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HomeMy WebLinkAbout2010.08.23 Council Workshop Packet AGENDA PASCO CITY COUNCIL Workshop Meeting 7:00 p.m. August 23,2010 1. CALL TO ORDER 2. ROLL CALL: (a) Pledge of Allegiance. 3. VERBAL REPORTS FROM COUNCILMEMBERS: 4. ITEMS FOR DISCUSSION: (a) Investigative Services Division Presentation. (NO WRITTEN MATERIAL ON AGENDA) Presented by Jim Raymond, Police Captain. (b) Capital improvement Plan: 1. Agenda Report from Gary Crutchfield, City Manager dated August 17, 201 0. 2. Proposed Capital improvement Plan 2011-2016 (Council packets only; copy available for review in the City Manager's office, Pasco Library or on the city's website at http.://www.pasco-wa.,g2v/GenerallpfoZf.inanc_eAcc_outi_tiLig). 3. Proposed Resolution. (c) Delayed Street Improvements: 1. Agenda Report from Rick White, Community & Economic Development Director dated August 18, 2010. 2_ Chapter 12.36 Pasco Municipal Code including the proposed new Section(12.36.085). (d) Public Records Requests: 1, Agenda Report from Debbie Clark, City Clerk dated August 18, 2010. 2, Proposed Resolution. (e) Standard Specifications Ordinance: 1. Agenda Report from Michael McShane, City Engineer dated August 18, 2010. 2. Ordinance. (f) Lodging Tax Advisory Committee Appointments: 1. Agenda Report from Gary Crutchfield, City Manager dated August 16, 2010, 2. Resolution No, 2314. (g) Bargaining Contract for Non-Uniformed Police Employees: 1. Agenda Report from Lynne Jackson, Human Resources Manager dated August 18, 2010. 2. Proposed Collective Bargaining Agreement (Council packets only; copy available for public review in the Human Resource office, the Pasco Library or on the city's webpage at tt ,lwwwpasco-wa. oy/weba )/cityco_ cilu r. erts). 5. OTHER ITEMS FOR DISCUSSION: (a) (b) (c) 6. EXECUTIVE SESSION: (a) (b) (c) 7. ADJOURNMENT Workshop Meeting 2 August 23,2010 REMINDERS: 1. 4'00 p.m., Monday, August 23, Port of Benton — Hanford Area Economic investment Fund Committee Meeting. (COUNCILMEMBER AL YENNEY,Rep.; SAUL MAR'TfNEZ, Alt.) 2. 7:30 a.m., Thursday, August 26, 7130 W. Grandridge Blvd—Tri-Cities Visitor& Convention Bureau Board Meeting. (COUNCILMEMBER MIKE GARRISON, Rep.; TOM LARSEN,Alt.) 3. 4:00 p.m., Thursday, August 26, 7130 W. Grandridge Blvd — TRIDEC Board Meeting. (COUNCILMEMBER MIKE GARRISON, Rep.; TOM LARSEN, Alt.) 4. 5:30 p.m., Thursday, August 26, 710 W. Court Street — Benton-Franklin Community Action Committee Meeting. (COUNCILMEMBER AL YENNEY,Rep.; REBECCA FRANCIK, Alt.) 5. 10:00 a.m., Friday, August 27, Sacajawea State Park Confluence Project Dedication Ceremony. (MAYOR PRO-TEM REBECCA FRANCIK). 6. 12:00 p.m., Wednesday, September 1, 2601 N. Capitol Avenue — Franklin County Mosquito Control District Board Meeting. (COUNCILMEMBER BOB HOFFMANN, Rep.; AL YENNEY,Alt.) 7. 5,30 p.m., Thursday, September 2, Parks & Rec. Classroom — Parks & Recreation Advisory Council Meeting. (COUNCILMEMBER SAUL MARTINEZ,Rep.;MIKE GARRISON, Alt.) The next City Council meeting will be held Tuesday, September 7, 2010 AGENDA REPORT TO: City Counci August 17, 2010 FROM: Gary Crutch li Manager Workshop Mtg.: 8/23/10 Regular Mtg.: 9/7/10 SUBJECT: Capital Improvement Plan I. REFERENCE(S); 1. Proposed Capital Improvement Plan 2011-2016 (Council packets only; copy available for review in the City Manager's office, Pasco Library or on the city's website at httl2://www.pasco-wa.gov/Gencrallnfo/FinanceAccountin ). 2. Proposed Resolution II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 8/23: Discussion 9/7: MOTION: I move to approve Resolution No. , adopting the Capital Improvement Plan for fiscal years 2011-2016. III. FISCAL IMPACT: IV. HISTORY AND FACTS: A) The annual Capital Improvement Plan (CIP) for 2011-2016 was presented to Council for discussion at the August 9 workshop meeting. V. DISCUSSION: A) Some changes have been made to the proposed plan by staff subsequent to the August 9 discussion, as follows: • Deleted door replacement at the Multi-Modal Facility (prior page 17). At $40,000, this project is not large enough to merit inclusion in the CIP ($50,000 threshold typically); it will be included in the city's operating budget. • Senior Center kitchen (page 19). This project has been postponed in the plan from 2011 to 2012 to work out project need details. • The proposed park at Linda Loviisa Subdivisions (page 22) has been moved to 2011 construction from 2012 to level out the construction workload and respond to the pace of development. • The BNSF sewer project (page 34) has been moved to 2016 (from 2014) pending a timing decision by the railroad and so as to not unduly affect rate setting analyses. B) Staff recommends that council identify any substantive changes it desires and schedule formal Council approval of the Capital Improvement Plan at the September 7 business meeting, so that the CIP is in place to guide staff in preparation of the annual budget this fall. 4(b) RESOLUTION NO. A RESOLUTION Approving the Capital Improvement Plan for Calendar Ycars 2011-2016. WHEREAS, staff has prepared the Capital Improvement Plan which defines the capital projects proposed to be undertaken by the City over the ensuing six years;and WHEREAS, on August 9 and August 23, 2010 the Capital Improvement Plan was presented to the City Council for review and prioritization; NOW,THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO RESOLVE AS FOLLOWS: Section 1. That the Pasco City Council hereby approves the Capital Improvement Plan for calendar years 2011-2016 as the City's list of capital projects proposed to be undertaken by the City over the coming six years, with the understanding that implementation of any project listed in the Capital Improvement Plan is subject to budget appropriation. PASSED by the City Council of the City of Pasco at its regular meeting this 7th day of September, 2010. Matt Watkins Mayor ATTEST: APPROVED AS TO FORM: Debra Clark Leland B. Kerr City Clerk City Attorney AGENDA REPORT FOR: City Council August 18,2010 TO: Gary Crutchfield, City r Workshop Mtg.: 8/23/10 FROM: Rick White, �ti( Community & Economic Development Director SUBJECT: Delayed Street Imf°rov—em. tit I. REFERENCE(S): 1. Chapter 12.36 Pasco Municipal Code including the proposed new section(12.36.085). II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 8123: DISCUSSION Ill. FISCAL INIPACT: NONE IV. HISTORY AND FACTS BRIEF: A. Earlier this year, staff recommended that Crescent Road be improved to city standards and the cost recovered through the use of the latecomer agreement authorized by state law and city ordinance. After considerable deliberation, the City Council determined that improvement of the road was not timely, given the opposition of some of the property owners along the west side of the current deadend roadway and the uncertainty of when the farm circle on the east side of the roadway would be developed (the latecomer agreement would expire in 15 years). B. One owner of property on the west side of the roadway desires to build a single family home. City code requires that the property owner install the share of public improvements necessary to serve the property in conjunction with construction of the home. Although this is normally done through a subdivision (before homes are built), the subject properties were divided in the county without application of those requirements. Consequently, the city must require the improvements in conjunction with the home construction. The cost of extending the street iinprovcment the distance necessary to connect with the existing city-standard improvement (on the north side of the property) is reasonably considered burdensome for a single property owner. Thus, the requirement effectively results in the practical delay of the home construction until such time as the road is improved by the city through some standard financing means (LID or latecomer agreement). V. DISCUSSION: A. The dilemma faced by the owner of the single property on Crescent Road is like that of several others in the community that own parcels lawfully platted under county rule but without the necessary street improvements to meet city standards. Indeed, the problem exists in some of the older plats in the eastern part of the city approved in the early 1900s; back then, lots were drawn out on paper and sold to individuals with absolutely no public improvements in place. A century later, the current owner is unable to build a home on the lot because there is no street or utilities extended to it. B. One option that would relieve the difficulty of the requirement in some cases, would allow the property owner paying its fair share of the estimated cost of the full-width roadway at the time of building pert-nit issuanec and the city assuming the responsibility to pay for that share of the roadway improvement when the road is built in the future. Such an exaction is controlled through State law and there are few opportunities to develop a process that provides a great degree of flexibility. State law and the courts are consistent in generalizing almost all such development exactions as "impact fees" — necessitating their use within 6 years. 4(C) C. After considerable research, it appears that establishing a limited waiver process would provide for situations similar to the Crescent Road example described above. The waiver process would be located in the"Concurrency"Chapter (12.36) of the Pasco Municipal Code, and is narrowly written to provide a possible waiver of immediate street improvements for a dwelling on a previously platted lot where the adjoining street is included in the City's b Year Capital Improvement Plain (CIP). The permittee of the dwelling would pay the appropriate share of the planned street improvements at the time a building permit is issued, and the remainder of the street improvements would be paid for through any number of sources (Arterial Street Fund,traffic impact fees, LID's,Capital Improvement Fund, grants...). D. Council consideration of the CIP occurs yearly. Use of a waiver in this manner may place improvement of a local access street on the CIP— which would require a deliberate decision by Council. In addition, use of the CIP in this fashion would make some projects a "commitment,"rather than a"wish list." E. Staff requests Council consider the proposed, limited waiver provision, as drafted in proposed Section 12.36.085 (attached), CHAPTER 12.36 CONCURRENCY Sections: 12.36.010 PURPOSE ............. ........................................................................... ............38 12.36,020 DEFINITIONS ...............................................................................................38 12.36.030 APPI.JCABII,ITY ..........................................................................................39 12.36.040 EXEMPTIONS...............................................................................................39 12.36.050 CONCURRENCY DEVELOPMENT STANDARDS ..................................40 12.36.060 LEVEL OF SERVICE ESTABLISHED.............................................. 12.36.070 CONCURRENCY REVIEW PROCESS.......................................................40 12.36,080 MINIMUM REQUIREMENTS FOR CONCURRENCY.............................41 12.36.085 WAIVER 41 12.36.090 DETERMINATION OF CONCURRENCY..................................................41 12.36.100 MONITORING CONCURRENCY............................................................—41 12.36.110 SEVERABILITY............................................................................................41 12.36.010 PURPOSE. The purpose of this chapter is to implement the concurrency provisions of the State Growth Management Act as required by RCW 36.70A, 070. The intent of this Chapter is to ensure that the City's transportation and utility systems will be adequate to serve current and future development, without causing the level of service to decline below the standards established in the Comprehensive Plan. 12.36.020 DEFINITIONS. Except as specifically defined in this Chapter or elsewhere in the Pasco Municipal Code, all words shall carry their customary meaning. (1) Adequate — means transportation or utility facilities meet or exceed the City's level of service as established in the Comprehensive Plan and or the Comprehensive water and Sewer Plan. (2) Capacity for Transportation — means the maximum number of vehicles that can be accommodated during a specific travel period at a specific level of service. (3) Capacity lbr Utilities — means the number of equivalent residential units that can he accommodated by the water and sewer system. (4) Completion of Development — means that a certificate of occupancy, or other ibrmal approval has been issued by the city authorizing occupancy and/or the use of a development, (5) Concurrent — means physical improvements or transportation and utility strategies are in place at the completion of development, or the financial commitment is in place to complete the needed improvements or strategies within six years. (6) Development Activities — means any construction or reconstruction that expands a building; platting or any use of real property which requires review, approval and/or permitting by the city. (7) Financial Commitment — means revenue designated in the most currently adopted Transportation Improvement Plan for transportation facilities or the most current adopted Capital Improvement Plan for utility facilities through a six year period or revenue that is assured by an applicant in a form approved by the city. (8) Incidental Residential Permit— means a permit for any activity other than the initial permit for the construction of a single Family dwelling on a lot. (9) Transportation Facility — means arterial, collector and local streets maintained by the city and transit routes operated by the Ben Franklin Transit Authority. (a) Existing transportation facilities — are those facilities in place at the time a concurrency test is applied. (b) Planned transportation facilities — are those facilities identified in the Comprehensive Plan and/or scheduled to be constructed as shown in the Six-year Street 'Improvement Program. (10) Utility Facility— means the water and sewer system maintained by the city. (a) Existing utility facilities — are those facilities in place at the time a concurrency test is applied. (b) Planned utility facilities — are those facilities identified in the Comprehensive Water and Sewer Plan and/or scheduled to be constructed as shown in the Six-year Capital Improvement Program. 12.36.030 APPLICABILITY. This chapter shall be applicable to all development activities except those listed under exemptions in Section 12.36.040. 12.36.040 EXEMPTIONS. Unless otherwise provided, the following development activities shall not require a concurrency evaluation or the payment of a traffic impact fee: Neighborhood parks, boundary line adjustments, tax parcel segregations, final plats, incidental residential permits, sign permits, tenant improvements and remodels that do not result in the expansion of existing buildings. Small developments with 6 lots or less located east of 20th Avenue will be exempt from transportation concurrency (street and sidewalk improvements) provided such development has been granted a wavier approved by the Public Works Director. Said waiver shall be subject to the property owner recording an agreement approved by the Public Works Director specifying a time frame for completion of street and sidewalk improvements and or the agreement to participate in a future local improvement district for the completion of the necessary improvements. 12.36.050 CONCURRENCY DEVELOPMENT STANDARDS, All development activities, exempt or non-exempt, are subject to the following Development Standards: A. STREET IMPROVEMENTS. (1) Right-of-way improvements shall be required at the time adjoining property is developed and shall be required on all property. As a minimum, a three- quarter (3/4) street standard will be required if the property being developed only fronts on one side of the street. (2) Adequate and proper right-of-way improvements shall include curb, gutter, sidewalk, illumination, traffic control devices, drainage control, engineered road bases, asphalt driving and parking lanes, and monumentation. All such improvements shall be approved by the City prior to construction and acceptance. The three-quarter (3/4) street standard shall include curb, gutter, and sidewalk on the developed side and a minimum of two complete traffic lanes. (3) The developer of real property shall be responsible for installing the required improvements within the respective half of right-of-way width abutting the real property being developed, provided such improvements consist of at least two (2) traffic lanes. (4) Minimum sidewalk widths, not including the six-inch curb, shall not be less than the following; (1) Residential Zones— four and a half(4.5) feet; (2) Commercial Zones—six and a half(6,5) feet, (5) Curbs, gutters, sidewalks and street lights are not required in RS-12 or RS-20 residential zones, but may be installed at the option of the developer. B. UTILITY IMPROVEMENTS. Water and sewer improvements shall be required at the time adjoining property is developed and shall be required on all property. Water and sewer utilities shall be extended through the length of the property being developed. The design and construction of water and sewer utilities shall conform to the construction standards as prepared by the City Engineer. 12.36.060 LEVEL OF SERVICE ESTABLISHED. The Level of Service for Transportation and Utility Facilities adopted in the Comprehensive Plan is hereby established as a guide for concurrency reviews. 12.36.070 CONCURRENCY REVIEW PROCESS. A concurrency review shall be required for all development activity as noted in Section 12.36.030 and for all subdivision proposals. No separate application shall be required. The concurrency review shall be included as a part of the City's standard Development Review Process or preliminary plat review process. In order for a development proposal to be considered for concurrency review, applications for building permits must contain all site plans, civil plans and permit data required under the building permit application process, All applications for subdivision, including short plats and binding site plans, approval must contain the required information in Title 26. The City may require the additional submittal of a traffic analysis or traffic impact study for both building pen-nit and subdivision review to assist with a concurrency review. 12,36.080 MINIMUM REQUIREMENTS FOR CONCURRENCY. To obtain a concurrency approval based on meeting minimum required levels of service for transportation facilities, item "A" through "C" must be satisfied along with one item from "D"through"F": A. Adequate adjoining street improvements exist or will be available at the completion of development meeting the standards of Section 12.36.050; and, B. Adequate adjoining water and sewer improvements exist or will be available at the completion of development meeting the standards of Section 12.36.050; and, C. The development activities to be permitted will contribute a pro rata share of the cost of traffic impacts through payment of traffic impact fees authorized in Chapter 3132 and identified in Section 3.07.220 prior to the issuance of a permit. D. That necessary transportation facilities are included in the City's six-year street plan current at the time development activities are permitted; or, E. Provisions for transportation facilities are guaranteed in a development agreement entered into by the developer and the City. The agreement must guarantee that the necessary transportation facilities will be in place within six years of the time that the first development activities are permitted; or, F. The necessary transportation facilities (arterial, collector streets, street signals) are or will be in place at the completion of development. 12.36.085 WAIVER, The requirement under Section 12.36.080A for adjoining street improvements may be waived by the Public Works Director to accommodate a dwelling on a lot previously platted provided the subject street improvement is included within the City's 6-.dear Capital Improvement Plan and the permittee pays the proportionate share of the planned street improvement to the city in conjunction with the building permit. 12.36.090 DETERMINATION Of CONCURRENCY, A. Generally. Prior to issuance of a development permit the City shall place a written determination of concurrency in the review file of each non-exempt development activity. A determination of concurrency can not be transferred to another development activity, B. Short Plats and Binding Site Plans. The issuance of a written determination of concurrency for short plats and binding site plans will require short plats and binding site plans to contain a note stating that at the time lots are developed all abutting streets and utilities shall be improved to City standards as directed by the City Engineer, 12.36.100 MONITORING CONCURRENCY. The City shalt monitor the cumulative impacts of new development by taking periodic traffic counts on selected streets. The City may also undertake periodic studies to assess the overall circulation system and or utility system within the City for compliance with the adopted level of service standard. 12,36,1 10 SEVERABILITY. Should any section, subsection, paragraph, sentence, clause or phrase of this chapter be declared to be unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this chapter. (Ord. 3821, 2007). AGENDA, REPORT FOR: City Council August 18, 2010 TO: Gary Crutchfiel "Tang r Workshop Mtg.: 8/23/2010 Rick Terway, Di ect Adminis Regular Mtg.: 9/7/2010 Community Services FROM: Debbie Clark, City Clerk SUBJECT: PUBLIC RECORDS REQUESTS 1. REFERENCE(S): 1. Proposed Resolution I1. ACTION REQUESTED OF COUNCIL J STAFF RECOMMENDATIONS: 8/23: Discussion 9/7: MOTION: I move to approve Resolution No. amending Resolution No. 2980 regarding Public Records Requests. III. FISCAL IMPACT: None. IV. HISTORY AND FACTS BRIEF: A) The Washington State Legislature in 2005 revised the public disclosure statutes and directed the Washington State Attorney General's Office to adopt advisory Model Rules for implementation by cities. September 18, 2006 Pasco City Council adopted the Model Rules by Resolution No. 2980. B) Due to two recent Washington State Supreme Court cases, the first, Yousoufian vs. Office of' Ron Sims and the second, Rental Housing Association vs. City of Des Moines, it has become necessary to review Resolution No. 2980. Upon review revisions were necessary regarding existing procedures and accessibility of public record requests as well as expedite any disputes in regards to their disclosure. C) Major changes are as follows: a. Section 1 — Adds Police and Municipal Court as direct contacts for records requests in their respective areas. b. Section 3 —Adds requirement to maintain a "Privilege Log" of exempt documents that were not released to requestor. c. Section 6 -- Alternative Dispute Resolution — moves from Attorney General Office to Mandatory Mediation and Arbitration to be held in Franklin County. D) Staff recommends City Council approve the revised Resolution amending Resolution No. 2980. 4(d) RESOLUTION NO. A RESOLUTION OF THE CITY OF PASCO, WASHINGTON, AMENDING RESOLUTION NO. 2980 REGARDING PUBLIC RECORDS REQUESTS WHEREAS, the City of Pasco previously adopted the Washington State Attorney General's advisory rules; and WHEREAS, the Washington State Supreme Court has recently issued a ruling in the case of Rental Housing Association vs. City of Des Moines, which requires cities to maintain a privilege log or withholding index; and WHEREAS, the City finds that it is necessary to update its disclosure procedures to facilitate the efficient use of staff time and more effectively accommodate the accessibility of its public records as well as expedite any disputes in regards to their disclosure, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DOES RESOLVE AS FOLLOWS: Section 1. AGENCY DESCRIPTION - CONTACT INFORMATION - PUBLIC RECORDS OFFICER. A) The City of Pasco is a Washington Municipal Corporation providing municipal services. The City's central office is located at the Pasco City Hall, located at 525 North 3rd, Pasco,WA. 13) Any person wishing to request access to public records or seeking assistance in making a request should contact the City's Public Records Officer. The City Clerk has been designated by the City Manager as the City's Public Records Officer pursuant to RCW 42.55.580. While the public records officer may offer help and guidance relating to any public records request, requests for police records and municipal court records should be directed to the designated records officer within those departments at the contact information listed below. 1) Rc pests for records other than Police and Municipal Court records. Requests to inspect or copy any records maintained by the City, other than Police and Municipal Court records, should be made to the Public Records Officer at: Office of the City Clerk City of Pasco 525 North 3rd Pasco WA 99301 (509) 545-3402 - telephone (509) 543-5727 - facsimile Email address: CityClerkInfo@Pasco-wa.gov. Public Records Request Resolution Page- 1 2) Request for Police records. Requests to inspect or copy records maintained by the City's Police Department should be made to the Police Records Officer at: Records Office City of Pasco Police Department 525 North 3M Pasco WA 99301 (509) 545-3421 - telephone (509) 545-3423 —facsimile 3) Request for Municipal Court records. Requests to inspect or copy records maintained by the Pasco Municipal Court, should be made to the Court Administrator at: Court Administration City of Pasco 101 b North 4' Pasco WA 99301 (509) 545-3491 — telephone (509) 543-2912- facsimile 4) Internet access to records. Many records are also available on the City's web site at www.pasco-wa.gov. Requestors are encouraged to view the documents available on the website prior to submitting a public records request. C) The public records officer will oversee compliance with the act but another City staff member may process a request. Therefore, these rules will refer to the public records officer "or designee." The public records officer or designee and the City will provide the "fullest assistance" to requestors; ensure that public records are protected from damage or disorganization; and prevent fulfilling public records requests from causing excessive interference with essential functions of the City. Section 2. AVAILABILITY OF PUBLIC RECORDS. A) Hours for ilLspectioa_of records. Public records are available for inspection and copying during normal business hours of the City, Monday through Friday, 8:00 a.m. to 5:00 p.m., excluding legal holidays. Records must be inspected at the office of the City Clerk at City Hall. The City's Police Department hours are Monday through Friday, 8:00 a.m. to 5:00 p.m, excluding legal holidays. The Municipal Court hours are Monday through Friday, 8:30 a.m. to 4:00 p.m., excluding legal holidays. B) Records Index. The City finds that maintaining an index is unduly burdensome and would interfere with City operations. The requirement would unduly burden or interfere with City operations in the following ways: Public Records Request Resolution Page-2 1) Given the number of different departments/divisions in the City, the maintenance of a single index is impractical; and 2) Due to activity levels in the City, the type and number of records is constantly changing. C) Organization of records. The City will maintain its records in a reasonably organized manner. The City will take reasonable actions to protect records from damage and disorganization. A requestor shall not take City records from City offices, or that location designated for the inspection of public records, without the permission of the public records officer or designee. A variety of records are available on the City's web site at wwtiv.pasco- wagov. Requestors are encouraged to view the documents available on the web site prior to submitting a records request. D) Making a request for }public records. 1) Any person wishing to inspect or copy public records of the City should make the request in writing on the City's request form, or by letter, fax, or e-mail addressed to the public records officer and including the following information: a) Name of requestor; b) Address of requestor; C) Other contact information, including telephone number andlor e- mail address; d) Identification of the public records adequate for the public records officer or designee to locate the records; and e) The date, and if presented at City Hall, the time of day of the request. 2) If the requestor wishes to have copies of the records made instead of simply inspecting them, he or she should so indicate and make arrangements to pay for copies of the records or a non-refundable deposit. Standard photocopies will be provided at 15 cents (1 S¢)per page. 3) A form is available for use by requestor at the office of the public records officer and online at www.pasco-wa.gov. 4) The public records officer or designee may accept requests for public records that contain the above information by telephone, facsimile, email, or in person. If the public records officer or designee accepts such a request, he or she will confirm receipt of the information and the substance of the request in writing. Public Records Request Resolution Page-3 5) In the event the records requested in any department are readily available, of a routine nature, and do not involve the interest of any other person, the public records officer or the department head may authorize the immediate inspection and/or copying of such record without the necessity of filing the request as provided in subsection (1) above. Section 3. PROCESSING OF PUBLIC RECORDS REQUEST - GENERAL. A) Providing "fullest assistance." The City is charged by statute with adopting rules which provide how it will "provide full access to public records," "protect records from damage or disorganization," "prevent excessive interference with other essential functions of the City," provide "fullest assistance" to requesters, and provide the "most timely possible action" on public records requests. The public records officer or designee will process requests in the order allowing the most requests to be processed in the most efficient manner. B) Acknowledy;ia rg ec!dpt of rexuest. Within five (5) business days of receipt of the request, the public records officer will do one or more of the following: 1) Make the records available for inspection or copying; 2) If copies are requested and payment of a non-refundable deposit for the copies, if any, is made or terms of payment are agreed upon, send the copies to the requestor; 3) Provide a reasonable estimate of when records will be available, 4) If the request is unclear or does not sufficiently identify the requested records, request clarification from the requestor. Such clarification may be requested and provided by telephone. The public records officer or designee may revise the estimate of when records will be available; or 5) Deny the request. C) Consequences of failure to respond. If the City does not respond in writing within five (5) business days of receipt of the request for disclosure, the requestor should consider contacting the public records officer to determine the reason for the failure to respond. D) Protecting rirlits of others. In the event that the requested records contain information that may affect rights of others and may be exempt from disclosure, the public records officer may, prior to providing the records, give notice to such others whose rights may be affected by the disclosure. Such notice should be given so as to make it possible for those other persons to contact the requestor and ask him or her to revise the request, or, if necessary, seek an order from a court to prevent or limit the disclosure. The notice to the affected persons will include a copy of the request. Public Records Request Resolution Page-4 E) Records exempt from disclosure. Some records are exempt from disclosure, in whole or in part. If the City believes that a record is exempt from disclosure and should be withheld, the public records officer will state the specific exemption and provide a brief explanation of why the record or a portion of the record is being withheld. If only a portion of a record is exempt from disclosure, but the remainder is not exempt, the public records officer will redact the exempt portions, provide the nonexempt portions, and indicate to the requestor why portions of the record are being redacted. F) Privilege Loy. If the City determines that a record is exempt and should be withheld, the City will maintain a privilege log of those withheld records. The privilege log will identify: 1) Type of record withheld. 2) Date of record. 3) Number of pages. 4) Author or recipient. 5) The exemption invoked. A copy of the privilege log will be produced to the records requestor. G) lnspeclion of records. 1) Consistent with other demands, the City shall promptly provide a location to inspect public records. No member of the public may remove a document from the viewing area or disassemble or alter any documents. The requestor shall indicate which documents; if any,he or she wishes the City to copy. 2) The requestor must claim or review the assembled records within thirty (30) days of the City's notification to him or her that the records are available for inspection or copying. The City will notify the requestor in writing of this requirement and inform the requestor that he or she should contact the City to make arrangements to claim or review the records. If the requestor or a representative of the requestor fails to claim or review the records within the thirty-day period or make other arrangements, the City may close the request and reflle the assembled records. Other public records requests can be processed ahead of a subsequent request by the same person for the same or almost 'identical records, which can be processed as anew request. H) Providing copies of records. After inspection is complete, the public records officer or designee shall make any requested copies or arrange for copying. 1) Providina records in installments. When the request is for a large number of records, the public records officer or designee will provide access for inspection and copying in Public Records Request Resolution Page-5 installments, if he or she reasonably determines that it would be practical to provide the records in that way. If, within thirty (30) days, the requestor fails to inspect the entire set of records or one or more of the installments, the public records officer or designee may stop searching for the remaining records and close the request. J) CmVletion of inspection. When the inspection of the requested records is complete and all requested copies are provided, the public records officer or designee will indicate that the City has completed a diligent search for the requested records and made any located nonexempt records available for inspection. K) Closing withdrawn or abandoned request. When the requestor either withdraws the request or fails to fulfill his or her obligations to inspect the records or pay the non- refundable deposit or final payment for the requested copies, the public records officer will close the request and indicate to the requestor that the City has closed the request. L) Later discovered documents. If, after the City has informed the requestor that it has provided all available records, the City becomes aware of additional responsive documents existing at the time of the request, it will promptly inform the requestor of the additional documents and provide them on an expedited basis. Section 4. EXEMPTIONS. A) The Public Records Act provides that a number of types of documents are exempt from public inspection and copying. In addition, documents are exempt from disclosure if any "other statute" exempts or prohibits disclosure. Requestors should he aware of other exemptions, outside the Public Records Act, that restrict the availability of some documents held by the City for inspection and copying. A list of such laws is available at the office of the City Clerk and maybe available at the City's website. B) The City is prohibited by statute from disclosing lists of individuals for commercial purposes. Section 5. COSTS OF PROVIDING COPIES OF PUBLIC RECORDS. A) Costs for M.or copiga. There is no fee for inspecting public records. A requestor may obtain standard black and white topics and color copies for 15 cents (15¢) per page. Before beginning to make the copies, the public records officer or designee may require a non-refundable deposit of up to ten percent of the estimated cost of copying all the records selected by the requestor. The public records officer or designee may also require the payment of the remainder of the copying cost before providing all the records, or the payment of the cost of copying an installment before providing that installment. The City will not charge sales tax when it makes copies of public records. Public Records Request Resolution Page-6 B) Costs for electronic records. The costs of electronic copies of records shall be One Dollar ($1.00) for information on a floppy disk and One Dollar ($1.00) for information on a CD- ROM. C) Costs for specialized services. In the event the City is required due to the size of the request or there is a need for specialized copying equipment (i.e., photographs, blueprints, taped or video recordings) to use the services of an outside source designated by the City, the requestor shall be required to pay a non-refundable deposit and the actual costs of such service, including delivery and return of public records for the purpose of copying. D) Costs of mailing. The City may also charge actual costs of mailing (including the costs of the shipping container) and the actual costs of long distance facsimile transmission. E) Payment. Payment may be made by cash, debit, check or money order to the City. Section 6. REVIEW OF DENIALS OF PUBLIC RECORDS. A) Petition for internal administrative review of denial of access. Any person who objects to the initial denial or partial denial of a records request may petition in writing (including e-mail) to the public records officer for a review of that decision. The petition shall include a copy of, or reasonably identify, the written statement by the public records officer or designee denying the request. B) Consideration of petition for review. The public records officer shall promptly provide the petition and any other relevant information to the City Attorney. The City Attorney will immediately consider the petition and either affirm or reverse the denial within two business days following the City's receipt of the petition, or within such other time as City and the requestor shall mutually agree. The comments incorporated in Chapter WAC 44-14 may be relied upon as authority for determinations made by the City in applying or interpreting this Resolution. C) Alternative Dis-t>ute Resolution. In the event of a dispute regarding the inspection or copying of public records, the parties shall first meet in a good-faith attempt to resolve the dispute by agreement of the parties or by mediation. In the event the dispute remains, the dispute shall be resolved by arbitration pursuant to RCW 7.04A, the Mandatory Rules of Arbitration, and venue being placed in Franklin County, Washington. The mediators and arbitrators will be selected from an approved list maintained by the City and available upon request. The party wishing to seek mediation or arbitration shall provide fifteen (15) days written notice to the City. D) Judicial review_ Any person may obtain court review of denials of public records requests pursuant to RCW 42.56.550 at the conclusion of two business days after the initial denial regardless of any internal administrative appeal. Section 7. The City Manager is hereby authorized and directed to institute such administrative policies and practices as necessary and appropriate to fully affect this policy. Public Records Request Resolution Page-7 PASSED by the City Council of the City of Pasco, Washington, at its regular meeting on the day of , 2010. Matt Watkins Mayor Attest Approved as to Form: Debra L. Clark Leland B. Kerr City Clerk City Attorney Public Records Request Resolution Page-8 AGENDA REPORT NO. 16 FOR: City Council DATE: August 18, 2010 TO: Gary Crutchfield, City M, G FROM: Michael P. Mc'S A"i Engineer Workshop: 08/23/10 Regular: 09/07/10 SUBJECT: Standard Specifications Ordinance 1. REFERENCE(S): 1. Ordinance 11. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 08/23: Discussion 09/07: MOTION: I move to adopt Ordinance No. amending Chapter 14.08 "Construction Standards", Section 14.08.010 "Adopted"; and adding Section 14.08.020 "Applicability", and further, authorize publication by summary only. 1IL FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: A) The original ordinance adopting Construction Standards for the City was passed in 1969 and the standard referenced is no longer in use. Staff is proposing to revise the section indicating the current standards as well as adding a section regarding the applicability of the standards. V. DISCUSSION A) Staff recommends the adoption of the ordinance to provide more clear direction on city standards to both staff and the public. 4(e) ORDINANCE NO. AN ORDINA-NCE concerning Public Works Standard Specifications, amending Section 14.08.010, and adding Section 14.08.020 of the Pasco Municipal Code. WHEREAS, the City wishes to adopt current construction standards to provide direction on construction in the City of Pasco, now,therefore, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON DO ORDAIN AS FOLLOWS: Section 1. Section 14.08.010 of the Pasco Municipal Code is hereby amended to read as follows (deletions shown by interlineations and additions shown by underliiung): 14.08.010 ADOPTED. Stti%L4—Wr-the f ecw seeti 1.189' e cc ."'�e F �+3..n re icipal � 3 ' € t e–a� w ic#�r► # .mn –ail hn -tl a er, afe a r d by fefemne pra:ded-4n this ehapter. The Standard Specifications for Road. Bridge. and Municipal Construction oublished by Washington State Department of Transportation shall Qovern all construction. modification, extension or improvement affecting directly or indirecti-v any- Cif utility or street infrastructure elements. Said improvements include, but are not limited to, streets, sidewalks, structures, sewer lines, water fines, storm drainage lines, irriization lines, or appurtenances thereto either by ublie works contract or by private development. within the City The Standard Specifications are adopted as modified by the City of Pasco Amendments to the Standard Specifications and the City of Pasco Standard Drawings, approved and signed by the s;ity Em ineer. excem as may be directed by the Cite Enuincer, The City Clerk shall keep three copies of said Standard Specifications fef '_gal r--- Publi~ 'x'° f;6 Gan."e and Amendments on file at all times as required by state law. (Ord. 1367 Sec. 1, 1969.) Section 2. Section 14.08.020 of the Pasco Municipal Code is hereby added to read as follows: 14.08.020 APPLICABILITY. The Standard Specifications shall govern all construction, modification, extension or improvement affecting directly or indirectly any City utility or street infrastructure elements either by public works contract or by private development, within the C y _ Section 3. This Ordinance shall take effect five (5) days after passage and publication. PASSED by the City Council of the City of Pasco, this 7th day of September, 2010. Matt Watkins Mayor ATTEST: APPROVED AS TO FORM: Debra L. Clark Leland B. Kerr City Clerk City Attorney AGENDA REPORT 1'O: City Council August 16,2010 FROM: Gary Crutchfi i Manager Workshop Mtg.: 8/23/10 Regular Mtg.: 9/7/10 SUBJECT: Lodging Tax A_.visory Committee Appointments I. REFERENCE(S): 1. Resolution No. 2314 11. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 8/23 Discussion 9/7 MOTION: I move to confirm the Mayor's appointment of the following individuals to the 2010 Lodging Tax Advisory Committee: • Hotel Representatives: Monica Hammerberg, Red Lion and Allison White, Sleep Inn; • User Representatives: Nikki Gerds, Pasco Chamber of Commerce and Denis Gisi, Pasco Downtown Development Association; • City Council: Mike Garrison. III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: A) The Lodging Tax Advisory Committee (LTAC) was established under Resolution No. 23 14 in June 1997 to comply with state requirements imposed at that time relating to the use of the city's lodging tax ("hotel/motel tax"). The purpose of the committee is to advise the City Council on use of lodging tax each year. V. DISCUSSION: A) The appointments in the past have been structured so as to typically appoint the manager of the Red Lion (representing the largest hotel in Pasco) and the manager of one of the smaller facilities (Sleep Inn). The "user" representative positions have been the executive directors of the respective organizations noted (Pasco Chamber of Commerce and Pasco Downtown Development Association). B) The Mayor has identified individuals willing to fill the current vacancies. Council is requested to confirm the nominees at the September 7 meeting so that the required meeting of the Advisory Committee can occur timely for budget consideration. 4(f) RESC+LunON NO. A RESOLUPION establishing a Lodging 'fax Advisory Committee. WILEREAS, the City of Pasco currently levies a lodging tax pursuant to Chapter 67,23 RCW; and WHEREAS, the State Legislature has enacted Substitute Senate Bill (SSB) 5867, enacted as Chapter 452, Laws of 1997, which modifies or repeals certain previous lodging tax authority and adds new lodging tax authority; and WHEREAS, SSB 5867 requires any new imposition of a lodging tax enacted dunder Chapter 67.28 RCW in a city with a population over 5,000,be first submitted for consideration to a lodging tax advisory committee not less than 45 days in advance of final action on a lodging tax by the city; and WHET'FA.S, Senate Bill 5867 replaces the current lodging tax authority with a new statutory scheme effective July 27, 1997; and WHEREAS,the City of Pasco relies on the receipts of the current lodging tax to fulfill its contractual obligation to Franklin County for its share of the debt and operating expenses associated with the TRAC facility, as well as the bonds issued to finance construction of the professional baseball stadium in Pasco; and WHEREAS, to ensure continued authorization for the imposition of the lodging tax within the City of Pasco, it is deemed to be in the best interest of the city that a lodging tax advisory committee be created immediately and that a proposal be submitted to this committee regarding continuation of a lodging tax; NOW, 77LM FOR.F THE CITY COUNCIL OF THE CITY OF FASCO, WASHINGTOAT, DO RESOLVE AS FOLLOW: Section 1. There is hereby created a City of Pasco Lodging Tax Advisory Committee to serve the functions prescribed in Senate Bill 5867,which was enacted as Chapter 452, Laws of 1997. Section 2. The membership of the lodging tax advisory committee shall consist of five persons appointed by the City Council, One member shall be an elected official of the city, who shall serve as chair, Two members shall be representatives of businesses required to collect the tax and two inembers shall be persons involved in activities authorized to be funded from revenue received from the tax. The City Council will review the membership on an annual basis and make changes as appropriate. Any appointments to the committee shall be made by the City Council. Section 3. The following persons are hereby appointed to initially servA as j members of the lodging tax advisory committee: (A) Elected Officiab Councilman Mike Garrison. (B) Businesses required to collect the lodging tax shall be represented by: (1) Alan Paty, General Manager, Doubletree Motel. (2) Dorothy Hildebrant, Manager, Goal Post Motel. 1 (C) Persons invohred in activities authorized to use proceeds of the lodging tax shad be represented by: (1) Dorothy Schoeppach, Executive Director, Pasco Chamber of j Commerce. (2) Rosemary Doup6, Executive Director, Pasco Downtown Development Association. Section 4 In accordance with SSB 5867, the City Council shall submit to the lodging tax advisory committee, for its review and comment, proposals on the imposition of any tax authorized under SSB 5867; any increase in the rate of such a tax; repeal of any exemption from such a tax; or a change in the use of the revenue j received from such a tax. Comments by the committee should include an analysis of the extent. to which the proposal will accommodate activities for tourists or increase tourism and the extent to which the proposal will affect the long-range stability of the spacial fund created for the lodging tax revenues. Section 5. In accordance with Section 4 of this Resolution, the City Council hereby submits to the lodging tax advisory committee the following proposal for its immediate review and comment; To ensure the continued levy of the lodging tax as . authorized by Chapter 67 .28 RCW, the city should re- enact an Ordinance levying a special excise tax on the sale or charge made for furnishing of lodging that is subject to tax under Chapter 82 .08 RCW. Section 6. In order to take all steps necessary or indicated by SSB 5867 with regard to re-enactment of lodging taxes levied by the city, the lodging tax advisory conunittee is hereby requested to conduct its first meeting not later than June 30, 1997, rind to report back to the City Council its comments with respect to the tax proposal set forth in Section 5 of this Resolution no later than July 19, 1997. Section 7. This Resolution shall tale effect immediately upon passage. PASSM by the City Council of the City of Pasco at a regular meeting this 16th day of June, 1997. Ch"4D. KU64ryeL4�( , ATrES~T: .L—L6e-- Catherine D Seaman, Deputy City Clerk APPRO TO FORM: Leland a Kerr,City Attorney Resolution establishing a Lodging Tax Advisory Committee - Page 2 AGENDA REPORT FOR: City Council August 18, 2010 TO: Crary Crutchfi �` Manager Workshop Mtg,: 8!23110 Regular Mtg.: 9!07/10 FROM; Lynne Jackson,'Human Resources Manager SUBJECT: Bargaining Contract for Non-Uniformed Police Employees I. REFERENCE(S): 1. Proposed Collective Bargaining Agreement (Council packets only; copy available for public review in the Human Resource office, the Pasco Library or on the city's webpage at http://www.pasco-wa.gov/wtbapp/citycouncilrel)om) 11. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 8/23: Discussion 9/7: MOTION: I move to approve the Collective Bargaining Agreement with the Pasco Police Officers Association (Non-Uniformed) for 2009 through 2011 and, further, authorize the Mayor to sign the agreement, II1. FISCAL IMPACT: Increases annual cost of Police Department non-uniformed employees by approximately $13,100, IV, HISTORY AND FACTS BRIEF: The previous contract terminated December 31, 2008, V. DISCUSSION: The city and representatives of the non-uniformed employees in the Police Department have reached tentative agreement on a new, three-year contract. Following is a listing of the significant changes to the agreement: ■ Effective 2009: 0% increase ■ Effective 1/01/2010: 0% increase ■ Effective 9/2.7/2010: 4% increase • Effective 1/01/2011: 90% of CPI (West Coast B/C, Oct/Oct); no minimum/no maximum Staff recommends Council ratification of the Agreement. 4(g)