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Home My WebLink About2016.01.19 Council Meeting PacketAGENDA PASCO CITY COUNCIL Regular Meeting 7:00 p.m. January 19, 2016 Page Please note that our Council meeting will take place on Tuesday, January 19 as City Hall will be closed on Monday, January 18 in honor of Martin Luther King Jr. 1. CALL TO ORDER: 2. ROLL CALL: (a) Pledge of Allegiance 3. CONSENT AGENDA: All items listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by roll call vote as one motion (in the form listed below). There will be no separate discussion of these items. If further discussion is desired by Council members or the public, the item may be removed from the Consent Agenda to the Regular Agenda and considered separately. 4 - 8 (a) Approval of Minutes To approve the Minutes of the Pasco City Council Meeting dated January 4, 2016 9-14 (b) Bills and Communications To approve 2015 claims in the total amount of $1,633,222.42 ($1,629,620.92 in Check Nos. (listing attached); $3,601.50 in Electronic Transfer Nos. 808783. To approve 2016 claims in the total amount of $2,213,629.81 ($1,006,598.52 in Check Nos. (listing attached); $542,593.13 in Electronic Transfer Nos. 808738-808782, 808784-808797; $59,945.82 in Check Nos. 48899-48927; $592,247.63 in Electronic Transfer Nos. 30090038-30090515; $12,244.71 in Electronic Transfer Nos. 212-217. To approve bad debt write-off for Utility Billing, Ambulance, Cemetery, General Accounts, Miscellaneous Accounts, and Municipal Court (non- criminal, criminal, and parking) accounts receivable in the total amount of $267,511.41 and, of that amount, authorize $178,714.23 be turned over for collection. 15-19 (c) 1 Final Plat: Tierra Vida No. 2, Phase 1 (MF# FP 2015-005) To approve the final plat for Tierra Vida No. 2, Phase 1. Page 1 of 33 20-22 23-25 26-30 Regular Meeting January 19, 2016 (RC) MOTION: I move to approve the Consent Agenda as read. 4. PROCLAMATIONS AND ACKNOWLEDGEMENTS: 5. VISITORS - OTHER THAN AGENDA ITEMS: This item is provided to allow citizens the opportunity to bring items to the attention of the City Council or to express an opinion on an issue. Its purpose is not to provide a venue for debate or for the posing of questions with the expectation of an immediate response. Some questions require consideration by Council over time and after a deliberative process with input from a number of different sources; some questions are best directed to staff members who have access to specific information. Citizen comments will normally be limited to three minutes each by the Mayor. Those with lengthy messages are invited to summarize their comments and/or submit written information for consideration by the Council outside of formal meetings. 6. REPORTS FROM COMMITTEES AND/OR OFFICERS: (a) Verbal Reports from Councilmembers 7. HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS RELATING THERETO: 8. ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS: (a) Repeal PMC Chapter 3.88 "Demands" MOTION: I move to adopt Ordinance No. 4260, repealing Chapter 3.88 of the Pasco Municipal Code and, further, authorize publication by summary only. (b) Amend PMC 8.02 Animal Control - Refusal to Redeem MOTION: I move to adopt Ordinance No. 4261, amending Section 8.02.130 "Interference with Officers - Failure to Redeem - Frauds"; creating a new Section 8.02.135 "Refusal to Redeem"; and amending Section 8.02.360 "Penalty Provisions" of the Pasco Municipal Code and, further, authorize publication by summary only. (c) Charter Cable Franchise Extension MOTION: I move to adopt Ordinance No. 4262, extending the Cable Television Franchise Agreement with Charter Communications (Falcon Video Communications, L.P.) through July 31, 2016 and, further, authorize publication by summary only. Page 2 of 33 Regular Meeting January 19, 2016 31 -33 (d) City Council Representation on Boards and Committees MOTION: I move to approve Resolution No. 3681, confirming Mayoral appointments of Councilmembers to various Boards and Committees. 9. UNFINISHED BUSINESS: 10. NEW BUSINESS: 11. MISCELLANEOUS DISCUSSION: 12. EXECUTIVE SESSION: 13. ADJOURNMENT. (RC) Roll Call Vote Required * Item not previously discussed Q Quasi -Judicial Matter MF# "Master File #...." REMINDERS: 9:00 a.m., Saturday, January 16, Pasco Red Lion — WA State VFW Opening Session Welcome Address. (MAYOR MATT WATKINS) 6:00 p.m., Tuesday, January 19, City Hall Conference Room #1 — LEOFF Disability Board Meeting. (MAYOR MATT WATKINS and COUNCILMEMBER REBECCA FRANCIK) 3:30 p.m., Thursday, January 21, FCEM Office — Franklin County Emergency Management Board Meeting. (MAYOR MATT WATKINS, Rep.; COUNCILMEMBER TOM LARSEN, Alt.) This meeting is broadcast live on PSC -TV Channel 191 on Charter Cable and streamed at www.pasco-wa.2ov/psctvlive. Audio equipment available for the hearing impaired; contact the Clerk for assistance. Page 3 of 33 AGENDA REPORT FOR: City Council TO: Dave Zabell, City Manager FROM: Rick Terway, Director Administrative & Community Services SUBJECT: Approval of Minutes I. REFERENCE(S): Minutes 01.04.16 January 8, 2016 Regular Meeting: 1/19/16 II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: To approve the Minutes of the Pasco City Council Meeting dated January 4, 2016 III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: V. DISCUSSION: Page 4 of 33 REGULAR MEETING CALL TO ORDER: MINUTES PASCO CITY COUNCIL JANUARY 4, 2016 The meeting was called to order at 7:00 p.m. by Matt Watkins, Mayor. ROLL CALL: Councilmembers present: Rebecca Francik, Mike Garrison, Robert Hoffmann, Tom Larsen, Saul Martinez and Matt Watkins. Excused: Al Yenney. Staff present: Dave Zabell, City Manager; Stan Strebel, Deputy City Manager; Leland Kerr, City Attorney; Richard Terway, Administrative & Community Services Director; Rick White, Community & Economic Development Director; Ahmad Qayoumi, Public Works Director; Bob Metzger, Police Chief and Bob Gear, Fire Chief. The meeting was opened with the Pledge of Allegiance. Election of Mayor and Mayor Pro -Tem Mr. Martinez nominated Matt Watkins for Mayor. With no further nominations, Mayor Watkins closed nominations. Mr. Watkins was declared Mayor for the years 2016 and 2017 by unanimous voice vote. Mr. Watkins nominated Rebecca Francik for Mayor Pro -tem. Mr. Larsen nominated Robert Hoffmann for Mayor Pro -tem. With no further nominations, Mayor Watkins closed nominations. Ms. Francik was declared Mayor Pro -tem for the years 2016 and 2017 by the following Roll Call vote: For Francik - Watkins, Francik, Garrison, Hoffmann, Martinez. For Hoffmann - Larsen. CONSENT AGENDA: Approval of Minutes To approve the Minutes of the Pasco City Council Meeting dated December 7, 2015 Bills and Communications To approve claims in the total amount of $10,611,556.46 ($2,447,949.44 in Check Nos. 207290-207723; $1,576,919.41 in Electronic Transfer Nos. 808372, 808376, 808380-808467, 808469-808638, 808674, 808677-808713, 808718-808719, 808721, 808736; $99,973.06 in Check Nos. 48845-48898; $1,486,726.17 in Electronic Transfer Nos. 30089089-30090037; $4,999,988.38 in Electronic Transfer Nos. 205, 208-210). Easement Vacation: Broadmoor Terrace, Phase 1 (MF# VAC 2015-018) To approve Resolution No. 3675, setting 7:00 P.M., Monday, February 1, 2016, as the time and date to conduct a public hearing to consider vacating the east/west easement between Lots 18-25, Block 1, and Lot 2, Block 2, Broadmoor Terrace, Phase 1. Page 1 of 4 Page 5 of 33 MINUTES REGULAR MEETING PASCO CITY COUNCIL JANUARY 4, 2016 Easement Vacation: First Place (MF# VAC 2015-021) To approve Resolution No. 3676, setting 7:00 P.M., Monday, February 1, 2016, as the time and date to conduct a public hearing to consider vacating the 20 -foot sanitary sewer easement along the southern boundary of the First Place subdivision as recorded under Auditors File Number 1626377. MOTION: Ms. Francik moved to approve the Consent Agenda as read. Mr. Martinez seconded. Motion carried by unanimous Roll Call vote. VISITORS - OTHER THAN AGENDA ITEMS: Thomas Granbois, 202 N. 8th Ave., addressed Council concerning parking issues on city streets. REPORTS FROM COMMITTEES AND/OR OFFICERS: Mr. Garrison attended the Visit Tri -Cities Board of Directors meeting and the TRIDEC Board of Directors meeting. Ms. Francik attended the Benton Franklin Council of Governments meeting where the City received an award from the State of Washington recognizing the Sacajawea Heritage Trail project as an "Outstanding Example of Planning." Mr. Martinez and Mayor Watkins thanked everyone involved in the Christmas Tree Lighting Event. Mr. Hoffmann attended the Goods Roads and Transportation Association meeting, the BFCG Tri -Mats Policy Advisory Committee meeting, and participated in the Cable Bridge Run. ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS: Annexation: Thorne Annexation (MF# ANX 2016-001) Mr. White explained the details of the proposed annexation. MOTION: Ms. Francik moved to approve Resolution No. 3677, accepting a Notice of Intent to commence annexation proceedings for the Thorne Annexation, providing a determination on the boundary to be annexed and whether simultaneous zoning and the assumption of bonded indebtedness will be required. Mr. Larsen seconded. Motion carried unanimously. Preliminary Plat: Ellie Estates (MF# PP 2015-003) Mr. White explained the details of the proposed resolution. Mayor Watkins disclosed he lives in the general area, but does not believe he has a conflict of interest. There were no objects to his participation. MOTION: Ms. Francik moved to approve Resolution No. 3678, approving a Preliminary Plat for Ellie Estates. Mr. Garrison seconded. Motion carried unanimously. Page 2 of 4 Page 6 of 33 MINUTES REGULAR MEETING PASCO CITY COUNCIL JANUARY 4, 2016 Special Permit: AT&T Wireless Facility (MF# SP 2015-013) Mr. Kerr explained Council's role in Quasi -Judicial matters. Rebecca Cooper, 3807 Santa Anna Loop, urged Council to deny the Special Permit and requested Council adopt additional siting guidelines for cell towers. Council and staff discussed the record. MOTION: Ms. Francik moved to approve Resolution No. 3679, approving a Special Permit for the location of wireless communication facilities at 9915 W. Argent Road as recommended by the Planning Commission. Mr. Garrison seconded. Motion carried by the following Roll Call vote: Yes - Martinez, Watkins, Francik, Garrison, Hoffmann. No - Larsen. Special Permit: Redevelopment of Mark Twain Elementary School Parking Lots (MF# SP 2015-012) Mr. White explained the details of the proposed resolution. MOTION: Ms. Francik moved to approve Resolution No. 3680, accepting the Planning Commission's recommendation and approving a special permit for the redevelopment of parking lots at Mark Twain Elementary School. Mr. Garrison seconded. Motion carried unanimously. NEW BUSINESS: Washington Traffic Safety Commission - Grant Acceptance Mr. Qayoumi explained the details of the agreement. MOTION: Ms. Francik moved to approve the Interagency Agreement with the Washington Traffic Safety Commission and, further, authorize the City Manager to execute the agreement. Mr. Martinez seconded. Motion carried 5-1. No - Larsen. Citywide Traffic Signal Improvements Project Mr. Qayoumi explained the details of the signal improvement project. MOTION: Ms. Francik moved to approve the division of the Citywide Traffic Signal Improvements Project into two phases and, further, move to include both projects in the City's 2016-2021 Capital Improvement Plan. Mr. Garrison seconded. Motion carried unanimously. MISCELLANEOUS DISCUSSION: Maricela Montelongo, 108 N. 4th Ave., voiced concerns about the condition of downtown Pasco. Klaus Goettel, downtown property owner, commented on his experience with the downtown Pasco fagade program. Mr. Zabell noted there will be a presentation on the sidewalk repair program at the January 11th workshop meeting. Page 3 of 4 Page 7 of 33 REGULAR MEETING ADJOURNMENT: MINUTES PASCO CITY COUNCIL JANUARY 4, 2016 There being no further business, the meeting was adjourned at 8:08 p.m. APPROVED: Matt Watkins, Mayor ATTEST: Debra Clark, City Clerk PASSED and APPROVED this 19th day of January, 2016 Page 4 of 4 Page 8 of 33 AGENDA REPORT FOR: City Council January 8, 2016 TO: Dave Zabell, City Manager Regular Meeting: 1/19/16 FROM: Rick Terway, Director Administrative & Community Services SUBJECT: Bills and Communications I. REFERENCE(S): 2015 Accounts Payable 01.19.16 2016 Accounts Payable 01.19.16 Bad Debt Write-off/Collection 12.31.15 IL ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: To approve 2015 claims in the total amount of $1,633,222.42 ($1,629,620.92 in Check Nos. (listing attached); $3,601.50 in Electronic Transfer Nos. 808783. To approve 2016 claims in the total amount of $2,213,629.81 ($1,006,598.52 in Check Nos. (listing attached); $542,593.13 in Electronic Transfer Nos. 808738-808782, 808784-808797; $59,945.82 in Check Nos. 48899-48927; $592,247.63 in Electronic Transfer Nos. 30090038-30090515; $12,244.71 in Electronic Transfer Nos. 212-217. To approve bad debt write-off for Utility Billing, Ambulance, Cemetery, General Accounts, Miscellaneous Accounts, and Municipal Court (non -criminal, criminal, and parking) accounts receivable in the total amount of $267,511.41 and, of that amount, authorize $178,714.23 be turned over for collection. III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: V. DISCUSSION: Page 9 of 33 CITY OF PASCO Council Meeting of: January 19, 2016 Accounts Payable Approved The City Council City of Pasco, Franklin County, Washington We, the undersigned, do hereby certify under penalty of perjury the materials have been furnished, the services rendered or the labor performed as described herein and the claim is a just, due and unpaid obligation against the city and we are authorized to authenticate and certify to such claim. Dave Zabell, City Manager Rick Terway, A&CS Director We, the undersigned City Councilmembers of the City Council of the City of Pasco, Franklin County, Washington, do hereby certify on this 19 day of January, 2016 that the merchandise or services hereinafter specified have been received and are approved for payment: Claims Bank Payroll Bank Gen'] Bank Electronic Bank Combined Check Numbers SEE ATTACHED Total Check Amount $1,629,620.92 $0.00 Total Checks $ 1,629,620.92 Electronic Transfer Numbers 808783 Total EFT Amount $3,601.50 Total EFTS $ 3,601.50 Grand Total $ 1,633,222.42 Councilmember Councilmember SUMMARY OF CLAIMS BY FUND: GENERALFUND STREET ARTERIAL STREET STREET OVERLAY C.D. BLOCK GRANT HOME CONSORTIUM GRANT NSP GRANT MARTIN LUTHER KING COMMUNITY CENTER AMBULANCE SERVICE CEMETERY ATHLETIC PROGRAMS GOLF COURSE SENIOR CENTER OPERATING MULTI -MODAL FACILITY SCHOOL IMPACT FEES RIVERSHORE TRAIL & MARINA MAIN SPECIAL ASSESSMENT LODGING LITTER ABATEMENT REVOLVING ABATEMENT TRAC DEVELOPMENT & OPERATING PARKS ECONOMIC DEVELOPMENT STADIUM/CONVENTION CENTER LID GENERAL CAP PROJECT CONSTRUCTION UTILITY, WATER/SEWER EQUIPMENT RENTAL - OPERATING GOVERNMENTAL EQUIPMENT RENTAL - OPERATING BUSINESS EQUIPMENT RENTAL - REPLACEMENT GOVERNMENTAL EQUIPMENT RENTAL - REPLACEMENT BUSINESS MEDICAL/DENTAL INSURANCE FLEX PAYROLL CLEARING GRAND TOTAL ALL FUNDS: 509,145.81 88,338.27 0.00 0.00 338.40 1,103.36 223.30 2,097.12 14,949.50 3,002.79 3,504.81 2,196.24 148,276.00 0.00 0.00 943.68 0.00 0.00 2,330.25 652.51 0.00 461,229.05 359,909.50 17,646.20 10,303.72 0.00 0.00 0.00 0.00 3,601.50 $ 1,633,222.42 Page 10 of 33 2015 Expenses Check Numbers 207724-207733 207735 207738-207768 207770-207813 207815-207824 207826-207830 207833 207835-207858 207860-207877 207879-207882 207885-207887 207889-207891 207893-207894 207896-207900 207902-207908 207910-207914 207914-207918 207920-207940 207942-207948 207950-207955 207957-207960 207962-207967 207969-207974 207976-207981 Page 11 of 33 CITY OF PASCO Council Meeting of: January 19, 2016 Accounts Payable Approved The City Council City of Pasco, Franklin County, Washington We, the undersigned, do hereby certify under penalty of perjury the materials have been furnished, the services rendered or the labor performed as described herein and the claim is a just, due and unpaid obligation against the city and we are authorized to authenticate and certify to such claim. Dave Zabel], City Manager Rick Terway, A&CS Director We, the undersigned City Councilmembers of the City Council of the City of Pasco, Franklin County, Washington, do hereby certify on this 19 day of January. 2016 that the merchandise or services hereinafter specified have been received and are approved for payment: Claims Bank Payroll Bank Gen'] Bank Electronic Bank Combined Check Numbers SEE ATTACHED 48899-48927 Total Check Amount $1,006,598.52 $59,945.82 Total Checks $ 1,066,544.34 Electronic Transfer Numbers 808738-808782 30090038-30090515 212-217 808784-808797 Total EFT Amount $542,593.13 $592,247.63 $12,244.71 Total EFTS $ 1,147,085.47 Grand Total $ 2,213,629.81 Councilmember Councilmember SUMMARY OF CLAIMS BY FUND: GENERAL FUND 280,813.57 STREET 13,722.36 ARTERIAL STREET 0.00 STREET OVERLAY 0.00 C.D. BLOCK GRANT 683.98 HOME CONSORTIUM GRANT 130.00 NSP GRANT 0.00 MARTIN LUTHER KING COMMUNITY CENTER 538.38 AMBULANCE SERVICE 44,993.73 CEMETERY 958.20 ATHLETIC PROGRAMS 4,731.60 GOLF COURSE 40,402.13 SENIOR CENTER OPERATING 1,273.88 MULTI -MODAL FACILITY 1,594.71 SCHOOL IMPACT FEES 0.00 RIVERSHORE TRAIL & MARINA MAIN 550.03 SPECIAL ASSESSMENT LODGING 0.00 LITTER ABATEMENT 0.00 REVOLVING ABATEMENT 1,098.40 TRAC DEVELOPMENT & OPERATING 0.00 PARKS 0.00 ECONOMIC DEVELOPMENT 65,202.62 STADIUM/CONVENTION CENTER 3,292.74 LID 0.00 GENERAL CAP PROJECT CONSTRUCTION 0.00 UTILITY, WATER/SEWER 615,059.74 EQUIPMENT RENTAL - OPERATING GOVERNMENTAL 1,931.51 EQUIPMENT RENTAL - OPERATING BUSINESS 0.00 EQUIPMENT RENTAL - REPLACEMENT GOVERNMENTAL 0.00 EQUIPMENT RENTAL - REPLACEMENT BUSINESS 0.00 MEDICAL/DENTAL INSURANCE _ 213,776.19 FLEX 6,549.29 PAYROLL CLEARING 916,326.75 GRAND TOTAL ALL FUNDS: $ 2,213,629.81 Page 12 of 33 2016 Expenses Check Numbers 207734 207736-207737 207769 207814 207825 207831-207832 207834 207859 207878 207883-207884 207888 207892 207895 207901 207909 207915-207916 207919 207941 207949 207956 207961 207968 207975 207982-207985 Page 13 of 33 BAD DEBT WRITE-OFF/COLLECTION December 1-31.2015 1. UTILITY BILLING - These are all inactive accounts, 60 days or older. Direct write-off are under $10 with no current forwarding address, or are accounts in "occupant" status. Accounts submitted for collection exceed $10.00. 2. AMBULANCE - These are all delinquent accounts over 90 days past due or statements are returned with no forwarding address. Those submitted for collection exceed $10.00. Direct write off including DSHS and Medicare customers; the law requires that the City accept assignment in these cases. 3. COURT ACCOUNTS RECEIVABLE - These are all delinquent non -criminal and criminal fines, and parking violations over 30 days past due. 4. CODE ENFORCEMENT — LIENS - These are Code Enforcement violation penalties which are either un -collectable or have been assigned for collections because the property owner has not complied or paid the fine. There are still liens in place on these amounts which will continue to be in effect until the property is brought into compliance and the debt associated with these liens are paid. 5. CEMETERY - These are delinquent accounts over 120 days past due or statements are returned with no forwarding address. Those submitted for collection exceed $10.00. 6. GENERAL - These are delinquent accounts over 120 days past due or statements are returned with no forwarding address. Those submitted for collection exceed $10.00. 7. MISCELLANEOUS - These are delinquent accounts over 120 days past due or statements are returned with no forwarding address. Those submitted for collection exceed $10.00. Page 14 of 33 Direct Referred to Total Write-off Collection Write-off Utility Billing $ 29.19 2,017.00 2,046.19 Ambulance $ 88,767.99 15,632.23 104,400.22 Court A/R $ .00 117,527.00 117,527.00 Code Enforcement $ .00 43,538.00 43,538.00 Cemetery $ .00 0.00 .00 General $ .00 .00 .00 Miscellaneous $ .00 .00 .00 TOTAL: $ 88,797.18 178,714.23 267,511.41 Page 14 of 33 AGENDA REPORT FOR: City Council January 12, 2016 TO: Dave Zabell, City Manager Regular Meeting: 1/ 19/16 Rick White, Director Community & Economic Development FROM: Dave McDonald, City Planner Community & Economic Development SUBJECT: Final Plat: Tierra Vida No. 2, Phase 1 (MF# FP 2015-005) I. REFERENCE(S): Overview Map Vicinity Map Final Plat H. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to approve the final plat for Tierra Vida No. 2, Phase 1. III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: On February 2, 2015 the Council approved Resolution No. 3615 approving a preliminary plat for the Tierra Vida No. 2. The developer is now seeking final plat approval for Phase 1. Tierra Vida is a single-family residential development located on East "A" Street. The Tierra Vida project contains a mix of multi -family and single-family homes. V. DISCUSSION: Prior to the approval of a final plat, the developer is to either install all infrastructure or post a bond or other instrument that secures the financing for the infrastructure improvements. In this case, the developer has completed most of the improvements and provided the City with a bond in an amount sufficient ($20,250) to cover the costs of Page 15 of 33 the outstanding improvements. The final plat shows and contains information on primary control points, tract boundaries, dimensions, bearings, lot numbers and other necessary survey data. In addition, the plat contains the required descriptions, dedication and acknowledgment, and approval sections. Page 16 of 33 Overview Item: Tierra Vida II Phase 1 Map Applicant: Casa LLC N File #: FP 2015-005 E,LEWIS-ST i>rn IT - 21 thr a .3 R l� Tr � fx iii ,,K; t � s§ ia• A� z9�'sn ; ' :a � R� ;�' � ��ti�"�0�� , � �.� g � � a, .: inn / i a � a>.a a ! i r'a '! "�y, �. �. ,- • a ��a .:1 :� ;" '.rr x " 7 � yil • t 97 t`•R�,i � as>. ! 9�a� • a>Y. , :. - � \ _ ^ ' 7 �1 it s. y ....,=. -,_.,� �• �n'i' . SITE °� . •..s�,,�' '' � �� y., -,rID t �a a ' q A ' t h�''♦'%� a >t � a moi. 1 \V _ , n Nil /arEs :I tr !♦ r itII .aow71 0 W _ E -,W ST_ - Vicinity Item: Tierra Vida II Phase 1 Applicant: Casa LLC N Map File #: FP 2015-005 AP V SITE 7. 40 0 � :tit "'�' co co 0 W 28 27FND. 2-1/4" STEEL CAP IN MON. CASE PER WSDOT CORNER RECORD ON FILE WITH DNR u, UNPLATTED 589'36'37"E SET. r-1075.12' 53.50' el' 10' STORM DRAIN 20' P. U EASEMENT ENT E0' AF. 5187401 2] 1 33 34 F PSBR BASS CAP IN MON CASE LOT 9 9527 Sq, 0.22 Ac SET 3' S CORNER LOT 10 9054 SgFt 0.21 Ac LOT 11 11133 SgFt 0.26 Ac SET 3 WESTERLY OF CORNER ON - SIDELINE (TYP) C2 THE OWNER NAMED HEREON IS RESPONSIBLE FOR PROVIDING AND INSTALLING LOT 12 8116 Sq Ft ALL TRENCH, CONDUR, PRIMARY VAULTS, SECONDARY JUNCTION BOXES, AND Lil 189'55'14"W 130.09' o 0.19 Ac LOT 6 7260 Sq Ft to% AGENDA REPORT FOR: City Council January 13, 2016 TO: Dave Zabell, City Manager Regular Meeting: 1/19/16 FROM: Stan Strebel, Deputy City Manager SUBJECT: Repeal PMC Chapter 3.88 "Demands" I. REFERENCE(S): Proposed Ordinance II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to adopt Ordinance No. , repealing Chapter 3.88 of the Pasco Municipal Code and, further, authorize publication by summary only. III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: Chapter 3.88 "Demands" in the Pasco Municipal Code was adopted many decades ago to set out a procedure for the processing and decisions on claims against the City. The City has more current procedures in place whether claims (demands) are presented in the form of requests for payment of goods and services, or claims for compensation due to action (or inaction) of the City. Claims for payment are handled pursuant to City Council Resolution No. 3524 (adopted December 2013) and in accordance with RCW 42.24. Claims for damages, or tort claims, are processed pursuant to Administrative Order No. 352, and in accordance with our membership agreement with Washington Cities Insurance Authority (WCIA), the City's Risk Pool. V. DISCUSSION: Following review of the Chapter, and with concurrence of the City Attorney, staff recommends that Chapter 3.88 be repealed in its entirety as more current and comprehensive policies are in place and the procedures no longer apply. Page 20 of 33 This item was discussed at the January 11, 2016 Workshop meeting. Page 21 of 33 ORDINANCE NO. AN ORDINANCE of the City of Pasco, Washington repealing in its entirety Chapter 3.88 "Demands" of the Pasco Municipal Code. WHEREAS, Chapter 3.88 "Demands" of the Pasco Municipal Code is no longer applicable to the way that the City processes "demands"; and WHERAS, the City has adequate procedures in place for the processing of demands or claims for payment for goods or services and the City also has a process for the processing of demands on claims for damages against the City; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO HEREBY ORDAIN AS FOLLOWS: Section 1. That Chapter 3.88 "Demands" of the Pasco Municipal Code shall be and hereby is repealed in its entirety. Section 2. If any section, subsection, paragraph, sentence, clause, phrase or word of this ordinance is declared unconstitutional or invalid for any reason, it shall be severed, and such decision shall not affect the validity of the remaining parts of this Ordinance. Section 3. This Ordinance shall take effect five (5) days after passage and publication. PASSED by the City Council of the City of Pasco this 19th day of January 2016. Matt Watkins, Mayor ATTEST: APPROVED AS TO FORM: Debra Clark, City Clerk Leland B. Kerr, City Attorney Page 22 of 33 AGENDA REPORT FOR: City Council January 13, 2016 TO: Dave Zabell, City Manager Regular Meeting: 1/19/16 FROM: Rick Terway, Director Administrative & Community Services SUBJECT: Amend PMC 8.02 Animal Control - Refusal to Redeem I. REFERENCE(S): Proposed Ordinance II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to adopt Ordinance No. , amending Section 8.02.130 "Interference with Officers - Failure to Redeem - Frauds"; creating a new Section 8.02.135 'Refusal to Redeem"; and amending Section 8.02.360 "Penalty Provisions" of the Pasco Municipal Code and, further, authorize publication by summary only. III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: At the meeting of January 11, a question was raised regarding the maximum amount of penalty for an infraction. PMC Chapter 1.02 provides for a penalty limit of $250. Currently, failure to redeem an animal is a criminal misdemeanor and generally a lengthy process to adjudicate. The cost in staff and court time is more of a burden than the offence dictates, for the Animal Control Authority, the court and the offender. V. DISCUSSION: In an effort to maintain parity with the other ACA cities (Kennewick and Richland), staff recommends reducing this offence from a criminal misdemeanor to a civil infraction. This reduces the first two offences to a civil infraction, however the third violation within the specified time would be considered a criminal misdemeanor. This item was discussed at the January 11, 2016 Workshop meeting. Page 23 of 33 ORDINANCE NO. AN ORDINANCE of the City of Pasco, Washington Amending PMC 8.02.130 "Interference with Officers - Failure to Redeem - Frauds"; Creating a new Section PMC 8.02.135 "Refusal to Redeem"; and Amending PMC 8.02.360 "Penalty Provisions" WHEREAS, it has been determined that appropriate penalties applicable to an owner who failed to redeem an animal as opposed to an individual who interferes with an animal control officer should result in different penalties; and WHEREAS, to implement that more appropriate application of the penalty to the offense, it is necessary to amend those portions of the City's animal code. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. That Section 8.02.130 of the Pasco Municipal Code entitled "Interference with Officers - Failure to Redeem - Frauds" shall be and hereby is amended and shall read as follows: 8.02.130 INTERFERENCE WITH OFFICERS FAILURE O REDEEM FRAUDS. 1) It is unlawful for any unauthorized person to break open, or attempt to break open, the City animal control shelter, or to take or let out animals there from, or to take or attempt to take from any officer any animal seized by him in compliance with this chapter, or in any manner interfere with or hinder such an officer in the discharge of his duties under this chapter. 32) Any person violating the provisions of this section shall be guilty of a misdemeanor. (Ord. 3326 Sec. 1, 1998.) Section 2. That a new Section 8.02.135 of the Pasco Municipal Code entitled "Refusal to Redeem" shall be and hereby is adopted and shall read as follows: 8.02.135 REFUSAL TO REDEEM. 1) It is unlawful for any person to knowingly refuse to redeem an impounded animal or to obtain an animal from the poundmaster or return it to an owner without first paying all impound fees. Violation of this section shall be guilty of an infraction. Page 24 of 33 2) Repeated failure to redeem. Any person who knowingly refuses to redeem an impounded animal or to obtain an animal from the poundmaster or return it to an owner without first paying all impound fees, more than two (2) times within a 24 -month period, shall be guilty of a misdemeanor. Section 3. That Section 8.02.360 entitled "Penalty Provisions" of the Pasco Municipal Code shall be and hereby is amended and shall read as follows: 8.02.360 PENALITY PROVISIONS. 1) Any person violating any provision of this chapter, except Sections 8.02.130, 8.02.135 (2), 8.02.170 and 8.02.320, is guilty of an infraction. Unless matters in aggravation warrant a greater civil penalty, each violation shall be subject to a minimum penalty as set forth in Chapter 3.07 of this Code, plus all costs and assessments for the following respective violations: a) First violation within five years. b) Second violation within five years. C) Third violation within five years. d) Four or more violations within five years. 2) Each person is guilty of a separate offense for each and every day during any portion of which any violation of the provisions of this chapter is committed, continued or permitted by any such person and shall be punished accordingly. 3) Court costs shall be assessed in addition to any other fine, penalty, cost or statutory assessment imposed. 4) The City, at its eleetion, may diveft any infraefien, identified in subseetie" above, to be heard before the Pasee Code Enforeement Board pur-stiant to ehapter- 11.04 of Paseo Mttnieipal Code. Assessmei4s of monetar-y penalties for- violations of this Chapter- shall be assessed by the Code Enfor-eement Board, in aeeor-danee with subseetion 1), a) through d) • (Ord. 3870, 2008; Ord. 3544 Sec. 1, 2002; Ord. 3534 Sec. 1, 2002; Ord. 3326 Sec. 1, 1998.) Section 4. 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 , 2016. Matt Watkins, Mayor ATTEST: APPROVED AS TO FORM: Debra L. Clark, City Clerk Leland B. Kerr, City Attorney Page 25 of 33 AGENDA REPORT FOR: City Council TO: Dave Zabell, City Manager FROM: Stan Strebel, Deputy City Manager SUBJECT: Charter Cable Franchise Extension I. REFERENCE(S): Proposed Ordinance January 13, 2016 Regular Meeting: 1/19/16 II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to adopt Ordinance No. , extending the Cable Television Franchise Agreement with Charter Communications (Falcon Video Communications, L.P.) through July 31, 2016 and, further, authorize publication by summary only. III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: The City has been preparing for and conducting negotiations with Charter for renewal of the franchise agreement for the last 52 months. While a transfer agreement request from Comcast to assume the franchise agreement from Charter in the fall of 2014 (which was subsequently abandoned by Comcast) temporarily put negotiations on hold and, since that time, Charter and Time Warner Cable have a deal in the works, which is still pending, but which would leave Charter as the City's franchisee, we have continued negotiations in earnest over the last 3-4 months. While staff have been disappointed at the pace of negotiations (and recognizing that Council has grown equally weary of the need to continue to renew the existing franchise), there is currently cause for optimism that the renewal process can be concluded within the proposed extension. Over the past several months we have been able to shift negotiations to the level of Charter corporate representatives with the Cities' (Richland and Pasco) consultant playing a key role in negotiations. Staff is pleased to report that the number of "open" issues has been reduced to less than half of the issues that were in play just three months ago. While the process is slow, given the federal restrictions and limited alternative providers, staff believes that continuing on the current course is the City's only viable alternative. Page 26 of 33 As the current franchise is set to expire February 1, 2016, more time will be needed to complete the renewal process. Staff proposes an extension to July 31, 2016 to complete a renewal franchise agreement with Charter. Charter has agreed to the extension. V. DISCUSSION: Under the proposed ordinance, Charter must provide its forinal acceptance of the extension within 12 days of passage by the City. This item was discussed at the January 11 Workshop meeting. Page 27 of 33 ORDINANCE NO. An ORDINANCE of the City of Pasco, Washington, Extending the Cable Television Franchise Agreement with Falcon Video Communications, L.P., locally known as Charter Communications, Inc., hereinafter referred to as "Grantee" through July 31, 2016. WHEREAS, cable providers are required to hold a franchise agreement with the City of Pasco ("City") to use the City's public right-of-way to provide cable services; and WHEREAS, the current cable franchise agreement was entered into pursuant to Ordinance No. 3304 ("Cable Franchise") on June 20, 1998; and WHEREAS, control of Grantee was subsequently transferred from Falcon Communications, L.P., to Charter Communications Holding Company, L.L.C., pursuant to Resolution No. 2468; and WHEREAS, the Cable Franchise is due to expire on February 1, 2016 pursuant to Ordinance No. 4240; and WHEREAS, Grantee and the City have been engaged in informal renewal negotiations in accordance with Section 626(h) of Title VI of the Communications Act of 1934, as amended (the "Cable Act"); and WHEREAS, the City has been conducting franchise renewal ascertainment in accordance with Section 626(a)(1) of the Cable Act; and WHEREAS, the parties continue to reserve all rights under the formal procedures of Section 626 of the Cable Act, and do not waive any rights related thereto; and WHEREAS, Grantee has filed timely notice of intent to renew its Franchise Agreement with City pursuant to Section 626 of the Cable Act; and WHEREAS, the City is willing to grant an extension of the current Franchise until July 31, 2016, to give the parties additional time to complete the renewal process; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Extension of the Term of the Franchise Agreement through July 31, 2016. The Cable Franchise, as amended, is hereby extended, subject to the terms and conditions set forth below, until July 31, 2016 or until a new franchise agreement is agreed to by the parties and enacted by the City. Section 2. Terms and Conditions of Extension of the Franchise Agreement. The City's consent to the extension, described above, is subject to, and conditioned upon, the following terms and conditions: Page 28 of 33 A. All terms and conditions of the existing Franchise Agreement shall remain in full force and effect during the extension period. B. The extension shall have no adverse effect on Grantee's compliance, nor shall the extension be grounds for any change or modification in the remaining terms, conditions and obligations of the Franchise Agreement. C. The City and Grantee's agreement to extend the Franchise Agreement, as set forth herein, shall not be construed, in any manner whatsoever, to constitute a waiver or release of any rights that the City or the Grantee may have under the Franchise Agreement. D. Both parties hereby reserve all rights under applicable provisions of the Cable Act, including, without limitation, Sections 626 and 635 of the Cable Act. Nothing herein shall be deemed or construed as a waiver, release or surrender of any right that either party may have under the Cable Act or any applicable law. E. Within twelve (12) days after passage of this Ordinance by the City Council, Grantee shall file with the City Clerk its written acceptance of this Ordinance, substantially in the form of Exhibit A, attached hereto. Section 3. 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 , 2016. Matt Watkins, Mayor Attest: Approved as to Form: Debbie Clark, City Clerk Leland B. Kerr, City Attorney Page 29 of 33 EXHIBIT "A" Acceptance of Ordinance No. TO: City of Pasco, Washington Attention: Dave Zabell, City Manager Pasco City Hall P.O. Box 293 Pasco, WA 99301 This is to advise the City of Pasco that Falcon Video Communications, L.P. (the "Grantee"), hereby unqualifiedly accepts Ordinance No. , passed by the City Council on , 2016, regarding the extension of the Franchise Agreement between Grantee and the City. FALCON VIDEO COMMUNICATIONS, L.P. ("Grantee") ME Name: Mark Brown Title: V.P., Government Affairs Date: Page 30 of 33 AGENDA REPORT FOR: City Council January 13, 2016 TO: Dave Zabell, City Manager Regular Meeting: 1/19/16 FROM: Stan Strebel, Deputy City Manager SUBJECT: City Council Representation on Boards and Committees I. REFERENCE(S): Resolution Proposed 2016-2017 Board and Committee Assignments II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to approve Resolution No. , confirming Mayoral appointments of Councilmembers to various Boards and Committees. III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: City Council representation is required on a number of municipal and regional boards and committees. The practice of the City Council has been to make Council appointments to the various boards and committees on a biennial basis; thus, appointments generally are for a two-year period. Changes to these appointments, if necessary, can be made at any time by action of the Mayor and City Council. V. DISCUSSION: The attached list represents proposed board and committee assignments for 2016-2017. This item was discussed at the January 11, 2016 Workshop meeting. Page 31 of 33 RESOLUTION NO. A RESOLUTION confirming Mayoral appointments of Councilmembers to various Boards and Committees for the years 2016-2017. WHEREAS, various boards and committees, serving both regional and local purposes, require representation by the Pasco City Council; and WHEREAS, PMC 2.06.020 reserves authority to the Mayor for appointment of members to advisory committees subject to confirmation of the City Council; and WHEREAS, Mayor Watkins, after consultation with Councilmembers, has declared appointments to the respective boards and committees reflected in the list attached hereto; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO RESOLVE AS FOLLOWS: Section 1: The Pasco City Council hereby confirms the appointments to the respective boards and committees reflected in the list attached hereto, until otherwise modified by action of the Mayor and City Council. Passed by the City Council of the City of Pasco this 19th day of January 2016. Matt Watkins, Mayor ATTEST: APPROVED AS TO FORM: Debra Clark, City Clerk Leland B. Kerr, City Attorney Page 32 of 33 CITY COUNCIL BOARD AND COMMITTEE ASSIGNMENTS CALENDAR YEARS — 2016-2017 Mayoral Appointments to Board and Committee Membership 06 L BOARD/COMMITTEEREPRESENTATIVE ALTERNATE Emergency Medical Services 1St Monday, Bi -Monthly 1:30 pm TRIOS Tom Larsen Al Yenney Franklin County Mosquito Control District 1St Wednesday 12:00 pm 2601 N. Capitol Avenue Bob Hoffmann Al Yenney Parks & Recreation Advisory Council * 1St Thursday 5:30 pm Parks & Rec. Classroom Saul Martinez Mike Garrison Old Fire Pension Board 2nd Monday, Quarterly 6:00 pm Conference Room #1 Rebecca Francik Saul Martinez Tri -Cities Regional PFD Board 2nd Wednesday 5:45 pm Varies Matt Watkins, Rebecca Francik, Saul Martinez BFCG Tri -Mats Policy Advisory Committee 2nd Thursday 7:00 am Varies Bob Hoffmann Rebecca Francik Ben -Franklin Transit Board 2nd Thursday 7:00 pm Ben -Franklin Transit Matt Watkins Mike Garrison Reserve Officers Board 3rd Monday, as needed 5:30 pm Conference Room #1 Matt Watkins and Rebecca Francik LEOFF Disability Board 3rd Monday 6:00 pm Conference Room #1 Matt Watkins and Rebecca Francik Good Roads & Transportation Association * 3rd Wednesday, Bi -Monthly 5:30 pm Varies Bob Hoffmann Rebecca Francik Manhattan Project Historical Park 3rd Thursday 4:00 pm 7130 W. Grandridge Matt Watkins Franklin County Emergency Management Council 3`d Thursday, Quarterly 3:30 pm Emergency Management Office Matt Watkins Tom Larsen Benton Franklin Council of Governments 3`d Friday 11:30 am Varies Al Yenney Rebecca Francik Hanford Area Economic Investment Fund 4th Monday 4:00 pm Ben -Franklin Transit Al Yenney Saul Martinez TRAC Advisory Board * 4th Tuesday 5:00 pm TRAC Facility Matt Watkins and Al Yenney Visit Tri -Cities Board 4th Wednesday 7:30 am 7130 W. Grandridge Mike Garrison Tom Larsen TRIDEC Board of Directors 4th Thursday 4:00 pm 7130 W. Grandridge Mike Garrison Tom Larsen Hanford Communities Governing Board (and ECA) 4th Friday, Quarterly 7:30 am Richland Council Chambers Mike Garrison Al Yenney Franklin County Solid Waste Advisory Committee As called Franklin County Public Works Mike Garrison Tom Larsen Saul Martinez Matt Watkins BFCG Solid Waste Advisory Committee As called TBD Mike Garrison Tom Larsen Franklin County Law & Justice Council * As called Franklin County Courthouse Bob Hoffmann Mike Garrison Local Housing Trust Fund Oversight Committee * As called 710 W. Court Street Rebecca Francik, Mike Garrison, Saul Martinez *Voluntary (does not require elected official as representative) January 13, 2016