HomeMy WebLinkAbout2013.05.06 Council Meeting PacketAGENDA
PASCO CITY COUNCIL
Regular Meeting 7:00 p.m. May 6, 2013
11 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 Councihnembers 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 April 15, 2013.
(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 $2,072,789.23 ($253,044.13 in the form of
Electronic Fund Transfer Nos. 14740, 14804, 14818 and 14884; and $1,819,745.10 in the
form of Wire Transfer Nos. 1307, 13087 1312 through 1316; and Claim Warrants numbered
192627 through 192867).
2. To approve Payroll Claims in the amount of $2,387,593.91, Voucher Nos. 45364 through
45433 and 80260 through 80269; and EFT Deposit Nos. 30058630 through 30059209.
(c) Appointments to Parks and Recreation Advisory Board: (NO WRITTEN MATERIAL ON
AGENDA)
To appoint Arthur Job to Position No. 3 and reappoint Edmon Daniels to Position No. 5 (both
with the expiration date of 2/2/15); and to appoint Craig Howell to Position No. 4, Jason Ruud to
Position No. 6, and reappoint Abigail Kidd to Position No. 7 (all with the expiration date of
2/2/16) to the Parks and Recreation Advisory Board.
(d) 2012 Fire Department Performance Report:
1. Agenda Report from Robert Gear, Fire Chief dated April 17, 2013.
2. 2012 Fire Department Performance Report.
3. RCW 35.103.010.
To accept the Pasco Fire Department 2012 Performance Report.
(e) "A" Street Railroad Crossing UTC Grant:
1. Agenda Report from Ahmad Qayoumi, Public Works Director dated April 17, 2013.
2. Vicinity Map.
3. Letter of Grant Award from Utilities Transportation Commission (Council Packets Only).
4. Layout Plans (2 pages).
To accept the grant offered by UTC in the amount of $25,000 for the ls` and "A" Street railroad
crossing and, further, authorize the Mayor to sign the agreement.
(fj Interlocal Cooperative Agreement with Franklin County:
1. Agenda Report from Ahmad Qayoumi, Public Works Director dated April 17, 2013.
2. 2013 Alley Hard Chip Sealing Vicinity Map.
3. Interlocal Cooperative Agreement.
To approve the Interlocal Cooperative Agreement for Chip Sealing Services with Franklin
County and, further, authorize the Mayor to sign the agreement.
(g) Columbia Water Supply — Raw Water Intake:
1. Agenda Report from Ahmad Qayoumi, Public Works Director dated April 17, 2013.
2. Vicinity Map.
3. Professional Services Agreement with Scope of Work.
To approve the Professional Services Agreement with the US Army Corps of Engineers for
Environmental Services with respect to the Columbia Water Supply Project in the amount of
$57,450.37 and, further, authorize the City Manager to sign the agreement.
Regular Meeting 2 May 6, 2013
(h) Waiver of Sewer Utility Service Requirements (2113 Market Drive) (MF #USW2013 -008):
1. Agenda Report from Rick White, Community & Economic Development Director dated
April 17, 2013.
2. Vicinity Map.
3. Proposed Utility Service Waiver Agreement.
To approve the sewer utility service waiver at 2113 Market Drive and, further, authorize the City
Manager to sign the Waiver Agreement.
(i) Resolution No. 3468, a Resolution of the City Council of the City of Pasco, Washington,
Ratifying the Proposed Appointments of the Tri- Cities Regional Public Facilities District for Pro
and Con Committees.
1. Agenda Report from Gary Crutchfield, City Manager dated April 17, 2013.
2. Letter from Tri- Cities Regional PFD President dated 4/16/13.
3. Committee Applications (Council packets only).
4. Proposed Resolution.
To approve Resolution No. 3468, ratifying the Proposed Appointments of the Tri- Cities Regional
Public Facilities District for Pro and Con Committees.
*(j) Resolution No. 3469, a Resolution accepting work performed by Ray Poland & Sons, Inc., under
contract for the 5 " Avenue Sewer Repair, Project No. C7- SE- 2R- 12 -20.
1. Agenda Report from Ahmad Qayoumi, Public Works Director dated April 29, 2013.
2. Vicinity Map.
3. Resolution.
To approve Resolution No. 3469, accepting the work performed by Ray Poland & Sons, Inc.,
under contract for the 5`" Avenue Sewer Repair Project.
(RC) MOTION: I move to approve the Consent Agenda as read.
4. PROCLAMATIONS AND ACKNOWLEDGMENTS:
(a) Presentation of Proclamation for "Better Hearing Month." Mayor Matt Watkins to present
Proclamation to Donald Klippstein, Director of Marketing, Columbia Basin Hearing Center.
5. VISITORS - OTHER THAN AGENDA ITEMS:
(a)
(b)
(c)
6. REPORTS FROM COMMITTEES AND /OR OFFICERS:
(a) Verbal Reports from Councilmembers
(b)
(c)
7. HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS RELATING
THERETO:
(a) Street Vacation (MF #VAC2011 -008) Portions of East Lewis Place from Heritage Blvd to
SR -12.
1. Agenda Report from Dave McDonald, City Planner dated April 25, 2013.
2. Overview Map.
3. Vicinity Map.
4. Proposed Ordinance.
CONTINUE PUBLIC HEARING
Ordinance No. an Ordinance vacating portions of East Lewis Place.
MOTION: I move to adopt Ordinance No, vacating portions of East Lewis Place and,
further, authorize publication by summary only.
Regular Meeting 3 May 6, 2013
8. ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS:
(a) Ordinance No. an Ordinance prohibiting parking on various streets, amending Section
10.56.080 of the Pasco Municipal Code; and permitting limited time (two -hour) parking on
various streets, amending Section 10.56.110 of the Pasco Municipal Code.
1. Agenda Report from Mike Pawlak, City Engineer dated April 18, 2013.
2. Vicinity Map — Homeran Road,
3. Vicinity Map — Sylvester Street.
4. City Engineer's Memo.
5. Ordinance.
MOTION: I move to adopt Ordinance No. adding parking restrictions on certain streets
and, further, to authorize publication by summary only.
(b) Ordinance No. an Ordinance concerning wages for Temporary Non - Management, Non -
Represented Personnel.
1. Agenda Report from Lynne Jackson, Human Resources Manager dated April 16, 2013.
2. Proposed Ordinance.
3. Proposed Wage Plan.
MOTION: I move to adopt Ordinance No. , revising the Temporary Employee Wage Plan
for calendar year 2013 and, further, to authorize publication by summary only.
Q *(c) Resolution No. a Resolution accepting the Planning Commission's recommendation and
approving a special permit for the location of a temporary cellular tower at 6600 Burden
Boulevard.
1. Agenda Report from Shane O'Neill, Planner 1 dated April 29, 2013.
2. Vicinity Map.
3. Proposed Resolution.
4. Report to Planning Commission.
5. Planning Commission Minutes dated 3/21/13 and 4/25/13.
MOTION: I move to approve Resolution No. , approving the special permit for the location
of a temporary cellular tower at 6600 Burden Boulevard as recommended by the Planning
Commission.
91 UNFINISHED BUSINESS:
(None)
10. NEW BUSINESS:
(None)
11. MISCELLANEOUS DISCUSSION:
(a)
(b)
(c)
12. EXECUTIVE SESSION:
(a)
(b)
(c)
13. ADJOURNMENT.
(RC) Roll Call Vote Required
* Item not previously discussed
MF# "Master File #...."
Q Quasi - Judicial Matter
REMINDERS:
1. 1:30 p.m., Monday, May 6, KGH — Emergency Medical Services Board Meeting. (COUNCILMEMBER
TOM LARSEN, Rep.; AL YENNEY, Alt.)
2. 7:00 a.m., Thursday, May 9 — BFCG Tri-Mats Policy Advisory Committee Meeting.
(COUNCILMEMBER BOB HOFFMANN, Rep.; REBECCA FRANCIK, Alt.)
3. 5:30 p.m., Thursday, May 9, Howard Amon Park, Richland — Public Service Workers Recognition Event.
(MAYOR PRO -TEM REBECCA FRANCIK)
4. 7:00 p.m., Thursday, May 9, Transit Facility — Ben - Franklin Transit Board Meeting. (MAYOR MATT
WATKINS, Rep.; COUNCILMEMBER MIKE GARRISON, Alt.)
5. 8:00 a.m., Friday, May 10, Hammer Facility, Richland — Fire Ops 101. (MAYOR MATT WATKINS)
MINUTES
REGULAR MEETING PASCO CITY COUNCIL APRIL 15, 2013
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, Saul Martinez, Matt Watkins and Al 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; Ahmad Qayoumi, Public
Works Director; Bob Metzger, Police Chief; Bob Gear, Fire Chief and Mike Pawlak, City
Engineer.
The meeting was opened with the Pledge of Allegiance.
Mayor Watkins asked for a moment of silence for the citizens of Boston.
CONSENT AGENDA:
(a) Approval of Minutes:
Minutes of the Pasco City Council Meeting dated April 1, 2013.
(b) Bills and Communications:
To approve General Claims in the amount of $1,766,027.67 ($295,553.82 in the form of
Electronic Fund Transfer Nos. 14509, 14510, 14564, 145959 14596, 14597, 14644 and
14645; and $1,470,473.85 in the form of Wire Transfer Nos. 1309, 1310 and 1311; and
Claim Warrants numbered 192377 through 192626).
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 $168,167.39 and, of that amount, authorize
$107,861.33 be turned over for collection.
(c) Appointment to Planning Commission:
To appoint Tim Hoekstra to fill Position No.
1 (expiration date
of 2/2/16)
on the Planning
Commission.
(d) Appointments to Code Enforcement Board:
To reappoint Daniel Gottschalk to Position No. 1 and Dwayne Speer to Position No. 2
(both with the expiration date of 1/1/15) to the Code Enforcement Board.
(e) Waiver of Sewer Utility Service Requirement (5213 W. Court Street) (MF
#USW2013 -006):
To approve the Sewer Utility Service Waiver at 5213 West Court Street and, further,
authorize the City Manager to sign the Waiver Agreement.
(1) Water Follies Agreement:
To approve a three -year agreement with the Tri- Cities Water Follies Association for the
Water Follies event and, further, authorize the City Manager to sign the agreement.
3(a).1
MINUTES
REGULAR MEETING PASCO CITY COUNCIL APRIL 15, 2013
(g) City Hall Cooling Tower Replacement:
To approve a public works contract for the purchase and installation of a Carrier Aqua
Snap chiller for City Hall from Apollo Sheet Metal Inc., not to exceed $204,669.00 plus
sales tax and, further, authorize the City Manager to sign the agreement.
(h) Professional Services Agreement — CES — Construction Management:
To approve the Professional Services Agreement with CES authorizing Construction
Management Services for Phase I and II of the Industrial Reuse Project in the amount of
$420,700 and, further, authorize the City Manager to sign the agreement.
(i) Professional Services Agreement:
To approve the Professional Services Agreement with CH2MHi11, authorizing bidding
and construction services with respect to the Northwest Commons Lift Station, not to
exceed $13,269 and, further, authorize the City Manager to sign the agreement.
MOTION: Ms. Francik moved to approve the Consent Agenda as read. Mr. Garrison
seconded. Motion carried by unanimous Roll Call vote.
VISITORS - OTHER THAN AGENDA ITEMS:
Mr. Mac Miller, Boise Idaho, addressed Council concerning a rock in Volunteer Park.
REPORTS FROM COMMITTEES AND /OR OFFICERS:
Mr. Garrison reported on meetings he and members of the Energy Communities Alliance
attended in Washington D.C.
Ms. Francik reported that she, Mayor Watkins and Mr. Martinez attended the Tri- Cities
Regional Public Facilities District meeting and the board agreed on a conceptual site
plan.
Mr. Hoffmann reported on the local Benton, Franklin & Walla Walla Counties Good
Roads and Transportation Association meeting.
Mayor Watkins reported on the Tri- Cities Regional Public Facilities District meeting and
the Ben - Franklin Transit Board meeting.
Mr. Hoffinann commented on the General Fund Operating Statement through March
2013.
HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS
RELATING THERETO:
Street Vacation (MF #VAC2013 -001) Portion of Washington Street (Port of
Pasco /Morales).
Council and staff discussed the details of the proposed vacation.
MAYOR WATKINS DECLARED THE PUBLIC HEARING OPEN TO CONSIDER THE PROPOSED
VACATION.
FOLLOWING THREE CALLS FOR COMMENTS, EITHER FOR OR AGAINST, AND THERE BEING
NONE, MAYOR WATKINS DECLARED THE PUBLIC HEARING CLOSED.
MOTION: Ms. Francik moved to deny the Washington Street vacation. Mr. Garrison
seconded. Motion carried by the following Roll Call vote: Yes — Larsen, Watkins,
Francik, Garrison. No — Martinez, Yenney, Hoffmann.
MINUTES
REGULAR MEETING PASCO CITY COUNCIL APRIL 15, 2013
Street Vacation (MF #VAC2013 -002) Portion of North Idaho Avenue north of
Oregon Avenue (H.D. Fowler).
MAYOR WATKINS DECLARED THE PUBLIC HEARING OPEN TO CONSIDER THE PROPOSED
VACATION.
Mr. Otis Short, representing HD Fowler Co., 1320 N. Oregon Ave., inquired
about the timeline of the vacation.
FOLLOWING THREE CALLS FOR COMMENTS, EITHER FOR OR AGAINST, MAYOR WATKINS
DECLARED THE PUBLIC HEARING CLOSED.
Council and staff discussed the details of the proposed vacation.
Ordinance No. 4101, an Ordinance vacating a portion of North Idaho Avenue,
MOTION: Ms. Francik moved to adopt Ordinance No. 4101, vacating a portion of North
Idaho Street and, further, authorize publication by summary only. Mr. Garrison seconded.
Motion carried unanimously.
Street Vacation (MF #VAC2011 -008) Portions of East Lewis Place, from Heritage
Blvd to SR 12,
Mr.
Yenney declared
he had property in
that area, but has no prior knowledge of
this
issue.
MAYOR WATKINS DECLARED THE PUBLIC HEARING OPEN TO CONSIDER THE PROPOSED
VACATION.
Ms. Erma Mendoza, 2904 E. Lewis Pl., inquired about where her property
boundaries would be after the vacation.
Council and staff discussed the details of the proposed vacation.
MOTION: Ms. Francik moved to continue the public hearing to May 6, for staff to
confirm property boundaries with residents. Mr. Martinez seconded. Motion carried
unanimously.
NEW BUSINESS:
Commercial Avenue/US- 12/Lewis Street Water Line Project No. C7- WT- 2R- 13 -04:
Council and staff discussed the proposed project.
MOTION: Ms. Francik moved to award the low bid for the Commercial Avenue/US-
12 /Lewis Street Water Line Project to Sharpe & Preszler Construction Company, Inc., in
the amount of $234,053.96, including applicable sales tax and, further, authorize the
Mayor to sign the contract documents. Mr. Yenney seconded. Motion carried by
unanimous Roll Call vote.
Heritage Industrial Center Primary Lead Track, Phase 2 and Big Pasco Industrial
Center Hub Development, Phase 5b:
Council and staff discussed the proposed project.
MOTION: Ms. Francik moved to award the low bid for the Heritage Industrial Center
Primary Lead Track, Phase 2, Schedule A and Alternate A2, and Big Pasco Industrial
Center Hub Development, Phase 5b Project, Schedule B and Alternates B1, B2 and B3,
to Premier Excavation, Inc., in the amount of $2,913,716.40, including applicable sales
tax and; further, authorize the Mayor to sign the contract documents. Mr. Garrison
seconded. Motion carried by unanimous Roll Call vote.
MINUTES
REGULAR MEETING PASCO CITY COUNCIL
MISCELLANEOUS DISCUSSION:
APRIL 15, 2013
Council and staff discussed the increase in employee medical claim costs.
Mayor Watkins reminded Council of the Volunteer Banquet at 6:00 p.m. Thursday at the
Senior Center.
EXECUTIVE SESSION:
Council adjourned to Executive Session at 7:57 p.m. for approximately 30 minutes to
discuss litigation or potential litigation and collective bargaining strategy and proposals
with the City Manager and the City Attorney.
Mayor Watkins called the meeting back to order at 8:27 p.m.
ADJOURNMENT:
There being no further business, the meeting was adjourned at 8:27 p.m.
APPROVED:
Matt Watkins, Mayor
ATTEST:
Debra L. Clark, City Clerk
PASSED and APPROVED this 6th day of May, 2013.
rd
CITY OF PASCO
Council Meeting of:_ May 6, 2013
Accounts Payable Approved
The City Council
City of Pasco, Franklin County, Washington
ned hereby certify under penalty of perjury that the materials have been furnished, the
or the bor pertormed as described herein and that the claim is a just, due and unpaid
against th city and that we are authorized to authenticate and certify to said claim.
Dunyele Mason, F' ance Services Manager
We, the undersigned City Councilmembers of the City Council of the City of Pasco, Franklin County, Washington, do
hereby certify on this 6 day of May, 2013 that the merchandise or services hereinafter specified have been received:
Check Numbers and 192627 - 192867 In The Amount Of: $ 11819,745.10
Electronic Funds Transfers: 1307, 1308, 1312
1313,1314,1315,1316
Electronic Funds Transfers: 14740, 14804, 14818 In The Amount Of: $ 253,044.13
(Journal Entries) 14884 Combined total of $2,072,789.23
Councilmember
GENERAL FUND:
Legislative
Judicial
Executive
Police
Fire
Administration & Community Services
Community Development
Engineering
Non - Departmental
Library
TOTAL GENERAL FUND:
Councilmember
SUMMARY OF CLAIMS BY FUND:
STREET
,ARTERIAL STREET
STREET OVERLAY
C. D. BLOCK GRANT
HOME CONSORTIUM GRANT
NSP GRANT
KING COMMUNITY CENTER
AMBULANCE SERVICE
CEMETERY
ATHLETIC PROGRAMS
GOLF COURSE
SENIOR CENTER OPERATING
MULTI MODAL FACILITY
RIVERSHORE TRAIL & MARINA MAIN
SPECIAL ASSESSMNT LODGING
LITTER CONTROL
REVOLVING ABATEMENT
TRAC DEVELOPMENT & OPERATING
ECONOMIC DEVEL & INFRASTRUCT
STADIUM /CONVENTION CENTER
GENERAL CAP PROJ CONSTRUCTION
WATER /SEWER
EQUIPMENT RENTAL - OPERATING GOVERNMENTAL
EQUIPMENT RENTAL - OPERATING BUSINESS
EQUIPMENT RENTAL - REPLACEMENT GOVERNMENTAL
EQUIPMENT RENTAL - REPLACEMENT BUSINESS
MEDICAL/DENTAL INSURANCE
CENTRALSTORES
PAYROLL CLEARING
GENERAL L -T DEBT ACCT GROUP
PUBLIC FACILITIES DIST
TRI CITY ANIMAL CONTROL
SENIOR CENTER ASSOCIATION
GRAND TOTAL ALL FUNDS:
712,715.45
27,269.05
53,313.33
0.00
$ 2,072,789.23
3(b)ul
CITY OF PASCO
Payroll Approval
The City Council
City of Pasco
Franklin County, Washington
The follo� is a summary of uagroll claims against the City of Pasco for the month of
April 2013 whic ar presented h with or your review and approval.
Council Meeting of:
May 6, 2013
Rick Terway, Administrative & Community Services Director
We, the undersigned City Council members of the City Council of the City of Pasco, Franklin County,
Washington, do hereby certify that the services represented by the below expenditures have been received
and that payroll voucher No's. 45364 through 45433 and 80260 through 80269 and EFT deposit
No's. 30058630 through 30059209 and City contributions in the aggregate amount of $2,387,593.91 are
approved for payment on this 6th day of May 2013.
Councilmember
GENERALFUND
ouncilmember
SUMMARY OF PAYROLL BY FUNS
Legislative $ 8,012.34
Judicial 83,230.68
Executive 73,210.98
Police 692,578.11
Fire 371,808.00
Administrative & Community Services 285,054.47
Community Development 90,867.27
Engineering 127,405.19
TOTAL GENERAL FUND 1,732,167.04
CITY STREET
41,254.97
BLOCK GRANT
5,588.18
HOME CONSORTIUM
2,461.05
NSP
11872.08
MARTIN LUTHER KING CENTER
71090.77
AMBULANCE SERVICE FUND
219,667.33
CEMETERY
12,807.10
ATHLETIC FUND
1,975.67
SENIOR CENTER
15,358.85
STADIUM OPERATIONS
0.00
MULTI -MODAL FACILITY
0.00
BOAT BASIN
0.00
REVOLVING ABATEMENT FUND
0.00
TASK FORCE
0.00
WATER /SEWER
312,074.50
EQUIPMENT RENTAL - OPERATING
28,422.45
OLD FIRE PENSION FUND
61853.92
GRAND TOTAL ALL FUNDS
$ 2,387,593.91
Payroll Summary
Net Payroll 1,087,309.85
Employee Deductions 667,620.07
Gross Payroll 1,754,929.92
City of Pasco Contributions 632,663.99
Total Payroll $ 2,387,593.91
3(b)n2
AGENDA REPORT
FOR: City Counc'
TO: Gary Crutch eld 't anager
FROM Robert W. Gear, Fire C lief
1
SUBJECT: 2012 Fire Department Performance Report
I. REFERENCE(S):
1. 2012 Fire Department Performance Report
2. RCW 35.103.010
April 17, 2013
Workshop Mtg.: 4/22/13
Regular Mtg.: 5/6/13
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
4/22: Discussion
5/6: MOTION: I move to accept the Pasco Fire Department 2012 Performance
Report.
III. FISCAL IMPACT:
None
IV. HISTORY AND FACTS BRIEF:
A) On February 21, 2006 the Pasco City Council adopted the performance standards
and objectives as outlined in the Performance Standards Resolution No. 2938 and,
as required by RCW 35.103.010.
V. DISCUSSION:
A) The 2012 report shows the following;
a. Call Processing continues to significantly exceed our 60 second goal.
b. Turnout Times continue to decrease from 2011 to 2012 with our 90% time
being 2:22 seconds. This is a significant trend that we need to continue.
c. Travel rimes continue to be slightly over 6 minutes.
d. The total time from 911 call to arrival 90% of the time is down slightly from
11:12 to 11:03.
B) We met our full fireground staffing goal 87.5% of the time, which is a continued
improvement.
3(d)
CITY OF PASCO
FIRE DEPARTMENT
RCW 35.101010
PERFORMANCE
MEASURES
2012 REPORT
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CITY OF
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TABLE OF CONTENTS
MISSION STATEMENT:,,,,,,,, ......................... .............. m ........ naelow ..... m ......... as 3
DEPARTMENT INFORMATION: .... ........ I'll ............ posmossa ................... 3
FIRE DEPARTMENT FUNCTIONS.................................................................. ..............................4
EMERGENCY RESPONSE SUMMARY ............................ ............................... ................onto........... 5
DEPARTMENT ORGANIZATIONAL CHART ................................................ ..............................6
STAFFING LEVELS AND DISTRIBUTION ..................................................... ..............................7
CITY COUNCIL RESOLUTION ................................... ............................... .................40.19......... 8-10
STANDARDS OF RESPONSE PERFORMANCE MEASUREMENTS ............... ... ...... .......11 -20
PREDICTABLE RESULTS" ........... I ..................... mgmm'somma ............... mooffmamembog ......................... peeves,, ..... 21
TRAVEL TIME COMPLIANCE MAP ............................................................... .............................22
PLANOF ACTION .............................................................................................. .............................23
2012 RESULTS TABLE, ........... ..... I ...... ............... ammosomm ............................. m.24
Pasco Fire Department
Mission Statement:
Make best use of department
resources to provide the Pasco
community with effective mitigation of
fire, rescue, hazardous materials and
medical emergencies with compassion,
integrity, and respect for its citizens.
Information:
Bob Gear, Fire Chief
The City of Pasco Fire Department; Office of the Fire Chief was created by Ordinance # 73
on July 16, 1908 with the responsibilities of caring for the fire equipment. The fire
department is currently staffed by 53 uniformed members and 1 admin personnel. Forty-
eight members work a rotating 24 hours on duty followed by 48 hours off duty. The
operational staff is divided into 3 sixteen member platoons operating out of 3 fire stations.
They are supported by the Fire Chief, Administrative Assistant, Training and Safety
Battalion Chief, and the EMS Captain who work a forty hour work week. Two members
work variable shift schedule or "D" shift, and fill vacant positions on the regular shift
staffing.
Firefighters respond to an average of 12 calls for service per day with approximately 78%
of them being medical emergencies. Additionally, the fire department provides aircraft
rescue and firefighting services to the Tri Cities Airport, and Advanced Life Support (ALS)
Ambulance service to the Burbank and North Franklin County areas. Further, the fire
department actively participates in the regional Tri- County Technical Rescue Team and
Hazardous Materials Response Team.
k?
Fire Department Functions
• Structural, Vehicle and Wildland Fire Suppression
• Advanced Life Support (ALS) Emergency Medical Services and
Transport
• Public Information and Education
• Hazardous Materials Operations Level Response
• Hazardous Material Technician Level response with 6 members
• Aircraft Rescue and Firefighting (ARRF) capability within the airport as
well as within the surrounding community
• Technical Rescue Operations level Response
• Technical Rescue Technician level Response with 9 members to include
confined space, trench rescue, rope rescue
• Machinery & Vehicle Operations level response
• Machinery & Vehicle Technical Rescue level response
To accomplish these tasks Pasco Firefighters will;
• Study, Train and Practice the skills and tasks they are expected to
master.
• Maintain physical fitness
• Check and Maintain the Apparatus and Equipment they work with
• Be familiar with the community and any hazards they may encounter
Emergency Response Summary
• Emergency Medical Responses: 3444
• Structural Fire Responses: 103
• Mobile Property Fire Responses 56
• Wildland Responses: 57
• Hazardous Materials Responses: 7
• Aircraft Responses: 3
• Technical Rescue Responses: 1
• Other Miscellaneous /False Responses 729
• Total Responses: 41400
2000
2009
2010
2011
2012
3549 3856
3815
4238
4400
Denotes all calls including mutual aid given, received and none received.
5
DEPARTMENT ORGANIZATIONAL CHART
Program Management Responsibilities
"A"
Shift Battalion
Chief:
Facilities Maintenance & Repairs, Violent Incident Response Program
"B"
Shift Battalion
Chief:
Equipment Maintenance & Repair, Shift Fire Investigator Coordinator
"C"
Shift Battalion
Chief:
Apparatus Maintenance Repair, Technical Rescue Team Coordinator
"D"
Shift Battalion
Chief:
Safety, Training, ARFF and HazMat Team Coordinator
Staffing Levels and Distribution
In 2012, the City of Pasco Fire Department employed 52 career members. Three of the day
staff are uniformed and 1 is a civilian. Six (6) of the shift positions are funded by contract
with the Port of Pasco. This staffing level has been in place since 2005 when the city's
population was approximately 44,000.
We staff three fire stations with a minimum of 12 personnel and an additional one person
to cover airport only emergencies.
The 2012 staff are assigned as follows:
Day staff Fire Chief
Training and Safety Battalion Chief
Emergency Medical Services Captain
Secretary /Receptionist
"D" Shift (Not Filled)
Firefighter
Paramedic /Firefighter
Levels:
Shift Staffing (each shift) Assigned Minimum
• Shift Battalion Chief 1 1
• Station Captains 3 3
• Shift Lieutenant 1 1
• Firefighters 4 4
• Firefighter /Paramedics 6 3
• Aircraft Rescue FF 1 (assigned to airport only) 1
Total staffing assigned to each shift 16 13
Distribution:
Station 81 Oregon St. Station 82 Airport Station 83 Rd 68
7
RESOLUTION NO. ✓U
A Resolution approving performance standards for Pasco Fire
Department emergency responses.
WHEREAS, the City of Pasco Fire Department is legally established as a fire department
to provide certain emergency medical, fire and rescue services; and,
WHEREAS, the Pasco Fire Department has a mission statement and goals and objectives
to guide the organization in providing fire and emergency medical services to our
community; and,
WHEREAS, the Pasco Fire Department has a basic organizational structure which
includes the City Council, City Manager, Chief, Officers, Firefighters, Paramedics and EMTs;
and,
WHEREAS, the Pasco Fire Department is required by state law (SHB 1756, laws of
2005) to establish turnout and response time goals for various emergency responses; and,
WHEREAS, the Pasco Fire Department has developed written response coverage
objectives requited to comply with applicable provisions of SHB 1756; NOW, THEREFORE
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO
RESOLVE AS FOLLOWS:
Section 1. That the Pasco City Council hereby approves the attached Response
Standards as the Pasco Fire Department policy for determining resource deployment for
emergency medical, fire and rescue services; and,
This resolution was adopted at a regularly scheduled public meeting of the City of Pasco
City Council for City of Pasco Fire Department on this P,1 5 i day of February, 2006.
Joyce lso ,Mayor
A T:
i
Sandy KenwqAhg, Deputy City Jerk
Fti
APPROVED AS TO FORM:
Leland B. Kerr, City Attorney
PASCO FIRE DEPARTMENT
RESPONSE STANDARDS
I. Mission Statement
The Pasco Fire Department's mission is to provide rapid mitigation of fire, rescues,
hazardous materials and medical emergencies with compassion, integrity, and respect for
the people we serve. To be the premier provider of public safety services, utilizing our
people as the critical resource to accomplish our goals.
II. Response Standards
The following standards represent the minimum desired service level for the respective
emergency response services provided by the Fire Department. Affected managers shall
deploy appropriated resources so as to best achieve the standards set forth herein.
A. TURNOUT: A turn out time of two (2) minutes, which the department should meet
85% of the time. All firefighting safety equipment must be donned before the vehicle
can leave the station for a fire response.
B. FIRST ENGINE ARRIVAL: A responseltravel time (after turnout) of six (6)
minutes for the arrival of the first engine company (at least two (2) firefighters) to a
fire suppression incident, which the department should meet 85% of the time.
C. FIRST FULL ALARM ARRIVAL: A response/travel time (after turnout) of twelve
(12) minutes for the arrival of the full complement of a I" alarm response to a fire
suppression incident, which the department should meet 85% of the time. "Full
complement" means at least two (2) engine companies (trucks) with associated
firefighters and one (1) command officer.
D. BLS AMBULANCE ARRIVAL: A response/travel time (after turnout) of six (6)
minutcs/seconds for the arrival of the first emergency medical unit with at least one
(1) EMT on board to an emergency medical incident, which the department should
meet 85% of the tune.
E. ALS AMBULANCE ARRIVAL: A response /travel time (after turnout) of six (6)
minutes for the arrival of an advanced life support unit with at least one (1) paramedic
on board to an ALS emergency medical incident, which the department should meet
85% of the time.
F. HAZARDOUS MATERIALS: A response /travel time (after turnout) of six (6)
minutes for the arrival of the first unit with at least one (1) appropriately trained
Hazardous Materials Technician on board to a hazardous materials incident, which
the department should meet 85% of the time.
PASCO FIRE DEPARTMENT
RESPONSE STANDARDS
G. TECHNICAL RESCUE INCIDENT: A response/travel time (after turnout) of six
(6) minutes for the arrival of the first unit with appropriately trained and equipped
personnel on board to a technical rescue incident, which the department should meet
85% of the time.
H. AIRCRAFT RESCUE AND FIREFIGHTING: A total response(travel time of
three (3) minutes for the arrival of the first unit with appropriately trained and
equipped aircraft rescue and firefighting personnel on board to the site of an aircraft
incident, which the department should meet 100% of the time (required standard of
FAA).
I. WILD LAND FIREFIGHTING: A response /travel time (after turnout) of six (6)
minutes for the arrival of the first unit with appropriately trained and equipped wild
land firefighting personnel on board to a wild land fire incident, which the department
should meet 85% of the time.
HL ANNUAL REPORT
The Fire Chief shall report the department's performance relative to these standards to
the City Manager and City Council annually.
February 2006
10
Standards of Response Performance Measurement
Call ProcessiLig
Definition: Call processing is the
measurement of time from when
the 911 call is answered at the
Public Safety Answering Point
(PSAP) until appropriate units are
notified to respond. This
performance standard is not a
Washington State required
performance measurement but is
included here to more clearly
define the total time involved in a
response. The National Fire
Protection Association (NFPA)
standard for call processing is 60
seconds, 90% of the time.
Actual Dispatch Center Performance for 2012
The Franklin County
Communications
Center met the 60 second
performance 33.3% of
the time. 90% of the
dispatches were
processed in 154 seconds
or less.
90% Call Processine
20013
20119
2010
2011,
2012
164
120
138
153
154
11
Turnout Time
Definition: The time after
notification to the fire
department of the incident
to the start of vehicles
response to the incident
(wheels rolling).
Turnout Time Standard:
The Pasco Fire Department has adopted a turn out time standard of 2 minutes, which the
department should meet 90 % of the time. All firefighting safety equipment must be
donned before the vehicle can leave the station for a fire response
Actual Department Performance for 2012
The Pasco Fire Department met the Turnout Performance Objective 82.5% of the time.
90% of the fire department incidents experienced a turn out time of 2:22 minutes or less.
90 0/n Turnout Time
2008
2009
2010
2011
2012
3:00
2:56
2:44
2:30
2:22
12
Fire Suppression Travel Time for 1St Arriving Engine
r
Definition: Travel time for
the arrival of the first
arriving engine company at
a fire suppression incident.
Travel time starts after
turnout when wheels are
rolling and ends upon
arrival at the incident.
Travel Time Standard:
The Pasco Fire Department has adopted a travel time standard of 6 minutes for the
arrival of the first engine company to a fire suppression incident, which the department
should meet 90 % of the time.
Actual Department Performance for 2012
The Pasco Fire Department met the Travel Time Performance Objective 88.9% of the
time. 90% of the fire department incidents experienced a 1St unit response time of 6:17
minutes or less.
90% Fire Suppression Response Time for 1St Arrivine Eneine
2008
2009
2010
20131
2012
7:57
6:16
6:19
6:04
6:17
13
Travel /Response time for the deployment of a full first alarm
assignment at a fire suppression incident
Definition: The total
number of personnel and
equipment the fire
department has recognized
as the minimum needed to
combat a fire in a single
family residence. We
measured the travel time
for only those incidents
that we were able to
assemble the required
number of personnel.
Incidents that we were not
able to assemble the
minimum number of
personnel were not used in
the time performance
measurement.
Loyalty Inn Fire 2012
Response Time Standard for Full 1s, Alarm Response:
The Pasco Fire Department has adopted a response travel time standard of 12 minutes
for the arrival of the full complement of a 1st alarm assignment to a fire suppression
incident, which the department should meet 90% of the time. Further, the Pasco Fire
Department has adopted a 1st alarm response of 11 firefighters and or 2 engine
companies (if applicable), 2 aid units, 1 ladder truck and 1 Command Officer (if
applicable).
Actual Department Performance for 2012
The Pasco Fire Department met the standard of 11 or more personnel arriving on scene
in 12 minutes or less 87.5% for residential structure fires where 11 or more personnel
were initially dispatched. The 90th percentile for 11 or more arriving was 17:48.
Full First Alarm Assignment
% of Response/Travel meeting 90% goal of 11 Firefighters in 12:00 minutes
2008
2009
2010
2011.
2012
52.4%
45.65%
81.8%
78.95%
87.5%
14
Emergency Medical Services Travel Time
Basic Life Support
Definition: Travel time for
the arrival of the first
arriving unit with a first
responder or higher level
capability at an emergency
medical incident.
~s q a 1
Hwy 395 2012
Travel Time Standard:
The Pasco Fire Department has adopted a travel time standard time of 6 minutes for
the arrival of the first emergency medical unit with appropriately trained personnel
on board to an emergency medical incident, which the department should meet
90% of the time.
Actual Department Performance for 2012
The Pasco Fire Department met the Emergency Medical Services, Basic Life Support
Performance Objective 90% of the time.
90% of the fire department incidents experienced an Emergency Medical Services
response time of 6:00 minutes or less.
90 °/n Emergency Medical RIS Traval Tima
2008
2009
2010
- 2011 -
2012
6:59
6:39
6:10
6:07
1 6:00
im
Emergency Medical Services Travel Time
Advanced Life Support
Definition: Travel time for
the arrival of an advanced
life support unit to an
emergency medical
incident, where this service
is provided by the fire
department.
Every 15 Minute Program, Pasco High
Travel Time Standard:
The Pasco Fire Department has adopted a travel time standard of 6 minutes for the
arrival of an advanced life support (ALS) unit with appropriately trained personnel
(paramedics) on board to an ALS emergency medical incident within the city limits,
which the department should meet 90% of the time.
Actual Department Performance for 2012
The Pasco Fire Department met the Emergency Medical Services Performance,
Advanced Life Support Objective 90% of the time. 90% of the fire department incidents
experienced an Emergency Medical Services response time of 6:01 minutes or less.
90% Emergency Medical ALS Travel Time
2008
2009
2010
2011
2012
6:46
6:40
6:11
6:03
6:01
s
Hazardous Materials Travel Time
Definition: Travel time for
the arrival of the first
arriving apparatus with
appropriately trained and
equipped Hazardous
Materials Level "A"
Technicians on board at a
hazardous materials
incident, where this service
is provided by the fire
department.
BNSF May 2011
Travel Time Standard:
The Pasco Fire Department has adopted a travel time standard of 6 minutes for the
arrival of the first unit with appropriately trained Hazardous Materials Technicians on
board to a hazardous materials incident, which the department should meet 90 % of the
time.
Actual Department Performance for 2012
The Pasco Fire Department met the Hazardous Material Response time Performance
Objective 85.7% of the time.
90% of the fire department incidents experienced a Hazardous Materials response time
of 5:58 minutes or less.
900/a Hazardous Material Travel Time
2008
2009
2010
21111
2012
5:16
4:06
4:44
9:00
5:58
17
Technical Rescue Travel Time
Definition: Travel time for
the arrival of the first arriving
apparatus with appropriately
trained and equipped
Technical Rescue Technicians
on board at the technical
rescue incident, where this
service is provided by the fire
department.
Trench Rescue Training 2011
Travel Time Standard:
The Pasco Fire Department has adopted a travel time standard of 6 minutes for the arrival
of the first unit with appropriately trained and equipped personnel on board to a Technical
Rescue incident, which the department should meet 90% of the time.
Actual Department Performance for 2012
There was one Technical Rescue incident in 2012 and it did not meet the standard. It
experienced a response time of 6:52.
90% Technical RPRcnP TrnuAl Timo
2008
2009
20ii1
291ii
2012
3:12
3:54
7:23
6:51
JE 6:52
m
Aircraft Rescue and Firefighting Turnout and Travel Time
Definition: Turnout and
Travel time for the arrival of
the first arriving apparatus
with appropriately trained and
equipped Aircraft Rescue and
Firefighting personnel on
board at an aircraft incident,
where this service is provided
by the fire department.
ARFF VEHICLE
Travel Time Standard:
The Pasco Fire Department has adopted a turnout and travel time standard of 3
minutes for the arrival of the first unit with appropriately trained and equipped Aircraft
Rescue and Firefighting personnel on board to an aircraft incident, which the
department should meet 100% of the time. This standard is adopted to meet Federal
Aviation Administration requirements, 14 CFR Parts 121 and 139.
Actual Department Performance for 2012
The Pasco Fire Department met the Aircraft Rescue and Firefighting performance
Objective 100% of the time. 90% of the fire department incidents experienced an
Aircraft Rescue and Firefighting response time of 1:37 minutes or less.
90% Aircraft Rescue and Firefighting Turnout and Travel Time
2008
2009
2010
2011
2012
1:00
1:23
3:52
2:37
1:37
19
Wildland Firefighting Response Time
Definition: Travel time for the
arrival of the first arriving
apparatus with appropriately
trained and equipped
Wildland Firefighting
personnel on board at a wild
fire incident, where this
service is provided by the fire
department.
Road 40 East 2012
Travel Time Standard:
The Pasco Fire Department has adopted a travel time standard of 6 minutes for the
arrival of the first unit with appropriately trained and equipped Wildland Firefighting
personnel on board to a wildland fire incident, which the department should meet 90%
of the time.
Actual Department Performance for 2012
The Pasco Fire Department met the Wildland Firefighting Performance objective, 94.4%
of the time. 92.9% of the fire department incidents experienced a Wildland Firefighting
response time of 5:46 minutes or less.
900% Wildland RPCnnncP Timn
20013
2009
2010
2011
2012
6:22
5:53
5:26
6.59
5.46
20
Predictable Results
The call volume increased approximately 5% over 2011. However, our overall total
response times are similar.
Reducing travel times significantly will require the addition of a fourth fire station in
the south central area of the city. Modest reductions and improved firefighter and civilian
safety can be achieved with traffic signal pre- emption. and is in the planning stages
associated with traffic signal improvements.
Efforts can and should be focused on call processing and turnouts times. You will see
the plan of action to do this is identical to those proposed in the 2011 Plan of Action
statement for implementation in 2012.
Other major issues facing the fire department are the ongoing costs to maintain and
replace equipment and apparatus, and an aging work force.
Fortunately, apparatus replacement funding was put into place many years ago and has
helped budget for those expenses. We have tried to leverage group purchasing with other
fire agencies to minimize equipment replacement costs.
The second major issue, an aging work force, is having a significant impact on our daily
staffing through increased use of sick leave and disability. The addition of the variable "D"
shift will help reduce the overtime costs however; it's a challenge to hire and train
personnel in a timely manner. Extensive use of the lateral hiring process allows us to
utilize the individual in 6 to 8 weeks compared to 6 months for an untrained individual.
21
Plan of Action
The city will continue to face challenges in order to maintain and /or reduce response
times. The expected growth in population and land area will impact our ability to maintain
response times. The following goals are developed to decrease the impact in a systematic
and fiscally responsible way.
Call Processing
•
Maintain the goal of processing calls within 60 seconds 90% of the time
•
Improve communications systems between communications centers.
Turnout
Times
•
Develop alternative methods of fire station alerting that provides for the
shortest alert processing.
•
Review the activities associated with the beginning of response to look for
time savings.
•
Solve the ongoing mapping problems that reduce the reliability of the Mobile
Data Terminal maps.
•
Proceed with "vehicle routing" upgrade on the MDT's to reduce or eliminate
the time spent looking at the wall map prior to responding.
Travel Time
•
Coordinate and communicate with the City Engineer's office on traffic
management for future intersection development.
•
Implement Automatic Vehicle Location (AVL) as a dispatch method to allow
for the dispatch of the closest available unit.
Full Effective Response Force
•
Link neighboring CAD systems to provide the timeliest and most appropriate
response force.
•
Develop a means to dispatch simultaneously and on a common radio channel
with neighboring communications centers to reduce call processing and
automatic aid response times.
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RCW 35.103.010
Intent.
The legislature intends for city fire departments to set standards for addressing the reporting and
accountability of substantially career fire departments, and to specify performance measures
applicable to response time objectives for certain major services. The legislature acknowledges
the efforts of the international city /county management association, the international association
of fire chiefs, and the national fire protection association for the organization and deployment of
resources for fire departments. The arrival of first responders with automatic external
defibrillator capability before the onset of brain death, and the arrival of adequate fire
suppression resources before flash -over is a critical event during the mitigation of an emergency,
and is in the public's best interest. For these reasons, this chapter contains performance measures,
comparable to that research, relating to the organization and deployment of fire suppression
operations, emergency medical operations, and special operations by substantially career fire
departments. This chapter does not, and is not intended to, in any way modify or limit the
authority of cities and towns to set levels of service.
[2005 c 376 § 101.1
AGENDA REPORT NO, 19
FOR: City Council ( I April 17, 2013
TO: Gary
FROM: Ahmad Qayoutl i, Public Works Director Workshop Mtg.: 4/22/13
Regular Mtg.: 5/06/13
SUBJECT: `A' Street Railroad Crossing UTC Grant
I. REFERENCE(S):
1. Vicinity Map
2. Letter of grant award from Utilities Transportation Commission (UTC) (Council
Packet Only)
3. Layout plans (2 pages)
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
4/22: Discussion
5/06: MOTION: I move to accept the grant offered by UTC in the amount of
$25,000 for the I" and `A' Street Railroad Crossing, and further,
authorize the Mayor to sign the agreement.
III. FISCAL IMPACT:
IV. HISTORY AND FACTS BRIEF:
A. City staff, BNSF Representatives and UTC members met in July of 2012 at I"
Ave. and `A' Street Railroad Crossing to discuss safety concerns. According to
BNSF records, there have been a number of recorded and unrecorded misses
resulting from vehicular traffic going around the railroad crossing mast -arms
when the signal crossing is on. They requested the City's partnership in making
certain improvements consisting of barrier median curbing.
B. Staff has developed scoping and preliminary plans for the improvements. The
improvements will include the installation of 100' of barrier median curbing on
both sides of the crossing to deter vehicles from going around mast -arms when the
crossing signal is on. The UTC has offered a grant of $25,000 to assist the
installation of the improvements.
V. DISCUSSION:
A. City Council members had questions at the January 14, 2013 City Council
Workshop regarding traffic flow and access from `A' Street to I" Ave. in
particular the eastbound to northbound movements. Staff has modified the plans
to better accommodate left turns.
B. Staff considered purchase of the property located at the northwest corner of `A'
Street and lst Ave. as an option to improve the angle of the intersection and
thereby improving turning movements. Based on a planning level review, it
would cost approximately $300,000 to move the intersection to the west. The
benefit does not appear to be worth the cost, as noted below:
i. The new intersection would only move about 30' to 40' west;
ii. Cost is approximately $300,000;
iii. State or the BNSF grants are not available to fund the relocation;
iv. Installation of safety improvements now will not prevent relation of l't
Ave. later.
C. The City's grant match will consist of City crews completing improvements such
as pavement widening, signing and striping. Concrete work will be outsourced to
contractors (using the UTC grant of $25,000).
D. Staff recommend:, Council's approval of the grant agreement.
3(e)
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AGENDA REPORT NO. 20
FOR: City Council April 17, 2013
TO: Gary Crutchfiel Manager
FROM: Ahmad Qayourr#i, Public Works Director Workshop Mtg.: 04/22/2013
Regular Mtg.: 05/06/2013
SUBJECT: Interlocal Cooperative Agreement with Franklin County
I. REFERENCE(S):
1. 2013 Alley Hard Chip Sealing Vicinity Map
2. Interlocal Cooperative Agreement
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
04/22: Discussion
05/06: MOTION: I move to approve the Interlocal Cooperative Agreement for
Chip Sealing Services with Franklin County and further,
authorize the Mayor to sign the agreement.
III. FISCAL IMPACT:
Street Fund ($130,000/2013)
Street Fund ($ 80,000/2014)
IV. HISTORY AND FACTS BRIEF:
A) Franklin County has elected to update an existing Interlocal Agreement from
1998. The agreement allowed the City to contract with Franklin County to repair
alleys with chip seal.
V. DISCUSSION:
A) This agreement is a renewal of an existing agreement and will allow the City and
County to share resources for specific tasks, particularly the alley chip seal
program. Staff recommends approve of the renewal.
3(f)
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INTERLOCAL COOPERATIVE AGREEMENT
BETWEEN FRANKLIN COUNTY AND CITY OF PASCO
FOR GENERAL SERVICES
THIS AGREEMENT is made and entered into by and between Franklin County (Hereinafter
"Franklin ") with its principal offices located at 1016 N 4th Avenue, Pasco, Washington,
99301, by and for the Franklin County Public Works Department, and the City of Pasco,
(Hereinafter "the City ") with its principal offices located at 525 N 3rd Avenue, Pasco,
Washington, 99301, by and for the City of Pasco Public Works Department, pursuant to the
authority granted by Chapter 39.34 RCW, INTERLOCAL COOPERATION ACT.
ARTICLE I
PURPOSE
1.01 PURPOSE. The purpose of this Agreement is to set forth the terms and conditions
under which the City of Pasco and Franklin County may provide services to the other
party; services rendered shall be with the coordination of both governing parties'
respective Public Works Departments.
ARTICLE II
ADMINISTRATION AND ORGANIZATION
2.01 ADMINISTRATOR. The following individuals are designated as representatives of
the respective parties. The representatives shall be responsible for administration of
this Agreement and for coordinating and monitoring performance under this
Agreement. In the event such representatives are changed, the party making the
change shall notify the other party.
2.02 Franklin's representative shall be the Public Works Director or his /her authorized
designee.
2.03 The City's representative shall be the Public Works Director or his /her authorized
designee.
2.04 This Agreement is entered into pursuant to RCW 39.34 as an interlocal agreement
between the parties. Each party shall be solely responsible for all costs, materials,
supplies and services necessary for their performance under the terms of this
Agreement. All property and materials secured by each party in the performance of
this Agreement shall remain the sole property of that party. All funding incident to
the fulfillment of this Interlocal Agreement, shall be borne by each party necessary
for the fulfillment of their responsibilities under the terms of this Agreement. No
special budgets or funds are anticipated, nor shall be created incident to this
Interlocal Cooperation Agreement. It is not the intention that a separate legal entity
INTERLOCAL AGREEMENT BETWEEN FRANKLIN COUNTY AND CITY OF PASCO FOR GENERAL SERVICES
Page 1 of 6
be established to conduct the cooperative undertakings, nor is the acquisition,
holding, or disposing of any real or personal property anticipated under the terms of
this Agreement.
A copy
of
this
Interlocal Agreement shall
be filed with
the Franklin County Auditor, or
posted
on
the
City or County's website as provided by
RCW 39.34.
ARTICLE III
DURATION AND RENEWAL OF AGREEMENT
3.01 DURATION AND RENEWAL. This Agreement shall be effective when executed by
both parties' authorized representatives and shall continue until December 31, 2018
unless terminated in writing by either party.
3.02 SCOPE OF WORK. This Agreement shall provide for the use of labor, equipment
and materials of one agency to perform work for the other agency. The exact scope
of each task shall be defined through individual written task orders approved by both
agencies as a supplement attached hereto and incorporated herein to this
Agreement by reference.
ARTICLE IV
COMPENSATION
4.01 COMPENSATION. The City hereby agrees to reimburse Franklin for the costs of
the work performed by Franklin, based on the actual cost of labor; equipment rental;
engineering; and /or materials used in the maintenance work involved; plus all costs
for fringe benefits to labor, including, but not limited to: social security, retirement,
industrial and medical aid costs, prorated sick leave, holidays and vacation time, and
group medical insurance. In addition thereto, thirteen (13) percent of the total costs
shall be added for overhead costs for accounting and billing and administrative
services; provided, that Franklin shall submit to the City a certificate statement of the
costs and within thirty (30) days thereafter the City shall pay to Franklin the amount
of said statement.
Franklin hereby agrees to reimburse the City for the costs of the work performed by
the City, based on the actual cost of labor; equipment rental; engineering; and /or
materials used in the maintenance work involved; plus all costs for fringe benefits to
labor, including, but not limited to: social security, retirement, industrial and medical
aid costs, prorated sick leave, holidays and vacation time, and group medical
insurance. In addition thereto, thirteen (13) percent of the total costs shall be added
for overhead costs for accounting and billing and administrative services; provided,
that the City shall submit to Franklin a certificate statement of the costs and within
thirty (30) days thereafter Franklin shall pay to the City the amount of said statement.
INTERLOCAL AGREEMENT BETWEEN FRANKLIN COUNTY AND CITY OF PASCO FOR GENERAL SERVICES
Page 2 of 6
ARTICLE V
PERFORMANCE OF AGREEMENT
5.01 COMPLIANCE WITH ALL LAWS. Each party shall comply with all federal, state,
and local laws, rules, regulations and ordinances applicable to the performance of
this Agreement, including without limitation, all those pertaining to wages and hours,
confidentiality, disabilities, and discrimination.
5.02 COMPLIANCE WITH STANDARDS AND SPECIFICATIONS. All work shall be
completed per the standards and specifications of the party owning the respective
property. If there is no local standard or specification for the work to be performed,
the acting party shall comply with WSDOT standards and specifications. If there is
no WSDOT standard or specification, the acting party may complete the work as it
would its own property.
5.03 MAINTENANCE AND AUDIT OF RECORDS. Each party shall maintain books,
records, documents, and other materials relevant to its performance under this
Agreement. These records shall be subjected to inspection, review, and audit by
either party or its designee, and the Washington State Auditor's Office. Each party
shall retain all such books, records, documents, and other materials for the
applicable retention period under federal and Washington law.
5.04 ON -SITE INSPECTIONS. Either party or its designee may evaluate the performance
of this Agreement through on -site inspection to determine whether performance is in
compliance with the standards set forth in this Agreement, and in compliance with
federal, state, and local laws, rules, regulations, and ordinances.
5.05 TREATMENT OF ASSETS AND PROPERTY. No fixed assets or personal or real
property will be jointly or cooperatively acquired, held, used, or disposed of pursuant
to this Agreement.
5.06 IMPROPER INFLUENCE. Each party agrees, warrants, and represents that it did
not and will not employ, retain, or contract with any person or entity on a contingent
compensation basis for the purpose of seeking, obtaining, maintaining, or extending
this Agreement. Each party agrees, warrants, and represents that no gratuity
whatsoever has been or will be offered or conferred with a view towards obtaining,
maintaining, or extending this Agreement.
5.07 CONFLICT OF INTEREST. The elected and appointed officials and employees of
the parties shall not have any personal interest, direct or indirect, which gives rise to
a conflict of interest.
5.08 ASSIGNMENT AND SUBCONTRACTING. No portion of this Agreement may be
assigned or subcontracted to any other individual, firm, or entity without the express
and prior written approval of both parties' authorized representatives.
INTERLOCAL AGREEMENT BETWEEN FRANKLIN COUNTY AND CITY OF PASCO FOR GENERAL SERVICES
Page 3 of 6
5.09 NOTICE. Except as set forth elsewhere in the Agreement, for all purposes under this
Agreement, except service of process, notice to the City shall be to: City Manager, 525
N Third Avenue, Pasco, Washington, 99301 and the City of Pasco City Council, 525 N
Third Avenue, Pasco, Washington, 99301.
Notice to Franklin for all purposes under this Agreement shall be to: Franklin County
Public Works Director, 3416 Stearman Avenue, Pasco, Washington 99301 and the
Franklin County Commissioners 1016 North Fourth Avenue, Pasco, Washington
99301,
ARTICLE VI
INDEMNIFICATION
6.01 INDEMNIFICATION. Franklin agrees to and shall defend, indemnify, and hold
harmless the City, its appointed and elective officials, officers, agents, and employees,
from and against all loss or expense, including, but not limited to judgments,
settlements, attorney's fees, and costs by reason of any and all claims and demands
upon the City, its elected or appointed officials, officers, agents, or employees for
damages because of personal or bodily injury, including death, at any time resulting
therefrom, sustained by any person or persons and on account of damage to property,
including loss of use thereof, when such injury to persons or damage to property is due
to the negligence of Franklin, its elected officials, officers, employees, or their agents,
except when such injury or damage shall have been occasioned by the sole negligence
of the City, its appointed or elected officials, officers, agents, or employees. It is further
provided that no liability shall attach to the City by reason of entering into this
Agreement, except as expressly provided herein.
The City agrees to and shall defend, indemnify, and hold harmless Franklin, its
appointed and elective officials, officers, agents, and employees, from and against all
loss or expense, including, but not limited to judgments, settlements, attorney's fees,
and costs by reason of any and all claims and demands upon Franklin, its elected or
appointed officials, officers, agents, or employees for damages because of personal or
bodily injury, including death, at any time resulting therefrom, sustained by any person
or persons and on account of damage to property, including loss of use thereof, when
such injury to persons or damage to property is due to the negligence of the City, its
elected officials, officers, employees, or their agents, except when such injury or
damage shall have been occasioned by the sole negligence of Franklin, its appointed
or elected officials, officers, agents, or employees. It is further provided that no liability
shall attach to Franklin by reason of entering into this Agreement, except as expressly
provided herein.
ARTICLE VII
DISPUTES
7.01 TIME. Time is of the essence of this Agreement.
INTERLOCAL AGREEMENT BETWEEN FRANKLIN COUNTY AND CITY OF PASCO FOR GENERAL SERVICES
Page 4 of 6
7.02 GOVERNING LAW AND VENUE. In the event of a dispute regarding the
enforcement, breach, or interpretation of this Agreement, the City's City Manager
and the County Administrator shall first meet in a good faith attempt to resolve such
dispute. In the event they are unable to resolve such dispute, either individually or
with the assistance of a mediator, the dispute shall be resolved by arbitration
pursuant to RCW 7.04A; with venue being placed in Franklin County, Washington;
with all parties waiving the right of a jury trial upon de novo appeal, if any; and the
substantially prevailing party being awarded its attorney fees and costs as additional
award and judgment against the other.
ARTICLE VIII
TERMINATION
8.01 TERMINATION. Any party hereto may terminate this Agreement upon thirty (30)
days notice in writing either personally delivered or mailed postage - prepaid by
certified mail, return receipt requested, to the party's last known address for the
purposes of giving notice under this paragraph. If this Agreement is so terminated,
the parties shall be liable only for performance rendered or costs incurred in
accordance with the terms of this Agreement prior to the effective date of
termination.
ARTICLE IX
GENERAL PROVISIONS
9.01 CHANGES, MODIFICATIONS, AMENDMENTS AND WAIVERS. The Agreement
may be changed, modified, amended, or waived only by written agreement signed
by the parties' authorized representatives and adopted by resolution of each party's
legislative authority. Any waiver of a term or condition of this Agreement shall apply
only to the specific act, occurrence, or omission and shall not constitute a waiver as
to any other term or condition, or future act, occurrence, or omission. Waiver or
breach of any term or condition of this Agreement shall not be considered a waiver
of any prior or subsequent breach.
9.02 ASSIGNMENT. Neither party may assign its rights or delegate its duties under this
Agreement, whether by assignment, subcontract, or other means. Any such
attempted assignment or delegation shall be void and shall constitute a material
breach of this Agreement.
9.03 SEVERABILITY. In the event any term or condition of this Agreement or application
thereof to any person or circumstances is held invalid, such invalidity shall not affect
other terms, conditions, or applications of this Agreement which can be given effect
without the invalid term, condition, or application. To this end, the terms and
conditions of this Agreement are declared severable.
INTERLOCAL AGREEMENT BETWEEN FRANKLIN COUNTY AND CITY OF PASCO FOR GENERAL SERVICES
Page 5 of 6
9.04 ENTIRE AGREEMENT. This Agreement contains all the terms and conditions
agreed upon by the parties. All items incorporated herein by reference will be
attached. No other understandings, oral or otherwise, regarding the subject matter of
this Agreement shall be deemed to exist or to bind any of the parties hereto.
9.05 FILING. This Agreement shall be filed pursuant to RCW 39.34.040.
IN WITNESS WHEREOF, the parties have executed this Agreement this day of
20
APPROVED:
BOARD OF COUNTY COMMISSIONERS,
FRANKLIN COUNTY, WASHINGTON
Chair
Chair Pro Tern
Member
ATTEST:
By:
Clerk of the Board
APPROVED AS TO FORM:
By:
Ryan E. Verhulp, Chief Civil
Deputy Prosecuting Attorney
APPROVED:
CITY COUNCIL,
CITY OF PASCO, WASHINGTON
Mayor
Mayor Pro Tern
Member
APPROVED AS TO FORM:
Leland B. Kerr
City Attorney
INTERLOCAL AGREEMENT BETWEEN FRANKLIN COUNTY AND CITY OF PASCO FOR GENERAL SERVICES
Page 6 of 6
AGENDA REPORT NO. 17
FOR: City Council . April 17, 2013
TO: Gary Crutchfi Manager
FROM: Ahmad Qayouirli, Public Works Director Workshop Mtg.: 04/22/2013
Regular Mtg.: 05/06/2013
SUBJECT: Columbia Water Supply - Raw Water Intake
I. REFERENCE(S):
1. Vicinity Map
2. Professional Services Agreement with Scope of Work
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
04/22: Discussion
05/06: MOTION: I move to approve the Professional Services Agreement with the
U.S. Army Corps of Engineers (USACE), for Environmental
Services with respect to the Columbia Water Supply Project in
the amount of $57,450.37, and further, authorize the City
Manager to sign the agreement.
III. FISCAL IMPACT:
None; paid by Ecology grant
IV. HISTORY AND FACTS BRIEF:
A) The City currently draws raw water to supply its new West Pasco Water Treatment Plant
( WPWTP) from an existing intake located immediately west of the I -182 bridge on the
north side of the Columbia River. The existing intake is an older City irrigation system
facility that has been modified to enable pumping through the new membrane pressure
filters at the WPWTP. Both irrigation and potable water is withdrawn from here. The
existing intake has a maximum hydraulic capacity of 9 MGD (approximately 3 MGD for
irrigation and 6 MGD for WPWTP). The City intends to construct the new intake
structure by the end of 2015, including a pumping facility and raw water pipeline
designed and constructed to match the ultimate capacity of the WPWTP (18 MGD). The
new intake will have capacity of 25 MGD for future needs.
B) In December of 2011, City Council awarded the design of Raw Water Intake to Murray
Smith and Associates. Staff and consultant have been working on the design, which
includes the negotiation and purchase of a property adjacent to the existing raw water
intake. The property was purchased and it is now under the City's ownership.
C) There are several permits and approvals required from a number of regulatory
jurisdictions, such as the USACE, Federal Fish & Wildlife and shoreline permits just to
name a few.
D) For the past ten months staff and the consultant have been working and coordinating with
the USACE. Approval and obtaining permits is a major task of the project.
E) During discussions and review by the USACE they determined that an Environmental
Assessment (EA) is needed in order to grant an easement for the Raw Water Intake along
Columbia River.
V. DISCUSSION:
A) It was determined by USACE that an EA is required to get easement and work
needed for Raw Water Intake.
B) Staff evaluated the cost different of amending the existing consultant agreement with
MSA to complete the EA task, or have the EA completed by USACE. Staff
recommends the USACE complete the EA based on the following:
i. The consultant estimates the level of effort required to complete the EA
could be $100,000 or more. USACE's estimate is substantially less.
3(g)
ii. EA completed by the consultant would require review by the USACE and
fees would be paid by the City. This process would add additional time
for approval of the permit.
C) The USACE has prepared a scoping for the EA in the amount of $57,450.37.
D) As part of this effort the USACE will also start the process of evaluation of the real
estate easement needed for the Raw Water Intake.
E) The full evaluation, appraisal and cost of easement will be completed as a separate
task at a later date.
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PROFESSIONAL SERVICES AGREEMENT
COLUMBIA WATER SUPPLY - RAW WATER INTAKE
THIS AGREEMENT is made and entered into between the City of Pasco, a Washington
Municipal Corporation, hereinafter referred to as "City ", and USACE, hereinafter referred to as
"Consultant."
RECITALS
WHEREAS, the City desires to have certain services and/or tasks performed as set forth
below requiring specialized skills, training, equipment, and other supportive capabilities; and
WHEREAS, the Consultant represents that it is qualified and possesses sufficient skills,
experience, equipment, and necessary capabilities, including technical and professional
expertise, when required, to perform the services and/or tasks as set forth in this Agreement upon
which the City is relying.
NOW, THEREFORE, in consideration of the mutual covenants, and performances
contained herein, the parties agree as follows:
11 Scone of Services. The Consultant shall perform such services and accomplish such
tasks, including the furnishing of all labor, materials, facilities and equipment necessary
for full performance thereof, as identified and designated as Consultant's Responsibilities
throughout this Agreement, and as more particularly described in Scope of Work detailed
in Exhibit A, attached hereto and incorporated herein (the "Project ").
26 Term. This Project shall begin on May 06, 2013, and promptly be completed by
December 31, 2013, in accordance with the schedule.
3. Compensation and Payment.
3.1 Payment for services provided hereunder shall be made following the
performance of such services. Such payment shall be full compensation for work
performed or services rendered, and for all labor, materials, supplies, equipment,
and incidentals necessary to complete the Project.
3.2 No payment shall be made for any services rendered by the Consultant except for
services identified and set forth in this Agreement except as may be authorized by
a prior written supplemental agreement approved by the City.
3.3 The City shall pay the Consultant for work performed under this Agreement upon
timely submitted invoices detailing work performed and expenses for which
reimbursement is sought. The City shall approve all invoices before payment is
issued. Payment shall occur within thirty (30) days of receipt and approval of an
invoice.
Professional Services Agreement- 1
3.4 The City shall pay the Consultant for such services as follows:
[ ] Hourly: (Single Rate) $ per hour plus actual expenses
incurred as provided under this Agreement, but not to exceed a total of
$ without prior written authorization by the City; or
[ ] Hourly: (Multiple Rate). Such rates as identified on Exhibit A, plus
actual expenses incurred as provided under this Agreement, but not to
exceed a total of $ without the prior written authorization by
the City; or
[ X ] Fixed Sum: A total of $57.450.37; or
[ ]. Other:
for all work performed and expenses incurred under this Agreement.
4. Reports and Inspections.
4.1 The Consultant at such times and in such forms as the City may require, shall
furnish to the City such statements, records, studies, surveys, reports, data, and
information as the City may request pertaining to matters covered by this
Agreement.
4.2 The Consultant shall, at any time during normal business hours and as often as the
City or the Washington State Auditor may reasonably deem necessary, make
available for examination all of its records and data with respect to all matters
covered, directly or indirectly, by this Agreement and shall permit the City, or its
designated authorized representative to audit and inspect other data relating to all
matters covered by this Agreement. The City shall receive a copy of all audit
reports made by the agency or firm as to the Consultant's activities. The City
may, at its discretion, conduct an audit at its expense, using its own or outside
auditors, of the Consultant's activities which relate, directly or indirectly, to this
Agreement. Consultant shall be provided a copy of such reports.
4.3 The Consultant, during the term of this Agreement, shall obtain all permits and
registration documents necessary for the performance of its work and for the
execution of services at its own expense, and shall maintain its validity. Upon
request, the Consultant shall deliver to the City copies of these licenses,
registration documents, and permits or proof of their issuance or renewal.
4.4 Consultant shall maintain books, records and documents, which sufficiently and
properly reflect all direct and indirect costs related to the performance of this
Agreement, and shall maintain such accounting procedures and practices as may
be necessary to assure proper accounting of all funds paid pursuant to this
Professional Services Agreement- 2
Agreement. These records shall be subject, at all reasonable times, to inspection,
review, or audit as provided above.
4.5 The Consultant shall retain all books, records, documents or other material
relevant to this Agreement for three (3) years after its expiration. Consultant
agrees that the City, or its designee, shall have full access and right to examine
any of said materials at all reasonable times during this period.
5. Ownership and Use of Documents.
5.1 All research, tests, surveys, preliminary data, information, drawings and
documents made, collected, or prepared by the Consultant for performing the
services subject to this Agreement, as well as any final product, collectively
referred to as "work product ", shall be deemed as the exclusive property of the
City, including copyright as secured thereon. Consultant may not use them except
in connection with the performance of the services under this Agreement or with
the prior written consent of the City. Any prior copyrighted materials owned by
the Consultant and utilized in the performance of the services under this
Agreement, or embedded in with the materials, products and services provided
thereunder, shall remain the property of the Consultant subject to a license
granted to the City for their continued use of the products and services provided
under this Agreement. Any work product used by the Consultant in the
performance of these services which it deems as "confidential ", "proprietary ", or a
"trade secret" shall be conspicuously designated as such.
5.2 In the event of Consultant's default, or in the event that this Agreement is
terminated prior to its completion, the work product of the Consultant, along with
a summary of the services performed to date of default or termination, shall
become the property of the City, and tender of the work product and summary
shall be a prerequisite to final payment under this Agreement. The summary of
services provided shall be prepared at no additional cost, if the Agreement is
terminated through default by the Consultant. If the Agreement is terminated
through convenience by the City, the City agrees to pay Consultant for the
preparation of the summary of services provided.
6. Public Records.
6.1 Consultant acknowledges that the City is an agency subject to Chapter 42.56
RCW "Public Records Act." All preliminary drafts or notes prepared or gathered
by the Consultant, and recommendations of the Consultant are exempt prior to the
acceptance by the City or its prior public citation by the City in connection with
City action.
6.2 If the Consultant becomes a custodian of public records of the City and request
for such records is received by the City, the Consultant shall respond to the
request by the City for such records within five (5) business days by either
Professional Services Agreement- 3
providing the records, or by identifying in writing the additional time necessary
to provide the records with a description of the reasons why additional time is
needed. Such additional time shall not exceed twenty (20) working days unless
extraordinary good cause is shown.
6.3 In the event the City receives a public records request for protected work product
of the Consultant within its possession, the City shall, prior to the release of any
protected work product or as a result of a public records request or subpoena,
provide Consultant at least ten (10) business days prior written notice of the
pending release and to reasonably cooperate with any legal action which may be
initiated by the Consultant to enjoin or otherwise prevent such release.
Independent Contractor Relationship.
7.1 The parties intend that an independent contractor relationship is created by this
Agreement. The City is interested primarily in the results to be achieved; subject
to the scope of services and the specific requirements of this Agreement, the
implementation of services will lie solely with the discretion of the Consultant.
No agent, employee, officer or representative of the Consultant shall be deemed to
be an employee, agent, officer, or representative of the City for any purpose, and
the employees of the Consultant are not entitled to any of the benefits or
privileges the City provides for its employees. The Consultant will be solely and
entirely responsible for its acts and for the acts of its agents, employees, officers,
subcontractors or representatives during the performance of this Agreement.
7.2 In the performance of the services provided in this Agreement, Consultant is an
independent contractor with full authority to control and direct the performance of
the details of the work, however, the results of the work contemplated herein must
meet the approval of the City and shall be subject to the City's general rights of
inspection and review to secure the satisfactory completion thereof.
7.3 The Consultant shall comply with all State and Federal laws including, but not
limited to:
7.3.1 The definition requirements of RCW 50.04.140 (Employment Security).
7.3.2 RCW 51.08.195 (Industrial Insurance).
7.3.3 Obtain a City of Pasco business license.
7.4 The City may, at its sole discretion, require the Consultant to remove any
employee, agent or servant from employment on this Project who, in the City's
sole discretion, may be detrimental to the City's interest.
8. Indemnification.
Professional Services Agreement- 4
8.1 The Consultant shall defend, indemnify, and hold harmless the City, its officers,
officials, agents, employees, and volunteers from any and all claims and causes of
action, including, but not limited to, actions of law or administrative proceedings
for all injuries to persons or damages to property, and all losses, damages,
demands, suits, judgments, including attorney fees, arising out of, or as a result
of, or in connection with the work performed under this Agreement, and caused or
occasioned in whole or in part by reason of errors, negligent acts or omissions of
the Consultant or its subcontractors in the performance of this Agreement, except
for injuries and damages caused by the sole negligence of the City, its officers,
employees, agents, and volunteers.
8.2 Should a Court of competent jurisdiction determine that this Agreement is subject
to RCW 4.24.115, then, in the event of liability for damages arising out of bodily
injuries or damages to property caused by or resulting from the concurrent
negligence of the Consultant, and the City, its officers, employees, agents and
volunteers, the Consultant's liability and obligation to defend hereunder shall only
be the proportionate extent of the Consultant's negligence.
8.3 It is further agreed that the indemnification provided herein constitutes the
Consultant's waiver of immunity under Industrial Insurance, Title 51 RCW, solely
for the purposes of this indemnification.
8.4 No liability shall attach to the City by reason of entering into this Agreement
except as expressly provided herein.
8.5 This indemnification shall include damages, penalties and attorney fees sustained
as a result of Consultant's delayed or failed performance of Section 6 above.
8.6 This waiver has been mutually negotiated by the parties, and the provisions of this
section shall survive the expiration or termination of this Agreement.
91 Insurance. The Consultant shall procure and maintain for the duration of the
Agreement, insurance against claims for injuries to persons or damage to property which
may arise from or in connection with the performance of the work hereunder by the
Consultant, its agents, representatives, employees, or subcontractors.
9.1 Minimum Scope of Insurance. Consultant shall obtain insurance of the types
described below:
9.1.1 Automobile Liability insurance covering all owned, non - owned, hired and
leased vehicles. Coverage shall be written on Insurance Services Office
(ISO) form CA 00 01 or a substitute form providing equivalent liability
coverage. If necessary, the policy shall be endorsed to provide contractual
liability coverage.
Professional Services Agreement- 5
9.1.2 Commercial General Liability insurance shall be written on ISO
occurrence form CG 00 01 and shall cover liability arising from premises,
operations, independent contractors and personal injury and advertising
injury. The City shall be named as an insured under the Consultant's
Commercial General Liability insurance policy with respect to the work
performed for the City.
9.1.3 Workers' Compensation coverage as required by the Industrial Insurance
laws of the State of Washington.
9.1.4 Professional Liability insurance appropriate to the Consultant's profession.
9.2 Minimum Amounts of Insurance. Consultant shall maintain the following
insurance limits:
9.2.1 Automobile Liability insurance with a minimum combined single limit for
bodily injury and property damage of $1,000,000 per accident.
9.2.2 Commercial General Liability insurance shall be written with limits no
less than:
[ ] $1,000,000 each occurrence;
[ ] $2,000,000 general aggregate; or
[X ] $1 million each occurrence; and $2 million general aggregate
9.2.3 Professional Liability insurance shall be written with limits no less than:
[X ] $1,000,000 per claim;
[ ] $1,000,000 policy aggregate limit; or
[ ] $ per claim; and $ per policy aggregate limit.
9.3 Other Insurance Provisions. The insurance policies are to contain, or be endorsed
to contain, the following provisions for Automobile Liability, Professional
Liability, and Commercial General Liability insurance:
9.3.1 The Consultant's insurance coverage shall be primary insurance as
respects the City. Any insurance, self - insurance, or insurance pool
coverage maintained by the City shall be excess of the Consultant's
insurance and shall not contribute with it.
9.3.2 The Consultant's insurance shall
not be cancelled by either party,
notice by certified mail, return
City.
Professional Services Agreement- 6
be endorsed to state that coverage shall
except after thirty (30) days prior written
receipt requested, has been given to the
9.4 Acceptability of Insurers. Insurance is to placed with insurers with a current A.M.
Best rating of not less than A:VII.
9.5 Verification of Coverage. Consultant shall furnish the City with original
certificates and a copy of the amendatory endorsements, including but not
necessarily limited to the additional insured endorsement, evidencing the
insurance requirements of the Consultant before commencement of the work.
10. Nondiscrimination. In the performance of this Agreement, the Consultant will not
discriminate against any employee or applicant for employment on the grounds of race,
creed, color, national origin, sex, marital status, age or the presence of any sensory,
mental or physical handicap; provided that the prohibition against discrimination in
employment because of handicap shall not apply if the particular disability prevents the
proper performance of the particular worker involved. The Consultant shall ensure that
applicants are employed, and that employees are treated during employment in the
performance of this Agreement without discrimination because of their race, creed, color,
national origin, sex, marital status, age or the presence of any sensory, mental or physical
handicap. Consultant shall take such action with respect to this Agreement as may be
required to ensure full compliance with local, State and Federal laws prohibiting
discrimination in employment.
11. Covenant Against Contingent Fees. The Consultant warrants that it has not employed
nor retained any company, firm, or person, other than a bona fide employee working
exclusively for the Consultant, to solicit or secure this Agreement; and that it has not paid
or agreed to pay any company, person or firm, other than a bona fide employee working
exclusively for the Consultant, any fee, commission, percentage, brokerage fee, gift, or
other consideration contingent upon or resulting from the award or making of this
Agreement. For breach or violation of this warranty, the City shall have the right to
terminate this Agreement.
12. Assignment and Subcontracting.
12.1 The City has awarded this Agreement to the Consultant due to its unique
qualifications to perform these services. The Consultant shall not assign (or
subcontract other than as specifically identified in Exhibit A) its performance
under this Agreement or any portions of this Agreement without the prior written
consent of the City, which consent must be sought at least thirty (30) days prior to
the date of any proposed assignment.
12.2 Any work or services assigned or subcontracted hereunder shall be subject to each
provision of this Agreement including Section 6, Public Records; Section 10,
Nondiscrimination; proper bidding procedures where applicable; and all local,
State and Federal statutes, ordinances and guidelines.
12.3 Any technical or professional service subcontract not listed in this Agreement,
must have prior written approval by the City
Professional Services Agreement- 7
13. Termination,
13.1 Termination for Convenience. Either party may terminate this Agreement for any
reason upon giving the other party no less than ten (10) calendar days written
notice in the advance of the effective date of such termination.
13.2 Termination for Cause. If the Consultant fails to perform in the manner called for
in this Agreement, or if the Consultant fails to comply with any other provisions
of this Agreement and fails to correct such noncompliance within five (5)
calendar days of written notice thereof, the City may terminate this Agreement for
cause. Termination shall be effected by serving a notice of termination on the
Consultant setting forth the manner in which the Consultant is in default. The
Consultant will only be paid for services for complying with the terms of this
Agreement.
14, General Provisions,
14.1 For the purpose of this Agreement, time is of the essence.
14.2 Notice. Notice provided for in this Agreement shall be sent by:
14.2.1 Personal service upon the Project Administrators.
14.2.2 Certified mail to the physical address of the parties, or by electronic
transmission to the e-mail addresses designated for the parties below.
14.3 The Project Administrator for the purpose of this Agreement shall be:
14.3.1 For the City: Ahmad Qayoumi
Public Works Director, or his designee
525 North 3rd
Pasco WA 99301
gayoumia @pasco- wa.gov
14.3.2 For the Consultant: United States Army Corps of Engineers
201 North Third Avenue
Walla Walla, WA 99362
15, Dispute Resolution,
15.1 This Agreement has been and shall be construed as having been made and entered
into and delivered within the State of Washington, and it is agreed by each party
hereto that this Agreement shall be governed by the laws of the State of
Washington.
Professional Services Agreement- 8
15.2 In the event of a dispute regarding the enforcement, breach, default, or
interpretation of this Agreement, the Project Administrators, or their designees,
shall first meet in a good faith effort to resolve such dispute. In the event the
dispute cannot be resolved by agreement of the parties, said dispute shall be
resolved by arbitration pursuant to RCW 7.04A, as amended, with both parties
waiving the right of a jury trial upon trial de novo, with venue placed in Pasco,
Franklin County, Washington. The substantially prevailing party shall be entitled
to its reasonable attorney fees and costs as additional award and judgment against
the other.
16. Nonwaiver. Waiver by the City of any provision of this Agreement or any time
limitation provided for in this Agreement, shall not constitute a waiver of any other
similar event or other provision of this Agreement.
17, Integration. This Agreement between the parties consist in its entirety of this document
and any exhibits, schedules or attachments verified by initials as a part of Exhibit A. Any
modification of this Agreement or change order affecting this Agreement shall be in
writing and signed by both parties.
18. Authorization. By signature below, each party warrants that they are authorized and
empowered to execute this Agreement binding the City and the Consultant respectively.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on
the day and year first written above.
CITY OF PASCO, WASHINGTON
By:
525 North 3rd
Pasco WA 99301
(509)
E -Mail
ATTEST:
Debbie Clark, City Clerk
APPROVED AS TO FORM:
Leland B. Kerr, City Attorney
Professional Services Agreement- 9
USACE
By:
201 North Third Avenue
Walla Walla, WA 99362
E -Mail
EXHIBITA
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ATTENnON OF
A REPLYTO
Real Estate Division
CERTIFIED MAIL— RETURN RECEIPT REQUESTED
DEPARTMENT OF THE ARMY
WALLA WALLA DISTRICT, CORPS OF ENGINEERS
201 NORTH THIRD AVENUE
WALLA WALLA WA 99362.1876
April 1, 2013
Mr. Ahmad Qayoumi, Public Works Director
City of Pasco, Public Works Department
525 North Third Avenue
Pasco, Washington 99301
Dear Mr. Qayoumi:
Thank you for participating with the Walla Walla District (the District) staff on the conference
call this morning to discuss the Columbia Water Supply Project (the project). As agreed during
the call, this letter requests the additional funding that will allow our District to prepare the
Environmental Assessment, the Biological Assessment and conduct the consultation required
for the project by the National Environmental Policy Act, the Endangered Species Act and the
National Historic Preservation Act.
The amount requested is $57,450.37. The break down in costs is as follows:
Real Estate Costs: $ 21973.19
Office of Counsel Review: $ 157.50
Environmental & Biological Assessments: $ 47,922.00
Historic Preservation Act Coordination: $ 3,697.68
Contingency: $ 2,000.00
Appraisal Estimate: S 700.00
Total: $57,450.37
The costs above reflect a 5 percent overhead increase in Corps of Engineers labor rates due to
take effect on April 7, 2013.
Please
have a check or
money
order made payable to F&AO, USAED WALLA WALLA for the
above sum of $57,450.37.
Please
add the tracking number 422017 to the payment document.
Send the
payment to the
address
above, ATTENTION: Real Estate Division.
If you have any questions, call me at 509 -527 -7324, You can also reach me by
e -mail at Paul.S.Shampine @usace.army.mil.
Sincerely,
aU.Ok s
Paul Shampine
Realty Specialist
AGENDA REPORT
FOR: City Council I I April 17, 2013
TO: Gary Crutchfie Manager Workshop Mtg.: 4/22/2013
Regular Mtg.: 5/6/2013
FROM: Rick White,
Community & ' conomic Development Director t
SUBJECT: Waiver of Sewer Utility Service Requirement (2113 Market Drive) (MF# USW
2013.008)
I. REFERENCE(s):
1. Vicinity Map
2. Proposed Utility Service Waiver Agreement
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
4/22: DISCUSSION
5/6: MOTION: I move to approve the sewer utility service waiver at 2113 Market
Drive and authorize the City Manager to sign the Waiver
Agreement.
III. FISCAL IMPACT:
None
IV. HISTORY AND FACTS BRIEF:
A. In April 2013 the applicant applied for a utility service waiver to install a septic
system for new construction of single family dwelling on an existing platted lot at
2113 Market Drive. PMC 16.06 requires connection to the utility system when a
building permit is issued unless such requirement is waived by action of City
Council.
B. Utility waivers are granted /denied by City Council in accord with the
requirements of PMC 16.06.050. This section of the PMC requires that City
Council base their decision based on the following criteria:
• Special
circumstances applicable
to the
property in question or the
intended
use that do not generally
apply to
other properties or classes of
uses in the same vicinity or zoning
classification.
• A waiver is necessary for the preservation and enjoyment of a substantial
property right or use possessed by other properties in the same vicinity and
same zoning classification, which because of special circumstances is
denied to the property in question.
• The granting of the waiver will not be detrimental to the public welfare or
egregious to other property improvements in such vicinity and zoning
classification, which the subject property is located.
• The granting of a waiver will not conflict with the general intent of this
chapter.
3(h)
C. The above criteria contained in 16.06.050 is established to measure unusual or
unique circumstances peculiar to a certain property that would justify waiver of a
requirement for utility connections similar to the way a land use variance would
be evaluated.
D. The recent annexation of Riverview Area #2 poses a different set of
circumstances where most developed and undeveloped properties share a
common condition — unavailability of sewer service.
V. DISCUSSION:
A. The requested waiver is in the immediate vicinity of several sewer waivers that
have recently been approved. Presently, there is no sewer service provided near
the property. The existing closest sewer line is approximately 3,934 feet distance
from the applicant's property and it is not cost effective for a private party or the
City to provide for the extension of such line. In addition, the Sewer Master Plan
shows this area is served by lift stations expected to be provided approximately in
the year 2025. While the date could change depending on the rate of
development, it is accurate to state that sewer infrastructure is not in place now or
in the near future for extension to the properties in question.
B. The applicant's property is similar and in some respects identical to much of the
surrounding residential development. All of the surrounding single family homes
have been developed with septic systems on relatively large lots. A local
improvement district to extend sewer to this part of Pasco is not likely due to the
existing zoning and development pattern in the area.
C. Standards for septic systems are administered through the Benton Franklin Health
Department and will apply to the installation of septic systems on this property. It
is not expected that the waiver will be detrimental to public health or welfare in
this vicinity.
D. The granting of a waiver will not conflict with the intent of chapter 16.06 of the
PMC. The significant costs associated with immediate sewer line extension, the
low probability for the area to be served by city sewer infrastructure (pump
stations) in the near future and the unlikelihood of a local improvement district
leads staff to recommend that a waiver be granted for connection to the city sewer
system for the property.
WHEN RECORDED RETURN TO:
City of Pasco, Washington
Engineering Department
525 North 3rd Avenue
Pasco, WA 99301
UTILITY SERVICE WAIVER AGREEMENT
(CHAPTER 16.06 PMC)
1) The undersigned is the owner of the real property situated in Franklin County, Washington addressed as
2113 Market Drive and described as;
Tax Parcel # 118 -582 -076
Legal: Lot 5, Columbia Flats II, according to the Plat thereof recorded in Volume 4 of Plats
Page 409, records of Franklin County, Washington
2) The undersigned has made application for waiver of the utility service requirements of Chapter 16.06 PMC
and the Pasco City Council has by motion approved said waiver based on the following Findings:
a) Presently, there is no sewer service provided near the property. The existing closest sewer line is
approximately 3,934 feet distance from the applicant's property and it is not cost effective for a
private party or the City to provide for the extension of such line. In addition, the Sewer Master
Plan shows this area is served by lift stations expected to be provided approximately in the year
2025. While the date could change depending on the rate of development, it is accurate to state
that sewer infrastructure is not in place now or in the near future for extension to the properties in
question.
b) The applicant's property is similar and in some respects identical to much of the surrounding
residential development. All of the single family homes in this vicinity have been developed with
septic systems on relatively large lots. A local improvement district to extend sewer to this part of
Pasco is not likely at this time due do the existing development pattern and rural conditions in the
area.
c) Standards for septic systems are administered through the Benton Franklin Health Department and
will apply to the installation of septic systems on this property. It is not expected that the waiver
will be detrimental to public health or welfare in this vicinity.
d) The granting of a waiver will not conflict with the intent of chapter 16.06 of the PMC. The
significant costs associated with sewer line extension, the timeframe expected for the provision of
infrastructure to allow the area to be served by city sewer, and the unlikelihood of a local
improvement district in the near future support the granting of a waiver for connection to the city
sewer system for the property.
3) The waiver is conditioned upon the undersigned making the following agreements and acknowledgments
with the City, which the undersigned does hereby freely and voluntarily make:
a. The undersigned agrees to provide the City of Pasco with all necessary Health District approvals for the
use of a septic tank system at the above referenced property:
b. The undersigned acknowledges that the granting of a sewer utility waiver does not exempt him/her
from any obligation that results from the formation of a Local Improvement District to provide sanitary
sewer to the undersigned's property.
c. The undersigned shall pay an equitable share of any private sewer utility extensions abutting the
undersigned's property.
d. The above covenants to the City shall run with the land and be binding on the owner, on the
undersigned, his/her heirs, devisees, successors and assigns and all owners now or hereafter of the land
above described, or of any of said land described above.
e. A violation of any of the above covenants may be enjoined and the same enforced at the suit of the
City.
DATED this day of 20_
Signature of Legal Property Owner(s)
STATE OF WASHINGTON
ss.
County of Franklin
Signature of Legal Property Owner(s)
On this day personally appeared before me to be known to be the
individual(s) described in and who executed the within and foregoing instrument, and acknowledged that they signed
the same as their free and voluntary act and deed for the uses and purposes therein mentioned.
GIVEN under my hand and official seal this _ day of 20 .
NOTARY PUBLIC in and for the State of Washington
Residing at:
My Commission Expires:
This utility service waiver and agreement has been approved by the Pasco City Council on
20
Gary Crutchfield, City Manager
STATE OF WASHINGTON
ss.
County of Franklin
day of
On this day personally appeared before me, Gary Crutchfield, to be known to be the individual(s) described
in and who executed the within and foregoing instrument, and acknowledged that they signed the same as their free
and voluntary act and deed for the uses and purposes therein mentioned.
GIVEN under my hand and official seal this
NOTARY PUBLIC in and for the State of Washington
Residing at:
My Commission Expires:
day of 20 .
UTILITY SERVICE WAIVER AGREEMENT - PAGE 2
AGENDA REPORT
TO: City Council ( I April 17, 2013
FROM: Gary Crutchfie anager Workshop Mtg.: 4/22/13
Regular Mtg.: 5/6/13
SUBJECT: Committee App intments for Regional PFD Ballot Issue
I. REFERENCE(S):
1. Letter from Tri- Cities Regional PFD President dated 4/16/13
2. Committee Applications (Council packets only)
3. Proposed Resolution
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
4/22: Discussion
5/6: MOTION: I move to approve Resolution No. c3(, ratifying the Proposed
Appointments of the Tri- Cities Regional Public Facilities District
for Pro and Con Committees.
III. FISCAL IMPACT:
None
IV. HISTORY AND FACTS BRIEF:
A) The Tri-Cities Regional Public Facilities District ( TCRPFD) has spent the past
two years evaluating potential regional facility proposals for possible presentation
to voters of the district (cities of Pasco, Kennewick and Richland). The Board
recently concluded that it wishes to refer to the voters the possibility of a one-
tenth of one - percent sales tax increase (one -cent tax on a ten dollar purchase) for
construction and operation of a regional aquatics facility. The District anticipates
placing that question on the August ballot.
B) State law requires a ballot issue to include an opportunity for citizens to provide
"pro" and "con" statements. To do so, the legislative authority responsible for the
ballot issue must appoint the necessary committees. In the case of the TCRPFD,
however, there is some question as to whether the appointments that have been
identified by the TCRPFD must also be approved by each City Council; to remove
any doubt, the TCRPFD has asked for city concurrence (ratification) in the
District's proposed appointments.
C) TCRPFD solicited applications and recommends those outlined in the attached
letter from TCRPFD President Matt Watkins.
V. DISCUSSION:
A) Given the fact that the TCRPFD solicited applications throughout the three cities,
evaluated the applications received and recommends appointment of individuals
residing within the district (and, to the extent possible, all three cities), the
proposed appointments appear to be appropriate. In view of the timeline imposed
by state law, staff recommends Council approve a resolution concurring in the
appointments at the May 6 business meeting.
3(i)
Tri- Cities Regional Public Facilities District
April 16, 2013
Gary Crutchfield, City Manager
City of Pasco
P.O. Box 293
Pasco, WA 99301
Dear Mr. Crutchfield:
Matt Watkins, President
Steve Young, Vice - President
Sandra Kent, Secretary/Treasurer
Don Britain
Rebecca Francik
John Givens
Saul Martinez
John Fox
Fred Raab
Approaching the likelihood that the Tri- Cities Regional Public Facilities District ( TCRPFD) will vote to
place the aquatic facility project and a one -tenth of one - percent sales tax issue on the August election
ballot, the Tri- Cities Regional Public Facilities District recently solicited applications from citizens
interested in serving on either a pro or con committee to write position statements for the election voters'
guide.
Such committees are to be appointed by the "legislative authority" for the respective jurisdiction per
RCW 29A.32.280. As there are some questions as to whether the TCRPFD Board constitutes the
legislative authority, legal counsel advised that each City Council should be asked to ratify the proposed
appointments to the committees. Committees can have a maximum of three appointees.
Pursuant to the solicitation, the TCRPFD received a total of eight applications; 4 for the pro side and 4
con. As two applicants are not voters residing within any of the cities, one for each committee, the
Board's recommendation is to appoint the following:
Pro Committee
Terry Allen — Kennewick
Douglas Wertz — Richland
Paul Whitemarsh — Pasco
Con Committee
Victor Epperly — Kennewick
Jerry Martin — Kennewick
Richard Weiss — Pasco
(Non- resident voters, not recommended for appointment: pro -Randy Willis; con - Willis Stewart)
As the ballot issue resolution for the August election must be filed by May 10 and committee
appointments must be made by May 13, the Board would appreciate the City Council's action on this
matter prior to its regular meeting of May 8. Thank you.
MW /tz
Sincerely,
Matt Watkins, President
Tri- Cities Regional Public Facilities District
RESOLUTION NO.= >
A Resolution of the City Council of the City of Pasco, Washington,
Ratifying the Proposed Appointments of the Tri- Cities Regional Public Facilities
District for Pro and Con Committees.
WHEREAS, the Tri- Cities Regional Public Facilities District ( TCRPFD) anticipates the
placement of a sales tax increase proposal, to fund a regional aquatics facility, on the August
primary election ballot; and
WHEREAS, RCW 29A.32.280 requires the "legislative authority" for any jurisdiction
placing an issue on the ballot, to provide for the appointment of committees, both known to
oppose and support such issue for the express purpose of authorizing position statements for the
published voters' election guide; and
WHEREAS, there is uncertainty as to whether the TCRPFD Board constitutes the
"legislative authority" but the Board has, after soliciting applications from the public, made
recommendations for committee appointments; and
WHEREAS, the Pasco City Council finds the proposed appointments to be acceptable;
NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DOES
RESOLVE AS FOLLOWS:
Section 1. That the City Council does hereby approve and ratify the following
appointments to the pro and con committees as recommended by the TCRPFD:
Pro Committee
Terry Allen — Kennewick
Douglas Wertz — Richland
Paul Whitemarsh — Pasco
Con Committee
Victor Epperly — Kennewick
Jerry Martin — Kennewick
Richard Weiss —Pasco
Section 2. The City Clerk shall provide a copy of this resolution to the TCRPFD upon
passage.
PASSED by the City Council of the City of Pasco, Washington, at its regular meeting on
the 6th day of May, 2013.
Matt Watkins, Mayor
Attest
Debra L. Clark, City Clerk
Approved as to Form:
Leland B. Kerr, Attorney
AGENDA REPORT NO. 22
FOR: City Council
TO: Gary Crutchfiel anager
FROM: Ahmad Qayou i, Public Works Director
SUBJECT: Accept 5a' Avenue Sewer Repair
I. REFERENCE(S):
1. Vicinity Map
2. Resolution
April 29, 2013
Regular Mtg.: 5/6/13
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
5/6: MOTION: I move to approve Resolution No.3/0 accepting the work
performed by Ray Poland & Sons, Inc. under contract for the 5th
Avenue Sewer Repair Project.
III. FISCAL IMPACT:
Utility Fund
IV. HISTORY AND FACTS BRIEF:
A) This project consisted of raising the manhole at 5`s Ave & Burlington Northern
Santa Fe Railroad tracks.
B) On November 19, 2013, Council awarded the 5th Avenue Sewer Repair, Project
No. C7- SE- 2R -12 -20 to Ray Poland & Sons, Inc. for $81,178.50 including sales
tax.
V. DISCUSSION:
A) The final project construction contract totaled $78,463.50 including sales tax. The
design of the project anticipated an excavation of the manhole to approximately 13 to 16'
depth. During construction the excavation of manhole was to a depth of 8'. Change
Order number 2 reflects a credit of $2,500 for the reduced excavation time.
B) The work is now complete and staff recommends acceptance of this work.
3��
RESOLUTION NO. q
A RESOLUTION ACCEPTING WORK PERFORMED BY RAY POLAND & SONS,
INC. UNDER CONTRACT FOR THE 5TH AVENUE SEWER REPAIR, PROJECT NO. C7-
SE-2R-12-20.
WHEREAS, the work performed by Ray Poland & Sons, Inc. under contract for the 5th
Avenue Sewer Repair, Project No. C7- SE- 2R- 12 -20, has been examined by the Public Works
Operations Division and has been found to be in apparent compliance with the applicable project
specifications and drawings, and
WHEREAS, it is Public Works Operations Division 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 Public Works Operations Division recommendation and thereby
accepts the work performed by Ray Poland & Sons, Inc. under contract for the 5th Avenue Sewer
Repair, Project No. C7- SE- 2R- 12 -20, 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 6"' day of May 2013.
Matt Watkins
Mayor
ATTEST:
Debra L. Clark
City Clerk
APPROVED AS TO FORM:
Leland B. Kerr
City Attorney
AGENDA REPORT
FOR: City Council April 25, 2013
TO: Gary Crutchf. ty ager Regular Mtg.: 5/6/13
Rick White,
Community Economic Development Director 7,
FROM: David I. McDonald, City Planner
SUBJECT: STREET VACATION (MF# VAC 2011 -008) Portions of East Lewis Place from
Heritaee Blvd to SR -12
I. REFERENCE(S):
1. Overview Map
2. Vicinity Map
3. Proposed Ordinance
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
Continue Public Hearing:
5/6: MOTION: I move to adopt Ordinance No. , an Ordinance vacating
portions of East Lewis Place and, further, to authorize publication by
summary only.
III. FISCAL IMPACT:
NONE
IV, HISTORY AND FACTS BRIEF:
A. The new owners of Bradley Auto Wrecking petitioned for the vacation of the south 40
feet of East Lewis Place fronting the wrecking yard approximately a year ago. As the
vacation request was being processed it was soon discovered there was not a consistent
width for the right -of -way on East Lewis Place. The right -of -way ranges from
approximately 80 feet to over 200 feet in width depending on the location on the street. In
addition to the variable right -of -way width it was unclear where the center line of the
street was located.
B. As a result of the uncertainties over the East Lewis Place right -of -way, staff
recommended the Council deny the original vacation request to allow time for the right -
of -way to be surveyed. With a more accurate understanding of what could be vacated the
Council set April 15, 2013 as the date to reconsider the vacation.
C. During the hearing on April 15, 2013 one of the new owners of the Bradley Auto
Wrecking Yard did not fully understand the extent of the proposed vacation and, as a
result, action on the public hearing was continued to May 6, 2013. Staff has discussed
the matter with the owners of Bradley Auto Wrecking and they understand where the new
right -of -way line will be.
V. DISCUSSION:
A. Engineering staff have determined the new right -of -way line fronting the old Brady
Wrecking Yazd is about 10 feet to the north of the wrecking yard fence. After the
vacation is finalized the wrecking yard fence and parking area inside the fence will all be
on private property, whereas they are currently located in public right -of -way. The
required utility easement will be located between the fence and the new right -of -way line.
B. Utility providers and the Engineering Division have all reviewed the proposed vacation.
Both the PUD and Century Link have requested easements be retained.
7(a)
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WHEN RECORDED PLEASE RETURN TO:
City of Pasco
Attn: City Planner
525 North 3"
Pasco, WA 99301
ORDINANCE NO,
AN ORDINANCE VACATING PORTIONS OF EAST LEWIS PLACE.
WHEREAS, a qualified petition has been submitted to the City Council of the City of
Pasco requesting vacation of certain public rights -of -way within the City of Pasco; and
WHEREAS,
from
time to time in response to
petitions or in
cases where it serves the
general interest of the
City,
the City Council may vacate
rights -of -way;
and
WHEREAS, all steps and procedures required by law to vacate said right -of -way have
been duly taken and performed; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN
AS FOLLOWS:
Section 1. That that portion of the of right -of -way adjacent to the South line of East Lewis
Place described as follows: Beginning at the Northwest corner of a Parcel described as follows:
That portion of the Northeast quarter of the Southwest quarter of Section 27, Township 9 North,
Range 30 East, W.M., City of Pasco, Franklin County, State of Washington, described as
follows:
Commencing at the Southwest comer of the Northeast quarter of the Southwest quarter; Thence
North 0 °04'40" East along the West line of said Northeast quarter 1185.84 feet to the Southerly
right -of -way line of East Lewis Street, said point being a point on a non - tangent curve to the
right, the radius point of which bears South 13'53'12" West 2790.00 feet; Thence Southeasterly
along said curve 290.20 feet to a point on the right -of -way of the Frontage Road for State Route
12, said point being on a non - tangent curve to the left, the radius of which bears North 40'42'50"
East 130.04 feet; Thence South easterly along said curve 43.80 feet; Thence South 58 °35'00"
East along said right -of -way 93.64 feet to the beginning of a tangent curve to the right, the radius
point of which bears South 21'25"00" West 289.95 feet; Thence Southeasterly along said curve
and said right -of -way 42.16 feet to the true point of beginning.
Thence continuing
along
said right -of -way
and along said
curve 68.61 feet; Thence South
45 °04'22" East 31.39
feet;
Thence South 32 °16'03"
West 411.42
feet; Thence North 57 °43'32"
West 96.75 feet Thence North 32 °16'03" East 424.70 feet to the said Point of Beginning; Thence
westerly along the South right -of -way line of East Lewis Place to the Northwest corner of a
Parcel described as follows: The East 300 feet of the West 430 feet of even width of that portion
of the Northeast quarter of the Northeast quarter of the Southeast quarter of Section 28 Township
9 North, Range 30 East, W.M., Records of Franklin County, Washington, lying South of the
Southerly right of way line of Primary State Highway No. 3, Pasco - Attalia, as established by
deed to the State of Washington recorded under Auditors File No. 132620, EXCEPT the South
292.5 feet of even width thereof; Thence Northerly along the Northerly projection of the east
line of said Parcel for a distance of 45 feet; Thence easterly on a line parallel to and 45 feet
North of the South right -of -way line of East Lewis Place to a point 70 feet, plus or minus, East
of the Northerly projection of the east line of a Parcel described as follows: That portion of the
Northeast quarter of the Northeast quarter of the Southeast quarter of Section 28, Township 9
North, Range 30 East, W.M., Records of Franklin County, Washington, lying South of the
Southerly right of way line of Primary State Highway No, 3, Pasco - Attalia, as established by
deed to the State of Washington recorded under Auditors File No. 132620, EXCEPT the West
430 feet of even width thereof AND EXCEPT the South 292.5 feet of even width thereof
together with The Westerly 50 feet of even width of the North 660 feet of the Northwest quarter
of the Southwest quarter of Section 27, Township 9 North, Range 30 East, W.M., Records of
Franklin County, Washington, EXCEPT that portion deeded to the State of Washington for
highway purposes recorded under Auditors File No. 132617; Thence North 89° 28'39.88' East
for a distance of 550 feet; Thence easterly on a curve to the right with an are radius of 2669.158
to the Point of Beginning;
Together with that portion of the Northerly right -of -way of East Lewis Place described
as follows: Beginning at the Southeast corner of Short Plat 99 -22, said corner being the True
Point of Beginning; Thence Southerly along the Southerly projection of said Short Plat 99 -22
for a distance of 35 feet; Thence easterly on a line parallel to and 35 feet South of the North line
of East Lewis Place for a distance of 121 feet, plus or minus,; Thence North 89 °28'39.88" east
for a distance of 550 feet; Thence North 89 110' 56.43" east for a distance of 481 feet, plus or
minus to the intersection with the North right -of -way line of East Lewis Place; Thence westerly
along the North right -of -way line of East Lewis Place to the True Point of Beginning.
And together with the North 35 feet of East Lewis Place adjacent to a Parcel described as
follows: The Southwest quarter of the Southeast quarter of the Northeast quarter of Section 28,
Township 9 North, Range 30 East, W.M., EXCEPT those portions described as follows:
The East half of the West half of the Southeast quarter of the Northeast quarter of said Section
28, lying Northerly of the centerline of Kahlotus Highway as vacated by Franklin County
Commissioners in Volume 131, Page 254, AND EXCEPT
That portion of the Southeast quarter of the Northeast quarter of Section 28, Township 9 North,
Range 30 East, W.M., described as follows:
Commencing at
the Southwest corner
of said Southeast quarter of the Northeast quarter of said
Section 28, and
proceeding Thence
along the Westerly boundary
line of said subdivision a
distance of 413
feet to a point which
is the true point of beginning
of this description; Thence
2
proceeding Northerly along said Westerly boundary line of said subdivision a distance of 328
feet to a point; Thence Easterly and at right angles a distance of 270 feet; Thence Southerly and
at right angles to the Northwesterly line of the Kahlotus Highway right -of -way Thence along
said road right -of -way line Southwesterly to a point that is due East of the point of beginning;
Thence on a straight line to point of beginning AND EXCEPT the West half of the West half of
said Southeast quarter of the Northeast quarter lying Northerly of the center line of the above
mentioned vacated Kahlotus Highway and Short Plat 99 -22, and the South 5 feet of East Lewis
Place adjacent to Lot 1 of Short Plat 81 -01, as depicted in Exhibit "I" be and the same are hereby
vacated subject to the easements retained in Section 2 hereof.
Section 2. That the City shall retain an easement and the right to exercise or grant
easements with respect to the South 10 feet of the North 35 plus or minus feet of right -of -way
vacated along the North margins of East Lewis Place as described in Section 1 above and the
City shall retain an easement and the right to exercise or grant easements with respect to the
Northerly 10 feet of the South 45 plus or minus feet of right -of -way vacated along the South
margins of East Lewis Place as described in Section I above. Said easement is for the
construction, repair and maintenance of existing and future public utilities and services.
Section
3. That a certified
copy
of this ordinance be
recorded by the City Clerk of the
City of Pasco in
and with
the office
of the
Auditor of Franklin
County, Washington.
Section 4. This ordinance shall take full force and effect five (5) days after approval,
passage and publication as required by law.
PASSED by the City Council of the City of Pasco, this 6th day of May 2013.
Matt Watkins
Mayor
ATTEST:
Debra L. Clark
City Clerk
3
APPROVED AS TO FORM:
Leland B. Kerr
City Attorney
f
r � I
AGENDA REPORT NO, 7
FOR: City Council April 183 2013
TO: Gary Crutchfie ty anager
Ahmad Qayo b 'c Works Director
FROM: Michael A. Pa ak, City Engineer Workshop Mtg.: 04/22/13
Regular Mtg.: 05/06/13
SUBJECT: Parking Ordinance Revisions
1. REFERENCE(S):
1. Vicinity Map — Homerun Road
2. Vicinity Map — Sylvester Street
3. City Engineer's Memo
4. Ordinance
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
04/22: Discussion
05/06: MOTION: I move to adopt Ordinance No. , adding parking
restrictions on certain streets, and further, authorize publication
by summary only.
III. FISCAL IMPACT:
None
IV. HISTORY AND FACTS BRIEF:
A) The City Engineer received a request from the Pasco Police Department to review
the parking conditions along Homerun Road between Convention Place and
Burden Boulevard. Police expressed concerns with allowing parking along both
sides of the street during major events at TRAC, given the constructed width.
Homerun Road is construction to a 30 -foot wide section (measured face -of -curb
to face -of- curb). Parking is currently allowed along both sides of the street.
B) A new business recently opened inside the Sacajawea Building on the Northeast
corner of 4th Avenue and Sylvester Street. The business owner has expressed
concern that on- street parking along Sylvester Street is not available to his
customers because vehicles are allowed to park along Sylvester Street for
extended periods of time.
V. DISCUSSION:
A) Engineering has performed an evaluation of Homerun Road, traffic flows and
noted congestion during several TRAC and athletic events. Allowing parking on
both sides of the street results in a very narrow travel path, ultimately causing
vehicle congestion and more importantly pedestrian safety issues and emergency
response access issues.
B) Major events continually occur at the TRAC facility throughout the year. Many of
those events involve vehicles hauling large trailers; e.g. RV shows, equestrian
events, etc. Traffic volumes and pedestrian activity in and around the area tend to
be heavy during these events. The current on- street parking increases the safety
risks associated with vehicle - pedestrian conflicts
C) Engineering staff conducted a field investigation along this portion of Sylvester
Street and found that the parking spaces were typically occupied during the entire
business day (8AM — 5PM). Staff also found that many of the parked vehicles
occupied the same space for more than 24 hours at a time.
D) Engineering recommends restricting parking along the north side of Sylvester
Street from 4a` Avenue for approximately 120 feet east to 2 Hour Parking between
8:30 AM -5:30 PM on all days except Sundays and public holidays. This
restriction will provide four (4) parking spaces of short-term parking for this and
other businesses in the area during the typical workday hours.
8(a)
E) This ordinance will amend Section 10.56 080 (Schedule III, Parking Prohibited at
All Times on Certain Streets) of the Pasco Municipal Code to add and/or revise
the following streets to the list of prohibited parking streets:
Add: Homemn Road both sides from Convention Blvd. to end
And, this ordinance will also amend Section 10.56 110 (Schedule VI — Parking
Time Limited on Certain Streets) of the Pasco Municipal Code to add, remove and
revise the following locations to the list of streets where two hour parking may be
permitted.
Street From To
Add: Sylvester Street (north side) 4th Avenue 120 feet east of 4th Avenue
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Memo
To: Ahmad Qayoumi, PE, Public Works Director
From: Michael A. Pawlak, PE, City Engineer
Date: April 17, 2013
Re: Homerun Road — Parking Restrictions
Public Works Department
Engineering Division
The City Engineer received a request from the Pasco Police Department to review the parking
conditions along Homerun Road between Convention Place and Burden Boulevard. Police
expressed concerns with allowing parking along both sides of the street during major events at
TRAC, given the constructed width. They have observed that the combination of vehicles parking
along both sides of the street and increased traffic due to TRAC and other events reduces the
driving width such that it is difficult for emergency response teams to access the area.
Engineering has visited the site, taken measurements of the constructed street width, and
observed the parking conditions and traffic through the area during several TRAC and athletic
events. Homerun Road is constructed to a 30 -foot wide section (measured face-of -curb to face -of-
curb). Allowing parking on both sides of the street results in a 14 -foot wide travel area — not enough
for two cars to safely pass each other, and definitely not enough to allow emergency response
access.
There are major events occurring in the area of the TRAC facility throughout each month of the
year. Many of those events involve vehicles hauling large trailers; e.g. RV shows, equestrian
events, etc. These events tend to be well attended with parking often overflowing from the lot
directly in front of the TRAC building. There are, however, other nearby lots to the south of the
Holiday Inn Express and to the west and north of GESA Stadium.
It is my recommendation that the Pasco Municipal Ordinance regarding parking restrictions be
amended to prohibit parking along Homerun Road.
• Page 1
ORDINANCE NO,
AN ORDINANCE prohibiting parking on various streets, amending Section 10.56.080
of the Pasco Municipal Code; and permitting limited time (two -hour) parking on various streets,
amending Section 10.56.110 of the Pasco Municipal Code.
WHEREAS, the Public Works Director has determined that it is necessary for public
safety to prohibit parking on certain streets; and
WHEREAS, the Public Works Director has determined that it is necessary to permit
limited time (two -hour) parking on certain streets; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN
AS FOLLOWS:
Section 1. Section 10.56.080 of the Pasco Municipal Code is amended to add the
following underlined language and read as follows:
10.56.080 SCHEDULE III - PARKING PROHIBITED AT ALL TIMES ON CERTAIN
STREETS. In accordance with Section 10.56.030, and when signs are erected giving notice
thereof, no person shall at any time park a vehicle upon any of the following described streets or
parts of streets:
"A" Street - both sides of street from Elm Avenue to SR -12;
"A" Street - both sides of street from Ninth Avenue to Eleventh Avenue;
"A" Street - from Main Avenue to Beech Avenue;
"A" Street - 300 feet west of 4th Avenue to three hundred feet east of 4th Avenue;
Avenue; "A" Street - both sides from 20th Avenue to a point two hundred fifty feet west of 20th
"A" Street — both sides, corner of "A" Street and 28th Avenue;
Agate Street - between Fourth and Fifth Avenues;
Ainsworth Avenue - north side from Railroad Avenue to Oregon Avenue;
Ainsworth Avenue - south side from 10th Avenue to Fourth Avenue;
Argent Road — 20th Avenue to Road 44;
Argent Road — Road 84 to Road 76;
Autoplex Way — from Court Street south to 160 feet north of Mane Street;
Bonneville Street - the south side of Bonneville Street from a point 150 feet east of the
east curb line of 10th Avenue to the east curb line of 10th Avenue;
Billings Street - from Lewis Street to "A" Street
Broadmoor Boulevard — FCID canal to Nottingham Drive;
Brown Street - north side from Road 28 to Road 26;
Brown Street - south side from Road 28 to a point 130 feet to the east;
Burden Boulevard — Road 76 to Road 36;
Chapel Hill Boulevard — Road 68 to Saratoga Lane;
Chapel Hill Boulevard — Broadmoor Boulevard to Road 84;
Chapel Hill Boulevard - from Crescent Road to Broadmoor Boulevard;
Clark Street - both sides of street from Ninth Avenue to Eleventh Avenue;
Clemente Lane — Burden Boulevard to Wrigley Drive;
Commercial Avenue — both sides from Hillsboro Avenue south 1 mile;
Court Street - from Fourth Avenue west to SR -395;
Court Street — east of Fourth Avenue;
Court Street - from Road 68 to Road 84;
Court Street — Rd. 100 to I -182 Hwy overpass;
Court Street —1,000 feet south of Harris Road;
E. Broadway Street — (north side) Wehe Street to Franklin Street;
First Avenue — Court Street to Sylvester Street;
Fourteenth Avenue — both sides from Clark Street north 100 feet;
Fourteenth Avenue — both sides from Clark Street south to the alley;
Fourth Avenue — (east side) 50 feet north of Columbia Street;
Fourth Avenue —100 feet south of Columbia Street;
Fourth Avenue — east side from Shoshone Street to Court Street; and on the west side
from Shoshone Street to 125 feet north of vacated Park Street and from 115 feet north of Octave
Street to Court Street;
Fourth Avenue - east side from Sylvester Street north 140 feet; and on the west side from
Sylvester Street north 200 feet;
Fifth Avenue (west side) Park to Octave;
Fifth Avenue — (east side) north of Court Street;
Fifth Avenue - (east side) Nixon Street to Park Street;
North Fourth Avenue - between Court and Ruby Streets;
Heritage Boulevard - both sides from US -12 to "A" Street;
Hillsboro Street and Commercial Avenue - both sides of Hillsboro Street from a point
100 feet east of the center line of Commercial Avenue to SR 395, and on both sides of
Commercial Avenue from a point 100 feet south of the center line of Hillsboro to Hillsboro;
Homerun Road — both sides from Convention Boulevard to end;
James Street — south side from the far east end of James Street to 400 feet west;
James Street — north side from the far east end of James Street to 340 feet west;
Jay Street - north side from the cast curb line of Road 22 to a point 50 feet west of the
east curb line of Road 22;
Lewis Street - from First Avenue to 70 feet east;
Lewis Street - north side from Fourteenth Avenue to 130 feet west; and north side from
Fourteenth Avenue to 80 feet east;
Lewis Street — south side from Fourteenth Avenue to 100 west; and south side from
Fourteenth Avenue to 100 feet east;
Lewis Street - Ninth Avenue to Eleventh Avenue;
Lewis Street - north side of Lewis Street from the east curb line of Seventh Avenue to a
point 135 feet cast;
Lewis Street - South side of Lewis Street, from 150 feet east of the center line of First
Street running easterly a distance of 165 feet;
Lewis Street (east) - both sides from Wehe Avenue east to Cedar Avenue;
Lewis Street (east) - both sides from Oregon Avenue east to Wehe Avenue;
Lewis Street — from Cedar Ave. to Billings Street;
Madison Avenue - both sides from Burden Boulevard to Road 44;
Ninth Avenue — Washington Street to Ainsworth Street;
Octave Street - the south side of Octave Street from 1 point 280 feet east of the east curb
line of Road 34 to a point 420 feet east of the east curb line of Road 34;
Oregon Avenue between "A" Street and Ainsworth Avenue;
Oregon Avenue — (west side) 350 feet north of Bonneville Street;
Oregon Avenue — Hagerman Street to James Street;
Road 22 - east side from the north curb line of Jay Street to a point 50 feet south of the
north curb line of Jay Street;
Road 26 — from Court Street to Brown Street
Road 28 — west side from Sylvester Street to Brown Street;
Road 28 — east side from Sylvester Street to Brown Street except for 315 feet starting
from apoint 360 feet north of the intersection of Sylvester Street and Road 28;
Road 34 - both sides of the street from Henry Street to Court Street;
Road 36 - both sides of the street from its intersection with Argent Place to a point 1,200
feet north of Argent Place;
Road 36 — Burden Boulevard. to 200 feet South of Meadow Beauty Drive;
Road 44 - east side from Meadow View Street to Argent Place;
Road 44 - west side from Desert Street to Argent Place;
Road 44 — west side from Desert Street to Burden Boulevard;
Road 44 — Burden Boulevard to Sandifur Boulevard;
Road 52 — Burden Boulevard to Sandifur Boulevard;
Road 60 — Burden Boulevard to Sandifur Boulevard;
Road 68 Place — Burden Boulevard to Sandifur Boulevard;
Road 68 — FCID canal north to City Limits;
Road 68 — I -182 to Sandifur Boulevard;
Road 76- east side from Sandifur Parkway to a point 620 feet south of Wrigley Drive;
Road 76 - (west side) Wrigley Drive to Burden Boulevard;
Road 76 - west side from Sandifur Parkway to Wrigley Drive;
Road 80 - from Court Street south;
Road 84 - from Sunset Lane south;
Road 84 — Argent Road to Chapel Hill Boulevard;
Road 100 — Court Street to FCID canal;
Rodeo Drive — Road 68 to Convention Place;
Ruby Street - between Fourth and Fifth Avenues;
Sandifur Boulevard — Broadmoor Boulevard to Robert Wayne Drive;
Sandifur Boulevard — (north side) Robert Wayne Drive to Road 60;
Sandifur Boulevard — from Road 60 to Road 62;
Sandifur Parkway - from Road 60 to Road 44;
Seventeenth Avenue - (west side) "A" Street to Washington Street;
Shoshone Street - 22nd Avenue to 23rd Avenue;
Sun Willows Boulevard - both sides of street from its intersection with 20th Avenue to its
eastern tenninus;
Sylvester Street — (south side) 20th Avenue to 28th Avenue;
Sylvester Street — (north side) one hundred feet east of 26th Avenue to 28th Avenue;
Sylvester Street - From the east line of 20th Avenue to a point 290 feet east thereof;
Tenth Avenue - both sides of street from "A" Street to `B" Street;
Tenth Avenue - from `B" Street to and including the hater -City Bridge;
Tenth Avenue - both sides of street from Lewis Street to Clark Street;
Third Avenue — (east side) fifty feet south of Columbia Street;
Third Avenue - (east side) fifty feet north of Columbia Street;
Third Avenue — both sides of street 100 feet north of Sylvester Street;
Third Avenue — both sides of street 100 feet south of Sylvester Street;
Third Avenue - On the west side from a point five hundred seventy-five feet north of
Margaret Street to a point six hundred fifty feet north of Margaret Street;
Twentieth Avenue — From Lewis Street to Argent Road except on the east side of 20th
Avenue only from a point one hundred seventy feet south of Hopkins Street to Lewis Street;
Twenty Second Avenue — (west side) to 550 feet south of West Henry Place;
Twenty Eighth Avenue — (west side) Lewis Street to Sylvester Street;
Washington Street — 9th Avenue to 10th Avenue;
Wrigley Drive — Road 76 to Clemente Lane;
Road 26 - Both sides of Road 26, from a point 120 feet south of the south curb line of
Court Street on the east side and 245 feet south of Court Street on the west side, to 250 feet north
of the north curbline of Court Street.
Section 2. Section 10.56.110 of the Pasco Municipal Code is amended to add the
following underlined language and read as follows:
10.56.110 SCH3EDULE VI — PARKING TIME LIMITED ON CERTAIN STREETS. In
accordance with Section 10.56.060 and when signs are erected giving notice thereof, no persons
shall park a vehicle for a period of time longer than two hours between the hours of eight -thirty
a.m. and five -thirty p.m. of any day except Sundays and public holidays within the district, upon
any City parking lot or upon any of the streets or parts of streets as follows:
Street
From
To
3rd Avenue
Columbia Street
Clark Street
3rd Avenue (east side)
Sylvester Street
Nixon Street
4th Avenue (west Side
115 feet north of
Bonneville Street
Columbia Street
4th Avenue (east side)
130 feet north of
Bonneville Street
Columbia Street
4th Avenue (west side only)
Octave Street
Margaret Street
5th Avenue
Lewis Street
Clark Street
32nd Place
Octave Street N.
Termination
Columbia Street
2nd Avenue
5th Avenue
Lewis Street
2nd Avenue
6th Avenue
Clark Street
2nd Avenue
5th Avenue
Clark Street (north side)
5th Avenue
200 feet west of 5th
Avenue
Margaret Street
4th Avenue
5th Avenue
Margaret Street (south side)
btwn 5th & 6th Ave.
westerly 100' from 5th
Avenue
Marie Street
32nd Place
Road 34
Nixon Street (south side)
3rd Avenue
east 120' from 3rd
Avenue
Octave Street
32nd Place
Road 34
Sylvester Street (north side)
4th Avenue
120 feet east of 4th Avenue
The City parking lot located north of Columbia Street and east of 4s' Avenue lying
generally ins a southwest corner of the block bounded by the afore - mentioned street, Lewis
Street, and 3 Avenue.
Each two -hour period or portion thereof in excess of two hours is a separate violation.
Section 3. This Ordinance shall take effect five (5) days after passage and publication.
PASSED by the City Council of the City of Pasco, Washington, and approved as
provided by law this 6th day of May, 2013.
Matt Watkins
Mayor
ATTEST:
Debra L. Clark
City Clerk
APPROVED AS TO FORM:
Leland B. Kerr
City Attorney
AGENDA REPORT
FOR: City Council
TO: Gary Crutchfr Manager
FROM: Lynne Jackson, uman Resources Manager
SUBJECT: 2013 Temporary Employee Wage Plan
I. REFERENCE(S):
1. Proposed Ordinance
2. Proposed Wage Plan
April 16, 2013
Workshop Mtg.: 04/22/2013
Regular Mtg.: 05/06/2013
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
04/22: Discussion
05/06: MOTION: I move to adopt Ordinance No, revising the Temporary
Employee Wage Plan for calendar year 2013 and, further, authorize
publication by summary only.
III. FISCAL IMPACT:
Estimated fiscal impact of changes to the Temporary Employee Wage Plan:
■ Approximately $4,000
IV. HISTORY AND FACTS BRIEF:
A) The state minimum wage is recalculated each year in September as required by voter
approved Initiative 688, which was passed in 1998. The law requires that the state
minimum wage be adjusted each year according to the change in the US City Average
CPI for urban wage earners and clerical workers (CPI -W) during the 12 months
ending each August 31. Washington's minimum wage increased to $9.19 per hour as
of January 1, 2013 (from $9.04, the 2012 state minimum wage).
V. DISCUSSION:
A) The proposed 2013 wage scale reflects the entry level step and grade wage rate as
the state minimum wage requirement. Entry level rates for all grades were
adjusted as necessary to fit within the new scale structure. Maximum step rates
increased only slightly within the new scale structure; increases are between
$0.06 /hour to $0.35/hour.
B) Staff recommends Council approval.
8(b)
ORDINANCE NO.
AN ORDINANCE CONCERNING WAGES FOR TEMPORARY NON-
MANAGEMENT, NON - REPRESENTED PERSONNEL
WHEREAS, the City Manager has recommended the wage scale for temporary positions
be modified to include adjustments due to change in the minimum wage; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN
AS FOLLOWS:
Section 1. The wage scale for those temporary positions specified in the attached
Exhibit "A" and not represented by a certified bargaining unit, shall be as set forth in Exhibit
"A" attached hereto, which Exhibit is incorporated by reference as if fully set forth herein. The
City shall designate the appropriate hourly wage step in Exhibit "A" for each employee covered
by this Ordinance, considering their time in the position for which they are employed, their
current hourly wage, and the evaluation of their performance.
Section 2. The step increases set forth in Exhibit "A" are dependent upon satisfactory
work performance.
Section 3. The wage scale set forth in Exhibit "A" shall be effective with the pay period
beginning on April 28, 2013 (except application of the state minimum wage which has already
been implemented, as required, according to law) and remain in effect until this Ordinance is
amended or superseded by subsequent Ordinance.
Section 4. This Ordinance supersedes any conflicting prior Ordinance or conflicting
provision of a prior Ordinance.
This Ordinance shall take effect five (5) days after passage and publication according to
law.
PASSED by the City Council of the City of Pasco at a regular meeting this 6th day of
May, 2013.
Matt Watkins, Mayor
ATTEST:
Debbie Clark, City Clerk
APPROVED AS TO FORM:
Leland B. Kerr, City Attorney
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AGENDA REPORT
FOR: City Council f I April 29, 2013
TO: Gary Crutchfie ager Regular Mtg.: 5/6/13
Rick White,
Community & conomic Development Director ok
FROM: Shane O'Neill, Planner I
SUBJECT: SPECIAL PERMIT (MF# SP 2013 -004)• Location of a Temporary Cellular
Antenna Tower in a C -1 (Retail Business) Zone
I. REFERENCE(S):
1. Vicinity Map
2. Proposed Resolution
3. Report to Planning Commission
4. Planning Commission Minutes: Dated 3/21/13 and 4/25/13
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
5/6: MOTION: I move to approve Resolution No. ' approving the
special permit for the location of a temporary cellular tower at
6600 Burden Boulevard as recommended by the Planning
Commission.
III. FISCAL IMPACT:
NONE
IV. HISTORY AND FACTS BRIEF:
A. On March 21, 2013, the Planning Commission conducted a public hearing to
determine whether or not to recommend a special permit be granted for the
location of a temporary cellular tower at 6600 Burden Boulevard.
B. Following the conduct of the public hearing, the Planning Commission reasoned
that with conditions, it would be appropriate to recommend approval of a special
permit for the bus terminal.
C. The recommended conditions are contained in the attached Resolution.
D. No written appeal of the Planning Commission's recommendation has been
received.
8(c)
RESOLUTION NO,
A RESOLUTION ACCEPTING THE PLANNING COMMISSION'S
RECOMMENDATION AND APPROVING A SPECIAL PERMIT FOR THE LOCATION
OF A TEMPORARY CELLULAR TOWER AT 6600 BURDEN BOULEVARD.
WHEREAS, AT &T, submitted an application for the location of a private bus
terminal at 6600 Burden Boulevard (Tax Parcel 117 - 380 -022); and,
WHEREAS, the Planning Commission held a public hearing on March 21, 2013 to
review the proposed bus terminal; and,
WHEREAS, following deliberations on April 25, 2013 the Planning Commission
recommended approval of a Special Permit for the proposed temporary cellular tower with
certain conditions; NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO:
1. That a Special Permit is hereby granted to AT &T for the location of a temporary cellular
tower in a C -1 (Retail Business) District under Master File # SP2013 -009 with the
following conditions:
a) The special permit shall apply to Parcel # 117- 380 -022;
b) The property shall be developed in substantial conformity with the site plan and
elevations submitted with the application;
C) The temporary cellular tower shall be located within a sight obscuring enclosure;
d) The wireless communication antenna shall not be used for advertising or other
non - communication purposes;
e) The special permit shall be valid for twelve (12) months. The special permit shall
be null and void on May 31, 2014 and the cell facility must be removed;
f) A Determination of No Hazard to Air Navigation from the FAA for the tower
must be submitted to the Planning Department prior to location of the tower; and
g) The proposed cellular facility must comply with all FCC regulations regarding
radio frequency emissions.
Passed by the City Council of the City of Pasco this 6s' day of May, 2013.
Matt Watkins, Mayor
ATTEST: APPROVED AS TO FORM:
Debra L. Clark, City Clerk Leland B. Kerr, City Attorney
REPORT TO PLANNING COMMISSION
MASTER FILE NO: SP2013 -009 APPLICANT: AT &T Wireless
c/o Vinculums
HEARING DATE: 3/21/2013 3301 Burke Ave. Ste #100
ACTION DATE: 4/25/2013 Seattle, WA 98103
BACKGROUND
REQUEST: SPECIAL PERMIT: Location of a Temporary Cellular Antenna
Tower in a C -1 (Retail Business) Zone
1. PROPERTY DESCRIPTION:
Leal: Parcel #117-380-022: The northwest '/4 of the northwest '/4,
Section 15, Township 9 North, Range 29 East, WM.
General Location: 6600 Burden Boulevard
Property Size: The parcel is approximately 27.6 acres
2. ACCESS: The site is accessed from Burden Boulevard, Homerun Road
and Convention Place.
3. UTILITIES: All municipal utilities currently serve the site.
4. LAND USE AND ZONING: The site is currently zoned C -1 (Retail
Business) and contains TRAC event center and recreation facility.
Surrounding properties are zoned and developed as follows:
NORTH: C -1 — Commercial Businesses
SOUTH: C -1 —TRAC
EAST: C -1 & RT — TRAC
WEST: C -1 — Vacant
5. COMPREHENSIVE PLAN: The Comprehensive Plan designates the site
for Government/ Public uses. Goal OF -2 suggests the City ought to
maintain land use flexibility in regard to placement of infrastructure for
public and private utilities. Policy OF -2 -A encourages the sound
management of all energy and communication utilities through
coordination and cooperation dealing with construction of such facilities.
Policy OF -2 -B encourages the placement of utility substations which are
necessary for the surrounding neighborhood.
6. ENVIRONMENTAL DETERMINATION: The City of Pasco is the lead
agency for this project. Based on the SEPA checklist, the adopted City
Comprehensive Plan, City development regulations, and other
1
information, a threshold determination resulting in a Determination of
Non - Significance (DNS) has been issued for this project under WAC 197-
11 -158.
ANALYSIS
AT &T Wireless is requesting special permit approval to locate a temporary
cellular antenna tower on wheels (COW) within the TRAC campus. The
requested temporary tower is a 50 foot tall tower together with associated
equipment located on a flat -bed trailer (see Exhibit 1). The trailer is proposed to
be located within an existing Verizon cellular tower equipment enclosure at the
base of the flag pole cell tower in the TRAC parking lot (see Exhibit 2). The
existing Verizon equipment enclosure is currently fenced and sight obscured.
The COW is being requested to remain on -site for up to 12 months.
A temporary cell tower is needed in order to allow AT &T to reserve licenses for
radio frequencies while they construct a new permanent tower. If the
frequencies are not used by AT &T within a certain time period, the licenses will
be lost. The special permit at hand however, is for the temporary tower only.
AT &T is expected to follow -up soon with a special permit application for a
separate permanent tower.
The C -1 zone permits structures to reach a maximum height of twenty five (35)
feet "except a greater height may be approved by special permit'
[PMC25.42.050(4)]. The COW would exceed the 35 foot height limit by fifteen
(15) feet. Additionally, the proposed location of the wireless communication
antenna and equipment meets the requirements listed under the provisions of
PMC 25.70.070, which requires wireless facilities to be located on or within a
publicly owned facility.
Wireless Facility zoning regulations were specifically developed to permit
(through special permit review) cellular tower /antenna equipment on taller
buildings within the community.
The PMC special permit review criteria for wireless facilities are written as
follows:
25.70.075 WIRELESS COMMUNICATION FACILITIES.
Wireless Communication Facilities are permitted under the
following conditions:
(1) Such structures shall be permitted in all industrial or C -3
zoning districts provided the location is 500 feet or more from a
residential district. Any location closer than 500 feet requires
special permit approval.
(2) Such structures may be permitted by special permit in all
other zoning districts provided said structures are:
2
(i) Attached to or located on an existing or proposed building
or structure that is higher than thirty-five (35) feet; or
(ii) Located on or with a publicly owned facilitu such as a
water reservoir, fire station, police station school county or
Port facilitu.
(c) All wireless communication facilities shall comply with
the following standards
1) Wireless facilities shall be screened or camouflaged by
employing the best available technology. This may be
accomplished by use of compatible materials, strategic location,
color, stealth technologies, and /or other measures to achieve
minimum visibility of the facility when viewed from public
rights -of -way, and adjoining properties such that a casual
observer cannot identify the Wireless Communication Facility.
2) Wireless facilities shall be located in the City in the
following order of preference:
a) Attached to or located on buildings or structures higher
than 35 feet.
b) Located on or with a publicly owned facility
c) Located on a site other than those listed in a) or b).
The proposal
meets the
criteria above in that
the tower is proposed within a
public facility.
The TRAC
property is owned by
Franklin County.
Commonly, cellular providers locate the equipment cabinets within a fenced
area surrounding the base of a pole; in this case the entire tower with its
equipment will be located within an existing sight- obscured equipment
enclosure at the base of an existing tower.
STAFF FINDINGS OF FACT
Findings of fact must be entered from the record. The following are initial
findings drawn from the background and analysis section of the staff report.
The Planning Commission may add additional findings to this listing as the
result of factual testimony and evidence submitted during the open record
hearing.
1. The site is zoned C -1 (Retail Business).
2. The Comprehensive Plan identifies the site for Government/ Public uses.
3. The site contains TRAC, an event center and recreation facility.
4. The site is 27.6 acres in area.
3
5. All municipal utilities currently serve the site.
6. In the C -1 zone cellular towers may be permitted by special permit
provided the tower is either:
i) Attached to or located on an existing or proposed building or
structure that is higher than thirty -five (35) feet; or
ii) Located on or with a publicly owned facility such as a water
reservoir, fire station, police station, school, county or port
facility.
7. The temporary/ portable cellular tower is proposed to be located within
an existing cellular equipment enclosure.
8. The Comprehensive Plan suggests the City ought to maintain land use
flexibility with regard to placement of infrastructure for public and
private utilities.
9. The Comprehensive Plan does not specifically address cellular
equipment.
10. Cellular equipment creates minimal demands on City infrastructure.
CONCLUSIONS BASED ON STAFF FINDINGS OF FACT
Before recommending approval or denial of a special permit the Planning
Commission must develop findings of fact from which to draw its conclusions
based upon the criteria listed in P.M.C. 25.86.060. The criteria are as follows:
(1) Will the proposed use be in accordance with the goals, policies, objectives
and text of the Comprehensive Plan?
The Comprehensive Plan does not specifically address cellular
equipment. The Comprehensive Plan goal OF -2 and policy OF -2 -A
discuss the need for sound management and coordination in the
location of utilities and community facilities.
(2) Will the proposed use adversely affect public infrastructure?
The proposed use is a part of the communication network utilized by the
general public. The proposed equipment will be located in such a
manner so as not to impact other public utilities or services. The
proposed use does not require water and sewer.
(3) Will the proposed use be constructed, maintained and operated to be in
harmony with existing or intended character of the general vicinity?
E
The character of the vicinity is dominated by the TRAC event center and
recreation facility. The addition of a small antennae tower in the parking
lot will not alter or affect the existing or intended character of TRAC. The
tower is intended to be temporary and the special permit will condition it
as such.
(4) Will the location and height of proposed structures and the site design
discourage the development of permitted uses on property in the general
vicinity or impair the value thereof
The proposed 50 -foot tall antenna tower will be located amid a vast
parking lot and will not generally be noticed by the public and is
unlikely to discourage development in the vicinity.
(5) Will the operations in connection with the proposal be more objectionable to
nearby properties by reason of noise, fumes, vibrations, dust, traffic, or
flashing lights than would be the operation of any permitted uses within
the district?
The proposed cell tower will create no fumes, dust or noise. Cell towers
facilities have been located throughout the community in residential,
commercial and industrial zones without generating any complaints
received by the City.
(6) Will the proposed use endanger the public health or safety if located and
developed where proposed, or in any way become a nuisance to uses
permitted in the district?
Cell tower radio waves have not been proven to be harmful to human
health. Radio wave activity is focused on the antennas which are
elevated approximately 50 feet above grade away from human activity.
The most noticeable impact will be visual. Though potentially
displeasing to the eye, the tower poses no true threat to public health
and safety. A Determination of No Hazard to Air Navigation for the tower
has not yet been issued by the FAA.
APPROVAL CONDITIONS
1) The special permit shall apply to Parcel # 117- 380 -022;
2) The property shall be developed in substantial conformity with the
site plan and elevations submitted with the application;
3) The temporary cellular tower shall be located within a sight obscuring
enclosure;
4) The wireless communication antenna shall not be used for advertising
or other non - communication purposes;
5
5) The special permit shall be valid for twelve (12) months. The special
permit shall be null and void on May 31, 2014 and the cell facility
must be removed;
6) A Determination of No Hazard to Air Navigation from the FAA for the
tower must be submitted to the Planning Department prior to location
of the tower; and
7) The proposed cellular facility must comply with all FCC regulations
regarding radio frequency emissions.
RECOMMENDATION
MOTION for Findings of Fact: I move to adopt findings of fact
and conclusions therefrom as contained in the April 25, 2013
staff report.
MOTION for Recommendation: I move based on the findings
of fact and conclusions as adopted the Planning Commission
recommend the City Council grant a special permit to AT&T for
the location of a temporary cellular tower at 6600 Burden
Boulevard with conditions as listed in the April 25, 2013 staff
report.
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Planning Commission Minutes
3/21/2013
Location of a temporary cellular antenna tower
B. Special Permit in a C -1 (Retail Businessl Zone (AT&T Wireless
c/o Vinculums) (MF# SP 2013 -0041
Chairman Cruz read the master file number and asked for comments from
staff.
Shane O'Neill, Planner I, discussed the special permit for a temporary cellular
antenna tower in a C -1 (Retail Business) Zone. The applicant is proposing to
contain the antenna inside of an existing cell phone tower equipment enclosure
on the TRAC property. The antenna is called a cell on wheels (COW). The
"COW" would be towed in and stored behind a fence. This request allows AT &T
to reserve licenses for 4G wave - length frequencies which would otherwise
expire. They plan to erect a permanent 100' cell tower in the near future in
which they will need to apply for a special permit. The temporary tower will be
removed when the permanent tower is constructed.
Commissioner Hilliard asked if the applicant is leasing the site for their
temporary antenna.
Mr. O Neill answered that he would need to ask the applicant.
The public hearing opened and the applicants spoke on behalf of their special
permit.
Ken Lyons of Busch Law Firm, 22525 SE 64th Place, Suite #288
Issaquah, WA 98027, spoke on behalf of this special permit application as legal
counsel for AT &T. He briefly clarified the reason for AT &T needing a temporary
cellular antenna tower. AT &T is currently upgrading all of their sites in the
Tri- Cities Area to the latest 4G technology called, LTE (Long -term Evolution). It
provides 10 times the speed of 3G, essential for broadband data. They have to
have the broadband service up and running by June 2013. This would then be
removed within a year for the permanent facility to take its place. He answered
Commissioner Hilliard that they are paying lease space from Franklin County
for the site.
Cynthia Sapp, 3301 Burke Ave N, Ste 1, Seattle, WA 98103 spoke on behalf of
the special permit application.
Commissioner
Kempf
asked how the
temporary antenna, which is pictured on
wheels, would
be tied
down
to
handle
high winds
in the area.
Mr. Lyons answered that it would be tied down and they have very strict
guidelines.
With no further comments the public hearing closed.
Chairman Cruz and the other Commissioners were in agreement that as long
as the temporary cellular antenna came down when the permanent tower is
constructed this would not be an issue.
Commissioner Anderson moved, seconded by Commissioner Kempf, to close
the hearing on the proposed temporary cellular tower and initiate deliberations
and schedule adoption of findings of fact, conclusions and a recommendation
to City Council for the April 25, 2013 meeting. The motion passed
unanimously.
Planning Commission Minutes
4/25/2013
A. Special Permit Location of a temporary cellular antennae
tower in a C -1 (Retail Business) Zone
(AT &T c/o Vinculums) (MF# SP 2013 -004)
Chairwoman Kempf read the master file number and asked for comments from
staff.
Rick White, Community & Economic Development Director, stated that there
were no new comments or conditions since the previous meeting.
Commissioner Hilliard asked staff if this special permit is for the temporary
cellular tower and if the applicant has moved forward with a permanent tower.
Mr. White answered that the applicant has turned in their application for a
special permit for a permanent cellular antennae tower and it will be on the
agenda for the next meeting.
Commissioner Polk asked what the length of time for the Determination of No
Hazard from the FAA process is.
Mr. White replied that he is uncertain on the length of time but it is necessary
to be obtained before the permit can be issued for the location of the mobile
unit. It was his understanding that the applicant was well underway in that
process.
Commissioner Hoekstra asked for clarification on the ownership of the flagpole
and the property.
Mr. White answered that the flagpole and equipment is owned by the cellular
provider and the property is owned by Franklin County. There is more than
one cell provider at this location and they co- operate to the best of their ability
but cannot always share equipment which is why there is a need for a separate
tower to locate on this site.
Commissioner Hilliard moved, seconded by Commissioner Khan, to adopt
findings of fact and conclusions therefrom as contained in the April 25, 2013
staff report. The motion passed unanimously.
Commission Hilliard moved, seconded by Commissioner Khan, based on the
findings of fact and conclusions as adopted the Planning Commission
recommend the City Council grant a special permit to AT &T for the location of a
temporary cellular tower at 6600 Burden Boulevard with conditions as listed in
the April 25, 2013 staff report. The motion passed unanimously.