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M I N UTES
City Council Regular Meeting
7:00 PM - Monday, December 5, 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, Irving Brown, Joseph
Campos, David Milne, Zahra Roach, and Pete Serrano
Councilmembers absent: None
Staff present: Adam Lincoln, Interim City Manager; Angela Pashon, Interim
Assistant City Manager; Darcy Buckley, Finance Director; Colleen Chapin, Human
Resources Director; Eric Ferguson, City Attorney; Bob Gear, Fire Chief; Zach
Ratkai, Administrative & Community Services Director; Ken Roske, 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 7:03 PM for 20 minutes to discuss with
legal counsel about current or potential litigation per RCW 42.30.110(1)(i) with the
Interim City Manager, City Attorney and Community & Economic Development
Director.
Mr. Serrano left the Executive Session at 7:17 PM and returned to Council
Chambers.
Mr. White left the Executive Session at 7:19 PM and returned to Council Chambers.
At 7:23 PM, Mayor Barajas announced that the Executive Session would continue
for another five minutes.
Mayor Barajas called the meeting back to order at 7:29 PM.
Page 1 of 12
CONSENT AGENDA
Approval of Meeting Minutes for November 21st and 28th
To approve the minutes of the Pasco City Council Regular Meeting held on
November 21, 2022 and Special Meeting and and Regular Workshop held on
November 28, 2022.
Bills and Communications
To approve claims in the total amount of $4,419,390.01 ($2,993,482.21 in Check
Nos. 252293-252562; $414,611.37 in Electronic Transfer Nos. 838011-838028,
838037-838041, 838045-838077, 838080-838204, 838222-838275, 838277,
838281-838346, 838348, 838350-838411, 838415-838421; $19,712.43 in Check
Nos. 54193-54204; $991,584.00 in Electronic Transfer Nos. 30182944-30183518).
Ordinance No. 4625 & Resolution No. 4280 - Budget Amendment and
Approval to the Design Build of America (DBIA) Phase 1 Agreement for the
Zone 3 Water Storage Reservoir Project
To adopt Ordinance No. 4625, amending the 2021-2022 Biennial Budget
(Ordinance No. 4560) of the City of Pasco, Washington, by providing supplement
thereto; to provide additional appropriation in the City's Water Fund for the
construction of the Zone 3 Water Reservoir Storage Tank.
To approve Resolution No. 4280, authorizing the City Manager to execute
Amendment No. 1 to the Design Build Institute of America Phase 1 Agreement with
T Bailey, Inc.for the progressive design-build services for the Zone 3 Water Storage
Reservoir project.
Resolutions Nos. 4281 and 4282 - Bid Award East UGA Expansion Sewer
Local Improvement District No. 152 Phases 1 and 2
To approve Resolution No. 4281, Awarding Bid No. 21295-A for the East Urban
Growth area (UGA) Expansion Sewer Local Improvement District (LID) (LID 152)
Phase 1 project to Tapani, INC. of Battle Ground, Washington, and further,
authorize the City Manager to execute the contract documents and allowing all
necessary budget adjustments.
To approve Resolution No. 4282, Awarding Bid No. 21295-B for the East Urban
Growth area (UGA) Expansion Sewer Local Improvement District (LID) (LID 152)
Phase 2 project to Tapani, INC. of Battle Ground, Washington, and further,
authorize the City Manager to execute the contract documents and allowing all
necessary budget adjustments.
Page 2 of 12
Resolution No. 4283 - Second Work Acceleration Agreement for the Process
Water Reuse Facility Pretreatment Improvements
To approve Resolution No. 4283, authorizing the Interim City Manager to execute
a second Work Acceleration Agreement with Burnham SEV Pasco, LLC for the
Anaerobic Digestion and Renewable Natural Gave Project related to the Process
Water Reuse Facility Phase 3 project.
Resolution No. 4284 - Community Economic Revitalization Board Loan
Application Approval for the Process Water Reuse Facility Pretreatment
Improvements
To approve Resolution No. 4284, authorizing submission of an application for a
community Economic Revitalization Board Loan with the Washington State
Department of commerce for the Process Water Reuse Facility Pretreatment
Improvement Phase 3 project.
Resolution No. 4285 - Contingency Agreement Approval for Community
Economic Revitalization Board Loan Application for the Process Water
Reuse Facility Pretreatment Improvements
To approve Resolution No. 4285, authorizing the interim City Manager to enter into
an agreement for a Community Economic Revitalization Board Loan with the
Washington State Department of Commerce for the Process Water Reuse Facility
Pretreatment Phase 3 Project.
Resolution No. 4286 - Purchase of OpenGov Permitting, Business Licensing
and Code Enforcement Software from Carahsoft Technology Corporation
To approve Resolution No. 4286, authorizing the City Manager to execute a
contract with Carahsoft Technology Corporation for OpenGov Permitting, Business
Licensing and Code Enforcement Software.
Cancellation of December 12, 19, and 27 2022, Regularly Scheduled Council
Meetings
To approve the cancellation of the December 12th and 27th Council Workshop
Meetings and December 19th Council Regular Meeting.
MQTION: Mayor Pro Tem Maloney moved, seconded by Councilmember Brown
to approve the Consent Agenda as read.
RESULT: Motion carried unanimously 7-0
AYES: Mayor Barajas, Mayor Pro Tem Maloney,
Councilmember Brown, Councilmember Campos,
Councilmember Milne, Councilmember Roach, and
Councilmember Serrano
Page 3 of 12
VISITORS - OTHER THAN AGENDA ITEMS
Dallas Barnes, Pasco resident, commented on the Code Enforcement Board meeting
held on Thursday, December 1, 2022, and expressed concern about the action taken
during the December 1, 2022 Code Enforcement Board meeting regarding his property
and requested that Council Iook into it.
REPORTS FROM COMMITTEES AND/OR OFFICERS
Verbal Reports from Councilmembers
Mr. Campos reported on the Ben Franklin Transit Executive Committee meeting he
recently attended.
Ms. Roach reported on the Hanford Communities Governing Board meeting; Visit
Tri-Cities new CEO; the groundbreaking event for the new Tri Cities Animal Control
facility; and the Pasco Chamber Luncheon. She also commented on expressions
of concern she has received from small business owners about bullying tactics from
David Cortinas.
Mr. Milne also commented on the Tri Cities Animal Control's new facility
groundbreaking event and the Pasco Chamber of Commerce Luncheon.
General Fund Monthly Report -August - October 2022
Ms. Buckley provided a brief report for the City's General Fund from August 2022
through October 2022.
HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS
RELATING THERETO
Public Hearing and Ordinance No. 4626 - Approval of 2021-2022 Budget
Supplement Operating � Capital Projects Budgets
Ms. Buckley provided a brief update on the final amendment the 2021-2022
Operating and Capital Projects Budgets, which included supplement to make the
various funds whole.
Mayor Barajas declared the Public Hearing open to considerthe proposed approval
of the 2021-2022 Budget supplement for the City's Operating and Capital Projects
Budgets. 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 Milne
to adopt Ordinance No. 4626, adjusting the 2021-2022 Biennial Budgets of the
City of Pasco by providing supplement thereto; by appropriating revenue
received in excess of estimated revenues for the current year and by providing
transfers and adjustment authority and, further, authorize publication by
summary only.
Page 4 of 12
RESULT: Motion carried unanimously 7-0
AYES: Mayor Barajas, Mayor Pro Tem Maloney,
Councilmember Brown, Councilmember Campos,
Councilmember Milne, Councilmember Roach, and
Councilmember Serrano
Public Hearing - Right-of-Way Vacation for Snake River Agriculture, LLC
(VAC 2022-006)
Mr. White provided a brief report on the proposed right-of-way vacation. He noted
that staff recommends denial of this request.
Council briefly discussed the proposed vacation and the possible use of the land to
accommodate for traffic needs in the future.
Mayor Barajas declared the Public Hearing open to consider the proposed right-of-
way vacation for Snake River Agriculture, LLC.
Steven Bauman, Snake River Agriculture representative, explained that the owner
of the property plans build a gas station on the property. He requested that Council
approve the right-of-way vacation and suggested that the City may retain a roadway
easement if need be.
Following three calls for comments, and there being none, Mayor Barajas declared
the Public Hearing closed.
Council and staff continued discussion of the possible need for the future use of the
right-of-way and requested that this item be continued with additional information
that could accommodate both the City and the applicant.
MOTION: Mayor Pro Tem Maloney moved, seconded by Councilmember Roach
to continue the right-of-way vacation for Snake River Agriculture, LLC (VAC
2022-006) to the Council Workshop scheduled for February 13, 2023.
RESULT: Motion carried unanimously 7-0
AYES: Mayor Barajas, Mayor Pro Tem Maloney,
Councilmember Brown, Councilmember Campos,
Councilmember Milne, Councilmember Roach, and
Councilmember Serrano
Public Hearing and Ordinance No. 4627 -Approval of Alford/Cole Annexation
(ANX 2022-003)
Mr. White provided a brief report on the proposed annexation.
Mayor Pro Tem Maloney requested information on how this annexation may impact
local improvement district projects.
Page 5 of 12
Mayor Barajas declared the Public Hearing open to consider the approval of the
proposed Alford / Cole annexation. 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
Serrano to adopt Ordinance No. 4627, relating to annexation and annexing
certain real property to the City of Pasco, and further, authorize publication by
summary only.
RESULT: Motion carried unanimously 7-0
AYES: Mayor Barajas, Mayor Pro Tem Maloney,
Councilmember Brown, Councilmember Campos,
Councilmember Milne, Councilmember Roach, and
Councilmember Serrano
ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS
Ordinance No. 4628 -Approval of Acevedo Rezone from RS-12 to R-1 (Z 2022-
014)
Mr. White provided a brief report on the proposed rezone from RS-12 to R-1 (Z
2022-014).
Mr. Ferguson read the quasi judicial procedure including how the Appearance of
Fairness Doctrine applies to it. Next, he asked all Councilmembers a series of
questions associated with potential conflicts of interest to disclose such potential
conflicts or appearance of conflicts. With no response from the Councilmembers,
he asked if any members of the public were seeking to disqualify a member of
Council from participating in the proceedings. No one came forward.
Mr. Serrano asked for some clarification regarding the zoning and Mr. White
provided an explanation.
MOTION: Mayor Pro Tem Maloney moved, seconded by Councilmember
Campos to adopt Ordinance No. 4628, approving a rezone at 1305 Road 44
from RS-12 (Low Density Residential) to R-1 (Low Density Residential) and,
further, authorize publication by summary only.
RESULT: Motion carried 6-1
AYES: Mayor Barajas, Mayor Pro Tem Maloney,
Councilmember Brown, Councilmember Campos,
Councilmember Milne, and Councilmember Roach
NAYS: Councilmember Serrano
Page 6 of 12
Ordinance No. 4629 -Approval of Gerig Rezone from R-2 to R-4 (Z 2022-015)
Mr. Ferguson read the quasi judicial procedure including how the Appearance of
Fairness Doctrine applies to it. Next, he asked all Councilmembers a series of
questions associated with potential conflicts of interest to disclose such potential
conflicts or appearance of conflicts. With no response from the Councilmembers,
he asked if any members of the public were seeking to disqualify a member of
Council from participating in the proceedings. No one came forward.
Mr. White provided a brief report on the proposed rezone from R-2 to R-1 (Z 2022-
015).
Mayor Pro Tem Maloney and Mr. Serrano asked for some clarification regarding
the zoning and Mr. White provided an explanation.
MOTION: Mayor Pro Tem Maloney moved, seconded by Councilmember Brown
to adopt Ordinance No. 4629, approving a rezone at 2503 W Park Street from
R-2 (Medium Density Residential)to R-4 (High Density Residential)and, further,
authorize publication by summary only.
RESULT: Motion carried 6-1
AYES: Mayor Barajas, Mayor Pro Tem Maloney,
Councilmember Brown, Councilmember Campos,
Councilmember Milne, and Councilmember Roach
NAYS: Councilmember Serrano
Ordinance No. 4630 - Approval of Davidson Rezone from R-S-20 to R-1 (Z
2022-016)
Mr. Ferguson read the quasi judicial procedure including how the Appearance of
Fairness Doctrine applies to it. Next, he asked all Councilmembers a series of
questions associated with potential conflicts of interest to disclose such potential
conflicts or appearance of conflicts. With no response from the Councilmembers,
he asked if any members of the public were seeking to disqualify a member of
Council from participating in the proceedings. No one came forward.
Mr. White provided a brief report on the proposed rezone from R-S-20 to R-1 (Z
2022-016).
MOTION: Mayor Pro Tem Maloney moved, seconded by Councilmember Roach
to adopt Ordinance No. 4630, approving a rezone at 6007 W. Court Street from
R-S-20 (Suburban) to R-1 (Low Density Residential) and, further, authorize
publication by summary only.
RESULT: Motion carried 6-1
AYES: Mayor Barajas, Mayor Pro Tem Maloney,
Councilmember Brown, Councilmember Campos,
Councilmember Milne, and Councilmember Roach
NAYS: Councilmember Serrano
Page 7 of 12
Ordinance No. 4631 - Amending the Pasco Municipal Code Title 3 and
Establish Animal Control Operations Fund
Ms. Buckley provided a brief report creating a new fund to support the Animal
Control Operations.
MOTION: Mayor Pro Tem Maloney moved, seconded by Councilmember Milne
to adopt Ordinance No. 4631, relating to the establishment of the Animal Control
and Services Fund to support the newly City managed Facility and create a new
Chapter 3.147, "Animal Control and Services Fund" in the Pasco Municipal
Code, and further, authorize publication by summary only.
RESULT: Motion carried unanimously 7-0
AYES: Mayor Barajas, Mayor Pro Tem Maloney,
Councilmember Brown, Councilmember Campos,
Councilmember Milne, Councilmember Roach, and
Councilmember Serrano
Resolution No. 4287 - 2023-2025 International Association of Firefighter
(IAFF), Local No. 1433, Collective Bargaining Agreement
Ms. Chapin provided a brief update on the proposed IAFF, Local No. 1433
Collective Bargaining Agreement and confirmed that staff recommends approval of
this agreement.
MOTION: Mayor Pro Tem Maloney moved, seconded by Councilmember
Serrano to approve Resolution No. 4287, approving the 2023-2025 Collective
Bargaining Agreement with the International Association of Firefighters, Local
No. 1433.
RESULT: Motion carried unanimously 7-0
AYES: Mayor Barajas, Mayor Pro Tem Maloney,
Councilmember Brown, Councilmember Campos,
Councilmember Milne, Councilmember Roach, and
Councilmember Serrano
Resolution No. 4288 - 2023-2025 Pasco Police Officers Association - Non-
Uniform Unit (PPOA - NU) Collective Bargaining Agreement
Ms. Chapin introduced Police Chief Roske and PPOA President James Thompson
who provided a brief update on the proposed PPOA - NU Collective Bargaining
Agreement.
MOTION: Mayor Pro Tem Maloney moved, seconded by Councilmember Milne
to approve Resolution No.4288, approving the 2023-2025 Collective Bargaining
Agreement with the Pasco Police Officers Association - Non-Uniform Bargaining
Unit.
Page 8 of 12
RESULT: Motion carried unanimously 7-0
AYES: Mayor Barajas, Mayor Pro Tem Maloney,
Councilmember Brown, Councilmember Campos,
Councilmember Milne, Councilmember Roach, and
Councilmember Serrano
Resolution No. 4289 -Acceptance of Work of Peanuts Park Project
Mr. Ratkai provided a brief report on the project closure of the Peanuts Park project.
Council and staff further discussed the proposed project completion and Council
inquired about possible unfinished work and warranty work; and they requested
that additional features be included in the park.
MOTION: Mayor Pro Tem Maloney moved, seconded by Councilmember
Serrano to to table Resolution No. 4289, accepting work performed by Booth &
Sons Construction Inc., under contract for the Peanuts Park Project.
RESULT: Motion carried 5-2
AYES: Mayor Pro Tem Maloney, Mayor Barajas,
Councilmember Campos, Councilmember Roach, and
Councilmember Serrano
NAYS: Councilmember Brown and Councilmember Milne
Resolution No. 4290 - Interfund Loan Amendment from General Fund to
Marina Fund
Ms. Buckley provided a brief report on the proposed interfund loan amendment.
MOTION: Mayor Pro Tem Maloney moved, seconded by Councilmember
Serrano to approve Resolution No. 4290, authorizing an interfund loan
amendment from the General Fund to the Marina Fund.
RESULT: Motion carried unanimously 7-0
AYES: Mayor Barajas, Mayor Pro Tem Maloney,
Councilmember Brown, Councilmember Campos,
Councilmember Milne, Councilmember Roach, and
Councilmember Serrano
RECESS
Mayor Barajas called a five-minute break at 8:56 PM.
Page 9 of 12
UNFINISHED BUSINESS
Ordinance No. 4632 - Adopting the Redistricting Plan and Amending the
Pasco Municipal Code Chapter 1.15 Voting Districts
Mr. Serrano recused himself from the this item and left the Council Chambers at
9:04 PM.
Mr. Ferguson provided a brief history of creating up through the current redistricting
of the Council Voting Districts.
Steve Bauman, Franklin County resident, expressed concern regarding the
redistricting process.
Gabriel Portugal, Pasco resident and League of United Latin American Citizens
(LULAC} representative, expressed concern regarding the late notice of the
redistricting process and invited Council to review the LULAC redistricting map
provided in the letter he sent to Council over the weekend.
MOTION: Mayor Pro Tem Maloney moved, seconded by Councilmember Roach
to adopt Ordinance No. 4632, adopting the Redistricting Plan in compliance with
RCW 29A.76.010 and amending the Pasco Municipal Code Chapter 1.15 Voting
Districts based on the 2020 U.S. Decennial Census data as required by
Washington State and Federal Voting laws, and further, authorize publication by
summary on1y.
RESULT: Motion carried unanimously 6-0
AYES: Mayor Barajas, Mayor Pro Tem Maloney,
Councilmember Brown, Councilmember Campos,
Councilmember Milne, and Councilmember Roach
ABSENT: Councilmember Serrano
Mr. Serrano returned to the Council Chambers at 9:25 PM.
Resolution No. 4291 - Downtown Pasco Development Authority (DPDA) 2023
Funding Request
Mr. White provided a brief report on the proposed Downtown Pasco Development
Authority (DPDA) 2023 Funding Agreement.
Council discussion ensued regarding the consultant the City hired to assist the
DPDA; whether or not to fund the DPDA in 2023, how much to fund the DPDA in
2023; has the DPDA been consistently underfunded and should the full funding
amount requested be considered.
Near the end of the discussion Mayor Barajas requested that the DPDA report back
to Council on a monthly basis and she requested a work plan from DPDA for 2023.
Page 10 of 12
MOTION: Councilmember Serrano moved, seconded by Councilmember Brown
to approve Resolution No. 4291, authorizing the City Manager to execute the
2023 Funding Agreement with the Downtown Pasco Development Authority with
Option D for an initial payment of$120,000 for the 6 month and subequ quarter
up to $60,000.
RESULT: Motion carried 5-2
AYES: Mayor Barajas, Mayor Pro Tem Maloney,
Councilmember Brown, Councilmember Campos, and
Councilmember Roach
NAYS: Councilmember Milne and Councilmember Serrano
Ordinance No. 4615 -Approval of Road 40 LLC Rezone from I-1 to I-2 (Z 2022-
009)
Mr. Ferguson read the quasi judicial procedure including how the Appearance of
Fairness Doctrine applies to it. Next, he asked all Councilmembers a series of
questions associated with potential conflicts of interest to disclose such potential
conflicts or appearance of conflicts. With no response from the Councilmembers,
he asked if any members of the public were seeking to disqualify a member of
Council from participating in the proceedings. No one came forward.
MOTION: Mayor Pro Tem Maloney moved, seconded by Councilmember
Serrano to adopt Ordinance No. 4615, approving a rezone for a property on the
west side of Road 40 East, south of "A" Street from I-1 (Light Industrial) to I-2
(Medium Industrial) and further, authorize publication by summary only.
RESULT: Motion carried 5-2
AYES: Mayor Barajas, Mayor Pro Tem Maloney,
Councilmember Campos, Councilmember Milne, and
Councilmember Serrano
NAYS: Councilmember Brown and Councilmember Roach
Approval of the Lodging Tax Advisory Committee (LTAC) Recommendations
for 2023
Mayor Pro Tem Maloney expressed concern about the Tamale Festival
recommended for funding in 2023 by the LTAC. He requested it be removed from
the funding list based on a conflict of interest he believed was noted within the
application.
Mr. Serrano was opposed to pulling one specific item from the list of
recommendations on such short notice.
Mr. Ferguson explained Council's authority to accept the LTAC's recommendations
in whole, in part or not at all and in this case a modification to the funding list was
requested by Mayor Pro Tem Maloney.
Page 11 of 12
MOTION: Mayor Pro Tem Maloney moved, seconded by Councilmember
Campos to approve the Lodging Tax Advisory Committee recommendations for
the 2023 funding allocations with the removal of the $8,500 for the Tamale
Festival.
RESULT: Motion carried 5-2
AYES: Mayor Barajas, Mayor Pro Tem Maloney,
Councilmember Brown, Councilmember Campos, and
Councilmember Roach
NAYS: Councilmember Milne and Councilmember Serrano
MISCELLANEOUS DISCUSSION
Mr. Lincoln announced that there were a few traffic accidents the previous night due to
winter weather conditions. The Public Works Department has a sign up list for those
Councilmembers that would like to participate in a snowplow ride-along.
Mr. Lincoln noted the following events scheduled in December:
• The first stakeholder meeting for the Housing Action Plan is scheduled for
December 13th.
• Pasco's WinterFest is currently underway.
• The Annual Lampson Cable Bridge Rus is scheduled for December 17th.
• Coffee with a Cop is scheduled for December 7th
Lastly, Mr. Lincoln announced that Police Officer Jones is healing well from the gun
shot wound and he wished everyone a Merry Christmas and Happy New Year.
Mayor Barajas announced the Heroes Basketball Charity game scheduled for
December 17th, noting that it's a game between the Pasco Police and Pasco Fire
Departments' staff.
Mr. Campos expressed thanks to the Public Works Streets Division for their work on
clearing the roads.
ADJOURNMENT
There being no further business, the meeting was adjourned at 10:41 PM.
PASSED and APPROVED this 3� day of J��.G� , 20t-3.
APPROVED: ATTEST:
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Blanc arajas, ayor Debra Barham, City Clerk
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