Loading...
HomeMy WebLinkAbout2010.06.21 Council Meeting Packet AGENDA PASCO CITY COUNCIL Regular Meeting 7:00 p.m. June 21,2010 1. CALL TO ORDER 2. ROLL CALL: (a) Pledge of Allegiance 3. CONSENT AGENDA: All items listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by roll call vote as one motion(in the form listed below). There will be no separate discussion of these items. If further discussion is desired by Councilmembers or the public, the item may be removed from the Consent Agenda to the Regular Agenda and considered separately. (a) Approval of Minutes: 1. Minutes of the Pasco City Council Meeting dated June 7, 2010. (b) Bills and Communications: (A detailed listing of claims is available for review in the Finance Manager's office.) 1. To approve General Claims in the amount of$3,011,002.40 ($91,133.72 in the form of Wire Transfer Nos. 5492 and 5500, $10,000.00 in the form of Electronic Fund Transfer No. 1018; and$2,908,868.68 consisting of Claim Warrants numbered 177341 through 177580). 2. To approve bad debt write-offs for utility billing, ambulance, cemetery, general accounts, miscellaneous accounts, and Municipal Court (non-criminal, criminal, and parking) accounts receivable in the total amount of$262,943.01 and, of that amount, authorize $221,025.33 be turned over for collection. (c) City Prosecutor Agreement: 1. Agenda Report from Stan Strebel,Deputy City Manager dated June 8, 2010. 2. Proposed Agreement_ To approve; the Agreement for Prosecutorial Services with Bell, Brown and Rio, PLLC, and, further, authorize the City Manager to sign the agreement. (d) Interagency Agreement for Summer School Services: 1. Agenda Report from Denis Austin, Chicf of Police dated May 24, 2010. 2. Proposed Interagency Agreement. To approve the Interagency Agreement with the Pasco School District for summer school services and, further, authorize the Mayor to sign the agreement. (e) Resolution No. 3251, a Resolution adopting the proposed cross section of Argent Road between 20"'Avenue and Morasch Lane as a development standard for that section. 1. Agenda Report from Michael McShane,City Engineer dated June 10, 2010. 2. Vicinity Map. 3. CBC Letter. 4. Port Letter. 5. Cross Section. 6, Proposed Resolution. To approve Resolution No. 3251, adopting the proposed cross section of Argent Road between 20'x`Avenue and Morasch Lane as a development standard for that section. *(f) Resolution No. 3252, a Resolution accepting work performed by Granite Northwest, Inc., under contract for the 2009 Street Overlays,Project No. 09-3-03, 1. Agenda Report from Michael McShane, City Engineer dated June 4,2010. 2. Resolution. To approve Resolution No. 3252, accepting the work performed by Granite Northwest, Inc., under contract for the 2009 Street Overlays,Project No. 09-3-03. (RC) MOTIONS'I move toapprovethe Corse*Agenda as read. 4. PROCLAMATIONS AND ACKNOWLEDGMENTS: (a) (b) (c) Regular Meeting 2 June 21,2010 5. VISITORS- OTHER THAN AGENDA ITEMS: (a) (b) (c) 6. REPORTS FROM COMMITTEES AND/OR OFFICERS: (a) Verbal Reports from Councilmembers (b) Financial Services Manager: General Fund Operating Statement through May 2010. (c) 7. PUBLIC HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS RELATING THERETO: (a) Six-Year Transportation Improvement Plan 2011-2016. 1. Agenda Report from Michael McShane, City Engineer dated June 2, 2010. 2. Proposed Plan. 3. Resolution. 4. Map. CONDUCT A PUBLIC HEARING Resolution No. , a Resolution adopting the revised and extended Comprehensive Street, Storm Drain and Bridge programs for the City of Pasco. MOTION: T move to approve R olution No. . thorthy :adopting the Clty's Six-Year Tr;imFort4ation lmprovemv,nt Plan for 2011-2016, 8. ORDINANCES AND RESOLUTIONS NOT RELATING TO PUBLIC HEARINGS: (a) Ordinance No. , an Ordinance of the City of Pasco, Washington amending Title 16 and Title 3 of the Pasco Municipal Code, regarding the adoption of the State Building Code and International and Uniform Building Codes and removal of certain inapplicable Building Permit Fee references. 1. Agenda Report from Mitch Niekolds,Inspection Services Manager dated June 10, 2010. 2. Proposed Ordinance. MOTION: I move to adopt Ordinancu No. , amending Title: 16 and 3 of the Pasco Munieipal Code pertaining to adoption of legislative amendments to the State Building Code and. rurth.cr, authorize publication by snrnmary only. (b) Resolution No. , a Resolution confirming Mayoral Appointments of Councilmembers to various Boards and Committees. 1. Agenda Report from Gary Crutchfield, City Manager dated June 9, 2010. 2. Resolution. 3. Proposed List of Board and Committee Assignments for 2010-2011. MO'T'ION: I move to amrove Resolutkn Nei. confirming Mayoral appointments to various Boards and Committees. 9. UNFINISHED BUSINESS: (None) 10. NEW BUSINESS. *(a) Commercial Avenue Phase 3—Boring SR395 and Foster Wells Road,Project No. 10-2-01: 1. Agenda Report from Jess Greenough,Field Division Manager dated June 16, 2010, 2. Vicinity Map. 3. Bid Summary. MOTIaN: T uluve to reject the bids rc'cc.ivcd t1or Commercial Avcnalc Chase 3, Boring SR,195 and foster Wei Is React.Project No, 10-2-01 anal, further, authorize staff to rebid the project. 11. MISCELLANEOUS DISCUSSION: (a) (b) (c) Regular Meeting 3 June 21,2010 12. EXECUTIVE SESSION: (a) (b) (c) 13. ADJOL-RNMENT. (RC) Roll Call Vote Required Itcm not previously discussed MF# "Master File#...." Q Quasi-Judicial Matter REMINDERS: 1. 6:00 p.m., Monday, June 21, City Hall Conference Room #1 — LEOFF Disability Board Meeting, (MAYOR MATT WATKINS and COUNCILMEMBER REBECCA FRANCIK) 2. 7:30 a.m., 'Thursday, June 24, 7130 W. Grandridge Blvd—Tri-Cities Visitor& Convention Bureau Board Meeting. (COUNCILMEMBER MIKE GARRISON, Rep.;TOM LARSEN, Alt.) 3. 4:00 p,m., Thursday, June 24, 7130 W. Grandridge Blvd — TRIDEC Board Meeting. (COUNCILMEMBER MIKE GARRISON, Rep.; TOM LARSEN, Alt.) 4. 5:30 p.m., Thursday, June 24, 710 W. Court Street — Benton-Franklin Community Action Committee Meeting. (COUNCILMEMBER AL YENNEY, Rep.; REBECCA FRANCIK, Alt.) MINUTES REGULAR MEETING PASCO CITY COUNCIL JUNE 7, 2010 CALL TO ORDER: The meeting was called to order at 7:00 p.m. by Matt Watkins, Mayor. ROLL CALL: Councilmembers present: Rebecca Francik, Mike Garrison, Robert Hoffmann, Tom Larsen, Matt Watkins and A] Yenney. Staff present: Gary Crutchfield, City Manager; Leland Kerr, City Attorney; Stan Strebel, Deputy City Manager; Richard Terway, Administrative & Community Services Director; Rick White, Community & Economic Development Director; Denis Austin, Police Chief and Bob Gear, Fire Chief. The meeting was opened with the Pledge of Allegiance. Oath of Office: Debbie Clark, City Clerk, administered the Oath of Office to Councilmembers Saul Martinez, recently appointed by the City Council to fill the unexpired term for District 4. Election of Mayor and Mayor Pro-Tem: Ms_ Francik nominated Matt Watkins for Mayor. Mr. Garrison seconded. Mr. Yenney nominated Robert Hoffmann for Mayor. Mr. Larsen seconded. With no further nominations, Mayor Watkins closed nominations. Mr. Watkins was declared Mayor for the remainder of years 2010 and 2011 by the following Roll Call vote: Watkins: Garrison, Watkins, Francik, Martinez. Hoffmann: Hohmann, Yenney, Larsen. Mr. Garrison nominated Rebecca Francik for Mayor Pro-Tem. Mr. Watkins seconded. Mr. Larsen nominated Al Yenney for Mayor Pro-Tem. Mr. Hoffmann seconded. With no further nominations, Mayor Watkins closed nominations. Ms. Francik was declared Mayor Pro-Tem by die following Roll Call vote: Francik: Martinez, Francik, Garrison, Watkins. Yenney: Larsen, Hoffmann, Yenney. CONSENT AGENDA; (a) Approval of Minutes: Minutes of the Pasco City Council Meeting dated May 17, 2010. (b) Bills and Communications: To approve General Claims in the amount of$3,958,141.13 ($187,466.82 in the form of Wire Transfer Nos. 5473 and 5479; $3,641.13 in the form of Electronic Fund Transfer No. 1016; and $3,767,033.18 consisting of Claim Warrants numbered 177097 through 177340). 1 3(a).1 MINUTES REGULAR MEETING PASCO CITY COUNCIL JUNE 7, 2010 To approve Payroll Claims in the amount of S1,842,261.69, Voucher Nos, 40978 through 41066; and EFT Deposit Nos. 30037364 through 30037918. (c) Appointment to Planning Commission: To appoint David Campbell to Position No. 4 (expiration date 21212012) on the Planning Conunissinn. Removed from Consent Agenda and moved to Item 10(d). (d) Appointment to Historic Preservation Committee: To appoint Bradyn Leyde to Position No, 5 (expiration date 8/112013) on the Historic Preservation Comrittee. (e) Library Services Agreement: To approve the lnterloeal Agreement for Library Services with Mid-Columbia Libraries and, further, authorize the Mayor to sign the agreement. Removed from Consent Agenda and moved to Item 10(e). (1) 2009 Fire Department Performance Report: To accept the Pasco Fire Department 2009 Performance Report. (g) Resolution No. 3246, a Resolution adopting the 2010 Franklin County Integrated Solid Waste Management Plan. To approve Resolution No. 3246, adopting the 2010 Franklin County Integrated Solid Waste Plan. (h) Resolution No. 3247, a Resolution accepting work performed by Gamache Landscaping, Inc., under contract for Highland Park Expansion Project, To approve Resolution No. 3247, accepting the work performed by Gamache Landscaping, Inc., under contract for the Highland Park Expansion Project. (i) Resolution No. 3248, a Resolution accepting work performed by Sierra Electric, Inc., under contract for the 2048 Miscellaneous Traffic Signal Upgrades, Project No. 08-4-01. To approve Resolution No. 3248, accepting the work performed by Sierra Electric., Inc,, under contract for the 2008 Miscellaneous Traffic Signal Upgrades, Project Na. 08-4-01. MOTION: Ms. Francik moved to approve the Consent Agenda as read, Mr. Garrison seconded. Motion carried by unanimous Roll Call vote. PROCLAMATIONS AND ACKNOWLEDGMENTS: Mayor Watkins presented Certificates of Appreciation for May 2010 "Yard of the Month"to: .Jose Morfin, 608 N. Becch Ave. Randy & Donna Eakrrtan, 3809 IvK Haystad St. Lou & De Martucei, 6 Lavender Ct Michael & Yong Ragland, 4012 Road 105 Mayor Watkins presented a Certificate of Appreciation for May 2010 "Business of the Month Appearance Award"to: Red Lion Hotel, 2525 N. 20`h Ave. 2 MINUTES REGULAR MEETING PASCO CITY COUNCIL JUNE 7, 2010 VISITORS - OTHER THAN AGENDA ITEMS: Mr. Mac Miller, Boise Idaho, addressed Council regarding a rock in Volunteer Park. REPORTS FROM COMMITTEES AND/OR OFFICERS: Ms, Francik reported on the Washington State Public Works Board meeting and the Parks and Recreation Advisory Board meeting. Mr, Martinez reported on the Leadership Tri-Cities Class XV project at the Martin Luther King Center which includes a mural and computer lab. He invited everyone to the Ribbon Cutting ceremony at 7 p.m. on June 9. Mr. Hoffmann reported on the Franklin County Mosquito Control Board meeting. Mr. Larsen attended the Emergency Medical Services Board meeting. ORDINANCES AND RESOLUTIONS NOT RELATING TO PUBLIC HEARINGS: Ordinance No. 3963, an Ordinance of the City of Pasco, Washington, amending the Zoning Classification of Lots 5-I0, Block 1, Longs 1st Addition, together with Lots 17-19, Block 119, Pasco Land Company 1st, from C-1 (Retail Business) to C-3 (General Business). MOTION; Ms. Francik moved to adopt Ordinance No. 3963, granting a rezone for a parcel of land at 114 North Oregon Avenue from C-I to C-3 as recommended by the Planning Commission and, further, authorize publication by summary only. Mr. Garrison seconded. Motion carried unanimously. Resolution No. 3249, a Resolution accepting the Planning Commission's recommendation and approving a Special Permit for a church at 1215 West Court Street. MOTION: Ms. Francik moved to approve Resolution No. 3249, approving a Special Permit for the location of a church at 1215 West Court Street. Mr. Garrison seconded. Motion carried unanimously, Resolution No. 3250, a Resolution accepting the Planning Commission's recommendation and approving a Special Permit for location of dwelling units on the second floor of a building within a C-1 Zone. MOTION: Ms. Francik to approve Resolution No, 3250, approving a Special Pen-nit for the location of dwelling units on the second floor of a building within a C-1 Zone at 720 W. Lewis Street. Mr. Martinez seconded. Motion carried 6-1. No— Yenney. NEW BUSINESS: Utility Maintenance Worker Position: Council and staff discussed need for the additional position. MOTION: Ms. Francik to authorize one additional Utility Maintenance Worker in the Plants (Water, Waste Water) Division and direct the additional cost be included in the 2010 Water/Sewer Utility Fund Supplemental Budget. Mr. Garrison seconded. Motion carried unanimously, Process Water Reuse Facility Feasibility Study: Council and staff discussed this item. 3 MINUTES REGULAR MEETING PASCO CITY COUNCIL JUNE 7, 2010 MOTION: Ms. Francik to approve the Professional Services Agreement with JUB Engineers for the Process Water Reuse Facility Feasibility- Study and, further, authorize the City Manager to sign the agreement, Mr, Garrison seconded, Motion carried unanimously, Lewis Street Scope of Services: Council and staff discussed this item. MOTION: Ms. Francik to approve the Professional Services Agreement with JUB Engineers for the design of the Lewis Street Overpass subject to a $5,000,000 liability insurance provision and a prevailing party attorney fee provision and, further, authorize the City Manager to sign the agreement. Mr. Garrison seconded. Motion carried 6— 1, No — Larsen, Appointment to Planning Commission: Mr, Martinez abstained from this item, since he did not participate in the interview process, Council discussed whether to appoint Mr, Campbell or re-open the interview process for both open positions. MOTION: Ms, Franck moved to appoint David Campbell to Position No, 4 (expiration date 2/212012) on the Planning Commission, Mr. Garrison seconded, Motion failed by the following voice vote: Yes—Garrison, Francik, Watkins. No — Larsen, Yenney, Hoffmann. Mayor Watkins directed the city manager to solicit applications for planning commission vacancies, Library Semices Agreement: MOTION: Ms. Francik moved to approve the Interlocal Agreement for Library Senfices with Mid-Columbia Libraries and, further, authorize the Mayor to sign the agreement. Mr. Garrison seconded. Motion carried unanimously. MISCELLANEOUS DISCUSSION: Council discussed the process for filling vacant Council Board and Committee assignments. Appointments will be discussed at the next workshop meeting. ADJOURNMENT: There being no further business, the meeting was adjourned at 8:31 p.m. APPROVED: ATTEST: Matt Watkins, Mayor Debra L, Clark, City Clerk PASSED and APPROVED this 21" day of June, 2010. 4 CITY OF PASCO Council Meeting of: June 21, 2010 Accounts Payable Approved The City Council City of Pasco, Franklin County, Washington We, the undersigned, do hereby certify under penalty of perjury that the materials have been furnished,the services rendere4Cit s described herein and that the claim is ajust,due and unpaid obligation against the city and to uthenticate and certify to said claim. `"- Gary C Rick Terway Director Administrative &Community Services We, the undersigned City Councilmembers of the City Council of the City of Pasco, Franklin County, Washington, do hereby certify that the merchandise or services hereinafter specified have been received;that Wire Transfer No.s 5492 and 5500 in the amount of$92,133.72, have been authorized;that Electronic Fund Transfer No. 1018 in the amount of$10,000.00, has been authorized; that Check No's 177341 through 177580 are approved for payment in the amount of$2,908,868.68,for a combined total of$3,011,002.40 on this 21 st day of June, 2010. Councilmember Councilmember SUMMARY OF CLAIMSfWlRE TRANSFERS BY FUND: GENERAL FUND: Legislative 1,914.75 Judicial 15,505.49 Executive 3.613.64 Police 28,749.18 Fire 10,309.27 Administration & Community Services 76,071.56 Community Development 1,114.64 Engineering 811.82 Non-Departmental 20.442.15 Library 665.70 TOTAL.GENERAL FUND: 159,196.24 STREET 480,538.88 C. D. BLOCK GRANT 10,678.92 KUNG COMMUNITY CENTER 703.14 AMBULANCE SERVICE 1,515.25 CEMETERY 4,095.95 ATHLETIC PROGRAMS 2,951.69 SENIOR CENTER 7,633.62 MULTI MODAL FACILITY 863.00 RIVERSHQRE TRAIL&MARINA MAIN 0.00 LITTER CONTROL 0.00 REVOLVING ABATEMENT 735.97 PARKS FUND 0.00 TRAC DEVEL&OPERATING 0.00 STADIUMICONVENTION CENTER 0.00 SPECIAL ASSESSMNT LODGING 0.00 GENERAL CONSTRUCTION 327,847.65 WATERS EWER 1,436,335.69 EQUIPMENT RENTAL- OPERATING 28,319.87 EQUIPMENT RENTAL- REPLACEMENT 243,901.02 MEDICAL/DENTAL INSURANCE 92,133.72 CENTRAL STORES 0.00 PUBLIC FACILITIES DIST 0.00 PAYROLL CLEARING 52,724.00 LID CONSTRUCTION 160,720.67 TR1 CITY ANIMAL CONTROL 10516 GRAND TOTAL ALL FUNDS: $ 3,011,002.40 3(b).1 AGENDA REPORT FOR: City Council DATE: June 16, 2010 TO: Gary Crutchfield,City Manager REGULAR: June 21, 2010 Rick Terway,Administrative& Community Services Director FROM: Stephanie Brock,Interim Finance Manager> ' SUBJECT: BAD DEBT WR1TE-QFF'S1CQLLEC TIQN, 1. REFERENCE(SY Write-off and collection lists are on file in the Finance Department. F VESTED_°af COUNCILISTAFF RECQMMENDATIONS MOTION: I move to approve bad debt write-offs for utility billing, ambulance, cemetery, general accounts, miscellaneous accounts, and Municipal Court (non-criminal, criminal, and parking) accounts receivable in the total amount of $262,943.01 and, of that amount, authorize$221,025.33 be turned over for collection. Ill. HISTORY AND FACTS BRIEF: 1, UTILITY BILLING - These are all inactive accounts, 60 days or older. Direct write-offs are under $10 with no current forwarding address,or are accounts in"occupant" status. Accounts submitted for collection exceed S 10.00. 2. AMBULANCE -These are all delinquent accounts over 90 days past due or statements are returned with no forwarding address. Those submitted for collection exceed $10.00, Direct write offs including DSHS and Medicare customers; the law requires that the City accept assignment in these cases. 3. COURT ACCOUNTS RECEIVABLE - These are all delinquent non-criminal and criminal fines, and parking violations over 30 days past due. 4. CODE ENFORCEMENT — LIENS — These are Code Enforcement violation penalties which are either un-collectable or have been assigned for collections because the property owner has not complied or paid the fine. There are still liens in place on these amounts which will continue to be in effect until the property is brought into compliance and the debt associated with these liens are paid. 5. CEMETERY —These are delinquent accounts over 120 days past due or statements are returned with no forwarding address. Those submitted for collection exceed$10.00. 6. GENERAL- These are delinquent accounts over 120 days past due or statements are returned with no forwarding address. Those submitted for collection exceed$10,00. 7. MISCELLANEQU - These are delinquent accounts over 120 days past due or statements are returned with no forwarding address. Those submitted for collection exceed$10.00. Amount Direct Referred to Total Write-offs Collection Write-offs Utility Billing $ .00 80.58 80.58 Ambulance $ 41,917.68 11,733.75 53,651.43 Court A/R $ .00 208,283.00 208,283.00 Code Enforcement $ .00 87100 872.00 Cemetery $ .00 .00 .00 General $ .00 56,00 56.00 Miscellaneous $ .00 .00 AO TOTAL: $ 41,917.68 221,025.33 262,94101 IV. ADMINISTRATIVE ROUTING: cc: Dot French, Municipal Court Clerk 3{b}.2 AGENDA REPORT FOR: City Council June $, 2010 TO: Gary Crutchfic -Manager Workshop Mtg.: 6114110 Regular Mtg,: 6121/10 FROM: Stan Strebel, D puty City Mana& SUBJECT: City Prosecutor Agreement I. REFERENCE(S): 1, Proposed Agreement 11. ACTION REQUESTED OF COUNCIL /STAFF RECOMMENDATIONS: 6114: Discussion 6/21: MOTION: I move to approve the Agreement for Prosecutorial Services with Bell, Brown and Rio, PLLC, and; further; authorize the City Manager to sign the agreement. 111. FISCAL IMPACT: 2010-2011 FY - $111,000 2011-2012 FY - $114,000 IV. HISTORY AND FACTS BRIEF: A) The City has contracted with private attorneys for prosecution services since 2002. Each agreement has typically been for a two-year term. The expiration of the current agreement in June 2010 provided the City with the opportunity to solicit competitive proposals for the service. B) In response to the City's request for proposals, the City received the following: Attorney/Firm 2010-2011 FY 2011-2012 FY Bell, Brown and Rio, PLLC $111,000 $114,000 Telquist, Ziobro, McMillen, PLLC $114,000 $117,000 Steve Low Franklin County Prosecutor $163,654 $16$,564 C) The City's existing contractor, Bell, Brown and Rio has been providing services to the City for the last year when they assumed the contract at the departure of prior contractors. Individual attorneys in the firm have been providing prosecution services to the City since 2005. V. DISCUSSION: A) As the price quoted for the service is most reasonable and the service has been good, staff recommends approval of the agreement with Bell, Brown and Rio for a two-year term. 3(c) AGREEMENT FOR PROSECUTORIAL SERVICES THIS AGREEMENT is entered into by and between the CITY Or PASCO, hereinafter referred to as "Pasco," and Bell, Brown & Rio, PLLC, hereinafter referred to as "Prosecutor," for the purpose of providing prosecutorial services for the City of Pasco. 1. PROSECUTOR SHALL: A. Provide complete municipal misdemeanor, gross misdemeanor, and civil infraction prosecutions for all cases tiled in the Pasco Municipal Court and other related services including: I. Arraignment Docket representation 2. Incarceration Docket representation 3. Negotiation of sentences and forfeiture orders of the Court 4. Bench Trials and hearings 5. Pre-trial hearings 6. Jury Trials and Trial Readiness Hearings 7. Post-trial motions and hearings 8. Appeals 9. Police Department day to day counsel and training as needed. (Prosecutors will e-mail the Police Chief and Patrol Captain with any concerns relating to police duties or functions. The Patrol Captain or Police Chief shall contact the Prosecutors if they would like to meet to discuss these concerns or provide training to the police department.) 10. Response to criminal-related questions from the public that cannot he answered by administrative staff. B. Be prompt in attendance for all required dockets, hearings and trials as outlined on the attached Exhibit "A," "Pasco Municipal Court Prosecutor Schedule." Such schedule may be changed from time to time to meet the needs of the Court upon mutual agreement of the parties. C. Designate a contact who shall be responsible for: I. Complaint review and response 2. Review and evaluation of quality of service 3. Periodic reports to the City administration D. Personally provide the prosecution services and divide the representation to ensure full-time coverage as well as substitute, conflict, and additionally required coverage to allow multiple actions to proceed when necessary, In the event Prosecutors wish to hire additional attorneys other than the signator to this Agreement to perform services, Prosecutors shall obtain advance approval from Pasco. This provision shall not apply in the event of unforeseen circumstances where Prosecutors are temporarily unable to perform. Prosecutors shall be responsible for assuring that qualified attorneys are present in Court at all times necessary. E. Use established practices and policies to recommend utilization of alternatives to incarceration as appropriate. Such alternatives shall include but not be limited to electronic home monitoring, work crew, etc. Prosecutors shall obtain Pasco's approval prior to implementing any program for alternate dispositions involving charitable contributions. F, Satisfy the minimum requirements for practicing law in Washington as determined by the Washington Supreme Court and shall complete seven hours of continuing legal education within each calendar year in courses relating to prosecution. 2. PASCO SHALL: A. 'Maintain a City Prosecutor's Office with office space available for the prosecutor at least ten hours per week. B. Employ a full-time Legal Assistant on-site at the City Prosecutor's Office providing: 1. Case management and file maintenance 2. Subpoena issuance and return of service 3. Witness contact 4. Docket preparation C. Employ a part-time clerical assistant for correspondence and document preparation. D. Pay all subpoena and service costs and costs of required reports for prosecution. E. Pay to Prosecutor the sum of Nine Thousand Two-Hundred Fifty Dollars ($9,250) per month for the first year and Nine Thousand Five-Hundred Dollars ($9,500) per month for the second year. Payments shall be due on or before the I O`n day following each calendar month. Payments shall be prorated for partial month. Renegotiation of the terms of this agreement upon the following occurrences: (1) there is a Washington Court Rule amendment that results in a procedural change in court proceedings, or (2) there is a change in Court Docket/Schedule as outlined in Exhibit "A." In addition, Prosecutors shall be paid the surn of Seven Hundred Fifty Dollars ($750) for each case appealed (except for any case noted for reconsideration at the trial court level), However, if a court of appeals grants the Prosecutor's motion to dismiss for "Want of Prosecution," then there shall be no charge to the City for the appeal. Prosecutors shall provide an invoice to Pasco upon completion of any appeal work. Prosecutorial Services Agreement—Page 2 3. TERM: The term of this Agreement shall be for two (2) years, beginning July 1, 2010, and ending June 30, 2012. Either party may terminate this Agreement after one (1) year upon sixty (60) days written notice. 4. CASELOAD: In the event the workload (as indicated by number of case filings and number of represented cases) exceeds the prior year's workload by fifteen percent (15%) or more, Prosecutors may request additional compensation. If no agreement is reached concerning said additional compensation, Prosecutors may terminate this Agreement upon ninety (90) days written notice. 5. INDEPENDENT CONTRACTORS: Prosecutors shall be independent contractors and not employees of Pasco. 6. INSURANCE AND INDEMNIFICATION: During the term of this Agreement, the Prosecutors shall maintain errors and omissions insurance coverage and shall include anyone else acting for or on behalf of the Prosecutors in the performance of this Agreement as an additional named insured on any such policy. Such insurance shall be obtained from any insurance company authorized to do business as such in the State of Washington, and shall have policy limits of Two Hundred Fifty Thousand Dollars ($250,000,00) or more. At the time of commencement of the performance of services hereunder, the Prosecutors shall submit evidence that such insurance is in force and that such insurance will not be canceled without first giving thirty (30) days written notice to the City of Pasco. CITY OF PASCO Gary Crutchfield, City Manager Date PROSECUTOR Michael J Rio, Attorney at Law Date Bell, Brown & Rio, PLLC Prosecutorial Services Agreement—Page 3 Exhibit "A" PASCO MUNICIPAL COURT PROSECUTOR SCHEDULE Traffic Pre-Trials Monday 8:30 am to 12:00 pm* i 1:30 pm to 5:00 pm Pre-Trials Arraignment Tuesday 8:30 am to 12:00 pm 1:30 pm to 5:00 prn In-Custody Jury-Trials Wednesday 10:00 am to 12:00 pm 9:00 am to 5:00 pm oven days In-Custody In-Custody Arraignment/ Probation Violation 10:04 am to 12:00 pm Thursday 1 :30 pm to 3:30 pm or as needed Trial Readiness 9:00 am to 12:00 pm odd days E Friday Motion 9:00 am to 12:00 pm even days *Currently, two prosecuting attorneys are scheduled for Monday am docket; Subject to change. Prosecutorial Services Agreement—Page 4 AGENDA REPORT FOR: City Council May 24, 2010 TO: Gary Crutchfic City Manager Workshop Mtg.: 6/14/10 Regular Mtg.: 6/21/10 FROM: Denis Austin, +C'hief of Police SUBJECT: Interagency Agreement for Summer School Services I. REFERENCE: 1. Proposed Interagency Agreement II. ACTION REQUESTED OF COUNCIL STAFF RECOMMENDATIONS: 6/14: Discussion 6/21: MOTION: I move to approve the Interagency Agreement with the Pasco School District for summer school services and, further, authorize the Mayor to sign the agreement. III. FISCAL IMPACT: Pasco School District Funds - $13,836 IV. HISTORY AND FACTS BRIEF: A) School Resource Officers (SRO) are full-time uniformed police officers primarily dedicated to providing law enforcement resource services to assigned schools and surrounding neighborhoods. The School District has requested an extension of the SRO services for the 2010 Summer School at Pasco High School. Normally, SRO services are not provided during summer months. The School District has summer school programs at Pasco High School, Chiawana High School, New Horizons High School, Ochoa Middle School, and Stevens Middle School. As a proactive measure, the School District has requested SRO services for up to eight hours each day of summer school. There are 24 summer school days from June 21" to July 23rd. SRO's are assigned to work normal patrol duties when school is not in session. B) The proposed Interagency Agreement is effective June through July 2010,. and provides two School Resource Officers for the 2010 Summer School. The School District will reimburse the City for the salary and fringe benefits costs for two officers during 24 days of summer school. The School District presented the proposed Agreement to the School Board on June 8, 2010. The School Board approved the Agreement and payment for the services. The City Council's approval of the Agreement is all that is required for the Police Department to proceed on schedule. 3(d) INTERAGENCY AGREEMENT Between Pasco School District No. I And City of Pasco, Washington This agreement, pursuant to Chapter 39.34 RCW is made and entered into by and between the Pasco School District No. 1, hereafter referred to as the "District" and the City of Pasco, a municipal corporation of the State of Washington, hereafter referred to as the "City," No special budget or funds are anticipated, nor shall be created. It is not intended that a separate legal entity be established to conduct this cooperative undertaking, nor is the acquiring, holding, or disposing of real or personal property other than as specifically provided within the terms of this Agreement, anticipated, The Chief of Police of the City of Pasco, Washington, shall be designated as the Administrator of this Interlocal Agreement. This Agreement shall be filed with the Franklin County Auditor, or alternatively listed by subject on either parties' website or other electronically retrievable public source. It is the purpose of this agreement to; 1. Enhance the safety and security of students, teachers, staff, and visitors and provide patrol of the various campuses of the District located within the City of Pasco, Washington. 2. Provide for the presence of armed and uniformed City Police Officers both inside and outside the school buildings on selected campuses of the District during certain school hours in support of such safety and security and the maintenance of a secure and peaceful learning atmosphere. 3. Provide for prevention, intervention, and prompt effective enforcement by the City's Police Department in situations involving, but not limited to: a. Maintenance of order b. Use, possession, or sale of illegal drugs and alcohol on school premises c. Crimes against persons d. Crimes against properly C. Any other situations or activities which require the intervention of law enforcement officers; and 4. Provide for participation by police officers in the educational activities and role modeling to foster and enhance knowledge of and respect for law enforcement and law enforcement officers by students and the community. 5. Provide positive and supportive interface between law enforcement representatives and the District's substance abuse and harassment prevention efforts including, but not limited to Natural Helpers, Student Assistance Teams, Anti-Harassment and Bullying Project and other intervention and prevention efforts by the District. Interagency Agreement between Pasco School District No. I and the City of Pasco. Page I of 6 It is therefore mutually agreed that: 1. Statement of Work. The City shall furnish the necessary personnel and services and otherwise do all things necessary for and incidental to the performance of the work stated herein. The City shall: a. Assign two full-time uniformed police officers for eight consecutive hours each day from 07:30 AM to 3:30 PM to provide School Resource Officer services at specific schools June 21 — July 23, 2010 (except July S, 2010) in accordance with the following schedule. I New horizons High School: June 21 —July 16, 20I0 Monday— Friday ii. Ochoa Middle Schools: June 21 — July 16, 2010 Monday— Friday iii Stevens Middle School: June 21 —July 16, 2010 Monday — Friday iv. Chiawana High School: June 21 — July 16, 2010 Monday — Friday v. Pasco High School: June 28 —July 23, 2010 Monday — Friday One SRO will be assigned to Chiawana High School beginning June 2151. The second SRO will cover duties at the remaining schools for the first full week of classes. The second SRO will be assigned to Pasco High School beginning June 28`n Both officers are responsible for responding to incidents at the other schools as needed during the overlap period. Each SRO shall make certain that the Administration at their assigned school is notified when they are required to respond to another school. Generally, the quickest way to get an SRO to respond to an alternate school will be to call the Franklin County Emergency Dispatch Center and request an SRO be sent to the incident at a specific school. Except in incidents where a particular SRO may have prior knowledge or involvement in a specific case or other extenuating factors, the on-duty police supervisor will designate which SRO responds. Office space shall be provided as available at each school for the use of the School Resource Officer. Such office shall be equipped with one office desk and chair, and one locking cabinet. The City shall provide a lockable cabinet capable of securing police department equipment when not in use by the officer. b. Cooperate with the District to provide training and education to each assigned officer to insure effective communication and interrelation with the school community and its students, C, Cooperate with the District to monitor and evaluate the effectiveness of the assigned officers and the program; d. Meet as needed during the academic year with the District's representative (as designated by the District) to evaluate the effectiveness of the program; e. Cooperate with the District's representative to investigate and report on any complaints regarding the conduct of an assigned officer, share fully, as permitted by law, with the District's representative all results of such investigations for the Interagency Agreement between Pasco School District No. 1 and the City of Pasco. Page 2 of 6 purpose of responding to each complaint and cooperate to resolve each complaint. Provided, that it shall be the responsibility of the District to respond to any complaint the District received from a student, parent or patron of the District and communicate the results of any investigation to such person or persons. 2. Terms and Conditions. All rights and obligations of the parties to this agreement shall be subject to and governed by the terms and conditions contained in the text of this agreement. 3. Period of Performance. Subject to its other provisions, the period of performance of this agreement shall commence on June 21, 2010 and be completed on July 23, 2010 With July 51" scheduled off, unless terminated sooner as provided herein. The principal shall be responsible for notifying the Chief of the City's Police Department of the school calendar, schedule of events and activities, and any changes in the same. The principal shall determine the specific hours when an officer shall be present within the limits set forth in Section l.a_ of the Agreement. 4. Payment. The District shall reimburse the City for its expenses in employing two officers for 344 hours as follows: a. For June 21, 2010 through July 23, 2010, an estimated total of thirteen thousand eight hundred and thirty-six dollars (513,836). Actual amount will be determined by the parties based upon any negotiated wage increase between the City and the police officer's collective bargaining unit. The current wage rate with benefits is $40.22 per hour. 5. Billing Procedure. The City shall submit a monthly invoice or billing statement to the District. Payment shall be made to the City according to the regular procedures of the District. 6. Funding. If for any reason the District exhausts its budgeted funds for payment to the City for its services described herein or funds from any expected funding source become unavailable, the District shall notify the City and the obligations of the City shall immediately cease and this agreement terminate, unless the district otherwise assumes the obligations for the payment of services rendered by the Police Department. 7. Non-discrimination. In the performance of this agreement, the District and the City shall comply with the provisions of Title Vi of the Civil Rights Act of 1964 (42 USC 200d), Section 504 of the Rehabilitation Act of 1973 (29 USC 7904) and Chapter 49.60 RCW, as now and hereafter amended. Both shall not, except as they may be specifically allowed by laws to do so, discriminate on the grounds of race, color, national origin, sex, religion, marital status, age, creed, Vietnam-Era and Disabled Veterans status, or the presence of any sensor, mental, or physical handicap. In the event of non-compliance by either party or refusal to comply with the above provisions this agreement may be rescinded, canceled, or terminated in whole or in part. The non- complying party shall, however, be given a reasonable time in which to cure this non- Interagency Agreement between Pasco School District No. 1 and the City of Pasco. Page 3 of 6 compliance, Any dispute may be resolved in accordance with the "Disputes" procedure set forth herein. S. Records Maintenance. The City shall maintain books, records, documents and other evidence that sufficiently and effectively reflect all direct and indirect cost expended in the perfonnance of the services described herein, These records shall be subject to inspection, review or audit by the personnel of both parties, other personnel authorized by either party, the Office of the State Auditor and federal officers, if any, so authorized by law. The City and District shall retain all books, records, documents, and other materials relevant to this agreement for five (S) years after expiration. The office of the State Auditor, federal auditors, and any persons authorized by the parties shall have hall access and the right to examine any of these materials during this five-year period. 9. Responsibilities and Authority of School Administrator. The principal or other administrator designated by the District is responsible for the supervision and daily operations of the school shall, subject to the lawful exercise of the officer's law enforcement responsibilities, schedule, assign and direct the officer's duties under this agreement. The principal is responsible for the investigation of non-criminal incidents that occur at or are related to the school. If the principal finds that he or she or any individual is in physical danger, the principal may request the law enforcement officer to assist him or her. In the case of a search of student property for the violation of District rules or other administrative reasons, the school principal or designated administrator or District employee will conduct the search. Once the principal has reason to believe that a crime has been or may be committed, the principal or other designated administrator shall request the law enforcement officer to assume responsibility. The building administrator shall have the responsibility to contact and report to parents and patrons regarding activities and findings of the law enforcement officer, where appropriate. 10. Indemnification. Each party shall defend, protect and hold harmless the other party from and against all claims, suits and/or actions arising from any negligent or intentional act or omission of that party's employees or agents while performing under this agreement, IL Agreement Alterations and Amendments. The District and the City may mutually amend this agreement. Such amendments shall not be binding unless they are in writing and signed by the personnel authorized to bind the District and the City. 12. Termination. Except as otherwise provided in this agreement, either party may terminate this agreement by providing sixty (60) days advance written notification to the other party of their intent to terminate the agreement. If this agreement is so terminated, the tenninating party shall be liable only for performance, in accordance with the terms of tlus agreement for performance rendered prior to the effective date of termination. 13. Savings. Should any portion of this agreement be declared illegal, the balance of the agreement shall remain in full force and effect to carry out the purposes of this agreement. Interagency Agreernent between Pasco School District No. 1 and the City of Pasco. Page 4 of 6 14. Disputes. In the event that a dispute arises under this agreement, it shall be resolved in the following manner: The Director of Educational Services of the District shall appoint a member to the Dispute Board. The Pasco Chief of Police shall appoint a member to the Dispute Board. The Director of Educational Services and the Pasco Chief of Police shall jointly appoint a third member to the Dispute Board. That person shall act as chairperson, convene the Dispute Board and cause a determination of the dispute, arrived at by a majority of the Board, to be rendered in a timely manner. The determination of the Dispute Board shall be final and binding on the District and the City. 15. Notices. Any notices required herein or related hereto shall be delivered in writing to the District at: Pasco School District No.1 Attn.: Executive Director, Operations 1215 West Lewis Street Pasco, WA 99301 And to the City at: Pasco Police Department Attn: Chief of Police 525 North 3`d Avenue Pasco, WA 99301 16. All Writings Contained Herein. This agreement contains all the terms and conditions agreed to by the parties. No understandings, oral or otherwise, regarding the subject matter of this agreement shall be deemed to exist or to bind any of the parties to this agreement. Interagency Agreement between Pasco School District No. 1 and the City of Pasco. Page 5of6 In Witness whereof, the parties have executed this agreement effective this day of 2010. City o#'Vasco: Pasco School District Na. 1 Mari Watkins Saul Martinez ,Mayor, Pro-Tem President, Board of Education Attest: Debbie Clark Saundra L. Hill City Clerk Superintendent Approved as to Form Leland Kerr John Morgan City Attorney Executive. Director, Operations Sarah Thornton School District Counsel Interagency Agreement between Pasco School District No. 1 and the City of Pasco. Page 6 of 6 2010 Summer School Cost Estimate 052410 June 21 - July 23, 2010 (exr,ept July 5, 2QI0) ALL SUMMER SCHOOLS Number of Officers (June 21 - July 16) 2 Number of Officers (July 19 - July 23) 1 Hourly Rate with Benefits per Officer $ 40.22 Number of Hours Each School Day 8 School Days @ PHS, CHS, OMS, SMS, NHS 19 Additional School Days @ PHS 5 Number of Officer Hours (June 21 - July 16) 304 Number of Officer Hours (July 19 - July 23) 40 Estimated Cost (June 21 - July 16) $ 12,226.88 Estimated Cost (July 19 - July 23) $ 1,608.80 TOTAL COST FOR SUMMER SCHOOL SRO $ 13,835.68 AGENDA REPORT 413 FOR: City Counci June 10, 2010 TO: Gary Crutchi K Manager FROM: Michael McS pie, City Engineer Workshop Mtg.: 06/14/10 Regular Mtg.: 06/21/10 SUBJECT: Argent Road Design Standard; 20`t' Avenue to Morasch Lane 1. REFERENCE(S): 1. Vicinity Map 2. CBC Letter 3. Port Letter 4. Cross Section 5. Proposed Resolution II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 06/14: Discussion 06/21: MOTION: I move to approve Resolution NoZ3)5 I adopting the proposed cross section of Argent Road between 20'x' Ave and Morasch Lane as a development standard for that section. III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: The Port of Pasco, in developing their Airport Business Center located west of 20`" Avenue and north, of Argent Road and across from Columbia Basin College, has requested that long term improvement plans for the City's right of way be adopted in order to avoid future conflicts between building improvements and road improvements. The proposed configuration would expand the current two and three lane roadway between 20'h Avenue and Morasch Lane to a five lane arterial configuration with 7' bike lanes, 8' landscape strips and 5' sidewalks on both sides of the road. In order to accommodate the proposed cross section, the right of way along Argent Road will need to be expanded from 80 feet to 100 feet. Both the Port of Pasco and Columbia Basin College have indicated they each are willing to dedicate 10 feet of additional right of way to accomplish this. 3(e) a, I - :�-� � ��� � �� ,l �— ._ - Sri •- — .7 '' VICINITY MAP I n: _ 'tow t ' "• r �� . ,. CFC Orri,. Aganf Ykbr�wg 1 � WIN a. F SCNG rd PASCO C T-Y HALL A COMMUNITY OF LEARNING RECEIVED Columbia Basin College JUN 0 3 2010 BUILDING FUTURES FOR CHANGINGTIME1 IOAPMGER'S OFFICE June 2, 2010 Mr. Stan Strebel Deputy City Manager City of Pasco 525 N 3rd Pasco, WA 99301 Subject: Argent Road Standards near Tri-Cities AirporYCBC Dear Stan: As you are aware, The Port of Pasco is beginning to develop the Airport Business Center located west of 20"' Avenue and north of Argent Road across from Columbia Basin College. At this point, we would like to add our support and approval of the long term improvements planned for Argent Road. The purpose of this letter is to set forth our position so that we can avoid future conflicts between building improvements and road improvements. Columbia Basin college has met with staff from the City's public works department and The Port of Pasco to develop the attached cross section proposed for future widening of Argent Road between 20t' Avenue and the 1-182 overfly/Morasch Lane intersection. The road would change from the existing 2- or 3-lane configuration to a 5-lane arterial configuration with bike lanes, landscape strips, and sidewalks on both sides of the road. To accommodate the new improvements, the right-of-way along Argent Road would need to be widened from 80-feet to 100-feet. We understand that The Port is willing to dedicate 10-feet of property along the north side of Argent road to the City for the expanded right-of- way. Columbia Basin College is also willing to dedicate 10-feet of right-of-way along the south side of Argent. If this proposal is acceptable to you, we would appreciate a letter or City resolution affirming the attached cross section as the future standard for Argent Road between 20th Avenue and the 1-182 overfly/Morasch Lane intersection. 2600 North 20th Avenue Pasco,WA 99301 Phone:(509)547-0511 Fax:(S09)546-W1 www.columbiabasin.edu Thank you for your consideration and continued partnership with Columbia Basin College. Please let me know if you have any questions or need additional information. Sincerely, Willia E. Saraceno Sr.V ce President of Administration Enclosure: Port of Pasco Concept Drawing ��;; PO RT O F 904 E.P.O. ox 69 PASCO C1�i� F-'rAl_:. .Box 769 P E C E I VE D PAsco,WA 99301 RAV S �O PHONE 509.547.3378 ,.-� ` r,, c� ?? FAx 509.547.2547 EconOUKVrraIWMrtand1VAI ortauon JUN 0 2 L010 portcE asc�rtofpaqco.org PORT COMMISSIONERS: CITY MANAGER'S O.E. "Ernie"Boston OFFICE James T.Klindworth William G.Clark June 1,2010 r� EXECUTIVE VIRECTUR: James E.Toomey Mr. Stan Strebel Deputy City Manager City of Pasco 525 N 3rd Pasco,WA 99301 Subject: Argent Road Standards near Tri-Cities Airport/CBC Dear Stan: The Port of Pasco is beginning to develop our Airport Business Center located west of 20'h Avenue and north of Argent Road across from Columbia Basin College. As we move closer to leasing the ground to potential tenants, we would like to memorialize the long term improvements planned for Argent Road so that we can avoid future conflicts between building improvements and road improvements. We have met with staff from the City's public works department and Columbia Basin College to develop the attached cross section proposed for future widening of Argent Road between 20`h Avenue and the 1-182 overfly/Morasch Lane intersection. The road would change from the existing 2- or 3-lane configuration to a 5-lane arterial configuration with bike lanes, landscape strips, and sidewalks on both sides of the road. To accommodate the new improvements, the right-of-way along Argent Road would need to be widened from 80-feet to 100-feet. The Port is willing to dedicate I 04 of property along the north side of Argent road to the City for the expanded right-of-way. We understand that Columbia Basin College is also willing to dedicate 10-feet of right-of-way along the south side of Argent. If this proposal is acceptable to you, we would request a letter or City resolution affirming the attached cross section as the future standard for Argent Road between 20"' Avenue and the I-182 oycrfly/Morasch Lane_intersection. Thank you for your consideration and continued partnership with the Port. Please let me know if you have any questions or need additional information. Sincerely, W^ d` Toomey, ,x cutive Director d-Vfuitc.1012.04 airyon business PIA-MOCAWleritrebel•l.doc EQUAL OPPORTUNITY EMPLOYER r plupul NOT TO SCALE ARGENT ROAD WIDENING 20TH AVENUE TO I-182 OFF RAMP 100' RIGHT-OF-WAY 0' .EXISTING RIGHT-OF-WAY 12' 12 12' 12 12' 2-WAY TRAVEL TRAVEL LEFT TRAVEL TRAVEL S' 7' LANE LANE TURN LANE LANE 7 5 IpEWALK LANDSCAPE BIKE LANE BIKE LANDSCAPE SID EWAL LANE LANE TYPICAL CROSS SECTION RESOLUTION NO. 51 A RESOLUTION adopting the proposed cross section of Argent Road between 201h Avenue and Morasch Lane as a development standard for that section. WHEREAS, the City of Pasco desires to avoid future conflicts with the development of the fort of Pasco Airport Business Center; and WHEREAS, Columbia Basin College has indicated their support of the proposed road configuration; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHUgGTON, DO RESOLVE AS FOLLOWS: Section 1: The Pasco City Council hereby adopts the proposed firture cross section of Argent Road, between 20"' Avenue and Morasch Lane to be five 12-feet travel lanes, two 7-feet bike lanes, two 8-feet landscape strips, and two S-feet sidewalks, as a development standard to be applicd to that road section. Section 2. This Resolution shall become effective upon its adoption. Passed by the City Council of the City of Pasco this 21 st day of June 2010. Matt Watkins, Mayor ATTEST: APPROVED AS TO FORM: Debra L. Clark, City Clerk Leland B. Kerr, City Attorney AGENDA REPORT NO. 14 FOR: City Council June 4, 2010 T0: Gary Crutchficl anager Robert J. Albert u i Works Director FROM. Michael McSt M, City Engineer Regular Mtg.: 06/21/10 SUBJECT: Accept 2009 Street Overlays, Project 409-3-03 I. REAFERENCE(S): 1. Resolution II. ACTION REQUESTED OF COUNCIL/ STAFF RECOMMENDATIONS: 06/21: MOTION: E move to approve Resolution No s:kaccepting the work performed by Granite Northwest, Inc. under contract for the 2009 Street Overlays, Project 909-3-03. HI. FISCAL IMPACT: Street Overlay Fund IV. HISTORY AND FACTS BRIEF: A) On March 16, 2009, Council awarded the 2009 Street Overlays, Project #09-3-03 to Granite Northwest, Inc. in the amoLuit of$575,760,35. V. DISCUSSION: A) The final project cost was $602,342.20. The overage was due to additional patching and paving on Jan Street and Pearl Street. The work is now complete and staff recommends acceptance of this work. 3(f) RESOLUTION NO. �7 A RESOLUTION ACCEPTING WORK PERFORMED BY GRANITE NORTHWEST, INC. UNDER CONTRACT FOR THE 2009 STREET OVERLAYS, PROJECT #09-3-03. WHEREAS, the work performed by GRANITE NORTHWEST, INC., under contract for the 2009 Street Overlays, Project 409-3-03, has been examined by Engineering and has been found to be in apparent compliance with the applicable project specifications and drawings, and WHEREAS, it is Engineering recommendation that the City of Pasco formally accept the contractor's work and the project as complete; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, that the City Council concurs with Engineering recommendation and thereby accepts the work performed by Granite Northwest, Inc. under contract for the 2009 Street Overlays, Project 409-3-03 as being completed in apparent conformance with the project specifications and drawings, and Be It Further Resolved, that the City Clerk is hereby directed to notify the Washington State Department of Revenue of this acceptance, and Be It Further Resolved, that the final payment of retainage being withheld pursuant to applicable laws, regulations and administrative determination shall be released upon satisfaction of same and verification thereof by the Public Works Director and Finance Manager. PASSED by the City Council of the City of Pasco this 21 st day of June, 2010. Matt Watkins Mayor ATTEST: APPROVED AS TO FORM: Debra L. Clark Leland B. Kerr City Clerk City Attorney GENERAL FUND OPERATING STATEMENT THROUGH MAY 2010 CASH BASIS YTD %OF YTD TOTAL % OF 2010 2010 ANNUAL 2009 2009 TOTAL ACTUAL BUDGET BUDGET ACTUAL ACTUAL ACTUAL REVENUE SOURCES: TAXES: PROPERTY 2,806,326 5,850,000 48.0% 2,730,989 5,746,237 47.5% SALES 3,327,968 7,700,000 43.2% 2,992,033 7,903,866 37.9% UTILITY 3,322,622 7,615,000 43.6% 3,348,301 8,408,836 39.8% OTHER 452,500 1,015,000 44.6% 488,354 1,200,322 40.7% LICENSES & PERMITS 1,008,746 1,020,200 98.9% 747,408 1,586,917 47.1% INTERGOV'T REVENUE 415,340 1,710.017 24,3% 279,541 1,841,103 15.2% CHARGES FOR SERVICES 1,017,636 2,807,220 36.3% 1,066,967 2,559,213 41.7% FINES & FORFEITS 300,972 927,700 32,4% 342,673 1,012,084 33.9% MISC. REVENUE 246,916 733,700 33.7% 272,849 831,708 32.8% OTHER FIN. SOURCES 12,500 94,000 13.3% 12,500 281,602 4.4% TOTAL REVENUES 12,911,526 29,472,837 43.8% 12,281,615 31,371,888 39.1% BEGINNING CASH BALANCE* 6,134,923 6,000,000 6,845,445 6,845,445 TOTAL SOURCES 19,046,449 35,472,837 53.7% 19,127,060 38,217,333 50.0% EXPENDITURES: CITY COUNCIL 49.728 116,525 42.7% 47,074 113,372 41.5% MUNICIPAL COURT 498,668 1,240,853 40.2% 473,567 1,271,360 37,2% CITY MANAGER 337,630 889,415 38.0% 303,952 846,087 35,9% POLICE 4,197,401 10,763,443 39.0% 4,295,560 11,113,466 38,7% FIRE 1,621,018 4,174,624 38.8% 1,665,479 4,183,650 39.8°/a ADMIN & COMMUNITY SVCS 1,966,778 5,315,423 37,0% 1,936,763 5,359,879 36,1% COMMUNITY DEVELOPMENT 423,502 1,035,931 40.9% 487,462 1,144,900 42,6% ENGINEERING 418,600 1,136,332 36,8% 530,466 1,247,386 42.5% MISC, NON-DEPARTMENT 1,703,436 4,197,325 40.6% 1,432,720 5,554,601 25.8% LIBRARY 504,212 1,300,875 38.8% 504,800 1,247,709 40.5% TOTAL EXPENDITURES 11,720,973 30,170,746 38.8% 11,677,843 32,082,410 36.4% ENDING CASH BALANCE 5,302,091 6,134,923 TOTAL EXPEND AND END CASH BAL 35,472,837 38,2 AVAILABLE CASH BALANCE 7,325,T77-6- 7,44 ,217 PERCENTAGE OF BUDGET ALLOCATED FOR 5 MONTHS 41.7% •Authorized but non-budget expenditures of 898,750 (cumulative)which will effectively reduce the ending fund balance. These statements have been adjusted to the Cash Basis of Accounting to provide an available cash balance at month end. The City's CAFR is prepared using the Accrual Basis of Accounting. These statements are intended for Management use only 6(b) AGENDA REPORT NO. 15 FOR: City Council Date: 06/02/2010 TO: Gary Crutchfield; Cit er c FROM: Michael McSha&itt. Engineer Workshop: 06/14110 Regular: 06/21/10 SUBJECT: Six-Year Transportation Improvement Plan 2011 - 2016 1. REFERENCE(S): 1. Proposed.Plan 2. Resolution 3. Map 11. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDA'T'IONS: 06114: Discussion 06/21: Conduct Public Hearing 06121: MOTION: 1 move to approve Resolution No. thereby adopting the City's Six-Year Transportation Improvement Plan for 2011 - 2016. III. FISCAL IMPACT: None IV. HISTORY AND BRIEF FACTS: A) Each year, all Cities and Counties in the State are required to adopt an updated Six-Year Transportation Improvement Plan specifically for federal and state funded projects. For the City of Pasco, this plan has consisted of all projects including the annual overlays, street widening, and signal projects which are within the City limits. Larger projects such as the Lewis Street Overpass also have been shown. B) The proposed six-year program represents those projects that are anticipated to be needed within six years. Several projects will need to be coordinated with utility projects which could change the actual timing of the projects. Although this process of adopting a six-year plan is a state requirement, the Council will again review the projects in the Six-Year C.I.P. process and the budgeting process. While the worksheets presented by staff include a potential funding source, many of the projects listed will be dependent upon available funding. In addition, staff will be pursuing available grants from the various funding programs. Staff recommends the plan be presented at a public hearing on June 21, 2010, and that Council adopt the plan by resolution. 7(a) City of Pasco — FINAL Six Year Transportation Improvement Plan Year 2011 -2015 Project Name Location Project Cost Potential Funding Sources Year 2011 a) 2011 Overlays Various City Streets $900,000 Overlay Fund b) Miscellaneous Street Projects Various Locations $50,000 Arterial Street Fund 1. Lewis Street Overpass Design & RfW At BNSF $3.0 Million Federal/State/Arterial Street 2. Rd 68 1 Argent Road Design Rd 68 /Argent $30,000 Arterial 3. 1-182 Corridor Improvements Study 1-182 Corridor Rd 76 to Rd 52 $150,000 Local 4. SR12 Interchange Tank Farm Road $10,000 Local 5. Harris Road Realignment Broadmoor Blvd and Sandifur $250,000 LID Year 2012 a) 2012 Overlays Various City Streets $900,000 Overlay Fund b) Miscellaneous Street Projects Various Locations $50,000 Arterial Street Fund c) Miscellaneous Traffic Signal Upgrades Various Locations $100,000 Arterial Street Fund 6. Foster Wells/SR-395 Interchange Foster Wells & SR-395 $20,000 Arterial Street Fund (Impact Fees) 7. Argent Road Widening 20th Ave to 1-182 Ramp $250,000 LID 8. Rd 68 1Argent Improvements Rd 68 and Argent $400,000 Arterial Street, TIB, Federal 9. Powerline Road Rd 68 to Rd 100 $1 Million Local (Impact Fees) Year 2013 a) 2013 Overlays Various City Streets $1 Million Overlay Fund b) Miscellaneous Street Projects Various Locations $50,000 Arterial Street Fund 10. Lewis Street Overpass At BNSF $25 Million Federal/State/Local 11. Road 100 & Argent Road Traffic Signal Road 100 & Argent Road $160,000 12. Road 100 Improvements Chapel Hill to Court Street $600,000 TIB $498,000, Arterial Street Fund $102,000 13. Sandifur Parkway (Rd 52 to 60) Road 52 to Road 60 $200,000 Arterial Street Fund (Impact Fees) 14. Lewis & Clark One Way Couplets 2nd Ave to 10th Ave $2 Million Local 06/17/2010 Page 1 oft Year 2014 a) 2014 Overlays Various City Streets $1 Million Overlay f=und b) Miscellaneous Street Projects Various Locations $50,000 Arterial Street Fund c) Miscellaneous Traffic Signal Upgrades Various Locations $100,000 Arterial Street Fund 15. 1-182 Off Ramp Argent and Rd 52 $2 Million Federal/State/Local 16. Chapel Hill Extension Rd 84 to Rd 68 $800,000 Local 17. Sacagawea Heritage Trail Rd 52 to Rd 72 $850,000 Federal/State/Local 18. Rd 68 and Court Street RA / TS Rd 68 to Court Street $220,000 Local (Impact Fees) 19. Crescent Road Rd 1081 FCID Pipeline (Canal) $150,000 Local with Latecomers or LID (CIF) Year 2015 a) 2015 Overlays Various City Streets $1 Million Overlay Fund b) Miscellaneous Street Projects Various Locations $50,000 Arterial Street Fund 20. Road 84 & Chapel Hill Traffic Signal Road 84 & Chapel Hill $190,000 Federal STP $164,000, Arterial Street Fund $26,000 21. Court Street Widening Road 44 Westerly $600,000 TIB $400,000, Federal STP $200,000 22. Rd 76 - Argent to Chapel Hill Rd 76 to Chapel Hill $400,000 Local 23. Road 44 & Burden Traffic Signal Road 44 & Burden Blvd. $160,000 Arterial Street Fund Year 2016 a) 2016 Overlays Various City Streets $1 Million Overlay Fund b) Miscellaneous Street Projects Various Locations $50,000 Arterial Street Fund c) Miscellaneous Traffic Signal Upgrades Various Locations $100,000 Arterial Street Fund 24. Lewis St. & Heritage Ave Traffic Signal Lewis St. & Heritage Intersection $190,000 Federal STP $164,000, Arterial Street Fund $26,000 25. Heritage Ave. & "A" St. Traffic Signal Heritage & "A" Street intersection $190,000 Federal STP $164,000, Arterial Street Fund $26,000 26. 1-182 Off and On Ramps @ Road 52 1-182 and Road 52 $3 Million Federal $2.6 Million, Local $400,000 27. Burden Road 1-182 On-Ramp Road 76 and Burden Blvd $5 Million Federal $4 Million, State $1 Million 06/17/2010 Page 2 of 2 RESOLUTION NO. A RESOLUTION adopting the revised and extended Comprehensive Street, Storm Drain and Bridge Programs for the City of Pasco. WHEREAS, RCW 35.77.010 provides for annual revision and extension of the Comprehensive Street Program of each city and town, after holding public hearings thereon; and WHEREAS, it is now time to revise and extend the Comprehensive Street, Storm Drain and Bridge Programs; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, That the City Council of the City of Pasco hereby adopts the revision and extension of the Comprehensive Street, Storm Drain and Bridge Programs for the ensuing six years as attached hereto and labeled "Six-Year Transportation Improvement Plan 2011 - 2016" incorporated by this reference as though fully set forth herein; and Be It Further Resolved, that the Comprehensive Street, Storm Drain and Bridge Programs shall be filed Arith the Benton-Franklin Regional Council and the State of Washington. PASSED by the City Council of the City of Pasco this 21st Day of June, 2010. Matt Watkins Mayor ATTEST: APPROVED AS TO FORM: Debra L. Clark Leland B. Derr City Clerk City Attorney SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR 2011 - 2016 - - TTY LWTS ti 6 FOSTER WE=RD t b 19 BURDEN SCALE:NTS � , 22I—_r � sT. IRiuEfls 1 I I 2,8 ` .L = = 13,26 I ARGEIPI /f I Tj - J f i Q \ Cpl 7 U Y g J a 7 SYI.vwSTBR s R J 1,10 a � 1 A STREET 23 �'S c0 4 R)18 �4 \ PROJECT DESCRIPTION PROJECT DESCRIPTION R f NUMBER NUMBER V' 1 LEAS STREET'OVERPASS DESIGN k R/D 13 I-182 OFF RAMP 2 RD 08/ARGENT ROAD DESIGN _ 16 CHAPEL Hr[L EIMMON 3 I-182 CORRIDOR DOPROVEYENIS STUDY 17 SACAGAIEA HERITAGE TRAIL 4 4 SR-10 INTERCHANGE 18 ID BR&COURT STREET RA/T8 S HARRIS ROAD REAIJGNMENT if CRESCENT ROAD 4' 8 FOSTER 11RLL9/911-308 DMRCHANGE 20 ROAD 84 k CHAPEL®.L TRAFFIC SIGNAL 47 7 ARGENT ROAD 1IIDENIIiG 21 COURT STREET WIDENING 8 ID7 68/ARGENT INPROVEYEN7S 22 RD 70-ARGENT TO CHAPEL HILL ! g POVERIM ROAD 23 ROAD 44&BURDEN TRAFFIC SIGNAL { t0 h LERIS STREET OVERPASS 24 LEWIS Sr.k HERITAGE AVE TRATIIC SIGNAL � 11 ROAD 100 k ARGENT ROAD TRAFFIC SIGNAL 21i HERITAGE AVE. t'A'ST.TRAFFIC SIGNAL 12 ROAD 100 BUROVEMHMI'S 26 I-102 OFF AND ON RAMPS A ROM 62 NOTES td SAPIDIFOA PARKWAY (RD{i2 TO 00) 27 $URDEN ROAD I-182 ON-RAMP I.A IOGI10115 OF M WILL HIMRMI;,WIC.f A ILT$IGNAL SIfEET OYR8AY5, IA LORIS A CLARK ONE WAY COUPLETS AND SOAR IIIPf0Y0EN15 rift BE Of,IERNINID ON A URIt OAiE. AGENDA REPORT FOR: City Council ' June 10, 2010 TO: Gary Crutchfie (�iManager Z" / Workshop Mtg.: 6,114/10 Rick White, Co ty & Economic Development Regular Mtg.: 6/21/10 Director FROM: Mitch Nickolds, Inspection Services Manager Community & Economic Development Director SUBJECT: CODE AMENDMENT: Adopting legislative amendments to the State Building Code - - - 1. REFERENCE(S): I. Proposed Ordinance 11. ACTION REQUESTED OF COUNCIL/ STAFF RECOM-NWN-DATIONS: 6/14: DISCUSSION 6/21: MOTION: I move to adopt Ordinance # amending Title 16 and 3 of the Pasco Municipal Code pertaining to adoption of legislative amendments to the State Building Code and authorize publication by summary only. III. FISCAL IMPACT: NODE IV. HISTORY AND FACTS BRIEF: A. The Washington State Legislature adopted revisions to the International Building and Fire Codes in 2009. The Washington State Building Code Council has established new regulations following this adoption. These regulations are designed to address specific regional issues and conditions throughout the state. B. The City of Pasco adopted the State Building Code in 1998. Due to the State's adoption of the most recent International Codes, we must amend our local building codes for accuracy and compliance. These amendments involve the Building, Plumbing, Gas Installations, Housing, Ventilation and Indoor Air Quality, Moving Buildings, Mechanical, Swimming Pool, and Fire Codes in PMC Title 16. C. In Title 3, the City has established its own fee schedule. Due to numerous code amendments over the past six (6) years, there are references and fees that are no longer applicable. There is a minimal effect on the permit fees now in place. $(a) ORDINANCE NO. AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON AMENDING TITLE 16 AND TITLE 3 OF THE PASCO :MUNICIPAL CODE, REGARDING THE ADOPTION OF THE STATE BUILDING CODE AND INTERNATIONAL AND UNIFORM BUILDING CODES AND REMOVAL OF CERTAIN INAPPLICABLE BUILDING PERMIT FEE REFERENCES. WHEREAS, for the purpose of enforcing the regulations of the City of Pasco, to require compliance with accepted building construction, improvement, modification and safety standards, procedures and practices it is necessary to amend Title 16 of the Pasco Municipal Code AND, for the purpose of updating certain fee information and removing references to certain building permit fees that are no longer applicable or collected, it is necessary to amend Title 3 of the Pasco Municipal Code; and, WHEREAS, the State of Washington revised the State Building Code regulations governing the construction, improvement, modification and safety of buildings; and, WHEREAS, revisions and modifications to the State Building Code require that the City amend Title 16 of the Pasco Municipal Code to adopt said revised building law and regulation; and, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON,DO HEREBY ORDAIN AS FOLLOWS: Section 1. That the Chapter headings of Title 16 of the Pasco Municipal Code be and the same is Hereby amended to read as follows: TITLE 16 BUILDINGS AND CONSTRUCTION CHAPTER 16.04 BUILDING CODE CHAPTER 16.05 IMPERVIOUS SURFACES CHAPTER 16.06 UTILITY SERVICE REQUIREMENTS FOR BUILDING PERMITS CHAPTER 16.08 PLUMBING CODE CHAPTER 16.12 GAS INSTALLATIONS CHAPTER 16.16 HOUSING CODE CHAPTER 16.18 ENERGY CODE CHAPTER 16.19 VENTILATION AND INDOOR AIR QUALITY CODE CHAPTER 16.20 DANGEROUS BUILDING CODE CHAPTER 16.24 HOUSE AND BUILDING NUMBERING CHAPTER 16,28 MOVING BUILDINGS CHAPTER 16.32 MECHANICAL CODE AND FUEL GAS CODE CHAPTER 16.36 SWIMMING POOL; SPA, AND HOT TUB CODE CHAPTER 16.40 FIRE PREVENTION AND PIRR CODE Section 2. That Chapter 16.04 of the Pasco Municipal Code be and the same is hereby amended to read as follows: CHAPTER 16.04 BUILDING CODE Sections: 16.04.010 ADOPTION OF STATE BUILDING CODE, INTERNATIONAL BUILDING CODE AND STANDARDS 16,04.011 BUILDING OFFICIAL- BUILDING INSPECTOR 16.04.020 SUBSTITUTION FOR IBC SECTION X44 113 16.04.035 ADDITION OF IBC SECTION 108.3.1 16.04.040 FEE SCHEDULE 16.04.050 AMENDMENT OF IBC SECTION 110.1 16.04.060 ADDITION OF IBC SECTION 110,5 16.04.070 ADDITION OF IBC SECTION 110,6 16.04.090 ADDITION OF IBC SECTION 1103 I6.04.130 AMENDMENT OF IBC SECTION 403.1 16.04.210 AMENDMENT OF IBC SECTION 1805.1 16.04.240 AMENDMENT OF IBC SECTION 1209.2 16,04.2 80 DELETION OF UBC APPENDIX SECTION I 1 l Repealed 16.04.010 ADOPTION OF STATE BUILDING CODE, INTERNATIONAL BUILDING CODE AND STANDARDS. The City of Pasco hereby adopts the State Building Code (RCW 19.27) as thereinafter amended by the Washington State Building Code Council published as Chapter 51-30, Washington Administrative Code, and all provisions thereof applying throughout Title 16 of the Pasco Municipal Code, and adopts by reference, the 200-39 International Building eCode and Appendices H, I and J thereof, International Building Code Standards, InternaliQn l Existia Building QQdQ. International Residential Code and Appendix J thereof as published by the International Code Council as thereinafter amended, and all buildings hereinafter erected or constructed, enlarged, repaired, moved, removed, demolished, or converted shall be done in conformity with the provisions of said Codes, except as expressly provided herein. 16.04.011 BUILDING OFFICIAL - BUILDING INSPECTOR. (1) The "Building Official," as used in the International Building Code, shall be the city manager or that person acting as the chief administrative officer for the City. The Building Official may delegate by written order all or any portion of the powers of enforcement that he may have as the Building Official or as a `Building Inspector". He may delegate to another person in writing the power to sub-delegate all or any portion of the power he has delegated to that person. The persons receiving delegated powers may have or may be given various titles, but any person delegated the authority to enforce the building code shall also be known as a building inspector, (2) Whenever any portion of the Pasco Municipal Code uses the terms "Building Official" or "Building Inspector," they shall have the same meaning as set forth herein and the same powers of delegation shall apply unless the context thoroughly indicates another meaning. (3)The power of enforcement shall include the power to arrest, but the Building Official or his designee shall particularly specify in writing that the power to arrest is included in any delegation or sub-delegation of the power of enforcement. Nothing herein shall limit the authority police officers have to make arrests. (4) Any person delegated the power to enforce shall be an authorized officer for the purpose of issuing a complaint in Municipal (police) Court unless specifically directed otherwise in writing. Ordinance Amending Title 3 and Title 16 Page 2 16,04,020 SUBSTITUTION FOR IBC SECTION 14-2 113. Section 14-2 113 of the International Building Code shall be amended to read as follows: Section 44-2 113. Board of Appeals. In order to determine the suitability of alternate materials and methods of construction and to provide for reasonable interpretation of the provisions of this code, there shall be and is hereby created a Board of Appeals, to be known as the Mid-Columbia Building Appeals Commission, consisting of seven (7) members who are qualified by experience and training to pass upon matters pertaining to building construction. The Board of Appeals shall be jointly appointed by the Mayors of Pasco, Kennewick, Richland, West Richland,Benton City, and the Chairmen of the Boards of County Commissioners of Benton and Franklin Counties. The membership of the Board shall consist of a representative of Franklin County, a representative of Benton County, a civil engineer, an architect, a general contractor, a specialty contractor and a fire specialist. The term of membership on the Board shall be for a period of five (5) years. The Building Officials of each appointing agency shall be ex officio members of the Board and shall serve as Secretary of the Board on a rotating basis. The Board shall adopt reasonable rules and regulations for conducting its investigations and shall tender all decisions and findings in writing to all the Building Officials and Fire Chiefs with a duplicate copy to the appellant and may recommend to the City Cotmcils and/or Boards of County Commissioners such new legislation as is consistent therewith. 16.04.035 ADDITION OF IBC SECTION 108.3.1. 109.2.1 Section 109.3.1 109.2.1 of the International Building Code shall be added and shall read as follows: Sec. n t� 109.2.1 Plan Review Fees. When the valuation of the proposed construction exceeds ten thousand dollars ($10,000) and a plan is required to lie submitted; a plan-review fee of sixty-five percent (65%) of the construction permit fee shall be paid to the Building Official at the time of submitting plans and specifications for checking. EXCEPTION: BuildiW inmit applications for c4,nstruction of new R-3 occupancies require only a twenty-five dollar (S25) plan-review fee. Plan-review fees for all buildings, other than group R-3 Occupancies, shall be sixty-five percent (65%) of the building permit fees, Where plans are incomplete, or changed so as to require additional plan-review, an additional plan-review fee shall be charged at a rate established by the Building Official not to exceed sixty-five percent(65%) of the value of the building pen-nit fee. 16.04.040 FEE SCHEDULE. Permit fees shall be determined in accordance with Section 3.07.030 (B) of the Pasco Municipal Code. In addition to the fees enumerated in Section 3.07,030 (B) of this Code, all buil in permits shall include a State Building Code Council fee of four dollars and fifty cents ($4.50), 16,04,050 AMENDMENT OF IBC SECTION 110.1. 111.1 Section 110:1- 111.1 (a) of the International Building Code shall be amended to read as follows: Sec. 110.1. 111,1 Use or Occupancy. No building or structure in Groups A to R-4 U inclusive, shall be used or occupied, and no substantial change in the existing occupancy classification of a building or structure or portion thereof shall be made; until the Building Official has issued a Certificate of Occupancy therefore as provided herein. 16,04.060 ADDITION OF IBC SECTION 1 10.5. 111.5 A new section, Section 110.5 ] 11.5 is hereby added to the International Building Code and shall hereinafter be codified as Section 16.04.060 of the Pasco Municipal Code as follows: Posting. The Certificate of Occupancy shall be posted in a conspicuous place on the premises and shall not be removed except by the Building Official; provided, that in the case. of R-3 Occupancies, such certificate need not be conspicuously posted but shall be available for inspection of the Building Official upon request. Ordinance Amending Title 3 and Title 16 Page 3 ]6.04.070 ADDITION OF IBC SECTION 110.6. A new section, Section 11$6 111.6, is hereby added to the International Building Code and shall hereinafter be codified as Section 1 6.04.070 of the Pasco Municipal Code as follows: Section 110.6 111.6. Effective date upon which Certificates of Occupancy shall be required for Group R-3 Occupancies. All buildings or structures falling within the R-3 classification as defined in Section 310.1 of the International Building Code, for which building permits are issued after the c ifective date of this ordinance, shall not be used or occupied until the Building Official has issued a Certificate of Occupancy as provided in Section 110. 111.2 of the International Building Code as amended by PMC 16.04.050. All other Certificates of Occupancy shall be required it-respective of when such building permits were issued. 16.04.090 ADDITION OF IBC SECTION 110 111.7. Section 14-07111.7 is hereby added to the International Building Code and shall hereinafter be codified as Section 16.04.090 of the Pasco Municipal Code as follows: Section 47111.7. Obligation of the Parties. In the event of a violation of Section 16.04.050 and 16.04.070 above provided, it shall be presumed as a matter of law that the person or persons who obtained the building permit or permits for the construction of the dwelling in question caused or allowed the occupancy of the dwelling in violation of the above stated provisions. Further, it shall be a violation of this code for any person or persons to cause or allow the occupancy of a dwelling within categories R-3 by any third person or persons, where no Certificate of Occupancy has first been issued. won-40 ,I }flplibilit T �3 -a Oeeupaneie - 8iieh-b!H- Willp ]cvwesF level of Tire Department vehicle access shall-oan rm--to-.the reg - af this sew add+tian-�,-o4her applicable requirements of this Code. (Ord. 3670 See. 2, 20G4; Off.-313 -S�e 16.04.210 AMENDMENT OF IBC SECTION Q r�1808.1. Section 1905 11808.1 of the International Building Code shall be amended to read as follows: Section 1805. 8,1 Footings and Foundations: General. Footings and foundations, unless otherwise specifically provided, shall be constructed of masonry, concrete, or treated wood in In all cases, footings and foundations shall extend below the frost line; the minimum frost line depth shall be twenty-four(24) inches. Footings of concrete and masonry shall be twenty-four(24) inches. Footings of concrete and masonry shall be of solid material; any hollow core masonry unit foundation that exceeds twenty-four (24) inches vertical height shall have all cores filled to a minimum of six (6) inches above finish grade with mortar or other material acceptable to the administrative authority, Foundations supporting wood shall extend at least six (6) inches above the adjacent finish grade. 16.04.240 AMENDMENT OF IBC SECTION 1209.2. Section 1209.2 of the International Building Code shall be amended to read as follows: Section 1249.2 Attic Spaces: Access. An attic access opening shall be provided in the ceiling of the top floor of buildings with combustible ceiling or roof construction. The opening shall be located in a corridor, hallway, or garage of an R-3 occupancy and in the corridor or hallway of any other occupancy. The opening shall be not less than twenty-two (22) inches by thirty (30) inches. Thirty (30) inch minimum clear headroom shall be provided above the access opening. Attics with a maximum vertical clear height of less than thirty (30) inches need not be provided with access openings. Ordinance Amending Tide 3 and Title 16 Page 4 i � 0,1.6,0n.� O D�m f BT_t � - 2, , X04--Soc. 14, Section 3. That Chapter 16.05 of the Pasco Municipal Code be and the same is hereby amended to read as follows: CHAPTER 16.05 IMPERVIOUS SURFACES Sections: 16.05.010 PURPOSE 16.05.020 IMPERVIOUS SURFACES DEFINED 16,05,030 PERMIT REQUIRED 16.05.040 EXEMPTIONS 16.05.050 DRAINAGE REQUIREMENTS 16.05.010 PURPOSE. The purpose of this chapter is to protect the public health, safety and general welfare of the citizens of the City of Pasco by regulatnrg the surface drainage of private properties within the City through the use of a permit system. 16.05.020 IMPERVIOUS SURFACES DEFINED. For the purpose of this chapter, "impervious surfaces" shall mean any asphalt concrete, cement concrete, or other substance rolled, laid, poured, or otherwise installed to create a layer of material upon the ground which does not absorb water or through which water cannot drain into the underlying ground, 16.05.030 PERMIT REQUIRED, It is unlawful for any person to install any impervious surface improvement upon private property within the City of Pasco without first obtaining a building permit authorizing such improvement from the Building Inspector, except as provided in Section 16.05.040 or as may be otherwise provided for within the Pasco Municipal Code. Application for such permits shall be made on forrns supplied by the Community Development Department, shall include a site sketch depicting proposed direction of surface drainage and location of components or methods to be used to drain the impervious surface. 16.05.040 EXEMPTIONS. The provisions of this chapter sliall not apply to impervious surfaces in the following instances: (1) To be installed in conjunction with a new ar-existin single-family residence. (2) q:he. . ,.. 1;i;1.111 d..,,,1 6 . F „a square feet, 16.05.050 DRAINAGE REQUIREMENTS. An impervious surface improvement shall be designed to drain, confine and/or impound storm water or site-generated water within the private property upon which the improvement is to be located. The Building Inspector shall detennine the adequacy of all plans and methods for the drainage or proposed impervious surface improvements. Ordinance Amending Title 3 and Title 16 Page 5 Section 4. That Chapter 16.08 of the Pasco Municipal Code be and the same is hereby amended to read as follows: CHAPTER 16.08 PLUMBING CODE Sections: 16.08.010 UNIFORM PLUMBING CODE, ADOPTED 16.08.015 ADOPTION OF STATE DELETED SECTION OF UPC 16.08.020 PERMIT FEES 16.08.030 BOARD OF APPEALS 16.08.080 PLUMBING FIXTURES REQUIRED 16.08.090 FUEL GAS PIPING 16.08.100 VIOLATION -PENALTIES 16.08.010 UNIFORM PLUMBING CODE, ADOPTED. The Uniform Plumbing Code, 2901 2009 Edition, and the Uniform Plumbing Code Standards, published by the International Association of Plumbing and Mechanical Officials, as amended by the Washington State Building Code Council and published as Chapters 51-26 and 51-27, Washington State Administrative Cade is adopted as the Plumbing Cade of the City except as hercinaller amended, and provided that . Chapter 12 regarding guik4ng-Sewera aid Fuel Gas Piping of the Uniform Plumbing Code are is not adopted. 16.08.015 ADOPTION OF STATE DELETED SECTION OF UPC;: Uniform Plumbina Code Chanter 7, Part lI as published in the 2009 International Plumbing Code is hereby adopted. 16.08.020 PERMIT FEES. The schedule of fees contained in Table 1-1 in Chapter 1 of the Uniform Plumbing Code is repealed and the fee schedule as set forth in Section 16.04.040 of the Pasco Municipal Code is adopted in its place. 16.08.030 BOARD OF APPEALS. Section 102.4 of the Uniform Plumbing Code is repealed and the Board of Appeals as set forth in Section 16.04.020 of the Pasco Municipal Code is adopted in its place. 16.08.080 PLUMBING FIXTURES REQUIRED. Each building shall be provided with sanitary facilities as prescribed by the adopted International Building Code and Unifomt Plumbing Code. Every basement shall be provided with at least one (1) floor drain and backflow preventer. The floor drain is to be located in either the utility room,bathroom or furnace room. 16.08.090 FUEL GAS PIPING. Chapter 12 of the Uniform Plumbing Code is repealed in its entirety. 16.08.100 VIOLATION - PENALTIES. It is unlawful for any person, firm, or corporation to violate any of the provisions of this chapter. Every person found in violation of any provision shall be punished by a fine of not more than five hundred dollars ($500). Each firm or corporation found in violation of any provision of this chapter shall be punished by a fine of not more than five hundred dollars ($500). For any violation of a continuing nature, each day's violation shall be considered a separate offense and shall subject the offender to the above penalties for each offense. Ordinance Amending Title 3 and Title 16 Page 6 Section 5. That Chapter 16.12 of the Pasco Municipal Code be and the same is hereby amended to read as follows: CHAPTER 16.12 GAS INSTALLATIONS Sections: 16.12.030 SCOPE 16.12.160 GAS APPLIANCE INSTALLATION - PERMIT REQUIRED INSPECTION FEES 16.12.230 PERMIT AND INSPECTION FEES FOR WORK ON GAS TRANSMISSION AND/OR DISTRIBUTION SYSTEM 16.12.350 ADOPTION OF STANDARDS BY REFERENCE 16.12.030 SCOPE. All gas appliances or gas pipes hereafter sold, installed, maintained, or repaired within the City limits shall conform to the requirements of the 28842009 International Mechanical Code as adopted by the City. All gas transmission and/or distribution systems hereafter constructed, installed, operated, and maintained within the City shall confon n to the requirements of this chapter. 16.12.160 GAS APPLIANCE INSTALLATION - PERMIT REQUIRED INSPECTION FEES. No person shall install any gas appliance to house piping in any building or structure without first obtaining a permit to do such work from the City. Persons failing to obtain a permit before starting work on the installation, alteration., or repairs of any gas equipment except as otherwise provided shall be required to pay double the fee herein specified when such permit is finally secured. The payment of such double fee, however, shall in no way relieve the person of the penalties otherwise provided for the violation of this chapter. i. Appliance inspection fee, permit fee shall be based on the value of improvement, using permit fee schedule as stated in Section 16.04.040 of the Pasco Municipal Code. th el e ze-•-inspeeti -tee-shall be the same as A new permit for piping inspection shall be required for a consumer's premises which already has been piped for gas, but in which no.gas has been used for a period of twelve (12) consecutive months or more. When a permit is issued to connect an appliance to an existing stub or outlet, no additional fee will be charged for ptl)tn Inspection. T r�s:~ V Shc A�11 AY 1J 1443-Z-A t- C..*-k-..1N,.,ji/5nGs_the eAlg- � A faT pip T4 YT be eaheewd- 16.12.230 RIGHT-OF-WAY WORK PERMIT —S S FOR WORK ON GAS TRANSMISSION AND/OR DISTRIBUTION SYSTEM. Therefore sur6h a peFm shall be five doll. _ ; the city engineer shall make inspections to make certain that the provisions of this chapter are complied with and the expenses of the same shall be paid by the gas company upon a bill therefore being submitted by the city engineer before the gas company is released from its bond. 16.12.350 ADOPTION OF STANDARDS BY REFERENCE. The following, and as the same also may hereafter be amended, are adopted by reference and shall be observed: (1) Appliances: (a) 2003, 2009 International Mechanical Code, 244 2009 International Fuel Gas code, 288 2008 NFPA 58 Liquefied Petroleum Gas Code, and 282 2006 NFPA 54 National Fuel Gas Code. (2) Gas transmission and distribution system: (a) The American Standard Code for Pressure Piping, Section 8, Gas Transmission and Distribution Piping Systems (ASA B 31.1-1955). (b) The State rules and regulations of the Washington Public Service Commission applicable to gas transmission and/or distribution utilities and safety standards and rules and regulations of the State Department of Labor and Industries. Ordinance Amending Title 3 and Title 16 Page 7 Section 6. That Chapter 16.16 of the Pasco Municipal Code be and the same is hereby amended to read as follows: CHAPTER 16.16 HOUSING CODE Sections: 16.16.010 INTERNATIONAL PROPERTY 11NIAlNTENANCE CODE 16.16.010 INTERNATIONAL PROPERTY MAINTENANCE CODE. The International Property Maintenance Code, 2W43 2009 Edition, prepared by the International Code Council, as thereinafter amended or revised, is adopted by the ECity as its official Housing Code. Section 7. That Chapter 16.18 of the Pasco Municipal Code be and the same is hereby amended to read as follows: CHAPTER 16.18 ENERGY CODE Sections: 16.18.020 PERMIT FEES 16.18.030 BOARD OF APPEALS 16.18.020 PERMIT FEES. Every applicant for a permit to do work regulated by this code shall pay for each permit, at the time of application, a fee .._ - e• ;' - I '- -- 19" 0-1F Building r: as adopted by the Pasco Municipal Code in Section 16.04.040. 16.18.030 BOARD OF APPEALS. In order to determine the suitability of alternative materials and methods of construction and/or installation and provide for reasonable interpretation of the provisions of the Energy Code, the Board of Appeals, created pursuant to Section 445--113 of the 2893 2009 International Building Code as amended by Section 16.04.020 of the Pasco Municipal Code, shall hear appeals and make determinations arising out of or in connection with the decisions of the building official. When it is claimed that the provisions of this code do not apply or that the true intent or meaning of this code has been misconstrued or wrongly interpreted, the applicant may, within thirty(30)days of the decision, appeal to the Board of Appeals. Section 8. That Chapter 16.19 of the Pasco 'Municipal Code be and the same is hereby amended to read as follows: CHAPTER 16.19 VENTILATION AND INDOOR AIR QUALITY CODE Sections: 16.19.020 PERMIT FEES 16.19.030 BOARD OF APPEALS 16.19.020 PERMIT FEES. Every applicant for a permit to do work regulated by this code shall pay for each permit, at the time of application, a fee as A h iB Sree�ien 14r, of Code as Adopted by the Pasco Municipal Code in Section 16.04.010. Ordinance Amending Title 3 and Title 16 Page 8 16.19.030 BOARD OF APPEALS. In order to determine the suitability of alternative materials and methods of construction and/or installation and provide for reasonable interpretation of the provisions of the ventilation and indoor air quality code, the Board of Appeals, created pursuant to Section 4-14 113 of the 2003 2009 International Building Code as amended by Section 16.04.020 of the Pasco Municipal Code, shall hear appeals and make determinations arising out of or in connection with the decisions of the Building Official. When it is claimed the provisions of the code do not apply or that the tare intent or meaning of this code has been misconstrued or wrongly interpreted, the applicant may,within thirty days of the decision, appeal to the Board of Appeals. Section 9. That Chapter 16.20 of the Pasco Municipal Code be and the same is hereby amended to read as follows: CHAPTER 16.20 DANGEROUS BUILDING CODE Sections: 16.20.040 AMENDMENT OF UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS,NEW SECTION 302(19) 16.20.040 AMENDMENT OF UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS. BUILDINGS, NEW SECTION 302 (19). Wherever.a building,_ structure or premises used or intended to be used for lawful dwelline oumoses, are occupied, visited or frequented by persons involved in criminal ganiz activity willfully enuaaing in gang related criminal conduct upon said premises, as established by the Pasco Police Department are determined by the Community & Economic Development Director, his designee or the Chief of Police, to constitute an attractive nuisance. exposing and subjecting the occupants of said property and occupants and residents of neighboring and proximate properties and premises to gang related violence.vandalism and other illegal conduct and criminal activity. Section 10. That Chapter 16.32 of the Pasco Municipal Code be and the same is hereby amended to read as follows: CHAPTER 16.32 MECHANICAL CODE AND FUEL GAS CODE Sections: 16.32.010 INTERNATIONAL MECHANICAL CODE, INTERNATIONAL FUEL GAS CODE, NFPA 58 LIQUEFIED PETROLEUM GAS CODE, AND NFPA NATIONAL FUEL GAS CODE, ADOPTED 16.32.010 INTERNATIONAL MECHANICAL CODE, INTERNATIONAL FUEL GAS CODE, NFPA 58 LIQUEFIED PETROLEUM GAS CODE, AND NFPA NATIONAL FUEL GAS CODE, ADOPTED. The a003 2009 International Mechanical Code, 24@4 2009 International Fuel Gas Code, 204 2008 NFPA 58 Liquefied Petroleum Gas Code, and 2@Q 2M NFPA 54 National Fuel Gas Code, as published by the International Code Council and the National Fire Protection Association, as thereafter amended or revised by the Washington State Building Code Council and published as Chapter 51-22 Washington Administrative Code, is adopted as the mechanical code of the City, except as hereinaller amended. Ordinance Amending Title 3 and Title 16 Page 9 Section 11. That Chapter 16.36 of the Pasco Municipal Code be and the same is hereby amended to read as follows: CHAPTER 16.36 SWIMMING POOL,SPA, AND HOT TUB CODE Sections: 16.36.0 10 ;'4T ORA4 SWIMMING POOL, SPA AND HOT TUB CODE, ADOPTED IFEENCES SUBSTITUTION FOR IRC SECTION AG 105.2 PARAGRAPH 1 16.36.030 NEW SECTION ADDED - ZONING REGULATIONS 16.36.010 UNIFORM 4 SWIMMING POOL, SPA AND HOT TUB CODE, ADOPTED. $wLi naing Pools, Spas and Hot Tubs Gadej 1 7 Edi6e=� Er�tr, it�tral As �.�t ,_ �..nn�_al- Ililid 1a �s ; published in the 2QQ9 International Residential Code_ as hereinafter amended or revised, is adopted by the City as its official swimming pool, spa and hot tub code, by reference therein. 16.36.020 � E=CIk " '' � SUBSTITUTION FOR IRC SECTION AG 105.2 PARAGRAPH 1 T.6 1 T ..,_tri� , "�' Ptael, Spa d.---;�Iu19 CO-A&449 is an n - - '�;~, 1. FENCES All outdooa- swimming pools shall be enclosed by a non-climbable fence or other approved barrier, such fence or alproyed barrier to be not less than five (5) feet in height and provided with a self-closing gate or gates equipped with a latch or locking device operable only from the pool side of the fence or by a locking device operable by a key only on the outside of the fence. Said fence or stnaewre barrier shall be no closer than three (3) feet from the water's edge on all sides of the p 001 , and the maximum vertical clearance between Prade and the bottom of the ban-ier shall not exceed two (2) inches, measured on the side of the fence or barrier which faces away from the swimming pool, spa or hot tub. 16.36.030 NEW SECTION ADDED - ZONING REGULATIONS. , 3}rrTr- Zf-1JIM_(1 1:1E61ji-XVI ' 1S (a) Any swimming pool located in any zone shall maintain the same front and side yard setbacks as required by the Zoning Ordinance for the main building, (b) Public and semi-public pools may be approved in a residential zone only after obtaining a special permit from the Board of Adjustment. Section 12. That Chapter 16.40 of the Pasco Municipal Code be and the same is hereby amended to read as follows: CHAPTER 16.40 FIRE PREVENTIONA.ND FIRE CODE Sections: 16.40.010 INTERNATIONAL FIRE CODE, ADOPTED 16.40.015 SUBSTITUTION FOR SECTION 108.1, OF THE IFC, APPEALS 16.40.020 AMENDMENT FOR CHAPTER 2 OF THE IFC_ SECTION 202 DEFINITIONS 16.40.030 AMENDMENT FOR SECTION 401.3.1 5 OF THE IFC, ALARMS I 4�?-Q_ -DG-PT 1 C1P aT ' DRLf_490 SECTWWS OF Tire- �-`-C-REPEALED Ordinance Amending Title 3 and Title 16 Pane 10 16.40.040 S�413ST4TU nQ , THE ADOPTIO-N OF STATE- DELIJTED SECTIONS OF THE IFC -CHAPTER 5 16.40.050 SUBSTITUTION FOR SECTION 3301.1.3 OF THE IFC - FIREWORKS 1640.055 nMFNT).MF14T FOR 9FOTION 309.4 OF T-B mr-*REPEALED 16.40.060 AME y�; ADDITION FOR OF NEW SECTION 491.4.4 5 3301.1.3.1, FIREWORKS PERMITS TO THE IFC 16.40.070 ADDITION OF NEW SECTION 3301.13.2 DISPLAY AGRICULTURAL AND WILDLIFE FIREWORKS AND SPECIAL EFFECTS TO THE IFC 16.40.080 ADDITION TO OF NEW SECTION 'iryt� 3301.1.3.3 AUTHORITY TO SEIZE FIREWORKS.TO THE IFC 16.04.090 ADDITION OF NEW SECTION 3301.1.3.4 LIABILITY INSURANCE POLICY REQUIRED, TO THE IFC 16.40.100 A'`"-''�'`' ON TO S&r'PON 3304.1 OF THE !FC AMENDMENT TO SECTION 109.3 VIOLATIONS AND PENALTIES.OF THE IFC 16.40.110 SUBSTITUTION T`ION FO SECTION 3305.1 OF T-14 stn REPEALED 16.40.120 A G T (AN :F(? i Ef-449f 92 96 1 QF 4R r> r+ REPEALED 16.40.125 . s'. I F FOR WROTASAI-fi '" PF r rrrT r, REPEALED 16.40.150 APPIT°rti r•- N TO 9Lf''T Tr04p; Q REPEALED 16.40.155 A-S ITS L in 38-113 O F TUE ;~REPEALED 16.40.160=' P�9 U1PM,1RNT- USE OUT811A 09Y AUTHORITY G9 P :F(71 4 REPEALED 16.40.165 MUTUAL AID AGREEMENTS REPEALED 16.40.180 VM.N--YdN8 RENALILES-REPEALED 16.40.010 INTERNATIONAL FIRE CODE, ADOPTED. (a)There is adopted by the City Council of the City, pursuant to the provisions of RCW 35.21.289 and RCW 19.27 for the purpose of prescribing regulations governing conditions hazardous to life and property from fire or explosion, that certain code and standards known as the International Fire Code, including Appendix Chapters A, B, C, D, E, F, (i-, being in particular the 2A83 2 09 editions thereof and the whole thereof, as amended by the Washington State Building Code Council and published as Chapters 51-34 and 51-35 Washington Administrative Code, save and except such portions as are hereinafter deleted, modified or amended, and the same are adopted and incorporated as fully as if set out at length herein and from the date on which the ordinance codified in this chapter shall take effect, the provision thereof shall be controlling within the corporate limits of the City. (b) It is the specific intent of the Fire Code of the City as herein adopted, modified and amended, to place the obligation of complying with its requirements upon the owners and occupiers of the buildings and premises within the scope, and no provision of nor any term used in this Fire Code is intended to impose any duty whatsoever upon the City or any of its officers or employees, for whom the implementation and enforcement of this Fire Code shall be discretionary and not mandatory. (c)Nothing contained in this Fire Code is intended to be nor shall be construed to create or form the basis for any injury or damage resulting from the failure of a building or any premises to comply with provisions of this Fire Code, or by reason or in consequence of any inspection, notice, order, certificate, permission or approval authorized or issued or done in connection with the implementation or enforcement of this Fire Code, or by reason of any action or inaction on the part of the City, related in any manner to the enforcement of this Fire Code by its officers, employees or agents. (d) It is expressly the purpose of this Fire Code to provide for and promote the health, safety and welfare of the general public, and not to create or otherwise establish or designate any particular class or group of persons who will or should be especially protected or benefited by the provisions of this Fire Code. Ordinance Amending Title 3 and Title 16 Page L I. 16.40.015 SUBSTITUTION FOR SECTION 108.1. OF THE IFC. Section 108.1. of the International Fire Code shall be omitted and the Board of Appeals as set forth in Section 16.04.020 of the Pasco Municipal Code is substituted in its place. �0 Section 108.1 Appeals. Whenever the Fire Chief or Community & Economic Development Director disapproves an application or refuses to grant a permit applied for, or when it is claimed that the provisions of this code do not apply, or that the true intent of the code has been misconstrued or wrongfully interpreted, the applicant may, within thirty (30)days of the decision, appeal that decision to the Mid-Columbia Building Appeals Commission as established under the Building Code. 16.40.020 AMENDMENT FOR CHAPTER 2 OF THE IFC. SECTION 202 Definitions of the following words and terms in Chapter 2 of the International Fire Code are amended.in Sections 202- C, 202-E, 202-F, and 202-J to include the following definitions: (a) Section 202-C "Chief' is the Chief Officer of the Pasco Fire Department or the Chiefs authorized representative and further means the person appointed by the City Manager (or that person's authorized representative) to administer and enforce the International Fire Code within the City of Pasco. (b) Seet4en 202 _V ashi>}� aid--tltc� ��'��-' ule�-end--R�g�l ��--fItallirrg-�l- at�c-�'l�i �trr�i Ecftki}n d-A n -rki ul )- ec�; ., �n r_ i^;,,u..,,.,r.., rk,r_a C; tl,,,...a ,ru,.;4;Ae eet:ng the-err . . �in-t1asl�ir �#�n State-Fire-u�t1 I ,-' RC 'r4.77: DEFINITIONS Section 202-J Jurisdiction. Means the City of Pasco. Jurisdictional area means that ten'itoYy included within the Pasco City limits. 16.40.030 AMENDMENT FOR SECTION 401.5 OF THE IFC. Section 401.5 of the International Fire Code is amended to read as follows: Section 401.5. It is unlawful for any_oerson, business or legal entity. having or conducting a private fire alarm system to transmit three (3) or more. false alarms within a ninety (90) day Veiiod. The owner of any residence, business or Premises in which said alarm system. exists, shall be responsible for payment of the City of Pasco of its reasonable costs for labor,equipment, fuel and materials, as determined by the Pasco Fire Chief, fbr a response by the Fire Department for the third and each subsequent false alann in a ninety (90) dU period. For the purposes of this section.the term "False Alarm"means the activation of a fire alarm because of accident, malfunction or an inadvertent activation, at a time when no fire exists on the premises. 16.40.035 ADOPT1ON OF STATE DBI-eET4�D �><r.r9,a_rsa.1.-.t&d_REPEALED 16.40.040 'T� Tr1(!N POR SECTION ..'O THE TF= ADOPTION OF STATE- DELETED SECTIONS OF THE LFC - CHAPTER 5 and _507-> _508-5.1 Ai'1E17e 1r-1rernf9j6n0l bare aeAe Insiallatkin. The • , lyrarrl eoreel-to-k v�tttar-tttfl,ls i w i $ a^-�z liTru+ ft give b�qkant:5 shall�c�is2E 'dmie—t the sae H r is-in- on-g-nmia;l An44ncko . ' , e-,4tnb1tshed by th-&--Pa-scc „+k;,, #++ . `�7i433 ?3ti fire hydFarA, .,1,.1i :...,rn}1 .,+ R.:, h� l.t _. A n 4.,,aJ��_.I.-,..+ at f , _F.c,a.�s:, �#kdticc -� q a r1PI' �rnoorrru�EZnr vrr[ac � ear-Schools, Cl7uyl}es;--ls ;,. 4, , ., , buildin e l Ordinance Amending Title 3 and Title 16 Page 12 feet of .. , L 13f# -s{k1m f tell--mr a 1 be s .l ��_�. .:�, _ �.._,_:n _ ti W 146.pi t ee r dr l -feet,-C'hUtpr 5 Sections 503.1. 503.1.1. 503-1.1503,1.3, 503.1 503.3. 503.4 as published in the 2009 Intemational Fire Code-ire hereby adopted. 16.40.050 SUBSTITUTION FOR SECTION 307.1 OF T-14E WC C 3301.1.3 OF THE IFC — FIREWORKS all be 74,44 and WAG --'1 T nfa 19 1.c. +4 16.40.055 AMENDMENT FOR SECTION 308.4 QF THE if-C;. Seetian 908.4 ef the intemational F'irc {-sk - &- #� taw ttll+Fw �{ } � ti4:i - is F� k T6 - 6 .-tern...Rjipp4 Amg gtj3af ffieffibfaaes shell be in , Seer-44-,49,98-.) Section 3301.1.3 of the International Fire Code is hereby amended to read as follows: Section 3301.1.3 FIREWORKS: Except as herein provided, it shall be unlawful for any_uerson to store, offer for sale, expose for sale or use,possess, fire, or dischar a any fireworks. The Fire Chief shall have the authority to adopt reasonable rules and regulations for the granting of hermits for supervised public display of fireworks by the municipality, fair association, amusement parks, and other organizations. Every such display shall be handled by a competent operator approved by the Fire Chief. Every operator shall have first obtained a Washington State Pyrotechnic license pursuant to RCW 70.77.305 and WAC Chapter 212-17. The display shall be of such a character, and so located, discharged or fired as in the opinion of the Fire Chief after proper inspection, shall not be hazardous to property or endanger any person. Violation of this subsection shall constitute a civil infraction punishable by a civil penalty not to exceed two hundred and fifty dollars ($250.00) for each violation. EXCEPTION: Any person having the neces a licenses from the State of Washington m y t ssess n cwt iarework.s in the Cif fPasco at an approved location properly zoned therefore. for the purpose of the distribution of such fireworks for retail sale outside the city limits. 16.40.060 SBGT�9N 4W-4.1 OF THE 1 ADDITION OF NEW SECTION 401.34 5 3301.1..3.1 FIREWORKS PERMITS,TO THE IFC. Section 4013.1 - , ir, unillw4d . � Of Ie.,Qp3l emily, alam System e-- .,t h ;a' . of.(11ij Cit- W'I'a" or416-t i; dt, by Chief-, "��'�r`1:ice r,ty +a...... "False r. is w I� i d) y T�F'�#�' sk6$i;�-rv�srr-ru�+�r-rrel�7i�i��ait;�-rnc alma , iii-at-,[t time when no fife enist&e"4he rnmises, . 33 i6 See, 3301.1.3.1 of the International Fire Code is hereby added to read as follows: Section 3301.1.31 FIREWORKS PERMITS: Application for hermits re.auired for a public display of fireworks originating within City of Pasco municipal boundaries shall be made in writing at least fifteen (151da),s in advance of the display. No mgr arited hereunder shG.11 be ;,rp isferable. Ordinance Amending Title 3 and Title 16 Page 13 16.40.070 ADDITION OF NEW SECTION 3301.1.3,2 TO THE IFC. Section 3301.1.3.2 of the International Fire Code is hereby added and shall read as follows: Section 3301.1.3.2 Display, Agricultural and Wildlife Fireworks, and Special Effects: No person may sell, discharge, or possess in the City of Pasco, any of the following except with a permit and iri thLmannerprovided b}law: (1) "Display fireworks"as defined in RCW 70.77.131 and WAC 212-17-040. (2) "Agricultural and Wildlife Fireworks"as defined in RCW 70.77,141 and WAC 212-17-045. (3) "Special effects"as defined in RCW 70.77.146. (Ord. 5046 Sec. I (part), 2004) (4) "Articles rotechnic special effects for entertainment media"as defined in RCW 70.77.535. 16.40.0$0 ADDITION TO OF NEW SECTION 22^209.1 3301,1.3.3 94Z TO THE IFC. Section ^120'._1. P„+.,Y.l:,.Z,.•...a.m.► P..f"1:.,..ie... ,z E1:r+r;.:,+„ .,,1,:..1, nk a, .,a :F......Y "10S,1 1 C'taFj 'R@ .�,.# �f-TNQ '"1` , , ppt)bjbj(ed ;R 41- 12, 2 _ - 3301.1.33 the International Fire Code is hereby ay dded and shall read as follows: Section 33013.33 AUTHORITY TO SEIZE FIREWORKS: Any member of the Pasco Police or Fite Department is hereby authorized and empowered to scize, take, remove; or cause to be removed at the ex ense of the owner any and all stocks of fireworks offered or exposed for sale stored, or transported,or held_in violation of this article. 16.40,090 ADDITION OF NEW SECTION 3301.1.34 LIABILITY INSURANCE POLICY RE UIRED TO THE IFC Section 3301.1.3.4 of the International Fire Code is hereby added and shall read as follows: Section 3301.1.3,4 LIABILITY INSURANCE POLICY REQUIRED The applicant for a permit for a public display of fireworks shall file with the Fire Department a copy- of public liability and Property damage insurance policy providing coverage with minimum limits as specified in RCW 70,77.295: however,the holder of general license from the chief of the Washington State Patrol, through the director of fire protection and upon compliance with RCW 70.77.355, shall be excused from compliance with this subsection. 16.40.100 A DP49N AMENDMENT TO SECTION 109.3 VIOLATIONS AND PENALTIES. 4:9 SPA-,1210N 1.1 OF THE IFC, Section M04.1 of the fel tien 3304,1.1. Est;k+li5 of imiss of is eon- (4 ea clustrial ,-(0 6744 See. 12, ? r4, 33 16 See, 14, 109.3 of the 2009 International Fire Code is amended to read as follows: Section 109.3 Violations —Penalties: Any person, firm or corporation violating a provision of this chapter which is not also a violation of any other provisions of this Title or the codes adopted thereby, or shall fail to comply with the requirements thereof or who shall erect, install, alter, repair, or do work in violation of the approved construction documents or direction of the fire official or of a pennit or certificate used under the provisions of this cha ter or operate r maintain an occupancy, premises, or vehicle subiect to this chapter who allow a hazard to exist or fail to take immediate action to abate a hazard on such occupancy, premises, or vehicle when ordered to do so by the fire code official, shall be 2WIty of a gross misdemeanor. Each day that violation continues after due notice has been served, shall be deemed a separate offense. 16.40.110 ., i- the i r.,.....,tion.,1 Rw,-. Code ' raim d ,...a iht G;.l w4 .qhu l'be-Hu" f� eA in im� p!aee— ?eli =e , Sschrarg"-Yf4i.F Fps 11 x 9'1i tli it - trr4 t 3C ep by--s CI-1,2 (tieav dal as Y per 1e, _ ltio Ta,.";ed ....I 14-14—_P. li&r-, [iC27 0-00) For eh . alati.,., EXCH "I !()Nl (a) The use of fire...4k-. b ..:t.. ...1, ,.,cL.vr� ,il'�. :!I„ .,r:_n x ll..l '1.T,-3 l or r'�1 in rye vi ii 1.l :—s i�)c Ordinance Amending Title 3 and Title 16 Page 14 fir° cri trl� FU ' iked- iabk- ..- ., _....,., —....,_ r;._ 6 safbty reqi.�irements -as-set forth h+ -irk the.sen ds--for--pull -di lay. ha r -REPEALED 16.40.120 ADDITION-T- 0 EC`ION 3305.1 OF THE EUC,.-Seet�.l of a- u r''84e i: heFelw aid-a haI4 d-;sic lbws: cti-n 3345.1,1 Insut ce- 7047,71295; csuxt . REPEALED 1- T MMret ;`--lo few fetail iale outside tha eity liffika. "Gefflmmi r) t # erjrj Ch, 79.717 RC—W, as amended [Feif time ' REPEALED 16.40450 ADDITION TO SECTION 3404.1 OF THE W-G. Sesiien 3404.1.4 Rstablis,._�_j2.44* pi�44144S in- t ...1 m.a 1=3he C,.11 All. and , Ved1�.f$ '°'�a '�.,j=5`gF�l'2YY1lL"TJ 67381.4TT.1f31'.TR�.T4�FFT""7�71[ air'rrrie�`F,E3£e° Hf-usfT 12— iy=uidiac`tp;a4), AG--(Atp-wuhuF4)i°-R.T,' The Chief imay allow sw iidta#sipwk #-tr1c t m REPEALED 15 ADDITION ' 3 80 1.1 OF THE . s-��sla�a�i�t-�>�-� kib �s A 17 .iis 1-1 'i ;Ulf rat- REPEALED 16.40.160 FIRE F5QUIPAHNIT - R84" appffat L , L REPEALED Ordinance Amending Title 3 and Title 16 Page 15 16,40.165- 1I9 4 h� M1 4P AG1-�� l �l'' 'Pie Mayor and d4peeti,d �h•e t�'i -�:�e��^ or-areas niaiYitai-n# Y -the-Pasoo k f - City. REPEALED 1%,j. �7- 'fi r"+r��PFNALT'ES �topt a&-,T*ei aIIy , pe imk or- y s -4-a e ~� wl of- any of- the eede is eem -violation such planis- -T,IO W3.�l l _ i+l , i$Oiura�s --ricer Faarte e year-,-b y b ath surr,h Aii a and REPEALED Section 13. That Chapter 3.07 of the Pasco Municipal Code be and the same is hereby amended to read as follows: 3.07.030 BUILDING PERMITS: A) State: Fee/Chars Reference 1) State Building Code Council- $4.50 16.04.040 charged on all building permits issued. B) Building: Fee/Cliaru Reference l} Building Permit Based on Value of Permit Fee: 16.04.040 Improvement: $1 to $10,000 $50.00 $10,001 to $11,000 $195.25 $11,001 to$12,000 _ $209.25 $12,001 to $13,000 $223.25 $13,001 to$14,000 $237.25 $14,001 to $15,000 $251.25 $15,001 to $16,000 $265.25 $16,001 to $17,000 $279.25 $17,001 to $18,000 $293.25 $18,001 to $19,000 $307.25 $19,001 to $20,000 $321.25 $20,001 to $21,000 $335.25 $21,001 to $22,000 $349.25 $22,001 to $23,000 $363.25 $23,001 to $24,000 $377.25 $24,001 to S25,000 $391.25 $25,001 to $50,000 $391.75 for the first $25,000 + $10,10 for each add'1 $1,000 or fraction thereof Ordinance Amending Title 3 and Title 16 Page 16 $50,001 to $100,000 $643.75 for the first$50,000 + $7.00 for each add'I $1,000, or fraction thereof $100,001 to $500,000 $493.75 for the first$100,000 +$5.60 for each add'I $1,000, or fraction thereof $500,001 to $1,000,000 $3233.75 for the first $500,000 + $4.75 for each add'I $1,000 or fraction thereof $1,000,001 and up $5608.75 for the first $1,000,000 + $3.65 for each add'1 $1,000 or fraction thereof 2) Plan Review 16.04.035 a) Improvement value less than $10,000 No plan review fee b) Improvement value greater than S 10,000 65% of bldg. permit fee (when a elan review is re uire 3) Fast Track Plan 100% of bldg. Administrative Review permit fee Order#q-5-76 C) PIumbing: Fee/Char2e Reference 1) Minimum Permit $24-00 $50.00 16.08.020 Fee—r'buaccd off a $47500-mist: 2) Gas appliance and $24.0 50.00 16.12.160 piping installation permit fee—erased S1,500 Gas Piping - $440 1TVTC..16� 2) Gas 0 16i 730} Di 61 FT-a..a . � 1) ,ett. Ordhiance Amending Title 3 and Title 16 Page 177 E) Restoration of Fee/Charge Reference surface by City and inspection: 1) Restoration+ I yr. Cost 16.12.270 of maintenance F) Testing New Piping: Fee/Charge Reference 1) Expense tests and Cost 16.12.300 inspections. G) Factory Fee/Charge Reference Asseinbled/Mobile Homes: 1) Placement permit— $24-09 50.00 19.24.050 based re .. S.1 Cull Mini lun-k - 413 I1) Moving Buildings: Fee/Charge Reference 1) Without use of $25.00 16.28.030 public R.O.W. 2) With use of R.O.W. $100.00 16.28.030 3) Into city limits fi•om $100.00 16.28.030 outside city limits 4) From within city $25.00 16.28.030 limits to outside city limits I) Mechanical Permit: Fee/Cfrargc Reference 1) Minimum Permit $24.90 50.00 16.32.030 Fee—based ena 1-, 9C--fair-P efm it vallae- T) Signs: Fee/Charge Reference 1) Application Fee $5-.09 50.00 17.16. 17-07-030 2) Temporary sign fee $10.00 17.44 44 49 3) T.1:a e 4 6 i=pn. S5.00 1 7n 4 -,.029 K) Demolition Permit $20:00 50.00 16.04.040 Fee L) Right-of-Way $40.00 50.00 12.0/1.07 � Permits: 12.04.050 M) Street Cut— Fee/Charge Reference including inspection of surfaces 1) Unpaved surfaces 510.00 12.24.100 (Ord. 3543, 2002) Ordinance Amending Title 3 and Title 16 Page 18 Section 14. EFFECTIVE DATE EFFECTIVE DATE. Revisions and additions to Pasco Municipal Code Title 16 adopting the State Building Code, together with 2009 International Building Code and Standards and certain Appendices, International Fire, Residential, Property Maintenance, Mechanical, Fuel Gas, NTFPA 58 Liquefied Petroleum Gas, NFPA 54 National Fuel Gas, and 1997 Uniform Abatement of Dangerous Buildings, and the 2009 Uniform Plumbing and Plumbing Standards, and to Section 3.07 updating references to specific fees and removing references to fees no longer collected codes shall take effect July '1, 2010. Section 15. COPIES ON FILE COPIES ON FILE. One copy each of the State Building Code, together vrith 2009 International Building Code and Standards, Intemational Fire, Residential,Property Maintenance, Mechanical, Fuel Gas, NFPA 58 Liquefied Petroleum Gas, NFPA 54 National Fuel Gas, and 1997 Uniform Abatement of Dangerous Buildings, and the 2009 Uniform Plumbing and Plumbing Standards codes have been filed for use and examination of the public in the office of the city clerk prier to the adoption of the ordinance codified in this chapter. PASSED by the City Council of the City of Pasco this 21 sT day of.Tune, 2010 Matt Watkins, Mayor ATTEST: Debra L. Clark, City Clerk Leland B. Ker, City Attorney Ordinance Amending Title 3 and Title 16 Page 19 AGENDA REPORT TO: City Council June 9, 2010 FROM: Clary Crutchfie Manager Regular Mtg.: 6121110 SUBJECT: City Council eporesentation on Boards and Committees 1. REFERENCE(S): 1. Resolution 2. Proposed list of Board and Committee Assignments for 2010-2011 II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 6/21 MOTION: 1 move to approve Resolution No. , confirming Mayoral appointments to various Boards and Committees. III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: A) City Council representation is required on a number of municipal and regional boards and committees. The practice of the City Council has been to make Council appointments to the various boards and committees on a biennial basis; thus, appointments generally are for a two-year period. Changes to these appointments, if necessary, can be made at any time by action of the Mayor and City Council. 8(b) RESOLUTION NO. A RESOLUTION confirming Mayoral appointments of Councilmembers to various Boards and Committees. WHEREAS, various boards and committees, serving both regional and local purposes, require representation by the Pasco City Council; and WHEREAS, PMC 2.06.020 reserves authority to the Mayor for appointment of members to advisory committees subject to confirmation of the City Council; and WHEREAS, Mayor Watkins, after consultation with Couneilmembers, has declared appointments to the respective boards and committees reflected in the list attached hereto; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO RESOLVE AS FOLLOWS: Section 1: The Pasco City Council hereby confirms the appointments to the respective boards and committees reflected in the list attached hereto, until otherwise modified by action of the Mayor and City Council. Passed by the City Council of the City of Pasco this 21 st day of June 2010. Matt Watkins, Mayor ATTEST; APPROVED AS TO FORM; Debra L. Clark, City Clerk Leland B. Kerr, City Attomey BOARD AND COMMITTEE ASSIGNMENTS kn C VU I ALENDAR YEARS— 2010-2011 ,, k Mayoral Appointments to Board and Committee Membership t Board/Committee Day Time Location Representative Alternate Emergency Medical Services I"Monday 1:30 p.m. Kennewick General Hospital Tom Larsen Al Yenney Franklin County Mosquito Control District I"Wednesday 12:00 p.m. 2601 N. Capitol Avenue Bob Hoffmann Al Yenney Parks&Recreation Advisory Council I` Thursday 5:30 p.m. Parks&Rec. Classroom k, ;ee n r,,,iae"! Saul Martinez Mike Garrison Old Fire Pension Board 2" Monday 6:30 p.m. Conference Room 1 Rebecca Francik Saul Martinez Quarterly Senior Citizens Advisory Corn mittee 2"d Tuesday 10:00 a.m. Senior Center Tom Larsen Bob Hoffmann BFCG Tri-Mats Policy Advisory Committee 2"d Thursday 7:00 a.m. Varies Bob Hoffmann Rebecca Francik Franklin County Solid Waste Advisory Committee 2"d Thursday 4:00 p.m. Franklin County Public Works Mike Garrison Saul Martinez Tom Larsen Matt Watkins Ben-Franklin Transit Board 2"'Thursday 7:00 P.M. Transit Facility Matt Watkins Mike Garrison Reserve Officers Board 3'd Monday 5: n e.m. Conference Room 1 Matt Watkins and Rebecca Francik LEOFF Disability Board 3rd Monday 6:00 p.m. Conference Room 1 Matt Watkins and Rebecca Francik TRAC Advisory Board 3° Tuesday 5:00 p.m. TRAC Facility Rebecca Francik and Al Yenney Bi-monthly Good Roads&Transportation Association 3`d Wednesday 5:30 p.m. Varies Bob Hoffmann Rebecca Francik Pasco Downtown Development Association 3`d Thursday 12:00 p.m. Moon Security ^' Yenfie Saul Martinez Matt`,.,R,t 'gym Al Yenney Franklin County Emergency Management Council 3r Thursday 3:30 p.m. Emergency Mgmt. Office Matt Watkins Tom Larsen rUa1•terly BF Council of Governments 3rd Friday 11:30 a.m. Sandberg Event Center-WR Al Yenney A!Yet}ns. Rebecca Francik Hanford Area Economic Investment Fund 4`r'Monday 4:00 p.m. Port of Benton Mat `A'atkins Al Yenney A!Yon au l Martinez Visitor& Convention Bureau Board 4"'Thursday 7:30 a.m. 7130 W. Grandridge Blvd. Mike Garrison Tom Larsen TRIDEC Board of Directors 4"'Thursday 4:00 p.m. 7130 W. Grandridge Blvd. Mike Garrison Tom Larsen BF Community Action Committee 4"'Thursday 5:30 p.m. 710 W.Court A] Yenney Rebecca Francik Hanford Communities Governing Board (and ECA) Quarterly 7:30 a.m. Richland Council Chambers Mike Garrison Al Yenney Franklin County Law&Justice Council As called FC Commissioner's conf: room Bob Hoffmann Mike Garrison BFCG Solid Waste Advisory Committee As called TBD Mike Garrison Tom Larsen Local Housing Trust Fund Oversight Committee As called CAC office Rebecca Francik,Mike Garrison, Saul Martinez 6/15/10 AGENDA REPORT NO. 03 FOR: City Council June 16, 2010 TO: Gary Crutchfi its . anager FROM: Jess Greenough, 'ield Divisions Manager Regular Mtg.: 06/21/10 SUBJECT: Reject Bids for Commercial Avenue Phase 3 - Boring SR 395 & Foster Wells Road, Project No. 10-2-01 1. REFERENCE(S): 1. Vicinity Map 2. Bid Summary 11. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: S/21- MOTION: I move to reject the bids received for Con-unercial Avenue Phase 3, Boring SR 395 & Foster Wells Road, Project No. 10-2-01, and further, authorize staff to rebid the project. III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: A) On April 19, 2010 Council passed a motion to reject all bids received and authorized staff to rebid this project. B) Staff made some minor changes to the schedules and rebid the project with three options; Option A being for a bore and casing only, Option B included all items in Option A with the addition of inserting two water pipes into the casing, Option C included all items in Option A and B with the addition of water pipe outside the casing which would be tied into during a future water line project. C) On June 16, 2010 staff received three (3) bids for Commercial Avenue Phase 3 - Boring SR 395 & Foster Wells Road, Project No. 10-2-01. The lowest bid received for all options was from Gonzales Boring & Tunneling (all prices do not include tax); Option A $187,190.00, Option B $235,800.00, and Option C $306,117.00. The second lowest bid received for all options was from Ray Poland & Sons, Inc.; Option A $215,995.00, Option B $304,379.00, and Option C $333,489.00. The Engineer's Estirnate for the project is Option A $120,750.00, Option B $159,320.00 and Option C $173,702.50. V. DISCUSSION: A) Options A and B were new options in the bid package. Staff feels that the bids received for those options are still too high priced B) Option C was the same schedule as previously bid with minor changes. Bids received for this Option reflect a significant increase from the first bids received. C) Staff feels that the increase is due to current bidding climate. Staff also feels that rebidding this contract at a later date should produce bids that are more beneficial to the city. Staff recommends rejection of all bids. Staff will rebid the project at a later date. 10(a) COMMERCIAL AVENUE PHASE III BORE � i FOSTER WELLS ROAD & STATE ROUTE 395 i 10-2-01 Jl. r - ►0S7ER R"ELLS Rfl -... -�,L-_ _- __ PROJECT j Y AREA j ST O 4 ! '► oROSI \ a O K. y II � I 8 a ItiH£Y t� I i T 1 � tEW rf s VICINITY MAP R a i City of Pasco V Commercial Avenue Phase 3 - Boring SR 395 & Foster Wells Road, Project No. 10-2-01 June 16, 2010 BID SUMMARY Option A Total 1 . Gonzales Boring & Tunneling Inc. $187,190.00 2. Ray Poland & Sons, Inc. $215,995.00 3. Armadillo Underground Inc. $235,800.00 Option B Total 1. Gonzales Boring & Tunneling Inc. $277,192.00 2. Ray Poland & Sons, Inc. $304,379.00 3. Armadillo Underground Inc. $331 ,000.00 Option C Total 1 . Gonzales Boring & Tunneling Inc. $306,117.00 2. Ray Poland & Sons, Inc. $333,489.00 3. Armadillo Underground Inc. $362,750.00 Engineer's Estimate Total 1 . Option A $120,750.00 2. Option B $159,320.00 3. Option C $1731702.50