HomeMy WebLinkAbout2014.03.31 Council Workshop PacketAGENDA
PASCO CITY COUNCIL
Workshop Meeting 7:00 p.m. March 31, 2014
1. CALL TO ORDER
2. ROLL CALL:
(a) Pledge of Allegiance.
3. VERBAL REPORTS FROM COUNCILMEMBERS:
4. ITEMS FOR DISCUSSION:
(a) Presentation of Proclamation for "Mayor's Day of Recognition for National Service."
Mayor Matt Watkins to present Proclamation to Erik Ramey, Senior Program Assistant,
Regional Service Corps- AmeriCorps.
(b) Issuance of Revenue Bonds by the Housing Authority:
1. Agenda Report from Rick White, Community & Economic Development Director dated
March 26, 2014.
2. Vicinity Map.
3. Report of Testimony from 2/3/14 Public Hearing.
4. Proposed Resolution.
(c) Interlocal Agreement for Payments in Lieu of Taxes:
1. Agenda Report from Rick White, Community & Economic Development Director dated
March 25, 2014.
2. Vicinity Map.
3. Proposed Resolution and Interlocal Agreement.
(d) Comprehensive Sewer Plan:
I. Agenda Report from Ahmad Qayoumi, Public Works Director dated March 26, 2014.
(e) Community Gardens:
1. Agenda Report from Rick Terway, Administrative & Community Services Director dated
March 25, 2014.
2. Vicinity Map.
(f) Parking Regulations:
1. Agenda Report from Stan Strebel, Deputy City Manager dated March 25, 2014.
2. Proposed Ordinance.
(g) Criminal Code Amendments:
1. Agenda Report from Stan Strebel, Deputy City Manager dated March 18, 2014.
2. Proposed Ordinance.
(h) Consultant for Tri -Cities Consolidated Plan 2015 -2019 Update:
1. Agenda Report from Angela Pitman, Block Grant Administrator dated March 26, 2014.
2. Professional Services Summary.
(i) Speed Limit Ordinance - Oregon Avenue Speed Limit Change:
1. Agenda Report from Mike Pawlak, City Engineer dated March 20, 2014.
2. Vicinity Map.
3. Staff Memorandum.
4. Ordinance.
(j) Traffic Signal Controller Replacement Master Plan:
1. Agenda Report from Ahmad Qayoumi, Public Works Director dated March 25, 2014.
2. Draft Master Plan (Council packets only; copy available for public review in the Public
Works office, the Pasco Library and on the City's webpage at www.oasco-
wa.gov /citvcouncilreport s).
5. OTHER ITEMS FOR DISCUSSION:
(a)
(b)
(e)
Workshop Meeting 2 March 31, 2014
6. EXECUTIVE SESSION:
(a)
(b)
(c)
7. ADJOURNMENT
REMINDERS:
12:00 p.m., Wednesday, April 2, 2601 N. Capitol Avenue — Franklin County Mosquito Control
District Meeting. (COUNCILMEMBER BOB HOFFMANN, Rep.; AL YENNEY, Alt.)
2. 5:30 p.m., Thursday, April 3, P &R Classroom — Parks & Recreation Advisory Board Meeting.
(COUNCILMEMBER SAUL MARTINEZ, Rep.; MIKE GARRISON, Alt.)
FOR:
TO:
FROM:
SUBJECT:
II.
III.
IV
V
AGENDA REPORT
City Counc' March 26, 2014
Gary Crutchfiel t anager Workshop Mtg.: 3/31/14
i
Rick White, I
Community & Economic Development Director
Resolution approving the issuance of revenue bonds by the Housing Authoritv
REFERENCE(S):
I . Vicinity Map
2. Report of testimony from 2/3/14 public hearing
3. Proposed Resolution
ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
3/31: DISCUSSION
FISCAL IMPACT:
HISTORY AND FACTS BRIEF:
A. The Housing Authority of the City of Pasco and Franklin County (Authority) own vacant property
southeast of the intersection of 4'1' Avenue and Pearl Street and have received funding to construct
multi — family dwellings on approximately 2.5 acres of that property. The location is zoned R -3
(Medium Density Residential).
B. The multi - family buildings will be a mixture of two bedroom units (24), three bedroom units (12) and
four bedroom units (2) for a total of 38 units. The site is attractive to the Authority for development
of housing because of its proximity to services, public transportation and the highway system and
because the Authority already owns the land.
C. Financing of the project is through a mixture of Washington State Housing Trust funds, revenue
bonds and City of Pasco Community Development Block Grant funds ($100,000 for street and utility
infrastructure awarded in 2013).
D. Washington State law (RCW 35.82.130) authorizes housing authorities to issue bonds for the
acquisition and construction of land, buildings and developments for housing for persons of low
income.
E. The Internal Revenue Code requires that the issuance of revenue bonds by the Authority be approved
by City Council. The Authority also advised the City that a public hearing was held pursuant to the
requirements of the Internal Revenue Code with respect to issuance of the revenue bonds on February
3, 2014, following appropriate public notice. A report (Reference #2) of the public testimony
occurring at that public hearing has been provided to the City.
F. In a related matter, the Housing Authority Board will consider a proposed Interlocal Agreement for
payments in lieu of taxes (PILOT) for this project at the regular Board meeting on Thursday, March
27, 2014.
DISCUSSION:
A. The Authority advised the City that it intends to issue its revenue bonds in the principal amount of
approximately $5,250,000 in connection with the financing of a project.
B. The proposed resolution will satisfy requirements of the Internal Revenue Code and allow the
Authority to proceed with groundbreaking to meet the requirements associated with receipt of the
Housing Trust funds. Council approval of the resolution does not obligate the City to assume
payment of the bonds in the event of default.
C. It is recommended that City approval of the issuance of bonds by the Authority occur after the
approval of the PILOT agreement.
4(b)
MINUTES OF PUBLIC HEARING
The Housing Authority of the City of Pasco &Franklin County (the "Authority ") conducted a public
hearing on Monday, February 3, 2014, at 2:00 p.m., at the offices of the Authority located at 2505
W. Lewis St., Pasco, Washington 99301 -4569.
The purpose of the hearing was to consider public testimony on the proposed issuance by Authority,
pursuant to chapter 35.82 RCW and a plan of financing with respect to the project described below
(the "Project'), of certain obligations the interest on which will be excluded from gross income for
federal income tax purposes pursuant to Sections 103 and 142 of the Internal Revenue Code of
1986, as amended (the "Code ").
Project Description: Acquisition and construction of six residential
buildings with 38 townhouse style apartment
units and one community building, to provide
housing for low - income persons
Maximum Amount of Obligations: $5,250,000
Project Operator: Fourth and Pearl Family Housing LLLP, a
Washington limited liability limited partnership
of which the Authority is the sole general
partner
Project Location: The southeast comer of the intersection of
Fourth Avenue and Pearl Street in Pasco,
Washington.
The hearing was called to order by F.J. Anderson, PHM, Executive Director of the Authority, at
2:00 p.m. No one from the public appeared to present testimony. No written comments were
received prior to or at the hearing. The hearing was adjourned at 2:15 p.m.
F.J. Anson. PHM
CREDIT PRWECT(5)WACPFC 4TH PEARL TEPRA MIMITESD CX
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PASCO,
WASHINGTON, APPROVING THE ISSUANCE OF REVENUE BONDS BY THE
HOUSING AUTHORITY OF THE CITY OF PASCO AND FRANKLIN COUNTY IN
THE PRINCIPAL AMOUNT OF NOT TO EXCEED $5,250,000 TO FINANCE LOW -
INCOME HOUSING IN THE CITY OF PASCO, WASHINGTON.
WHEREAS, RCW 35.82.130 authorizes housing authorities to issue bonds and RCW
35.82.070(18) authorizes housing authorities to make loans for the acquisition and construction of land,
buildings and developments for housing for persons of low income; and
WHEREAS, the Housing Authority of the City of Pasco and Franklin County (the "Authority ")
advised the City of Pasco, Washington (the "City "), that the Authority intends to issue its revenue bonds
(the `Bonds ") in the principal amount of not to exceed $5,250,000 in connection with the financing of a
multifamily housing project located at the southeast corner of the intersection of Fourth Avenue and Pearl
Street in Pasco, Washington (the "Projeco, by Fourth and Pearl Family Housing LLLP, to provide
housing for low- income persons within the City; and
WHEREAS, the Authority also advised the City that a public hearing was held pursuant to the
requirements of Section 147(f) of the Internal Revenue Code of 1986, as amended (the "Code "), with
respect to the Bond on February 3, 2014, in Pasco, Washington, following timely notice being published
in a newspaper of general circulation throughout the City; and
WHEREAS, the Authority has provided the City with a written summary of the public testimony
of the February 3, 2014, hearing; and
WHEREAS, The Authority and City have entered into an Interlocal Agreement for payments in
lieu of taxes that will run with the land and be binding upon any subsequent owners to whom the
Authority may transfer the properties referenced herein; and
WHEREAS, this approval is intended to comply with the requirements of Section 147(f) of the
Internal Revenue Code in order to permit the issuance of the bonds; and this approval shall not be
construed as an assumption by the City of any obligation to make payments on the bonds; NOW,
THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF CITY OF PASCO:
That the City Council approves the issuance by the Authority of the Bonds in the principal
amount of not to exceed $5,250,000, the proceeds of which will be used to make a loan to Fourth and
Pearl Family Housing LLLP to finance housing for low income persons.
Passed by the City Council of the City of Pasco this _ day of 2014.
Matt Watkins, Mayor
ATTEST:
Debra Clark, City Clerk
APPROVED AS TO FORM:
Leland B. Ken•, City Attorney
AGENDA REPORT
FOR: City Counci� March 25, 2014
TO: Gary Ci .fi Manager Workshop Mtg.: 3/31/14
FROM: Rick White, jj
Community & tconomic Development Directory`+
SUBJECT: Resolution approving an Interlocal Agreement for payments in lieu of taxes (PILOT)
I. REFERENCE(S):
1. Vicinity Map
2. Proposed Resolution and Interlocal Agreement
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
3/31: DISCUSSION
III. FISCAL EVIPACT:
The receipt of equivalent property tax revenue for the life of the project.
IV. HISTORY AND FACTS BRIEF:
A. The Housing Authority of the City of Pasco and Franklin County (Authority) own vacant
property southeast of the intersection of 4 °i Avenue and Pearl Street and have received funding
to construct multi — family dwellings on approximately 2.5 acres of that property. The location is
zoned R -3 (Medium Density Residential).
B. The multi - family buildings will be a mixture of two bedroom units (24), three bedroom units
(12) and four bedroom units (2) for a total of 38 units. The site is attractive to the Authority for
development of housing because of its proximity to services, public transportation and the
highway system and because the Authority already owns the land.
C. Financing of the project is through a mixture of Washington State Housing Trust funds, revenue
bonds and City of Pasco Community Development Block Grant funds ($100,000 for street and
utility infrastructure awarded in 2013).
D. Housing projects developed on property owned by the Authority are exempt from the ad valorem
property tax levy, one of the primary sources of local tax revenue essential for the provision of
local public services.
E. The Authority has proposed that a PILOT agreement be considered as a way to provide funding
for services that the housing project will require.
The Authority Board is expected to approve the proposed Interlocal Agreement for PILOT
payments for this project at the regular Board meeting on Thursday, March 27, 2014.
V. DISCUSSION:
A. The housing project will be a benefit to the community as long as it includes payments to meet
the costs of increases in needed public services.
B. The proposed Interlocal Agreement designates the City, Franklin County, the Pasco School
District and the Port of Pasco as those taxing entities to be the direct providers of services to
residents of the housing project and the recipient of PILOT payments.
C. The proposed Interlocal Agreement is also a covenant running with the land and will be binding
upon any subsequent owners to whom the Authority may transfer the property.
D. Favorable consideration of the proposed Interlocal Agreement is recommended.
4(c)
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RESOLUTION NO.
A RESOLUTION OF THE CITY OF PASCO APPROVING THE INTERLOCAL
COOPERATION AGREEMENT BETWEEN THE CITY OF PASCO & THE
HOUSING AUTHORITY OF THE CITY OF PASCO & FRANKLIN COUNTY FOR
PAYMENT IN LIEU OF TAXES.
WHEREAS, the Housing Authority of the City of Pasco & Franklin County (Authority) owns
land within the City that it expects to develop as a housing project for purposes of providing low- income
housing opportunities; and
WHEREAS, housing projects of the type to be developed by the Authority are exempt from ad
valorem property tax levy, one of the primary sources of local tax revenue essential for the provision of
local public services; and
WHEREAS, the housing project will be of substantial benefit to the community so long as the
project includes payment in lieu of taxes (PILOT) equivalent to the property taxes the low - income
housing project would have made to meet the costs of anticipated increase in needed public services and
facilities; and
WHEREAS, PILOT will be made in accord with the terms and conditions of the Agreement,
which shall be substantially in the form attached and incorporated herein by this reference as Exhibit "A";
and
WHEREAS, the City desires to insure PILOT obligations will run with the land and be binding
upon any subsequent owners to whom the Authority may transfer the properties referenced herein; and
the City Council having determined said Agreement to be in the best interests of the citizens of Pasco;
NOW THEREFORE,
BE IT RESOVLED BY THE CITY COUNCIL OF THE CITY OF PASCO:
That the City of Pasco enter into an Interlocal Cooperation Agreement between the City and
Authority for PILOT according to the terms and conditions of the Agreement, a copy of which is attached
and incorporated herein by this reference as Exhibit "A'; and the Mayor of the City of Pasco is hereby
authorized to sign said Interlocal Cooperation Agreement for and on behalf of the City of Pasco.
Passed by the City Council of the City of Pasco this day of 2014.
Matt Watkins, Mayor
ATTEST:
Debbie Clark, City Clerk
APPROVED AS TO FORM:
Leland Kerr, City Attorney
EXHIBIT "A"
INTERLOCAL COOPERATION AGREEMENT
BETWEEN
CITY OF PASCO AND THE HOUSING AUTHORITY OF THE CITY OF PASCO
& FRANKLIN COUNTY FOR
PAYMENT IN LIEU OF TAXES (PILOT)
THIS INTERLOCAL AGREEMENT, pursuant to Chapter 39.34 RCW, is made and entered into
this day of , 2014 between the City of Pasco, Washington, a Municipal
Corporation, hereinafter referred to as "City", and the Housing Authority of the City of Pasco & Franklin
County, a public body corporate and politic of the State of Washington, hereinafter referred to as
"Authority".
WHEREAS, the Authority owns land in the City that it expects to develop as a housing project
(the "Project ") for purposes of providing housing to low- income families; and
WHEREAS, RCW 35.82.210 exempts a housing authority and its property from all State and
local taxes; and
WHEREAS, as a condition to providing certain approvals for the Project, the City has requested
that the Authority pay, or cause the lessee of the Project to pay, amounts to the City in lieu of taxes to
defray the cost of providing essential local public services;
NOW THEREFORE, in consideration of the mutual covenants contained herein and for other
valuable consideration the parties agree as follows:
1. Purpose. The purpose of this Interlocal Agreement is to insure that PILOT
payments shall be a continuing obligation and shall run with the land, to be binding upon subsequent
owners or successors in interest which may purchase or otherwise receive the properties described herein
from the Authority.
2. Property. This Agreement establishes obligations and covenants of PILOT
payments as running with the property (the "Property") more legally described as:
THAT PART OF THE NORTH HALF OF THE SOUTHWEST QUARTER OF THE
SOUTHWEST
QUARTER IN SECTION 20, TOWNSHIP 9 NORTH, RANGE 30, E.W.M., LYING EAST OF
STATE HIGHWAY NO. 11 (4TH AVENUE), BEING MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
COMMENCING ON THE SOUTH LINE OF SAID SECTION 20 AT A POINT 530 FEET
EAST OF THE SOUTHWEST CORNER THEREOF AND ON THE EAST RIGHT -OF -WAY
LINE OF STATE HIGHWAY NO. 11; THENCE NORTH 00°18'17" WEST ALONG SAID
EAST LINE A DISTANCE OF 659.47 FEET TO A POINT ON THE SOUTH LINE OF THE
NORTH HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF
SAID SECTION 20; THENCE NORTH 00 °20'28" WEST ALONG SAID EAST RIGHT -OF-
WAY LINE A DISTANCE OF 4.93 TO THE SOUTHERLY MARGIN OF WEST AGATE
STREET AS CONVEYED TO THE CITY OF PASCO BY QUIT CLAIM DEED RECORDED
PILOT INTERLOCAL COOPERATION AGREEMENT - 2
UNDER AUDITOR'S FEE No. 323673; THENCE NORTH 00 °19'43" WEST A DISTANCE
OF 50.84 FEET TO THE NORTHERLY MARGIN OF SAID WEST AGATE STREET AT THE
EAST RIGHT -OF -WAY LINE OF SAID HIGHWAY; THENCE NORTH 00 019'01" WEST
ALONG SAID EAST LINE A DISTANCE OF 217.52 FEET TO THE TRUE POINT OF
BEGINNING; THENCE CONTINUING NORTH 00019'01" WEST ALONG SAID EAST LINE
A DISTANCE OF 336.14 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE
SOUTHEAST HAVING A RADIUS OF 10.00 FEET; THENCE LEAVING SAID EAST LINE
NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE
OF 90 012'29" A DISTANCE OF 15.74 FEET TO THE SOUTHERLY MARGIN OF WEST
PEARL STREET AS CONVEYED TO THE CITY OF PASCO BY DEDICATION DEED
RECORDED UNDER AUDITOR'S FEE No. 1757531; THENCE NORTH 89 °53'28" EAST
ALONG SAID SOUTHERLY LINE A DISTANCE OF 344.96 FEET TO THE EAST MARGIN
OF SAID CONVEYANCE; THENCE NORTH 00 °18'28" WEST A DISTANCE OF 40.00 TO
THE NORTH LINE OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER
OF SAID SECTION 20; THENCE NORTH 89 °23'57" EAST ALONG SAID NORTH LINE A
DISTANCE OF 200.65 FEET; THENCE LEAVING SAID NORTH LINE SOUTH 00 102'51"
EAST A DISTANCE OF 81.64 FEET; THENCE SOUTH 10 °40'47" WEST A DISTANCE OF
148.88 FEET; THENCE SOUTH 01 °21'14" WEST A DISTANCE OF 55.35 FEET TO THE
BEGINNING OF A NON - TANGENT CURVE CONCAVE TO THE SOUTHWEST HAVING
A RADIUS OF 97.00 FEET FROM WHICH THE CHORD BEARS NORTH 85 021'03" WEST
A DISTANCE OF 16.52 FEET; THENCE NORTHWESTERLY ALONG THE ARC OF SAID
CURVE THROUGH A CENTRAL ANGLE OF 9 046'11" A DISTANCE OF 16.54 FEET;
THENCE SOUTH 89 045'53" WEST A DISTANCE OF 48.87 FEET TO THE BEGINNING OF
A CURVE CONCAVE TO THE NORTH HAVING A RADIUS OF 194.00 FEET; THENCE
WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF
1 °06'38" A DISTANCE OF 3.76 FEET; THENCE NORTH 89 °07'33" WEST A DISTANCE OF
30.87 FEET; THENCE SOUTH 89 °06' 29" WEST A DISTANCE OF 77.17 FEET TO THE
BEGINNING OF A CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF
102.00 FEET; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 33 048'57" A DISTANCE OF 60.20 FEET; THENCE
SOUTH 55 017'29" WEST A DISTANCE OF 115.68 FEET TO THE BEGINNING OF A
CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 111.00 FEET;
THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 34 026'22" A DISTANCE OF 66.72 FEET; THENCE SOUTH
89043'53" WEST A DISTANCE OF 133.29 FEET TO THE TRUE POINT OF BEGINNING.
3. Payments. The Authority agrees to make, or cause to be made, annually by each
October 31, commencing October 31, 2015, a payment in lieu of taxes (a "PILOT ") with respect to the
Property, directly to the City, in the amount of $9,243.76, calculated as follows:
City of Pasco - $1,732.72
Pasco School District #I - $6,059.49
Port of Pasco - $286.40
Franklin County - $1,165.15
PILOT INTERLOCAL COOPERATION AGREEMENT - 3
provided, the PILOT amount to be paid in 2015 shall be prorated based on a ratio, the numerator of which
is the number of days remaining in the year from the date the certificate of occupancy for the Project is
issued by the City and the denominator of which is 365.
4. Adjustments. The amount of the annual PILOT required by Section 3 shall be re-
determined every year from the date of this Agreement, based on relative increases or decreases in the
value of the Project as determined by the Franklin County Assessor multiplied by the sum of the property
tax levy rate of the City, the Port of Pasco, Franklin County current expense and the Pasco School District
#I for the applicable calendar year.
5. Covenant Running With the Land. By this Agreement, the obligation to make
PILOT payments shall constitute a covenant that will run with the land, and shall be binding upon
assigns, successors in interest, or other interest holders in the above described properties so long as the
same is public property as described herein and is transferred to a tax - exempt entity (other than the United
States government), which by the laws of the State of Washington is not required to pay ad valorem tax
on the property.
6. Enforcement. The City retains all other rights and remedies, in law or equity, which
may be necessary, or in any event, available in seeking collection of unpaid and past due PILOT
payments. The Authority expressly waives any of the City's obligations to post any bond which may
otherwise be required by law to enforce the terms of this Agreement.
7. Interlocal Cooperation Act Provisions. No special budget or funds are
anticipated nor shall be created by this Agreement. This Agreement does not require the sharing of
special materials or equipment. It is not the intention of the parties to create a separate legal entity to
conduct the cooperative undertakings, nor is the acquisition, holding, or disposing of any real or personal
property other than the real property previously acquired by the Authority, and specifically described
herein, anticipated under the terms of this Agreement.
This Agreement shall be filed with the Franklin County Auditor and listed by the subject on either
Parties' website or other electronically retrievable public source.
8. Execution. This Agreement shall become effective when it has been approved by
Resolution of the City Council of the City and the Board of Commissioners of the Authority.
9. Entire Agreement. This Agreement contains all the terms and conditions agreed
upon by the parties. Any modification to this Agreement shall be in writing and signed by both parties.
Failure of either party to enforce any provision of this Agreement shall not constitute a waiver of said
provision. In the event any provision of this Agreement is determined to be illegal, void, or otherwise
unenforceable by a Court of competent jurisdiction, by legislation, or by arbitration award, the other
provisions shall remain in full force and effect.
10. Notices. All notices and demands shall be in writing and sent to the parties hereto
at their address as follows:
City of Pasco Housing Authority
City Manager Executive Director
PO Box 293 2505 W. Lewis St.
Pasco, Washington 99301 Pasco, Washington 99301
PILOT INTERLOCAL COOPERATION AGREEMENT - 4
11. General Provisions. For the purpose of this Agreement, time is of the essence.
Should any dispute arise concerning the enforcement, breach or interpretation of this Agreement, the City
Manager and one designee from the Authority, or any successor, shall first meet in a good faith attempt to
resolve the dispute. In the event the dispute is not resolved, it shall be resolved by binding arbitration
pursuant to RCW 7.04A, as amended, and the Mandatory Rules of Arbitration (MAR); and venue shall be
placed in Franklin County, Washington, the laws of the State of Washington shall apply, and the
prevailing parry shall be entitled to its reasonable attorney fees and costs as an additional judgment.
DATED this day of 2014.
CITY OF PASCO HOUSING AUTHORITY OF THE CITY OF
PASCO & FRANKLIN COUNTY
Matt Watkins, Mayor F.J. Anderson, Executive Director
ATTEST:
Debbie Clark, City Clerk
STATE OF WASHINGTON )
: SS
County of Franklin )
APPROVED AS TO FORM:
Leland Kerr, City Attorney
On this day personally appeared before me, , of the City
of Pasco, to be known to be the individual described in and who executed the within and foregoing
instrument, and acknowledged that the 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 , 2014.
NOTARY PUBLIC in and for the State of Washington
Residing at:
My Commission Expires:
STATE OF WASHINGTON )
:SS
County of Franklin
On this day personally appeared before me, , of the
Housing Authority of the City of Pasco & Franklin County, to be known to be the individual described in
and who executed the within and foregoing instrument, and acknowledged that the signed the same as the
free and voluntary act and deed of such entity for the uses and purposes therein mentioned.
Given under my hand and official seal this day of 2014.
NOTARY PUBLIC in and for the State of Washington
Residing at:
My Commission Expires:
PILOT INTERLOCAL COOPERATION AGREEMENT - 5
AGENDA REPORT NO. 06
FOR: City Council March 26, 2014
TO: Gary Crutchf el anager Workshop Mtg.: 03/31/2014
FROM: Ahmad Qayoumi, Public Works Director
SUBJECT: Comprehensive Sewer Plan
I. REFERENCE(S):
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
3/31: Discussion
III. FISCAL IMPACT:
IV. HISTORY AND FACTS BRIEF:
A) In September 2011, the City authorized Murray, Smith and Associates, Inc.
(MSA), to assist the City in the creation of a Comprehensive Sewer Plan.
B) The Comprehensive Sewer Plan will provide a holistic approach to addressing the
City's wastewater collection and treatment needs to meet flows, loads and
regulatory demands now and for the foreseeable future. The Comprehensive
Sewer Plan (Plan) is intended to meet the requirements of a General Sewer Plan
and Facility Plan/Engineering Report per the Washington Administrative Code
(WAC), and comply with the City's National Pollutant Discharge Elimination
System (NPDES) Permit.
C) The City originally built a primary treatment facility in 1954 and in 1970 it was
upgraded to meet secondary treatment requirements. The most recent major
upgrade was in 1998 to increase the capacity of the facility. Currently, the City is
designing for improvements and optimizations of the plant. The plant currently
experiences flows between 1 and 4 million gallons per day (MGD).
D) Over the past 12 years, the City has seen significant growth which has resulted in
increase flows in the collection system and at the WWTP. This growth, coupled
with significant urban expansion since the last planning effort was completed,
requires development of a Comprehensive Sewer Plan that reflects current
conditions and growth projections.
E) The Comprehensive Sewer Plan was part of Council's 2010 -2011 Goals.
F) On January 28, 2013 MSA presented preliminary findings of the study to Council.
G) Staff has been working with the Department of Ecology to review and finalize the
document. To date, DOE is currently reviewing the final draft.
V. DISCUSSION:
A) Murray Smith & Associates and Staff will present an overview of the final
comprehensive plan draft. They have been coordinating the findings with the
Department of Ecology. Once the City receives approval from Ecology, we will
return to Council for adoption of the Comprehensive Sewer Plan findings,
recommendations and Capital Improvements by resolution.
4(d)
FOR: City
TO: Gary
FROM: Rick
AGENDA REPORT
SUBJECT: Community Gardens
I. REFERENCE(S):
Vicinity Map.
March 25, 2014
Workshop Mtg.: 3/31/14
Community Services
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
03/31: Discussion
III. FISCAL IMPACT:
See below.
IV. HISTORY AND FACTS BRIEF:
A) Community Gardens have been located in Richland and Kennewick for a number
of years. Richland has three and Kennewick has two sites at this time. Staff has
received numerous calls the last two years requesting a community garden. At this
time we have several volunteer groups offering labor to develop the site. Several
vendors have offered to provide the needed materials. Experience of other cities
has shown that locating the garden next to a high density housing area has the best
chance of success.
V. DISCUSSION:
A) Benton Franklin Head Start (located at the MLK Center) would be one of the
partners in this project. They are applying for a possible grant and plan on
soliciting the local neighborhood for participants. These gardens have become
very popular with other communities and there is the possibility of more garden
requests in the future.
B) Staff proposes the city provide the land area and water located at Kurtzman Park.
Water would be supplied by the city's irrigation system well at no additional cost,
as the area would normally be irrigated. The garden area would be constructed by
volunteers and the materials would be donated or paid for by grant funds. The
plan would start with 15 raised bed garden plots, approximately 6,000 sq. ft. or 60
x 100 as shown on the attached map.
C) Recreation Services would provide guidelines and registration for garden use like
any other program. The participants would sign an agreement with the city to
maintain and clean up and take general responsibility for their garden plot. Failure
to do so would be grounds for not renewing the plot for the following year.
D) Master Gardeners will provide their knowledge of this type of program and
supply the planting stock and seeds, as well as a $500 grant for materials. Lowes
has approved this project as part of their Community Action Plan, much like the
project at Peanuts Park two years ago. Additional grants from local businesses are
being sought by other volunteers.
E) The Park and Recreation Advisory Board has discussed the concept and supports
this project. Staff suggests a one year trial period, then reevaluate and make any
necessary changes at that time. Staff requests Council's comments or concerns
about this project.
4(e)
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AGENDA REPORT
FOR: City Council
TO: Gary
FROM: Stan Strebel, Dkphly City Manager
SUBJECT: Parking Regulations
I. REFERENCE(S):
1. Proposed Ordinance
March 25, 2014
Workshop Mtg.: 3/31/14
Regular Mtg.: 4/7/14
H. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
3/31: Discussion
4/7: MOTION: I move to adopt Ordinance No. , regarding Parking
Regulations and amending Title 10 of the Pasco Municipal Code
and, further, authorize publication by summary only.
III. FISCAL IMPACT:
IV. HISTORY AND FACTS BRIEF:
A) Changes to state laws regarding Handicap Parking Violations prompted staff to
review all parking regulations for compliance.
B) As a result of the review, staff recommends revisions as follows:
1. PMC 10.16.135 Penalty Provision. Amendments are suggested to reduce the
number of classes of violations from four to three in order to simplify the
processing of various violations by the Police Department and the Court.
Additionally, the penalties are increased somewhat as no adjustments have
been made to costs since 1996.
2. PMC Section 10.52.080 and appropriate references and penalties for handicap
parking are added pursuant to state law.
V. DISCUSSION:
A) Combining the two lowest classes of violations, those five cases where the
penalty has been $20.00, and fifteen cases with a previous penalty of $35.00,
results in each of these 20 cases recommended for a $40.00 penalty; in most
cases, a modest increase of $5.00. The recommended increase for class two
cases, formerly $66.00 to $80.00 is for the more egregious violations.
B) Both Kennewick and Richland do not set penalties by code but merely legislate
that penalties may not exceed $250.00, thus leaving wide latitude to the judicial
authority.
C) It should be noted that revenue for parking penalties remains with the City and is
not shared with the state, as is the case of many other fines.
D) Staff recommends adoption of the proposed ordinance with an effective date of
May 1, 2014 in order for the Police Department and Municipal Court to have
adequate time to implement the changes (ticket books, etc.).
4(f)
ORDINANCE NO.
AN ORDINANCE of the City of Pasco, Washington, Amending Section
10.16.135 "Penalty Provisions" Regulating Traffic Within the City; Creating
Section 10.52.080 "Handicap Parking Violations "; and Repealing Chapter 10.94
"Tri -Cities Airport Parking and Traffic Regulations"
WHEREAS, the Washington legislature has, by amendment of RCW 46.63.110, authorized
cities within the State to assess a penalty for failure to timely respond to a notice of parking
infraction imposed by cities within the State; and
WHEREAS, it is necessary to update the penalty provisions for certain traffic infractions and
to provide consistency with the State law, and to amend penalty provisions for failure to timely
respond to violations of the City's traffic and parking infractions; and
WHEREAS, Chapter 10.94 of the Pasco Municipal Code regarding Tri- Cities Airport
Parking and Traffic Regulations is outdated and based upon the Port of Pasco Resolution, has long
since been amended and changes having been made for the enforcement of parking and traffic
regulations within the Airport making the current regulation obsolete which are being considered by
the Port for future action; and
WHEREAS, the City desires to provide for handicap parking, and provide for violations
thereof; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS
FOLLOWS:
Section 1. That Section 10.16.135 entitled "Penalty Provisions" of the Pasco Municipal
Code shall be and hereby is amended and shall read as follows:
10.16.135 PENALTY PROVISIONS.
(1) The penalty provisions of Chapter 308 -330 WAC, are hereby adopted by reference as
if set forth in full; EXCEPTION, any person found to be in violation of any provision of RCW
46.61.570 and RCW 46.61.575, which has been adopted by reference through WAC 308.330 -462,
WAC 308 - 330 -430, WAC 308.330 -436, WAC 308 - 330 -433, WAC 308 - 330 -439, WAC 308 -330-
442, WAC 308 - 330 -457, and Chapters 10.44, 10.52, 10.56, and 10.924 of the Pasco Municipal Code
shall be deemed to have committed a civil infraction and for each such violation shall be subject to a
civil penalty in the amount listed below, plus court costs and statutory assessments, if any:
(a) Class One. Violation of the following are subject to a maximum penalty of
twenty forty dollars ($28:0040.001;
(i) WAC 308 - 330 -430. Improper parking in an angled slot.
(ii) WAC 308 - 330 -436. Illegal parking for the purpose of displaying,
advertising or selling a vehicle.
(iii) PMC 10.56.060. Overtime parking in two hour zone.
(iv) PMC 10.56.120. Overtime parking in ten minute zone.
(v) PMC 10.56.130. Overtime parking in one hour zone.
(�d) RCW 46.61.570(a)(i) through RCW 46.61.570(a)(x). Illegal parking
in roadway, intersection, crosswalk, bridges, railroad tracks, cross overs, etc.
(vii RCW 46.61.570(b)(1) through RCW 46.61.570(b)(vi). Illegal
parking in front of driveway, fire hydrant, where signs prohibit stopping, etc.
(viii RCW 46.61.570(c)(i) through RCW 46.61.570(c)(ii). Illegal parking
within 50' of a railroad crossing or where official signs prohibit parking.
ix RCW 46.61.570(3). Pushing vehicle out into roadway.
(x-) RCW 46.61.575(4). Stopping or standing where signs prohibit same.
(xi) WAC 308 - 330 -433. Obstructing roadway.
xii) WAC 308 - 330 -439. Illegal parking or standing in a passenger zone.
xiii WAC 308 - 330 -442. Illegal parking and standing in a loading zone.
(xiv) WAC 308 - 330 -457. Illegal parking or standing at bus stops and taxi
cab stands.
(2v) PMC 10.52.030(1). Allowing oil or grease to be dropped from
vehicle.
(xvi ) PMC 10.52.030(2). Illegal parking of commercial vehicle on
residential street.
xvii) PMC 10.52.030(3). Illegal parking of unlicensed vehicle on roadway.
xviii PMC 10.52.030(4). Illegal parking of boat, motor home, trailer, etc.,
on road for more than 72 hours.
xiv PMC 10.52.045. Illegal parking in student loading zone.
(xv) PMC 10.52.070. Illegal overnight parking in City lots.
(eh) Class 44RCOTwo. Violation of the following are subject to a maximum
penalty of six4y-six eighty dollars ($6680.00):
Parking Regulations
Page 2
(i) RCW 46.61.570(4). Illegal blocking of road for attempting to reserve
portion for exclusive use.
(ii) RCW 46.61.575(1). Illegal stopping/parking on wrong side of road
more than twelve (12) inches of curb on a two way road.
(iii) RCW 46.61.575(2). Illegal stopping/parking more than twelve (12)
inches from curb on one way road.
(iv) PMC 10.44.020. Illegal roller skating, skateboarding, coaster on road
way.
(v) PMC 10.44.060. Illegal riding on portion of vehicle not intended for
passengers.
(vi) PMC 10.44.070. Illegal train operator blocks road for more than five
minutes.
(vii) PMC 10.44.080. Illegal cruising.
(viii) PMC 10.52.020. Illegal parking in alley.
amounts as authorized by State law:
penalty or fine imposed under this section_ two hundred dollars ($200.00) must be
assessed pursuant to RCW 46.19.050 The Municipal Court may not suspend more
than one -half of any fine imposed under this subsection
Oil All other violations contained within this Title not otherwise
designated as misdemeanors or gross misdemeanors shall constitute infractions
Unless otherwise designated ted by class or amount all violation of infractions shall be
amounts as provided by State law.
(2) Failure to respond within fifteen (15) days shall result in an additional monetary
penalties beifig ewed penalty of twenty -five dollars ($25.00) which shall be due and owing.
Parking Regulations
Page 3
(3) Each day that a violation continues or each time a violation continues past a parking
limitation period or portion thereof in excess of the applicable parking time limitation, it shall be
deemed a separate violation subject to the maximum civil penalty as set forth above. (Ord. 3171 Sec.
4, 1996; Ord. 2599, Sec. 1, 1986.)
Section 2. That a new Section 10.52.080 entitled "Handicap Parking Violations" of the
Pasco Municipal Code, shall be and hereby is created and shall read as follow:
10.52.080 HANDICAP PARKING VIOLATIONS It is an unlawful parking violation:
(1) For any person to nark in. block. or otherwise make inaccessible the access isle
located next to a space reserved for persons with physical disabilities:
(2) For any person to Rark a vehicle in a parking 121ace provided on private property
without charge or on public property reserved for persons with physical disabilities without a placard
or special license place issued pursuant to Chapter 46.19 RCW
(33) For any Derson to make unauthorized use of the special placard special license plate
or identification card issued pursuant to Chanter 46.19 RCW or
(4 ) In any public or private parking space posted by sign and reserved for persons with
physical disabilities.
Section 3. That Chapter 10.94 entitled "Tri-Cities Airport Parking and Traffic
Regulations" of the Pasco Municipal Code, is hereby repealed in its entirety.
Section 4. This Ordinance shall take full force and effect on May 1, 2014 after its
passage and publication as required by law.
PASSED by the City Council of the City of Pasco, Washington, and approved as provided by
law this _ day of 2014.
Matt Watkins, Mayor
ATTEST:
Debbie Clark, City Clerk
APPROVED AS TO FORM:
Leland B. Kerr, City Attorney
Parking Regulations
Page 4
AGENDA REPORT
FOR: City
TO: Gary
FROM: Stan Strebel, Deputy City Manager,
r
SUBJECT: Criminal Code Amendments
I. REFERENCE(S):
1. Proposed Ordinance
March 18, 2014
Workshop Mtg.: 3/31/14
Regular Mtg.: 4/7/14
IL ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
3/31: Discussion
4/7: MOTION: I move to adopt Ordinance No. , amending Sections of Title
9 of the Pasco Municipal Code regarding Criminal Acts and,
further, authorize publication by summary only.
III. FISCAL IMPACT:
IV. HISTORY AND FACTS BRIEF:
A) Recent changes in state law, upon which sections of the City's criminal code are
based, warrant amendment of several PMC sections so as to be consistent and
enforceable.
B) The City Attorney has prepared the referenced, proposed ordinance to implement
the necessary changes which are briefly summarized below:
• Section 1— PMC 9.08.030
(2) Violation of a Court Order regarding harassment is changed from a
misdemeanor to a gross misdemeanor.
(3) Procedures on the crime of stalking are added.
• Section 2 — PMC 9.09.090
Stalking penalties language is revised.
• Section 3 — PMC 9.34.020
The definition of shoplifting is revised
• Section 4 — PMC 9.34.060
State law (RCW 9A.56.096) regarding Theft of Rental, Leased, Lease —
Purchased or Loaned Property is adopted.
• Section 5 — PMC 9.42.140
State law (RCW 71.09) regarding Introducing Contraband Third Degree is
adopted and incorporated into PMC.
• Section 6 — PMC 9.46.010
"Riot" is replaced by "Criminal Mischief' with state law reference (RCW
9A.84.010)
• Section 7 — PMC 9.54.050
Vehicle Prowling in the Second Degree is incorporated with state law
(RCW 46.04.305) reference and generally defined as a gross
misdemeanor.
• Section 8 — PMC 9.34.065
A new section defining Shopping Cart Theft (misdemeanor) is added to
PMC.
V. DISCUSSION:
A) Staff has reviewed the ordinance and recommends adoption.
4(g)
ORDINANCE NO.
AN ORDINANCE of the City of Pasco, Washington, Amending Section
9.08.030 "Court -- Ordered Requirements Upon Persons Charged with Crime --
Violation"; Amending Section 9.08.090 "Stalling -- Penalties "; Amending
Section 9.34.020 "Shoplifting "; Amending Section 9.34.060 "Theft of Rental
Equipment "; Amending Section 9.42.140 "Introducing Contraband Third
Degree "; Amending Section 9.46.010 "Riot "; Amending Section 9.54.050
"Vehicle Prowling"; and Creating Section 9.34.065 "Shopping Cart Theft"
WHEREAS, recent legislative changes have made changes to laws upon which certain
sections of the City's criminal code are based; and
WHEREAS, it is important for effective law enforcement that these sections be consistent,
both in the elements of the crime and the level of punishment. NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS
FOLLOWS:
Section 1. That Section 9.08.030 entitled "Court -- Ordered Requirements Upon Person
Charged with Crime -- Violation" of the Pasco Municipal Code, shall be and hereby is amended and
shall read as follows:
9.08.030 COURT -- ORDERED REQUIREMENTS UPON PERSON CHARGED
WITH CRIME -- VIOLATION.
(1) Because of the likelihood of repeated harassment directed at those who have been
victims of harassment in the past, when any defendant charged with a crime involving harassment is
released from custody before trial on bail or personal recognizance, the Court authorizing the release
may require that the defendant:
(A) Stay away from the home, school, business, or place of employment of the
victim or victims of the alleged offense or other location, as shall be specifically named by
the Court in the order;
(B) Refrain from contacting, intimidating, threatening, or otherwise interfering
with the victim or victims of the alleged offense and such other persons, including but not
limited to members of the family or household of the victim, as shall be specifically named
by the Court in the order.
(2) An intentional violation of a Court order issued under this section is a gross
misdemeanor. The written order releasing the defendant shall contain the Court's directives and shall
bear the legend: Violation of this order is a criminal offense under Chapter 9.08 PMC. A certified
copy of the order shall be provided to the victim by the Clerk of the Court.
(3) If the defendant is charged with a crime of stalking or any other stalking related offense
under PMC 9.08.090, and the Court issues an order protecting the victim the Court shall issue a
stalking no- contact order pursuant to Chapter 7.92 RCW (Ord. 2912 Sec. 1, 1992.)
Section 2. That Section 9.08.090 entitled "Stalking -- Penalties" of the Pasco Municipal
Code, shall be and hereby is amended and shall read as follows:
9.08.090 STALKING -- PENALTIES.
(1) A person commits the crime of stalking if, without lawful authority and under
circumstances not amounting to a felony attempt of another crime:
(A) He or she intentionally and repeatedly harasses or reeeatedly follows another
person
or follows ♦1+......«...... ydiile the Y between l , and
(B) The person being harassed or followed is intimidated, placed in
fear that the stalker intends to injure the person, another person, or property of the person
being €ellewed, or of another person. The feeling of fear, intirnidatien, or hamssm must
be one that a reasonable person in the same situation would experience under all the
circumstances; and
(C) The stalker either:
(i) Intends to frighten, intimidate, or harass the person being €allewed; or
(ii) Knows or reasonably should know that the person mowed is
afraid, intimidated, or harassed even if the stalker did not intend to place the person in
fear or intimidate or harass the person,; —end
(2) It is not a defense to the crime of stalking under subsection (1)(C)(i) of this section
that the stalker was not given actual notice that the person being followed did not want the stalker to
contact or follow the person; and
It is not a defense to the crime of stalking under subsection (1)(C)(ii) of this section
that the stalker did not intend to frighten, intimidate, or harass the person being followed.
(344) It shall be a defense to the crime of stalking that the defendant is a licensed private
detective acting within the capacity of his or her license as provided by Chapter 18.165 RCW.
(45) Attempts to contact or follow the person after being given actual notice that the
person does not want to be contacted or followed constitutes prima facie evidence that the stalker
intends to intimidate or harass the person. "Contact" includes, in addition to anv other form of
contact or communication, the sending of an electronic communication to the person
(So Except as provided in RCW 9A.46.110(5)(b) such additional elements as constitutes
a class B felony a person who stalks another person is guilty of a gross misdemeanor. A person-srhe
stalks another- person guilty LY ,... r a ..t,. the pefseft is •i r
felony if any of the fellewing apoiesi
Ordinance - Criminal Code
Page 2
S.
Y ! !
! in this section:
(A) "Follows" means deliberately maintaining visual or physical proximity to a
specific person over a period of time. A finding that the alleged stalker repeatedly and
deliberately appears at the person's home, school, place of employment, business, or any
other location to maintain visual or physical proximity to the person is sufficient to find that
the alleged stalker follows the person. It is not necessary to establish that the alleged stalker
follows the person while in transit from one location to another.
(B) "Harasses" means unlawful harassment as defined in PMC 9.08.010 or RCW
10.14.020.
(C) "Protective order" means any temporary or permanent court order prohibiting
or limiting violence against, harassment of, contact or communication with, or physical
proximity to another person.
(D) "Repeatedly" means on two or more separate occasions. (Ord. 3484 Sec. 5,
2001; Ord. 2912 Sec. 1, 1992.)
Section 3. That Section 9.34.020 entitled "Shoplifting" of the Pasco Municipal Code,
shall be and hereby is amended and shall read as follows:
9.34.020 SHOPLIFTING. A person who willfully takes possession of any goods,
wares, or merchandise valued at less than tweseven hundred fifty dollars offered for sale by any
wholesale or retail store or other mercantile establishment, including ten or more merchandise
pallets, or ten or more beverage crates or a combination of ten or more merchandise pallets and
Ordinance - Criminal Code
Page 3
beverage crates, without the consent of the seller, with the intention of converting such goods, wares,
ermerchandise, pallets or crates to his own use without having paid the purchase price thereof, is
guilty of shoplifting. Shoplifting is a gross misdemeanor. (Ord. 3488 Sec. 3, 2001.)
Section 4. That Section 9.34.060 entitled "Theft of Rental Equipment' of the Pasco
Municipal Code, shall be and hereby is amended and shall read as follow:
9.34.060 THEFT OF RENTAL, -EQl A ,LEASED LEASE - PURCHASED. OR
LOANED PROPERTY. RCW 9A.56.096, as it pertaios its amendments and additions pertaining to
the theft of rental equipment, leased, lease - purchased, or loaned RroRerty valued tmder $250at
replacement value of less than $750 is adopted in its entirety. Theft of rental equipment, leased,
lease - purchased or loaned property is a gross misdemeanor. (Ord. 3488 Sec. 3, 2001.)
Section 5. That Section 9.42.140 entitled "Introducing Contraband Third Degree" of the
Pasco Municipal Code, shall be and hereby is amended and shall read as follows:
9.42.140 INTRODUCING CONTRABAND THIRD DEGREE.
X1,2 A person is guilty of introducing contraband in the third degree if he or she
knowingly and unlawfully provides contraband to any person confined in a detention facility or
secure facility under Chapter 71.09 RCW 1ntFedueing _e_trabana a.: -a degree is a wins-- ---- --
(2) This section does not apply to an attorney representing a client confined in a secure
facility under Chapter 71.09 RCW for the pumoses of bringing discovery or other legal materials to
assist the client in the civil commitment process under Chapter 71.09 RCW provided that:
(A) The attorney must be present when the materials are being reviewed or
handled by the client: and
(B) The attorney must take the materials and any and all copies of the materials
when leaving the secure facility.
(3) "Contraband" means any article or thing which a person confined in a detention
facility or secure facility under Chapter 71.09 RCW is prohibited from obtaining or possessing by
statute, rule regulation. or order of a Court
2001.) (4) Introducing contraband in the third degree is a misdemeanor. (Ord. 3490 Sec. 3,
Section 6. That Section 9.46.010 entitled "Riot" of the Pasco Municipal Code, shall be
and hereby is amended and shall read as follows:
9.46.010 MOT. CRIMINAL MISCHIEF.
W A person is guilty of the crime of tiet criminal mischief if, acting with three or more
other persons, he or she knowingly and unlawfully uses or threatens to use force, or in any way
participates in er-f'aeilitatesthe use of such force, against any other person or against property, — except
Ordinance - Criminal Code
Page 4
(2) Except as provided in RCW 9A.84.010(2)(b) where the actor is armed with a deadly
weapon, the crime of criminal mischief is a gross misdemeanor. (Ord. 2688 Sec. 1, 1988.)
Section 7. That Section 9.54.050 entitled "Vehicle Prowling" of the Pasco Municipal
Code, shall be and hereby is amended and shall read as follows:
9.54.050 VEHICLE PROWLING IN THE SECOND DEGREE.
r r y therein, te enter or Femai
(1) A person is guilty of vehicle prowling in the second degree if with intent to commit a
crime against a person or property therein_ he or she enters or remains unlawfully in a vehicle other
than a motor home as defined in RCW 46.04.305, or a vessel equipped for propulsion by mechanical
means or by sail which has a cabin equipped with permanently installed sleeping quarters or cooking
facilities.
(2) Except for those circumstances which constitute a felony as defined by RCW
9A.52.100, vehicle prowling in the second degree is a gross misdemeanor. (Ord. 3492 Sec. 3, 2001.)
Section 8. That a new Section 9.34.065 "Shopping Cart Theft" of the Pasco Municipal
Code, shall be and hereby is created and shall read as follows:
9.34.065 SHOPPING CART THEFT.
(1) It is unlawful to any of the following acts, if a shopping cart has a permanently
affixed sign as provided in subsection (2) of this section:
(A) To remove a shopping cart from the parking area of a retail establishment
with the intent to deprive the owner of the shopping cart the use of the cart; or
(B) To be in possession of any shopping cart that has been removed from the
parking area of a retail establishment with the intent to deprive the owner of the shopping cart
the use of the cart.
(2) This section shall apply only when a shopping cart:
(A) Has a sign permanently affixed to it that identifies the owner of the cart or the
retailer, or both;
(B) Notifies the public of the procedure to be utilized for authorized removal of
the cart from the premises;
(C) Notifies the public that the unauthorized removal of the cart from the
premises or parking area of the retail establishment, or the unauthorized possession of the
cart, is unlawful; and
(D) Lists a telephone number or address for returning carts removed from the
premises or parking area to the owner or retailer.
Ordinance - Criminal Code
Page 5
(3) Any person who violates any provision of this section is guilty of a misdemeanor.
Section 9. This Ordinance shall take full force and effect five (5) days after its approval,
passage and publication as required by law.
PASSED by the City Council of the City of Pasco, Washington, and approved as provided by
law this _ day of 2014.
Matt Watkins, Mayor
ATTEST:
APPROVED AS TO FORM:
Debbie Clark, City Clerk Leland B. Kerr, City Attorney
Ordinance - Criminal Code
Page 6
AGENDA REPORT
FOR: City Counc' March 26, 2014
5
TO: Gary Crutchfi Manager Workshop Mtg.: 03/31/14
Rick White, I Q� Regular Mtg.: 04/07/14
Community & Vconomic Development Director �✓
FROM: Angela R. Pitman, Block Grant Administrator do
SUBJECT: Consultant for Tri- Cities Consolidated Plan 2015 -2019 Update
I. REFERENCE(S):
A. Professional Services Summary
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
03/31: DISCUSSION
04/07: MOTION: I move to approve the HOME Consortium Agreement with
John Epler for preparation of an update to the Tri- Cities
Consolidated Plan 2015 -2019 in an amount not to exceed
$12,834 and, further, authorize the City Manager to sign the
contract documents.
III. FISCAL IMPACT:
$12,834 in Federal CDBG funds
IV. HISTORY AND FACTS BRIEF:
A. Pasco entered into a HOME consortium Agreement with Richland and
Kennewick in 1995 making the City eligible for Federal HOME funds. Approval
of a Consolidated Plan is required by HUD to expend federal funds for both the
HOME and CDBG programs. The current Consolidated Plan 2010 -2014, prepared
in 2009 by John Epler & Associates expires this year.
B. In March of 2014 a request for quotation was issued from the HOME Consortium
for update of the Tri- Cities
Consolidated Plan
2015 -2019. Responses were
received from four consulting firms as follows:
Consultant
Cost
Rating
Tom Beckwith & Associates
$25,000
2.95
Ernest Swiger Consulting
$29,730
3
John Epler /Linda Rinaldi
$38,500
3.75
Urbanist Housing Solutions
$49,163
2.75
C. The 2015 -2019 Consolidated Plan will be the Consortium's first year using the
new federally mandated eCon Planning Suite. John Epler and Linda Rinaldi have
completed over 30 consolidated plans both together and separately within the
agreed -upon budget and schedule, the latest 2 of those plans were implemented in
the eCon Planning Suite.
V. DISCUSSION:
A. The estimated total cost for all three cities is to not exceed $38,500. Total cost to
Pasco for the update would not exceed $12,834. This amount was approved in the
2014 CDBG budget.
B. A draft of the HOME Consortium Agreement is attached for Council review and
comment. The period of performance would begin as soon as possible and end
October 17, 2014.
4(h)
Professional Services Agreement
(Summary Sheet)
Proiect: 2015 -2019 Tri- Cities Consortium Consolidated Plan
Consultant: Linda Rinaldi /John Eyler
Address: 6747 4e Avenue SW, Seattle, WA 98136
Scope of Services: Prepare the 2015 -2019 Consolidated Plan. The purpose of the Consolidated
Plan is to assess housing community development needs within the three Cities and provide a
comprehensive five -year strategy designed to:
• Increase and maintain the supply of affordable and supportive housing for low-income and
special needs populations, including the homeless-,
• Create a suitable living environment through improvements in public facilities and services•
• Expand economic opportunities for lower income households
The Consolidated Plan must address the housing infrastructure social services and economic
opportunities available to economically disadvantaged families and individuals residing within
the boundaries of the three Cities. The individual or firm selected in response to this Request for
Proposals will have the knowledge skills and ability to provide the full range of services
including, but not necessarily limited to:
• Conducting fact finding interviews
• Facilitating small and large group meetings
• Identifying agencies and organizations providing services to the Consortium's economically
disadvantage populations
• Design, conduct and evaluate a community survey
• Prepare housing and community needs assessments and market studies
• Assist Consortium staff in yrioritizing community needs
• Coordinate the public comment process
Input and develop the Consolidated Plan in two manners;
• Prepare and input the HUD required IDIS eCon Planning Suite document
• Prepare a synoysis of the document that communicates the information contained within IDIS
for publication to the general public through a variety of printed or electronic methods
Term: 5 Months Completion Date: October 17, 2014
Payments to Consultant:
❑ Hourly Rate: $
® Fixed Sum of $38.500
® Other: Pro¢zess Payment are allowable
Insurance to be Provided:
1. Commercial General Liability:
3/27/13
0 $1,000,000 each occurrence;
❑ $2,000,000 general aggregate; or
❑ $ each occurrence; and $ general aggregate
2. Professional Liability:
® $1,000,000 per claim;
® $1,000,000 policy aggregate limit; or
❑ $ per claim; and $ per policy aggregate limit
Other Information: Summary of evaluation: Pasco entered into a HOME Consortium
Agreement with Richland and Pasco in 1995 making the City eligible for Federal HOME funds
Approval of a Consolidated Plan is required by HUD to expend federal funds for both the
HOME and CDBG programs. The current 2010 -2014 Consolidated Plan prepared by John Epler
& Associates expires this year.
In March, a Request for Proposals was issued from the HOME Consortium for the update
of the current plan. Rinaldi & Associates, working as a team with John Epler & Associates
provided the most comprehensive Proposal to update the Plan Working together and
individually, Rinaldi & Associates and John Epler & Associates have completed over 30
Consolidated Plans in the Northwest within the agreed -upon time frame and budget All of those
Plans were fully approved by HUD. Linda Rinaldi is registered in the eCon Planning Suite the
team has successfully completed Consolidated plans for The City of Lewiston and City of
Spokane using the eCon Planning Suite.
In addition to assisting the Consortium with the development of the Consolidated Plan
the team will also advise and assist Consortium staff in developing a flexible framework to
accommodate each City's individual proiects through their Annual Action Plans for the 5 -year
period. This will be the Consortium's first year using the new eCon Planning Suite required by
the Integrated Disbursement Information System (IDIS). The new electronic submission format
is more structured than previous years and requires that the framework of Consolidated Plan
goals, including their relationship to priority needs, descriptions, outcomes and indicator
measures are structured in a way that each City's individual annual projects must fit within The
Annual Plans will now be pre - populated by information taken from the 5 -year strategic plan
Total cost is $38.500 to be split equally between the Cities of Richland Kennewick and
Signature by:
❑ Mayor
® City Manager
3/27/13
AGENDA REPORT NO. 7
FOR: City Count 1 DATE: March 20, 2014
TO: Gary Crutchfiel ager
Ahmad Qayo P ., blic Works Director
FROM: Michael A. Pa ak, P.E., City Engineer Workshop: March 31, 2014
Regular: April 7, 2014
SUBJECT: Speed Limit Ordinance — Oregon Avenue Speed Limit Change
I. REFERENCE(S):
1. Vicinity Map
2. Staff Memorandum
3. Ordinance
H. ACTION REQUESTED OF COUNCIL /STAFF RECOMMENDATIONS:
03/31: Discussion
04/07: MOTION: I move to adopt Ordinance No. amending
Section 10.24.040 "Speed Limits in Certain Zones ", and
further, authorize publication by summary only.
III. FISCAL IMPACT:
None
IV. HISTORY AND FACTS BRIEF:
A) A review of the collision history of Oregon Avenue found several collisions that
might have been avoided or the severity reduced with a lower speed limit.
B) Speed survey data was collected along Oregon Avenue in April, 2012. The
calculated 85`°- percentile speed ranged from 41 to 49 MPH.
C) The review of the conditions of Oregon Avenue found that the current speed limit
of 45 MPH was too high due to the high number of driveways, lack of left turn
pockets, the numerous fixed objects close to the edge of the travel way, and a set
of curves on the north end.
D) Oregon Avenue (SR 397) is a part of the State highway system and as such the
speed limit designation is controlled by the Washington State Department of
Transportation (WSDOT). A reduction in speed limit from 45MPH to 40MPH
has been approved by WSDOT.
E) A revised speed limit of 40MPH is appropriate and consistent with the
commercial and industrial land use and high activity level of driveway activity.
V. DISCUSSION
A) This ordinance amends Section 10. 24.040 (Speed Limits in Certain Zones) and of
the Pasco Municipal Code by adding and amending speed limits on various streets
in the City.
45 MPH
Remove: N. Oregon Avenue (E. Ainsworth Street to SR -12)
40 MPH
Add: Oregon Avenue (E. Ainsworth Street to SR -12)
B) Engineering Division has discussed the proposed change with the Pasco Police
Department and they indicated that they have no concerns. Staff recommends the
speed limit change be adopted.
4(i)
Memo
To: Gary Crutchfield, City Manager
Ahmad Qayoumi, PE, Public Works Director
From: Michael A. Pawlak, PE, City Engineer /'
Date: March 24, 2014
Public Works Department
Engineering Division
Re: Proposed Speed Limit Change on Oregon Avenue (SR397)
In January 2013, the City began discussions with the Washington State Department of Transportation
( WSDOT) to reduce the posted speed limit along N. Oregon Avenue between US12 and E. Ainsworth Street.
The existing speed limit is posted at 45 MPH.
Engineering staff conducted a speed survey of vehicular traffic, monitored turning movements and pedestrian
activity, and reviewed 2007 -2011 collision data for the corridor. Staff concluded that a posted speed limit of
35 MPH would be more consistent with the urban environment along the corridor, the number of business
accesses (driveways), turning movements, traffic patterns and pedestrian activity. Staff then proposed the
change to WSDOT.
WSDOT traffic engineers reviewed the City's proposal, conducted their own evaluation and concluded that
they would approve a decrease in the posted speed limit to 40 MPH, between US12 and E. Ainsworth Street.
They cited in their determination that the posted speed limit along E. Ainsworth Street was 40 MPH and such
a reduction along Oregon Avenue would provide consistency along the entire SR397 Corridor through Pasco.
The City is currently in the design phase of improvements to the Oregon Avenue Corridor that will consist of
roadway widening, sidewalks, illumination upgrades, signalization, and restriping of the roadway to a 5 -1-ane
section. The restriping will provide for a continuous two -way left turn lane (TWLTL) and left -turn pockets at
designated intersections to allow traffic making left turns to stage outside of the travel lanes and reduce the
potential for accidents. Jim Mahugh, WSDOT South Central Region Traffic Engineer, in an email dated
August 15, 2013 acknowledged that WSDOT would consider a further speed limit reduction to 35 MPH after
the improvements were completed and traffic speeds and patterns were re- evaluated.
Staff recommends a change in PMC Section 10.24.040 to reduce the posted speed limit along Oregon
Avenue (SR397) between US12 and E. Ainsworth Street to 40 MPH; and, to re- evaluate the corridor for a
possible further reduction in speed limit once the Oregon Avenue Corridor Improvement Project is completed.
A copy of the email string between the City and WSDOT is attached to this Memo
• Page 1
ORDINANCE NO.
AN ORDINANCE concerning speed limits on various streets, and amending Section
10.24.040 of the Pasco Municipal Code.
WHEREAS, with recent construction and/or extension of various city streets, it is
determined that the maximum speed for the below named street(s) should be increased/decreased
to provide a reasonable and safe conditions, now, therefore,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON DO ORDAIN
AS FOLLOWS:
Section 1. Section 10.24.040 of the Pasco Municipal Code is hereby amended to read as
follows (deletions shown by interlineations and additions shown by underlining):
10.24.040 SPEED LIMITS IN CERTAIN ZONES. It is determined upon the basis of an
engineering and traffic investigation that the speed permitted by state law upon the following
streets is less than is necessary for safe operation of vehicles thereon, by reason of the
designation and sign posting of the streets as arterial highways and/or by reason of widely spaced
intersections, and it is declared that the speed limit shall be as hereinafter set forth on those
streets or parts of streets designated in this section at the times specified when signs are erected
giving notice thereof:
NAME OF STREET
45 MPH
E. "A" Street (S. Cedar Avenue to SR -12);
Harris Road (W. Court Street to Broadmoor Boulevard);
W. Lewis Street (N. 20th Avenue to N. 28th Avenue);
N. 4th (north line Section 19 to city limits - Glade North);
N. Oregon Street (Hillsboro to north city limits);
Road 68 (Sandifer Pkwy north to north city limits);
Broadmoor Boulevard (Franklin County Irrigation Canal to Bedford Street);
;
Road 100 (Chelan Drive to FCID Canal);
Capital Avenue (Hillsboro Street to Foster Wells Road).
(Ord. 3928, 2009; Ord. 3730 Sec. 1, 2005; Ord. 3630 Sec. 1, 2003; Ord. 3395 Sec. 1,
1999; Ord. 3293 Sec. 1, 1998; Ord. 3217 Sec. 1, 1997; Ord. 2818 Sec. 4, 1991; Ord. 2795
Sec. 1-2,1990)
40 MPH
S. 10th Avenue (Ainsworth Avenue to southerly city limits on the intercity bridge)
Heritage Boulevard (SR -12 to "A" Street);
W. Court Street (Road 48 to road 100);
E. Lewis Street (N. Cedar Avenue to SR -12);
Argent Road (N. 20th Avenue west to Road 36);
Argent Road (Road 44 west to Road 52);
W. Ainsworth Avenue (10th Avenue to Oregon Avenue);
N. Oregon Avenue (E. Ainsworth Street to SR -12);
Burden Boulevard (Road 36 to Road 60);
Road 36 (Argent Road to Burden Boulevard).
(Ord. 4024, 2011; Ord. 3928, 2009; Ord. 3868, 2008; Ord. 3730 Sec. 1, 2005; Ord. 3716
Sec. 1, 2005; Ord. 3630 Sec. 1, 2003; Ord. 3395 Sec. 1, 1999; Ord. 3292 Sec. 1, 1998;
Ord. 3217 Sec, 1, 1997; Ord. 2818 Sec. 3,1991; Ord. 2795 Sec. 3 (part), 1990.)
35 MPH
W. "A" Street (N. 20th Avenue to S. Wehe Avenue);
E. "A" Street (S. Wehe Avenue to S. Cedar Avenue);
E. Ainsworth Street (Oregon Avenue to Sacajawea Park Road);
Argent Road (Road 68 West to Road 84);
Broadmoor Boulevard (Bedford Street to N. City Limits);
W. Court Street (Road 36 to Road 48);
W. Lewis Street (N. 12th Avenue to N. 20th Avenue);
N. 4th Avenue (E. Court Street to SR -12);
N. 4th Avenue (SR -12 to north line Section 19);
S. 4th Avenue (W. "A" Street to W. Ainsworth Street);
W. Sylvester Street (N. 20th Avenue to Road 60);
Sandifur (Road 44 to Broadmoor Boulevard);
Commercial Avenue (Kartchner to Kahlotus Highway);
Industrial Way (Kartchner to Foster Wells Road);
Foster Wells Road (SR -395 to N. Oregon Avenue);
Sacajawea Park Road (SR -12 to E. Ainsworth Street);
Burden Boulevard (Road 60 to Road 76);
Road 100 (W. Court Street to Chelan Drive);
Road 60 (W. Sylvester Street to W. Court Street);
Road 68 (200 foot north of Valley View PI to Sandifur Pkwy).
Road 52 (Burden Blvd. to Sandifur Parkway);
Road 60 (Burden Blvd. to Sandifur Parkway);
Argent Road (From 20th Avenue to the east);
Madison Avenue (Road 44 to Burden Blvd.);
Road 44 (Argent to Madison Avenue);
Chapel Hill Blvd. (Road 68 to Churchill Downs Lane);
Chapel Hill Blvd. (FCID Canal right -of -way to Road 84).
(Ord. 4045, 2012; Ord. 4025, 2011; Ord. 4024, 2011; Ord. 3928, 2009; Ord. 3868, 2008;
Ord. 3730 Sec. 1, 2005; Ord. 3716 Sec. 1, 2005; Ord. 3630 Sec. 1, 2003; Ord. 3395 Sec.
1, 1999; Ord. 3293 Sec. 1, 1998; Ord. 3217 Sec. 1, 1997; Ord. 2818 Sec. 2 (part), 1991;
Ord. 2795 Sec. 4, 1990.)
30 MPH
S. 10th Avenue (W. Ainsworth Avenue to W. Sylvester Street);
N. 20th (W. "A" Street to airport terminal);
W. "A" Street (N. 20th Avenue to Road 28);
W. Clark Street (W. 5th Avenue to N. 18th Avenue);
W. Court Street (N. Ist Avenue west to Road 36);
W. Court Street (Road 100 to Hams Road);
E. Lewis Street (N. Beech Avenue to N. Cedar Avenue);
28th Avenue (W. "A" Street to W. Lewis Street);
W. Sylvester Street (N. 20th Avenue to N. 7th Avenue);
Road 34 (W. Sylvester Street to W. Court Street);
Road 84 (Chapel Hill Blvd. to Argent Road);
Clemente Lane (Burden Blvd. to Wrigley Drive);
Wrigley Drive (Road 76 to Clemente Drive).
(Ord. 3928, 2009; Ord. 3868, 2008; Ord. 3716 Sec. 1, 2005; Ord. 3630 Sec. 1, 2003; Ord.
3395 Sec. 1, 1999; Ord. 3293 Sec. 1, 1998; Ord. 3217 Sec. 1, 1997; Ord. 2891 Sec. 1,
1992; 2818 Secs. 1 -4, 1991; Ord. 2795 Sec. 5,1990; Ord. 2644, Sec. 1, 1987; Ord. 2536
Sec. 1, 1985; Ord. 2493 Sec. 1, 1984; Ord. 2486 Sec. 1, 1984; Ord. 2165 Sec. 1, 1980;
Ord. 1979 Sec. 1, 1978; Ord. 1793 Sec. 1, 1976; Ord. 1578 Sec. 1, 1973; Ord. 1475 Sec.
1, 1971; prior code Sec. 8- 14.12.)
Section 2. This Ordinance shall take effect five (5) days after passage and publication.
PASSED by the City Council of the City of Pasco, this 7th day of April, 2014.
Matt Watkins
Mayor
ATTEST:
Debra L. Clark
City Clerk
APPROVED AS TO FORM:
Leland B. Kerr
City Attorney
CITY OF PASCO
SUMMARY OF ORDINANCE NO.
ORDINANCE NO. is an ordinance amending Section 10.24.040 "Speed Limits in
Certain Zones" amending the speed zone at various locations throughout the City.
The full text of Ordinance No. is available free of charge and will be mailed
(electronically or via postal service) to any person who requests it from the City Clerk of the City
of Pasco (509) 545 -3402, PO Box 293, Pasco, WA 99301.
Debra L. Clark, City Clerk
AGENDA REPORT NO. 4
FOR: City Council (� � March 25, 2014
TO: Gary Crutchfiel J��Y ger
FROM: Ahmad Qayounf i, Public Works Director Workshop Mtg.: 03/31/2014
Regular Mtg.: 04/7/2014
SUBJECT: Traffic Signal Controller Replacement Master Plan
I. REFERENCE(S):
1. Draft Master Plan
(Council packets only; copy available in Public Works office, the Pasco Library
or on the city's website at www.pasco - wa.gov for public review)
H. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
3/31: Discussion
4/7: MOTION: I move to approve the Traffic Signal Controller Master Plan as
presented.
III. FISCAL IMPACT:
IV. HISTORY AND FACTS BRIEF:
A) In May of 2013, Council approved an agreement with Kittelson and Associates,
Inc. in the amount of $30,000 to conduct a Study to include inventory, review of
existing conditions and to identify options to improve the City's traffic signals.
Out of 50 signals, 41 are over 20 to 40 years old with controllers that are so
outdated they can seldom be repaired if broken. It also included development of
traffic signal communication system, recommendation on project priority and a
30% design of City -wide signal improvement.
B) During the past few months (especially during storms) a number of signals were
lost, resulting in complaints from citizens.
C) Kittelson and Associates has completed the Study and the 30% design that meets
the scoping of the professional services.
D) On March 10, 2014 Staff presented the findings of the study to Council. The only
concerned raised by Council was the provisions and recommendations for PTE
cameras. Council requested to update the Master Plan to include provisions to
address Council's concerns.
V. DISCUSSION:
A) Staff reevaluated the master plan language as requested by Council and is
proposing the following be added as part of the final master plan documentation
for Council's approval:
The Traffic Signal Master Plan includes a number of references to the possible
use of video surveillance cameras, with pan, tilt and zoom (PTZ) capabilities, to
allow the City to monitor traffic conditions, at specified intersections or
geographic areas, to provide remote traffic operations. While the City Council
recognizes that the proposed system architecture can accommodate the
installation of such video cameras in the future, the Council is declining to
authorize its use within the City in view of concerns for the protection of the
rights of the public to privacy. Staff is directed to seek specific City Council
approval prior to installation of video surveillance equipment with PTZ
capability.
4(j)