HomeMy WebLinkAbout2008.06.23 Council Workshop Packet AGENDA
PASCO CITY COUNCIL
Workshop Meeting 7:00 p.m. June 23,2008
1. CALL TO ORDER
2. VERBAL REPORTS FROM COUNCILMEMBERS:
3. ITEMS FOR DISCUSSION:
(a) Home Builders Association of Tri-Cities' Built Green® Presentation (NO WRITTEN
MATERIAL ON AGENDA) Presented by Renee Brooks, Director of Government Affairs and
Communications, Home Builders Association of Tri-Cities.
(b) Solid Waste Contract-Fuel Surcharge:
1. Agenda Report from Gary Crutchfield, City Manager dated June 18,2008.
2. Letter from BDI to City Manager dated 6/18/08.
3. Price Bulletin, Energy Information Administration.
4. Fuel Surcharge Example.
(c) Right-of-Way for Chiawana High School (MY#I1'4FO08-064):
1. Agenda Report from David I. McDonald, City Planner dated June 17, 2008.
2. Vicinity Map.
3. Right-of-Way Dedication Deed for Argent Road, Road 84 and Road 76.
(d) Consultant for Library Services Options:
1. Agenda Report from Stan Strebel, Administrative & Community Services Director dated
June 17,2008.
2. Proposed Agreement.
(e) Professional Services Agreement with CH2MHill:
1. Agenda Report from Robert J. Alberts, Public Works Director dated June 17, 2008.
2. Vicinity Map.
3. Professional Services Agreement.
(f) Speed Limit Ordinance:
1. Agenda Report from Michael McShane, City Engineer dated June 18, 2008.
2. Ordinance.
3. Vicinity Map.
(g) Parking Ordinance Revision:
1. Agenda Report from Michael McShane, City Engineer dated June 16, 2008.
2. Map.
3. Ordinance.
(h) Vehicle Impoundment for Noise Violation:
1. Agenda Report from Gary Crutchfield, City Manager dated June 20, 2008.
2. Memorandum from City Attorney to City Manager dated 6/18/08.
(i) Televised Recordings of Planning Commission Hearings:
1. Agenda Report from Gary Crutchfield, City Manager dated June 20, 2008.
2. Memorandum from City Attorney to City Manager dated 6/17108.
4. OTHER ITEMS FOR DISCUSSION:
(a)
(b)
(c)
5. EXECUTIVE SESSION:
(a)
(b)
(c)
6. ADJOURNMENT.
Workshop Meeting 2 June 23,2008
REMINDERS:
1. 4:00 p.m., Monday, June 23, Port of Benton—Hanford Area Economic Investment Fund Committee
Meeting. (COUNCILMEMBER MATT WATKINS, Rep., AL YENNEY, Alt.)
2. 7:30 a.m., Thursday, June 26 — Tri-Cities Visitor & Convention Bureau Board Meeting.
(COUNCILMEMBER MIKE GARRISON,Rep.; TOM LARSEN, Alt.)
3. 4:00 p.m., Thursday, June 26, TRAC Facility — TRIDEC Board Meeting. (COUNCILMEMBER
MIKE GARRISON, Rep.; TOM LARSEN,Alt.)
4. 5:30 p.m., Thursday, June 26, 710 W. Court Street—Benton Franklin Community Action Committee
Meeting. (COUNCILMEMBER AL YENNEY,Rep.; REBECCA FRANCIK, Alt.)
5. 12:00 p.m., Wednesday, July 2, 2601 N. Capitol Avenue — Franklin County Mosquito Control
District Board Meeting. (COUNCILMEMBER BOB HOFFMANN, Rep.; AL YENNEY,Alt.)
6. 10:00 a.m., Friday, July 4 —Pasco's Grand Old 4"` of July Parade. (Check in at registration table at
46 & Marie at 9:00 a.m.) (MAYOR JOYCE OLSON, COUNCILMEMBERS BOB HOFFMANN,
TOM LARSEN and AL YENNEY)
CITY HALL WILL BE CLOSED
FRIDAY,JULY 4 IN HONOR OF THE 4TH OF JULY HOLIDAY
AGENDA REPORT
TO: City Council June 18, 2008
FROM: Gary Crutch Manager Workshop Mtg.: 6/23/08
SUBJECT: Solid Waste jCntract—Fuel Surcharge
1. REFERENCE(S):
A. Letter from BDI to City Manager dated 6/18/08
B. Price Bulletin, Energy Information Administration
C. Fuel Surcharge Example
11. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS:
6123: Discussion
Ill. FISCAL IMPACT:
IV. HISTORY AND FACTS BRIEF:
A) The city is responsible to provide solid waste collection and its proper disposal. For
more than 50 years,the city has contracted with BDI (or its predecessors) to provide
this essential community service. The rates charged by the contractor are subject to
review and approval by the City Council, as the contractor has exclusive rights to
solid waste collection in the city.
B) The current rates were last approved by City Council action in August 2006,
following a thorough review and analysis of the contractor's financial records by the
Washington Utilities and Transportation Commission (WUTC) and by an
independent CPA firm contracted by the city. At the time of the 2006 rate
adjustment, BDI had suggested use of a "fuel surcharge" in recognition of rising fuel
prices but staff recommended against such an element, pending its use by the WUTC.
C) Since August 2006, fuel prices have spiked considerably and caused even greater
financial influence than anticipated 18 months ago. Consequently, BDI has
requested that the fuel surcharge concept be implemented by the city as soon as
possible(see reference A).
D) The fuel surcharge proposed by BDI is similar to that used by WUTC, in that it
effectively accounts for the change (increase) in fuel price since the date of the rate
decision in August 2006 and uses a temporary adjustment of the monthly billing rates
to recover the additional fuel expense being absorbed by the contractor. By doing so,
the integrity of the 2006 rate decision is sustained over a longer period of time. If a
surcharge mechanism is not used, then the contractor will need to request an entire
rate adjustment be implemented much sooner(as in, now).
V. DISCUSSION:
A) Staff concurs in the contractor's suggestion that use of a fuel surcharge is preferable
to a full rate adjustment study and process, because the full rate study was done so
recently. Use of the WUTC surcharge model provides a mechanism which: is proven
to be effective; is in use in many areas of the state; is designed and approved by
WUTC, a state regulatory agency. Council should note also that many private sector
entities (including UPS and other transport companies) have been using a fuel
surcharge for some time.
3(b)
B) The surcharge would use the fuel cost (per gallon) experienced in 2006 as the base
cost; that figure would be subtracted from "current" fuel cost, as reported by Energy
Information Administration (see reference B). The difference would then be divided
by the base (2006) fuel cost and the dividend would represent the percent change in
fuel cost since 2006. That percent would be applied to the proportion of the
established rate attributable to fuel expense (4.95%), as fixed in the 2006 rate
analysis; the resulting percent would represent the surcharge to be applied to the
respective billing cycle (every two months for residential accounts). Reference C
illustrates the calculation using hypothetical figures.
C) The details of the surcharge can be analyzed by the full Council or a Council
committee; if discussion includes proprietary financial information, staff
recommends use of a Council committee. If acceptable, the surcharge mechanism
needs to be defined in the context of a contract amendment, for formal Council
action.
D) Staff requests direction in this matter.
® PA8CO CITY HALL
P F{,�!`�1 E D 800-642-6447
(509)547-2476
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(509)547-8617 fax
BASIN DISPOSAL, INC. JUN 2021 N. Commercial Ave.
P. 0. Box 3850 Pasco, WA 99302-3850 Pasco, WA 99301
June 18, 2008 C1-fY �y}F`ti{H'EER'S
Mr. Gary Crutchfield
City of Pasco
525 North 3`d Avenue
Pasco, WA 99301
Dear Mr. Crutchfield:
This letter is a follow up to my prior correspondence regarding the implementation of a fuel surcharge to
the current rates. The recent increase in fuel costs has dramatically eroded the allowable operating
margin approved by the Council two years ago. This request is specific to fuel, and is designed to
preserve the approved rate case for a greater period of time by adjusting for this single line item.
I believe that a simple adjustment mechanism can be used by virtue of having a known and established
fuel expense in the prior rate case. This fuel expense is a specific percentage of revenues. The
proposed adjustment mechanism can be described as measuring the known percentage increase in
fuel price, and then applying that increase to the already established fuel expense component. The
resulting math yields a percentage increase on gross billed revenue that applies specifically to the fuel
expense component. It should also be said that this mechanism works in either a positive or negative
direction, and will better reflect any changes in fuel costs.
The proposed adjustment mechanism has been widely used in the transportation sector, and more
specifically utilized by the Utilities and Transportation Commission as part of their rate setting
procedures. The surcharge more accurately compensates for fuel price changes, while at the same
time avoids the costly and time consuming process of a full rate case. I am proposing to utilize the
EIA/DOE publicized fuel index, which will be submitted to the City Manager's office on a bi-monthly
basis. The current fuel surcharge will be applicable for a two month period of time.
It is readily apparent that we are in a highly inflationary environment. Expenses for basic commodities
such as fuel and metal have adversely affected the established rate structure approved two years ago.
By authorizing the proposed surcharge adjustment, fuel price changes would now be able to be
recouped, with the ultimate goal of preserving the previously authorized operating ratio for a greater
period of time. I have supplied a sample surcharge calculation as an attachment to this letter. If there
are any questions, please feel free to contact me.
Sinc
Darrick Dietrich
General Manager
Diesel Prices Details -Last 53 Weeks
Energy Information Administration
O1.'iGA!�rrhryy 5!2ibs:x;s drem,dt�t U.S.C;w"tr an; GIO�s grry
h me > eetmjeum>kftKb'_3etail On-MisrhwU Diesel Prices >AVerage Ail Types-Last 53 Weeks
Weekly Retail On-Highway Diesel Prices
Average All Types-Last 53 Weeks
(Dollars per gallon,including all taxes)
Datc U.S. East New Central Lower Midwest Gulf Rocky West CA
Average Coast England Atlantic Atlantic Coast Mtn Coast
06/16108 4.692 4.752 4.853 4.874 4.690 4.618 4.656 4.685 4.852 4.969
06109/08 4.692 4.743 4.834 4.879 4,677 4.615 4.658 4.698 4.874 4.992
06/02108 4.707 4.759 4.846 4.907 4.687 4.643 4.664 4.680 4.878 5.027
05126/08 4.723 4.779 4.843 4.913 4.717 4.667 4.673 4.653 4.883 5.027
05/19/08 4.497 4.544 4.610 4.682 4.480 4.463 4.443 4.442 4.610 4.737
05/12108 4.331 4.377 4.463 4.516 4.310 4.298 4.268 4.276 4.454 4.547
05105/08 4.149 4.194 4.337 4.345 4.117 4.101 4.084 4.156 4.303 4.382
04128/08 4.177 4.230 4346 4.376 4.157 4.133 4.113 4.141 4.312 4.390
04/21/08 4.143 4.207 4.346 4.370 4.126 4.098 4.077 4.111 4.255 4.317
04/14108 4.059 4.117 4.239 4.266 4.043 4.013 4.000 4.039 4.176 4.234
04/07108 3.955 4.005 4.121 4.142 3.936 3.917 3.894 1974 4.052 4.118
03/31/08 1964 4.014 4.130 4.160 3.941 3.929 3.907 3.972 4.049 4.112
03/24/08 3.989 4.045 4.142 4.186 3.975 3.964 3.928 3.953 4.056 4.119
03/17/08 3.974 4.035 4.119 4.177 3.967 3.958 3.914 3.892 4.018 4.083
03/10/08 3.819 3.870 3.938 3.989 3.814 3.784 3.798 3.732 3.885 3.955
03103/08 1658 3.700 3.813 3.825 3.636 3.639 3.609 3.573 3.736 3.803
02125/08 3.552 3,608 3.710 3.693 1562 3.525 3.510 3.473 3.609 3.672
02/18/08 3.396 3.444 3.588 3.526 3396 3.365 3.367 3.350 3.454 3.511
02111/08 3.280 3.324 3.542 3.412 3.266 3.249 3.239 3.264 3.347 3.393
02104/08 3,280 3.338 1566 3.438 3.275 3.243 3.247 3.260 3.325 3.377
01/28/08 3.259 3.327 3.583 3.432 3,258 3.218 3.218 3.236 3.301 3.346
01/21/08 3.270 3.343 3.594 3.472 3.264 3.228 3.222 3.229 3.327 3.360
01/14/08 3.326 3.391 3.621 3.510 3.318 3.288 3.266 3.261 3.420 3.459
01/07/08 3.376 3.436 3.644 3.554 3.366 3.345 3.318 3.276 3.474 3.526
12/31/07 3.345 3.399 3.600 3.519 3.328 3.309 3.293 3.269 3.451 3.491
12/24/07 3.308 3.356 3.584 3.497 3.275 3.277 3.246 3.268 3.411 3.434
12/17/07 3.309 3.359 3.591 3.511 3.273 3.271 3.245 3.319 3.415 3.426
12/10/07 1325 3.372 3.570 3.514 3.293 3.276 3.265 3.397 3.440 3.455
12/03/07 3.416 3.444 1595 3.570 3.376 3.385 3.345 3.487 3.532 3.567
11/26/07 3.444 3.453 3.590 3.574 3.389 3.423 3.360 3.527 3.587 3.620
11119/07 3.410 3.407 3.488 3.524 3.350 3.389 3.324 3.507 3.586 3.624
11/12107 3.425 3.415 3.484 3.523 3.362 3.403 3.347 3.532 3.608 3.663
httn://tonto.eia.doe.Qov/ooQ/info/wohdr)/diesel detail report combined.asn 6/19/2008
Solid Waste Fuel Surcharge Worksheet
- Example -
Line
No.
1 1 Established Fuel Expense Component
2
3
4 Base Fuel Expense $ 300,000
5 Divided by Base Revenue _ $ 5,000,000
6 Equals Base Fuel vs. Base Revenue Ratio - 0.0600
7 Multiplied By 100 x 100
8 Equals Base Fuel Expense as % of Base Revenue = 6.00%
9
10 2 Precentage Increase in the Cost of Fuel
11
12 Current Fuel Index $ 4.7700
13 Minus Base Fuel Index - $ 2.7700
14 Equals Fuel Index Price Difference = $ 2.000
15 Divided By Base Fuel Index (Line 13) - $ 2.770
16 Equals Relative Fuel Index Price Difference 0.7220
17 Multiplied By 100 x 100
18 Equals Fuel Index Percent Increase - 72.20%
19
20 3 Resulting Percentage increase on Revenues
(Fuel Surcharge)
21
22 Base Fuel Expense as % of Base Revenue (Line 8) 6.00%
23 Multiplied By Fuel Percent Price Increase (Line 18) x 72.20%
24 Equals Fuel Index Increase as a% of Revenue - 4.33%
AGENDA REPORT NO. 26
FOR: City Council June 17, 2008
TO: Gary Crutchfi
iRLt anager Workshop Mtg.: 6/23108
Regular Mtg.: 7/7108
FROM: David I. McDonald, City Planner
Community & Economic Development
SUBJECT: Right-of-Way for Chiawana High School (MF #INF08-064)
L REFERENCE(S):
A. Vicinity Map
B. Right-of-Way Dedication Deed for Argent Road, Road 84 and Road 76
II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS:
6/23 DISCUSSION
7/7 MOTION: I move to accept the deed from the Pasco School District for a
portion of the Argent Road, Road 84 and Road 76 right-of-way.
III. FISCAL IMPACT
None.
IV. HISTORY AND FACTS BRIEF:
A. The Pasco School District is in the process of building Chiawana High School at
the northeast corner of Argent Road and Road 84. To complete needed street
improvements associated with the new high school and to fulfill the requirements
of the special permit the District must dedicate right-of-way for adjoining streets.
B. An additional 10 feet of right-of-way is needed on both Road 84 and Argent
Road. These two streets will be improved as a part of the school construction
project.
C. The School District is providing the west 30 feet for the Road 76 right-of-way.
The right-of way for Road 76 is being secured at this time to enable Road 76 to be
extended to the north some time in the future. The District will not be improving
Road 76 with the construction of the new high school.
V. DISCUSSION:
3(c)
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After Recording,Return To:
City of Pasco, Washington
Attn: City Planner
525 North 3ra
Pasco, WA 99301
DEDICATION DEED
Tax Parcel No. 117-590-010
THE GRANTOR(S), Pasco School District # 1, by donation pursuant to
RCW 35A.79.010, dedicates, conveys and quit claims to the GRANTEE, THE
CITY OF PASCO, a Municipal Corporation of the State of Washington, for the
public use, as a public right-of-way, all interest in the land described as follows:
A'portion of a parcel as depicted on Record Survey No. 2-950, situated in the South half of
the Southwest Quarter of Section 16, Township 9 North, Range 29 East, W.M., records of
Franklin County, Washington, described as follows:
Commencing at the South Quarter corner of said Section; Thence North 01045'38" East
along the East Iine of said South half 30.01 feet to the True Point of Beginning.
Thence continuing along said East line North 01°4538"East 1056.09 feet to the Northeast
corner of said parcel;Thence North 60°22'44" West along the Southerly line of FC1D canal
right-of-way 33.93 feet;Thence South 01°45'38" West parallel and 30.00 feet perpendicular
to said East line 1009.18 feet to the beginning of a curve to the right the radius point which
bears North 88°14'22" West 55.00 feet; Thence Southwesterly along said curve through a
central angle of 88'29'10"an arc length of 84.94 feet;Thence North 89"45'12"West parallel
and perpendicular 40.00 feet to the South line of said South half a distance of 2480.01 feet to
the beginning of a curve to the right the radius point which bears North 00°14'48"East 55.00
feet; Thence Northwesterly along said curve through a central angle of 91°52'25" an arc
length of 88.19 feet,Thence North 02°07'13"East parallel and 40.00 feet perpendicular to the
centerline of a public right-of-way known as Road 84 a distance of 1221.79 feet; Thence
North 89°45'37" West 10.01 feet to the Northwest corner of said parcel; Thence South
02°07'13" West along the West line of said parcel 1288.63 feet to the Southwest corner of
said parcel;Thence south 89°45'12"East along the South line of said parcel 2630.48 feet to
the said True Point of Beginning, as depicted in Exhibit"A" attached hereto.
Dedication Deed- 1
DATED this _day of \JL.t_4U-, , 2008.
GRANTOR(S)
Owner s
STATE OF WASHINGTON )
ss.
County of Franklin )
On this day of ,t� o ,2008, before me,the undersigned,duly
commissioned and sworn,personally appeared JILaq(-a
Jtorneknowntobe
the individual(s)described above and who executed the within and foregoing instrument as an
agent of the owner(s)of record,and acknowledged to me that he/she/they signed the same as
his/her/their free and voluntary act and deed,for the uses and purposes therein mentioned,and
on oath stated that he/she/they is/are authorized to execute the said instrument.
GIVEN under by hand and official seal this j day of
2008.
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AGENDA REPORT
FOR: City Council June 17, 2008
TO: Gary Crutchfi anager
FROM: Stan Strebel, A ministrativl Community Workshop Mtg.: 6/23/08
Services Director Regular Mtg.: 7/7/08
SUBJECT: Consultant for Library Services Options
I. REFERENCE(S):
1. Proposed Agreement
II. ACTION REQUESTED OF COUNCIL /STAFF RECOMMENDATIONS:
6/23: Discussion
7/7: Motion: I move to approve the professional services agreement with Ruth
Metz for Library Services Delivery Options and further, authorize the City
Manager to sign the agreement.
III. FISCAL IMPACT:
$14,300
IV. HISTORY AND FACTS BRIEF:
A) The City has for several years had an agreement with the Mid-Columbia Library
District for the operation of the Pasco Library. The cost of the agreement is based
on the amount that would be generated if the District property tax levy were
applied to Pasco properties. In 2008, this amount is estimated to be $1,110,000.
B) With recent growth in the community, the annual cost of the agreement has grown
dramatically, yet, the cost of providing the service has not changed significantly.
The agreement with the District is set to expire at the end of 2010.
C) Prior to entering into negotiations for a new agreement, it would be prudent for
the City to consider other alternatives to providing library services. These might
include: 1) Annexation to the Library District; 2) City providing the services with
City staff; and 3) City contracting with another provider for library services.
D) Staff has located a library consultant, Ruth Metz Associates, who is experienced
in evaluating library service levels and costs. The attached agreement provides an
analysis and comparison of different library service delivery options. The total
cost will not exceed $14,300 and can be completed within 90 days.
E) Staff recommends approval of this agreement.
3(d)
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT, made and entered into between the City of Pasco, hereinafter
referred to as the "City", and Ruth Metz,hereinafter referred to as the "Consultant".
WHEREAS, the City desires to engage the professional services and assistance of a
Consultant to provide review and analysis of library service delivery options.
NOW, THEREFORE, in consideration of mutual benefits accruing, it is agreed by and
between the parties hereto as follows:
1. Scope of work. The scope of work shall include all services and material necessary
to complete the work as outlined in the scope of services, Exhibit A, attached hereto and
incorporated herein by this reference.
2. Ownership and use of documents. All research, tests, surveys, preliminary data
and any and all other work product prepared or gathered by the Consultant in preparation for the
services rendered by the Consultant shall not be considered public records, provided, however,
that:
A. All final reports, presentations and testimony prepared by the Consultant
shall become the property of the City upon their presentation to and acceptance by the City and
shall at that date become public records.
B. The City shall have the right, upon reasonable request, to inspect, review
and, subject to the approval of the Consultant, copy any work product.
C. In the event that the Consultant shall default on this Agreement, or in the
event that this contract shall be terminated prior to its completion as herein provided, the work
product of the Consultant, along with a summary of work done to date of default or termination,
shall become the property of the City and tender of the work product and summary shall be a
prerequisite to final payment under this contract. The summary of work done shall be prepared at
no additional cost, if the Agreement is terminated through default by the Consultant. If the
Agreement is terminated through convenience by the City, the City agrees to pay Consultant for
the preparation of the summary of work done.
3. Payments. The Consultant shall be paid by the City for completed work for
services rendered under this Agreement as provided hereinafter. Such payment shall be full
compensation for work performed or services rendered and for all labor, materials, supplies,
equipment and incidentals necessary to complete the work.
A. Payment for work accomplished under the terms of this Agreement shall be as
set forth in Exhibit A (l page, attached), provided, in no event shall the payment for all work
performed pursuant to this Agreement exceed the sum of$14,300.00 without prior authorization
of the City.
Library Service Delivery Options
1
B. All vouchers shall be submitted by the Consultant to the City for payment
pursuant to the terms of this Agreement. The City shall pay the appropriate amount for each
voucher to the Consultant. The Consultant may submit vouchers to the City monthly during the
progress of the work for payment of completed phases of the project. Billings shall be reviewed
in conjunction with the City's warrant process.
C. The costs records and accounts pertaining to this Agreement are to be kept
available for inspection by representatives of the City for a period of three (3) years after final
payment. Copies shall be made available upon request.
4. Time of performance. The Consultant shall perform the work authorized by this
Agreement promptly and deliver the final work product within 90 days of the execution of this
agreement.
S. Hold harmless agreement. In performing the work under this contract, the
Consultant agrees to defend the City, their officers, agents, servants and employees (hereinafter
individually and collectively referred to as "Indemnities"), from all suits, claims, demands,
actions or proceedings, and to the extent permissible by law, indemnify and hold harmless the
Indemnities from
A. All damages or liability of any character including in part costs, expenses
and attorney fees, based upon, any negligent act, error, or omission of Consultant or any person
or organization for whom the Consultant may be responsible, and arising out of the performance
of professional services under this Agreement; and
B. All liability, loss, damage, claims, demands, costs and expenses of
whatsoever nature, including in part, court costs and attorney fees, based upon, or alleged to be
based upon, any act, omission, or occurrence of the Consultant or any person or organization for
whom the Consultant may be responsible, arising out of, in connection with, resulting from or
caused by the performance or failure of performance of any work or services other than
professional services under this Agreement, or from conditions created by the Consultant in the
performance or non-performance of said work or service, regardless of whether or not caused in
part by the party indemnified hereunder.
6. Discrimination prohibited. Consultant shall not discriminate against any
employee or applicant for employment because of race, color, religion, age, sex, national origin
or physical handicap.
7. Consultant is an independent contractor. The parties intend that an independent
contractor relationship will be created by this Agreement. No agent, employee or representative
of the Consultant shall be deemed to be an agent, employee or representative of the City for any
purpose. Consultant shall be solely responsible for all acts of its agents, employees,
representatives and sub-consultants during the performance of this contract.
8. City approval. Notwithstanding the Consultant's status as an independent
contractor, results of the work performed pursuant to this contract must meet the approval of the
City.
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9. Termination. This being an Agreement for professional services, either party
may terminate this Agreement for any reason upon giving the other party written notice of such
termination no fewer than ten(10) days in advance of the effective date of said termination.
10. General Provisions. For the purpose of this Agreement, time is of the essence.
Should any dispute arise concerning the enforcement, breach or interpretation of this Agreement,
venue shall be placed in Franklin County, Washington, the laws of the State of Washington shall
apply, and the prevailing parties shall be entitled to its reasonable attorney's fees and costs.
11. Integration. The Agreement between the parties shall consist of this document and
the Consultant's proposal attached hereto. These writings constitute the entire Agreement of the
parties and shall not be amended except by a writing executed by both parties. In the event of
any conflict between this written Agreement and any provision of Exhibit A, this Agreement
shall control.
12. Non-waiver. Waiver by the City of any provision of this Agreement or any time
limitation provided for in this Agreement shall not constitute a waiver of any other provision.
13. Non-assienable. The services to be provided by the contractor shall not be
assigned or subcontracted without the express written consent of the City.
14. Covenant against contingent fees. The Consultant warrants that he has not
employed or retained any company or person, other than a bona fide employee working solely for
the Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay any
company or person, other than a bona fide employee working solely for the Consultant, any fee,
commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or
resulting from the award of making of this contract. For breach or violation of this warranty, the
City shall have the right to annul this contract without liability or, in its discretion to deduct from
the contract price or consideration, or otherwise recover, the full amount of such fee,
commission, percentage, brokerage fee, gift, or contingent fee.
15. Notices. Notices to the City of Pasco shall be sent to the following address:
CITY OF PASCO
ATTN: CITY MANAGER
P. O. BOX 293
PASCO,WA 99301
Notices to the Consultant shall be sent to the following address:
Ruth Metz
1191 SW 5th Avenue, Suite 1100
Portland OR 97204
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Receipt of any notice shall be deemed effective three (3) days after deposit of written notice in
the U. S. mails, with proper postage and properly addressed.
DATED THIS DAY OF ,2008
CITY OF PASCO CONSULTANT: Ruth Metz
By:
City Manager
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U 0 U H
AGENDA REPORT NO. 14
FOR: City Council June 17, 2008
TO: Gary Crutchfie it anager
FROM: Robert J. Alb is Works Director Workshop Mtg.: 06/23/08
Regular Mtg.: 07/07/08
SUBJECT: Professional Services Agreement with CH2MHill
I. REFERENCE(S):
1. Vicinity Map
2. Professional Services Agreement
II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS:
06/23: Discussion:
07/07: MOTION: I move to approve the Professional Services Agreement with
CH2MH111 authorizing engineering services for Task 1 on a
lump sum basis of$48,900 for the West Side Water Treatment
Plant and further, authorize the Mayor to sign the agreement.
III. FISCAL IMPACT:
IV. HISTORY AND FACTS BRIEF:
A) The need for a new water treatment plant on the west side of the city was
identified in the City's Capital Improvement Plan. In 2007 the site for the new
plant was purchased. The site is adjacent to Court Street and I-182.
V. DISCUSSION:
A) The proposed Professional Services Agreement with CH2M1Iill is for engineering
services. The agreement outlines all the engineering tasks that will be required to
complete the water treatment plant project. The first task (Task 1) is the
feasibility assessment and process need to apply for a conditional use permit. A
review of package treatment plant options, pre-design of the facility and site
layout will be performed in Task 1. The project will be for a 4-6 million gallon
per day (MGD) plant expandable to 14 MGD. The fee for Task 1 is $48,900.
Staff recommends approval of the agreement and authorizes to proceed with Task
1 only. Requests to proceed with other tasks will be presented to Council in the
form of amendments to the agreement.
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CITY O,
F
PASCO
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT, made and entered into between the City of Pasco, hereinafter
referred to as the "City", and CH2MHill hereinafter referred to as the "Consultant".
WHEREAS, the City desires to engage the professional services and assistance of a
consulting firm to provide engineering services with respect to the new West Side Water
Treatment Plant.
NOW, THEREFORE, in consideration of mutual benefits accruing, it is agreed by and
between the parties hereto as follows:
1. Scope of work. The scope of work shall include all services and material necessary
to accomplish the above mentioned objectives in accordance with Exhibit A - Task 1.
2. Ownership and use of documents. All research, tests, surveys, preliminary data and
any and all other work product prepared or gathered by the Consultant in preparation for the
services rendered by the Consultant shall not be considered public records, provided, however,
that:
A. All final reports, presentations and testimony prepared by the Consultant
shall become the property of the City upon their presentation to and acceptance by the City and
shall at that date become public records.
B. The City shall have the right, upon reasonable request, to inspect, review
and, subject to the approval of the Consultant, copy any work product.
C. In the event that the Consultant shall default on this Agreement, or in the
event that this contract shall be terminated prior to its completion as herein provided, the work
product of the Consultant, along with a summary of work done to date of default or termination,
shall become the property of the City and tender of the work product and summary shall be a
prerequisite to final payment under this contract. The summary of work done shall be prepared at
no additional cost, if the contract is terminated through default by the contractor. If the contract
is terminated through convenience by the City, the City agrees to pay contractor for the
preparation of the summary of work done.
3. Payments. The Consultant shall be paid by the City for completed work for services
rendered under this Agreement as provided hereinafter. Such payment shall be full compensation
for work performed or services rendered and for all labor, materials, supplies, equipment and
incidentals necessary to complete the work.
A. Payment for work accomplished under the terms of this Agreement shall be
on a Lump Sum basis as set forth on the fee schedule found in Exhibit A - Task 1, provided, in
no event shall the payment for all work performed pursuant to this Agreement exceed the sum of
$48,900.
B. All vouchers shall be submitted by the Consultant to the City for payment
pursuant to the terms of this Agreement. The City shall pay the appropriate amount for each
voucher to the Consultant. The Consultant may submit vouchers to the City monthly during the
progress of the work for payment of completed phases of the project. Billings shall be reviewed
in conjunction with the City's warrant process.
C. The costs records and accounts pertaining to this Agreement are to be kept
available for inspection by representatives of the City for a period of three (3) years after final
payment. Copies shall be made available upon request.
4. Time of performance. The Consultant shall perform the work authorized by this
Agreement promptly and within 180 calendar days.
5. Hold harmless agreement. In performing the work under this contract, the
Consultant agrees to defend the City, their officers, agents, servants and employees (hereinafter
individually and collectively referred to as "Indemnitees"), from all suits, claims, demands,
actions or proceedings, and to the extent permissible by law, indemnify and hold harmless the
Indemnitees from
A. All damages or liability of any character including in part costs, expenses
and attorney fees, based upon, any negligent act, error, or omission of Consultant or any person
or organization for whom the Consultant may be responsible, and arising out of the performance
of professional services under this Agreement; and
B. All liability, loss, damage, claims, demands, costs and expenses of
whatsoever nature, including in part, court costs and attorney fees, based upon, or alleged to be
based upon, any act, omission, or occurrence of the Consultant or any person or organization for
whom the Consultant may be responsible, arising out of, in connection with, resulting from or
causee by the performance or failure of performance of any work or services other than
professional services under this Agreement, or from conditions created by the Consultant
performance or non-performance of said work or service, regardless of whether or not caused in
part by the party indemnified hereunder.
6. General and professional liability insurance. The Consultant shall secure and
maintain in full force and effect during performance of all work pursuant to this contract a policy
of comprehensive general liability insurance providing coverage of at least $500,000 per
occurrence and $1,000,000 aggregate for personal injury; $500,000 per occurrence and aggregate
for property damage; and professional liability insurance in the amount of $1,000,000. Such
general liability policies shall name the City as an additional insured and shall include a provision
prohibiting cancellation of said policy, except upon thirty (30) days written notice to the City.
The City shall be named as the certificate holder on the general liability insurance. Certificates of
coverage shall be delivered to the City within fifteen (15) days of execution of this Agreement.
7. Discrimination prohibited. Consultant shall not discriminate against any
employee or applicant for employment because of race, color, religion, age, sex, national origin
or physical handicap.
8. Consultant is an independent contractor. The parties intend that an independent
contractor relationship will be created by this Agreement. No agent, employee or representative
of the Consultant shall be deemed to he an agent, employee or representative of the City for any
purpose. Consultant shall be solely responsible for all acts of its agents, employees,
representatives and subcontractor during the performance of this contract.
9. City approval. Notwithstanding the Consultant's status as an independent
contractor, results of the work performed pursuant to this contract must meet the approval of the
City.
14. Termination. This being an Agreement for professional services, either parry may
terminate this Agreement for any reason upon giving the other party written notice of such
termination no fewer than ten(14) days in advance of the effective date of said termination.
11. Integration. The Agreement between the parties shall consist of this document and
the Consultant's proposal attached hereto. These writings constitute the entire Agreement of the
parties and shall not be amended except by a writing executed by both parties. In the event of
any conflict between this written Agreement and any provision of Exhibit A, this Agreement
shall control.
12. Non-waiver. Waiver by the City of any provision of this Agreement or any time
limitation provided for in this Agreement shall not constitute a waiver of any other provision.
13. Nan-assignable. The services to be provided by the contractor shall not be assigned
or subcontracted without the express written consent of the City.
14. Covenant against contingent fees. The Consultant warrants that he has not
employed or retained any company or person, other than a bona fide employee working solely for
the Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay any
company or person, other than a bona fide employee working solely for the Consultant, any fee,
commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or
resulting from the award of making of this contract. For breach or violation of this warranty, the
City shall have the right to annul this contract without liability or, in its discretion to deduct from
the contract price or consideration, or otherwise recover, the full amount of such fee,
commission, percentage, brokerage fee, gift, or contingent fee.
15. General Provisions. For the purpose of this Agreement, time is of the essence.
Should any dispute arise concerning the enforcement, breach or interpretation of this Agreement,
venue shall be placed in Franklin County, Washington, the laws of the State of Washington shall
apply, and the prevailing parties shall be entitled to its reasonable attorney fees and costs.
16. Notices. Notices to the City of Pasco shall be sent to the following address:
City of Pasco
P. O. Box 293
Pasco,WA 99301
Notices to the Consultant shall be sent to the following address:
CH2MHill
Wally Hickerson
8836 W. Gage Blvd, Suite 202A
Kennewick, WA 99336
Receipt of any notice shall be deemed effective three (3) days after deposit of written notice in
the U. S. mails, with proper postage and properly addressed.
DATED THIS DAY OF , 20
CITY OF PASCO: CONSULTANT:
Joyce Olson, Mayor Wally Hickerson, CH2MHill
ATTEST: APPROVED AS TO FORM:
Debbie Clark, City Clerk Leland B. Kerr, City Attorney
Exhibit A
City of Pasco
West Side Water Treatment Plant
Feasibility Assessment Design
and Construction Services
Prepared for
City of Pasco
Department of Public Works
June 2008
CH2MHILL
8836 W.Gage Blvd.,Suite 202A
Kennewick,WA 99336
Introduction
The City has identified a site for a new Water Treatment Plant(WTP), located at Court Street
and Road 111. This site has favorable features for a WTP, including proximity to the
Columbia River (the water source), proximity to large potable water transmission lines, and
proximity to an existing Sanitary Sewer Interceptor (a potential discharge location for solids
disposal from the WTP).
In a Technical Memorandum dated June 14, 2007, regarding the expansion of the City of
Pasco Urban Growth Boundary (UGB), CH2M HILL had recommended that the City
consider the construction of a new WTP site to serve both the existing and expanded UGB.
The WTP would be constructed in modules of 2.0 MGD and would be fully automated
(generally operated remotely from the City's existing 30 MGD WTP). The new WTP would
provide a specified "base load" supply of water to the City (6 MGD to 8 MGD). Waste flows
from the new WTP would be discharged to the existing City Sanitary Sewer Interceptor
during low flow periods (possible separation of liquids and solids on-site with discharge of
solids only to the Sanitary Sewer Interceptor). A pipeline would be tied into an existing
transmission fine located in the general vicinity of the new WTP. The intake facility for the
new WTP would be combined with the existing Columbia River screen and intake for the
City's separate Irrigation System. In addition to normal chemicals such as alum, polymer
(anionic and cationic), activated carbon, caustic, disinfectant (which may include an
alternate to liquid chlorine such as High Intensity UV), and permanganate, the new WTP
will provide for fluoridation of the treated water supply. A clearwell constructed on-site
will provide for the required detention time for the ultimate expansion of the new WTP.
In recent discussions with the City, the City has indicated that any above grade structure(s)
at the new WTP should be an architectural treated metal building(s), and that noise issues
should be investigated and mitigated from the adjacent properties (if required). The City
has also requested that the office/laboratory facilities constructed on-site provide for
training facilities to accommodate up to 25 staff.
Work Plan
Task 1: Feasibility Assessment
The scope of work for the Feasibility Assessment is presented below. The "Feasibility" level
of analysis implies that a conceptual-level analysis of treatment issues will be conducted,
including: evaluation of alternate module package treatment plant technologies, siting and
footprint issues, noise and potential mitigation, architectural impacts, regulatory and
institutional issues, operational issues, and development of an opinion of probable costs.
The primary deliverable for this project is a Technical Memorandum, and a high-quality
PowerPoint presentation of findings that will be presented to the Planning Commission,
City Council and other interested parties.
Task 1.1: Data Collection
During this task CH2M HILL will collect and review background data relevant to the
Feasibility Assessment, including: information on the configuration and capacity of the local
existing water distribution system and Sanitary Sewer Interceptor system; information on
the configuration and capacity of the existing Irrigation System Intake Screens and Pumping
Station at the Columbia River; information on the water quality of the Columbia River at the
point of diversion; existing site topography; adjacent construction materials of structures
and facilities;proximity of adjacent land use; and other available site information relevant to
locating the new West Pasco WTP. It is anticipated that the City will provide paper and
electronic copies of facility and site plans for the site, existing transmission pipelines,
Irrigation System Intake Screens,and other facilities.
Task 1.2: Feasibility Evaluation
The purpose of this task is to develop an understanding of potential project constraints and
implementation challenges. This assessment will include concept-level analysis of facility
sizing (foot print), key treatment process components (process and chemicals), intake
modifications required, system connection for treated water, waste discharge issues, site
plans, and building elevations. This work will include a Feasibility Assessment of the
following:
• Treatment process and equipment alternative evaluation
• Regulatory and permitting requirements for expanded raw water intake
• Waste disposal requirements. The option to discharge to the sanitary sewer will be
examined.
• Potential site constraints (including noise impacts and mitigation measures)
• Integration with existing infrastructure (water supply,waste disposal)
• Basic design,implementation, and operating considerations
• Plant and clearwell sizing calculations
• Building conceptual level footprint and architectural elevations
• Opinion of probable capital and O&M costs
Any cost opinions or project economic evaluations provided by CH2M HILL will be on a
basis of experience and judgment, but, since CH2M HILL has no control over market
conditions or bidding procedures, CH2M HILL cannot warrant that bids, ultimate
construction cost, or project economics will not vary from these opinions.
As part of this task, CH2M HILL will identify a list of regulatory approvals needed to
implement a facility at the site. Environmental, permitting, and institutional issues having
the greatest potential to impact construction and operation of a new plant at the site will be
noted, including:
• Ecosystem issues
• 'Land use impacts
• Air quality
• Noise
• Waste issues
• Water quality, including stormwater
• Transportation
A list of issues that need further resolution, or require additional studies to address,will be
prepared. A SEPA Checklist will be prepared for the project to be processed by the City of
Pasco.
Task 13: Prepare Technical Memorandum and Presentation
Subtask: 1.3.1: Presentation to Planning Commission and City Council
One of the deliverables for this project is a high-quality PowerPoint presentation of findings
that will be presented to the Planning Commission, City Council, and other interested
parties. The presentation will provide a brief overview of the current status of technologies,
examples of applications in the Northwest, a discussion of the results of the Feasibility
Assessment, and a discussion of key issues involved with constructing, operating, and
maintaining facilities. A one (1) hour meeting will be held with City staff to preview and
comment on this presentation prior to the Planning Commission and/or City Council
meeting.
Subtask: 1.3.2: Technical Memorandum
CH2M HILL will prepare a brief Technical Memorandum (TM) documenting the above
work. A plan showing conceptual facility layouts will be included. Elevation drawings of
the above grade structure (two (2) drawings) will be prepared. Five (5) copies of the Draft
TM will be provided to the City for review. It is anticipated that the City will compile all
comments into one (1) copy from various City staff that may review the TM. CH2M HILL
will review the comments with the City during a one (1) hour meeting. After incorporation
of comments into the TM, five (5) copies of the Final TM will be provided to the City. A PDF
copy of the final TM will also be provided to the City.
Task 2: Design Services
Following completion of the Feasibility Assessment, the City intends to proceed with design
of the approved plan for the West Pasco WTP. Design Services will include:
Task 2.1: Design Development (60%)
Production of design drawings and specifications utilizing AutoCAD format, and
CH2M HILL standard specifications.
Submittal: Three (3)hard copies of half-size drawings (11X17), and draft specifications,and
One (1)hard copy of the opinion of probable costs.
Task 2.2: Contract Documents (90%)
The Design Development documents and comments received will be incorporated into
Contract Documents necessary to bid and construct the project. Contract Documents will be
available for final review by the City and Washington Department of Health.
Submittal: Five (5) hard copies of half-size drawings (11X17), and specifications, and One
(1)hard copy of the updated opinion of probable costs.
In providing opinions of cost, financial analyses, economic feasibility projections, and
schedules for the project, CH2M HILL has no control over cost or price of labor and
materials; unknown or latent conditions of existing equipment or structures that may affect
operation or maintenance costs; competitive bidding procedures and market conditions;
time or quality of performance by operating personnel or third parties; and other economic
and operational factors that may materially affect the ultimate project cost or schedule.
Therefore, CH2M HILL makes no warranty that the City's actual project costs, financial
aspects, economic feasibility, or schedules will not vary from CH2M HILL's opinions,
analyses, projections, or estimates. If the City wishes greater assurance as to any element of
project cost, feasibility, or schedule, the City will employ an independent cost estimator,
contractor,or other appropriate advisor.
Task 2.3: Bid Ready Contract Documents
Bid Ready Contract Documents will incorporate City and Washington Department of
Health review comments.
Submittal: Five (5) hard copies of bound half-size drawings, and one (1) unbound
reproducible set of half-size drawings (11X17). Five (5) hard copies of bound technical
specifications and bidding documents, and one (1) unbound reproducible set of technical
specifications and bidding documents.
Task 2.4: Support Bid and Award
Provide assistance during bidding, including:
• 'Provide technical assistance when needed to interpret contract documents.
• Submit technical addenda if needed.
• Attend and conduct pre-bid conference,including project site tours,for interested
parties during the bidding period.
• Attend bid opening and assist the Owner with opening of bids.
• Assess contract bids for performance capabilities in accordance with the contract
documents.
• Prepare a summary of the bids received.
Task 3: Services During Construction
Following completion of Design Services, the City intends to proceed to construction of the
West Pasco WTP. Services During Construction are based upon the understanding that the
Owner will contract directly with the contractor; Owner will be actively involved in the
construction process to make decisions, provide approvals, and perform other actions
necessary for the completion of the construction contracts and that the contractor selected
will be qualified to perform the work within the time period set forth in the Contract
Documents, and at the amount offered by the contractor in the Bid.
CH2M HILL will provide Service During Construction (SDC) as defined herein. These SDC
are intended to assist the Owner to administer the contract for construction, monitor the
performance of the construction Contractor to determine that the Contractor's work is in
substantial compliance with the Contract Documents,and assist the Owner in responding to
events that occur during the construction.
The presence or duties of CH2M HILL's personnel at a construction site, whether as
periodic visitors, onsite representatives, or otherwise, do not make CH2M HILL or
CH2M HILL's personnel in any way responsible for those duties that belong to the Owner
and/or the Construction Contractor or other entities, and do not relieve the Construction
Contractor or any other entity of their obligations, duties, and responsibilities, including,
but not limited to, all construction methods, means, techniques, sequences, and procedures
necessary for coordinating and completing all portions of the construction work in
accordance with the construction Contract Documents and any health or safety precautions
required by such construction work.
CH2M HILL and CH2M HILL's personnel have no authority to exercise any control over
any Construction Contractor or another entity or their employees in connection with their
work or any health or safety precautions and have no duty for inspecting, noting, observing,
correcting, or reporting on health or safety deficiencies of the Construction Contractor or
other entity or any other persons at the site except CH2M HILL's own personnel.
The presence of CH2M HILL's personnel at a construction site is for the purpose of
providing to Owner a greater degree of confidence that the completed work will conform
generally to the Contract Document and that the integrity of the design concept as reflected
in the Contract Documents has been implemented and preserved by the Construction
Contractor. CH2M HILL neither guarantees the performance of the Construction
Contractor, nor assumes responsibility for Construction Contractor's failure to perform
work in accordance with the Contract Documents.
Construction Administration
• Attend and conduct one preconstruction conference with the Owner's representatives,
contractor,subcontractor, supplies,interested agencies, utility companies,etc.
• Review project submittals to confirm designer's intent and project requirements,
including.
Submittals critical to the project
Submittals that do not identify specific product types or model numbers
Components requiring special fabrication or specialized design requirements
Submittals of specialized tests
Submittals confirming system performance and the designer's intent
Submittals for structural, mechanical, electrical, I & C systems, and specialized
equipment
• Provide monthly construction observation services, up to a total of b hours per month.
Document performance and compliance with the contractual requirements.
• Respond to contractor "request for information and clarification" to interpret design
questions and/or requirements. Prepare design clarification responses and field
directives for all design topics as required.
• Provide technical information for inclusion in change orders or requests for quotes.
• Review change order proposals. Assist in negotiating contractor costs.
• Attend two meetings a month with the City and contractor during construction to
discuss progress of construction. Attend onsite meetings for establishing a punch list,
and performing the final inspection.
• Review acceptance sampling and testing for construction materials.
• Review and make recommendations regarding progress pay estimates for the
construction contractor.
Startup
• Provide up to 40 hours onsite startup assistance.
• Review the supplier furnished O&M manual(s) to incorporate specific product
information. The manual(s)will be provided in bound hard copy and electronic format.
Record Drawings
• Prepare project record drawings from marked-up plans furnished by the construction
contractor and Owners on-site construction observer. These record drawings will be
prepared by modifying the design drawings to reflect field changes made during
construction and by adding features discovered during construction. CH2M HILL will
not be responsible for representing field changes or other as-constructed information
that was not properly recorded by the contractor and/or Owner's on-site construction
observer.
• Furnish to the Owner two (2) sets of paper print record drawings (11 X 17), and one (1)
electronic CADD file.
Task 4: Project Management
This task involves CH2M HILL's internal and external management of the study's technical
and administrative activities. This task includes quality assurance and quality control
measures (QA/QC) of all deliverable products. Reviews will be provided by qualified
CH2M HILL professionals who were not actively involved in the project.
Deliverables
• Preparation of meeting/workshop agenda and minutes,as appropriate.
• Monthly project billings
Task 5: On-site Services (Optional Task)
If authorized by the City, CH2M HILL will provide an on-site representative during
construction. The services provided by the on-site representative are defined herein.
On-site Review of Work: CH2M HILL will conduct periodic on-site observations of the
Contractor's work for the purposes of determining if the work generally conforms to the
contract for construction and that the integrity of the design concept as reflected in the
contract for construction has been implemented and preserved by the Contractor. The level
of effort and duration of the On-site Review shall be added to this Agreement by
Amendment.
CH2M HILL's on-site observer will arrange for weekly photographs of the work in progress
by the Contractor, which will be made available to the Owner.
CH2M HILL's observations of the work is not an exhaustive observation or inspection of all
work performed by the Contractor. CH2M HILL does not guarantee the performance of the
Contractor. CH2M HILL's observations shall not relieve the Contractor from responsibility
for performing the work in accordance with the contract for construction, and CH2M HILL
shall not assume liability in respect for the construction of the project. CH2M HILL shall,
with the assistance of the Owner, obtain written plans from the Contractor for quality
control of its work,and will monitor the Contractor's compliance with its plan.
Reporting: CH2M HILL will keep the Owner advised of the progress of the construction.
This includes submitting daily construction reports to the Owner and holding weekly
construction meetings and consultations with the Owner and Contractor.
Deficient and Non-conforming Work: Should CH2M HILL discover or believe that any
work by the Contractor is not in accordance with the contract for construction, or is
otherwise defective, or not conforming to requirements of the contract or applicable rules
and regulations, CH2M HILL will bring this to the attention of the Contractor and the
Owner. CH2M HILL will thereupon monitor the Contractor's corrective actions and shall
advise the Owner as to the acceptability of the corrective actions.
Independent Testing, Inspection and Survey Services: The City will employ, or cause the
Contractor to employ, independent firms for the material testing, ICBO specialty inspection
(required by Code Enforcement), survey, or other services related to verifying the quality of
the Contractor's work. CH2M HILL will assist in coordinating testing, inspection and
survey services. CH2M HILL will review the reports and other information prepared by the
independent firms. CH2M HILL will assist in coordinating their schedules and the
transmittal of their reports, findings or other information to the Contractor and/or the
Owner.
Task 6: Additional Services (Optional Task)
The City of Pasco may desire to have CH2M HILL perform work or render services within
the general scope of this Agreement. Such work or services shall be considered as
Additional Services and will be specified in a written supplement to this Agreement which
will set forth the nature of the scope, schedule for additional work or services, and the
method of payment. Work or services shall not proceed until authorized in writing by the
Public Works Director for the City of Pasco.
Schedule
Task 1: Feasibility Assessment
It is anticipated that the City will return comments to each deliverable within two (2) weeks
of receipt. The Final TM and Power Point Presentation for the Feasibility Assessment will be
completed by CH2M HILL and will be submitted to the City within three (3) months of
notice to proceed.
Task 2: Design Services
The schedule for completion of Design Services shall be prepared during the Feasibility
Assessment and shall be added to the Agreement by Amendment.
Task 3: Construction Services
The schedule for completion of Construction Services shall be prepared during the Design
Services and shall be added to the Agreement by Amendment.
Task 4, Task 5, and Task 6
The schedule for completion of Task 4, Task 5, and Task 6 shall be prepared upon request
for these services by the City of Pasco and shall be added to the Agreement by Amendment.
Budget and Terms
Task 1: Feasibility Assessment and Task 4: Project Management
The budget for the proposed work in Task 1 and associated Project Management is
presented in Exhibit 1. The total Feasibility Assessment cost, including labor and expenses,
is a Lump Sum amount of$48,900.00.
EXHIBIT 1 PROJECT BUDGET
Task Total Cost(Labor&Expenses)
Task 1.1:Data Collection
Task 1.2:Feasibility Evaluation
Task 1.3:TM and Power Point
Task 4:Project Management(Feasibility Evaluation)
Total Cost(Labor&Expenses) $48,900.00
Task 2: Design Services and Task 4: Project Management
The budget for the proposed work indicated in Task 2 and associated additional increment
of Task 4 Project Management services will be separately negotiated with the City and
CH2M HILL following the completion of the Feasibility Assessment and will be added to
the Agreement by Amendment.
Task 3: Construction Services and Task 4: Project Management
The budget for the proposed work indicated in Task 3 and associated additional increment
of Task4 Project Management services will be separately negotiated with the City and
CH2M HILL following the completion of the Design Services and will be added to the
Agreement by Amendment.
Task 4, Task 5, and Task 6
The budget for the proposed work indicated in Task 4,Task 5, and Task 6 will be separately
negotiated with the City and CH2M HILL and will be added to the Agreement by
Amendment.
AGENDA REPORT NO. 22
FOR: City Council DATE: June 18, 2008
TO: Gary Crutchfie , it Manager
Robert J. Albe orks Director
FROM: Michael P. Mc ity Engineer Workshop: 06/23/08
Regular: 07/07/08
SUBJECT: Speed Limit Ordinance
I. REFERENCE(S):
1. Ordinance
2. Vicinity Map
H. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS:
06/23: Discussion
07/07: MOTION: I move to adopt Ordinance No. amending
Section 10.24.040 "Increasing Speed Limits in Certain Zones",
and further, authorize publication by summary only.
III. FISCAL IMPACT:
None
IV. HISTORY AND FACTS BRIEF:
A) With recent construction and/or extension of various city streets, staff has
determined the following speeds to be appropriate for the streets listed.
V. DISCUSSION
A) This ordinance amends Section 10.24.040 (Increasing Speed Limits in Certain
Zones) of the Pasco Municipal Code by adding and amending speed limits on
various streets in the City.
45 MPH
Heritage Blvd.: (SR-12 to "A" Street) Add this speed limit.
35 MPH
Road 52: (Burden Blvd. to Sandifur Parkway) Add this speed limit.
Road 60: (Burden Blvd. to Sandifur Parkway) Add this speed limit.
Argent Road: (From 20th Avenue to the east) Add this speed limit.
Burden Blvd.: (Road 76 to Convention Drive) Extend this speed limit.
Madison Avenue: (Road 44 to Burden Blvd.) Add this speed limit.
Road 44: (Argent Road to Madison Avenue) Change limit north of new
roundabout.
Chapel Hill Blvd.: (Road 68 to Churchill Downs Lane) Add this speed limit.
Chapel Hill Blvd.: (FCID canal right-of-way to Road 84) Extend this speed
limit.
30 MPH
Clemente Lane: (Burden Blvd. to Wrigley Drive) Add this speed limit.
Wrigley Drive: (Road 76 to Clemente Drive) Add this speed limit.
B) Engineering has met with the Police Department and staff recommends the
speed limits be adopted.
3(f)
ORDINANCE NO.
AN ORDINANCE concerning speed limits on various streets, and amending Section
10.24.040 of the Pasco Municipal Code.
WHEREAS, with recent construction and/or extension of various city streets, it is
determined that the maximum speed for the below named street(s) should be increased/decreased
to provide a reasonable and safe conditions, now, therefore,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON DO ORDAIN
AS FOLLOWS:
Section 1. Section 10.24.040 of the Pasco Municipal Code is hereby amended to read as
follows (deletions shown by interlineations and additions shown by underlining):
10.24.040 INCREASING SPEED LIMITS IN CERTAIN ZONES. It is determined upon
the basis of an engineering and traffic investigation that the speed permitted by state law upon
the following streets is less than is necessary for safe operation of vehicles thereon, by reason of
the designation and sign posting of the streets as arterial highways and/or by reason of widely
spaced intersections, and it is declared that the speed limit shall be as hereinafter set forth on
those streets or parts of streets designated in this section at the times specified when signs are
erected giving notice thereof:
NAME OF STREET
45 MPH
E. "A" Street (S. Cedar Avenue to SR-12);
Harris Road (W. Court Street to Broadmoor Boulevard);
W. Lewis Street (N. 20th Avenue to N. 28th Avenue);
N. 4th (north line Section 19 to city limits - Glade North);
N. Oregon Street (Hillsboro to north city limits);
Road 68 (Sandifur Pkwy north to north city limits);
Broadmoor Boulevard (Franklin County Irrigation Canal to Bedford Street);
Argent Road (Road 72 west to Road 84);
N. Oregon Avenue (E. Ainsworth Street to SR-12);
Road 100 (Chelan Drive to FCID Canal);
Capital Avenue (Hillsboro Street to Foster Wells Road);
Heritage Boulevard (SR-12 to "A" Street).
(Ord. 3730 Sec. 1, 2005; Ord. 3630 Sec, 1, 2003; Ord. 3395 Sec. 1, 1999; Ord.
3293 Sec. 1, 1998; Ord. 3217 Sec. 1, 1997; Ord. 2818 Sec. 4, 1991; Ord. 2795
Sec. 1-2, 1990)
40 MPH
S. 10th Avenue (Ainsworth Avenue to southerly city limits on the intercity bridge)
W. Court Street(Road 48 to road 100);
E. Lewis Street (N. Cedar Avenue to SR-12);
Argent Road(N. 20th Avenue west to Road 36);
Argent Road(Road 44 west to Road 52).
W. Ainsworth Avenue (10th Avenue to Oregon Avenue);
Burden Boulevard (Convention Place to Road 44).
(Ord. 3730 Sec. 1, 2005; Ord. 3716 See. 1, 2005; Ord. 3630 Sec. 1, 2003; Ord. 3395
Sec. 1, 1999; Ord. 3292 Sec. 1, 1998; Ord. 3217 Sec. 1, 1997; Ord. 2818 Sec. 3,1991;
Ord. 2795 Sec. 3 (part), 1990.)
35 MPH
W. "A" Street (N. 20th Avenue to S. Wehe Avenue);
E. "A" Street (S. Wehe Avenue to S. Cedar Avenue);
E. Ainsworth Street (Oregon Avenue to Sacajawea Park Road);
Broadmoor Boulevard (Bedford Street to N. City Limits);
W. Court Street (Road 36 to Road 48);
W. Court Street (Road 100 to 300 ft. east of the 1-182 Overpass);
W. Lewis Street (N.12th Avenue to N. 20th Avenue);
N.4th Avenue (E. Court Street to SR-12);
N. 4th Avenue (SR-12 to north line Section 19);
S. 4th Avenue (W. "A" Street to W. Ainsworth Street);
W. Sylvester Street (N. 20th Avenue to Road 60);
Sandifur (Road 60 to Broadmoor Boulevard);
Commercial Avenue(Kartchner to Kahlotus Highway);
Foster Wells Road (SR-395 to N. Oregon Avenue);
Sacajawea Park Road (SR-12 to E. Ainsworth Street);
Burden Boulevard (Road 44 to Road 36);
c,aauvaa P.c.vo,
Road 36 (Argent Road to Burden Boulevard);
Road 100 (W. Court Street to Chelan Drive);
Road 60 (W. Sylvester Street to W. Court Street);
Chapel Hill Blvd(Fim+orse Ln te the F.D.I.D. #1 ewial right of ;
Road 68 (200 foot north of Valley View Pl to Sandifer Pkwy).
Road 52 (Burden Blvd. to Sandifur Parkway);
Road 60 Burden Blvd. to Sandifer Parkway);
Argent Road (From 20th Avenue to the east);
Burden Blvd. (Road 76 to Convention Drive);
Madison Avenue Road 44 to Burden Blvd.);
Road 44 (Argent to Madison Avenue);
Chapel Hill Blvd. (Road 68 to Churchill Downs Lane);
Chapel Hill Blvd. (FCID Canal right-of-way to Road 84).
(Ord. 3730 Sec. 1, 2005; Ord. 3716 Sec. 13 2005; Ord. 3630 Sec. 1, 2003; Ord.
3395 Sec. 1, 1999; Ord. 3293 Sec. 1, 1998; Ord. 3217 Sec. 1, 1997; Ord. 2818
Sec. 2 (part), 1991; Ord. 2795 Sec.4, 1990.)
30 MPH
S. 10th Avenue(W. Ainsworth Avenue to W. Sylvester Street);
N. 20th (W. "A" Street to airport terminal);
W. "A" Street (N. 20th Avenue to Road 28);
W. Clark Street (W. 5th Avenue to N. 18th Avenue);
W. Court Street (N. 1st Avenue west to Road 36);
E. Lewis Street (N. Beech Avenue to N. Cedar Avenue);
28th Avenue (W. "A" Street to W. Lewis Street);
W. Sylvester Street (N. 20th Avenue to N. 7th Avenue);
Road 34 (W. Sylvester Street to W. Court Street);
Clemente Lane(Burden Blvd. to Wrigley Drive);
Wrigley-Drive Road 76 to Clemente Drivel
(Ord. 3716 Sec. 1, 2005; Ord. 3630 Sec. 1, 2003; Ord. 3395 Sec. 1, 1999; Ord.
3293 Sec. 1, 1998; Ord. 3217 Sec. 1, 1997; Ord. 2891 Sec. 1, 1992; 2818 Secs. 1-
4, 1991;. Ord. 2795 Sec. 5,1990; Ord. 2644, See. 1, 1987; Ord. 2536 Sec. 1, 1985;
Ord. 2493 Sec. 1, 1984; Ord. 2486 See. 1, 1984; Ord. 2165 Sec. 1, 1980; Ord.
1979 Sec. 1, 1978; Ord. 1793 Sec. 1, 1976; Ord. 1578 Sec. 1, 1973; Ord. 1475
Sec. 1, 1971; prior code Sec. 8-14.12.)
Section 2. This Ordinance shall take effect five (5) days after passage and publication.
PASSED by the City Council of the City of Pasco, this day of June, 2008.
Joyce Olson
Mayor
ATTEST: APPROVED AS TO FORM:
Sandy L. Kenworthy Leland B. Kerr
Deputy City Clerk City Attorney
CITY OF PASCO
SUMMARY OF ORDINANCE NO.
ORDINANCE NO. is an ordinance amending section amending Section
10.24.040 "Increasing Speed Limits in Certain Zones" amending the speed zone at
various locations throughout the City.
The full text of Ordinance No. is available free of charge and will be mailed
(electronically or via postal service) to any person who requests it from the City Clerk of the City
of Pasco (509) 545-3402, PO Box 293, Pasco, WA 99301.
Sandy Kenworthy, Deputy City Clerk
..........-- ---
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AGENDA REPORT NO. 7
FOR: City Council DATE: June 16, 2008
TO: Gary Crutchfi 1 1 Manager
Robert J. Albe is Works Director
FROM: Michael McSha Engineer Workshop Mtg.: 06/23/08
Regular Mtg.: 07/07/08
SUBJECT: Parking Ordinance Revision
I. REFERENCE(S):
1. Map
2. Ordinance
II. ACTION REQUESTED OF COUNCIL/ STAFF RECOMMENDATIONS:
06/23: Discussion
07/07: MOTION: I move to adopt Ordinance No. adding parking
restrictions on certain streets, and further, authorize publication
by summary only.
III. FISCAL IMPACT:
None
IV. HISTORY AND FACTS BRIEF:
A) City staff has received comments from citizens regarding parking. Staff reviewed
these areas and are recommending restrictions. Also, some recommendations are
for newly constructed streets.
V. DISCUSSION:
A) This ordinance amends Section 10.56 080 (Schedule 111, Parking.Prohibited at All
Times on Certain Streets) of the Pasco Municipal Codes to add the following
streets to the list of prohibited parking streets.
No Parking on East Side:
Fifth Avenue - from Nixon Street to Park Street
Seventeenth Avenue- from"A" Street to Washington Street
No Parking on West Side:
Road 76 - from Wrigley Drive to Burden Boulevard
No Parking on Both Sides:
Madison Avenue - Burden Blvd. to Road 44
Heritage Boulevard- US-12 to "A" Street
3(g)
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ORDINANCE NO.
AN ORDINANCE prohibiting parking on various streets, and amending Section
10.56.080 of the Pasco Municipal Code.
WHEREAS, the Public Works Director has determined that it is necessary for public
safety to prohibit parking on certain streets; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO,WASHINGTON, DO ORDAIN
AS FOLLOWS:
Section 1. Section 10.56.080 of the Pasco Municipal Code is amended to add the
following underlined language and read as follows:
10.56.080 SCHEDULE III - PARKING PROHIBITED AT ALL TIMES ON CERTAIN
STREETS. In accordance with Section 10.56.030, and when signs are erected giving notice
thereof, no person shall at any time park a vehicle upon any of the following described streets or
parts of streets:
"A" Street -both sides of street from Elm Avenue to SR-12;
"A" Street -both sides of street from Ninth Avenue to Eleventh Avenue;
"A" Street - from Main Avenue to Beech Avenue;
"A" Street - 300 feet west of 4th Avenue to three hundred feet east of 4th Avenue;
"A" Street - both sides from 20th Avenue to a point two hundred fifty feet west of 20th
Avenue;
"A" Street—both sides, corner of"A" Street and 28th Avenue;
Agate Street-between Fourth and Fifth Avenues;
Ainsworth Avenue- north side from Railroad Avenue to Oregon Avenue;
Ainsworth Avenue- south side from 1 0th Avenue to Fourth Avenue;
Argent Road--20th Avenue to Road 44;
Autoplex Way—from Court Street south to 160 feet north of Marie Street;
Bonneville Street - the south side of Bonneville Street from a point 150 feet east of the
east curb line of 10th Avenue to the east curb line of 10th Avenue;
Billings Street - from Lewis Street to "A" Street
Broadmoor Boulevard—FCID canal to Nottingham Drive;
Brown Street - north side from Road 28 to Road 26;
Brown Street- south side from Road 28 to a point 130 feet to the easti
Burden Boulevard—Road 76 to Road 36;
Chapel Hill Boulevard—Road 68 to Saratoga Lane;
Chapel Hill Boulevard —Broadmoor Boulevard to Road 84;
Chapel Hill Boulevard - from Cresent Road to Broadmoor Boulevard;
Clark Street - both sides of street from Ninth Avenue to Eleventh Avenue;
Clemente Lane—Burden Boulevard to Wrigley Drive;
Commercial Avenue—both sides from Hillsboro Avenue south 1 mile;
Court Street - from Fourth Avenue west to SR-395;
Court Street—east of Fourth Avenue;
Court Street- from Road 68 to Road 84;
Court Street—Rd. 100 to I-182 Hwy overpass;
Court Street— 1,000 feet south of Harris Road;
E. Broadway Street— (north side) Wehe Street to Franklin Street;
First Avenue—Court Street to Sylvester Street;
Fourth Avenue—(east side) 50 feet north of Columbia Street;
Fourth Avenue— 100 feet south of Columbia Street;
Fourth Avenue - east side from Shoshone Street to Court Street; and on the west side
from Shoshone Street to 125 feet north of vacated Park Street and from 1 l 5 feet north of Octave
Street to Court Street;
Fourth Avenue - east side from Sylvester Street north 140 feet; and on the west side from
Sylvester Street north 200 feet;
Fifth Avenue (west side) Park to Octave;
Fifth Avenue—(east side) north of Court Street;
Fifth Avenue- (east side)Nixon Street to Park Street;
North Fourth Avenue -between Court and Ruby Streets;
Heritage Boulevard -both sides from US-12 to "A" Street;
Hillsboro Street and Commercial Avenue - both sides of Hillsboro Street from a point
100 feet east of the center line of Commercial Avenue to SR 395, and on both sides of
Commercial Avenue from a point 100 feet south of the center line of Hillsboro to Hillsboro;
Jay Street - north side from the east curb line of Road 22 to a point 50 feet west of the
east curb line of Road 22;
Lewis Street - from First Avenue to 70 feet east;
Lewis Street - ninth Avenue to Eleventh Avenue;
Lewis Street - north side of Lewis Street from the east curb line of Seventh Avenue to a
point 135 feet east;
Lewis Street - South side of Lewis Street, from 150 feet east of the center line of First
Street running easterly a distance of 165 feet;
Lewis Street(east) -both sides from Wehe Avenue east to Cedar Avenue;
Lewis Street (east) -both sides from Oregon Avenue east to Wehe Avenue;
Lewis Street— from Cedar Ave_ to Billings Street;
Madison Avenue-both sides from Burden Boulevard to Road 44;
Ninth Avenue—Washington Street to Ainsworth Street;
Octave Street - the south side of Octave Street from 1 point 280 feet east of the east curb
line of Road 34 to a point 420 feet east of the east curb line of Road 34;
Oregon Avenue between "A" Street and Ainsworth Avenue;
Oregon Avenue—(west side) 350 feet north of Bonneville Street;
Oregon Avenue—Hagerman Street to James Street;
Road 22 - east side from the north curb line of Jay Street to a point 50 feet south of the
north curb line of Jay Street;
Road 26—from Court Street to Brown Street
Road 28—west side from Sylvester Street to Brown Street;
Road 28—east side from Sylvester Street to Brown Street except for 315 feet starting
from a_point 360 feet north of the intersection of Sylvester Street and Road 28;
Road 34 -both sides of the street from Henry Street to Court Street;
Road 36 - both sides of the street from its intersection with Argent Place to a point 1,200
feet north of Argent Place;
Road 36—Burden Boulevard. to 200 feet south of Meadow Beauty Drive;
Road 44 - east side from Meadow View Street to Argent Place;
Road 44 - west side from Desert Street to Argent Place;
Road 44—west side from Desert Street to Burden Boulevard;
Road 44—Burden Boulevard to Sandifur Boulevard;
Road 52—Burden Boulevard to Sandifur Boulevard;
Road 60—Burden Boulevard to Sandifur Boulevard;
Road 68 Place—Burden Boulevard to Sandifur Boulevard;
Road 68 —FCID canal north to City Limits;
Road 68 —1-182 to Sandifur Boulevard,
Road 76- east side from Sandifur Parkway to a point 620 feet south of Wrigley Drive;
Road 76 - (west side) Wrigley Drive to Burden Boulevard;
Road 76 - west side from Sandifur Parkway to Wrigley Drive;
Road 80 - from Court Street south;
Road 84 - from Sunset Lane south;
Road 100—Court Street to FCID canal;
Rodeo Drive—Road 68 to Convention Place;
Ruby Street-between Fourth and Fifth Avenues;
Sandifur Boulevard—Broadmoor Boulevard to Robert Wayne Drive;
Sandifur Boulevard—(north side) Robert Wayne Drive to Road 60;
Sandifur Boulevard—from Road 60 to Road 62;
Sandifur Parkway- from Road 60 to Road 44;
Seventeenth Avenue - (east side) "A" Street to Washington Street;
Shoshone Street- 22nd Avenue to 23rd Avenue;
Sun Willows Boulevard - both sides of street from its intersection with 20th Avenue to its
eastern terminus;
Sylvester Street—(south side) 20th Avenue to 28th Avenue;
Sylvester Street— (north side) one hundred feet east of 26th Avenue to 28th Avenue;
Sylvester Street- From the east line of 20th Avenue to a point 290 feet east thereof;
Tenth Avenue -both sides of street from "A" Street to "B" Street;
Tenth Avenue - from "B" Street to and including the Inter-City Bridge;
Tenth Avenue -both sides of street from Lewis Street to Clark Street;
Third Avenue—(east side) fifty feet south of Columbia Street;
Third Avenue - (east side) fifty feet north of Columbia Street;
Third Avenue—(west side) thirty feet north of Sylvester Street;
Third Avenue - On the west side from a point five hundred seventy-five feet north of
Margaret Street to a point six hundred fifty feet north of Margaret Street;
Twentieth Avenue — From Lewis Street to Argent Road except on the east side of 20th
Avenue only from a point one hundred seventy feet south of Hopkins Street to Lewis Street.
Twenty Eight Avenue—(west side) Lewis Street to Sylvester Street;
Washington Street—9th Avenue to I Oth Avenue;
Wrigley Drive—Road 76 to Clemente Lane;
Road 26 - Both sides of Road 26, from a point 120 feet south of the south curb line of
Court Street on the east side and 245 feet south of Court Street on the west side, to 250 feet north
of the north curbline of Court Street.
(Ord. 3774, 2006; Ord. 3750 Sec. 1, 2005; Ord. 3694 Sec 1, 2004; Ord. 3668 Sec 1, 2004; Ord.
3619 Sec 1, 2003; Ord. 3549 Sec. 1, 2002; Ord. 3176 Sec. 1, 1996; Ord. 2969, Sec. 1, 1993; Ord.
2964, Sec. 1, 1993; Ord. 2930 Sec. 1, 1993; Ord. 2918 Sec. 1, 1993; Ord. 2898 Sec. 1, 1992;
Ord. 2895 Sec. 1, 1992; Ord. 2888 Sec. 1, 1992; Ord. 2832 Sec. 1, 1991; Ord. 2812 Sec. 1, 1991;
Ord. 2748 Sec. 1, 1989; Ord. 2747 Sec. 1, 1989; Ord. 2732 Sec. 1, 1989; Ord. 2720 Sec. 1, 1989;
Ord. 2698 Sec. 1, 1988; Ord. 2657 Sec. 1, 1987; Ord. 2656 Sec. 1, 1987; Ord. 2655 Sec. 1, 1987;
Ord. 2654 Sec. 1, 1987; Ord. 2645 Sec. 1, 1987; Ord. 2615 Sec. 1, 1986; Ord. 2614 Sec. 1, 1986;
Ord. 2571 Sec. 1, 1985; Ord. 2534 Sec. 1, 1985; Ord. 2496 Sec. 1, 1984; Ord. 2433 Sec. 1, 1983;
Ord. 2407 Sec. 1, 1982; Ord. 2403 Sec. 1, 1982; Ord. 2354 Sec. 1, 1982; Ord. 2207 Sec. 1, 1980;
Ord. 2197 Sec. 1, 1980; Ord. 2131 Sec. 1, 1980; Ord. 2108 Sec. 1, 1979; Ord. 2058 Sec. 1, 1979;
Ord. 1999 Sec. 4, 1978; Ord. 1943 Sec. 1, 1978; Ord. 1939 Sec. 1, 1978; Ord. 1808 Sec. 1, 1976;
prior code Sec. 8-42.12.)
Section 2. This Ordinance shall take effect five (5) days after passage and publication.
PASSED by the City Council of the City of Pasco, Washington, and approved as
provided by law this day of June, 2008.
Joyce Olson
Mayor
ATTEST: APPROVED AS TO FORM:
Sandy L. Kenworthy Leland B. Kerr
Deputy City Clerk City Attorney
CITY OF PASCO
SUMMARY OF ORDINANCE NO.
ORDINANCE NO. is an ordinance amending section 10.56.080 "Schedule III —
Parking prohibited at all times on certain streets" of the Pasco Municipal Code to prohibit
parking on various streets.
The full text of Ordinance No. is available free of charge and will be mailed
(electronically or via postal service) to any person who requests it from the City Clerk of the City
of Pasco (509) 545-3402, PO Box 293, Pasco, WA 99301.
Debbie Clark, City Clerk
AGENDA REPORT
TO: City Council June 20, 2008
FROM: Gary Crutch a Manager Workshop Mtg.: 6/23/08
SUBJECT: Vehicle Impo dment for Noise Violation
I. REFERENCE(S):
A. Memorandum from City Attorney to City Manager dated 6/18/08
II. ACTION REQUESTED OF COUNCIL/ STAFF RECOMMENDATIONS:
6/23: Discussion
III. FISCAL IMPACT:
IV. HISTORY AND FACTS BRIEF:
A) Despite the city's long-standing regulation declaring a public disturbance noise
when sound from a motor vehicle can he heard more than 75 feet away, the
community continues to experience clear violations. During warmer weather
months (spring through fall), the problem tends to increase. Several weeks ago,
Council asked that staff look into the possibility of impounding a vehicle when its
operator violates the noise standard in the vehicle.
' 13) The city's attorney has researched the matter and summarized his findings in the
memorandum attached as Reference A.
V. DISCUSSION:
A) It appears that impoundment may be lawful; however, the city attorney advises
further legal research before such an ordinance is drafted and adopted for
implementation.
B) Council should discuss this matter to give staff appropriate direction.
3(h)
°4SCO CITY HAL.I
KERR LAW GROUP ':'PrEIVEJ
7025 West Grandridge Blvd., Suite A JUN 2 0 2008
Kennewick, Washington 99336-7724
(509) 735-1542 t Y MANAGERIQ
tFFFICE
MEMORANDUM
TO: Gary Crutchfield, City Manager
City of Pasco
FROM: Leland B. Kerr
Attorney at Law
DATE: June 18,2008
RE: Vehicle Noise Violation- - Impound
The question was recently posed by Councilman Garrison as to whether or not there may be
additional remedies available to enforce PMC 9.61.020 11) and 12) which identifies public
disturbance noises to include:
"11) Any sound made by speaker, sound amplifier or motor vehicle audio
system exterior to the passenger sitting compartment of the motor vehicle on a
public street or highway (anywhere within the right-of-way thereof) of a
commercial radio station broadcast, or music from an audio tape cassette,
compact disc, or other recording medium.
12) Any sound from a motor vehicle audio system such as tape players,radios,
compact disc players, operated at a volume and under conditions, so as to be
audible greater than seventy-five(75)feet from the vehicle itself."
The City previously had a two-strike rule, but presently under PMC 9.61.060 states the violation
of this Ordinance as a civil infraction subject to a civil penalty not to exceed $250 "as the
exclusive penalty without the imposition of incarceration."
The question posed was whether impoundment of the vehicle may be an alternative available
remedy.
There is no statute in Washington that specifically authorizes the impound of vehicles for noise
violations. Likewise, 1 found no jurisdiction within the State that has adopted this approach. I
contacted Municipal Research Servicing Center to find out if they are aware of any such
ordinances or have information regarding this approach. Unfortunately, they were not aware of
Gary Crutchfield
June 18, 2008
Page 2
any other cities utilizing this remedy, nor provided any research or additional information in
regards to this remedy.
The City is granted under Article XI Section I I of the Washington State Constitution, Police
Powers, to regulate the health and safety of its citizens to the extent they are not in conflict with
general laws. Washington does not have a specific statute authorizing the impound of vehicles
for nuisance noise violations.
RCW 46.55.010 (the State's vehicle impound statute) only identifies impound for abandoned,
immobilized, junked or suspended license impounds. There is nothing in the statute, however,
that indicates that legislative intent should preempt the authority of cities to enact their own
impound ordinances. In fact, RCW 46.55.240 authorizes local ordinances which meet certain
requirements. The statute specifically provides that "a city, town, or county may, by ordinance,
authorize other impound situations that may arise locally upon the public right-of-way or other
publicly owned or controlled property." That section also specifically addresses "public
nuisances", however, it appears to be more geared to address junked and abandoned vehicles
rather than noise nuisances.
While the City may be unique in the State of Washington for pursuing this type of remedy,there
are other jurisdictions that specifically authorize vehicle impounds for noise violations. Illinois
has a statute that authorizes local jurisdiction to adopt impound ordinances for noise. The City
of Peoria, Illinois, has adopted just such an ordinance. Their ordinance adopts the same standard
that a noise violation occurs when any sound can be heard more than 75 feet from the vehicle. It
specifically authorizes the vehicle seizure and impoundment as a public nuisance. Under their
ordinance, the owner upon the first violation would be liable for the towing and storage of the
vehicle. A second offense within a two-year period involving the same vehicle would result in a
$250 penalty in addition to the fees of towing and storage. A third and subsequent offense
within a two-year period of time results in a penalty of$500 in addition to the fees for towing
and storage.
Peoria's impound procedures are very similar to the impound procedures that the City presently
uses for the impound of vehicle and is in general compliance with the provisions of the State
statute (RCW 46.55). This would require notification and an opportunity for a hearing to secure
the release of the vehicle. Peoria's ordinance provides that the owner may petition for a
preliminary hearing within 24 hours after seizure and a hearing being held within 72 hours of the
seizure. If at the hearing the hearing officer determines that there is a probable violation, the
officer can order a continued impoundment unless the owner posts with the City a cash bond in
the amount of$250 for the first offense and $500 for subsequent offences, plus the fees for the
towing and storage. A copy of Peoria's ordinance is attached.
If the City adopted this concept,the procedure would have to be changed slightly to be consistent
with the existing procedure for impound.
Gary Crutchfield
June 18,2008
Page 3
A brief review of the Illinois case law did not show any Constitutional challenges of an impound
ordinance adopted pursuant to their State law.
As a result, I believe that such an impound ordinance may be lawful under the laws of the State
of Washington which would incorporate all the due process protections built into the existing
impoundment procedures. There would, however, be a high likelihood of a judicial challenge
both on a property rights and free expression basis, and, therefore, additional significant legal
research should be conducted before adoption of such an ordinance.
If you have any questions or concerns in this regard,please do not hesitate to give me a call.
LBKlsla
Attachment
cc: Chief Austin
Sec. 28-100. Immobilization.
(a) Any motor vehicle in which the registered owner has accumulated five or more
outstanding and unpaid stopping, standing, or parking violation citation in which a notice
of final determination of violation liability has been rendered, shall be subject to
immobilization.
(b) The additional notice contained in section 28-95(5)(1) shall constitute as a notice of
impending immobilization and this notice shall contain the right to request a hearing to
challenge the validity of the liability on the notice by filing a written request to the
parking enforcement coordinator within five days of this notice. It shall be sent by
certified mail but shall be considered served when sent. Return receipt shall not be
required.
(c) Upon the expiration of the time period to challenge the liability on the notice,
members of the police department or vehicle parking enforcement officers are hereby
authorized to immobilize said vehicle in such a manner as to prevent its operation,
provided that the manner of immobilization shall be designated to cause no damage to
said vehicle unless the vehicle is moved while immobilized.
(d) Such immobilization shall not be removed until the person responsible for such
violation has either paid the fines for all such violations then outstanding and unsettled
against the vehicle owner, or has posted collateral, as follows:
(1) By posting 100 percent of the total outstanding fine for remaining violations; or,
(2) By determination of erroneous immobilization;
(e) Prior to release of the vehicle to the owner or authorized agent hereunder, the
validity of the intended operator's driver's license and insurance coverage on the vehicle
shall be verified.
(f) Except where the vehicle is otherwise subject to towing, if the immobilization has
not been removed within 48 hours of its placement, it may be removed and the vehicle
towed and impounded. Towing and storage fees as specified in this section shall be paid,
along with any deposit or payment required by this section, before the owner of the
impounded vehicle shall be permitted to repossess or secure the release of the vehicle;
provided, however, that in the case of an erroneous immobilization and subsequent tow
and impoundment, no such fees shall be charged.
(g) Upon the towing of such vehicle under the above subsection, the parking
enforcement coordinator or his or her designee shall promptly cause a notice to be sent by
first class U.S. Mail to the last known address of the registered owner determined upon a
reasonable and diligent search and said notice shall inform the registered owner the
following:
(1) The location of where the vehicle is impounded;
(2) The total amount of fines and fees that must be paid to release the vehicle;
(3) That the owner needs to pay for any towing and storage costs incurred up to the date
of the release of said vehicle;
(4) That he or she can file a written request for an administrative hearing to challenge
the validity of the impoundment to the parking enforcement coordinator within five days
of the mailing of the notice,
(5) The grounds for setting aside the vehicle immobilization shall be limited to the
following:
a. The appropriate fine and fee for the citations rendering the vehicle subject to
immobilization were paid prior to the immobilization.
b. The citations rendering the vehicle subject to immobilization were not issued to the
registered owner of said vehicle.
(h) The owner shall be responsible for an immobilization removal fee of$35.00 in cases
other than erroneous immobilization, and for all regular towing charges incurred
hereunder.
(i) Any vehicle impounded under subsection 28-100(e)that is not claimed by the
registered owner 30 days after the mailing of the notice shall be considered as abandoned
or unclaimed and may be sold as such.
0) This section shall not apply to a vehicle in which the registered owner of the vehicle
is the lessor of the vehicle and complies with the requirements under 625 ILCS 5/11-
1306.
(Ord. No. 16096, § 1, 3-27-07)
Sec. 28-101. Nonresident procedures.
Nonresidents of the city who have been served vehicular standing, parking or compliance
violation notices may contest the alleged violation on its merits without personally
appearing at an administrative hearing by:
(1) Completing, in full, the "nonresident request for hearing--nonappearance" section of
the violation notice served upon him/her pursuant to this division.
(2) Signing in the space specified in the violation notice, acknowledging that his/her
personal appearance is waived and submitting to an adjudication based upon the
notarized statement filed by him/her and the facts contained in the violation notice.
(3) Filing the violation notice, with the "nonresident request for hearing--
nonappearance" section fully completed, with parking enforcement coordinator
postmarked no later than 30 days after the violation date. The filing shall be deemed
completed if postmarked by the due dates herein specified.
(4) Filing a notarized statement of facts specifying the grounds for challenging the
violation notice, which must be filed with parking enforcement coordinator postmarked
no later than 30 days after the violation date. The filing shall be deemed completed if
postmarked by the due dates herein specified.
(5) The hearing officer shall make an adjudication based upon the facts set forth in the
notarized statement of facts filed by the nonresident and as is contained in the violation
notice.
(6) Notice of the determination of the hearing officer shall be served upon the
nonresident by first-class mail, postage prepaid, addressed to the nonresident at the
address set forth in the statement of facts submitted.
(7) Service of the notice of such determination shall be complete on the date the notice
is deposited in the United States mail.
(8) All other provisions of this division shall apply equally to nonresidents of the city.
(Ord. No. 16097, § 2, 3-27-07)
Secs_ 28-102--28-105, Reserved.
Sec. 15-75. Radios, phonographs, etc. on the public way.
No person shall play, use, operate or permit to be played, used or operated any
radio, tape recorder, cassette player, device for receiving broadcast sound or
reproducing recorded sound, or any other sound amplification system if the device is
located:
(1) On the public way; or
(2) In any motor vehicle on the public way;
and the sound can be heard from 75 feet or more. This section does not apply to
authorized emergency vehicles. This section does not apply when such sound
amplification system is being operated to request assistance or warn of a hazardous
condition.
"Public way" means any and all streets, alleys, sidewalks, boulevards and rights-
of-way.
The minimum fine for a violation of this section shall be set forth in section 1-5 of
this Code for each offense.
(Ord. No. 14718, § 1, 4-27-99; Ord. No. 15771, § 2, 5-17-05; Ord. No. 15922, § 1, 4-25-
06, Ord. No. 16102, § 1, 4-3-07)
See. 15-76. Noise.
The minimum fine for a violation of Article III of this chapter, sections 15-61--15-
75, shall be set forth in section 1-5 of this Code for each offense.
(Ord. No. 15400, § 2, 12-10-02; Ord. No. 16102, § 1, 4-3-07)
Sec. 15-77. Vehicle seizure and impoundment.
(a) A motor vehicle, operated with the permission, express or implied, of the owner of
record, that is used in violation of section 15-75 of this code shall be subject to seizure
and impoundment under this section. A motor vehicle used in violation of section 15-75
of this Code shall be declared a public nuisance. The owner of record of such vehicle
shall be liable for the towing and storage of the vehicle. For a second offense within a
two-year period involving the same vehicle, the owner of record of such vehicle shall be
liable to the city for a penalty of $250.00 in addition to fees for the towing and storage of
the vehicle; for a third or subsequent offense within a two-year period, the owner of
record of such vehicle shall be liable to the city for a penalty of $500.00 in addition to
fees for the towing and storage of the vehicle.
(b) Whenever a police officer has probable cause to believe that a vehicle is subject to
seizure and impoundment pursuant to this section, the police officer shall provide for the
towing of the vehicle to a facility controlled by the city or a tow company from the rotation
tow list set forth in Chapter 30 of this Code. When the vehicle is towed, the police officer
shall notify the person who is found to be in control of the vehicle at the time of the
alleged violation, if there is such a person, of the fact of the seizure and of the vehicle
owner's right to request a preliminary hearing to be conducted under this section. Said
vehicle shall be impounded pending the completion of hearings provided for in
subsections (c) and (d) herein, unless the owner of the vehicle pays for the towing and
storage of the vehicle. For a second offense, said vehicle shall be impounded pending
the completion of hearings provided for in subsections (c) and (d) herein, unless the
owner of the vehicle posts with the city a cash bond in the amount of $250.00, or, for a
third or subsequent offense within a two-year period, $500.00, plus fees for the towing
and storage of the vehicle.
(c) Whenever the owner of a vehicle seized pursuant to this section requests a
preliminary hearing within 24 hours after the seizure, a hearing officer of the city shall
conduct such preliminary hearing within 72 hours after said seizure. All interested
persons shall be given a reasonable opportunity to be heard at the preliminary hearing.
The formal rules of evidence will not apply at the hearing and hearsay evidence shall be
admissible. If, after the hearing, the hearing officer determines that there is probable
cause to believe that the vehicle, operated with the permission, express or implied, of
the owner, was used in the commission of any crime set forth in this section, the hearing
officer shall order the continued impoundment of the vehicle as provided in this section
unless the owner of the vehicle posts with the city a cash bond in the amount of $250.00,
or, for a third or subsequent offense within a two-year period, $500,00, plus fees for the
towing and storage of the vehicle. If the hearing officer determines that there is no such
probable cause, the vehicle will be returned without penalty or other fees,
(d) Within ten days after a vehicle is seized and impounded pursuant to this section, the
city shall notify by certified mail, return receipt requested, the owner of record at his/her
last know address as indicated by the vehicle's registration of his/her right to request a
hearing before the hearing officer that will be conducted to determine whether the
subject vehicle is eligible for impoundment pursuant to this section. However, no such
notice need be sent to the owner of record if the owner is personally served with the
notice within ten days after the vehicle is impounded, and the owner acknowledges
receipt of the notice in writing. The notice shall state the penalties that may be imposed if
no hearing is requested, including that a vehicle not released by payment of the penalty
and fees and remaining towing/storage facility may be sold or disposed of by the city or
the tow operator in accordance with applicable law. The owner of record seeking a
hearing must file a written request for a hearing with the city legal department no later
than 15 days after the notice was mailed or otherwise given under this subsection. The
hearing shall be scheduled and held unless continued by order of the hearing officer, no
later than 45 days after the request for a hearing has been filed. All interested persons
shall be given a reasonable opportunity to be heard at the hearing. The formal rules of
evidence will not apply at the hearing, and hearsay evidence shall be admissible. If, after
the hearing, the hearing officer determines by a preponderance of evidence that the
vehicle was used in the commission of a violation of section 15-75, the hearing officer
shall enter an order requiring the vehicle to continue to be impounded until the owner
pays towing and storage of the vehicle, or for a second offense, a penalty of $250.00, or,
for a third or subsequent offense within a two-year period, $500.00, plus fees for towing
and storage of the vehicle. The penalty and fees shall be a debt due and owing the city.
However, if a cash bond has been posted, the bond shall be applied to the penalty. If the
hearing officer determines that the vehicle was not used in commission of such a
violation, he/she shall order the return of the vehicle or cash bond and the city shall be
liable for towing and storage fees.
(e) Any motor vehicle that is not reclaimed within 30 days after the expiration of the
time during which the owner of record may seek judicial review of the city's action under
this section, or the time at which a final judgment is rendered in favor of the city, may be
disposed of as an unclaimed vehicle as provided by law. As used in this section, the
"owner of record" of a vehicle means the record title holder.
(f) Fees for towing and storage of a vehicle under this section shall be the same as
those charged pursuant to section 30-298 of this Code.
(g) This section shall not replace or otherwise abrogate any existing state or federal
laws or local ordinances pertaining to vehicle seizure and impoundment. Nothing herein
precludes prosecution for violation of section 15-75 in addition to or in lieu of the
procedures set forth in this section.
(h) Notwithstanding any other provision of this section, whenever a person with a lien of
record against a vehicle impounded under this section has commenced foreclosure
proceedings, possession of the vehicle shall be given to that person if he/she agrees in
writing to refund to the city the net proceeds of any foreclosure sale, less any amounts
necessary to pay all lien holders of record, up to the total amount of penalties and fees
imposed under this subsection (a)_
(Ord. No. 15922, § 2, 4-25-06)
Secs. 15-78--15-95_ Reserved.
AGENDA REPORT
TO: City Council June 20, 2008
FROM: Gary Crutchfi anger Workshop Mtg.: 6/23/08
SUBJECT: Televised Rec rdings of Planning Commission Hearings
I. REFERENCE(S):
A. Memorandum from City Attorney to City Manager dated 6/17/08
II. ACTION REQUESTED OF COUNCIL/ STAFF RECOMMENDATIONS:
6/23: Discussion
III. FISCAL IMPACT:
IV. HISTORY AND FACTS BRIEF:
A) Several weeks ago, Council directed staff to look into the question of whether or
not video recordings of Planning Commission hearings should accompany the
Planning Commission's recommendation for action on a given application. The
city attorney has reviewed the matter and has provided his findings and
recommendation in the memorandum attached as Reference A.
V. DISCUSSION:
A) In view of the city attorney's recommendation, one option available to Council
would be to include the video recording of the Planning Commission's hearing
along with the full record but only for those recommendations for which the City
Council determines a "closed record hearing" is necessary. That would include,
any recommendation which is appealed by an applicant or other affected party or a
recommendation which, by virtue of Council concern, requires a closed record
hearing. The "run of the mill" Commission recommendation to which no one
objected (including Council) would not involve Council review of the video
recording.
B) In addition to the legal consideration reflected in the attorney's recommendation,
the more "focused" use of the video recordings would permit staff sufficient time
(between the time Council determines to set a closed record hearing and the date
of the actual closed record review) to prepare a copy of the subject hearing and
Commission deliberation (two separate meetings) onto one DVD for distribution
along with the balance of the record.
C) Staff requests Council discussion and direction on the matter.
30)
KERR LAW GROUP
7025 West Grandridge Blvd., Suite A
Kennewick, Washington 99336-7724
(509) 735-1542
MEMORANDUM
TO: Gary Crutchfield, City Manager
City of Pasco
FROM: Leland B. Kerr
Attorney at Law
DATE: June 17, 2008
RE: Council's View of Televised or DVD Recorded Commission Meetings
The question was recently raised whether members of the Council can appropriately view
televised meetings of other City Boards and Commissions such as the Planning Commission or
the Code Enforcement Board without jeopardizing their participation in future Council action.
Due to the recentcy of this technology, there is no statutory or case law dealing specifically with
this question. Therefore, the basic rules associated with fair hearings, including the statutory
Appearance of Fairness Doctrine would apply.
The Appearance of Fairness Doctrine (RCW 42.36.060) states:
"During the pendency of any quasi-judicial proceeding, no member of a decision-
making body may engage in ex parte communications with opponents or
proponents with respect to the proposal which is the subject of the proceeding
unless that person: (1) places on the record the substance of any written or oral ex
parte communications concerning the decision or action; and (2) provides that a
public announcement of the content of the communication and of the parties'
rights to rebut the substance of the communication shall be made at each hearing
where action is considered or taken on the subject to which the communication is
related. . ."
The Appearance of Fairness Doctrine applies only to "quasi-judicial" hearings on matters that
may ultimately come before the City Council for determination.
Ex parte communications are any opportunity outside of the formal hearing process for the
Council Member to receive information from either the opponent or proponent related to the
application.
Gary Crutchfield
June 17, 2008
Page 2
Viewing the commission proceeding either on television or by DVD, creates that opportunity to
receive evidence outside the formal hearing process.
The dangers are twofold.
First, it may tempt the Council Member to make up his or her mind before the Council has an
opportunity to hear all the facts at the hearing before the Council. Announcement of this fact
would require the City Council to disqualify her/himself prior to the hearing (Chrobuck vs.
Snohomish County, 78 Wn.2d 858).
The second area of concern is that the Council Member would receive information that is "not in
the record" because it was excluded at the earlier hearing as a result of an evidentiary ruling.
There is a greater probability of this occurring with the Hearing Examiner where there may be
rulings on the admissibility of certain evidence than with the Planning Commission.
Perhaps the closest corollary is the long-standing prohibition against the Council Members
physically attending Planning Commission meetings on quasi-judicial matters.
RCW 42.36.070 envisions only a single circumstance for double participation. That is only
permitted where the City Council Member was previously a member of the Planning
Commission and heard the application initially in the capacity to make an advisory
recommendation to the City Council. The advice from Municipal Research Servicing Center is
against it:
"Although RCW 42.36.070 provides that participation by a member of a decision-
making body in an earlier proceeding that results in an advisory recommendation
to a decision-making body does not disqualify that person from participating in
any subsequent quasi-judicial proceeding, such participation could potentially
affect the applicant's right to a fair hearing. RCW 42.36.110 provides: `Nothing
in this chapter prohibits challenges to local land use decisions where actual
violation of an individuals' right to a fair hearing can be demonstrated.' Out of
perhaps an excess of caution, this office generally recommends that city
councilmembers not attend planning commission hearings on quasi-judicial
matters because it is possible that their attendance might give rise to a challenge
based on the appearance of fairness doctrine. We are not aware of any court
decisions in which such a challenge has been adjudicated."
In the event that Council Members do view these proceedings, the record disclosures of RCW
42.36.060 requiring that "substance" of the ex parte communication be placed on the record and
that an opportunity to rebut the substance of the communication be provided.
This raises the concern on how you can admit the "substance of the communication" without
having to replay the entire previous hearing. At least, the DVD upon which the previous hearing
Gary Crutchfield
June 17, 2008
Page 3
was recorded should be made an exhibit and treated in the same manner as written
correspondence under RCW 42.36.060 which states:
"This prohibition does not preclude a member of a decision-making body from
seeking in a public hearing specific information or data from such parties relative
to the decision if both the request and the results are a part of the record. Nor
does such prohibition preclude correspondence between a citizen and his or her
elected official if any such correspondence is made a part of the record when it
pertains to the subject matter of a quasi-judicial proceeding."
Until there is either a legislative refinement of the present statute, or case law that addresses this
issue, the best course of action would be to avoid watching the televised or recorded quasi-
judicial proceedings just as physical attendance at those hearings should be avoided.
The prohibition of ex parte communications does not apply,however, to legislative actions of the
Council. Those actions which involve legislative recommendations such as vacation of right-of-
ways or textual amendments that may originate with the Planning or other applicable
Commissions,does not apply here.
Likewise, in the case of a closed record appeal, the written record may be supplemented with a
DVD to better assist the Council in fulfilling its functions as an appellate tribunal. The DVD,
however, by necessity, must also be made a part of the record as well.
It is, therefore,my recommendation that Council refrain from"attending" quasi-judicial hearings
held by its Board or Commissions by person or second hand by viewing the DVD or televised
sessions.
If you have any questions or concerns,please do not hesitate to give me a call.
LBK/sla