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HomeMy WebLinkAbout2023.04.17 Council MinutesVCity of Sco Washington MINUTES City Council Regular Meeting 7:00 PM - Monday, April 17, 2023 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, and Pete Serrano Councilmembers absent: Zahra Roach Staff present: Adam Lincoln, Interim City Manager; Angela Pashon, Assistant City Manager; Darcy Buckley, Finance Director; Eric Ferguson, City Attorney; Bob Gear, Fire Chief; Zach Ratkai, Administrative & Community Services Director; Jesse Rice, Information Technology 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. Mayor Pro Tern Maloney requested that the New Business Item "Resolution No. 4343 - Appointing Adam R. Lincoln as the City Manager and Approving the Employment Agreement with Adam R. Lincoln for the Position of City Manager," be moved before Section 4 "Consent Agenda" on the Council Meeting Agenda. MOTION: Mayor Pro Tern Maloney moved, seconded by Councilmember Campos to move the New Business Item No. 11(a) Resolution No. 4343 - Appointing Adam R. Lincoln as the City Manager and Approving the Employment Agreement with Adam R. Lincoln for the position of City Manager up before Section 4 for discussion and action. RESULT: Motion carried unanimously 6-0 AYES: Mayor Barajas, Mayor Pro Tern Maloney, Councilmember Brown, Councilmember Campos, Councilmember Milne, and Councilmember Serrano ABSENT: Councilmember Roach Page 1 of 16 NEW BUSINESS Resolution No. 4343 - Appointing Adam R. Lincoln as the City Manager and Approving the Employment Agreement with Adam R. Lincoln for the position of City Manager Council expressed appreciation and support for Mr. Lincoln as the next City Manager. MOTION: Mayor Pro Tern Maloney moved, seconded by Councilmember Milne to approve Resolution No. 4343, appointing Adam R. Lincoln as City Manager and approving the Employment Agreement for Adam R. Lincoln for the position of City Manager. RESULT: Motion carried unanimously 6-0 AYES: Mayor Barajas, Mayor Pro Tern Maloney, Councilmember Brown, Councilmember Campos, Councilmember Milne, and Councilmember Serrano ABSENT: Councilmember Roach Mayor Barajas administered the Oath to City Manager to Mr. Lincoln. Mr. Lincoln expressed his appreciation for Council's support, as well as the support from his family in the appointment of City Manager. RECESS Mayor Barajas called a five-minute recess at 7:13 PM. CONSENT AGENDA Approval of Meeting Minutes for April 3rd and 10th To approve the minutes of the Pasco City Council Regular Meeting and Regular Workshop held on April 3, 2023, and April 10, 2023, respectively. Bills and Communications To approve claims in the total amount of $6,398,679.14 ($4,899,014.64 in Check Nos. 255074-255376; $222,733.68 in Electronic Transfer Nos. 840146-840147, 840158-840159, 840274, 840276-840277; $16,362.17 in Check Nos. 54324- 54336; $1,260,568.65 in Electronic Transfer Nos. 30188842-30189469). To approve bad debt write-off for accounts receivable including Utility Billing, Ambulance, Cemetery, General Accounts, and Miscellaneous Accounts in the total amount of $427,488.59 and, of that amount, authorize $107,327.07 to be turned over for collection. Page 2 of 16 Resolution No. 4337 - Bid Award East UGA Expansion Sewer Local Improvement District No. 152 Phase 4 To approve Resolution No. 4337, Awarding Bid No. 21295-D for the East Urban Growth Area (UGA) Expansion Sewer Local Improvement District (LID) No.152, Phase 4 Project to Apollo, Inc., of Kennewick, Washington, and further, authorize the Interim City Manager to execute the contract documents and allowing for all necessary budget adjustments. Resolution No. 4338 - Pasco Public Facilities District Interlocal Agreement To approve Resolution No. 4338, Authorizing the City Manager to execute an Interlocal Agreement between the Pasco Public Facilities District and the City of Pasco for formalization of cooperative relationships. Resolution No. 4339 - Lewis Street Overpass Change Orders To approve Resolution No. 4339, authorizing the Interim City Manager to execute Change Orders No. 12-17 to the construction contract with Cascade Bridge, LLC. for the Lewis Street Overpass Project. Resolution No. 4340 - Amendment No. 3 to Consor PSA for Construction Support Services for the Wastewater Treatment Plant Improvements Phase 2 project. To approve Resolution No. 4340, authorizing the Interim City Manager to execute Amendment No. 3 for the Professional Services Agreement with Consor North America, Inc. for Construction Support Services for the Wastewater Treatment Plant Improvements Phase 2 Project. Resolution No. 4341 - Professional Services Agreement with HDR, Inc. for Construction Management Services for the Wastewater Treatment Plant Improvements Phase 2 Project To approve Resolution No. 4341, awarding the Wastewater Treatment Plant Improvements Phase 2 Project Construction Management Services to HDR, Inc. of Pasco, Washington, in the amount of $2,274,107.91, and further authorize the Interim City Manager to execute the contract documents. Resolution No. 4342 - Change Order No. 12 for the West Pasco Water Treatment Plant Phase 1 and Budget Amendment To approve Resolution No. 4342, authorizing the Interim City Manager to execute Change Order No. 12 to the construction contract with Apollo, Inc. for the West Pasco Water Treatment (WPWTP) Improvements, Phase 1 project. Page 3 of 16 Approval of Letter of Support for the Confederated Tribes of the Colville Reservation Pasco Project To approve a Letter of Support for the Confederated Tribes of the Colville Reservation's Pasco Project. MOTION: Mayor Pro Tern Maloney moved, seconded by Councilmember Serrano to approve the Consent Agenda as read. RESULT: Motion carried unanimously 6-0 AYES: Mayor Barajas, Mayor Pro Tern Maloney, Councilmember Brown, Councilmember Campos, Councilmember Milne, and Councilmember Serrano ABSENT: Councilmember Roach PUBLIC COMMENTS Mr. Campos asked for clarification on what types of comments were allowed during the public comment period and during the public hearing period. City Attorney Ferguson confirmed that there was one public hearing scheduled for the meeting and that would be the appropriate place to hear the public's testimony and comments. He also stated that there was another quasi-judicial matter scheduled under Section 9 "Ordinances and Resolutions Not relating to Hearings," Item 9(b) "Ordinance No. 664 - Columbia Shores Planned Unit Development Rezone." He confirmed that the public hearing for that action occurred at a recent Hearing Examiner's hearing. Therefore, no additional testimony or comments may be given during the public comment period or during the discussion of that item. Prent Houch, Pasco resident, expressed concern about public notice related to public hearings. Salina Savage, Pasco resident, commented about 20 acres of property she owns and communications regarding the change in the zoning of that property. Arron Richardson, Pasco resident, commented on a safety concern located within his neighborhood. Mr. Ferguson reiterated that Item 9(b) "Ordinance No. 4664 - Columbia Shores Planned Unit Development Rezone," was properly noticed and the public hearing for it was conducted by the City's Hearing Examiner. No additional comments, that may affect Council's decision, may be given by the public. Mr. Milne expressed concern regarding the street racing that occurs within his neighborhood and explained that was why residents were at the meeting. Page 4 of 16 Mr. Ferguson stated that if the comments are related to the quasi-judicial matter, then no comments should be allowed. Mayor Pro Tern Maloney recommended that Council adjourn into Executive Session. MOTION: Mayor Pro Tern Maloney moved, seconded by Councilmember Campos to adjourn into Executive Session for 10 minutes to discuss with legal counsel about current or potential litigation per RCW 42.30.110(1)(i). RESULT: Motion carried. 4-2 AYES: Mayor Barajas, Mayor Pro Tern Maloney, Councilmember Brown, and Councilmember Campos NAYS: Councilmember Milne and Councilmember Serrano ABSENT: Councilmember Roach EXECUTIVE SESSION Council adjourned into Executive Session at 7:38 PM for 10 minutes to discuss with legal counsel about current or potential litigation per RCW 42.30.110(1)(i) with the City Manager, City Attorney and Community and Economic Development Director. At 7:49 PM Mayor Barajas announced that the Executive Session would continue for another 10 minutes. Mayor Barajas called the meeting back to order at 8:01 PM. PUBLIC COMMENTS CONTINUED Mr. Milne proposed a listening session regarding "public safety including road safety" be held within the next two weeks. Mr. Lincoln confirmed that staff would schedule the listening session for road/pedestrian/other modes of transportation safety concerns, which would include staff from Public Works, Community & Economic Development and Police. Julian Jensen, Kennewick, WA resident and Southwest Regional Council of Carpenters Union representative, commented on the contractor for Lewis Street Overpass Project; noted that less than fifteen -percent union apprentices were on the job as required by law and recommended carpenters from his local union be considered. Juan Flores, Pasco resident and local union carpenter apprentice, commented on the lack of union carpenters on the Lewis Street Overpass Project. Joshua Davis, Richland WA resident and local union carpenter apprentice, commented on the lack jobs locally a union carpenter apprentice. Jerry Roach, Pasco resident, commented on appropriate notice for public hearings. Page 5 of 16 Bill Warren, Pasco resident, commented on City Manager/Council form of government and staff responses to it's citizens. Thomas Granbois, Pasco resident and Downtown Pasco business owner, commented about the Pasco Business Advisory Council and the downtown Pasco area zoning. Marla Marvin, Pasco resident and Save Our Shoreline representative, commented on the Parks, Recreation, and Open Space Master Plan. She expressed support for shoreline area identified in the Broadmoor Area Master Plan and submitted copies of a map to City Clerk Barham. The map was distributed to Council. Pete Ricci, Pasco resident, commented on the Parks, Recreation and Open Space Master Plan and recommended changing the Parks and Recreation Division to the Parks and Recreation Department to better address the needs of the parks and shoreline within Pasco. Robert Carosino, Pasco resident, commented on the Parks, Recreation and Open Space Master Plan and requested a modification to the Master Plan. He stated that he provided the proposed modification to Council in writing. Marie Ruzine-Roach, Pasco resident, asked when will the Public Safety Listening Session be held and how will citizens be notified if they do not follow social media. Ms. Pashon took Ms. Ruzine-Roach's contact information. Stephen Bauman, Franklin County resident, asked that Council discuss the Comprehensive Plan Amendment 2022-003 when it comes before them under Item 9(a), Ordinances Nos. 4649- to 4663 - Approving the 2022 Comprehensive Plan Amendments. REPORTS FROM COMMITTEES AND/OR OFFICERS Verbal Reports from Councilmembers Mr. Campos, announced that Delta High School is looking for opportunities to host their students via job shadowing event within the next week or so. Mr. Milne, commented on the recent Arbor Day event held in Kurtzman Park. Mayor Barajas commented on the recent Charter College graduation where she as a key -note speaker. She also commented on the Catholic Charities new housing facility ribbon cutting event. Lastly, she announced that a Pasco, Peru Fire Department delegation would be at the City on Wednesday, April 19th. Page 6of16 HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS RELATING THERETO Q Public Hearing and Ordinance No. 4648, Empire Bros Construction Rights - of -Way Vacation (VAC 2022-010) Mayor Barajas announced that the Empire Bros Construction Right -of -Way Vacation was a quasi-judicial action and asked Mr. Ferguson to explain the procedure for quasi-judicial items. Mr. White provided brief report on the proposed rights -of -way vacation with Empire Bros Construction. 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. Mayor Barajas declared the Public Hearing open to consider the proposed vacation. Steven Bauman, representative to neighboring property owner, expressed support for this action. Following three calls for comments, and there being none, Mayor Barajas declared the Public Hearing closed. MOTION: Mayor Pro Tern Maloney moved, seconded by Councilmember Serrano to adopt Ordinance No. 4648, vacating portions of rights -of -way in Washington Addition to Pasco in the vicinity of East Helena Street, and further, authorize publication by summary only. RESULT: Motion carried unanimously 6-0 AYES: Mayor Barajas, Mayor Pro Tern Maloney, Councilmember Brown, Councilmember Campos, Councilmember Milne, and Councilmember Serrano ABSENT: Councilmember Roach ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS Ordinances Nos. 4649 to 4663 - Approving the 2022 Comprehensive Plan Amendments Mr. White introduced Planning Manager Gonzalez who provided a brief update to the proposed 2022 Comprehensive Plan Amendments (CPA). He discussed the evaluation criteria and additional factors for the CPAs consideration. He stated that Page 7 of 16 staff recommends approval of all of the privately initiated applications, with the exception of CPA2022-003. Staff recommended that CPA2022-003 be moved and placed on the 2023 Comprehensive Plan Amendment Docket as the required Environmental Impact Statement was still pending. Mr. Gonzalez also commented on the City initiated applications, noting that staff recommended approval of these CPAs. Mr. Serrano asked when the 2023 Comprehensive Plan Amendment docket will come forward for Council consideration. Mr. Gonzalez confirmed that the 2023 docket will be brought forward in 2024 as only one amendment can be done annually. Mayor Pro Tern Maloney asked about the proposed CPA2022-013 to establish the Downtown Land Use and amended the Pasco Municipal Code, Chapter 25.95 "Central Business Overlay District" related to the 2022 Comprehensive Plan Docket and the Downtown Pasco Master Plan. Mr. Gonzales responded to Mayor Pro Tern Maloney's questions. Mayor Pro Tern Maloney also expressed concern about the off-street parking in the District and support for protecting the residents located within and next to the Central Business Overlay District and requested staff provide an explanation at a later time. MOTION: Mayor Pro Tern Maloney moved, seconded by Councilmember Serrano to adopt Ordinance No. 4649, adopting the Broadmoor Boulevard and Burns Road (CPA2022-001) future land use amendment to the Comprehensive Plan of the City of Pasco Pursuant to the Growth Management Act Chapter 36.70A RCW. RESULT: Motion carried unanimously 6-0 AYES: Mayor Barajas, Mayor Pro Tem Maloney, Councilmember Brown, Councilmember Campos, Councilmember Milne, and Councilmember Serrano ABSENT: Councilmember Roach MOTION: Mayor Pro Tern Maloney moved, seconded by Councilmember Milne to adopt Ordinance No. 4650, adopting the West Argent and Road 68 (CPA2022- 002) future land use amendment to the Comprehensive Plan of the City of Pasco Pursuant to the Growth Management Act Chapter 36.70A RCW. RESULT: Motion carried unanimously 6-0 AYES: Mayor Barajas, Mayor Pro Tern Maloney, Councilmember Brown, Councilmember Campos, Councilmember Milne, and Councilmember Serrano ABSENT: Councilmember Roach Page 8 of 16 MOTION: Mayor Pro Tem Maloney moved, seconded by Councilmember Brown to adopt Ordinance No. 4651, adopting the Broadmoor Boulevard (CPA2022- 004) future land use amendment to the Comprehensive Plan of the City of Pasco Pursuant to the Growth Management Act Chapter 36.70A RCW. RESULT: Motion carried unanimously 6-0 AYES: Mayor Barajas, Mayor Pro Tem Maloney, Councilmember Brown, Councilmember Campos, Councilmember Milne, and Councilmember Serrano ABSENT: Councilmember Roach Public Comments for CPA2022-006 Peter Harpster, representative for the owner, expressed support for the CPA2022- 006. MOTION: Mayor Pro Tem Maloney moved, seconded by Councilmember Brown to adopt Ordinance No. 4652, adopting the Burns Road, between Convention Drive and Ochoco Lane (CPA2022-006) future land use amendment to the Comprehensive Plan of the City of Pasco Pursuant to the Growth Management Act Chapter 36.70A RCW. RESULT: Motion carried unanimously 6-0 AYES: Mayor Barajas, Mayor Pro Tem Maloney, Councilmember Brown, Councilmember Campos, Councilmember Milne, and Councilmember Serrano ABSENT: Councilmember Roach MOTION: Mayor Pro Tem Maloney moved, seconded by Councilmember Milne to adopt Ordinance No. 4653, adopting the Wrigley Drive (CPA2022-007) future land use amendment to the Comprehensive Plan of the City of Pasco Pursuant to the Growth Management Act Chapter 36.70A RCW. RESULT: Motion carried unanimously 6-0 AYES: Mayor Barajas, Mayor Pro Tem Maloney, Councilmember Brown, Councilmember Campos, Councilmember Milne, and Councilmember Serrano ABSENT: Councilmember Roach MOTION: Mayor Pro Tem Maloney moved, seconded by Councilmember Serrano to adopt Ordinance No. 4654, adopting the Chapel Hill Boulevard (CPA2022-008) future land use amendment to the Comprehensive Plan of the City of Pasco Pursuant to the Growth Management Act Chapter 36.70A RCW. RESULT: Motion carried unanimously 6-0 AYES: Mayor Barajas, Mayor Pro Tem Maloney, Councilmember Brown, Councilmember Campos, Councilmember Milne, and Councilmember Serrano Page 9 of 16 ABSENT: Councilmember Roach MOTION: Mayor Pro Tern Maloney moved, seconded by Councilmember Milne to adopt Ordinance No. 4655, adopting the Broadmoor Boulevard (CPA2022- 009) future land use amendment to the Comprehensive Plan of the City of Pasco Pursuant to the Growth Management Act Chapter 36.70A RCW. RESULT: Motion carried unanimously 6-0 AYES: Mayor Barajas, Mayor Pro Tern Maloney, Councilmember Brown, Councilmember Campos, Councilmember Milne, and Councilmember Serrano ABSENT: Councilmember Roach MOTION: Mayor Pro Tern Maloney moved, seconded by Councilmember Campos to adopt Ordinance No. 4656, adopting the North 28th Avenue (CPA2022-010) future land use amendment to the Comprehensive Plan of the City of Pasco Pursuant to the Growth Management Act Chapter 36.70A RCW. RESULT: Motion carried unanimously 6-0 AYES: Mayor Barajas, Mayor Pro Tem Maloney, Councilmember Brown, Councilmember Campos, Councilmember Milne, and Councilmember Serrano ABSENT: Councilmember Roach Public Comments for CPA2022-011 Prent Houck, Pasco resident, understood that CPA 2022-011 was moved out for two weeks. He expressed confusion on how to locate the specifics (agenda reports) for the actions before Council tonight. Mr. Lincoln confirmed that Council directed staff to hold a special listening session regarding Road Public Safety will be scheduled within the next two weeks. Mr. Lincoln explained how to access the agenda reports online. MOTION: Mayor Pro Tern Maloney moved, seconded by Councilmember Campos to adopt Ordinance No. 4657, adopting the West Court Street (CPA2022-011) future land use amendment to the Comprehensive Plan of the City of Pasco Pursuant to the Growth Management Act Chapter 36.70A RCW. RESULT: Motion carried unanimously 6-0 AYES: Mayor Barajas, Mayor Pro Tern Maloney, Councilmember Brown, Councilmember Campos, Councilmember Milne, and Councilmember Serrano ABSENT: Councilmember Roach Page 10 of 16 Public Comments for CPA2022-013 Thomas Granbois, Pasco resident and downtown Pasco business owner, suggested that parking be reviewed within the entire downtown area and develop a plan for parking. He also inquired about required traffic studies required when a new business starts the permitting process. Mr. Gonzalez responded that staff has received comments about developing a parking plan and it would be discussed with the implementation of the Downtown Pasco Master Plan, as early as the next scheduled Downtown Pasco Development Authority Board meeting. He also stated that traffic studies are not related to this action. MOTION: Mayor Pro Tern Maloney moved, seconded by Councilmember Brown to adopt Ordinance No. 4658, to establish Downtown Land Use and amend the Pasco Municipal Code Chapter 25.95, "Central Business Overlay District" related to 2022 Comprehensive Plan Docket and the Downtown Pasco Master Plan (CPA2022-013). RESULT: Motion carried unanimously 6-0 AYES: Mayor Barajas, Mayor Pro Tem Maloney, Councilmember Brown, Councilmember Campos, Councilmember Milne, and Councilmember Serrano ABSENT: Councilmember Roach MOTION: Mayor Pro Tern Maloney moved, seconded by Councilmember Serrano to adopt Ordinance No. 4659, approving the Broadmoor Master Plan and amending the Pasco Municipal Code by creating Chapter 25.97 "Broadmoor Overlay District," related to 2022 Comprehensive Plan Docket and Broadmoor Master Plan (CPA2022-014). RESULT: Motion carried unanimously 6-0 AYES: Mayor Barajas, Mayor Pro Tern Maloney, Councilmember Brown, Councilmember Campos, Councilmember Milne, and Councilmember Serrano ABSENT: Councilmember Roach MOTION: Mayor Pro Tern Maloney moved, seconded by Councilmember Campos to adopt Ordinance No. 4660, adopting the Heritage Boulevard/Ramgar Estates (CPA2022-015) future land use amendment to the Comprehensive Plan of the City of Pasco Pursuant to the Growth Management Act Chapter 36.70A RCW. RESULT: Motion carried unanimously 6-0 AYES: Mayor Barajas, Mayor Pro Tern Maloney, Councilmember Brown, Councilmember Campos, Councilmember Milne, and Councilmember Serrano ABSENT: Councilmember Roach Page 11 of 16 MOTION: Mayor Pro Tern Maloney moved, seconded by Councilmember Milne to adopt Ordinance No. 4661, adopting the West Court Street, between 19th Avenue & 14th Avenue (CPA2022-016) future land use amendment to the Comprehensive Plan of the City of Pasco Pursuant to the Growth Management Act Chapter 36.70A RCW. RESULT: Motion carried unanimously 6-0 AYES: Mayor Barajas, Mayor Pro Tern Maloney, Councilmember Brown, Councilmember Campos, Councilmember Milne, and Councilmember Serrano ABSENT: Councilmember Roach MOTION: Mayor Pro Tern Maloney moved, seconded by Councilmember Serrano to adopt Ordinance No. 4662, adopting the 10th Avenue, between West A Street & West Washington Street (CPA2022-017) future land use amendment to the Comprehensive Plan of the City of Pasco Pursuant to the Growth Management Act Chapter 36.70A RCW. RESULT: Motion carried unanimously 6-0 AYES: Mayor Barajas, Mayor Pro Tern Maloney, Councilmember Brown, Councilmember Campos, Councilmember Milne, and Councilmember Serrano ABSENT: Councilmember Roach MOTION: Mayor Pro Tern Maloney moved, seconded by Councilmember Milne to adopt Ordinance No. 4663, amending the Future Land Use Map descriptions and the Pasco Municipal Code, Section 25.215.015 "Comprehensive Plan Land Use Density Table" related to 2022 Comprehensive Plan Docket and Broadmoor Master Plan (CPA2022-018). RESULT: Motion carried unanimously 6-0 AYES: Mayor Barajas, Mayor Pro Tern Maloney, Councilmember Brown, Councilmember Campos, Councilmember Milne, and Councilmember Serrano ABSENT: Councilmember Roach Public Comments for CPA2022-003 Steve Bauman, representative for property owner, asked Council to move this item forward tonight. Mr. Serrano stated that there is a need for affordable housing. He cited WAC 197- 11, asked for clarification of the SEPA process and expressed support to approve CPA 2022-003. Page 12 of 16 Mr. Ferguson referred WAC 197-11-070 and stated that the Final Environmental Impact Statement has not been completed and until it is, this action cannot move forward at this time. MOTION: Mayor Pro Tern Maloney moved, seconded by Councilmember Campos to continue the evaluation of CPA2022-003 to the 2023 Comprehensive Plan Amendment cycle per WAC 197-11-070. RESULT: Motion carried 4-1 AYES: Mayor Barajas, Mayor Pro Tern Maloney, Councilmember Brown, and Councilmember Campos NAYS: Councilmember Serrano ABSTAIN: Councilmember Milne ABSENT: Councilmember Roach RECESS Mayor Barajas called a five-minute recess at 9:23 PM. ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS CONTINUED Ordinance No. 4664 - Columbia Shores Planned Unit Development Rezone (PP/PUD 2021-002) Mr. White provided a brief report on the proposed Planned Unit Development Rezone for Columbia Shores. Mayor Barajas announced that the Columbia Shore Planned Unit Development Rezone was a quasi-judicial action and asked Mr. Ferguson to explain the procedure for quasi-judicial items. 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. Milne disclosed that he had communications with neighbors and placed a message online, which has since been removed. Mr. Campos requested that Mr. Milne recuse himself from this issue. Mr. Milne left the Council Chambers. Mr. Serrano disclosed that he had communications with others and recused himself from the matter. He left the Council Chambers Page 13 of 16 Mayor Pro Tem Maloney disclosed that he received comments during the Public Comment section of the meeting; however, did not feel that it affected his ability to take action on this item. Mr. Ferguson asked the audience if they had issue with any Council member from taking action on this item. No one spoke up from the audience. Mayor Pro Tem Maloney asked a few clarifying questions and Mr. White provided answers. MOTION: Mayor Pro Tem Maloney moved, seconded by Councilmember Campos to adopt Ordinance No. 4664, rezoning Parcels A and B of Record Survey No. 1903700 from R-3 to R-3/PUD, and further, authorize publication by summary only. RESULT: Motion carried unanimously 4-0 AYES: Mayor Barajas, Mayor Pro Tem Maloney, Councilmember Brown, and Councilmember Campos ABSENT: Councilmember Milne, Councilmember Roach, and Councilmember Serrano Mr. Serrano and Mr. Milne returned to the Council Chambers. Resolution No. 4320 - Acceptance of 2023-2028 Parks, Recreation & Open Space Master Plan Mr. Ratkai provided a brief report on the proposed 2023-2028 Parks, Recreation, and Open Space Master Plan. Mr. Campos expressed thanks for the community members for their efforts in helping form the PROS Master Plan. Mayor Pro Tem Maloney asked staff where and when can Council be provided the venue to discuss the specifics and details for park space, such as a shoreline park and open space within the Broadmoor area. Page 14 of 16 MOTION: Mayor Pri Campos to approve Recreation and Open Manager and staff recommendations. Tern Maloney moved, seconded by Councilmember Resolution No. 4320, adopting the 2023-2028 Parks, Space (PROS) Master Plan and, further, instruct the City to begin working to implement the plan and its RESULT: Motion carried unanimously 6-0 AYES: Mayor Barajas, Mayor Pro Tem Maloney, Councilmember Brown, Councilmember Campos, Councilmember Milne, and Councilmember Serrano ABSENT: Councilmember Roach Resolution No. 4323 - Naming of New Park in Madison Park Neighborhood Mr. Ratkai introduced Recreation Services Manager Kubalek who provided a brief report on naming of a new park located within Madison Park neighborhood. MOTION: Mayor Pro Tern Maloney moved, seconded by Councilmember Brown to approve Resolution No. 4323, approving the name, "Spartan Park" for the new City Park located at the corner of Porto Lane & Santa Cruz Lane, located in the Madison Park neighborhood. RESULT: Motion carried unanimously 6-0 AYES: Mayor Barajas, Mayor Pro Tern Maloney, Councilmember Brown, Councilmember Campos, Councilmember Milne, and Councilmember Serrano ABSENT: Councilmember Roach MISCELLANEOUS DISCUSSION Mr. Campos asked for the history and an explanation on why the background check for the purchase of firearms takes a little longer than in other cities. EXECUTIVE SESSION Council adjourned into Executive Session at 9.55 PM for 25 minutes to discuss with legal counsel about current or potential litigation per RCW 42.30.110(1)(i) and Discussion with legal counsel about legal risks of current or proposed action per RCW 42.30.110(1)(i) with the City Manager, and the City Attorney. Mr. Serrano left the Executive Session at 9:58 PM Mr. Serrano and Mr. Ratkai entered the Executive Session at 10:08 PM. Mr. Ratkai left the Executive Session at 10:17 PM. Mayor Barajas called the meeting back to order at 10:20 PM. Page 15 of 16 ADJOURNMENT There being no further business, the meeting was adjourned at 10:21 PM. �r ! ' PASSED and APPROVED this day of , 2023 APPROVED: ATTEST: 7Eaz� Blanche Barajas, Mayor Debra Barham, City Clerk Page 16 of 16