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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) --W ME uj kv 10 DAV Hitp - a S.-F 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) Community Garden LEWIS ST ` of molt .r ,wrl. N ►1 .li' ,aF.. .. h. IVNMNM low ro osed Commum p: Garden Location r x Y Y -" LL K I, I I - - AUT ON ST- r x W ! ! 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)