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2006.06.12 Council Workshop Packet
AGENDA PASCO CITY COUNCIL Workshop Meeting 7:00 p.m. June 12, 2006 1. CALL TO ORDER 2. VERBAL REPORTS FROM COUNCILMEMBERS: 3. ITEMS FOR DISCUSSION: (a) North 4`h Avenue Corridor Enhancement: 1. Agenda Report from Richard J. Smith, Community & Economic Development Director dated June 9, 2006. 2. Project Map. 3. Estimated Costs. (b) Sign Code Amendment(MF#CA06-001-CA): 1. Agenda Report from David I. McDonald, City Planner dated June 6,2006. 2. Summary of the Proposed Code Changes. 3. Proposed Ordinance. 4. Memos to the Planning Commission. 5. Planning Commission Minutes dated 6/16105 and 7/21/05. (Note: references 3, 4 & 5 are in Council packets only; copies available in the Planning Office and library for public review.) (c) Six-Year Transportation Improvement Plan 2006-2011: 1. Agenda Report from Robert J. Alberts, Public Works Director and Doug Bramlette, City Engineer dated June 7, 2006. 2. Proposed Plan. 3. Resolution. 4. Map. (d) Renewal of Contract for Prosecutor Services: 1. Agenda Report from Stan Strebel, Administrative & Community Services Director dated June 7, 2006. 2. Proposed Contract. (e) Presentation of Claims History and Risk Management. (NO WRITTEN MATERIAL ON AGENDA) Presented by Stan Strebel,Administrative & Community Services Director. (f) Bikeway Policy Advisory Committee: 1. Agenda Report from Gary Crutchfield, City Manager dated June 8, 2006. 4. OTHER ITEMS FOR DISCUSSION: (a) (b) (c) 5. EXECUTIVE SESSION: (a) (b) (c) 6. ADJOURNMENT. Reminders: 1. 12:00 p.m., Monday, June 12, Pasco Red Lion — Chamber of Commerce General Membership Meeting. ("Federal Court"presented by the Honorable Judge Ed Shea, US District Court Judge) 2. 10:00 a.m., Tuesday, June 13, Senior Center — Senior Citizens Advisory Committee Meeting. (COUNCIL,MEMBER TOM LARSEN, Rep.; BOB HOFFMANN, Alt.) 3. 12:15-1:45 p.m., Tuesday, June 13, PNNL, 902 Battelle Blvd. — Washington Roundtable Meeting. (MAYOR JOYCE OLSON) Workshop Meeting 2 June 12,2006 4. 6:00 p.m., Wednesday, June 14, Terra Blanca Winery, 34715 N. DeMoss Road, Benton City -- Reception & Dinner in honor of the friendship between the Republic of Peru and the State of Washington. (MAYOR JOYCE OLSON) 5. 12:00 p.m., Thursday, June 15, 322 W. Columbia Street — Pasco Downtown Development Association Board Meeting. (COUNCILMEMBER TOM LARSEN, Rep.; MATT WATKINS, Alt.) 6. 5:30 p.m., Thursday, June 15, 7350 W. Deschutes Avenue — Tri-Cities Cancer Center Wellness Center's Ribbon Cutting&Open House. (ALL COUNCILMEMBERS INVITED TO ATTEND) 7. 11:30 a.m., Friday, June 16, Roy's Smorgy - Benton-Franklin Council of Governments Board Meeting. (COUNCILMEMBER TOM LARSEN,Rep.;BOB HOFFMAN,Alt.) 8. 11:00 a.m., . Saturday, June 17, Highland Park — Annual Juneteenth Parade. (ALL COUNCILMEMBERS INVITED TO ATTEND) AGENDA REPORT NO. 52 FOR: City Council Date: June 9, 2006 TO: Gary Crutchfield, City Manager Workshop: 6/ 12/06 FROM: Richard J. Smith Director ST Community & Economic Development SUBJECT: North 4th Avenue Corridor Enhancement I. REFERENCE(S): A. Project Map B. Estimated Costs II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: .6/12/06: DISCUSSION III. FISCAL IMPACT $403,000 Net Cost to City (estimate) IV.; HISTORY AND FACTS BRIEF: A. The City and Chamber of Commerce collaborated several years ago to identify a "corridor improvement plan." The plan identified six major entrance corridors to the city. The North 4th Avenue corridor is one of those major entranceways. The plan calls for each of the entranceways to undergo substantial improvements to include sidewalks, landscaping and street trees. The recommended plan for North 4th Avenue generally extends the development concept of sidewalk, grass and street trees utilized on the West Lewis and East Lewis Street enhancement projects. B. Conceptual sidewalk and landscape plans were developed and neighborhood meetings were conducted on November 22, 2005, December 13, 2005 and April 4, 2006 to explain both the project and the process to the property owners. The plans were revised to . incorporate many of the comments generated during the neighborhood meetings. C. As was the case with the East and West Lewis Street enhancement projects, it is proposed that owners of properties who have not yet installed sidewalks will be required to pay for the installation of sidewalks, but their costs would be capped at $10.00 per linear foot. The City would pay sidewalk costs in excess of $10.00/linear foot and for the entire cost of landscaping improvements. D. The City's consulting landscape architect will be at the workshop to present the plans and answer any questions which may arise. Owners of properties in the 4th Avenue Corridor have been notified of this meeting and encouraged to attend. E. The total cost of the project is estimated to be just under $428,000. Of this amount, property owners who have not yet installed sidewalks will be assessed just under $25,000. The net cost to the City will be $403,000, including tax ($428,000-$25,000). F. If the plans are acceptable, the staff will start the process to order the installation of sidewalks and the preparation of plans and specifications for bid documents. 3(a) Area Map ltem:N 4th Landscape + Project Applicant: of Pasco File i 1 1 Iwal • . � 1�1��r�1 eerreeee► �� ���; i��� :�� ail illr �,�:,'■ ■ ter■ „ �� r- i■ 1� _ �_ ���I:�#1■ 1111111 �� ■� Ili 11111 � ■� .11111 illl ��■ �1■ ii of . fill ��111 �Ialilll ■Ilfl� � � Y� i■11 ! �'■*H 111 iii liiliil '' � illllllill �1 ,_,i I�i��ll ��iil■ �,������ �,,,�����, IN!l1111 �i�lil If��lii II�IIIG @IIIIIIIII M N lilill N , 1111 Ifllllll 1���■ ■■■ ��-IIIIIIi1■ IIl�I�il 111111 lllili� �����; _ �•:����� �.r� all m w :o X x w LAO vMarnNU) I IT rnr; ul r- r- � N �- Ma o WLONm (D0 nrnv r- cfl t- K N N (0 (D M r LO 00 M ti) r r• M N co c0 r M Y N (n N M 0 N M M M O CO I- R CA co U) 00 00 r r• Lri N r N u) Co 0) M r- V w M r• " O r- OD M OD U) N [t O t C3 'T O O U1 ' ti N 00 to d' O co r f O (() to (D M (n N (n (D N (D CO ti (D to 3 CD (D O Vi O (`M N r (D O a0 O O O O N M M r-. N O M r• N M O 'tl' O N Lo r• (O V- U) M M 00 M (f•) M M d 00 r- V r O M O (`•) OO U7 (D (D O ti r N r r CO r r N N d' O H 64 69 64 64 69 69 69 fPr 63 69 to 69 64 to 64 64 04 63 6S 6-,164 69 6R 6i} 64 64 64 64 64 64 64 VY (R 6q 0 0 0 0 0 0 0 0 0 O O O O O O O O O O O O O O O O O O O O O O O O 0 0 0 0 0 0 Co 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 (D N N U) M (.O (D U7 -q i- � co (o to (D � ti M O to oo M N M r-- O O O N co (D U7 m N (D N M O 00 OO m (D O f• O co Nr O 1- I- r- N co Q) Nr r O U) M M O 1- t• N N (D ',! cc r r CO O N (n (t) r- r co ti O U) (D r r V- 0D U) (D L) It '-t U') p- M r CO •(� '�t d 'It in N N N N U) 4 M (D 4 M N M 6 1- r- M O O) M M 07 O C, xi tri Lo Q) �-- CO r r r co r- r m M 64 64 64 64 69 fA 69 64 6g 69 69 EA fH 64(A 69 69 64 69 EF? 64 69 69 69 64 64 }(A 69 Ef3 #1 FA(A 64 r O r lY) M M M r• r 0 N = O '-T O ((7 V N (.f) O I`- O M M V O M N V o O O (� M r 0 ct O U) O O O � CO O M M o o m O 00 O O0 M r M r M O 0 CL3 OON000 (O (nCO V ' NNU7raiIli ! P- V N �OCO OOOMOM (n (DO U R J M C) M r� e- r r r rJ- M M r M M 6) r r r� r r �- In N N N iD N M M N N - O J C r � F- .Ul- liJ W 64 64 6') 69 69 69 Efl 69 64 64 64 69 69 69 69 64 6% 69 69 69 69 CO 69 64 1 EH 69 64 64 69 1-1 69 (& 69 r 00 m W M r. (n U) (o M CO (n o l() Cl (D r r () V' O) O M q V O- N M 00 O r (D Cl) (D O N ' W CD N co M (n Co r V' -z - ' O M r" uj Q N 6964(<} 69- 646464 (Ji 69 69 63 69 69 68 63 69 69 0% 6964 04640 69646469696464646F} d (D r• O 0) O 00 Cl) O0 M N 0 r (D N (D M LO N W O O CO O N (n (r) N r- M N 0� r-- (D O (t) O O N V 00 .- (3) U) r U7 O 'd' N N U) Itr N a) r Iq U7 O r• N M C N r- (f)N M N O Ln In O LO O M O r r M M M r N (0 T 'It 00 r (+» N N ` n'. J r r N (D M d r r N a") N U) Lri M (D r r M (n N N N r oo �' o � 64 6).1-1 64V4 64 69 fR 1-1 61),64 6A 64 f4 69 64 64 (A 64 ER 64 64 64 6A 64 69 69 (» 64 o. (» 64 64 7 () Mi CTMU x 2 Q ' 0 ct O m . 4 w l0 O Lam. O O w N C t .X > w ) 14 JCD . (n t— „U to rA r.co m :0m a . CW � � : M .� m � o (D _ U rl CO C ((a ] 4= v C R 0 : 4 p U J . (v cfl 3 m <t E (� •= _ -� .2 c �,N Z) D N C Ne O N _ D N N _ rS7 C: 'N= t@ L4 _ t4 d' Q' ._. - ". Q .,.d O d7 In CD r O 0) O N M t (l) O r o0 N M st (n (D [- ob d) O N rMU7O a r .- r rNNNNt1lC11 N N N M M MMMM0 �rtlr "t AGENDA REPORT NO. 51 FOR: City Council Date: June 6, 2006 TO: Gary Crutchfie it anager Workshop: 6-12=006 Richard J. S i , Director Regular: Community & conomic Developm t FROM: David McDonald, City Planner \� SUBJECT: Sign Code Amendment (MF # CA06-001-CA) I. REFERENCE(Sl: A. Summary of the Proposed Code Changes B. Proposed Ordinance* C. Memos to the Planning Commission* D. Planning Commission Minutes Dated 6/16/05 8a 7/21/05* *(Note: Items B-D are in Council packets only-Copies available in Planning Office and Library for public review) II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 6/12/06 Review and Discussion III. FISCAL IMPACT None IV. HISTORY AND FACTS BRIEF: A. Some time ago the City retained the services of the Beckwith Consulting Group to assist with updating the City's sign regulations. B. The Planning Commission held 'a public workshop in June and a public hearing in July of last year to consider amendments to the sign code. Following the public hearing the Planning Commission recommended the sign code be amended as per the code proposal in attachment "B". Work on the proposed sign code regulations was foreshadowed by efforts to update the landscaping code and by other code amendments efforts (manufactured homes, Stealth Cell Towers, Short Plats & Shipping Containers). In May of this year the Planning Commission reviewed and reaffirmed their recommendations for the sign code. V. DISCUSSION: A. The current City sign code was enacted in 1970 and has served the City well for the past 34 years. However certain sections of the code are dated and make reference to things that no longer exist, such as the board of adjustment. The chapter dealing with zoning does not contain instructions for or references to the six new zoning districts. The sign code permits signs on residences with offices located in R-1 zones yet the zoning regulations prohibits such signs. The update of the sign code was designed to address'these and other problems. B. In addition to correcting obvious cross reference conflicts and formatting changes the proposed code makes several significant changes. The first major change was the. expansion of the definition section that added 58 new definitions. The new definitions more accurately describe the numerous types of signs that are now used in the business world.' 3(b) C. The major chapters dealing with regulations for different sign types (wall signs, roof signs, etc) have all been consolidated in one Chapter. This new Chapter, 17.10 "Sign Allowance Table", provides much of the information needed to determine where different types of signs are permitted in the City. This chapter provides direction for the location of political campaign signs, yard sale signs, signs that are prohibited and signs that are exempt from permits. For example emblems of local non profit groups, bona fide religious symbols and temporary signs/decorations for special holidays have been added to the listing of signs exempt from permits. On the other hand signs on fences, inflatables attached to roofs, damaged signs, signs on utility poles, billboards and other signs have been included in the prohibited list. D. Attachment "A" provides a brief summary of the major proposed sign code changes. E. The City's consultant will be present during the workshop to review the proposed code changes with the City Council. I Title 1.7 Sign Code Summary of Proposed Code Changes Major Proposed Code Changes Chapter 17.08 Definitions • The 38 definitions in the current code have been expanded to 96 definitions. Every possible type of sign has been included in the definitions. Chapter 17.10 Sign Allowance Table • This is a completely a new chapter that provides guidance on where various types of signs are permitted and under what conditions. The sign allowance table combines the information that is currently found in the various (wall signs, roof, signs, tract signs etc) chapters dealing with different types of signs. The sign allowance chapters contains provisions or guidance for temporary, exempt and prohibited signs as follows: Temporary Signs: Real estate signs are permitted only on the property that is for sale. • Political Signs: may be placed upon the periphery of streets provided they do not interfere with traffic or with the use of adjoining property. They may also be permitted on private property with consent of the owner. Political signs must be removed 5 days after the election. (The current regulations provide no direction on the Location of political signs and require them to be removed within 10 days elections.) • Yard Sale Signs: Prohibits yard sale signs on roads, utility poles, street signs and fences. Yard sales signs are permitted on private property for no longer than 72 hours. (The current code does not provide guidance for yard sale signs) • Grand Opening Signs: Grand Opening signs are permitted only on the site where the new business is located. II • Temporary signs are permitted for 30 days unless otherwise specified Exempt Signs (17.10.030): • The following signs have been added to the list of sign exempt from permits Temporary signs and decorations for special holidays, Sign on a municipal building, Traffic control sings, Fountains/sculptures, Flags of government, Official government notices, Lettering on a vehicle meant for incidental identification, Identification signs on recycling containers, Emblems of local nonprofit groups Bona fide religious symbols. Prohibited Signs (17.10.040); • The following signs are prohibited in the proposed code: Swinging projection signs Signs placed on vehicles or trailers parked on private or public property designed to operate as a de facto sign Private signs place in the right-of-way Any sign constituting a traffic hazard Any sign that is damaged torn defaced or destroyed Signs attached to utility poles Billboards, roof signs strobe lights, lasers, strings of streamers and all other signs not otherwise specifically authorized or exempted by the code. Off-premise signs except those expressly permitted. Sign on fences Balloons or inflatables attached or anchored to the roof of a building. • Sign Allowance Table: Explains in table format the types, sizes, and height of signs permitted in the various zoning districts. The table also explains which sign require permits. The sign table includes information on Freeway Signs. The current code does not list freeway signs as a separate class of sign. The proposed freeway sign is similar to Freeway interchange sign but is smaller in size-350 sq. ft. verses 480 sq. ft. Both the freeway interchange sign and the freeway sign are permitted to be 70 feet high. Chapter 17.08 General Regulations • The section on abandoned signs has been modified to require all sign frames and supports to be removed within one year of the date of abandonment or business closure. The current code only requires the advertising copy to be removed or painted out. Chapter 17.46 Off-Premise Signs • Because billboards have been listed as prohibited signs (Sec 17.10.040) the off-premise sign regulations dealing with billboards has been eliminated. Chapter 17.46 Permits & fees • A separate sign permit is required for a sign or group of signs per business location. • Sign permits are valid for 120 days • Advertising copy can be changed with out obtaining a permit. • A permit can be revoke if it was issued in error of on the basis of incorrect information. • The $5 permit fee was eliminated. It cost the City more,than $5 in staff time to issue a sign permit. Chapter 17.46 Non Conforming Signs • A nonconforming signs must be made conforming if a non conforming sign is moved or changed. Chapter 17.20 Construction • Language has been added to require signs to be made in a workmanship like manner. I House Keeping Cod e_Changes Due to the length of time since the sign code was last amended many of the changes in the proposed code relate to formatting and general house keeping changes. The general formatting changes are listed as follows: Chapter 17.02 Uniform Sign Code • This chapter was deleted. The chapter adopted the 1973 addition of the Uniform Sign Code. The City no longer operates under the uniform codes. Chapter 17.04 Title, Purpose & Enforcement • Section 17.04.020 the purpose statement was rewritten to provide enhanced guidance for development and implementation of the remainder of the sign code. • Section 17.04.030 was modified to eliminate references to uniform citations, enforcement by the City Attorney and interpretation by the board of Adjustment. (The City utilizes a Code Enforcement Board for these functions) • Section 17.04.040 The nonliability clause was clarified. • Section 17.04.050 added a section dealing with conflicting provisions between the sign code and other city codes. • Section 17.04.060 added severability clause. Chapter 17.08 General Regulations • Section 17.12:040 expands the explanation of obscene matter. • Minor changes have been made to sections 17.12.030, 17.12.050, 17.12.100 and 17. 12.120. • Sections 17.12.090, 17.12.130 were rewritten for clarity. • Table No 3-A was deleted in favor of the new allowance table chapter. Chapter 17.20 Construction • Minor changes were made in this chapter to eliminate references to signs that have been prohibited, such as roof signs and combination signs. Chapter 17.24 Freestanding Signs • This chapter has been deleted in favor of the sign allowance chapter. Chapter 17.28 Roof Signs • This chapter has been deleted. Roof signs are no longer permitted Chapter 17.32 Wall Signs • This chapter has been deleted in favor of the sign allowance chapter. Chapter 17.20 Construction • Language has been modified slightly and rearranged AGENDA REPORT NO. 20 FOR: City Council DATE: 06/07/06 TO: Gary Crutchfie Manager Workshop: 06/12/06 Regular: 06/19/06 FROM: Robert J. Albe ctor of Public Works Doug Bramlette, ity Engineer f� SUBJECT: Six-Year Transportation Improvement Plan 2006- 2011 I. REFERENCE(S): 1. Proposed Plan 2. Resolution 3. Map II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 06/12: Discussion 06/19: Conduct Public Hearing MOTION: I move to approve Resolution No. thereby adopting the City's Six-Year Transportation Improvement Plan for 2007 through 2012. III. FISCAL IMPACT: None IV. HISTORY AND BRIEF FACTS: Each year, all Cities and Counties in the State are required to adopt an updated Six- Year Transportation Improvement Plan specifically for federal and state funded projects. For the City of Pasco, this plan has consisted of all projects including the annual overlays, street widening, and signal projects which are within the City limits. Larger projects such as the Lewis Street Overpass also have been shown. The proposed six-year program represents those projects that are anticipated to be needed within six years. Several projects will need to be coordinated with utility projects which could change the actual timing of the projects. Although this process of adopting a six-year plan is a state requirement, the Council will again review the projects in the Six-Year C.I.P.process and the budgeting process. While the worksheets presented by staff include a potential funding source, many of the projects listed will be dependent upon available funding and/or local improvement districts. In addition, Staff will be pursuing available grants from the various funding programs. It is staff's desire to present this program to the public at a public hearing on June 19, 2006, and request that the Council adopt the plan by resolution. V. 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W C C W c W boo : N r moo : a) moo : _ gym � � � U) U) � � � � t >. v L) >. >, L) >, W >. >,m ' U O U - i —JU U —, U UJJU , cn cn cn °� (!3 U) (n (n cn rn U) (n () U) U) CO : Z3 Z) Z) : D 3 D v 0 o o o � Z •�' o o 0 �0 0 0 0 0 -� �'� J >>>>< >> > tYLL >>> > G U) U) 4) A) w CL r Q ca r _ U V - cn V O W > y r O � y V `- ainEONO aEmc a � E � ~ D._ U) o v) °'NE ra� � ci� �= CLrtn � > N _ a >. m o o dcn � .� fl°, d o o Gs � QU L w w L �Y V L L 0) 0 L r i� K7 L �+ r- > M m (n N W > caU) cn > M mcnc/) CAw �.+ d 7E 7j Ci v o0 0 opt 3 E oO 6 � 0 oC-4 u u � m N r IA N d 0 (Ni p O O N r (l? (A D y O _j L) � N � = ULL � N2g = JmI� L Q ^^^'"ti 00 41 ^""'^O r Q> ^^^^N M th d. �'- m .0 0 '0e- rr >-I m 0CMN A mQ V NNN o RESOLUTION NO. A RESOLUTION adopting the revised and extended Comprehensive Street, Storm Drain and Bridge Programs for the City of Pasco. WHEREAS, RCW 35.77.010 provides for annual revision and extension of the Comprehensive Street Program of each city and town, after holding public hearings thereon; and WHEREAS, it is now time to revise and extend the Comprehensive Street, Storm Drain and Bridge Programs; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO RESOLVE AS FOLLOWS: That the City Council of the City of Pasco hereby adopts the revision and extension of the Comprehensive Street, Storm Drain and Bridge Programs for the ensuing six years as attached hereto and labeled "Six-Year Transportation Improvement Plan 2007 - 2012" incorporated by this reference as though fully set forth herein; and That the Comprehensive Street, Storm Drain and Bridge Programs shall be filed with the Benton-Franklin Regional Council and the State of Washington. PASSED by the City Council and APPROVED by the Mayor this 19th Day of June 2006. Joyce Olson, Mayor ATTEST: Sandy Kenworthy Deputy City Clerk APPROVED AS TO FORM: Leland B. Kerr City Attorney <0 as 9 z s� '�a Om agYAd W ul 4 O rW ry m �3 Con V;tn W W Lj v dO ,t2 ....,`N W 6 a N �Q -__- Va Z C Q ��W r O z 5 � IoW r W Wa V)O W 1 W zp © � ,, •� waz zz wz � c� m m.U. U_ C.7 W V' t Q,. 0. Z a' S a W F GC O N �+ a U ° x �'" F d �I O i' ��� rn F � azmrnDa ON - aAOZ .. q : z co smma 4maU r�1 d w Fa c- as F rn CO E! d z wF m X, zo zo o oa ' o S 00 OK < uUU El= a ^ N M R N N N N N � - ;` i sss � � s8saag z a q a U CD �? ovzz "' F 6 U] O N 00 F U CD Z 0 (°. ° a C 4 Q 'l a F q E^ C 0.' [s. > ow. F g F m N � W z G a m o z " m O C -= z • m M zQ z �n per"`, G Nm rD w a Q p Y z Im o na€ w a w q - om° �aao � aas F ° R F z ° m z 4s C q q z x w q < w q 0 6 a $ Z 0 W a < X a Q � CC waai C°) c Ix da° �Z AGENDA REPORT FOR: City Council June 7, 2006 TO: Gary Crutch e Manager Workshop Mtg.: 6112/06 Regular Mtg.: 6/19/06 FROM: Stan Strebel, drain- and Community Services Direct SUBJECT: Renewal of Contract for Prosecutor Services I. REFERENCE(S): A. Proposed Contract II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 6/12: Discussion 6119: MOTION: I move to approve the renewal contract for Prosecutorial Services with Terry M. Tanner and Raymond G. Hui and, further, authorize the City Manager to execute the agreement. III. FISCAL IMPACT: $102,000 for June 19, 2006 to June 18, 2007. IV. HISTORY AND FACTS BRIEF: A) The City entered into a two-year agreement in 2002 with the law offices of Terry M. Tanner and Raymond G. Hui for the purpose of providing prosecutorial services for the City of Pasco. The agreement was renewed in 2004. A proposed two-year agreement is attached to this report for council consideration. The proposed agreement is similar to the current one except as follows: 1) The proposed annual compensation for the first year is $102,000 as opposed to $96,000 under the current agreement and rises by an additional $3,000 in the second year. 2) The payment for appeals is increased from $500 per case to $600 per case; however, identified are some types of appeals for which the Prosecutors will not be paid, such as "reconsiderations" at the trial court level and filing of motions to "dismiss for want of prosecution". 3) Duties of the Prosecutors are modified slightly under paragraph 1. A, to include more specificity on police training and counsel in 1. B, to include a prosecutor court schedule which is newly attached as Exhibit "A". 4) Finally, the agreement provides new language under 1. E with specific City approval required for prosecutor implemented alternate dispositions involving charitable contributions. The proposed contract will provide complete prosecutorial services with coverage utilizing at least two qualified attorneys. B) The contract has worked well for the City over the last four years. Staff recommends approval of the renewal. S(d) Agreement for Prosecutorial Services THIS AGREEMENT is entered into by and between the CITY OF PASCO, hereinafter referred to as "Pasco',and TERRY M. TANNER and RAYMOND HUI, hereinafter referred to as "Prosecutors", for the purpose of providing prosecutorial services for the City of Pasco 1. Prosecutors shall: A. Provide complete municipal misdemeanor, gross misdemeanor, and civil infraction prosecutions for all cases filed in the Pasco Municipal Court and other related services including: 1. Arraignment Docket representation 2. Incarceration Docket representation 3. Negotiation and resolution of fines and forfeiture 4. Bench Trials and hearings 5. Pre-trial hearings 6. Jury Trials and Trial Readiness Hearings 7. Post-trial motions and hearings 8. Appeals 9. Police Department day to day counsel and training as needed. (Prosecutors will e-mail the Police Chief and Patrol Captain with any concerns relating to police duties or functions. The Patrol Captain or Police Chief shall contact the Prosecutors if they would like to meet to discuss these concerns or provide training to the police department.) 10. Response to criminal-related questions from the public that cannot be answered by administrative staff, B. Be prompt in attendance for all required dockets, hearings and trials as outlined on the attached "Exhibit A", "Pasco Municipal Court Prosecutor. Schedule". Such schedule may be changed from time to time to meet the needs of the Court upon mutual agreement of the parties. C. Designate a contact who shall be responsible for: 1. Complaint review and response 2. Review and evaluation of quality of service 3. Periodic reports to the City administration; D. Personally provide the prosecution services and divide the representation to ensure full-time coverage as well as substitute, conflict, and additionally required coverage to allow multiple actions to proceed when necessary. In the event Prosecutors wish to hire additional attorneys other than the signators to this Agreement to perform services,Prosecutors shall obtain advance approval from Pasco. This provision shall not apply in the event of unforseen circumstances where Prosecutors are temporarily unable to perform.. Prosecutors shall be responsible for assuring that qualified attorneys are present in Court at all times necessary; and E. Use established practices and policies to recommend utilization of alternatives to incarceration as appropriate. Such alternatives shall include but not be limited to electronic home monitoring, work crew, etc. Prosecutors shall obtain Pasco's approval prior to implementing any program for alternate dispositions involving charitable contributions. F. Satisfy the minimum requirements for practicing law in Washington as determined by the Washington Supreme Court and shall complete seven hours of continuing legal education within each calendar year in courses relating to prosecution. 2. Pasco shall: A. Maintain a City Prosecutor's Office with office space available for the prosecutor at least ten hours per week, B. Employ a full-time Legal Assistant on-site at the City Prosecutor's Office providing: 1. Case management and file maintenance 2. Subpoena issuance and return of service 3. Witness contact 4. Docket preparation. C. Employ a part-time clerical assistant for correspondence and document preparation. D. Pay all subpoena and service costs and costs of required reports for prosecution. E. Pay to the Prosecutors the sum of Eight-Thousand Five Hundred Dollars ($8,500) per month for the first year and Eight-Thousand Seven Hundred and Fifty Dollars ($8,750)per month for the second year. Payments shall be due on or before the i 0th day following each calendar month. Payments shall be prorated for partial months. In addition, Prosecutors shall be paid the sum of Six Hundred Dollars ($600) for each case appealed (except for any case noted for reconsideration at the trial court level). However, if a court of appeals grants the Prosecutor's motion to dismiss for"Want of Prosecution", then there shall be no charge to the City for the appeal. Prosecutors shall provide an invoice to Pasco upon completion of any appeal work. 3. Term. The term of this Agreement shall be for two (2) years, beginning June 19, 2006, and ending June 18, 2008. Either party may terminate this Agreement after one (1) year upon sixty (60) days written notice. 4. Caseload. In the event the workload (as indicated by number of case filings and number of represented cases) exceeds the prior year's workload by fifteen percent(15%) or more, Prosecutors may request additional compensation. If no agreement is reached concerning said additional compensation, Prosecutors may terminate this Agreement upon ninety (90) days written notice. 5. Independent contractors. Prosecutors shall be independent contractors and not employees of Pasco. 6. Insurance and Indemnification. During the term of this Agreement,the Prosecutors shall maintain errors and omissions insurance coverage and shall include anyone else acting for or on behalf of the Prosecutors in the performance of this Agreement as an additional named insured on any such policy. Such insurance shall be obtained from any insurance company authorized to do business as such in the State of Washington, and shall have policy limits of Two Hundred Fifty Thousand Dollars($250,000.00) or more. At the time of commencement of the performance of services hereunder,the Prosecutors shall submit evidence that such insurance is in force and that such insurance will not be canceled without first giving thirty(30) days written notice to the City of Pasco. By: Gary Crutchfield Title: City Manager Date: Terry M. Tanner Date: Raymond Hui Date: "Exhibit A" PASCO MUNICIPAL COURT PROSECUTOR SCHEDULE Monday Tuesday Wednesday Thursday Friday Traffic Pre-Trials In-Custody In-Custody Trial Readiness 8:30 AM. to 8:30 AM to 10:00 AM to 10:00 AM to 9:00 AM to 12:00 NOON 12:00 NOON 12:00 NOON 12:00 NOON 12:00 NOON ODD DAYS (AM) MOTION 9:10 AM to 12:00 NOON EVEN DAYS Pre-Trials Arraignment Jury-Trials 1:00 PM to 1:30 PM to 9:00 AM to 5:00 PM 5:00 PM 5:00 PM EVEN DAYS (PM) AGENDA REPORT TO: City Council June 8, 2006 FROM: Gary Crutchfi i Manager Workshop Mtg.: 6/12/06 SUBJECT: Bikeway Policy Advisory Committee I. REFERENCE(S): II. ACTION REQUESTED OF COUNCIL !STAFF RECOMMENDATIONS: 6/12: Discussion III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: A) Although Pasco contains two major east/west bike routes, the city has historically not provided separated bike routes throughout the community (largely due to the enormous costs associated with such an effort). Yet, the use of bicycles could be better accommodated through appropriate planning and street improvement design standards. B) In addition to design standards, the city currently maintains both the Rivershore and I-182 bikeways, representing approximately 10 miles of separated bikeway. Complaints are occasionally registered regarding maintenance expectations for the bikeways. V. DISCUSSION: A) Given the extent of major street improvement projects anticipated over the next several years, coupled with the need to better plan for bicycle accommodation, the city should develop a more definitive policy regarding bicycle accommodation. To do so, staff suggests an ad-hoc committee be appointed by the City Council, composed of three to five citizens with particular interest in and knowledge of bicyclist needs; that committee would assist staff in developing the following: 1. Proposed design standards and options for bikeways throughout the city; 2. Proposed policies regarding bicycle accommodation in the city; 3. Maintenance standards for the bikeway system. B) Staff is aware of at least one citizen who has expressed an interest in assisting the city in that regard (Jan Tidrick, former Mayor, and avid bicyclist). With Council concurrence, staff will solicit applications from interested citizens and facilitate Council selection of an appropriate committee. Staff would urge the committee be in place by August, thus providing at least six weeks to identify the committee. C) Council direction is requested in this matter. 3(f)