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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 m 0 � . im. Y .� CITY OF PASCO ifigi 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. F z W U F F W M�M F+I F F a W CG N r-I N v N 0 N a a a a a a a w Z Z z z Z Z Z c m F a m y aSy mao� y a z z z z z z z ¢�aa� woe o e o e e e o e N w b M O O r O O T Q) aiN N O � C_ Y Q 0. v 'C N L Gl a ^¢a e s I e e o O M a p Q M M y C � y F y S d) W O M Q M ^ V O O O di O M N N ^y M N N N ^ Z t+l N qqG Y O O S5C a0. C y 7 O O o O O a O O � d � 6 p C a H n M M O H O y N M N r a C a o a 7 v za O Sm C =a qq yo S Oid A u G am adr+.a ffi_a yN n va �o o. o. a a E v N 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) .y N O L U c� O L .N� 6f. Q w N r LM L it N El Y YAY 4�� yp i I 1 TT. r� a 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) tO/R 1 af4 p i u - V UAtHHHN _ I1 � { 11 tCP �J4 y Inl y < 2� itF HLi 2 j� {f RTH tvF U + ,J1 > N (.TO AVE, _. e nve. w II'f 1VC _ HIJI Zl HL '1 \ ;P1 \' H.I::I N 4 1 v nR0 _N' 1W UIf 12T1 AVF B CI H /!'/ .. o Q Aft TAT ry 71 To N 1 -TH V11 _ N� 7 LL n A CFy' —L Q � Y• s' fp 1 _ t t ei yr xi.n; 3Av ILI C \— ao N\:c c x 22ND nve atr aNP•. III Am, K I Tt NNJ' J J? IT A P QA1v XLC 1 k TFAV RNZ 9 TV Hm - ON anrH nve IZ N = N(I No W - { ( Nn nn nat >allm lT ° Nu Jn VNN! l R AD P IDA TOO ro aeou '.6 avOH TV OVON - AF HYON / K FON k P( NRON Pf fIFON + 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. 1� U W O ry J n D U) 0 W >Q Q m D J O 0 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 W ti�4 b -�i 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) V � _ f t'f nrlr f k j 9 It It x 1 14 At VIM / � r "' ■ , e•�■••► i t 4 Cv. " `�1 q rr j l �A 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 c L � � N IL 0 z> �m O c� o(D �c CU 2m 0 W L E u- O cC: Y > �y L a� L Q m � o N 2w N 1 '(D 4ma ° 4) CN d o N 3 d UQ > Cl) LL 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 v a 4 a O 3 w O b w n, k U O C E T O E 0 o' C C O OJ O E O C U E T O a E U w O a. E 0 U F2 m O � O N O O 7 O O C W .p y •- V a C� C� O ti V p � O R ti ��. 6> � •-� � M 7 t� o0 00 � O O ,7 bA C Q1 U D, Oi O .-. O 5 L3 M oo Ln O N N M QI O N O N M U O O O N M C xwa ww n°a a 4 a O 3 w O b w n, k U O C E T O E 0 o' C C O OJ O E O C U E T O a E U w O a. E 0 U F2 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. no ■ �milli, do n�n r=m; . T M ■ =: = 150193 1 ING FAMUN ' PAIN _ r��� �N N 111 i N. =Pp /I m m I j `riL ice f'yF .�) 1 n• F i O t W H . j NO NO 4J III O s 9 i 7 +k _ I �1 �. , �-�; ,: }Y' t'. %� �� FN Li 0 12 i� Y i al- vA ! 5 r� 1E 51t 1. d� 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.