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HomeMy WebLinkAbout2014.11.24 Council Workshop PacketAGENDA PASCO CITY COUNCIL Workshop Meeting 7:00 p.m. November 24, 2014 1. CALL TO ORDER 2. ROLL CALL: (a) Pledge of Allegiance. 3. VERBAL REPORTS FROM COUNCILMEMBERS: 4. ITEMS FOR DISCUSSION: (a) Community Branding Presentation. (NO WRITTEN MATERIAL ON AGENDA) Presented by Carl Adrian, TRIDEC, Lori Mattson, Tri -City Regional Chamber of Commerce, and Kris Watkins, Visit TRI -CITIES. (b) Commercial Avenue Rename (MF #ORD2014-001) Renaming a Section of Commercial Avenue to Venture Road: 1. Agenda Report from Jeffrey Adams, Associate Planner dated November 18, 2014. 2. Commercial Avenue Rename - 1966 Aerial Map. 3. Commercial Avenue Rename - Vicinity Map. 4. Commercial Avenue Rename - Proposed Ordinance. (c) Franchise Agreement - Zayo Group, LLC: 1. Agenda Report from Mike Pawlak, City Engineer dated November 10, 2014. 2. Zayo Group - Proposed Ordinance. 3. Zayo Group - Proposed Franchise Agreement. 4. Zayo Group - Proposed Locations. 5. Zayo Group - Vicinity Map. (d) Code Amendment Highway Follow -Through Signs (MF #CA2012-011): I. Agenda Report from Shane O'Neill, Planner I dated November 19, 2014. 2. Highway Follow -Through Signs - Proposed Ordinance. 3. Highway Follow -Through Signs - Kiosk Sign Licensing Requirements. 4. Highway Follow -Through Signs - Memo to the Planning Commission dated 10/16/14. 5. Highway Follow -Through Signs - Planning Commission Minutes dated 10/16/14. (e) Update of Purchasing and Surplus Policies: 1. Agenda Report from Stan Strebel, Deputy City Manager dated November 18, 2014. 2. Purchasing and Surplus Policies - Proposed Ordinance. (f) City Council Districts: 1. Agenda Report from Stan Strebel, Deputy City Manager dated November 17, 2014. 2. City Council Districts - Map of Current Council Districts. 3. City Council Districts - Matrix, Population by Precinct/District, Current. 4. City Council Districts - District Option 1. 5. City Council Districts - District Option 2. 6. City Council Districts - District Option 4. 5. OTHER ITEMS FOR DISCUSSION: (a) (b) (c) 6. EXECUTIVE SESSION: (a) (b) (c) 7. ADJOURNMENT REMINDERS: 1. 4:00 p.m., Monday, November 24, Ben -Franklin Transit Office - Hanford Area Economic Investment Fund Committee Meeting. (COUNCILMEMBER AL YENNEY, Rep.; SAUL MARTINEZ, Alt.) 2. 7:30 a.m., Wednesday, November 26, 7130 W. Grandridge Blvd - Visit TRI -CITIES Board Meeting. (COUNCILMEMBER MIKE GARRISON, Rep.; TOM LARSEN, Alt.) AGENDA REPORT FOR: City Council November 18, 201 It TO: Dave Zabell, City Manager Workshop Mtg.: 11/24/14 Rick White, /J ( Regular Mtg. 12/01/14 Community & Economic Development Director l j� FROM: Jeffrey B. Adams, Associate Planner SUBJECT: COMMERCIAL AVENUE RENAME (MF# ORD 2014-001): Renaming a section of Commercial Avenue to Venture Road I. REFERENCE(S): 1. COMMERCIAL AVENUE RENAME -1966 Aerial Map 2. COMMERCIAL AVENUE RENAME - Vicinity Map 3. COMMERCIAL AVENUE RENAME - Proposed Ordinance II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 11/24: DISCUSSION 12/01: MOTION: I move to approve Ordinance No. Commercial Avenue to Venture publication by summary only. III. FISCAL IMPACT: NONE IV. V HISTORY AND FACTS BRIEF: renaming a section of Road, and further, to authorize A. Historically, East Lewis Street veered left (northeast) just past the current location of Heritage Boulevard and continued on in a relatively straight path toward Kablotus as the Pasco/Kahlotus Highway. B. With the construction of Highway US -12 the first 5,700 or so feet of the Pasco/Kahlotus Highway was abandoned and East Lewis Street became the main US -12 crossing point. The Pasco/Kahlotus Highway was diverted southward to connect with East Lewis Street. C. When the Heritage Road/US-12 overpass was built that southward diversion of the Pasco/Kahlotus Highway was abandoned as part of the Highway, being renamed by Franklin County as Commercial Avenue. At the same time North Commercial Avenue was re-routed to connect with the now orphaned section of Dietrich Road, creating further street name confusion. These street name issues present navigation and possible public safety problems with the City's emergency response crews. D. In order to address these issues Planning Staff held a neighborhood information meeting on Tuesday July 29, 2014 to receive input from property owners and other concerned citizens. Invitation letters were sent to each owner and an ad was placed in the Tri -City Herald. There was no public attendance or participation at the meeting. One owner telephoned but did not voice any concerns about the proposed street name changes. E. After the meeting two follow-up letters were sent informing the property owners of the recommendation being sent to City Council and notifying them of the Council workshop so they could attend if they wished to voice concerns. A. Staff is recommending the Council rename a section of Commercial Avenue to Venture Road, as depicted on the attached Vicinity Map. If Council concurs the proposed ordinance will be returned to Council for action on the December 1, 2014 Council Meeting J ORDINANCE NO. AN ORDINANCE CHANGING THE NAME OF A SECTION OF NORTH COMMERCIAL AVENUE TO VENTURE ROAD. WHEREAS, the identification of streets plays an important function in maintaining the safety and welfare of the public; and, WHEREAS, the street names are the principal means for the public to reference and locate properties in the city; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DOES ORDAIN AS FOLLOWS: Section 1. That a section of the former Pasco/Kahlotus Highway which was renamed by Franklin County as Commercial Avenue, beginning at a point northeast of US -12 and continuing north and connecting with the Pasco/Kahlotus Highway as depicted on Exhibit #1 be renamed Venture Road; Section 2. This ordinance shall be in full force and effect on March 15, 2015 as required by law. PASSED by the City Council of the City of Pasco, at its regular meeting of ,2014. Matt Watkins Mayor ATTEST: APPROVED AS TO FORM: Debra L. Clark Leland B. Kerr City Clerk City Attorney 1 AGENDA REPORT FOR: City Council TO:Dave Zabell, City Manager Ahmad Qayoumi, PE, Public Works Director FROM: Michael A. Pawlak, PE, City Engineer SUBJECT: Franchise Agreement — Zayo Group, LLC I. REFERENCE(S): 1. Zayo Group - Proposed Ordinance 2. Zayo Group - Proposed Franchise Agreement 3. Zayo Group - Proposed Locations 4. Zayo Group - Vicinity Map November 10, 2014 Workshop: 11/24/2014 Regular Mtg.: 12/01/2014 II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 11/24: Introduction and Discussion 12/01: CONDUCT PUBLIC HEARING MOTION: I move to adopt Ordinance No. granting a franchise to Zayo Group, LLC, and to authorize the City Manager to execute the franchise agreement and, further, to authorize publication of the Ordinance by summary only. III. FISCAL IMPACT: N/A IV. HISTORY AND FACTS BRIEF: A) Zayo Group, LLC is a telecommunications internet service provider with headquarters in Boulder, CO. The company offers wholesale and enterprise telecommunications services and bandwidth infrastructure services. Zayo Group intends to locate its facilities in conjunction with existing Franklin PUD and Century Link facilities, as well as some new underground conduit installation. B) Franchises are reviewed and granted pursuant to Title 15 of the Pasco Municipal Code. Prior to granting a franchise, the City Council must conduct a public hearing and thereafter make a decision on the franchise based on the following standards: 1. Whether the applicant has received all requisite licenses, certificates, and authorizations from the Federal Communications Commission, the Washington Utilities and Transportation Commission, and any other federal or state agency with jurisdiction over the activities proposed by the applicant; 2. The capacity of the public ways to accommodate the applicant's proposed facilities; 3. The capacity of the public ways to accommodate additional utility, cable, open video, and telecommunications facilities if the franchise is granted; 4. The damage or disruption, if any, of public or private facilities, improvements, service, travel or landscaping if the franchise is granted; 5. The public interest in minimizing the cost and disruption of construction within the public ways; 4(c) 6. The service that applicant will provide to the community and region; 7. The effect, if any, on public health, safety and welfare if the franchise is granted; 8. The availability of alternate routes and/or locations for the proposed facilities; 9. Applicable federal and state communications laws, regulations and policies; 10. Such other factors as may demonstrate that the grant to use the public ways will serve the community interest and; 11. Such other and further factors as may be deemed appropriate by the City. C) In accordance with RCW 35A.47.040, Council must approve a franchise at a regular meeting and can do so no sooner than five (5) days after its introduction for discussion and initial presentation before Council. Assuming Council agrees to grant the franchise, adoption of the attached proposed ordinance is recommended. A written determination is required for denial of a franchise. V. DISCUSSION: A) The franchise document grants authority and establishes essential parameters for the installation/operation of the franchisee's improvements within the city's rights-of-way, such as permitting, insurance, records, fees, etc. B) Staff has prepared the attached, proposed franchise agreement in compliance with Title 15 and applicable state and federal law. State law prohibits the City from imposing a franchise fee on utility providers other than cable television operations. Federal law prohibits the taxation of internet services. C) Individual permit applications for specific installations are required of franchisees. ORDINANCE NO. AN ORDINANCE granting a Franchise to Zayo Group, LLC for the location of fiber optic cable within the right-of-way of the City of Pasco. WHEREAS, an application has been received from Zayo Group, LLC, for the grant of a franchise for the location of fiber optic cable to provide wholesale and enterprise telecommunications services and bandwidth infrastructure services to be located within and under the right-of-way of the City of Pasco, as specially granted by a negotiated Franchise Agreement; and WHEREAS, the parties have negotiated a Franchise Agreement in compliance with Title 15 of the Pasco Municipal Code and governing telecommunication franchises; and WHEREAS, a public hearing on the grant of the franchise was conducted on the 1�` day of December, 2014; and WHEREAS, based upon the evidence received at the public hearing and the Staff Report, the City Council determines it to be in the best interest of the citizens of the City of Pasco; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Grant of Franchise. Pursuant to Chapter 35A.47.040 of the Revised Code of Washington, the City of Pasco grants to Zayo Group, LLC, a franchise for the location of fiber optic cable offering wholesale and enterprise telecommunication services and bandwidth infrastructure services to be located within the right-of-way of the City of Pasco as designated within the Application of Zayo Group, LLC, as Franchisee, according to the terms and conditions of the Franchise Agreement negotiated between Zayo Group, LLC, as Franchisee, and the City of Pasco, as Franchisor, a copy of which is attached hereto and incorporated hereinby this reference as Exhibit A. Section 2. Signature Authorized. The City Manager is hereby authorized and directed to execute that Franchise Agreement attached hereto as Exhibit A. Section 3. Effective Date. This Ordinance, and the Franchise Agreement authorized hereby, 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 1 st day of December, 2014. Matt Watkins, Mayor ATTEST: Debbie Clark, City Clerk APPROVED AS TO FORM: Leland B. Kerr, City Attorney FILED FOR RECORD AT REQUEST OF: City of Pasco, Washington WHEN RECORDED RETURN TO: City of Pasco, Washington 525 North 3rd Pasco WA 99301 FRANCHISE AGREEMENT THIS FRANCHISE AGREEMENT entered into this day of *2014, by and between the City of Pasco, Washington, a Washington Municipal Corporation (hereinafter referred to as "City", and Zayo Group, LLC, a Delaware Corporation (hereinafter referred to as "Franchisee'). WHEREAS, Section 35A.47.040 of the Revised Code of Washington authorizes the City to grant, permit, and regulate non-exclusive franchises for the use of public ways; and WHEREAS, Franchisee has applied to the City for a non-exclusive franchise to enter, occupy, and use public ways to construct, install, operate, maintain, and repair fiber optic facilities to offer and provide telecommunications service for hire, sale, or resale in the City of Pasco; and WHEREAS, a franchise is a legislatively approved master permit granting general permission to a service provider to enter, use, and occupy the public ways for the purpose of locating facilities subject to requirements that a franchisee must also obtain separate use permits from the City for use of each and every specific location in the public ways in which the franchisee intends to construct, install, operate, maintain, repair or remove identified facilities; and WHEREAS, a franchise does not include, and is not a substitute for any other permit, agreement, or other authorization required by the City, including without limitation, permits required in connection with construction activities in public ways which must be administratively approved by the City after review of specific plans; and WHEREAS, the City has conducted a public hearing on the 1" day of December, 2014, and reviewed the application based upon the standards set forth in Pasco Municipal Code Section 15.10.050 (A); and Franchise Agreement - Page 1 WHEREAS, the City approved this Franchise Agreement pursuant to RCW 35A.47.040 at the next regularly scheduled Council meeting following the public hearing pursuant to Ordinance No. ; and WHEREAS, the City finds that the franchise terms and conditions contained in this Agreement are in the public interest. NOW, THEREFORE, in consideration of the mutual covenants contained herein, and other valuable consideration, the Parties do agree as follows: 1. DEFINITIONS. For the purposes of this Agreement, all terms shall have the meaning as defined in PMC 15.10.020. Terms not specifically defined therein shall be given their ordinary meaning. 2. FRANCHISE. A. The City grants to Franchisee, subject to the terms and conditions of this Agreement and PMC Title 15, a non-exclusive franchise for providing wholesale and enterprise telecommunications (i.e., data transmission) services and bandwidth infrastructure services, not including voice, cable, video or other residential services; and to enter, occupy, and use public ways for constructing, installing, operating, maintaining, repairing, and removing wireline facilities necessary to provide telecommunications services. Franchisee shall construct, install, operate, maintain, repair, and remove its facilities at its expense. B. Any rights, privileges, and authority granted to Franchisee under this Franchise are subject to the legitimate rights of the police power of the City to adopt and enforce general ordinances necessary to protect the safety and welfare of the public, and nothing in this Franchise excuses Franchisee from its obligation to comply with all applicable general laws enacted by the City pursuant to such power. Any conflict between the terms or conditions of this Franchise and any other present or future exercise of the City's police powers will be resolved in favor of the exercise of the City s police power. C. Nothing in this Franchise excuses Franchisee of its obligation to identify its facilities and proposed facilities and their location or proposed location in the public ways and to obtain use and/or development authorization and permits from the City before entering, occupying, or using public ways to construct, install, operate, maintain, repair, or remove such facilities. Franchise Agreement - Page 2 D. Nothing in this Franchise excuses Franchisee of its obligation to comply with applicable codes, rules, regulations, and standards subject to verification by the City of such compliance. E. Nothing in this Franchise shall be construed to create a duty upon the City to be responsible for construction of facilities or to modify public ways to accommodate Franchisee's facilities. F. Nothing in this Franchise grants authority to Franchisee to provide or offer cable television service. G. Nothing in this Franchise shall be construed to create, expand, or extend any liability to the City or to any third party user of Franchisee's facilities or to otherwise recognize or create third party beneficiaries to this Franchise. 3. TERM. Authorization granted under this Franchise shall be for a period of ten (10) years from the effective date of this Franchise. The Franchise may be renewed as provided in PMC Chapter 15.20. This Agreement shall be effective five (5) days following the passage of an authorizing Ordinance and publication of this Franchise, or a summary thereof, occurs in a newspaper of general circulation in the City pursuant to RCW 35A.47.040, or upon execution by all parties hereto whichever occurs later. 4. LOCATION OF FACILITIES. Franchisee will locate its facilities as identified in the Route Design drawings, attached hereto and incorporated hereinby this reference as Exhibit A; and will locate its facilities consistent with the requirements of PMC Title 15. Prior to installation of any facilities, Franchisee shall obtain all required City permits. 5. COORDINATION OF CONSTRUCTION AND INSTALLATION ACTIVITIES AND OTHER WORK A. All construction or installation locations, activities and schedules shall be coordinated, asordered by the City, to minimize public inconvenience, disruption or damages. B. At least twenty four (24) hours prior to entering a public way to perform construction and installation activities or other work, Franchisee shall give notice, at its cost, to owners and occupiers of property adjacent to such public ways indicating the nature and location of the work to be performed. Such notice shall be physically posted by door hanger. Franchisee shall make a good faith effort to comply with the property owner or occupier's preferences, if any, on location or placement of underground facilities, consistent with sound engineering practices. Franchise Agreement - Page 3 6. HOLD HARMLESS AND ASSUMPTION OF RISK. A. Hold Harmless. (1) Franchisee hereby releases, covenants not to bring suit and agrees to indemnify, defend and hold harmless the City, its elected officials, officers, employees, servants, agents, and representatives against any and all claims, costs, damages, judgments, awards, or liability, of any kind whatsoever, to any person, including claims by Franchisee's own employees to which Franchisee might otherwise be immune under Title 51 RCW, arising from injury or death of any person or damage to property arising out of the acts or omissions of Franchisee, its officers, employees, servants, agents or representatives. (2) Franchisee further releases, covenants not to bring suit and agrees to indemnify, defend and hold harmless the City, its elected officials, officers, employees, servants, agents, and representatives from any and all claims, costs, damages, judgments, awards, or liability to any person, including claims by Franchisee's own employees, including those claims to which Franchisee might otherwise have immunity under Title 51 RCW, arising out of Franchisee's exercise of the rights, privileges, or authority granted by this Franchise which are made against the City, in whole or in part, due to the City's ownership or control of the public ways or other City property, by virtue of the City permitting the Franchisee's entry, occupancy or use of the public ways, or based upon the City's inspection or lack of inspection of work performed by Franchisee, its officers, employees, servants, agents or representatives. (3) These hold harmless covenants include, but are not limited to claims against the City arising as a result of the acts or omissions of Franchisee, its officers, employees, servants, agents or representatives in barricading, instituting trench safety systems or providing other adequate warnings of any excavation, construction, or work in any public way or other public place in performance of work or services permitted under this Franchise. (4) Franchisee further agrees to indemnify, hold harmless and defend the City, its elected officials, officers, employees, servants, agents, and representatives against any claims for damages, including, but not limited to, business interruption damages and lost profits, brought by or under users of the Franchisee's facilities as the result of any interruption of service due to damage or destruction of the user's facilities caused by or arising out of damage or destruction of Franchisee's facilities, except to the Franchise Agreement - Page 4 extent any such damage or destruction is caused by or arises from the active sole negligence of the City. (5) In the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of Franchisee and the City, Franchisee's liability hereunder shall be only to the extent of Franchisee's negligence. (6) It is further specifically and expressly understood that the hold harmless covenants provided herein constitutes the Franchisee's waiver of immunity under Title 51 RCW. This waiver has been mutually negotiated by the parties. (7) Inspection or acceptance by the City of any work performed by Franchisee at the time of completion of construction or installation shall not be grounds for avoidance of any of these hold harmless covenants. Said hold harmless obligations shall extend to claims which are not reduced to a suit and any claims which may be compromised prior to the culmination of any litigation or the institution of any litigation. (8) In the event that Franchisee refuses the tender of defense in any suit or any claim, said tender having been made pursuant to the hold harmless covenants contained herein, and said refusal is subsequently determined by a court having jurisdiction (or such other tribunal that the parties shall agree to decide the matter), to have been a wrongful refusal on the part of Franchisee, then Franchisee shall pay and be responsible for all of the City's costs for defense of the action, including all reasonable expert witness fees and reasonable attorneys' fees and the reasonable costs of the City, including reasonable attorneys' fees of recovering under this hold harmless clause. B. Assumption of Risk. (1) Franchisee assumes the risk of damage to its facilities located in the City's public ways from activities conducted by third parties or the City, its elected officials, officers, employees, servants, agents, or representatives. Franchisee releases and waives any and all claims against the City, its elected officials, officers, employees, servants, agents, and representatives for damage to or destruction of the Franchisee's facilities except to the extent any such damage or destruction is caused by or arises from active sole negligence of the City. Franchise Agreement - Page 5 (2) Franchisee bears sole responsibility to insure its property. Franchisee shall ensure that its insurance contracts waive subrogation claims against the City, its elected officials, officers, employees, servants, agents, and representatives, and Franchisee shall indemnify, defend and hold harmless the City, its elected officials, officers, employees, servants, agents, and representatives against any and all subrogation claims if it fails to do so. 7. INSURANCE. Franchisee shall obtain and maintain, at its cost, worker's compensation insurance and the following liability insurance policies insuring both Franchisee and the City, and its elected and appointed officers, officials, agents, employees, representatives, engineers, consultants, and volunteers as additional insureds against claims for injuries to persons or damages to property which may arise from or in connection with the exercise of the rights, privileges, and authority granted to Franchisee: A. Comprehensive general liability insurance, written on an occurrence basis, with limits not less than: (1) $5,000,000.00 for bodily injury or death to each person; (2) $5,000,000.00 for property damage resulting from any one accident; and (3) $5,000,000.00 for all other types of liability. B. Automobile liability for owned, non -owned .and hired vehicles with a limit of $1,000,000.00 per occurrence. C. The liability insurance policies required by this section shall be maintained by Franchisee throughout the term of this Franchise, such other periods of time during which Franchisee's facilities occupy public ways, and while Franchisee is engaged in the removal of its facilities. Franchisee shall provide an insurance certificate, together with an endorsement naming the City, and its elected and appointed officers, officials, agents, employees, representatives, engineers, consultants, and volunteers as additional insureds, to the City prior to the commencement of any construction or installation of any facilities pursuant to this Franchise or other work in a public way. Any deductibles or self-insured retentions must be declared to and approved by the City. Payment of deductibles and self-insured retentions shall be the sole responsibility of Franchisee. The insurance certificate required by this section shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. Franchisee's insurance shall be primary insurance with respect to the City, its officers, officials, employees, agents, consultants, and volunteers. Any insurance maintained by the City, its officers, officials, employees, consultants, agents, and Franchise Agreement - Page 6 volunteers shall be in excess of the Franchisee's insurance and shall not contribute with it. D. In addition to the coverage requirements set forth in this section, each such insurance policy shall contain an endorsement in a form which substantially complies with the following: "It is hereby understood and agreed that this policy may not be canceled nor the intention not to renew be stated until 10 days after receipt by the City, by registered mail, of a written notice addressed to the Pasco City Manager of intent to cancel or not to renew for reason of nonpayment of premium and until 30 days after receipt by the City, by registered mail, of a written notice addressed to the Pasco City Manager of intent to cancel or not to renew for reason for any other reason." E. At least ten (10) days prior to said cancellation or non -renewal, Franchisee shall obtain and furnish to the City replacement insurance policies meeting the requirements of this section. 8. SECURITY FUND. The fund described herein shall be considered an additional security and protection above, beyond and in addition to those rights and remedies already provided by other law including, but not limited to, PMC Title 15. Franchisee shall establish and maintain a security fund in the amount of twenty thousand dollars ($20,000), at its cost, with the City by depositing such monies, bonds, letters of credit, or other instruments in such form and amount acceptable to the City. No sums may be withdrawn from the fund by Franchisee without consent of the City. The security fund shall be maintained at the sole expense of Franchisee so long as any of the Franchisee's facilities occupy a public way. A. The fund shall serve as security for the full and complete performance of this Franchise, including any claims, costs, damages, judgments, awards, or liability, of any kind whatsoever, the City pays or incurs, including civil penalties, because of any failure attributable to Franchisee to comply with the provisions of this Franchise or the codes, ordinances, rules, regulations, standards, or permits of the City. B. Before any sums are withdrawn from the security fund, the City shall give written notice to Franchisee: (1) Describing the act, default or failure to be remedied, or the claims, costs, damages, judgments, awards, or liability which the City has incurred or may pay by reason of Franchisee's act or default; Franchise Agreement - Page 7 (2) Providing a reasonable opportunity for Franchisee to first remedy the existing or ongoing default or failure, if applicable; (3) Providing a reasonable opportunity for Franchisee to pay any monies due the City before the City withdraws the amount thereof from the security fund, if applicable; and (4) Franchisee will be given an opportunity to review the act, default or failure described in the notice with the City or his or her designee. C. Franchisee shall replenish the security fund within fourteen (14) days after written notice from the City that there is a deficiency in the amount of the fund. D. Insufficiency of the security fund shall not release or relieve Franchisee of any obligation or financial responsibility. 9. TAXES, CHARGES, AND FEES. A. Franchisee shall pay and be responsible for all charges and fees imposed to recover actual administrative expenses incurred by the City that are directly related to receiving and approving this Franchise, any use and/or development authorizations which may be required, or any permit which may be required, to inspect plans and construction, or to the preparation of a detailed statement pursuant to RCW Ch. 43.21C. Regular application and processing charges and fees imposed by the City shall be deemed to be attributable to actual administrative expenses incurred by the City but shall not excuse Franchisee from paying and being responsible for other actual administrative expenses incurred by the City. (1) Within fourteen (14) days of execution of this Franchise Agreement, Franchisee shall pay to the City reimbursement for actual administrative expenses incurred including, but not limited to, expenses for staff time, legal review and publication in the amount of $2,000.00. B. Franchisee shall pay and be responsible for taxes permitted by law. 10. VACATION OF PUBLIC WAYS. The City reserves the right to vacate any public way which is subject to rights, privileges, and authority granted by this Franchise. If Franchisee has facilities in such public way, the City shall reserve an easement for Franchisee. Franchise Agreement - Page 8 11. DUTY TO PROVIDE INFORMATION. Within ten (10) days of a written request from the City, Franchisee shall fiunish the City with all requested information sufficient to demonstrate: 12. A. That Franchisee has complied with all requirements of this Franchise; B. That taxes, fees, charges, or other costs owed or payable by Franchisee have been properly collected and paid; and A. Franchisee will manage all of its operations in accordance with a policy of keeping its documents and records open and accessible to the City. The City will have access to, and the right to inspect, any documents and records of Franchisee and its affiliates that are reasonably necessary for the enforcement of this Franchise or to verify Franchisee's compliance with terms or conditions of this Franchise. Franchisee will not deny the City access to any of Franchisee's records on the basis that Franchisee's documents or records are under the control of any affiliate or a third party. Franchisee will take all steps necessary to assist the City in complying with the Public Records Act, RCW Chapter 42.56, including providing the City with a written statement identifying how long it will take to produce records not immediately available, and for any records that are not disclosed in whole or in part, a written statement from Franchisee's legal counsel stating the authority upon which the documents are withheld. B. All documents and records maintained by Franchisee shall be made available for inspection by the City at reasonable times and intervals; provided, however, that nothing in this section shall be construed to require Franchisee to violate state or federal law regarding subscriber privacy, nor shall this section be construed to require Franchisee to disclose proprietary or confidential information without adequate safeguards for its confidential or proprietary nature. C. One copy of documents and records requested by the City will be furnished to the City at the cost of Franchisee. If the requested documents and records are too voluminous or for security reasons cannot be copied or removed, then Franchisee may request, in writing within ten (10) days of the City's request, that the City inspect them at Franchisee's local office. If any documents or records of Franchisee are not kept in a local office and/or are not made available in copies to the City, and if the City determines that an examination of such documents or records is necessary or appropriate for the enforcement of this Franchise, or to verify Franchisee's compliance with terms or conditions of this Franchise, then all reasonable travel and related costs incurred in making such examination shall be paid by Franchisee. Franchise Agreement - Page 9 13. NOTICES. A. Any regular notice or information required or permitted to be given to the parties under this Franchise may be sent to the following addresses unless otherwise specified: The City: City of Pasco Attn: Dave Zabell, City Manager 525 North 3rd Pasco WA 99301 Phone: (509) 545-3404 E -Mail Address: zabelld@pasco-wa.gov Franchisee: Zayo Group, LLC Attn: Dylan DeVito 1805 29th Street Boulder CO 80301 (303) 414-1721 E -Mail Address: dylan.devito@zayo.com B. Franchisee shall additionally provide a phone number and designated responsible officials to respond to emergencies. After being notified of an emergency, Franchisee shall cooperate with the City and make best efforts to immediately respond to minimize damage, protect the health and safety of the public and repair facilities to restore them to proper working order. 14. NON -WAIVER. The failure of the City to exercise any rights or remedies under this Franchise or to insist upon compliance with any terms or conditions of this Franchise shall not be a waiver of any such rights, remedies, terms or conditions of this Franchise by the City and shall not prevent the City from demanding compliance with such terms or conditions at any future time or pursuing its rights or remedies. 15. EMINENT DOMAIN. This Franchise is subject to the power of eminent domain and the right of the City Council to repeal, amend or modify the Franchise in the interest of the public. In any proceeding under eminent domain, the Franchise itself shall have no value. 16. DAMAGE TO FACILITIES. Unless directly and proximately caused by the active sole negligence of the City, the City shall not be liable for any damage to or loss of any facilities as a result of or in connection with any public works, public improvements, construction, excavation, grading, filling, or work of any kind on, in, under, over, across, or within a public way done by or on behalf of the City. Franchise Agreement -Page 10 17. GOVERNING LAW AND VENUE. This Franchise and use of the applicable public ways will be governed by the laws of the State of Washington, unless preempted by federal law. Franchisee agrees to be bound by the laws of the State of Washington, unless preempted by federal law, and subject to the jurisdiction of the courts of the State of Washington. Any action relating to this Franchise must be brought in the Superior Court of Washington for Franklin County, or in the case of a Federal action, the United States District Court for the Eastern District of Washington at Richland, Washington, unless an administrative agency has primary jurisdiction. Prior to initiating any litigation under this Agreement, the parties shall meet in a good faith effort to mutually resolve disputes. 18. SEVERABILITY. If any section, sentence, clause or phrase of this Franchise or its application to any person or entity should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality will not affect the validity or constitutionality of any other section, sentence, clause or phrase of this Franchise nor its application to any other person or entity. 19. MISCELLANEOUS. A. Equal Employment and Nondiscrimination. Throughout the term of this Franchise, Franchisee will fully comply with all equal employment and nondiscrimination provisions and requirements of federal, state, and local laws, and in particular, FCC rules and regulations relating thereto. B. Local Employment Efforts. Franchisee will use reasonable efforts to utilize qualified local contractors, including minority business enterprises and woman business enterprises, whenever the Franchisee employs contractors to perform work under this Franchise. C. Descriptive Headings. The headings and titles of the sections and subsections of this Franchise are for reference purposes only and do not affect the meaning or interpretation of the text herein. D. Costs and Attorneys' Fees. If any action or suit arises in connection with this Franchise, the substantially prevailing party will be entitled to recover all of its reasonable costs, including attorneys' fees, as well as costs and reasonable attorneys' fees on appeal, in addition to such other relief as the court may deem proper. E. No Joint Venture. Nothing herein will be deemed to create a joint venture or principal -agent relationship between the parties, and neither party is authorized to, nor shall either party act toward third persons or the public in any manner that would indicate any such relationship with the other. Franchise Agreement - Page 11 F. Mutual Negotiation. This Franchise was mutually negotiated by the Franchisee and the City and has been reviewed by the legal counsel for both parties. Neither parry will be deemed to be the drafter of this Franchise. G. Third -Party Beneficiaries. There are no third -parry beneficiaries to this Franchise. H. Actions of the City or Franchisee. In performing their respective obligations under this Franchise, the City and Franchisee will act in a reasonable, expeditious, and timely manner. Whenever this Franchise sets forth a time for any act to be performed by Franchisee, such time shall be deemed to be of the essence, and any failure of Franchisee to perform within the allotted time may be considered a material breach of this Franchise, and sufficient grounds for the City to invoke any relevant remedy. I. Entire Agreement. This Franchise represents the entire understanding and agreement between the parties with respect to the subject matter and supersedes all prior oral and written negotiations between the parties. Modification. The parties may alter, amend or modify the terms and conditions of this Franchise upon written agreement of both parties to such alteration, amendment or modification. Nothing in this subsection shall impair the City's exercise of authority reserved to it under this Franchise. K. Non -exclusivity. This Franchise does not confer any exclusive right, privilege, or authority to enter, occupy or use public ways for delivery of telecommunications services or any other purposes. This Franchise is granted upon the express condition that it will not in any manner prevent the City from granting other or further franchises in, on, across, over, along, under or through any public way. L. Rights Granted. This Franchise does not convey any right, title or interest in public ways, but shall be deemed only as authorization to enter, occupy, or use public ways for the limited purposes and term stated in this Franchise. Further, this Franchise shall not be construed as any warranty of title. M. Contractors and Subcontractors. Franchisee's contractors and subcontractors must be licensed and bonded in accordance with the City's ordinances, rules, and regulations. Work by contractors and subcontractors is subject to the same restrictions, limitations and conditions as if the work were performed by Franchisee. Franchise Agreement - Page 12 20. INCORPORATION BY REFERENCE. This Agreement, specifically by this reference, incorporates PMC Title 15. In the event of any dispute between the terms of this Agreement and the provisions of Title 15 as they now exist, the provisions of Title 15 shall control. 21. PUBLICATION. The City Clerk is authorized and directed to publish a summary hereof in accordance with Revised Code of Washington §§ 35A.13.200 and 35A.12.160. 22. EFFECTIVE DATE. This agreement shall take effect five (5) days following the passage of an authorizing ordinance and publication of this Franchise, or a summary thereof, occurs in a newspaper of general circulation in the City pursuant to RCW 35A.47.040, or upon execution by all parties hereto, whichever occurs later. DATED this day of 2014. CITY OF PASCO Dave Zabell, City Manager Attest: Debra Clark, City Clerk Approved as to Form: Leland B. Kerr, City Attorney Franchise Agreement - Page 13 ZAYO GROUP, LLC President STATE OF WASHINGTON ) :ss County of Franklin ) On this day personally appeared before me Dave Zabell, City Manager of the City of Pasco, to me known to be the individual described in and who executed the within and foregoing instrument, and acknowledged that he signed the same as his free and voluntary deed for the uses and purposes therein mentioned. SUBSCRIBED and sworn to before me this _ day of 2014. Notary Public in and for the State of Washington Residing at My Commission Expires STATE OF COLORADO :as County of On this day personally appeared before me , President of Zayo Group, LLC, to me known to be the individual described in and who executed the within and foregoing instrument, and acknowledged that he signed the same as his free and voluntary deed for the uses and purposes therein mentioned. and sworn to before me this _ day of 2014. 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REFERENCES 1. Code Amendment Highway Follow -Through Signs — Proposed Ordinance 2. Code Amendment Highway Follow -Through Signs — Kiosk Sign Licensing Requirements 3. Code Amendment Highway Follow -Through Signs — Memo to the Planning Commission dated 10/16/2014 4. Code Amendment Highway Follow -Through Signs — Planning Commission Minutes dated 10/16/2014 II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 11/24: DISCUSSION 12/1: MOTION: I moved to adopt Ordinance No. , an ordinance amending Title 17 providing for highway follow-through signs and, further, authorize publication by summary only. III. FISCAL IMPACT: NONE IV. HISTORY AND FACTS BRIEF: A. The Community & Economic Development Department received requests from private business owners to allow off-highway follow-through signs. These follow- through signs are a pre -requisite for some businesses to participate in the WSDOT on -highway logo program. B. The Washington State Department of Transportation (WSDOT) administers a type of on -highway business advertising program called the Motorist Information Sign Program whereby businesses meeting certain criteria collocate business logos on signs within the highway right-of-way. C. As a pre -requisite to participate in the WSDOT Motorist Information Sign Program, businesses which are not accessed directly from the city street stemming from the highway off -ramp must have a type of directional sign called a follow -though sign. Currently, this requirement conflicts with provisions of Title 17 prohibiting "off - premise" signs. The attached Ordinance proposes to resolve this conflict. D. Since November 2013, the Planning Commission has held a series of workshop meetings to discuss the matter of highway follow-through signs in the city. E. The Planning Commission held three public hearings in February, March and October of 2014. 4(d) V. DISCUSSION: A. During their workshops and subsequent hearings, the Planning Commission reviewed several sign locational options. Eventually it was decided that it would be appropriate to limit the signs to a 900 -foot radius of all freeway interchanges within the city. B. Notable aspects of the proposed code amendment include the following: - Applicable to all freeway interchanges within the City; - Limit of one sign structure in each direction of travel and within 900 feet of the off -ramp intersection; - Construction design to WSDOT standards; - Size limitations. C. Following considerable discussion on the matter the Planning Commission recommended the proposed Ordinance be approved by Council. ORDINANCE NO. AN ORDINANCE of the City of Pasco, Washington, Amending Title 17 "Sign Code" Providing for Highway Follow -Through Signs. WHEREAS, signs are presently regulated by Title 17 of the Pasco Municipal Code; and WHEREAS, the Washington State Department of Transportation (WSDOT) regulates traveler and tourist services signage on Interstate 182, State Route 395, State Route 397 and U.S. Highway 12; and WHEREAS, WSDOT requires follow-through signs to guide travelers from highways to the location of the traveler and tourist services within the City; and WHEREAS, Title 17 of the Pasco Municipal Code contains provision to authorize off - premise direction sign kiosks for traveler and tourist services; and WHEREAS, it is in the public interest to provide services to travelers and to promote economic development within the city and to insure that qualified traveler and tourist services within the city are eligible to have signage on Interstate 182, Highway 395, Highway 397 and U.S. Highway 12, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. That Chapter 17.03 entitled "Definitions" of the Pasco Municipal Code, shall be and hereby is amended and shall read as follow: 57.01) SIGN — FOLLOW-THROUGH means a sign which identifies the location of a business for the pumose of participating in the Washington State Department of Transportation Motorist Information Sign Program. Section 2. That Chapter 17.13 entitled "Off -Premise Signs" of the Pasco Municipal Code, shall be and hereby is amended and shall read as follow: 17.13.090 HIGHWAY FOLLOW-THROUGH SIGNS A) Location: To be determined by the City Engineer. Highway follow-through signs may be placed within the City right-of-way no further than 900 linear feet from the associated highway interchange as measured from the driving surface intersection of the State highway off - ramp and the City right-of-way. B) Number: A single follow-through sign structure shall be permitted for each direction of roadway travel. A maximum of two follow-through signs per freeway interchange shall be permitted. Ordinance Amending Title 17 - 1 C) Size: Follow-through sign plates shall not exceed one hundred twenty (120) square feet in area and shall not exceed an overall sign structure height of eight (8) feet Follow- through signs plates shall not exceed a dimensional standard of ten (10) feet wide and twelve (12) feet tall. D) Duration: Follow-through signs may be removed by the City if the sign is observed to be in a state of disrepair or becomes unsightly as determined by the Community & Economic Development Director. A follow-through sign structure may be removed if the sign structure lacks advertisements for any business with an active city of Pasco business license Individual business signs shall be removed from the follow-through sign within six months of business license expiration. E) Permitting: Follow-through signs may be permitted in commercial and industrial zones of the City through the building permit process in accordance with the standards listed herein. F) Materials: Follow-through signs shall be constructed of materials specified in Chanter 9-28 of the Washington State Department of Transportation Standard Specifications for Roads, Bridges and Municipal Construction (current edition). Generally, sign materials consist of a single sheet of aluminum sign plate with blue or brown reflective backing supported by a single metal sign pole. G) Content: Follow-through sign advertisements shall be limited to business logos identical to those used on the associated on -highway WSDOT motorist information sign and as regulated by the WSDOT Motorist Information Sign Program. H) Maintenance: The responsibility of follow-through sign maintenance shall be borne by those businesses advertising on the sign. 1) Licensing: Follow-through signs are subject to the licensing requirements set forth under Section 17.13.070. Section 6. 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: Debbie Clark, City Clerk Ordinance Amending Tide 17 - 2 Leland B. Kerr, City Attorney Reference #2 Title 17 - Signs Kiosk Sign Licensing Requirements 17.13.070 KIOSK LICENSES. All off -premise sign kiosks not erected by the City must be covered by a license prior to permitting. All licenses shall be approved by the City Council. At a minimum a licensee shall contain terms and conditions that will permit the location and construction of an off -premise sign kiosk. All licenses shall be prepared by the City Attorney and shall bind the licensee to strict construction, design, maintenance, and sign message conditions. Licenses shall be non-exclusive and will give the City the right to authorize or reject the placement of individual sign plates based upon their form, proportion, scale, color, materials, surface treatment, overall sign size, and the size and style of the lettering, without restriction by content. The licensee shall have an obligation to include sign plates of competing businesses or developments if said sign plates are approved by the City. Reference # 3 MEMORANDUM DATE: October 16, 2014 TO: Planning Commission FROM: Shane O Neill, Planner I SUBJECT: Highway Follow -Through Sign Code Amendment (MF# CA 2012-011) Many U.S. motorists with experience driving on our domestic freeways, highways and interstates are familiar with the Department of Transportation standardized on -highway business advertising sign program. These business advertising signs are a cluster of 3 square foot business logo signs placed on a single (usually blue) backing and include the associated exit number or distance measurement to the business. These signs are called General Motorist Service Signs; and are generally located well before the freeway exit where the business is located. The Washington State Department of Transportation (WSDOT) Traffic Manual contains a section on General Motorist Service Signs which requires off-highway follow-through signage when services are not readily visible from an interchange and when a business participating in the WSDOT on -highway sign program does not have direct access to the roadway immediately extending from an off -ramp. Follow-through signing provides motorists (after being directed off the state highway) with confirmation to destinations. Currently, the fore mentioned requirement for follow-through signs conflicts with parts of Pasco's Sign Code (Title 17) which prohibit off -premise signs. An off - premise sign is defined as a sign that carries a message of any kind or directs attention to a business, commodity, service, or entertainment conducted, sold, or offered elsewhere than upon the premises where such sign is located, or to which it is affixed. Because of this conflict staff is proposing to amend PMC Title 17 to permit follow-through signs as required for participation in the WSDOT on - highway sign program. In developing specific Code language Planning staff has coordinated with Engineering Department staff to ensure the proposal will function well and meets both department's needs. The proposed code amendment is attached. A majority of the newly proposed sign code language is contained on page nine. Highlights include: - Applicable to all freeway interchanges within the City; - Limit of one sign structure in each direction and within 900 feet of the off - ramp intersection; - Construction design to WSDOT standards. - Size limitations and allowable increases via special permit Reference # 3 Since the March 2014 Planning Commission public hearing staff has inserted additional language that would modify the proposed code amendment to include all interchanges within the city. The attached ordinance intends to eliminate any selective advantage to a given interchange or nearby property. The key to the follow-through signage is the ability to be a qualifying service (food, gas, lodging, recreational services, etc.) and be able to get the initial freeway WSDOT approved signage. With that understanding - staff respectively requests the Commission discuss the appropriateness of the proposed amendment on a city-wide basis. Reference #4 Planning Commission Minutes October 16, 2014 H. Code Amendment Revisions to PMC Title 17 (Signs) dealing with Highway Follow -Through Signs (MF# CA 2011-0111 Chairman Cruz read the master file number and asked for comments from staff. Rick White, Community & Economic Development Director, discussed the code amendment for revisions to PMC Title 17 (Signs) dealing with highway follow- through signs. The Commission has seen this item several times. After meeting with the Department of Transportation, the Engineering Department and working out code language, a proposed ordinance that uses existing language in the sign code, will allow for highway follow-through signs with the same parameters that the Commission has given approval at previous workshops on this issue. It captures all of the permitting requirements necessary for the State Code. With no further comments the public hearing closed. AGENDA REPORT FOR: City Council TO: Dave Zabell, City Manager FROM: Stan Strebel, Deputy City MCCCan///ager�n SUBJECT: Purchasing and Surplus Policies I. REFERENCE(S): 1. Purchasing and Surplus Policies — Proposed Ordinance November 18, 2014 Workshop Mtg.: 11/24/14 Regular Mtg.: 12/1/14 II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 11/24: Discussion 12/1: MOTION: I move to adopt Ordinance No. , adding a new Chapter 3.85 to the Pasco Municipal Code regarding purchasing and revising PMC Section 2.46.080 regarding the authority to sell personal property and, farther, to authorize publication by summary only. III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: A) The City has a fairly complete set of purchasing polices regarding public works projects contained in PMC Chapter 14.11. Purchases in this category fall under specific guidelines pursuant to state law. B) The City lacks a comprehensive policy for non-public works purchases. Staff proposes the creation of a new PMC Chapter 3.85 as the logical place for such policies. The proposed ordinance outlines procedures for administering purchases of less than $35,000; for purchases of between $35,000 and $100,000 and for purchases of services. The authority of the City Manager to make purchases in amounts of up to $35,000 for services or up to $100,000 for products is limited by budget authority as described in the ordinance. C) The draft ordinance also includes a proposed revision to the limit of the value of surplus property that staff can sell without Council authorization, raising the amount from $500 to $10,000. The new limit is suggested as a means to provide staff greater flexibility in the disposal of surplus items in order to secure greater return available through emerging methods of disposal. V. DISCUSSION: A) Staff recommends Council approval of the attached ordinance. 4(e) ORDINANCE NO. AN ORDINANCE of the City of Pasco, Washington, establishing a new Chapter 3.85 "Purchasing" of the Pasco Municipal Code, repealing Section 14.11.020 "Purchase of materials, supplies or equipment not connected to a public works project under thirty-five thousand dollars ($35,000.00)" and amending Section 2.46.080 "Authority to Sell Personal Property." WHEREAS, the Washington State law (RCW 39.04.190) authorizes the City Council to establish purchasing procedures and authorization for materials, supplies or equipment not connected to a public works project; and WHEREAS, in order to provide clearer direction to City staff for the authority and procedures for purchases of materials, supplies or equipment for the establishment of a vendor list for purchases in excess of $35,000; and WHEREAS, PMC 14.11.020, addressing the purchase and procedure for non-public work projects is more appropriate for inclusion within the new Chapter 3.85 "Purchasing" and should be repealed to provide for such consistency; and WHEREAS, the City Council deems it advisable to amend Section 2.46.080 regarding the limits for administrative decision on the disposal of surplus personal property, NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DOES ORDAIN AS FOLLOWS: Section 1. That a new Chapter 3.85 entitled "Purchasing" of the Pasco Municipal Code shall be and hereby is adopted and shall read as follows: Chanter 3.85 PURCHASING Sections: 3.85.010 Purchase of Materials, Supplies or Equipment in an Amount of $35,000 or Less, Not Connected to a Public Works Project. 3.85.020 Purchase of Materials, Supplies or Equipment in an Amount Between $35,000 and $50,000, Not Connected to a Public Works Project. 3.85.030 Purchase of Services. 3.85.010 PURCHASE OF MATERIALS, SUPPLIES OR EQUIPMENT IN AN AMOUNT OF LESS THAN $35,000, NOT CONNECTED TO A PUBLIC WORKS PROJECT. The City Manager is authorized to make purchases of any materials, supplies or equipment, not connected to a public works project as authorized in the City's annual budget with sufficient funds available, where the cost will be less than $35,000 for such items, using such procedures as will best assure the lowest practical price for such items. 3.85.020 PURCHASE OF MATERIALS, SUPPLIES OR EQUIPMENT IN AN AMOUNT BETWEEN $35,000 AND $100,000, NOT CONNECTED TO A PUBLIC WORKS PROJECT. For the purchase of any materials, supplies or equipment in an amount between $35,000 and $100,000, not connected to a public works project, which purchase is included in the City's current annual budget and sufficient funds available, in lieu of informal or formal sealed bidding procedures, the City may use the following process: A) Publication of Notice. At least twice a year, the City shall cause to be published, in the City's official newspaper, notice of the existence of roster(s) of vendors for materials, supplies and equipment, and shall solicit names of vendors for the roster. The City may contract with Municipal Research and Services Center of Washington (MRSC rosters) to publish such notices on the City's behalf. B) Electronic Rosters. In addition to paper and/or electronic vendor lists kept on file in the appropriate City department, the City may also use the statewide electronic database as developed and maintained for that purpose, including that database maintained jointly by the Daily Journal of Commerce and the Municipal Research and Services Center of Washington (MRSC rosters). C) Telephone Quotations. The City shall use the following process to obtain telephone quotations from vendors for the purchase of materials, supplies, or equipment: 1) A written description shall be drafted of the specific materials, supplies, or equipment to be purchased, including the number, quantity, quality, and type desired, the proposed delivery date, and any other significant terms of purchase; 2) The responsible City staff member shall make a good faith effort to contact at least three of the vendors on the roster to obtain telephone solicitation quotations from the vendors for the required materials, supplies, or equipment; 3) The responsible City staff member shall not share telephone quotations from any vendor with other vendors solicited for the bid on the materials, supplies, or equipment; a. A written record shall be made by the City representative of each vendor's bid on the materials, supplies, or equipment, and of any conditions imposed on the bid by such vendor. D) Determining the Lowest Responsible Bidder. The City Manager shall purchase the materials, supplies or equipment from the lowest responsible bidder; provided that whenever there is a reason to believe that the lowest acceptable bid is not the best price obtainable, all bids may be rejected and the City may call for new bids. In addition to the price, the City may consider the following factors in determining the lowest responsible bidder: 1) The integrity, reputation, experience, ability and capacity of the bidder; 2) The quality of the articles to be supplied by the bidder; 3) Preference to Washington products and vendors as permitted by law; 4) Conformity with City standards and compatibility with existing facilities; 5) The quality and efficiency of performance of previous contracts; 6) Timing and availability of delivery; and 7) Such other information that may assist in the decision to award the contract. Chapter 3.85 "Purchasing" Page 2 E) Award. The responsible City staff member shall submit to the City Manager all telephone quotations and recommendations for award of the contract to the lowest responsible bidder. The City Manager shall review the quotation and recommendations by City staff and award the contract to the lowest responsible bidder. A written record of each vendor's quotations shall be made open to public inspection or telephone inquiry after the award of the contract. Any contract awarded under this subsection need not be advertised. 3.85.030 PURCHASE OF SERVICES A) Architectural, engineering, surveying or landscape architectural services shall be procured under the provisions of PMC 2.56. B) The procurement of other professional services, excluding those listed in sub section (A) shall be at the discretion of the City Manager and may or may not require advertising and a forward selection process, depending on the type and availability of such services. C) The City Manager is authorized to procure services for purposes as authorized in the City's annual budget with sufficient funds available, when the cost will be less than $35,000 for such services, using such procedures as required in this section, as applicable, or as will best assure the lowest practical price for such services. Section 2. That Chapter 14.11.020 entitled "Purchase of materials, supplies or equipment not connected to a public works project under thirty-five thousand dollars ($35,000.00)" of the Pasco Municipal Code shall be and hereby is repealed. Section 3. That Section 2.46.080 is hereby amended to read as follows: 2.46.080 AUTHORITY TO SELL PERSONAL PROPERTY. The supplies, materials, and equipment not needed for public use may be disposed of by the City pursuant to this section. A) Personal property with an estimated value, per item, of less than $30010,000 may be declared surplus by the City Manager and disposed of in a manner determined by the Manager to be most advantageous to the City, pursuant to Section 2.46.090. B) Personal property valued in excess of $30010,000, per item, may be declared surplus and disposed of with authorization from the City Council, including minimum sale price, if any, and the manner of disposal. D) Personal property may be traded as consideration in the acquisition of replacement personal property when such replacement property is included as an authorized expenditure in the City's current operating budget. Chapter 3.85 "Purchasing" Page 3 E) Salvage/junk metals that have accumulated for purposes of sale as scrap metals may be disposed of by the Department Head having responsibility for such materials, in which case the metals shall be sold to the local dealer(s) offering the best current market price per measured weight or volume determined by telephone surveyor other reasonable means. (Ord. 3820, 2007; Ord. 2787 Sec. 1, 1990; Prior code Sec. 2-11.04) Section 4. Severability. If any term, condition, or provision of this Chapter shall, to any extent, be held to be invalid or unenforceable by a valid order of any court or regulatory agency, the remainder hereof shall be valid in all other respects and continue to be effective. In the event of a subsequent change in applicable law so that the provision which had been held invalid is no longer invalid, said provision shall thereupon return to full force and effect without further action by the City and shall thereafter be binding on the franchisee and the City. Section 5. This Ordinance shall be in full force and effect five days after passage and publication as required by law. PASSED by the City Council of the City of Pasco, at its regular meeting of .2014. Matt Watkins, Mayor ATTEST: APPROVED AS TO FORM: Debra Clark, City Clerk Leland B. Kerr, City Attorney Chapter 3.85 "Purchasing" Page 4 AGENDA REPORT FOR: City Council //�� TO: Dave Zabell, City ManagerlN K FROM: Stan Strebel, Deputy City MYa ager w SUBJECT: City Council Districts I. REFERENCE(S): November 17, 2014 Workshop Mtg.: 11/24/14 1. City Council Districts - Map of Current Council Districts 2. City Council Districts - Matrix, Population by precinct/District, Current 3. City Council Districts - District Option 1 4. City Council Districts - District Option 2 5. City Council Districts - District Option 4 II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 11/24: Discussion III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: A) PMC Chapter 1.10 provides that five of the seven City Council positions be filled by citizens residing in the respective district. The ordinance was established in 1971 in an effort to assure geographic representation and, in particular, to assure an opportunity for ethnic representation on the City Council. As a precaution (to assure "equal representation" as required undo the Constitution), the ordinance further requires that no district may be more 'than 10% greater or smaller than another district ("10%" rule). Section 1.10.010 of the PMC reads: "The City is divided into five voting districts. Each district shall be a nearly equal in population as possible; compact as possible; consist of geographically contiguous area; be configured as to not favor or disfavor any racial group or political party; and to the extent feasible, coincide with ;the existing recognized natural boundaries so as to preserve existing communities of related and mutual interest." B) Given ordinary community growth rates, the City Council districts were revised once every 10 years, following the decennial federal census. With the rapid growth of Pasco over the past decade and a h*, however, the district boundaries have required adjustment every two years in order to comply with the "10% rule." With the last effort (2013) Council briefly considered the possibility of going to a three -district system, with two Councilmembe}s elected from each district (with the remaining member elected at -large) as a means of maintaining geographic representation on the Council but providing groater flexibility in defining district boundaries as the 10% variation would be based on larger numbers. C) Prior to adjusting district boundaries in 2011, staff worked with the county auditor to reduce the size of precincts, particularly in the older part of the city. As a result, about a dozen precincts were split in two, both in the older area and the plateau (to accommodate anticipated growth).: Those changes helped to provide more flexibility, but there is still a significant disparity between population (the City's required measurement) and registered voters (the County's basis for setting precincts) in many precincts which results in significant challenges to setting district boundaries. 4(f) D) Earlier this fall, staff did have success in secuXing from the County Auditor an agreement to work with the City in "splitting"!a limited number of precincts, if needed to develop reasonable and fair Council district boundaries. E) Another factor that Council will need to consider is the recent lawsuit filed by the ACLU against the City of Yakima, wherein it was determined by the Court that Yakima's five -district system resulted in diminishing the voting rights of Yakima's sizeable Latino community. The final resolution of the case is still unknown. F) The current population estimates, by district (and based on state OFM population estimates), reflect a disparity greater than 10% Thus, action is required by the City Council to revise the Council district boundaries in advance of the 2015 municipal election (filing period is the week of May 11). Revisions should be completed by March (at latest), so as to provide sufficient notice to the community in advance of the election filing period. Any revision must be preceded by a public hearing. V. DISCUSSION: A) Clearly, the continuing population growth requires Council action to adjust the district boundaries to reflect the spirit and letter of state and local law. Staff has developed three options to begin the dialogue qn district boundary revisions. As Council previously discussed, but did not favor a change from the five -district plan, only options on the five -districts are attached hereto. As has been the case in the past. Council will clearly see that districts can be drawn more logically and compactly if residency is not a consideration (Council should keep in mind that while a change in district lines can effect the ability of an incumbent to run for re- election, such a change cannot effect an incumbent during his/her elected tern of office). For reference, terns for incumbents are; as follows: Expiring 12/31/15 Expiring 12/31/17 Yenney, District No. 1 Garrison, District No. 2 Francik, District No. 5 Hoffmann, District No. 3 Watkins, At Large, Position 6 Martinez, District No. 4 Larsen, At Large, Position 7 B) While there appear to be some questions as to whether it is allowed under current state law, the concept of having only voters within a district vote for district candidates in the general election has been advanced by plaintiffs in the Yakima lawsuit. Again, the final outcome of the case i� unknown; however, Council may want to be aware of possible requirements that'may come as a result of the case, filed under the federal voting rights law. C) No decision of Council is required at this time. i The information presented herein is to initiate discussion on the direction that the City will take. Staff will monitor the Yakima case as well as consider other open issues before coming back to Council after January 1, 2015. D) As the election filing period begins May 11, 2415 and a public hearing(s) should be conducted before Council takes final action on any plan, staff suggests that such public hearing(s) scheduled in February would permit final action in early March, thereby providing about 60 days lead time prior to the filing deadline. O 0 O 0 0 0 N HE I 0 0 0 O HE I Im 4-.1w i O m 0 N O O u U, L N o N m m C r N M C In N N N N CL o 0 0 o v m 13 ri J a HE I jai 4-.1w i 8 Mir mI m 0 N O O u U, L N o N m m C r N M C In N N N N CL o 0 0 o v m 13 ri J a Council District Options 2013 City of Pasco Current Council Districts 2014 Precinct Population Current 2014 1 2 3 4 5 001 5,170 1 5,170 002 3,570 1 3,570 003 1,788 1 1,788 004 2,177 1 2,177 005 1,733 3 1,733 006 1 1,429 3 1,429 007 2,046 3 2,046 008 410 3 410 009 1,338 3 1,338 010 1,125 2 1,126 011 1,147 2 1,147 012 1,275 2 1,275 013 1,241 1 1,241 014 1,118 2 1,118 015 1 1,237 2 1,237 016 1,525 2 1,525 017 1,930 2 1,930 018 1,139 2 1,139 019 1,018 5 1,018 020 396 2 396 021 121 2 121 022 1,018 3 1,018 023 1,063 3 1,063 024 411 3 411 025 270 3 270 026 438 5 438 027 456 2 456 028 253 2 253 029 275 2 275 030 238 2 238 031 140 2 140 032 2,052 3 2,052 033 598 3 598 034 541 4 541 035 599 3 599 036 896 5 896 037 2,035 4 2,035 038 888 3 888 039 1,094 4 1,094 040 1,808 5 1,808 041 402 5 402 042 1,027 4 1 1,027 043 973 4 973 044 965 4 965 045 2,513 4 2,513 046 1,592 4 1,592 047 100 5 100 048 596 5 596 049 618 5 618 050 j 1,302 4 1,302 051 1,188 4 1,188 052 1,174 51,174 053 1,269 5 1,269 054 798 5 7g$ 055 1,041 4 1,041 056 1,074 5 1,074 057 677 5 677 058 1 73 5 73 059 718 5 718 060 062 063 101 184 890 585 3 5 5 5 1 3 _ 184 890 585 Grand Total 67,770 Totals 13,948 12,376 13,856 14,272 13,318 13,554 12,876 14,232 394 (1,178) 302 718(23611 Ideal Lo Hi Minimum (678)1 678 12,376 Le al Max 1 13,613 Actual Max I14,272 Difference 659 Printed 11/18/2014 Council District Options 2014 2014-10-31 Page 1 of 1 at 10:17 AM We I1. «� _II m 0 0 N N N O O O N O M M M O O O 0 a 0 v�+r ap SI O O g r 0 04 cn a � b N O O p O N (b N 0 O J v1 C14 co Nr Lo O N N co N Na. _ N N J Q wo�li N O N N •� YYO♦ v✓ O i�+ CL 0 0 O O 6 C' W O W O v�+r ap SI O O g r 0 04 cn a � b N O O p O N (b N 0 O J v1 C14 co Nr Lo O N N co N Na. _ N N J Q 0 0 O 0 M v oM o Mo 0 0 0 0 O O b N M 0 v �n 0 0 0 M v oM o Mo 0 0 0 0 a� 0 �n v 0 � b O y� O O � O � N o N (0 m J �1 N ch V LO O U AA N CL Q 0 a) J wo iVG w O 0 U � $ a� 0 �n v 0 � b O y� O O � O � N o N (0 m J �1 N ch V LO O U AA N CL Q 0 a) J ■ 2 �a k cq m IT LO ° 7 } \ \ { \ \ k \ a. 6 a a a a ± - � , $ k 5 S o § ) a a J 2 �a k cq m IT LO ° 7 } \ \ { \ \ k \ a. 6 a a a a ± - �