Councilmember Roach to approve Resolution No. 4269, awarding Bid No. 21238 for the Transmission Main —West Pasco Water Treatment Plant (WPWTP) to Zone 3 project to Total Site Services of Richland, Washington, and further, authorize the City Manager to execute the contract documents and allowing all necessary budget adjustments. RESULT: Motion carried unanimously 6-0 AYES: Mayor Barajas, Mayor Pro Tem Maloney, Councilmember Campos, Councilmember Milne, Councilmember Roach, and Councilmember Serrano ABSENT: Councilmember Brown Resolution No. 4270 -Setting Public Hearing for Snake River Agriculture LLC Right-of-Way Vacation (VAC 2022-006) Mr. White provided a brief report on the proposed public hearing for the right-of- way vacation. MOTION: Mayor Pro Tem Maloney moved, seconded by Councilmember Serrano to approve Resolution No. 4270, setting 7:00 PM, Monday, December 5, 2022, as the time and date for a public hearing to consider the vacation of a portion of South Oregon Avenue located at the southeast corner of East "A" Street and South Oregon Avenue. RESULT: Motion carried unanimously 6-0 AYES: Mayor Barajas, Mayor Pro Tem Maloney, Councilmember Campos, Councilmember Milne, Councilmember Roach, and Councilmember Serrano ABSENT: Councilmember Brown Qe�.�l��fi�r+ 1�1� A97�1 Do�rnl� ce wnrl C�le Awr��i+r�ne�+� f�r Cn.�l D�nr�nrEai /Cf.�hl rc� ............. ..... ��.--.-c:�v.-.�:�� ...� �_.'_ '`�`__"'_"- `-` '`_-` ` `-�----i �====== � Mayor Barajas stated that this item was moved under Agenda Section No. 11 Unfinished Business as Item No. 11.(b). Resolution No. 4272 - Drinking Water State Revolving Fund Pre-Construction Loan Application for ButterField WTP Improvements Project Ms. Serra provided a brief report on the proposed Drinking Water State Revolving Fund loan application. MOTION: Mayor Pro Tem Maloney moved, seconded by Councilmember Campos to approve Resolution No. 4272, authorizing the submittal of a Drinking Water State Revolving Fund Loan Application for the Butterfield Water Page 7 of 9 Treatment Plant (Butterfield WTP) Improvements Project for a loan amount of up to $500,000. RESULT: Motion carried unanimously 6-0 AYES: Mayor Barajas, Mayor Pro Tem Maloney, Councilmember Campos, Councilmember Milne, Councilmember Roach, and Councilmember Serrano ABSENT: Councilmember Brown UNFINISHED BUSINESS Cannabis Discussion - Considerations for Retail Sales, Wholesale, Manufacturing, etc. within Pasco Mr. White provided a brief report on the cannabis discussion and the next steps needed in order to move forward if Council determines they want to move forward on allowing the sale of retail cannabis in Pasco. He stated that staff was seeking the following: 1. Consideration of the C-2 (no off-street parking requirements in this zoning district), C-3; I-1; I-2 and I-3 zoning districts for the location of retail cannabis sales. 2. Whether or not establishing a conditional use permit process is appropriate for the project permitting process; a. Decision (approval/approval with conditions/denial) by the Pasco Hearing Examiner; b. Provides direct mail notice to property owners within 300 feet of the subject property; c. Provides ability to require conditions of approval on a case by case basis; d. Establishes State regulations on the record. Council provided their opinions and thoughts on this topic and while not all were in favor of allowing the sale of retail cannabis in Pasco, they were ready to move this issue along. Mr. Lincoln and Mr. Ferguson stated that Council will need to first vote on a resolution providing staff direction to prepare an ordinance to undo the ban of the sale of cannabis; and if the resolution is approved, an ordinance will then be prepared that will provide all the details of the conditions and area where the sale of retail cannabis may take place in Pasco. Ms. Roach recommended the sale of retail cannabis be zoned in the Industrial Zones and not have a Conditional Use Permit requirement Mr. Campos recommended no Conditional Use Permit requirement and the Industrial and C2 zoned areas for retail sales of cannabis. Page 8 of 9 Mayor Pro Tem Maloney recommended that there is no Conditional Use Permit requirement and that the zoning be in all Retail zoned areas. Mr. Serrano expressed opposition to the sales of retail cannabis; however if it passes then he recommended a Conditional Use Permit and it should first be tested in Industrial zoned areas. Mr. Ferguson stated that he would bring back a resolution for Council consideration lifting the ban and allowing it in C2 and Industrial zoned areas along with the other buffers. Mr. Serrano asked for maps depicting the potentially permissible zones individually and together. Mr. Lincoln stated that the resolution could be prepared and ready for Council review in early 2023. EXECUTIVE SESSION Council adjourned into Executive Session at 10:50 PM for 10 minutes to discuss with legal counsel about current or potential litigation per RCW 42.30.110(1)(i) with Interim City Manager Lincoln and City Attorney Ferguson. Mayor Barajas called the meeting back to order at 11:00 PM UNFINISHED BUSINESS CONTINUED Resolution No. 4271 - Purchase and Sale Agreement for Real Property (Stahl ROYI� Mayor Barajas announced that this item will be moved to the next regular Business meeting scheduled for November 21, 2022. ADJOURNMENT There being no further business, the meeting was adjourned at 11:02 PM. PASSED and APPROVED this (�l day of � ��✓ , 20�.._ APPROVED: ATTEST: � ��, �. � �1�,�� Blanche ajas, Mayor Debra Barham, City Clerk Page 9 of 9