HomeMy WebLinkAbout2015.07.13 Council Workshop PacketPage
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AGENDA
PASCO CITY COUNCIL
Workshop Meeting 7:00 p.m. July 13, 2015
1. CALL TO ORDER
2. ROLL CALL:
(a) Pledge of Allegiance.
3. VERBAL REPORTS FROM COUNCILMEMBERS:
4. ITEMS FOR DISCUSSION:
(a) Legislative Session Recap Presentation
Presented by Briahna Taylor, Vice President, and Alex Soldano, Consultant,
Gordon Thomas Honeywell
(b) Legislative Consultant Agreement
(c) Customer Service and Utility Billing Presentation
Presented by Stephanie Brock, Customer Service Supervisor
(d) Downtown Revitalization Presentation
Presented by Paul Fuesel, Principal and Holly Williams, Senior Urban
Designer, KPG
(e) Emergency Aircraft Landing (MF# CA 2015-007)
5. MISCELLANEOUS COUNCIL DISCUSSION:
(a) Pasco Municipal Code, Title 6
6. EXECUTIVE SESSION:
7. ADJOURNMENT.
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Workshop Meeting
REMINDERS:
July 13, 2015
11:45 a.m., Monday, July 13, Pasco Red Lion — Pasco Chamber of Commerce
Membership Luncheon. (Meet the Pasco City Council Candidates)
6:00 p.m., Monday, July 13, Conference Room #1 — Old Fire Pension Board Meeting.
(COUNCILMEMBER REBECCA FRANCIK, Rep.; SAUL MARTINEZ, Alt.)
3:30 p.m., Thursday, July 16, FCEM Office — Franklin County Emergency Management
Board Meeting. (MAYOR MATT WATKINS, Rep.; COUNCILMEMBER TOM
LARSEN, Alt.)
11:30 a.m., Friday, July 17 — Benton -Franklin Council of Governments Board Meeting.
(COUNCILMEMBER AL YENNEY, Rep.; REBECCA FRANCIK, Alt.)
This meeting is broadcast live on PSC -TV Channel 191 on Charter Cable and
streamed at www.pasco-wa.gov/psetvlive.
Audio equipment available for the hearing impaired; contact the Clerk for assistance.
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AGENDA REPORT
FOR: City Council
July 6, 2015
TO: Dave Zabell, City Manager Workshop Meeting: 7/13/15
FROM: Stan Strebel, Deputy City Manager
SUBJECT: Legislative Consultant Agreement with Gordon Thomas Honeywell
I. REFERENCE(S):
Legislative Consultant Agreement
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
Discussion
III. FISCAL IMPACT:
Not to exceed $43,000
IV. HISTORY AND FACTS BRIEF:
The City has employed the services of a legislative consultant for each of the past ten
years. In doing so, the City has realized the following accomplishments that would
likely have not happened if not for the particular services of the consultant's work:
$5.2 million legislative appropriation for construction of the Ainsworth Overpass
Project;
$400,000 legislative appropriation for construction of the Court Street Pedestrian
Overpass of SR395;
$3 million legislative appropriation for Lewis Street Overpass Project;
Amendment of the ambulance utility statute.
In the recently -completed 2015 Legislative (and Special) Session, the City was
awarded $26 million in (2019-2021) funding for the Lewis Street Overpass and $2.625
million for the Kahlotus Lift Station projects.
It is proposed to continue to contract with Gordon Thomas Honeywell (GTH) on an
ongoing basis, unless either party gives 60 days prior notice of termination for the
ensuing year. Total compensation is unchanged from the prior agreement which is
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$3,333.00/month ($40,000/year). The proposed agreement provides for payments of
$1,666.50/month during the "slow" season (May -October) and $5,000/month during
the "busy" legislative season (November -April) resulting in essentially the same
compensation. Expenses are limited to $3,000 annually, the same as previous
agreements with GTH. While the consultant will perform the general legislative duties
listed, the greatest value will be the consultant's effort to obtain additional state funding
assistance for the Lewis Street overpass, a priority project of the City which is simply
too costly for the City to construct on its own, as well as other priority capital and/or
transportation projects.
V. DISCUSSION:
The value of an effective legislative consultant is clear when measured by the success
the City has realized over the past several years. Continuing such a relationship is
imperative if the City desires to continue to seek assistance via the state legislature
(whether by appropriation or statutory language).
GTH accomplished no small feat in the 2009 session by helping obtain the legislative
appropriation of $3,000,000 for the Lewis Street Overpass. In addition, GTH was
instrumental in guiding the Regional PFD legislation through the 2010 legislature and
the ambulance utility statute amendment in 2011. In 2015, GTH has been instrumental
in helping the City secure Lewis Street and Kahlotus Lift Station projects funding (as
mentioned), as well as assisting on election and public records law proposals. While
our legislators were also instrumental in these endeavors, they were aided greatly by
the effort of GTH coordinating with many other legislators to assure the local objective
was not lost in the details of the process.
GTH has the advantage of a Washington DC office; thus, the opportunity to pursue a
coordinated effort (state and federal) to obtain the funding assistance necessary for
construction of the Lewis Street Overpass project. The proposed scope of work will
address the City's 2016 legislative agenda, though it may be revised by year-end.
In view of the potential 2016 legislative benefits, staff recommends approval of the
proposed agreement.
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CITY OF PASCO
CONSULTING AGREEMENT
This Agreement is entered into by and between City of Pasco and Gordon Thomas Honeywell
Governmental Affairs (hereinafter referred to as "Consultant"), upon the following terms and
conditions:
A. Scope of Work. Consultant will advise and assist the City of Pasco in accordance with
Consultant's Scope of Work, described in Attachment "A" hereto and incorporated herein, and
Consultant will do and produce such other things as are set forth in the Scope of Work (the
"Services"). Consultant's Services will be in compliance with applicable laws, regulations,
rules, orders, licenses and permits, now or hereinafter in effect, and Consultant shall furnish such
documents as may be required to effect or evidence such compliance.
B. Compensation; Expenses. The City of Pasco will pay Consultant for satisfactorily
rendered Services in accordance with the specific terms set forth in Attachment "A."
C. Invoices; Payment. Consultant will furnish the City of Pasco invoices at regular
intervals, as set forth in Attachment "A."
D. Term; Amendment of Attachment "A." Consultant shall promptly begin the Services
hereunder on July 1, 2015 and this agreement shall continue thereafter for terms of one year,
with automatic renewal of one year terms, unless earlier terminated by mutual agreement or
unless either party provides 60 -days prior written notice of termination. If either party desires to
amend any of the provisions of Attachment "A," such notice shall be given by providing at least
90 days' notice prior to the end of the then current term of agreement, which notice may be
waived by mutual agreement.
E. Ownership of Work Product. The product of all work performed under this agreement,
including reports, and other related materials shall be the property of the City of Pasco or its
nominees, and the City of Pasco or its nominees shall have the sole right to use, sell, license,
publish or otherwise disseminate or transfer rights in such work product.
G. Independent Contractor. Consultant is an independent contractor and nothing
contained herein shall be deemed to make Consultant an employee of the City of Pasco, or to
empower consultant to bind or obligate the City of Pasco in any way. Consultant is solely
responsible for paying all of Consultant's own tax obligations, as well as those due for any
employee/subcontractor permitted to work for Consultant hereunder.
H. Release of Claims; Indemnity. Consultant hereby releases, and shall defend, indemnify
and hold harmless the City of Pasco from and against all claims, liabilities, damages and costs
arising directly or indirectly out of, or related to, Consultant's fault, negligence, strict liability or
produce liability of Consultant, and/or that of any permitted employee or subcontract or
Consultant, pertaining to the Services hereunder.
I. Assignment. Consultant's rights and obligations hereunder shall not be assigned or
transferred without the City of Pasco's prior written consent; subject thereto, this Agreement
shall be binding upon and inure to the benefit of the parties' heirs, and successors.
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J. Governing Law; Severability. This Agreement shall be governed by the laws of the
State of Washington, U.S.A. (excluding conflict of laws provisions). If any term or provision of
this Agreement is determined to be legally invalid or unenforceable by a court with lawful
jurisdiction hereover (excluding arbitrators), such term or provision shall not affect the validity
or enforceability of any remaining terms or provisions of this Agreement, and the court shall, so
far as possible, construe the invalid portion to implement the original intent thereof.
K. Arbitration. Should any dispute arise concerning the enforcement, breach or
interpretation of this Agreement, the parties shall first meet in a good faith attempt to resolve the
dispute. In the event such dispute cannot be resolved by agreement of the parties, such dispute
shall be resolved by binding arbitration pursuant to RCW 7.04A, as amended, and the Mandatory
Rules of Arbitration (MAR); venue shall be placed in Pasco, 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.
L. Entire Agreement; Etc. This Agreement, and its incorporated attachments hereto, state
the entire agreement between the parties regarding the subject matter hereof and supersede any
prior agreements or understandings pertaining thereto. Any modification to this Agreement must
be made in writing and signed by authorized representatives of both parties. Any provision
hereof which may be reasonably deemed to survive the expiration or termination of this
Agreement shall so survive, and remain in continuing effect. No delay or failure in exercising
any right hereunder shall be deemed to constitute a waiver of any right granted hereunder or at
law by either party.
Consultant:
Gordon Thomas Honeywell
Governmental Affairs
Briahna Taylor, Vice President
Date:
City of Pasco:
Dave Zabell, City Manager
Date:
2015-2016 Legislative Services Agreement
Page 2
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ATTACHMENT "A" TO
CITY OF PASCO CONSULTING AGREEMENT
A. Scope of Work: Consultant shall provide the City of Pasco with the following
governmental affairs services:
General Washington State Legislative Services
• Identify and track all relevant legislation.
• During the legislative session, provide the City with weekly reports and tracking
lists.
• Attend all relevant legislative hearings.
• Attend all relevant legislative meetings.
• Coordinate City officials to testify at relevant legislative hearings.
• Lobby to amend, defeat or pass legislation or budgets that directly affect the
City's interests.
• Strengthen relevant legislative relationships between the City, state legislators,
and executive offices.
• Work with the City to develop a state budget request and lobby the Legislature to
fund the request.
Specific Legislative Issues:
• Obtain specific allocations for the Lewis Street Overpass within the Capital
and/or Transportation budgets and assist in related grant/loan applications.
• Proactively pursue changes to state law that advance the City's annexation efforts.
• Protect and restore state -shared revenues that Pasco receives from the state.
• Pursue reforms to the Public Records Act.
• Preserve local authorities and avoid unfunded state mandates.
B. Compensation/Expenses: The City of Pasco shall pay Consultant a monthly fee of
$5,000 for the months of November, December, January, February, March, and April,
and a monthly fee of $1,666.50 for the months of May, June, July, August, September,
and October for the services listed above. Consultant shall bill expenses, including
communication expenses, travel to Pasco and travel to Olympia. The expenses shall not
exceed $3,000 for the term of the contract.
C. Invoices/Payments: (a) Consultant shall furnish the City of Pasco with invoices for
services performed on a monthly basis, and (b) the City of Pasco shall pay each of
Consultant's invoices within thirty (30) days after City's receipt and verification of
invoices.
2015-2016 Legislative Services Agreement
Page 3
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AGENDA REPORT
FOR: City Council
TO: Dave Zabell, City Manager
Rick White, Director
Community & Economic Development
FROM: Shane O'Neill, Planner I
Community & Economic Development
SUBJECT: Emergency Aircraft Landing (MF# CA 2015-007)
I. REFERENCE(S):
Proposed Ordinance
Planning Commission Memo Dated June 18, 2015
July 7, 2015
Workshop Meeting: 7/13/15
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
Discussion
III. FISCAL IMPACT:
None
IV. HISTORY AND FACTS BRIEF:
Presently, aircraft landing restrictions contained in Title 9 have the unintended effects
of imposing penalties on emergency aircraft landings and prohibiting pilot training
exercises. The revisions to Title 9 contained in the attached ordinance specifically
address emergency landings, medical evacuations and training exercises.
On June 18, 2015 the Planning Commission held a public hearing and deliberated on
the matter of amending Title 9 associated with emergency aircraft landings within the
City. Following discussion on the matter, the Planning Commission recommended that
Council adopt the proposed ordinance related to emergency aircraft landing.
V. DISCUSSION:
The proposed code amendment has been referred to the City Police Department, Fire
Department and the local Federal Aviation Administration. Comments from City
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departments have been incorporated into the proposed ordinance. The FAA had no
issues with the proposed code language.
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ORDINANCE NO.
AN ORDINANCE AMENDING PMC TITLE 9 DEALING WITH EMERGENCY AIRCRAFT
LANDING.
WHEREAS, cities have the responsibility to ensure public health, safety and welfare are
maintained; and,
WHEREAS, PMC 9.78 does not address aircraft landing in cases of emergencies; and,
WHEREAS, the Planning Commission has developed a code amendment recognizing
emergency aircraft landings shall not be penalized by the City; and,
WHEREAS, on June 18, 2015 the Planning Commission held a public hearing to
consider lifting penalties for aircraft landing within the City in the event of an emergency.
Notice of said hearing being provided in the Tri -City Herald and through the City's website; and,
WHEREAS, the City Council has determined that to further the purposes of ensuring
public health, safety and welfare, it is necessary to amend PMC Title 9; NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DOES
ORDAIN AS FOLLOWS:
Section 1. That PMC Section 9.78.010 be and the same is hereby amended to read as
follows:
9.78.010 LANDING OUTSIDE PERMITTED AREA UNLAWFUL. It shall be a
violation of this Chapter for any person to land a helicopter, air plane or ultralight aircraft in the
City of Pasco except at an airport or heliport, or any other landing or maneuvering space for
aircraft permitted by special permit obtained under the provisions of Chapter 22.80 25.86 of the
Pasco Municipal Code.
Section 2. That PMC Chapter 9.78.020 be and the same is hereby amended to read as
follows:
9.78.020 FACILITATING UNLAWFUL LANDINGS UNLAWFUL. Except in case of
an emergencL it shall further be a violation of this chapter for the owner, lessee, manager, or any
1
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other person in charge of a public or private place to knowingly permit, encourage or cause,
whether by commission or omission, any person to land a helicopter, airplane or ultralight
aircraft in the City of Pasco except at an airport or heliport or any other landing or maneuvering
space for aircraft permitted by special permit obtained under the provisions of Chapter 22.90
25.86 of the Pasco Municipal Code.
Section 3. That PMC Chapter 9.78.020 be and the same is hereby amended to read as
follows:
9.78.030 LANDING MEDICAL EVACUATION HELICOPTERS. Landing medical
evacuation helicopters for the transport of patients or for training by emergency response
agencies shall be allowed under the supervision of a trained ground contact individual.
Section 4. 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 July ,
2015.
Matt Watkins
Mayor
ATTEST:
Debra L. Clark, City Clerk
APPROVED AS TO FORM:
Leland B. Kerr, City Attorney
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I J) 8 DD J) Kea .V.11 iS Ia J) I
DATE: June 18, 2015
TO: Planning Commission
FROM: Shane O'Neill, Planner I
SUBJECT: Emergency Aircraft Landing Code Amendment (MF# CA 2015-001)
Title 9 (Peace, Safety & Morals) of the Pasco Municipal Code regulates aircraft landing
within the city. Currently, it is a violation for aircraft to land anywhere within the City
besides the airport and at hospital locations authorized by special permit. The intent
of the proposed code amendment is to provide code authority for aircraft landing in
cases of emergency. Specific language amending Title 9 is shown below.
Staff requests the Planning Commission hold a public hearing on the proposed
amendment.
CHAPTER 9.78 LANDING OF AIRCRAFT
Sections:
9.78.0 10 LANDING OUTSIDE PERMITTED AREA UNLAWFUL................................100
9.78.020 FACILITATING UNLAWFUL LANDINGS UNLAWFUL.................................100
9.78.010 LANDING OUTSIDE PERMITTED AREA UNLAWFUL. It shall be a
violation of this Chapter for any person to land a helicopter, air plane or ultralight
aircraft in the City of Pasco except at an airport or heliport, or any other landing or
maneuvering space for aircraft permitted by special permit obtained under the
provisions of Chapter 22.80 25.86 of the Pasco Municipal Code.
9.78.020 FACILITATING UNLAWFUL LANDINGS UNLAWFUL. Except in case of
an emergency, it shall further be a violation of this chapter for the owner, lessee,
manager, or any other person in charge of a public or private place to knowingly
permit, encourage or cause, whether by commission or omission, any person to land a
helicopter, airplane or ultralight aircraft in the City of Pasco except at an airport or
heliport or any other landing or maneuvering space for aircraft permitted by special
permit obtained under the provisions of Chapter 229 25.86 of the Pasco Municipal
Code.
9.78.030 LANDING MEDICAL EVACUATION HELICOPTERS. Landing of medical
evacuation helicopters for the transport of patients or for training by emergency
response agencies shall be allowed under the supervision of a trained ground contact
individual.
(MF# CA 2015-001) Page 1 of 1
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