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HomeMy WebLinkAbout2008.10.27 Council Workshop Packet AGENDA PASCO CITY COUNCIL Workshop Meeting 7:00 p.m. October 27,2008 1. CALL TO ORDER 2. ROLL CALL: (a) Pledge of Allegiance. 3. VERBAL REPORTS FROM COUNCILMEMBERS: 4. ITEMS FOR DISCUSSION: (a) Memorial Pool Renovation: 1. Agenda Report from Stan Strebel, Administrative & Community Services Director dated October 23, 2008. (b) 2008 Franklin County Integrated Solid Waste Management Plan: 1. Agenda Report from Jeff Adams,Associate Planner dated October 14, 2008. (c) Assumption of Wade Park Lease: 1. Agenda Report from Stan Strebel, Administrative & Community Services Director dated October 15, 2008. 2. Proposed Resolution. 3. Letter from Franklin County dated 10/1108. 4. Letter to Franklin County dated 1118106. (d) Prequalification Requirements: 1. Agenda Report from Robert J. Alberts,Public Works Director dated October 21, 2008. 2. Ordinance. (e) City Council Districts: 1. Agenda Report from Gary Crutchfield, City Manager dated October 22, 2008, 2, PMC Chapter 1.10"Voting Districts." 3. Table, Population and Registered Voters, by Precinct. 4. Map, Five District Option B. 5. Map, Five District Option C. 6. Map, Five District Option D. 5. OTHER ITEMS FOR DISCUSSION: (a) (b) (c) 6. EXECUTIVE SESSION: (a) (b) (c) 7. ADJOURNMENT. REMINDERS: 1. 5:00 p.m., Monday, October 27, Port of Benton - Hanford Area Economic Investment Fund Committee Meeting. (COUNCILMEMBER MATT WATKINS, Rep.,AL YENNEY,Alt.) 2. 9:00 a.m., Tuesday, October 28, City Hall, Parks & Rec. Classroom - Fair Housing & Landlord Tenant Workshop Welcome Address. (MAYOR JOYCE OLSON) 3. 10:30 a.m., Tuesday, October 28 - Court Street Pedestrian Overpass Ribbon Cutting Ceremony. (MAYOR JOYCE OLSON; ALL COUNCILMEMBERS INVITED TO ATTEND) 4. 3:30 p.m., Thursday, October 30, 502 Boeing Street - Franklin County Emergency Management Board Meeting. (MAYOR JOYCE OLSON, Rep.; TOM LARSEN, Alt.) 5. 7:30 a.m., Friday, October 31, Richland Council Chambers - Hanford Communities Governing Board Meeting. (COUNCILMEMBER MIKE GARRISON, Rep.; AL YENNEY, Alt.) AGENDA REPORT FOR: City Council October 23, 2008 TO: Gary Crutchfi Manager Workshop Mtg.: 10/27/08 FROM: Stan Strebel, dminiss a ' e d Community Services Manager SUBJECT: Memorial Pool Renovation I. REFERENCE(S): Oral Presentation by Geoff Anderson of ORB Associates (No written material in packet) 1I. ACTION REQUESTED OF COUNCIL/ STAFF RECOMMENDATIONS: 10/27: Discussion; Council consensus III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: A) At a September meeting, concerning proposed renovation plans for Memorial Pool, Council expressed concern that the scoping for the project be reviewed before any plans were prepared. In order to familiarize Council with the various issues that need to be addressed in the remodel, staff has arranged for Geoff Anderson of ORB Associates to present the remodel concepts and alternates that be may be considered by Council. Mr. Anderson will be prepared to review the necessary code and systems renovations needed as well as explore the cost alternatives (both capital and operational) associated with options such as enclosure of the facility, alternate replacements for the training pool and alternative diving configurations. B) Once Council is satisfied with the scope of work,a contract for design documents can be prepared for Council approval. 4(a) AGENDA REPORT NO. 65 FOR: City Council October 14, 2008 TO: Gary Crutchfi Manager Workshop Mtg.: 10/27/2008 Rick White, Di ector '7V4 Community & conomic Development FROM: Jeff Adams, Associate Planner SUBJECT: 2008 Franklin County Integrated Solid Waste Management Plan I. REFERENCEN: II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 10/27 Discussion and presentation by Jack Clark, HDR Engineering. III. FISCAL IMPACT: Approximately $87,000 to the City for operations and programs over the first 6-years; Capital plan and operations approximately $1.5 million over the 20-year planning cycle. IV. HISTORY AND FACTS BRIEF: A. The 2008 Franklin County Integrated Solid Waste Management Plan (Plan) was developed in response to Washington and Oregon Legislation. B. Each county, in cooperation with the cities within the county, is required to prepare a solid waste management plan. C. Although the plan addresses a 20-year timeframe, it will be necessary to revise and update the plan at least every 5 years (RCW 70.95). D. Prior to development of the Plan, all participating jurisdictions (Pasco, Connell, Kahlotus, and Mesa) chose to prepare a joint city—county plan and signed an"Interlocal" agreement giving Franklin County authority as the lead planning agency. E. The Plan proposes institution of fees or surcharges to pay the 25%-75% match for mandated components of RCW 70.95. V. DISCUSSION: The next steps in the planning process are as follows: 1. Submission of Plan to Ecology and WUTC and the distribution of the Plan for review by the public, municipalities, counties, and the SWAC 2. Workshops and hearings (County and municipalities). 3. Review and incorporation of pertinent comments by Ecology and WUTC. 4. Preparation of the final Plan. 5. Obtain resolutions of adoption from municipalities and counties. 6. Submit final Plan to Ecology for approval. 7. Obtaining Ecology approval of Plan. 8. Plan implementation. The Plan makes recommendations for waste reduction, recycling, moderate risk waste, solid waste collection, solid waste transfer and disposal, alternatives to disposal, special waste streams, administration and enforcement, and financing and implementation. 4(b) AGENDA REPORT FOR: City Council October 15, 2008 TO: Gary Crutchfie anager FROM: Stan Strebel, A ini trafive and Community Workshop Mtg.: 10127/08 Services Director� � Regular Mtg.: 11/3/08 SUBJECT: Assumption of Wade Park Lease I. REFERENCE(S): 1. Proposed Resolution 2. Letter from Franklin County 10-1-08 3. Letter to Franklin County 1-18-06 Il. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 10/27: Discussion 11/3: Motion: I move to approve Resolution No. Accepting the inclusion of Wade Park in the City's lease for Chiawana Park. III. FISCAL IMPACT: Minimal—the City already maintains Wade Park. IV. HISTORY AND FACTS BRIEF: A) In 2004, Franklin County began the process of relinquishing its U.S. Army Corps of Engineers leases for Columbia River shoreline property, including Chiawana Park and Wade Park. While the City has since signed a new lease with USACE for Chiawana Park, due to the ongoing grant-funded project for the Road 54 Boat Launch at Wade Park, the County agreed to continue its lease until the project was completed and the City agreed to assume the lease at that time. B) The boat launch has been completed this year and the County is formally requesting that the City assume the lease. C) As the City has been maintaining Wade Park for several years (under an agreement with the County) assumption of responsibility for the property under the existing Chiawana Park lease will have little financial effect on the City budget. The City will assume first line management and reporting responsibility as a result of the transfer. 4(c) RESOLUTION NO. A RESOLUTION Accepting the Inclusion of Wade Park in the Public Park and Recreation Lease for Chiawana Park. WHEREAS, Franklin County is the holder of Department of the Army Public Park and Recreation Lease No. W912EF-1-04-12 which includes Wade Park in Pasco; and WHEREAS, Franklin County has previously relinquished other properties previously included in said lease to the Army; and WHEREAS, the City of Pasco has previously agreed to lease said relinquished properties and is willing to now accept transfer of Wade Park to its current lease for Public Park and Recreation lands; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO: SECTION 1: That the City hereby agrees to accept the inclusion of Wade Park (property leased under Lease No. W912EF-1-04-12, McNary Project to Franklin County, Washington) for inclusion with its Lease No. W912EF-1-08-07, Chiawana Park per attachment"A". SECTION 2: That the Mayor and City Manager are hereby authorized to execute all documents necessary to effect the transfer. PASSED by the City Council of the City of Pasco this day of 2008. Joyce Olson, Mayor ATTEST: Sandy Kenworthy, Deputy City Clerk APPROVED AS TO FORM: Lee Kerr, City Attorney i rill rr � r• kai • `its ._ .. �tr: '''' ..i• '- - 'Y r 1 4 f r M f i• FRANKLIN COUNTY i.,� or BOARD OF COMMISSIONERS S2i NEVA J.CORKRUM ROBERT E.KOCH RICK MILLER DISTRICT 1 DISTRICT l DISTRICT 3 Fred H. Bowen Patricia L. Shults Rosie H. Rumsey PAS County Administrator Executive Secretary Human Resources Director RE C1T-yp ALL 2008 ClTy MANN October 1, 2008 OF�FlCE ER S Mr. Gary Crutchfield. City Manager City of Pasco 525 North 3'd Avenue Pasco, WA 99301 Re: Relinquishment of Remainder, Franklin County, WA, Department of the Army Public Park and Recreation Lease No. W912EF-1-04-12, McNary Project Dear Gary: Enclosed please find a copy of correspondence from Paul Shampine, Realty Specialist, Department of the Army, same subject. We respectfully request the City's acceptance of the transfer for leasing Wade Park, Lease Number W912EF-1-04-12. Sincerely, BOARD OF COUNTY COMMISSIONERS FRANKLIN COUNTY, WASHINGTON lq,tl-leel� Robert E. Koch, Chairman Rick M' , Chairman Pro Tem Neva J. Cor , Mem er cc: Public Works Paul Shampine 1016 North 4'h Avenue,Pasco,Washington 99301-37061 Phone(509)545-3535(Fax(509)545-35731 web site www.co.franklin.wa.us qq DEPARTMENT OF THE ARMY WALLA WALLA DISTRICT,CORPS OF ENGINEERS CJ,Jcf J �`e�c 201 NORTH THIRD AVENUE l WALLA WALLA WA 99362-4876 CC a REPLY TO ATTENTION OF September 22, 2008 Real Estate Division Subject: Relinquishment of Remainder, Franklin County, WA, Department of the Army Public Park and Recreation Lease No. W912EF-1-04-12, McNary Project Board of County Commissioners Franklin County Courthouse 1016 N. 4th Avenue Pasco, WA 99301 Dear Commissioners: On September 16, 2008, we received a copy of the September 9, 2007, Franklin County Public Works Department letter to Apollo, Inc., acknowledging the completion of the Erwen Trust Boating Access Project at Road 544 in Pasco, WA. We assume that the letter should have been dated September 9, 2008. Please see enclosure 1. The January 23, 2006, letter from the Board of County Commissioners (the Board) to Mr. Richard Carlton, Chief, Real Estate Division, states that "Upon completion (of the project), said lease will be transferred to the City of Pasco." Please see enclosure 2. If the Board of County Commissioners wishes to follow through with the referenced formal transfer, a letter stating the Board's intent should be submitted to the City of Pasco (the City) requesting the City's acceptance of the transfer. The City should be asked to provide us with a copy of their acceptance of the transfer as well as a copy of the Board's letter. The City's letter should be addressed to Jana L. Brinlee, Chief, Real Estate Division, 201 North Third Avenue, Walla Walla, Washington 99362-1876. If you have any questions, please call me at 509-527-7324. 1 can also be contacted by e-mail at Paul.S.Shampine @usace.army.mil. Sincerely, Paul Shampine Realty Specialist Enclosures Neva J. Corl-rum Fred H. Bowen District 1 County Administrator Robert E. Koch " �,',• — -- District 2 x ' Rasie H. Rumsey Human Resources Director Frank H. Brock �a° r x District 3 er� � Patricia L. Shults . Executive Secretary Board of County Commissioners F-RANIKLIN COUNTY D 'ved 1 January 23, 2006 f. Real Este" U.S. Army Corps of Engineer Walla Walla District - -- 201 North Third Ave. . P&C = -- Walla Walla, WA 99362-1876 Pro e F163 Attn: Richard Carlton Chief, Real Estate Division Subject: Lease No. W912EF-1-04-12 Extension of Wade Park Lease Dear Mr. Carlton: We were recently informed that we were successful in receiving a Washington Interagency Committee for Outdoor(IAC) Recreation grant funding for boat launch improvements at Road 54, located in Wade Park. We must have a current lease in order for us to exercise an agreement with IAC. The City of Pasco has agreed to commit resources to maintain Wade Park for us until the improvements are completed. Upon completion, said lease will be transferred to the City of Pasco. Our letter dated September 1, 2004 gave formal notice to relinquish Lease No. W912EF-1-04-12 effective September 1, 2005 and was extended for Chiawana and Wade Park to December 31, 2005 by letter dated July 25, 2005. Therefore, please consider this our formal request to continue leasing the Wade Park area under Lease No. W912EF-1-04-12 until such time as the Road 54 Boat Launch is completed. 1016 North Fourth Avenue, Pasco,Washington 99301 -Phone (509) 545-3535 - Fax(509) 545-3573—web site www.co.franklin.wa.us U.S. Army Corps of Engineer January 23, 2006 Page Two Enclosed is a map of the area. Also enclosed is a copy of a letter of agreement signed by the City of Pasco and the Franklin County Commissioners. We look forward to hearing from you in regards to this issue. Please feel free to contact Tim Fife, 3416 Stearman Avenue, Pasco, WAS 99301, (509) 545-3514 should you have any questions. Sincerely, BOARD OF COUNTY COMMISSIONERS F IN COUNTY, WASH GTON N a J. Cor hair Ro ert E. koch, Chair Pro Tem ABSENT Frank H. Brock, Member cc: Engineer Tim Fife Prosecutor Steve Lowe Chief Civil Deputy Prosecutor Ryan Verhulp File/LB CITY MANAGER (509) 545-3404 / Fax (509) 545-3403 l;, P.O.Box 293 (525 North 3rd Avenue) Pasco,Washington 99301 January 18, 2006 Franklin County Commissioners 1016 N. 4`t' Pasco WA 99301 Re: Road 54 Boat Launch/Wade Park Lease Dear Commissioners: We recently reviewed(with Corps of Engineers real estate personnel and Tim Fife, County Engineer) the dilemma created by the County's termination of its lease with the Army for rivershore properties and the requirements of the Washington Interagency Committee for Outdoor Recreation (IAC)regarding funding for the Road 54 boat launch. In the interest of demonstrating acceptable control of the boat launch project property by February 15, 2006 (as required by the IAC grant), Corps personnel advised that it would be simpler at this point in time for the County to withdraw its lease termination for the subject property than to have the lease assumed by the City. Therefore, in the interest of fulfilling the _grant requirements for the project, the City and County have agreed as follows: • The County will withdraw its notice to terminate the lease with the Corps of Engineers for the Wade Park area (Road 39 to Road 54), including the site of the boat launch, until the boat launch project is completed. The County will continue to manage the IAC grant and the improvement project through completion. The County will continue to provide general management of the park and the bike/pedestrian trail on the property until the project is completed. • The City agrees to assume the lease responsibility for Wade Park,including the new boat launch, upon completion of the improvement project. The City will continue to maintain the turf and the irrigation system on the property until it assumes the lease. In addition, the City will also assume responsibility for the payment of electric costs (pumping), garbage collection and portable toilets for the park area beginning in 2006. • Upon completion of the boat launch project the County will initiate transfer of the Erwen property (which was purchased with IAC funding)to the City to manage and continue development in conformance with the conditions of the purchase grant. Franklin County Commissioners January 18, 2006 RE: Road 54 Boat Launch/Wade,Park Lease Page 2 The City appreciates the cooperative spirit that has allowed this project to move forward as we maximize our efforts to serve the citizens and provide new facilities for their use. Please sign below indicating the County's agreement to this understanding. Sinc , y chf ld ity Manager GC/S S/tlz Franklin County Commissioners: ABSENT Frank Brock,C-h:ar" Neva rkrum � Robert Koch AGENDA REPORT NO. 26 FOR: City Council October 21, 2008 TO: Gary Crutchfie �Manager FROM: Robert J. Albe s,4 Works Director Workshop Mtg.: 10/27/08 Regular Mtg.: 11/03/08 SUBJECT: Prequalification Requirements I. REFERENCE(S): 1. Ordinance II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 10127: Discussion 11103: MOTION: I move to adopt Ordinance No. , establishing contractor prequalification requirements, and further authorize publication by summary only. III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: A) On December 18, 2000, Council approved Ordinance No. 3455 establishing contractor prequalification requirements for road and utility infrastructure projects which would belong to the City. The State Legislature in 2007 and 2008 passed new laws requiring all cities to scrutinize the qualifications of potential bidders on all municipal projects. The new laws are to be adopted by the City. V. DISCUSSION: A) The proposed Ordinance reflects the new legal requirements to scrutinize the eligibility of a contractor to bid a project (14.10.010) and retains the prequalification requirements for Public Works Projects established in Ordinance No. 3455 (14.10.020). Since the City does not provide full time inspections on most projects, assuring a bidder is qualified to perform the work has been a priority. Evidentally state wide, issues have arisen that compelled the Legislator to mandate requirements. The new requirements have little impact on how the City evaluates the eligibility of a contractor. 4(d) ORDINANCE NO. AN ORDINANCE of the City of Pasco, Washington, amending Chapter 1410 "Qualification for Public Works Construction" of the Pasco Municipal Code WHEREAS, due to the potential widespread affect of public works construction on the quality of life to the citizens of the City, it is necessary to insure that the bidders for such projects have demonstrated they are responsible bidders, prepared, and qualified to perform these essential services; and WHEREAS, the City has since 2000 by the enactment of Ordinance No. 3455, recognized that the integrity of the utility services necessary to provide for the health of its citizens is dependent upon the quality of the installation and construction of the elements of those systems and has maintained qualification requirements for contractors performing public works construction; and WHEREAS, the Washington legislature has, likewise, recognized the need to establish bidder responsibility criteria to be utilized by municipalities in the selection of responsible bidders through the bidding process; and WHEREAS, for the purpose of implementing this additional statutory criteria to those procedures utilized by the City to determine bidder responsibility, and to insure the high level of qualifications necessary for the construction of critical public works projects involving the infrastructure of the City; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. That Chapter 14.10 entitled"Qualification for Public Works Construction" of the Pasco Municipal Code shall be and hereby is amended and shall read as follows: 14_.10.010 BIDDER RESPONSIBILTY AND QUALIFICATION FOR PUBLIC WORKS CONSTRUCTION. A) Before award of a public works contract, a bidder must meet the following responsibility criteria to be considered a responsible bidder eligible to be awarded a public works contract. The bidder must: 1 At the time of the bid submittal have a certificate of contractor registration in compliance with Cha ter 18.27 RCW. 2 Have a_current state unified business identifier number. 3 If i!pplicable, have industrial insurance coverage for the bidder's employees working in Washington as r uired by Title 51 RCW; an Mployment secgdt department number as required by Title 50 RCW; and a state excise tax re istration number as required by Title 82 RCW. 4 Not be disqualified from bidding on any public works contract under RCW 39.06.010 or RCW 39.12.065 (3). Bj_ Upon determination by the Public Works Director that unique or specialized skills are necessary for the construction of a public works project in compliance with the specifications and standards for such project as adopted by the City, additional supplemental bidding criteria may be required for determination of a responsible bidder for that project. Such supplemental criteria shall: 1) Demonstrate successful experience of at least two public works projects of the same nature and cost within the prior five(5) years. 2) Successfully completed a public works project of the same nature and character of the proposed project including, but not limited, to similar size and quantities, occupancy, staged-construction, continued use or accessibility_ during construction, or specialized construction techniques or processes 3) Demonstrate sufficient financial capacity to fulfill the contract. 4) Supplemental criteria, the basis for evaluation, and appeal periods shall be provided in the invitation to bid or bidding documents. 5) If the bidder fails to supply information requested concerning the responsibility within the time and manner specified in the bid documents, the City may base its determination of responsibility upon any available information related to the supplemental criteria, or may find the bidder not responsible. 6) In the.event the City determines the bidder not to be responsible, the City must provide in writing the reasons for the determination and provide the bidder an administrative appeal of the determination within the period specified within the bidding documents. 14.10.04-20 PURPOSE PREQUALIFICATION. A) It has been determined that the infrastructure improvements of the essential services providing g ransportational access, water, irrigation, storm water and sewer utilities, requires sufficient qualifications to provide for the health safety and welfare of the citizens of the City. Every person or entity hereafter- efr-a to- Cent--ac4o shall, to °-f LVL VLLILVL 3 V1V11 Vll , intending to bid and perform any construction, modification, extension or improvement affecting directly or indirectly any City utility or street infrastructure elements, including, but not limited to, streets, sidewalks, structures, sewer lines, water lines, storm drainage lines, irrigation lines, or appurtenances thereto, either by public works contract or by private development, shall demenstfate to the satisfaetion of !he Git pregualify for the performance of such work demonstratin that they possess the financial and technical ability, resources and experience to perform the work in accordance with the standards and specifications adopted by the City. Public works proposal form shall only be issued to prequalified contractors Ordinance Amending Chapter 14.102 Page 2 Contractors may ualif for public works contracts baying an estimated contract price of less than $200,000 by submission of a limited prequalification questionnaire (short form) with at least two (2) years demonstrated experience; and/or public works contract having an estimated cost in excess of$200,000 by submission of the prequalification cuestionnaire (long form). The applicant may apply for prequalification in any or all of the following_project categories: 1 Clearing, bbin adin and drainage. 2) Production and placing of crushed materials. 3) Bituminous surface treatment. 4) Asphalt concrete paving. 5) Cement concrete paving. 6) Street striping. 7) Traffic signals. 8) Street lights. 9) Water pipeline(up to 12 inches). 10) Water pipeline(greater than 12 inches). 11) Storm water facilities. 12) Sewer pipeline (12 foot and shallower). 13) Sewer pipeline eater than 12 feet in depth). 14) Sidewalks/curb and ug_tter. 15) Landscaping parks/irrigation. 16 Pump stations. B) The City shall determine if the ,.e t..,,,ter-'„ eligibility and qualifiruatien as fespensible bidde. upon consideration of Ordinance Amending Chapter 14.103 Page 3 Aj) The documented ability, capacity and skill of the contractor of at least two public works Projects of similar size, nature and cost within the Preceding five (5) year period. The criteria for determination of lack of necessary experience, organization, of technical qualifications shall be those identified in WAC 468-16-070. B2) Whether the contractor can perform promptly or within the time specified without delay or interference. The criteria for determining the inability to comply with the performance schedule shall be as established by WAC 468-16-060. E3) Their The contractor's reputation, experience, and efficiency of the Eimer in performance and completion of similar public works projects. D4) The demonstrated quality of performance of previous public works projects by the contractor. The criteria for determination of unsatisfactory work performance shall be those indentified in WAC 468-16-040. E5) The previous and existing compliances by the contractor with laws and ordinances relating to the contracts or services to be provided in the public works contract. lib) The demonstrated sufficiency of the financial resources and ability of the to perform the contract which shall require a verified net worth of not less than the estimated cost of the public works project when multiplied by a factor of five. 7) Adequate bonding, and bonding history to demonstrate continuous uninterrupted bonding capacity. (38) The ability of the contractor to provide future maintenance and service for the work performed. and 9 Satisfaction of all bidder responsibility requirements under PMC 14.10.010 (A-1).above. #LO) Such other reasonable information as bears on integrity, judgment and skills of the contractor. The criteria for determination of an unsatisfactory record of integrit _orjudgment shall be based upon WAC 468-16-050. (Ord. 3455 Sec. 1, 2000.) 14.10.0230 APPLICATION REQUIRED. The City shall, prior to furnishing any contractor desiring to bid upon any work affecting any City utility or street infrastructure element or for which a call for bid proposals has been published, with a contract proposal form, or any required application affecting the City utility services, except permits required under Title 12 of this Code for minor street or sidewalk construction or modification, require from the contractor answers to questions contained in the standard from questionnaire and financial statement which shall include a complete statement of financial ability and experience of the contractor to perform work affecting the City utility infrastructure elements or other public works. The questionnaire and financial statement shall contain a statement verified by the applicant that the Ordinance Amending Chapter 14.104 Page 4 information contained thereon is truthful and accurate. Whenever the City is not satisfied with the sufficiency of the answers contained in the questionnaire and financial statement or whenever the City determines that the contractor does not meet all of the requirements set forth in this section, it may refuse to furnish a contractor with a contract proposal form or reject any bid proposal submitted by the contractor, or deny any application effecting City utility or street infrastructure elements. Proof of current eligibility for bidding projects of the Washington State Department of Transportation, pursuant to RCW 47.28.070, may be accepted by the City as compliance with this section. The City shall promptly determine and maintain a list of the responsible contractors eligible to perform services governed by this Chapter. be submitted by eentraeter-s annuaily at siaeh time that the City y quires Prequalif cation applications shall be reviewed every year and renewed every three (3) years with all information bein updated including financial information, contract experience, bonding, and claims. (Ord. 3455 Sec. 1, 2000.) 14.10.0-340 FINANCIAL INFORMATION NOT OPEN TO PUBLIC INSPECTION. The City shall not be required to make available for public inspection and copying financial information supplied by the contractor for the purpose of qualifying for eligibility under this Chapter as provided in RCW 42.56.270. (Ord. 3455 Sec. 1, 2000.) 14.10.050 REVOCATION OF PREQUALIFICATION STATUS. The Public Works Director, based upon an investigation determining the cause exists, may revoke a_contractor's prgqualification status for any of the following causes: A) Unsatisfactory record of integrity and judgment consisting of those deficiencies as defined in WAC 468-16-050. B) Intentional falsification or unauthorized destruction of related records. C) Default on a contract within three (3) years prior to the date of application for prgqualification. D) Bankruptcy or insolvency. E) Breach of contract. F) Revocation, suspension or impairment of any required bond. The Public Works Director shall provide to the contractor written notice of revocation of pre qualification eligibility which shall state the effective date of the revocation and contractor's right of appeal as provided in this Chapter. 14.10.0460 APPEAL. The City's detefmination of eligibility all be eeflelusive unless appoe—Al is made withiii ten (10) days of the date ef detefmination by the City to An�r person or_entity aggrieved by the determination of the Public Works Director regardiniz bidder reVonsibility and qualification as provided in PMC 14.10.010 and prequalification as provided in PMC 14.10.020 may within ten (10) days of the date of the written notice of denial of qualification or revocation of qualification, file a written Ordinance Amending Chapter 14.105 Page 5 request for an administrative appeal before the City Manager,or his designee. An administrative appeal hearing shall be held before the City Manager, or his designee, within ten 10 days of the date of the_apueal and a determination shall be issued by the City Manager, or his designee, within five (5) days of the date of the hearing. The City Manager, or his designee's, determination of eligibility shall be conclusive unless appeal therefrom is made within ten (10) days of the date of determination to the Franklin Count�Superior Court to be heard on the record pursuant to RCW 36.70C.020. (Ord. 3455 Sec. 1, 2000.) PASSED by the City Council of the City of Pasco, Washington, and approved as provided by law this day of , 2008. Joyce Olson Mayor ATTEST: APPROVED AS TO FORM: Debbie Clark Leland B. Kerr City Clerk City Attorney Ordinance Amending Chapter 14.106 Page 6 AGENDA REPORT TO: City Council October 22, 2008 FROM: Gary Crutchfi ty Manager Workshop Mtg.: 10/27/08 SUBJECT: City Council 'stricts I. REFERENCE(S): 1. PMC Chapter 1.10 "Voting Districts" 2. Table, Population and Registered Voters, by Precinct 3. Map, Five District Option B 4. Map, Five District Option C 5. Map,Five District Option D II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 10127: Discussion 11I. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: A) PMC Chapter 1.10 provides that five of the seven City Council positions be filled by citizens residing in the respective district. The Ordinance was established in 1971 in an effort to assure geographic representation and, in particular, to assure an opportunity for ethnic representation on the City Council. As a precaution (to assure "equal representation", as required under the constitution), the Ordinance further requires that no district may be more than 10% greater or smaller than another district("10%rule"). B) Given ordinary community growth rates, City Council districts were revised once every 10 years, following the decennial federal census. With the rapid growth of Pasco over the past eight years, however, the district boundaries have required adjustment every two years in order to comply with the "10% rule." The last effort (2007) illustrated that the ability to comply with the 10% rule with five districts is becoming so difficult as to be improbable without starting over entirely (the existing composition of districts is so bound by precincts and current Council residency, that it becomes improbable to define an effective change without displacing a current City Councilmember). C) The City Council has discussed this subject at its September 8 and 22 workshop meetings as well as October 10, including review of three options for a five-district system and three options for a three-district system. Council direction at the conclusion of the October 10 discussion requested staff prepare the options to adjust the current five-district option for further Council discussion on October 27. V. DISCUSSION: A) Staff has identified three variations of the five districts which would comply with the 10% rule. Option B reflects the least amount of change (two precincts), resulting in a 9% variation. Option C reflects change of eight precincts and a variation of 7%. Option D reflects change of 11 precincts and a variation of 7%. B) Of the three options, Option D best reflects fulfillment of the statutory criteria for districts (compactness, community of interest, significant boundaries, etc.). Option D results in all of District 5 being south of the I-182 freeway and eliminates the current split of Loviisa Farms neighborhood into two City Council districts (Districts 4 and 5). It also makes District 2 more compact and results in District 4 being nearly entirely north of I-182 freeway. District 3 is elongated (stretching from Fourth Avenue to Road 68), but is unavoidably so in each of the options. C) Regardless of which option Council prefers, PMC Chapter 1.10 requires amendment to formally adjust the boundaries to reflect the preferred option. State law requires that a public hearing be conducted on any such plan at least a week prior to formal action by the City Council. Thus, staff recommends Council select the preferred option and public hearing date on November 3 and conduct the hearing on November 17 and formally adopt the amendment on December 1 (this schedule reflects the general consensus of Council at the October 10 workshop meeting). 4{e} CHAPTER 1.10 VOTING DISTRICTS Sections: 1.10.010 NUMBER OF DIVISIONS - EQUAL POPULATION IN EACH................. 14 1.10.020 DISTRICT ONE............................................................................. 14 1.10.030 DISTRICT TWO............................................................................ 14 1.10.040 DISTRICT THREE. ........................................................................ 14 1.10.050 DISTRICT FOUR........................................................................... 15 1.10.060 DISTRICT FIVE. ........................................................................... 15 1.10.070 ELECTION OF COUNCILMEN COUNCILMAN-AT-LARGE. ................... 15 1.10.080 COUNCILMEN - RESIDENTIAL REQUIREMENT REMOVAL................. 15 1.10.090 RE-ESTABLISHMENT OF DISTRICT BOUNDARIES. .......................... 16 1.10.100 ANNEXATION............................................................................... 16 1.10.110 RECALL PETITIONS...................................................................... 16 1.10.120 FILLING VACANCIES..................................................................... 16 1.10.130 VOTING PRECINCTS..................................................................... 16 1.10.010 NUMBER OF DIVISIONS - EQUAL POPULATION IN EACH. The City is divided into five voting districts. Each district shall be as nearly equal in population as possible; compact as possible; consist of geographically contiguous area; be configured as to not favor or disfavor any racial group or political party; and to the extent feasible, coincide with the existing recognized natural boundaries so as to preserve existing communities of related and mutual interest. (Ord. 3472 Sec. 1, 2001; Ord. 1472 Sec. 1, 1971.) 1.10.020 DISTRICT ONE. Voting district one shall encompass the area within the City of Pasco comprised of precinct numbers one, two, six and fifty, as those precincts are described on the maps and property descriptions on file with the Auditor of Franklin County. (Ord. 3832, 2007; Ord. 3724 Sec. 1, 2005; Ord. 3625 Sec. 1, 2003; Ord, 3476 Sec. 1, 2001; Ord. 3240 Sec. 1, 1997; Ord. 2943, Sec. 1, 1993; Ord. 2824 Sec.'1, 1991; Ord. 1871 Sec. 1 (part), 1977.) 1.10.030 DISTRICT TWO. Voting district two shall encompass the area within the City of Pasco comprised of precinct numbers three, nine, twelve, thirteen, fifteen, sixteen, seventeen, eighteen, nineteen, twenty, twenty-one, twenty-four and twenty- five as those precincts are described on the maps and property descriptions on file with the Auditor of Franklin County. (Ord. 3832, 2007; Ord. 3724 Sec. 2, 2005; Ord. 3625 Sec. 2, 2003; Ord. 3476 Sec. 2, 2001; Ord. 3240 Sec. 1, 1997; Ord. 2943, Sec. 2, 1993; Ord. 1871 Sec. 1 (part), 1977.) 1.10.040 DISTRICT THREE. Voting district three shall encompass the area within the City of Pasco comprised of precinct numbers four, five, seven, eight, ten, eleven, forty-four, forty-seven, forty-eight, forty-nine and fifty-two, as those precincts PMC Title 1 9/2/2008 14 are described by the maps and property descriptions on file with the Auditor of Franklin County. (Ord. 3832, 2007; Ord. 3724 Sec. 3, 2005; Ord. 3625 Sec. 3, 2003; Ord, 3476 Sec. 3, 2001; Ord. 3240 Sec. 1, 1997; Ord. 2284, Sec. 1, 1981; Ord. 1871 Sec. 1 (part), 1977.) 1.10.050 DISTRICT FOUR. Voting district four shall encompass the area within the City of Pasco comprised of precinct numbers thirty-four, thirty-five, thirty-six, thirty- eight, thirty-nine, forty, forty-one, forty-two, forty-three, forty-five and forty-six, as those precincts are described on the maps and property descriptions on file with the Auditor of Franklin County. (Ord. 3832, 2007; Ord. 3724 Sec. 4, 2005; Ord. 3625 Sec. 4, 2003; Ord. 3476 Sec. 4, 2001; Ord. 3240 Sec. 1, 1997; Ord. 2824 Sec. 2, 1991; Ord. 2365 Sec. 1, 1982; Ord. 1871 Sec. 1 (part), 1977.) 1.10.060 DISTRICT FIVE. Voting district five shall encompass the area within the City of Pasco comprised of precinct numbers fourteen, twenty-two, twenty-three, twenty-six, twenty-seven, twenty-eight, twenty-nine, thirty, thirty-one, thirty-two; thirty-three, and thirty-seven, as those precincts are described on the maps and property descriptions on file with the Auditor of Franklin County. (Ord. 3832, 2007; Ord. 3724 Sec. 5, 2005; Ord. 3625 Sec. 5, 2003; Ord. 3479 Sec. 1, 2001; Ord. 3476 Sec. 5, 2001; Ord. 3365 Sec. 1, 1999; Ord. 3240 Sec. 1, 1997; Ord. 2824 Sec. 3, 1991; Ord. 2365 Sec. 2, 1982; Ord. 2284 Sec. 2, 1981; Ord. 1871 Sec. 1 (part), 1977.) 1.10.070 ELECTION OF COUNCILMEN COUNCILMAN-AT-LARGE. The qualified electors of each voting district, and they only, shall nominate from among their number candidates for the office of councilman of such voting district to be voted for at the following general election. Such candidates shall be nominated in the same manner as other candidates at the primary election held on the third Tuesday of September preceding a general election. In addition, two councilmen, designated councilmen-at- large, shall be nominated in a similar manner. One of the councilman-at-large positions shall be designated as council position number one. The City Clerk, not fewer than ten days prior to the time for filing declarations of candidacy in the next councilman election, shall designate, by consecutive numbers, commencing with number two and ending with number seven, all other positions on the council to be nominated by district or to be elected-at-large. The two candidates having the highest vote totals for each council position shall be certified as having been nominated and shall run for that position in the general election. Councilmen shall be elected by all of the qualified voters of the City and the person receiving the highest number of votes for the office of councilman for the position for which he is a candidate shall be declared duly elected. (Ord. 1955 Sec. 1, 1978; Ord. 1472 Sec. 7, 1971.) 1.10.080 COUNCILMEN - RESIDENTIAL REQUIREMENT REMOVAL. Councilmen elected from districts shall be residents of the district from which they are elected. Removal of a councilman from the district from which he was elected shall create a vacancy in that office; provided, that no change in the boundaries of districts shall PMC Title 1 9/2/2008 15 affect the term of any councilman, but he shall serve out his term in the district of his residence at the time of his election. (Ord. 1873 Sec. 1, 1977; Ord. 1472 Sec. 8, 1971.) 1.10.090 RE-ESTABLISHMENT OF DISTRICT BOUNDARIES. The Council shall re-establish district boundaries whenever the population in any district exceeds by ten percent or more the population in any other district; provided, that no change in the boundaries of any district shall be made within sixty days next before the date of a general municipal election, nor within twelve months after the districts have been established or altered. (Ord. 3476 Sec. 6, 2001; Ord. 1472 Sec. 9, 1971.) 1.10.100 ANNEXATION. When additional territory is added to the City, it may, by act of the City Council, be annexed to contiguous districts or attached to any other district as the Council may determine without affecting the right to re-district at the expiration of twelve months after the last previous division. (Ord. 3476 Sec. 7, 2001; Ord. 1472 Sec. 10, 1971.) 1.10.110 RECALL PETITIONS. Any registered voter shall be eligible to sign a petition for the recall of any councilman. (Ord. 1472 Sec. 11, 1971.) 1.10.120 FILLING VACANCIES. If a vacancy in the Council occurs or if a district office is not filled by the election process, the remaining members of the City Council shall appoint a person to fill such office until the next regular general municipal election, at which time a person shall be elected to serve for the remainder of the unexpired term. Persons appointed to fill district offices shall be the residents of that district. (Ord. 1472 Sec. 12, 1971.) 1.10.130 VOTING PRECINCTS. Voting precincts within the five districts shall be established by the City Manager or under his direction and shall be submitted to the County Commissioners, Franklin County, for approval. No voting precinct shall be located in more than one district. (Ord. 1472 Sec, 13, 1971.) PMC Title 1 9/2/2008 16 Estimated Population and Registered Voters by Precinct OFM Total PRECINCT Adjusted 2008 Registered Population Voters Estimate 1 1,937 513 2 1 2,395 309 3 1,472 215 4 1,859 301 5 872 188 6 2,185 345 7 1,187 241 8 480 274 9 454 100 10 1,310 444 11 2,044 565 12 2,686 325 13 1,235 221 14 902 357 15 403 177 16 173 78 17 242 184 18 158 116 19 247 154 20 214 115 21 429 138 22 424 217 23 933 553 24 989 219 25 1,231 226 26 291 154 27 412 297 28 471 321 29 504 255 30 195 147 31 678 415 32 1,222 502 33 861 349 34 889 281 35 1,173 334 36 1,515 635 37 3,306 511 38 1,881 530 39 I 537 132 40 1,139 355 41 877 333 42 887 378 43 1,220 281 44 606 219 45 562 193 46 670 539 47 568 191 48 879 321 49 413 340 50 3,826 312 52 247 122 52,290 15,022 Printed 10/9/2008 PopEst 09-22-08 Options ABCDX.xIs Page 1 of 1 at 5:10 PM #�• tµh;} IWI of My • r y i . :. , i � nS r -'::...;w. ..... •„ '•� - .Ark-' 'ER Tw cia ' �� ' ?%-;� 5��'.. *�F i�ii;:ta+ ma=y j€'•w..; � Ys • 4J i Z4;.r hr • a= _I v.. 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