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2016.06.06 Council Meeting Packet
Page Regular Meeting 1. CALL TO ORDER: 2. ROLL CALL: AGENDA PASCO CITY COUNCIL 7:00 p.m. (a) Pledge of Allegiance June 6, 2016 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. 5 - 9 (a) Approval of Minutes To approve the Minutes of the Pasco City Council Meeting dated May 16, 2016. 10 - 11 (b) Bills and Communications To approve claims in the total amount of $5,288,404.71 ($2,290,016.65 in Check Nos. 209884-210221; $1,663,629.03 in Electronic Transfer Nos. 810181 -810246,810262 -810306,810312-810388,810391-810392,810394- 810758; $91,545.39 in Check Nos. 49205-49294; $1,239,991.75 in Electronic Transfer Nos. 30094320-30095290; $3,221.89 in Electronic Transfer Nos. 250-251). 12-15 (c) Increased CIP Spending Authority for the Primary Clarifier Upgrade Project To approve the increased CIP spending authority for the Primary Clarifier Upgrade Project and allocate the funds in the 2013/2015 bond for water and sewer. 16-21 (d) Amendment Number 1 to the Professional Services Agreement for the Construction Management and Inspection Services for the Primary Clarifier Upgrade Project To approve Amendment Number 1 to the Professional Services Agreement for the Construction Management and Inspection Services for the Primary Clarifier Upgrade Project with Gray & Osborne, Inc. and further, authorize Page 1 of 108 Regular Meeting June 6, 2016 the City Manager to execute the agreement. 22-27 (e) Amendment Number 1 to the Professional Services Agreement for the Wastewater System Impact Assessment - Phase I To approve Amendment Number 1 to the Professional Services Agreement for the Wastewater System Impact Assessment - Phase I with MSA and further, authorize the City Manager to execute the agreement. 28 (f) I TRAC Advisory Board Appointment To concur in the Mayor's reappointment of Carl Leth to a three-year term on the TRAC Advisory Board (term to expire July 1, 2019). 29-34 (g) i Final Plat: Willow Vista (MF# FP 2016-006) To approve the Final Plat for Willow Vista. 35-44 (h) 1 Annexation: Barker Annexation (MF# ANX 2016-002) To set 7:00 pm, June 20, 2016 as the time and date for a public meeting to consider the Barker Notice of Intent to annex 119 acres located west of Broadmoor Boulevard and north of Power Line Road. 45 -50 (i) ' Street Vacation: A portion of Duluth St. (MF# VAC 2016-008) To approve Resolution No. 3713, a resolution setting 7:00 P.M., Tuesday, July 5, 2016, as the time and date to conduct a public hearing to consider vacating a portion of Duluth Street. (RC) MOTION: I move to approve the Consent Agenda as read. 4. PROCLAMATIONS AND ACKNOWLEDGEMENTS: 51 -56 (a) Yard and Business of the Month Awards Mayor Watkins to present Certificates of Appreciation for May 2016 "Yard of the Month" and "Business Appearance of the Month" to: Juan & Mariana Garcia, 3713 Milagro Dr. George & Janice Hunter, 204 Sun Willows Blvd. Kaleb & Brittany Harvey, 6009 Stutz Ln. Bill & Sarah Gallacher, 3604 Riesling Ct. Bagley Dental, 4904 Convention Dr. 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 Page 2 of 108 Regular Meeting June 6, 2016 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: 57-63 (a) Police Body Cameras CONDUCT A PUBLIC HEARING MOTION: I move to adopt Ordinance No. 4294, authorizing the use of Body -Worn Cameras for Law Enforcement Personnel and, further, authorize publication by summary only. 8. ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS: 64-68 (a) PMC Amendment Setting Penalties for Parking Violations MOTION: I move to adopt Ordinance No. 4295, amending PMC Chapter 10.16.135 "Penalty Provisions" and Chapter 10.52.035 'Extended Unauthorized Parking Prohibited" to establish penalties for violations thereof and, further, authorize publication by summary only. 69-76 (b) 2015 International and State Code Updates MOTION: I move to adopt Ordinance 4296, an ordinance amending Title 16 of the Pasco Municipal Code regarding the adoption of the Washington State Building Code and the International and Uniform Building Codes and, further, authorize publication by summary only. 9. UNFINISHED BUSINESS: 10. NEW BUSINESS: 77-108 (a) I Collective Bargaining Agreement with International Union of Operating Engineers, Local 280 MOTION: I move to approve the Collective Bargaining Agreement with the International Union of Operating Engineers, Local 280, for years 2016-2019 Page 3 of 108 Regular Meeting June 6, 2016 and, further, authorize the City Manager to execute the agreement. 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: 1:30 p.m., Monday, June 6, TRIOS — Emergency Medical Services Board Meeting. (COUNCILMEMBER TOM LARSEN, Rep.; AL YENNEY, Alt.) 7:00 a.m., Thursday, June 9 — BFCG Tri -Mats Policy Advisory Committee Meeting. (COUNCILMEMBER BOB HOFFMANN, Rep.; REBECCA FRANCIK, Alt.) 7:00 p.m., Thursday, June 9 — Ben -Franklin Transit Board Meeting. (MAYOR MATT WATKINS, Rep.; MIKE GARRISON, Alt.) 8:00 a.m., Saturday, June 11, City Hall Council Chambers — Executive Session Meeting. (ALL COUNCILMEMBERS) 12:00 p.m., Saturday, June 11, City Park located at Road 60 & Three -Rivers Drive — Ribbon Cutting for new Playground Facility. (ALL COUNCILMEMBERS INVITED TO ATTEND) This meeting is broadcast live on PSC -TV Channel 191 on Charter Cable and streamed at www.pasco-wa.gov/psctvlive. Audio equipment available for the hearing impaired; contact the Clerk for assistance. Page 4 of 108 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 05.16.16 May 20, 2016 Regular Meeting: 6/6/16 II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: To approve the Minutes of the Pasco City Council Meeting dated May 16, 2016. III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: V. DISCUSSION: Page 5 of 108 MINUTES REGULAR MEETING PASCO CITY COUNCIL MAY 16, 2016 CALL TO ORDER: The meeting was called to order at 7:00 p.m. by Matt Watkins, Mayor. ROLL CALL: Councilmembers present: Rebecca Francik, Mike Garrison, Tom Larsen, Saul Martinez, Matt Watkins and Al Yenney. Excused: Robert Hoffmann. Staff present: Stan Strebel, Deputy City Manager; Leland Kerr, City Attorney; 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. CONSENT AGENDA: Approval of Minutes To approve the Minutes of the Pasco City Council Meeting dated May 2, 2016. Bills and Communications To approve claims in the total amount of $3,796,180.62 ($1,877,017.15 in Check Nos. 209610-209883; $624,032.89 in Electronic Transfer Nos. 810258- 810261, 810307-810311, 810389-810390, 810393; $42,123.74 in Check Nos. 49160-49204; $624,522.12 in Electronic Transfer Nos. 30093835-30094319; $628,484.72 in Electronic Transfer Nos. 242-249. 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 $202,896.71 and, of that amount, authorize $136,009.30 be turned over for collection. Parks & Recreation Advisory Board Appointments To appoint David Milne to Position No. 4, reappoint Jason Ruud to Position No. 5, and appoint Reade Obern to Position No. 7 on the Parks & Recreation Advisory Board (term expiration date 2/2/19). Renewal of Agreement for Arraignment Counsel To approve the Professional Services Agreement with Raymond Hui to provide legal representation during arraignment of indigent persons charged with misdemeanors or gross misdemeanors in the Pasco Municipal Court and, further, authorize the City Manager to execute the agreement. Historic Preservation Commission Appointment To concur in the Mayor's reappointment of Devi Tate to Position No. 5 on the Historic Preservation Commission (term to expire 8/1/19). Final Plat: Chapel Hill, Phase 6 (MF# FP 2016-003) Page 1 of 4 Page 6 of 108 MINUTES REGULAR MEETING PASCO CITY COUNCIL MAY 16, 2016 To approve the Final Plat for Chapel Hill, Phase 6. Street & Easement Vacation: Street Right -of -Way and Street Easement between Rd 92 and Rd 96 (MF# VAC 2016-007) To approve Resolution No. 3712, a resolution setting 7:00 P.M., Monday, June 20, 2016, as the time and date to conduct a public hearing to consider vacating certain easements and right-of-way between Road 92 and Road 96. MOTION: Ms. Francik moved to approve the Consent Agenda as read. Mr. Garrison seconded. Motion carried by unanimous Roll Call vote. PROCLAMATIONS AND ACKNOWLEDGEMENTS: Presentation of Proclamation for "National Police Week" and "Peace Officers' Memorial Day" Mayor Matt Watkins presented a Proclamation to Bob Metzger, Chief of Police, Pasco Police Department, proclaiming May 15-21, 2016, "National Police Week" and May 15, 2016, "Peace Officers' Memorial Day". Presentation of Proclamation for "Public Works Week" Mayor Matt Watkins presented a Proclamation to Public Works Employees, Precilla Andaya, Administrative Assistant II and Leah Fisk, Associate Engineer proclaiming May 15-21, 2016 "Public Works Week." ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS: Code Amendment: Temporary Business Standards in the I-182 Overlay Zone (MF# CA 2016-002) Council discussed the details of the proposed ordinance. MOTION: Ms. Francik moved to adopt Ordinance No. 4288, an ordinance amending PMC Title 25 dealing with temporary business standards in the I-182 corridor, and further, authorize publication by summary only. Mr. Garrison seconded. Motion carried unanimously. Chronic Nuisance Ordinance MOTION: Ms. Francik moved to adopt Ordinance No. 4289, an Ordinance creating a new Chapter 9.63 "Chronic Nuisances," amending PMC 11.02.010 "Applicability of Chapter", and amending PMC 11.02.030 "Definitions" providing for chronic nuisance enforcement and further, authorize publication by summary only. Mr. Martinez seconded. Motion carried unanimously. Vacation of Street and Alley Rights of Way Council discussed the details of the proposed ordinance. MOTION: Ms. Francik moved to adopt Ordinance No. 4290, creating new Chapter 12.40 entitled "Vacation of Streets, Alleys and Access Easements," and further, authorize publication by summary only. Mr. Martinez seconded. Motion carried unanimously. Page 2 of 4 Page 7 of 108 MINUTES REGULAR MEETING PASCO CITY COUNCIL MAY 16, 2016 Ordinance to Modify PMC 12.24 Creating Section 12.24.145 "Construction Zone Safety and Speed Limits" Council discussed the details of the proposed ordinance. MOTION: Ms. Francik moved to adopt Ordinance No. 4291, creating a new section 12.24.145 "Construction Zone Safety and Speed Limits" and, further, authorize publication by summary only. Mr. Martinez seconded. Motion carried unanimously. Ordinance to Amend PMC 14.10 "Prequalification" & 14.11 "Small Works Roster" MOTION: Ms. Francik moved to adopt Ordinance No. 4292, repealing PMC 14.10.020 "Prequalification"; PMC 14.10.025 "Limited Prequalification Requirement"; PMC 14.10.030 "Application Required"; PMC 14.10.050 "Revocation of Prequalification Status"; and PMC 14.10.060 "Appeal" and, further, authorize publication by summary only. Mr. Yenney seconded. Motion carried unanimously. MOTION: Ms. Francik moved to adopt Ordinance No. 4293, amending PMC Chapter 14.11 "Small Works Roster" to Comply with Recent Changes in the Law and to Participate in the MRSC Rosters for Small Public Works Contracts, Consulting Services, and Vendor Services and, further, authorize publication by summary only. Mr. Martinez seconded. Motion carried unanimously. NEW BUSINESS: Bid Award: Kahlotus Lift Station Force Main Pipe Council and staff discussed the details of the proposed project. MOTION: Ms. Francik moved to award the Kahlotus Lift Station Force Main Pipe project to C & E Trenching, LLC in the amount of $230,273.30 and, further, authorize the City Manager to execute the contract documents. Mr. Yenney seconded. Motion carried by unanimous Roll Call vote. Bid Award: Park Street Revitalization Mr. Qayoumi explained the details of the proposed project. MOTION: Ms. Francik moved to award Phase I of the Park Street Revitalization project to Big D's Construction of Tri -Cities, Inc. in the amount of $58,789.52 and, further, authorize the City Manager to execute the contract documents. Mr. Yenney seconded. Motion carried by unanimous Roll Call vote. Furniture/Fixtures/Equipment for Police Facility Mr. Strebel explained the details of the proposed purchase. MOTION: Ms. Francik moved to authorize purchase of locker equipment for the Police Community Services Building from Tiffin Metal Products in the total estimated cost of $120,420, plus tax. Mr. Martinez seconded. Motion carried unanimously. Page 3 of 4 Page 8 of 108 MINUTES REGULAR MEETING PASCO CITY COUNCIL MISCELLANEOUS DISCUSSION: MAY 16, 2016 Mr. Strebel noted extensive paving work on Hwy 395 and I-182 will cause some traffic delays within the City of Pasco this summer. Mayor Watkins noted the appointments to the Downtown Pasco Development Authority Board will be made in the next few weeks. ADJOURNMENT: There being no further business, the meeting was adjourned at 7:35 p.m. APPROVED: ATTEST: Matt Watkins, Mayor Debra Clark, City Clerk PASSED and APPROVED this 6th day of June, 2016 Page 4 of 4 Page 9 of 108 AGENDA REPORT FOR: City Council TO: Dave Zabell, City Manager FROM: Ron Musson, Interim Finance Manager Administrative & Community Services SUBJECT: Bills and Communications I. REFERENCE(S): Accounts Payable 06.06.16 June 2, 2016 Regular Meeting: 6/6/16 II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: To approve claims in the total amount of $5,288,404.71 ($2,290,016.65 in Check Nos. 209884-210221; $1,663,629.03 in Electronic Transfer Nos. 810181-810246, 810262- 810306, 810312-810388, 810391-810392, 810394-810758; $91,545.39 in Check Nos. 49205-49294; $1,239,991.75 in Electronic Transfer Nos. 30094320-30095290; $3,221.89 in Electronic Transfer Nos. 250-251). III. FISCAL IMPACT: V. DISCUSSION: Page 10 of 108 CITY OF PASCO Council Meeting of: June 6, 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 6th day of June. 2016 that the merchandise or services hereinafter specified have been received and are approved for payment: Gen'I Bank Electronic Bank Combined Total Checks $ 2,381,562.04 250-251 N/A $3,221.89 $0.00 Total EFTs $ 2,906,842.67 Grand Total $ 5,288,404.71 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: Councilmember 606,216.88 61,814.29 0.00 0.00 472.52 12,379.18 0.00 2,683.42 23,664.09 8,688.61 4,796.53 127, 028.75 4,842.78 2,682.07 0.00 1,023.53 19,119.05 0.00 1,110.50 0.00 0.00 67,516.53 10,601.44 0.00 397,764.83 986, 930.10 31, 229.01 15,532.23 206, 807.36 0.00 516,534.63 7,472.62 2,171,493.76 $ 5,288,404.71 Page 11 of 108 Claims Bank Payroll Bank Check Numbers 209884-210221 49205-49294 Total Check Amount $2,290,016.65 $91,545.39 Electronic Transfer Numbers 810181-810246 30094320-30095290 810262-810306 810312-810388 810391-810392 810394-810758 Total EFT Amount $1,663,629.03 $1,239,991.75 Councilmember Gen'I Bank Electronic Bank Combined Total Checks $ 2,381,562.04 250-251 N/A $3,221.89 $0.00 Total EFTs $ 2,906,842.67 Grand Total $ 5,288,404.71 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: Councilmember 606,216.88 61,814.29 0.00 0.00 472.52 12,379.18 0.00 2,683.42 23,664.09 8,688.61 4,796.53 127, 028.75 4,842.78 2,682.07 0.00 1,023.53 19,119.05 0.00 1,110.50 0.00 0.00 67,516.53 10,601.44 0.00 397,764.83 986, 930.10 31, 229.01 15,532.23 206, 807.36 0.00 516,534.63 7,472.62 2,171,493.76 $ 5,288,404.71 Page 11 of 108 AGENDA REPORT FOR: City Council May 25, 2016 TO: Dave Zabell, City Manager Regular Meeting: 6/6/16 Ahmad Qayoumi, Public Works Director FROM: Dan Ford, City Engineer Public Works SUBJECT: Increased CIP Spending Authority for the Primary Clarifier Upgrade Project I. REFERENCE(S): Vicinity Map IL ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to approve the increased CIP spending authority for the Primary Clarifier Upgrade Project and allocate the funds in the 2013/2015 bond for water and sewer. III. FISCAL IMPACT: 2013/2015 Water and Sewer Bond - $663,253 Current Total Budget - $4,800,255 Requested Allocation - $663,253 Total Requested Budget - $5,463,508 The funds are available in the 2013/2015 bond for water and sewer projects to cover this increased amount and will need to be allocated to this project. IV. HISTORY AND FACTS BRIEF: In Spring of 2014, the City Council adopted the City's Sanitary Sewer Master Plan. The Plan identifies strategies and outlines the capital improvement to address current and future needs. One of the high priority projects is construction of an additional primary clarifier. The existing clarifiers are nearing design capacity and a third primary clarifier is needed in order to meet the future growth within the system. This is the first phase of improvements to increase the capacity of the wastewater treatment plant from its current 7 million gallons a day (MGD) to 12 MGD. Page 12 of 108 In May 2014 and March 2015, the City Council awarded a Professional Services Agreement to HDR in the amount of $298,000 to complete the design of a primary clarifier and primary pump room. The Construction contract for the project was advertised in the newspaper on April 5 and April 12, 2015. Clearwater Construction & Management was the lowest responsible bidder at $4,634,287.80. Council approved this contract on August 3, 2015. The Construction Management and Inspection Services contract was advertised in the newspaper on July 19 and July 26, 2015 with the submittal of the consultant's qualifications due August 11, 2015. Four submittals were received from consulting firms. Gray & Osborne, Inc. was unanimously selected by the selection committee. A Professional Services Agreement was signed on September 23, 2015 for $293,740 with the understanding that a portion of the construction management would be completed by City Staff. V. DISCUSSION: Additional expenses for this project, in excess of what was originally budgeted, include change orders during the construction, additional scope added to the construction management services, and assistance from the design consultant to answer design intent questions during the construction. This cost increase is largely due to the complexity of this project. The City has saved $51,013 through value engineering options identified by the construction company during the construction of this project. The funds are available in the 2013/2015 bond for water and sewer projects to cover this increased amount and will need to be allocated to this project. Staff recommends approving the increased spending authority for the primary clarifier upgrade project. This item was discussed at the May 23, 2016 Council Workshop. Page 13 of 108 ISSUE GATE OESCXpTpN Y0.WECT -- Procese Mechanical J. ZPMIer PRIMARY CLARIFIER 'I oil a UPGRADE OVERALL ISOMETRIC VIEW -- s.�elua o. zehner [�Irtea melrwm. i. rcoeoP IMN aeTign eea/oc J. Keen qqww ruExnME :K ® uuE v^ OOZ-01 ISSUE GATE OESCXpTpN Y0.WECT -7a MYPI rPROPOSED LOCATION OF NEW PRIMARY CLARIFIER cri 0 C) 00 AGENDA REPORT FOR: City Council May 25, 2016 TO: Dave Zabell, City Manager Regular Meeting: 6/6/16 Ahmad Qayoumi, Public Works Director FROM: Dan Ford, City Engineer Public Works SUBJECT: Amendment Number 1 to the Professional Services Agreement for the Construction Management and Inspection Services for the Primary Clarifier Upgrade Project I. REFERENCE(S): Vicinity Map Professional Services Agreement Summary II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to approve Amendment Number 1 to the Professional Services Agreement for the Construction Management and Inspection Services for the Primary Clarifier Upgrade Project with Gray & Osborne, Inc. and further, authorize the City Manager to execute the agreement. III. FISCAL IMPACT: Water and Sewer Bond - $197,421 Original PSA - $293,740 Amendment - $197,421 Total contract - $491,161 An increase in the total budget is not required for this contract amendment. IV. HISTORY AND FACTS BRIEF: In Spring of 2014, the City Council adopted the City's Sanitary Sewer Master Plan. The Plan identifies strategies and outlines the capital improvement to address current and future needs. One of the high priority projects is construction of an additional primary clarifier. The existing clarifiers are nearing design capacity and a third primary clarifier is needed in order to meet the future growth within the system. This is the first Page 16 of 108 phase of improvements to increase the capacity of the wastewater treatment plant from its current 7 million gallons a day (MGD) to 12 MGD. In May 2014 and March 2015, the City Council awarded a Professional Services Agreement to HDR in the amount of $298,000 to complete the design of a primary clarifier and primary pump room. The Construction contract for the project was advertised in the newspaper on April 5 and April 12, 2015. Clearwater Construction & Management was the lowest responsible bidder at $4,634,287.80. Council approved this contract on August 3, 2015. The Construction Management and Inspection Services contract was advertised in the newspaper on July 19 and July 26, 2015 with the submittal of the consultant's qualifications due August 11, 2015. Four submittals were received from consulting firms. Gray & Osborne, Inc. was unanimously selected by the selection committee. A Professional Services Agreement was signed on September 23, 2015 for $293,740 with the understanding that a portion of the construction management would be completed by City Staff. V. DISCUSSION: Staff with a role managing sewer operations and engineering have been involved throughout the project design and scope for input and training. Our goal included determining how much of the project management and inspection can be completed in- house. Upgrade construction projects happen infrequently at wastewater treatment plants and involve very specialized construction. Since the project is so specialized, its management and inspection also requires specialized training and experience. Therefore, portions of the project are outside of staff expertise. The assistance of a consultant whose expertise is the design and construction of wastewater treatment plants is needed and would greatly benefit this project. Originally it was intended that the City would manage a portion of the construction management in-house. Due to staffing constraints, this work in its entirety is no longer able to be performed internally. This scope of work includes updating the O&M manual, reviewing submittals for programming the programmable logic controller (PLC) and assistance with startup and troubleshooting, reviewing submittals of equipment O&M manuals, preparing record drawings, and continuing construction inspection. This scope also includes design assistance related to change orders that have occurred during the construction. An increase in the total budget is not required for this contract amendment. Page 17 of 108 Staff recommends the approval of the amendment number 1 to the Professional Service Agreement with Gray & Osborne, Inc. This item was discussed at the May 23, 2016 Council Workshop. Page 18 of 108 ISSUE GATE OESCXpTpN Y0.WECT -- Procese Mechanical J. ZPMIer PRIMARY CLARIFIER 'I oil a UPGRADE OVERALL ISOMETRIC VIEW -- s.�elua o. zehner [�Irtea melrwm. i. rcoeoP IMN aeTign eea/oc J. Keen qqww ruExnME :K ® uuE v^ OOZ-01 ISSUE GATE OESCXpTpN Y0.WECT /rl r 7C dg 4a is w ! 17 - + r •STT �•.+��' m � ir i i h rPROPOSED LOCATION OF EW PRIMARY CLARIFIER ,1 N O O O 00 Professional Services Agreement (Summary Sheet) Project: Construction Management & Inspection Services of Primary Clarifier Upgrade Project Consultant: Gray & Osborne, Inc. Address: 107 S. 3rd Street, Yakima, WA 98901 Scope of Services: To provide Construction Management and Inspection Services during the construction of the primary clarifier upgrades. Term: Completion Date: to be determined based on Construction Schedule Payments to Consultant: ❑ Hourly Rate: $ ❑ Fixed Sum of. $ ® Other: not to exceed $491,161 Insurance to be Provided: 1. Commercial General Liability: ❑ $1,000,000 each occurrence; ❑ $2,000,000 general aggregate; or ® $1,000,000 each occurrence; and $2,000,000 general aggregate 2. Professional Liability: ® $1,000,000 per claim; ❑ $1,000,000 policy aggregate limit; or ❑ $ per claim; and $ per policy aggregate limit Other Information: Signature by: ❑ Mayor 0 City Manager Page 21 of 108 AGENDA REPORT FOR: City Council May 25, 2016 TO: Dave Zabell, City Manager Regular Meeting: 6/6/16 Ahmad Qayoumi, Public Works Director FROM: Dan Ford, City Engineer Public Works SUBJECT: Amendment Number 1 to the Professional Services Agreement for the Wastewater System Impact Assessment - Phase I I. REFERENCE(S): Vicinity Map MSA Request for Extension Letter Professional Services Agreement Summary Sheet II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to approve Amendment Number 1 to the Professional Services Agreement for the Wastewater System Impact Assessment - Phase I with MSA and further, authorize the City Manager to execute the agreement. III. FISCAL IMPACT: Utility Fund (Sewer) - Not to exceed $76,513 Contract funding will be paid from the 2016 Utility Fund (Sewer) ending fund balance. IV. HISTORY AND FACTS BRIEF: In spring of 2014, the City Council adopted the City's Sanitary Sewer Master Plan. The Plan identifies strategies and outlines future capital improvements necessary to address current and future flow and loading to the Wastewater Treatment Plant (WWTP). The Department of Ecology (Ecology) previously issued an order delegating management of the industrial permitting and pretreatment to the City; a role Ecology has historically served. In the months following Ecology's Order, the City worked to prepare and adopt ordinances and developed a program to implement this new regulatory responsibility. The adopted Pretreatment Ordinance establishes limits and outlines other requirements for discharge of Biochemical Oxygen Demand (BOD), Page 22 of 108 Soluble BOD and other constitutes. Additionally, the WWTP began experiencing high levels of BOD and Soluble BOD inflow in 2014. This additional loading to the system has resulted in operational challenges and concerns. While the Sanitary Sewer Master Plan is a necessary and valuable planning tool, the document takes a very high level view in terms of day-to-day operation. The changes in loading to the WWTP, regulatory responsibilities, and implementation of the pretreatment program necessitate a much more targeted assessment of the WWTP processes and control of organic loading to the WWTP. The recommended technical assessment will focus on the optimization of plant operations, control of plant loadings, and compliance with the National Pollutant Discharge Elimination System (NPDES) permit requirements. While the higher loadings of BOD and Soluble BOD to the WWTP are a relatively recent occurrence, as an agricultural processing hub, the City anticipates their continuation until such flows can be diverted to the Process Water Reuse Facility (PWRF). Conducting the proposed assessment is a proactive step that will ultimately expedite actions necessary in the near future to optimize pretreatment efforts and optimize the operation of the WWTP. One such example is the possibility of partnering with industrial users on public/private joint improvements for the pretreatment process. As a relevant side note, Ecology's approval of the City's Sanitary Sewer Master Plan was predicated on the condition that the City ultimately discontinue the discharge of food processing wastewater to the municipal WWTP and divert it to the PWRF. Staff is working with Ecology to develop a master plan to pave the way to connect the current and future processors to the PWRF. V. DISCUSSION: The City contracted with Murray Smith & Associates (MSA) in May 2015 to conduct a specialized assessment of the WWTP. MSA and the City had developed a work plan that was intended to investigate the fluctuating wastewater flows to (1) help reduce the impacts in the short-term and (2) evaluate alternatives and select improvements to address impacts in the long-term. To accomplish these goals requires three distinct project phases. MSA's scoping includes the following major milestones: Phase 1 — Short-term impact assessment and mitigation options. Phase 2 — Long-term impact assessment and needs. Phase 3 — Long-term alternatives analysis and planning. The original scope of the Phase 1 — Short -Term Impact Assessment and Mitigation Options included the assumption that a portion of food processor's wastewater would be diverted to the PWRF. Due to limited capacity at the PWRF, the portion of the Page 23 of 108 wastewater was not diverted; thus affecting the results of the assessment and the recommended mitigation options. With this change in scope, MSA required additional funds to recreate the assessment and provide alternate mitigation options. Staff recommends approval of the Amendment Number 1 to the Professional Services Agreement with MSA which covers Phase 1 work, completion of a short-term impact assessment, and mitigation options. This item was discussed at the May 23, 2016 Council Workshop. Page 24 of 108 �` * - o T_ , app Am LT - Uk " D +4 rt - City of Pasco Wastewater Treatment Plant t i FE Pasco City of Pasco Wastewater Treatment Plant F ken hewi { r w MSA h11>rmy, Smith & AsWates, Inc. �elS�iaM Ene[s 345 MhUeCourt, Suite 230 Boise. ID 83706-3943 PHONE208.947.9033 FU208.996S]01 15-1681 December 21, 2015 Ms. Leah Fisk Associate Engineer City of Pasco — Public Works Department 525 N Third Street Pasco, WA 99301 Re: Contract Amendment Dear Leah: As requested, I am sending you this letter to document the additional budget needs for our work on the Short -Term Wastewater System Impact Assessment project. When we initiated this work, we were told that roughly 30% of the flow from Grimmway Farms would be diverted to the City's Industrial Wastewater Treatment Facility. Unfortunately, we now understand that this diversion will not occur and the majority of our analysis is already complete. Since both the City's Commercial-Kahlotus Lift Station and Municipal Wastewater Treatment Plant were already found to be near their capacity, even with the diversion, we will need to quickly redo and complete a more refined analysis in order to address handling all of Grimmway Foods' flow and load in 2016. Since Grimmway Foods will start discharging wastewater as early as mid-June, we will proceed immediately with updating our analysis in an effort to complete it in time for the City to implement any short-term improvements that may be necessary. To cover this additional work, we have estimated that roughly $25,000 to $30,000 of additional budget will be necessary. In order to mitigate the additional costs some, we propose to present our analysis results via PowerPoint presentation in lieu of the previously scoped technical memoranda. If you have any concerns or comments regarding this additional work and the required budget amendment, please let me know. Sincerely, MURRAY, SMITH & ASSOCIATES, INC. Craig B / / ArTdderson, P.E. Principal Engineer Page 26 of 108 Professional Services Agreement (Summary Sheet) Project: Short-term Wastewater System Impact Assessment Consultant: Murray, Smith & Associates, Inc. Address: 601 Union Street, Suite 622, Seattle, WA 98101 Scope of Services: To evaluate the short-term impact on the City's wastewater treatment plant and sewer collection system due to additional wastewater flows from industrial users and provide mitieation obtions. Term: Completion Date: December 31, 2016 Payments to Consultant: ❑ Hourly Rate: $ ❑ Fixed Sum o£ $ 0 Other: Not to exceed $76.513 Insurance to be Provided: 1. Commercial General Liability: ❑ $1,000,000 each occurrence; ❑ $2,000,000 general aggregate; or 0 $1,000,000 each occurrence; and $2,000,000 general aggregate 2. Professional Liability: ❑ $1,000,000 per claim; ❑ $1,000,000 policy aggregate limit; or 0 $1,000,000 per claim; and $2,000,000 per policy aggregate limit Other Information: Signature by: ❑ Mayor ® City Manager Page 27 of 108 AGENDA REPORT FOR: City Council TO: Dave Zabell, City Manager FROM: Stan Strebel, Deputy City Manager SUBJECT: TRAC Advisory Board Appointment I. REFERENCE(S): May 27, 2016 Regular Meeting: 6/6/16 IL ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to concur in the Mayor's reappointment of Carl Leth to a three-year term on the TRAC Advisory Board (term to expire July 1, 2019). III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: The City entered into an Interlocal Agreement with Franklin County in 1993 providing for the joint development of the TRAC Facility. The agreement provides for a TRAC Advisory Board, composed of seven members, to advise the County Commission regarding all aspects of the TRAC Facility (financial, operational, etc.). The advisory committee is to be composed of three members residing outside of Pasco but within Franklin County and appointed by the County Commissioners; three members residing within the City of Pasco and appointed by the City Council; a seventh member selected by mutual agreement of the six appointed Advisory Board members. The City representatives on the TRAC Advisory Board have historically been two Councilmembers and a Pasco citizen. In July 2013, Carl Leth was appointed by Council to represent the City of Pasco. V. DISCUSSION: Mayor Watkins requests Council's concurrence in his reappointment of Carl Leth to the TRAC Advisory Board. Page 28 of 108 AGENDA REPORT FOR: City Council TO: Dave Zabell, City Manager Rick White, Director Community & Economic Development FROM: Dave McDonald, City Planner Community & Economic Development SUBJECT: Final Plat: Willow Vista (MF# FP 2016-006) I. REFERENCE(S): Overview Map Vicinity Map Final Plat May 29, 2016 Regular Meeting: 6/6/16 IL ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to approve the Final Plat for Willow Vista. III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: The preliminary plat for Willow Vista was approved by the Council in November of 2015. The plat was originally called Road 84 Estates. For marketing reasons the name on the final plat has been changed to Willow Vista. The Willow Vista subdivision is a single-family residential development located on Road 84 directly south of Livingston elementary School. The subdivision contains 16 single-family lots and is in the RS 20 Zoning District. 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 provided the City with a bond in an Page 29 of 108 amount sufficient ($220,000.00) to cover the costs of the outstanding improvements. The final plat shows and contains information on primary control points, tract boundaries, dimensions, bearings, lot numbers and other necessary survey data. In addition, the plat contains the required descriptions, dedication and acknowledgment and approval sections. Page 30 of 108 w Vicinity Map ��!_✓7 - RICHA_RDSON R� Item: Willow Vista Final Plat Applicant: Roger Wright File #: FP 2016-006 i I Y AM 4. 1. a-.->.. ... ... _ CD 1 00 _ DESCRIPTION THE SOUTH 1/2. OF THE SOUTHEAST Ifo OF THE SOUTHWEST i/4 OF THE NORTHWEST 1/4 AND THE SOUTH HALF OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 114 OF THE NORTHWEST 1/4 OF SECTION 21, TOWNSHIP 9 NORTH, RANGE 29 EAST, WILLAMETTE MERIDIAN, CITY OF PASCO, FRANKLIN COUNTY, WASHINGTON CURVF. TABLF CURVE LENGTH RADIIJS A C1 32.15' 20.6,1' D2'07'b8' C2 31.0i' 20.00 89'06'68.' C3 31.29' 20.00' 89'38'40- 9'38'40"C4 C 4008' 70.Od 9 i'F74'06" 335.80 335.82 1331..32 ".331.33 THF FINAI PIAT 0'T WILLOW VISTA THE N.W. 1/4 OF SEC. 21, 1.09N., R,29E., W.M., CITY OF PASCO, -RANKLIN COUNIw, 111:4SHINGIGN �nrn17-r cK L17T 1 SHORT PLAT 2515 ROAD 54 L° 3 APPARENT FENCE ENOROACHMENT 201 C-15 ' RUTH LIVIsiGSTON ELEMENTARY SCHOOL SH9RT PLAT P_I.G. #115412049 2616-1s �oT 2 OF 2.86' HURT PLAT 569° 33' 26"W SOT 34'53V 2013-15 5' X 50' FCID EASM£NT ` 664.96' 684.43'C11 159.36' 156.39' 158.39' 15829 158.64' 158.60 158.55' 159.11' 3© OT S LOT 1 w LOT 2 211 78 ;QP w I C:T n N -0T 5 ,L1 I17 5 w LOT 7 w' ~ %1118 S F'1 "e 21 tis SBFT 21117 SOFT 21 717 SQFT `m - LOT 8 `j 2n04 seri g _ f 1 "�� f 1 _ C _�2tit7 sarl _ a 2110$ scF1 >� rs P.E. z P,F, z! P.E. P.E. a 138.82'. 156.69' 158.51 158.42' 158.36 158:32' 158.27' F 139.81' z a o r � ' BAYBERRY DRIVE BAYBERRY DRIVE 30� $`gym, T., z R `9 30' N69° 35' 41'E 30' DEDICATED RIGHT OF WAY 1829'15 DEDICATED RIGHT OF WAY 30' o �' LL w U [SMNL NI Z O 0. p a. 139,86' 158.62' 158.61' j 158.83' 158 49' 158.35' 158.2U 38 36 N w LC" LOT '1p - LOT 11 �I For 12. - LOT 73 LCT 11 N u'� LOT 15 r „� LOT 18 w C) �., <+I d, !" 21085 SOFT `" - 21086 SOP 31(]$t Sr,P 21085 SQP 21086 SG`T N ty 21086 SOFT cuJ 71087 SOP N 21086 SOFT N Fv' c�' N z 159.04' 158.45 158.45' 158.39 - 156.55' 158.43' 158.26' 159.19 30 - --------------- - \ N89° 36' 001E N89' 36' 25-E FOUNd 518' 20' ROADIIRR EASEMENT AFA 95037 684.33' 664,42' ;BENT REBAR TO BE RELINQUISHED ' 2221 ROAD $4 22TI ROAD SO 2217 ROAD $4 i DID. #118442016 F.I.D. fj11B432C72 P.I.D, X115442025 22220 ROAD 80 Ps D f1118a41017 PLAT CLOSURE LEGEND 13'_ARIN:G DISTANCL NOR ITT SCLJI1 1 LAST WEST N 89'36'00" E 664.33 4,62- O.O0 664.31 0.00 N ?9°38'ZS" E 664.42 4,17 0.00 664.41 0,00 IN 00°27'28' W 327.00 326,99 0.00 2.61 0.00 S 89'34'53" W 664.90 0.00 486 0.00 654.86 S 89'33'26" W 664.43 0.00 5.13 0.00 664.15 S 00'24'15" W 325.84 0.00 325.83 0.00 2.30 335.80 335.82 1331..32 ".331.33 THF FINAI PIAT 0'T WILLOW VISTA THE N.W. 1/4 OF SEC. 21, 1.09N., R,29E., W.M., CITY OF PASCO, -RANKLIN COUNIw, 111:4SHINGIGN �nrn17-r cK L17T 1 SHORT PLAT 2515 ROAD 54 L° 3 APPARENT FENCE ENOROACHMENT 201 C-15 ' RUTH LIVIsiGSTON ELEMENTARY SCHOOL SH9RT PLAT P_I.G. #115412049 2616-1s �oT 2 OF 2.86' HURT PLAT 569° 33' 26"W SOT 34'53V 2013-15 5' X 50' FCID EASM£NT ` 664.96' 684.43'C11 159.36' 156.39' 158.39' 15829 158.64' 158.60 158.55' 159.11' 3© OT S LOT 1 w LOT 2 211 78 ;QP w I C:T n N -0T 5 ,L1 I17 5 w LOT 7 w' ~ %1118 S F'1 "e 21 tis SBFT 21117 SOFT 21 717 SQFT `m - LOT 8 `j 2n04 seri g _ f 1 "�� f 1 _ C _�2tit7 sarl _ a 2110$ scF1 >� rs P.E. z P,F, z! P.E. P.E. a 138.82'. 156.69' 158.51 158.42' 158.36 158:32' 158.27' F 139.81' z a o r � ' BAYBERRY DRIVE BAYBERRY DRIVE 30� $`gym, T., z R `9 30' N69° 35' 41'E 30' DEDICATED RIGHT OF WAY 1829'15 DEDICATED RIGHT OF WAY 30' o �' LL w U [SMNL NI Z O 0. p a. 139,86' 158.62' 158.61' j 158.83' 158 49' 158.35' 158.2U 38 36 N w LC" LOT '1p - LOT 11 �I For 12. - LOT 73 LCT 11 N u'� LOT 15 r „� LOT 18 w C) �., <+I d, !" 21085 SOFT `" - 21086 SOP 31(]$t Sr,P 21085 SQP 21086 SG`T N ty 21086 SOFT cuJ 71087 SOP N 21086 SOFT N Fv' c�' N z 159.04' 158.45 158.45' 158.39 - 156.55' 158.43' 158.26' 159.19 30 - --------------- - \ N89° 36' 001E N89' 36' 25-E FOUNd 518' 20' ROADIIRR EASEMENT AFA 95037 684.33' 664,42' ;BENT REBAR TO BE RELINQUISHED ' 2221 ROAD $4 22TI ROAD SO 2217 ROAD $4 i DID. #118442016 F.I.D. fj11B432C72 P.I.D, X115442025 22220 ROAD 80 Ps D f1118a41017 LEGEND - scr ,n:' REBAR w� f�E€N PLAs„c cPP {H; ,.no SURVEYOR'S S CERTIFCA IE u.kEDD a u,E,iEwS g41g' uEASLRED Fl.LE 1' Igg' E Y A - XT �' ED S' PRNCO 'P9414 i ETON. 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DnWT I -I TaTMnnK� - ITE, All III on - (5� T 1 D DUS INS,RUupN1 ON ATEA Irl, ITHAI Au �UDR.[PD Tp UET'i EM11.:E "I INSTRw¢NT .1 TTU PC TNG IRGE -1 . NTA.Rv AC UP SUES O._ ICI THE USES I'D "EIFolEs. NEu,ICT+£P P, TNI ACKNOWLEDGMENT s.att o� cUtwT♦ u nw CRN :ATI cTDRx FNDEIOF ,NAT RIX'iER G. -T AND RR'El' pp wmDNS NIs ON iuT;S....... LLC, r III INE ERSTdaS AND APPEARED DETORi NE, AND 1A,o- SR5DN5—STAAyED5C5. TUNI E INSTNUNENT AND aCNu PA,ED: NDT.Rr SSAUP I utACR NR .vtx J J RLICI us OIL' NLr SURVEYOR'S CERTIFICATE: 1 1IANM PE2pJC,Cr,C�saTUTHENFLAT OF�LLGV V.Sl4' AS SNC ER 5 DA P PN A, AC U. FTEID SURRE OF• E ANO I" bON. PC SC ESD, up T ALL COURSES III PIS C_CADS OC..RECRx M J A. IA, IS 5 p ON re 11 TE, DARRELL A. SCA."" ISNB R DA'C THE FINAL PLAT `)` WILLOW =WILLOW VISTA THE N.W. 1/4 OF SEC. 21, 1.09N., R.29E„ CITY OF PASCO, =RANKLIN COUNT', WASHINGTON IICTE I . AUDP._S5E5 — BE DfTERM:NEO ex EBE urx AMEN VVILDINO KRNOE ARE ISMD- N1111111 - DN 4RLl ' Cx RP.M.D. ANP INs O S,XLUNG AL1., TTR CFSTRIRUT.DN ""I ` ,CCCRDANCE ITU POD SccIR�ceT�piU21U D111 L OR rMPAN' EI 'TF.NCAIN T. ANp VRLI ASENEA'IS —11 `'D PUD 0-5T ''071- ANI CONN£C,IOR OE PAll ELEC11CAL St -CL 1TO C, .IH IN W RL.V FPAINKLIN CGUN-Y IPRIGATION DISTRICT APPROVAL SERER'+ CfREF• -U - -- - ERANxLIN LWrTr •RRIGA-. IT," ETPI_Tr IUAi NIN€uD Tx EASCNtN�sxruwA CN - - ERVE q LOTS SO— UERECN. I '1ST-tR L -ry U- -II�SC TO, m - A- BE THE OPERA"SON 1111nN6 RECULA TIOkS DI , ts1R[.[ n Iet£u_Nr5 IF DO. SR 1,..10 IND ,I IAT ILL .SSESSNCNTS II.1 REEI B.1, wo IrvE ��7F112� Dr.A IDA -113 CWR.IY IRRIGA— OlSTRICT 'ATE APPPGVALS PE NNEx[D PLAT '. 1PP OMDO BY ARP .TPR ISO. III' PE Rn5LD CNcwC€R DATE ..,x . OU, c PAsw EMIE LIERR, LITT' LF rAEt. D.TE PLAN— CO— CHA.xu,N 54,, URA — =NTv imuTY D15TRIGi DATE —R7A>L1RER'5 CERTfFICATE NERrRr ITRTIE..NAT -.E - 5R PAD P ANI INCLUDNG ,NC KAx_ANE'R B_UA.P.A(.RXRCEL N9EDI�6 p P IRANx4N' O -Ill TREASI.IaE.s DATE TffN CCP_ ASSESSOR 9AT€ IN EY ,MSEC 1 T. 1 AGENDA REPORT FOR: City Council TO: Dave Zabell, City Manager Rick White, Director Community & Economic Development FROM: Dave McDonald, City Planner Community & Economic Development SUBJECT: Annexation: Barker Annexation (MF# ANX 2016-002) I. REFERENCE(S): Overview Map Vicinity Map Notice of Intent to Commence Annexation May 25, 2016 Regular Meeting: 6/6/16 II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to set 7:00 pm, June 20, 2016 as the time and date for a public meeting to consider the Barker Notice of Intent to annex 119 acres located west of Broadmoor Boulevard and north of Power Line Road. III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: The owners of approximately 119 acres of property located west of Broadmoor Boulevard and north of Power Line Road have filed a Notice of Intent to Commence Annexation. The Notice of Intent has been reviewed by staff, and has been determined to contain sufficient signatures to initiate the annexation process. Notices of Intent are required to contain the signatures of property owners representing at least 10 percent of the assessed value of an area proposed for annexation. In this case, the Notice of Intent contains the signatures of owners representing approximately 95 percent of the assessed value within the proposed annexation area. Page 35 of 108 V. DISCUSSION: The petition method of annexation requires the Council to set a date for a public meeting within sixty days of receipt of a notice of intent to begin annexation proceedings. The first available date for a public meeting with the petitioners would be June 20, 2016. Page 36 of 108 Vicinit Item: Bums Rd. & Broadmoor Blvd. Area Annexation Y Applicant: Barker Family W + Map File #: ANX 2016-002 Urban Growth Boundary SITE M �TT��T City Limits BURNS RD TPOWEI NOTICE OF INTENTION TO COMMLNCE ANNEXATION PROCEDURES TO: The City Council of the City of Pasco 525 North Third Avenue Pasco, Washington 99301 Council Members: The undersigned, who are the owners of not less than ten percent in value, according to the assessed valuation for general taxation of the property for which annexation is sought, hereby advise the City Council of the City of Pasco that it is the desire of the undersigned owners of the following area to commence annexation proceedings. The property herein referred to is described on Exhibit "I ° attached hereto and is depicted on Exhibit "2" further attached hereto, It is requested that the City Council of the City of Pasco set a date not later than sixty days after the filing of this request for a meeting with the undersigned to detcrminc; (1) Whether the City Council will accept the proposed annexation; and, (2) Whether the City Council will require the assumption of existing City indebtedness by the area to be annexed; and, (3) Whether the City Council will require simultaneous zoning. This page is one of a group of pages containing identical text material and is intended by the signers of this Notice of Intention to be presented and considered as one Notice of Intention and may be filed with other pages containing additional signatures which cumulatively may be considered as a single Notice of Intention. Page 39 of 108 I. Please print your name in addition to signing. NAME ADDRESS LATE AMEL�} T 3,`rcA lR c -i leznd, toy4 �935q ,�/ 6112-011 Page 40 of 108 Affidavit ofSign attere for Annexation Petition Under the penalty of perjury, I declare tender oath, that I am authorized to sign deeds and encumbrances on behalf of the Barker Testamentary "frust and I am further authorized to sign other documents including Annexation Petitions, Signature State of Washington } ): ss. County of �IAXLN. ) Date I certify that I know or have satisfactory evidence that PMIo -Snob L� 5 is the person who appeared before me, and said person acknowledged that (he/she) signed this inStrurrrent, on oath stated the t (lie/she) was authorised to execute the instrument and acknowledged it as the {�p ; } ,,T of � ,,Tel y be the free and voluntary act of such party for the uses and purposes rnentioned in the instrument. �Yus 4 - Given under nay hand and off ficial seal its day of vZid f NOTARY PUBLIC in and for ik state of WashiilgLun Residing at��l��fy4 fTT__.._...._._ My Commission t.xpires: FLS `�•'•� r ,e0 �o �e s� tl O \\\\ Page 41 of 108 Affidavit of Signature for Annexation Notice of Intent and Petition Under the penalty of perjury, I declare under oath, that I am authorized to sign deeds and encumbrances on behalf of the Joyce Barker Estate and I am further authorized to sign other documents including Annexation Petitions. Date State of Washington ) ): ss. County ofd! } ',/ 6/� I� I certify that I know or have satisfactory evidence that �iu�i�Pf`�k`fceis the person who appeared before me, and said person acknowledged that (he/she) signed this instrument, on oath stated that (he/she) was authorized to exec�to the instrument and acknowledged it as the_-ceel'ix�✓ of �/ � - . to be the free and voluntary act of such party for the uses and purposes t ntioned in the instrument. Given under my hand and official seal)is (D)�-4 day of State of Washington NOTARY PUBLIC Kelly A. Baker-Yalowicki My Commission Expires February 1, 21719 7es FARYPUBLIC; in,and for tip to of iding at: My Commission Expires: 101 Page 42 of 108 EXHIBIT "1" Annexation Legal Beginning at the northwest corner of the southeast quarter of Section 6, Township 9 North, Range 29 East, WM; Thence southerly along the west line of said quarter section to the intersection with the north right-of-way line of Burns Road; Thence southerly along the southerly projection of the west line of said quarter section to the intersection with the south right-of-way line of Burns Road; Thence easterly along the south right-of- way line of Burns Road to the intersection with the southerly projection of the west line of the southeast quarter of the southeast quarter of Section 6, Township 9 North, Range 29 East, WM; Thence northerly along said projection to the intersection with the north right-of-way line of Burns Road; Thence northerly along the west line of the southeast quarter of the southeast quarter of Section 6, Township 9 North, Range 29 East, WM to the north line of the southeast quarter of the southeast quarter of Section 6, Township 9 North, Range 29 East; Thence easterly along said north line to the intersection with the west right-of-way line of Road IOU; Thence northerly along the west right-of-way line of Road 106 to the intersection with the southerly most point of Farm Unit 77, Irrigation Block 1; Thence north and west along the westerly line of Farm Bloch Unit 77, Irrigation Block 1 to the intersection with the north line of the southeast quarter of Section 6, Township 9 North, Range 29 East, WM; Thence westerly along said north line to the point of beginning. Page 43 of 108 I ff - 2 Borkr Ann/ton AGENDA REPORT FOR: City Council May 25, 2016 TO: Dave Zabell, City Manager Regular Meeting: 6/6/16 Rick White, Director Community & Economic Development FROM: Dave McDonald, City Planner Community & Economic Development SUBJECT: Street Vacation: A portion of Duluth St. (MF# VAC 2016-008) I. REFERENCE(S): Overview Map Vicinity Map Proposed Resolution Vacation Petition II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to approve Resolution No. , a resolution setting 7:00 P.M., Tuesday, July 5, 2016, as the time and date to conduct a public hearing to consider vacating a portion of Duluth Street. III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: Property owners within Blocks 7 and 16 of the Freys Addition have petitioned for the vacation of that portion of Duluth Street adjacent to their property. One of the petitioners plans to submitted a building permit application for an 11,000 square foot building in June of this year. The petition requires the City Council to fix a public hearing to consider the vacation request. The earliest regular City Council meeting available for a public hearing, which provides the statutory 20 -day hearing notice, is July 5, 2016. V. DISCUSSION: Page 45 of 108 Duluth Street is one of the streets identified for vacation in the Circulation Plan for the Oregon Avenue Corridor. The westerly 328 feet of Duluth Street between Utah Avenue and California Avenue was vacated in June of 2015. Page 46 of 108 Overview Item: Portion of Duluth Street Map Applicant: Don & Christine Barnes N File #. VAC 2016-008 PW LU QAt _ p LLJ F ' -- SREP-PARD ST - �' :' k Y w o HIGHLAND ST - 1- N� SITE Y PARK VIEW BLV LU D LLJ Q W S BROADWAY_BLVD r 0 ..� , \\ ' �y ♦gyp, , "`..r a. i ! ' � - N i �r t G ADELIA ST �Pr1 ,� w O* ' a E ADELIA MC -T r° Vicinity Item: Portion of Duluth Street Map Applicant: Don & Christine Barnes N File #: VAC 2016-008 ® "Z- IF Z- O I VO SITE MI-- 7Z 4y SP . 00 A, 0 CITY OF PASCC STREET/ALLEY VACATION PETITION FEE $200 MASTER FILE # -CVO DATE SUBMITTED: 1, we the undersigned, owners of two-thirds of the privately owned abutting property hereby petition the City Council of the City of Pasco to vacate the following described street f alley rights-of-way: Pa•SCo . APPLICANT: PROPERTY OWNED (Legal Description) Print Name: ;aon� Glw;�{:�;_+�c�•�..rts �ncic `T__ frg�'sn,7 Sign Name:"��.--� � ,4P.t1 rr3-So3-d�2 Address: ZGI6 5. Keno S ..a.�zf� ai3-So3�pzy Phone # 50-551-598,4 Date 5-5-I6> Print Name: JaL,., L ;M; Loci, 16 - Yr-e'S ADD Q.��.f 4r3-Saz-�b6 Sign Name: f 0 3- 9;Oz - 15-7 s�3-5aZ-o77 Date .S'`--16 ,�3-5oz-o86 Print Name: Sign Name: Date Page 49 of 108 RESOLUTION NO. A RESOLUTION SETTING 7:00 PM, TUESDAY, JULY 5, 2016 AS THE TIME AND DATE TO CONDUCT A PUBLIC HEARING TO CONSIDER VACATING A PORTION OF DULUTH STREET. WHEREAS, from time to time in response to petitions or in cases where it serves the general interest of the City, the City Council may vacate easements; and WHEREAS, R.C.W. 35.79 requires public hearings on vacations to be fixed by Resolution, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO: That a public hearing to consider vacating that portion of Duluth Street between Blocks 7 and 16 Freys Addition, will be held before the City Council of the City of Pasco in the Council Chambers at 525 N. Third Avenue, Pasco, Washington, at the hour of 7:00 p.m., on July 5, 2016. That the City Clerk of the City of Pasco give notice of said public hearing as required by law. Passed by the City Council of the City of Pasco this 6th day of June, 2016. Matt Watkins Mayor ATTEST: Debra L. Clark, City Clerk APPROVED AS TO FORM: Leland B. Kerr City Attorney Page 50 of 108 AGENDA REPORT FOR: City Council TO: Dave Zabell, City Manager FROM: Rick Terway, Director Administrative & Community Services SUBJECT: Yard and Business of the Month Awards I. REFERENCE(S): May 26, 2016 Regular Meeting: 6/6/16 IL ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Mayor Watkins to present Certificates of Appreciation for May 2016 "Yard of the Month" and 'Business Appearance of the Month" to: Juan & Mariana Garcia, 3713 Milagro Dr. George & Janice Hunter, 204 Sun Willows Blvd. Kaleb & Brittany Harvey, 6009 Stutz Ln. Bill & Sarah Gallacher, 3604 Riesling Ct. Bagley Dental, 4904 Convention Dr. III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: V. DISCUSSION: Page 51 of 108 City ot Tmeo Certfiate of gppreciation The City Council of the City of Pasco is proud to select 3713 MILAGRo DR home of JUAN & MARIANA GARCIA "YARD OF THE MONTH" We hereby express our gratitude for your contribution toward community enrichment and quality of life by the improvements made to the natural beauty of your surroundings and serving as a good example for others. Given this 6th day of June 2016 CD .r �s, r . p • ze . ,ri 00 Matt Watkins, Mayor City ot Tom Certicate of gppreciation The City Council of the City of Pasco is proud to select 204 SUN WILLows BLVD Home of GEORGE & JANICE HUNTER "YARD OF THE MONTH" We hereby express our gratitude for your contribution toward community enrichment and quality of life by the improvements made to the natural beauty of your surroundings and serving as a good example for others. Given this 6th day of June 2016 W 0 0 0 Matt Watkins, Mayor City ot Tmeo Certtifi""cate of!7yLyreclo'ation The City Council of the City of Pasco is proud to select 6449 STUTz LN Home of KALEB & BRITTANY HARVEY "YARD OF THE MONTH" We hereby express our gratitude for your contribution toward community enrichment and quality of life by the improvements made to the natural beauty of your surroundings and serving as a good example for others. Given this 6th day of June 2016 0 0 0 Matt Watkins, Mayor City ot Paseo Cert ficate of Appreciation The City Council of the City of Pasco is proud to select 3604 RIESLING CT Home of BILL & SARAH GALLACHER "YARD OF THE MONTH" We hereby express our gratitude for your contribution toward community enrichment and quality of life by the improvements made to the natural beauty of your surroundings and serving as a good example for others. Given this 6th day of June 2016 m M Cn 0 0 0 Matt Watkins, Mayor City ot Tmeo Cerri "cate of Appreciation The City Council of the City of Pasco is proud to select 4904 CONVENTION DIS Dome of BA GLEY DENTAL BosUss OF THE MONTH APPEARANCE AWARD19 We hereby express our gratitude for your contribution toward community enrichment and quality of life by the improvements made to the natural beauty of your surroundings and serving as a good example for others. Given this 6th day of June 2016 CD`- e co Matt Watkins, Mayor AGENDA REPORT FOR: City Council TO: Dave Zabell, City Manager FROM: Bob Metzger, Police Chief Police Department SUBJECT: Police Body Cameras I. REFERENCE(S): Proposed Ordinance May 31, 2016 Regular Meeting: 6/6/16 II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to adopt Ordinance No. , authorizing the use of Body - Worn Cameras for Law Enforcement Personnel and, further, authorize publication by summary only. III. FISCAL IMPACT: N/A IV. HISTORY AND FACTS BRIEF: Over the past year, the Police Department has been reviewing the use of body cameras as part of an effort at transparency. New in -car cameras were placed in vehicles last year that are adaptable for body camera use. The concern at that time was that the use of the body camera as it relates to public records and privacy. In the 2016 legislative session, House Bill 2362, was passed into law, and authorized the deployment of body -worn video cameras and gave specific exemptions from public records laws. The caveat to this law was that for a department to fall under the exemptions outlined, a city ordinance should be in place, the department must have a policy in place, and body cameras must be used by June 9, 2016. The Department has put together a policy on body camera use (attached as Exhibit 1 to the Ordinance). The Department has also obtained a demonstration camera for use by officers from the vendor of the in -car cameras. By adopting the ordinance, having the policy in place and obtaining this demonstration camera, the Department will be in Page 57 of 108 compliance with the law and the exemptions permitted will apply. V. DISCUSSION: At this time the Department will be reviewing grants and other funding opportunities to fully implement body cameras for all patrol officers. Council will be updated on this as it moves forward. This item was discussed at the May 23 Workshop meeting. Page 58 of 108 ORDINANCE NO. AN ORDINANCE of the City of Pasco, Washington authorizing the use of Body -Worn Cameras for Law Enforcement Personnel. WHEREAS, the Washington legislature by Engrossed House Bill 2362 has authorized the use of body -worn video cameras in law enforcement and corrections agencies and provided specific regulations and exemptions for body -worn camera recordings as public records; and WHEREAS, the Washington legislature has strongly encouraged the legislative authority of each city and town to adopt an ordinance or resolution authorizing the use of body -worn cameras prior to their use by law enforcement officers; and WHEREAS, the City Council conducted a public hearing on the 6th day of June, 2016, and solicited community involvement by notices posted on the City's website and as provided to the news media inviting input into the development of operational policies governing the use of body - worn cameras; and WHEREAS, as a result of such input and investigation by City staff, the City intends to implement a program within the Pasco Police Department that deploys and utilizes body -worn video cameras and intends this Ordinance to be evidence of such intent as well as setting forth the requirements for an operational policy regulating the deployment and use of such cameras and authorizing the adoption of policy regarding the use of such cameras; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. The City of Pasco, pursuant by Engrossed House Bill 2362, authorizes the deployment by the Pasco Police Department of body -worn video cameras and to implement an operational policy regarding the use of such cameras that includes those elements as required by Section 5 of Engrossed House Bill 2362. Section 2. The initial operational policy for the deployment of body -worn cameras, as attached as Exhibit No. 1, is approved subject to future administrative changes resulting from the change in the law, case law, operational and technical requirements, and best practices. For the purpose of this Ordinance, body -worn cameras are considered deployed upon approval of the operational policy, limited, periodic use, including on a trial or pilot basis. 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 12016. Matt Watkins, Mayor ATTEST: APPROVED AS TO FORM: Debra L. Clark, City Clerk Leland B. Kerr, City Attorney Page 59 of 108 EXHIBIT 1 Pasco Police Department Policy Manual Effective Date Policy Number 05/18/2016 41 Subject Body Worn Cameras Reference By Authority of, 41.3.9 Robert Metzger, Chief of Police Distribution Review/Revision Date No. Pages All Department Personnel 05/01/2017 4 I. PURPOSE This policy is intended to provide officers with instructions on when and how to use body -worn cameras (BWCs) so that officers may reliably record their contacts with the public in accordance with the law. II. POLICY It is the policy of this department that officers shall activate the BWC when such use is appropriate to the proper performance of his or her official duties, where the recordings are consistent with this policy and law. This policy does not govern the use of surreptitious recording devices used in undercover operations. II1. PROCEDURES A. Administration This agency has adopted the use of the BWC to accomplish several objectives. The primary objectives are as follows: 1. BWCs allow for accurate documentation of police -public contacts, arrests, and critical incidents. They also serve to enhance the accuracy of officer reports and testimony in court. 2. Audio and video recordings also enhance this agency's ability to review probable cause for arrest, officer and suspect interaction, and evidence for investigative and prosecutorial purposes and to provide additional information for officer evaluation and training. 3. The BWC may also be useful in documenting crime and accident scenes or other events that include the confiscation and documentation of evidence or contraband. B. When and How to Use the BWC 1. Officers shall activate the BWC to record all contacts with citizens in the performance of official duties. Chapter - Body Worn Cameras Page 1 of 4 Page 60 of 108 EXHIBIT 1 Pasco Police Department Policy Manual 2. Whenever possible, officers should inform individuals that they are being recorded. In locations where individuals have a reasonable expectation of privacy, such as a residence, they may decline to be recorded unless the recording is being made in pursuant to an arrest or search of the residence or the individuals. The BWC shall remain activated until the event is completed in order to ensure the integrity of the recording unless the contact moves into an area restricted by this policy (see items D.1-4). 3. If an officer fails to activate the BWC, fails to record the entire contact, or interrupts the recording, the officer shall document why a recording was not made, was interrupted, or was terminated. 4. Civilians shall not be allowed to review the recordings at the scene. C. Procedures for BWC Use 1. BWC equipment is issued primarily to uniformed personnel as authorized by this agency. Officers who are assigned BWC equipment must use the equipment unless otherwise authorized by supervisory personnel. 2. Police personnel shall use only BWCs issued by this department. The BWC equipment and all data, images, video, and metadata captured, recorded, or otherwise produced by the equipment is the sole property of the agency. 3. Police personnel who are assigned BWCs must complete an agency approved and/or provided training program to ensure proper use and operations. Additional training may be required at periodic intervals to ensure the continued effective use and operation of the equipment, proper calibration and performance, and to incorporate changes, updates, or other revisions in policy and equipment. 4. BWC equipment is the responsibility of individual officers and will be used with reasonable care to ensure proper functioning. Equipment malfunctions shall be brought to the attention of the officer's supervisor as soon as possible so that a replacement unit may be procured. 5. Officers shall inspect and test the BWC prior to each shift in order to verify proper functioning and shall notify their supervisor of any problems. 6. Officers shall not edit, alter, erase, duplicate, copy, share, or otherwise distribute in any manner BWC recordings without prior written authorization and approval of the chief executive officer (CEO) or his or her designee. 7. Officers are encouraged to inform their supervisor of any recordings that may be of value for training purposes. Chapter - Body Worn Cameras Page 2 of 4 Page 61 of 108 EXHIBIT 1 Pasco Police Department Policy Manual 8. If an officer is suspected of wrongdoing or involved in an officer -involved shooting or other serious use of force, the department reserves the right to limit or restrict an officer from viewing the video file. 9. Requests for deletion of portions of the recordings (e.g., in the event of a personal recording) must be submitted in writing and approved by the chief executive officer or his or her designee in accordance with state record retention laws. All requests and final decisions shall be kept on file. 10. Officers shall note in incident, arrest, and related reports when recordings were made during the incident in question. However, BWC recordings are not a replacement for written reports. D. Restrictions on Using the BWC BWCs shall be used only in conjunction with official law enforcement duties. The BWC shall not generally be used to record: 1. Communications with other police personnel without the permission of the chief executive officer (CEO); 2. Encounters with undercover officers or confidential informants; 3. When on break or otherwise engaged in personal activities; or 4. In any location where individuals have a reasonable expectation of privacy, such as a restroom or locker room. E. Storage 1. All files' shall be securely downloaded periodically and no later than the end of each shift. Each file shall contain information related to the date, BWC identifier, and assigned officer. 2. All images and sounds recorded by the BWC are the exclusive property of this department. Accessing, copying, or releasing files for non -law enforcement purposes is strictly prohibited. 3. All access to BWC data (images, sounds, and metadata) must be specifically authorized by the CEO or his or her designee, and all access is to be audited to ensure that only authorized users are accessing the data for legitimate and authorized purposes. 1 For the purpose of this document, the term "file" refers to all sounds, images, and associated metadata. Chapter - Body Worn Cameras Page 3 of 4 Page 62 of 108 EXHIBIT 1 Pasco Police Department Policy Manual 4. Files should be securely stored in accordance with state records retention laws and no longer than useful for purposes of training or for use in an investigation or prosecution. In capital punishment prosecutions, recordings shall be kept until the offender is no longer under control of a criminal justice agency. F. Supervisory Responsibilities 1. Supervisory personnel shall ensure that officers equipped with BWC devices utilize them in accordance with policy and procedures defined herein. 2. At least on a monthly basis, supervisors will randomly review BWC recordings to ensure that the equipment is operating properly and that officers are using the devices appropriately and in accordance with policy and to identify any areas in which additional training or guidance is required. Chapter - Body Worn Cameras Page 4 of 4 Page 63 of 108 AGENDA REPORT FOR: City Council May 31, 2016 TO: Dave Zabell, City Manager Regular Meeting: 6/6/16 FROM: Stan Strebel, Deputy City Manager SUBJECT: PMC Amendment Setting Penalties for Parking Violations I. REFERENCE(S): Proposed Ordinance II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to adopt Ordinance No. , amending PMC Chapter 10.16.135 "Penalty Provisions" and Chapter 10.52.035 "Extended Unauthorized Parking Prohibited" to establish penalties for violations thereof and, further, authorize publication by summary only. III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: Council recently adopted amendments to PMC defining "parking across designated lines" and "extended unauthorized parking" as violations. The ordinance making the changes did not specify penalties for such violations which are consistent with Council's wholesale adoption of a new schedule (Class 1, Class 2 and Class 3 violations) for parking and similar violations in 2014 as Ordinance No. 4152. It is important for law enforcement and court processing of violations that penalties be classified in similar and uniform ways. The proposed ordinance addresses this need, classifying both violations as "Class 1" civil infractions and subject to a $40 penalty. V. DISCUSSION: This item was discussed at the May 23 Workshop meeting. Staff recommends adoption of the ordinance. Page 64 of 108 ORDINANCE NO. AN ORDINANCE of the City of Pasco, Washington, Amending PMC Chapter 10.16.135 "Penalty Provisions" and Chapter 10.52.035 "Extended Unauthorized Parking Prohibited" to establish penalties for violations thereof. WHEREAS, the City Council has previously determined that certain parking practices should be prohibited and codified in the Pasco Municipal Code; and WHEREAS, the Council has determined to set penalties for said prohibited practices, consistent with similar offenses; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. That Section 10.16.135 entitled "Penalty Provisions" of the Pasco Municipal Code shall be and hereby is amended and shall read as follows: 10.16.135 PENALTY PROVISIONS. (1) The penalty provisions of Chapter 308-330 WAC, are hereby adopted by reference as if set forth in full; EXCEPTION, any person found to be in violation of any provision of RCW 46.61.570 and RCW 46.61.575, which has been adopted by reference through WAC 308-330-462, WAC 308-330-430, WAC 308-330-436, WAC 308-330-433, WAC 308- 330-439, WAC 308-330-442, WAC 308-330-457, and Chapters 10.44, 10.48, 10.52, 10.56, and 10.94 of the Pasco Municipal Code shall be deemed to have committed a civil infraction and for each such violation shall be subject to a civil penalty in the amount listed below, plus court costs and statutory assessments, if any: (a) Class One. Violation of the following are subject to a maximum penalty of forty dollars ($40.00): (i) WAC 308-330-430. Improper parking in an angled slot. (j)(ii) PMC 10.48.015. Parking across designated lines. (i)iii WAC 308-330-436. Illegal parking for the purpose of displaying, advertising or selling a vehicle. (4) iv PMC 10.56.060. Overtime parking in two hour zone. (i-,�)(v) PMC 10.56.120. Overtime parking in ten minute zone. (v) vi PMC 10.56.130. Overtime parking in one hour zone. vii RCW 46.61.570(a)(i) through RCW 46.61.570(a)(x). Illegal parking in roadway, intersection, crosswalk, bridges, railroad tracks, cross overs, etc. (vii) viii RCW 46.61.570(b)(i) through RCW 46.61.570(b)(vi). Illegal parking in front of driveway, fire hydrant, where signs prohibit stopping, etc. (N, t ix RCW 46.61.570(c)(i) through RCW 46.61.570(c)(ii). Illegal parking within 50' of a railroad crossing or where official signs prohibit parking. Page 65 of 108 (ix -)(x) RCW 46.61.570(3). Pushing vehicle out into roadway. (x-) xi RCW 46.61.575(4). Stopping or standing where signs prohibit same. (*i) xii WAC 308-330-433. Obstructing road way. (xii) xiii WAC 308-330-439. Illegal parking or standing in a passenger zone. (xiii)xiv WAC 308-330-442. Illegal parking and standing in a loading zone. (xis) xv WAC 308-330-457. Illegal parking or standing at bus stops and taxi cab stands. {} xvi PMC 10.52.030(1). Allowing oil or grease to be dropped from vehicle. (moi) xvii PMC 10.52.030(2). Illegal parking of commercial vehicle on residential street. (x -vii) xviii PMC 10.52.030(3). Illegal parking of unlicensed vehicle on roadway. (xix) PMC 10.52.030(4). Illegal parking of boat, motor home, trailer, etc., on road for more than 72 hours. (xviii)(xx) PMC 10.52.035. Extended unauthorized parking_ (x -i) xxi PMC 10.52.045. Illegal parking in student loading zone. (max)xxii PMC 10.52.070. Illegal overnight parking in City lots. (b) Class Two. Violation of the following are subject to a maximum penalty of eighty dollars ($80.00): (i) RCW 46.61.570(4). Illegal blocking of road for attempting to reserve portion for exclusive use. (ii) RCW 46.61.575(1). Illegal stopping/parking on wrong side of road more than twelve (12) inches of curb on a two way road. (iii) RCW 46.61.575(2). Illegal stopping/parking more than twelve (12) inches from curb on one way road. (iv) PMC 10.44.020. Illegal roller skating, skateboarding, coaster on road way. (v) PMC 10.44.060. Illegal riding on portion of vehicle not intended for passengers. (vi) PMC 10.44.070. Illegal train operator blocks road for more than five minutes. (vii) PMC 10.44.080. Illegal cruising. (viii) PMC 10.52.020. Illegal parking in alley. (c) Class Three. Violation of the following are subject to a maximum penalty of two hundred and fifty dollars ($250.00), together with such other penalties, or greater amounts as authorized by State law; (i) PMC 10.52.080. Handicap parking violations are subject to a monetary penalty of two hundred and fifty dollars ($250.00) and, in addition, to any penalty or fine imposed under this section, two hundred dollars ($200.00) must be assessed pursuant to RCW 46.19.050. The Municipal Court may not suspend more than one-half of any fine imposed under this subsection. Title 10 "Vehicles and Traffic" Page 2 Page 66 of 108 (ii) All other violations contained within this Title not otherwise designated as misdemeanors or gross misdemeanors shall constitute infractions. Unless otherwise designated by class or amount, all violation of infractions shall be presumed to be class three infractions and subject to the maximum penalty of two hundred and fifty dollars ($250.00), or such additional penalties in such greater amounts as provided by State law. (2) Failure to respond within fifteen (15) days shall result in an additional monetary penalty of twenty-five dollars ($25.00) which shall be due and owing. (3) Each day that a violation continues or each time a violation continues past a parking limitation period or portion thereof in excess of the applicable parking time limitation, it shall be deemed a separate violation subject to the maximum civil penalty as set forth above. (Ord. 4152, 2014; Ord. 3171 Sec. 4, 1996; Ord. 2599, Sec. 1, 1986.) Section 2. That Section 10.52.035 entitled "Extended Unauthorized Parking Prohibited" of the Pasco Municipal Code shall be and hereby is amended and shall read as follows: 10.52.035 EXTENDED UNAUTHORIZED PARKING PROHIBITED. (1) No person shall park a vehicle on any street or other municipal property for a period of time longer than 14 days, unless an official posted sign provides a shorter period of time, or unless otherwise provided by law. (2) Authorized vehicles on municipal property are excluded from the provisions of this Section, as are vehicles displaying valid proof of payment when parked in spaces controlled by a parking payment device. (3) Penalties: Any vehicle found to be in violation of this Section is declared to be a public nuisance, and shall be subject to a Class PL- I Civil T rPenalty as defined set by PMC 2.88010.16.135. Any vehicle cited under this section two or more times in any 180 day period or that remains in violation of this Section 30 or more days after citation may be impounded if no operator is present who will immediately comply with this Section. (4) Notice to Owner: A law enforcement officer discovering a previously cited and unauthorized vehicle as described in Section 10.52.035 (3) left within a street right-of-way or other municipal property shall attach to the vehicle a readily visible notification. The notification shall contain the following information: a) The date and time the notification was attached; b) The identity of the officer; C) A statement that if the vehicle is not removed within 72 hours from the time the notification is attached, the vehicle may be taken into custody and stored at the owner's expense; d) A statement that if the vehicle is not redeemed as provided in RCW 46.55.120, the vehicle may be declared an abandoned vehicle and sold according to the terms of RCW 46.55.130; e) The address and telephone number where additional information may be obtained. Title 10 "Vehicles and Traffic" Page 3 Page 67 of 108 (5) Relocation of a vehicle for purposes of avoiding impound or citation is prohibited. Vehicles must be relocated a minimum of 20 feet for a minimum duration of 48 hours from the location where the vehicle was noticed or the citation issued. (6) Unauthorized storage of personal effects, in conjunction with use of a vehicle or not, on any public street or municipal property is prohibited. (Ord. 4282, 2016.) 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: Debra L. Clark, City Clerk Leland B. Kerr, City Attorney Title 10 "Vehicles and Traffic" Page 4 Page 68 of 108 AGENDA REPORT FOR: City Council TO: Dave Zabell, City Manager FROM: Rick White, Director Community & Economic Development SUBJECT: 2015 International and State Code Updates I. REFERENCE(S): Draft Ordinance May 31, 2016 Regular Meeting: 6/6/16 II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to adopt Ordinance , an ordinance amending Title 16 of the Pasco Municipal Code regarding the adoption of the Washington State Building Code and the International and Uniform Building Codes. III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: This code update cycle, the Washington State Building Code Council has established minor revisions to existing regulations pertaining to building, energy, air quality, plumbing and mechanical construction, installation, safety and standards. These regulations and standards are authorized by R.C.W 19.27 and W.A.C. 51-30, 51-34 and 51-35. The amendments are designed to address specific regional issues and enhance uniform building construction codes and standards used by most jurisdictions within the state. The City of Pasco initially adopted the State Building Code in 1998. In 2000, the State and City adopted the International Code set. The amendment process occurs every 3 years in response to State revisions. Council considered the proposed ordinance at the Workshop meeting of May 23, 2016. V. DISCUSSION: Pasco, Kennewick and Richland and most jurisdictions in the state adopt the State Page 69 of 108 Building and Energy Codes in lieu of adopting their own building code. Adoption of the State Building Code with minimal local revisions establishes consistent and reliable standards for the construction industry. The draft ordinance does not contain any local revisions this current update cycle - only those occurring through the mandated State amendment process. Page 70 of 108 ORDINANCE NO. AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON AMENDING TITLE 16 OF THE PASCO MUNICIPAL CODE, REGARDING THE ADOPTION OF THE WASHINGTON STATE BUILDING CODE AND INTERNATIONAL AND UNIFORM BUILDING CODES. WHEREAS, for the purpose of enforcing the regulations of the City of Pasco, to require compliance with accepted building construction, improvement, modification and safety standards, procedures and practices it is necessary to amend Title 16 of the Pasco Municipal Code. WHEREAS, the State of Washington revised the State Building Code regulations governing the construction, improvement, modification and safety of buildings; and, WHEREAS, revisions and modifications to the State Building Code require that the City amend Title 16 of the Pasco Municipal Code to adopt said revised building law and regulation; and, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO HEREBY ORDAIN AS FOLLOWS: Section 1. That Chapter 16.04 of the Pasco Municipal Code be and the same is hereby amended to read as follows: CHAPTER 16.04 BUILDING CODE 16.04.010 ADOPTION OF STATE BUILDING CODE, INTERNATIONAL BUILDING AND RESIDENTIAL CODES, CERTAIN APPENDICES AND STANDARDS 16.04.011 BUILDING OFFICIAL -BUILDING INSPECTOR 16.04.012 NON-COMBUSTIBLE MATERIALS REQUIRED 16.04.020 SUBSTITUTION FOR IBC SECTION 113 16.04.025 DELETION OF IBC SUBSECTIONS 16.04.035 ADDITION OF IBC SECTION 109.2.1 16.04.040 FEE SCHEDULE 16.04.045 BUILDING INSPECTION FEE 16.04.050 AMENDMENT OF IBC SECTION 110.1 16.04.060 AMENDMENT OF IBC SECTION 110.5 16.04.070 ADDITION OF IBC SECTION 110.6 16.04.080 ELIGIBILITY FOR PERMANENT CITY -PROVIDED UTILITY SERVICES 16.04.090 ADDITION OF IBC SECTION 110.7 16.04.130 AMENDMENT OF SECTION 403.1 16.04.210 AMENDMENT OF IBC SECTION 1805.1 16.04.240 AMENDMENT OF IBC SECTION 1209.2 16.04.295 UNDER FLOOR VENTILATION 16.04.310 VIOLATIONS -PENALTIES Page 71 of 108 16.04.010 ADOPTION OF STATE BUILDING CODE, INTERNATIONAL BUILDING CODE AND STANDARDS. The City of Pasco hereby adopts the State Building code (RCW 19.27) as thereinafter amended by the Washington State Building Code Council published as Chapter 51-30, Washington Administrative Code, and all provisions thereof applying throughout Title 16 of the Pasco Municipal Code, and adopts by reference, the 21-2 2015 International Building Code and Appendices H, I and J thereof, International Building Code Standards, International Existing Building Code, International Residential Code and Appendix J thereof as published by the International Code Council as thereinafter amended, and all buildings hereinafter erected or constructed, enlarged, repaired, moved, removed, demolished, or converted shall be done in conformity with the provisions of said Codes, except as expressly provided herein. Section 2. That Chapter 16.08 of the Pasco Municipal Code be and the same is hereby amended to read as follows: 16.08.010 UNIFORM PLUMBING CODE, ADOPTED. The Uniform Plumbing Code, 21-2 2015 Edition, and the Uniform Plumbing Code Standards, published by the International Association of Plumbing and Mechanical Officials, as amended by the Washington State Building Code Council and published as Chapters 51-26 and 51-27, Washington State Administrative Code is adopted as the plumbing code of the City except as hereinafter amended, and provided that Chapter 12 regarding Fuel Gas Piping of the Uniform Plumbing Code is not adopted. 16.08.015 ADOPTION OF STATE DELETED SECTION OF UPC. Uniform Plumbing Code Chapter 7, Part II as published in the 2 -OW latemational Plumbing 2015 Uniform Plumbing Code is hereby adopted. Section 3. That Chapter 16.12 of the Pasco Municipal Code be and the same is hereby amended to read as follows: 16.12.030 SCOPE. All gas appliances or gas pipes hereafter sold, installed, maintained, or repaired within the City limits shall conform to the requirements of the 2009 2015 International Mechanical Code as adopted by the City. All gas transmission and/or distribution systems hereafter constructed, installed, operated, and maintained within the City shall conform to the requirements of this chapter. 16.12.350 ADOPTION OF STANDARDS BY REFERENCE. The following, and as the same also may hereafter be amended, are adopted by reference and shall be observed: (1) Appliances: (a) 241-2 2015 International Mechanical Code, 24Q 2015 International Fuel Gas code, 2011 NFPA 58 Liquefied Petroleum Gas Code, and 2012 NFPA 54 National Fuel Gas Code. (2) Gas transmission and distribution system: (a) The American Standard Code for Pressure Piping, Section 8, Gas Transmission and Distribution Piping Systems (ASA B 31.1-1955). (b) The State rules and regulations of the Washington Public Service Commission applicable to gas transmission and/or distribution utilities and safety standards and rules and regulations of the State Department of Labor and Industries. Ordinance Amending Title 16 Page 2 Page 72 of 108 Section 4. That Chapter 16.16 of the Pasco Municipal Code be and the same is hereby amended to read as follows: 16.16.010 INTERNATIONAL PROPERTY MAINTENANCE CODE. The International Property Maintenance Code, 241-2 2015 Edition, prepared by the International Code Council, as thereinafter amended or revised, is adopted by the City as its official Housing Code. Section 5. That Chapter 16.18 of the Pasco Municipal Code be and the same is hereby amended to read as follows: 16.18.030 BOARD OF APPEALS. In order to determine the suitability of alternative materials and methods of construction and/or installation and provide for reasonable interpretation of the provisions of the Energy Code, the Board of Appeals, created pursuant to Section 113 of the 241-2 2015 International Building Code as amended by Section 16.04.020 of the Pasco Municipal Code, shall hear appeals and make determinations arising out of or in connection with the decisions of the building official. When it is claimed that the provisions of this code do not apply or that the true intent or meaning of this code has been misconstrued or wrongly interpreted, the applicant may, within 30 days of the decision, appeal to the Board of Appeals. Section 6. That Chapter 16.19 of the Pasco Municipal Code be and the same is hereby repealed in its entirety: inm irawlia wamwiKTAI . . •._ KV M IralawalMIAK&M @I UVOIN VAN'l. _.N I WV•. . . SIM I. ..• • • I. 1 U- ON 01, .. .,, --- �. M11101 P. - - • Ordinance Amending Title 16 Page 3 Page 73 of 108 Section 7. That Chapter 16.32 of the Pasco Municipal Code be and the same is hereby amended to read as follows: 16.32.010 INTERNATIONAL MECHANICAL CODE, INTERNATIONAL FUEL GAS CODE, NFPA 58 LIQUEFIED PETROLEUM GAS CODE, AND NFPA NATIONAL FUEL GAS CODE, ADOPTED. The 281-2 2015 International Mechanical Code, 282 2015 International Fuel Gas Code, 2011 NFPA 58 Liquefied Petroleum Gas Code, and 2012 NFPA 54 National Fuel Gas Code, as published by the International Code Council and the National Fire Protection Association, as thereafter amended or revised by the Washington State Building Code Council and published as Chapter 51-22 Washington Administrative Code, is adopted as the mechanical code of the City, except as hereinafter amended. Section 8. That Chapter 16.36 of the Pasco Municipal Code be and the same is hereby amended to read as follows: CHAPTER 16.36 SWIMMING POOL, SPA, AND HOT TUB CODE Sections: 16.36.010 SWIMMING POOL, SPA AND HOT TUB CODE, ADOPTED ......................4 16.36.020 SUBSTITUTION FOR 1RG SECTION n G i ncz ISPSC SECTION 305.2.1 PARAGRAPH 1 FENCES....................................................................................................4 16.36.030 NEW SECTION ADDED - ZONING REGULATIONS ..................................... 16.36.010 SWIMMING POOL, SPA AND HOT TUB CODE, ADOPTED. Appendix G; Swimming Pools, Spas and Not Tubs published in the 2012-Mteffl-atiefial Residential 12015 International swimming pool and spa code as Published by the International Code Council, hereinafter amended or revised, is adopted by the City as its official swimming pool, spa and hot tub code, by reference therein. (Ord. 4108, 2013; Ord. 3964, 2010; Ord. 3670 Sec. 11, 2004; Ord. 3316 Sec. 13, 1998.) 16.36.020 SUBSTITUTION FOR I -RG ISPSC SECTION ^ rr� i 305.2.1 PARAGRAPH 1 FENCES. All outdoor swimming pools shall be enclosed by a non -climbable fence or other approved barrier, such fence or approved barrier to be not less than five (5) feet in height and provided with a self-closing gate or gates equipped with a latch or locking device operable only from the pool side of the fence or by a locking device operable by a key only on the outside of the fence. Said fence or barrier shall be no closer than three (3) feet from the Ordinance Amending Title 16 Page 4 Page 74 of 108 .rsezr. " . . wm •0 P.M INTO• Section 7. That Chapter 16.32 of the Pasco Municipal Code be and the same is hereby amended to read as follows: 16.32.010 INTERNATIONAL MECHANICAL CODE, INTERNATIONAL FUEL GAS CODE, NFPA 58 LIQUEFIED PETROLEUM GAS CODE, AND NFPA NATIONAL FUEL GAS CODE, ADOPTED. The 281-2 2015 International Mechanical Code, 282 2015 International Fuel Gas Code, 2011 NFPA 58 Liquefied Petroleum Gas Code, and 2012 NFPA 54 National Fuel Gas Code, as published by the International Code Council and the National Fire Protection Association, as thereafter amended or revised by the Washington State Building Code Council and published as Chapter 51-22 Washington Administrative Code, is adopted as the mechanical code of the City, except as hereinafter amended. Section 8. That Chapter 16.36 of the Pasco Municipal Code be and the same is hereby amended to read as follows: CHAPTER 16.36 SWIMMING POOL, SPA, AND HOT TUB CODE Sections: 16.36.010 SWIMMING POOL, SPA AND HOT TUB CODE, ADOPTED ......................4 16.36.020 SUBSTITUTION FOR 1RG SECTION n G i ncz ISPSC SECTION 305.2.1 PARAGRAPH 1 FENCES....................................................................................................4 16.36.030 NEW SECTION ADDED - ZONING REGULATIONS ..................................... 16.36.010 SWIMMING POOL, SPA AND HOT TUB CODE, ADOPTED. Appendix G; Swimming Pools, Spas and Not Tubs published in the 2012-Mteffl-atiefial Residential 12015 International swimming pool and spa code as Published by the International Code Council, hereinafter amended or revised, is adopted by the City as its official swimming pool, spa and hot tub code, by reference therein. (Ord. 4108, 2013; Ord. 3964, 2010; Ord. 3670 Sec. 11, 2004; Ord. 3316 Sec. 13, 1998.) 16.36.020 SUBSTITUTION FOR I -RG ISPSC SECTION ^ rr� i 305.2.1 PARAGRAPH 1 FENCES. All outdoor swimming pools shall be enclosed by a non -climbable fence or other approved barrier, such fence or approved barrier to be not less than five (5) feet in height and provided with a self-closing gate or gates equipped with a latch or locking device operable only from the pool side of the fence or by a locking device operable by a key only on the outside of the fence. Said fence or barrier shall be no closer than three (3) feet from the Ordinance Amending Title 16 Page 4 Page 74 of 108 water's edge on all sides of the pool and the maximum vertical clearance between grade and the bottom of the barrier shall not exceed two (2) inches, measured on the side of the fence or barrier which faces away from the swimming pool, spa or hot tub. 16.40.010 INTERNATIONAL FIRE CODE, ADOPTED. (a) There is adopted by the City Council of the City, pursuant to the provisions of RCW 35.21.289 and RCW 19.27 for the purpose of prescribing regulations governing conditions hazardous to life and property from fire or explosion, that certain code and standards known as the International Fire Code, including Appendix Chapters A, B, C, D, E, F, G, H, I and J being in particular the 21-2 2015editions thereof and the whole thereof, as amended by the Washington State Building Code Council and published as Chapters 51-34 and 51-35 Washington Administrative Code, save and except such portions as are hereinafter deleted, modified or amended, and the same are adopted and incorporated as fully as if set out at length herein and from the date on which the ordinance codified in this chapter shall take effect, the provision thereof shall be controlling within the corporate limits of the City. (b) It is the specific intent of the Fire Code of the City as herein adopted, modified and amended, to place the obligation of complying with its requirements upon the owners and occupiers of the buildings and premises within the scope, and no provision of nor any term used in this Fire Code is intended to impose any duty whatsoever upon the City or any of its officers or employees, for whom the implementation and enforcement of this Fire Code shall be discretionary and not mandatory. (c) Nothing contained in this Fire Code is intended to be nor shall be construed to create or form the basis for any injury or damage resulting from the failure of a building or any premises to comply with provisions of this Fire Code, or by reason or in consequence of any inspection, notice, order, certificate, permission or approval authorized or issued or done in connection with the implementation or enforcement of this Fire Code, or by reason of any action or inaction on the part of the City, related in any manner to the enforcement of this Fire Code by its officers, employees or agents. (d) It is expressly the purpose of this Fire Code to provide for and promote the health, safety and welfare of the general public, and not to create or otherwise establish or designate any particular class or group of persons who will or should be especially protected or benefited by the provisions of this Fire Code. 16.40.040 ADOPTION OF STATE DELETED SECTIONS OF THE IFC — CHAPTER 3 AND CHAPTER 5. Chapter 3 Section 308.1.4 and Chapter 5 Sections 503.1, 503.1.1, 503.1.2, 503.1.3, 503.2, 503.3, 503.4 as published in the 241-2 2015 International Fire Code are hereby adopted. 16.40.100 AMENDMENT TO SECTION 109.4 VIOLATIONS AND PENALITES OF THE IFC. Section 109.4 of the 24 2 2015 International Fire Code is amended to read as follows: Section 109.4 Violations — Penalties: Any person, firm or corporation violating a provision of this chapter which is not also a violation of any other provisions of this Title or the codes adopted thereby, or shall fail to comply with the requirements thereof or who shall erect, install, alter, repair, or do work in violation of the approved construction documents or direction of the fire code official, or of a permit or certificate used under the provisions of this chapter, or operate or maintain an occupancy, premises, or vehicle subject to this chapter who allow a hazard to exist or fail to take immediate action to abate a hazard on such occupancy, premises, or vehicle Ordinance Amending Title 16 Page 5 Page 75 of 108 when ordered to do so by the fire code official, shall be guilty of a gross misdemeanor. Each day that violation continues after due notice has been served, shall be deemed a separate offense. Section 11. Effective Date. 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 this day of June, 2016. Matt Watkins, Mayor ATTEST: Debra L. Clark, City Clerk Leland B. Kerr, City Attorney Ordinance Amending Title 16 Page 6 Page 76 of 108 AGENDA REPORT FOR: City Council June 1, 2016 TO: Dave Zabell, City Manager Regular Meeting: 6/6/16 FROM: Colleen Chapin, Human Resources Manager Executive SUBJECT: Collective Bargaining Agreement with International Union of Operating Engineers, Local 280 L REFERENCE(S): Proposed Collective Bargaining Agreement II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to approve the Collective Bargaining Agreement with the International Union of Operating Engineers, Local 280, for years 2016-2019 and, further, authorize the City Manager to execute the agreement. III. FISCAL IMPACT: Increases the cost of department operations (base wages and benefits) by approximately $137,000 in 2016, $68,000 in 2017 and 2018, and 90% of CPI in 2019. IV. HISTORY AND FACTS BRIEF: The previous contract terminated December 31, 2015. V. DISCUSSION: Negotiations commenced in December 2015 with this 68 -member bargaining unit. The parties reached a tentative agreement April 27, 2016. Local 280 notified the City on May 17, 2016 that the members had voted to ratify the tentative agreement. Numerous contract language modifications were negotiated which provide greater clarity for management and the bargaining unit members. In preparing for bargaining with the International Union of Operating Engineers (IUOE) unit, a market assessment of similar positions was conducted with local jurisdictions and other comparable cities throughout the state. It was determined that many positions were below our competitors. This disparity makes it more difficult to Page 77 of 108 recruit and maintain qualified individuals. In a move toward correcting this disparity, and to ensure a competitive salary for City employees, a new wage scale was presented to the IUOE bargaining team. The new wage scale, proposed to be effective January 1, 2016, is not reflective of an overall minimum wage increase; therefore, the IUOE bargained a minimum increase of 2% for all unit members. The overall fiscal impact for 2016 is approximately 3%, or $137,000 for 2016. For 2017 and 2018 the bargaining unit ratified a 1.5% deferred compensation match in -lieu of a cost -of -living adjustment (COLA). For 2019 the COLA will be 90% of CPI -U with a minimum of 1% and maximum of 3%. Also, as a reminder, the IUOE unit currently has a 4% (of monthly wage compensation) cap for medical insurance which is the same as non -represented employees and managers. This four-year agreement offers the City and the Union stability with regard to wages for the life of the agreement. This is beneficial from a budget standpoint. Following are the significant changes reflected in the new agreement: • Effective January 2016: market adjusted wage scale — 2% minimum wage increase • Effective January 2017: 1.5% deferred compensation match (in -lieu of COLA) Effective January 2018: 1.5% deferred compensation match (in -lieu of COLA) • Effective January 2019: 90% of CPI -U June to June, minimum I% - maximum 3% Staff recommends Council ratification of the Agreement. Page 78 of 108 COLLECTIVEBARGAININGAGREEMENT CITY OF PASCO INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL 280 01/0 1 /2016 - 12/31/2019 Page 79 of 108 TABLE OF CONTENTS TABLE OF CONTENTS 1 WITNESSETH 5 ARTICLE 1— Recognition 5 ARTICLE 2 — Term and Scope of Agreement 5 Section 2.1 — Tenn/Entire Agreement 5 Section 2.2 — Severability 5 Section 2.3 — Supersedes Municipal Code/Administrative Policy 6 Section 2.4 — Supervisory Employees 6 ARTICLE 3 — Union Membership 6 Section 3.1 — Union Security 6 Section 3.2 — Statement of Meaning 6 Section 3.3 — Dues 6 ARTICLE 4 — Union Business 7 Section 4.1 — Negotiating Committee 7 Section 4.2 — Bulletin Board Posting 7 Section 4.3 — Union Business Agent 7 Section 4.4 — Shop Steward 7 ARTICLE 5 — Management Rights 7 Section 5.1 — Reservation of Rights 7 Section 5.2 — Delineation 7 ARTICLE 6 — Non -Discrimination 8 Section 6.1 8 Section 6.2 8 ARTICLE 7 — Employee Responsibility/Discipline 9 Section 7.1 — Employee Responsibility 9 Section 7.2 — Just Cause 9 Section 7.3 — Progressive Discipline 9 Section 7.4 — Termination/Discharge 9 Section 7.5 — Appeal. to Grievance Procedure 10 Section 7.6 — Confidential 10 ARTICLE 8 — Grievance Procedure 10 Section 8.1 — Purpose 10 Section 8.2 — Scope 10 Section 8.3 — Retaliation Prohibited 10 Section 8.4 — Procedure 10 1 Collective Bargaining Agreement between. City of Pasco and WOE, Ucal 280 1/1/2016— 12131/2019 Page 80 of 108 8.4.1 - Step 1 - Grievance to Division Manager 10 8.42 - Step 2 - Written Grievance to Department Director 10 8.4.3 - Step 3 - Grievance Appeal 11 Section 8.5 --- Special Provisions 12 ARTICLE 9 - Hours of Work 12 Section 9.1- Breaks/Clean-up 12 Section 9.2 - Work Schedules 12 Section 9.3 -- Hours of Work 13 Section 9.4 - Lunch Period 13 Section 9.5 - Work Week/Pay Period 13 Section 9.6 - Non -Standard Shifts 13 Section 9.7 - Irregular Shifts and Work Weeks 13 Section 9.8 - Snow Removal and Control 14 ARTICLE 10 - Sick Leave 14 Section 10.1 - Scope/Conditions 14 Section 10.2 - Sick Leave Taken 14 Section 10.3 - Illness in Family 14 Section 10.4 - Doctor and Dentist Appointments 15 Section 10.5 - Fraudulent Use of Sick Leave 15 Section 10.6 - Vacation Leave Option 15 Section 10.7 - Termination 15 ARTICLE 11- Vacation 15 Section 11.1 - Accrual 15 Section 11.2 - Vacation Scheduling 15 Section 11.3 - Maximum Accrual 16 Section 11.4 - Vacation Taken 16 Section 11.5 - Termination from Service 16 Section 11.6 - No Mandated Vacation Shutdown 16 Section 11.7 -- Leave Without Pay 16 Section 11.8 - Vacation Leave Buyout 17 Section 11.9 - Early Return to Work 17 Section 11.10 - Cancellation. 17 Section 11.11 - Unavailability of Vacation 17 ARTICLE 12 - Holidays 17 Section 12.1 - Official Holidays 17 Section 12.2 - Personal Holiday 17 Section 12.3 18 Section 12.4 18 Section 12.5 - Working the Holiday 18 ARTICLE 13 - Other Leaves of Absence 18 Section 13.1 - Jury Duty 18 Section 13.2 - Bereavement Leave 18 2 Collective Bargaining Agreement between City of Pasco and RJQE, Local 280 1/1/2016 - 12/31/2019 Page 81 of 108 Section 13.3 — Medical Leave without Pay 18 Section 13.4 — Family Medical Leave Act (FMLA) 19 Section 13.5 — General Leaves of Absence 19 13.5.1 — Unpaid Leave 19 13.5.2 — Military Leave 19 13.5.3 — Reinstatement 19 13.5.4 — Union Office 19 ARTICLE 14 — Classification and Wages 19 Section 14.1 — Rates of Pay 19 Section 14.2 — New Employees 20 Section 14.3 — Overtime 20 Section 14.4 — Paid Meal 21 Section 14.5 — Cellular Phone 21 Section 14.6 — Headquarters/Travel 22 Section 14.7 — Pay Period/Pay Day 22 Section 14.8 — Relief from Duty 22 Section 14.9 — Temporary Assignment 22 ARTICLE 15 — Insurances 22 Section 15.1 — Group Medical Insurance 22 Section 15.2 — Dental Insurance 23 Section 15.3 — Insurance Carrier 23 Section 15.4 — Group Life 23 Section 15.5 — Vision Care 23 ARTICLE 16 — Occupational Injury/Illness 23 Section 16.1 — Eligibility for Sick Leave Benefits 23 Section 16.2 — Sick Leave without Pay 23 ARTICLE 17 — Training 23 Section 17.1 -- Maintenance of Certification 23 ARTICLE 18 — Transfers, Force Reduction and Rehire 24 Section 18.1 — Layoff/Bumping 24 Section 18.2 — Seniority Retention 24 Section 18.3 — Employee Responsibility 24 Section 18.4 — Transfers/Training/Break-in Period 24 ARTICLE 19 — Safety 25 Section 19.1 — Responsibilities 25 Section 19.2 — First -Aid Training 25 Section 19.3 — Equipment/Uniforms 25 19.3.1 — A City Hat 25 19.3.2 — Pants 26 19.3.3 — Shirt 26 3 Collective Bargaining Agreement between City of Pasco and IUOE, Local 280 v1/2016— 17/31/2019 Page 82 of 108 19.3.4 — Coveralls 26 ARTICLE 20 — Seniority 26 Section 20.1 — Continuous Service 26 Section 20.2 — No Accrual During Probation 26 Section 20.3 — Transfers 26 Section 20.4 — Posting of Job Openings 26 Section 20.5 — Promotion/Demotion 26 ARTICLE 21— Commercial Driver License (CDL) 27 Section 21.1 — Reimbursement for Costs 27 Section 21.2 — Maintenance Responsibility 27 Section 21.3 — New Employees 27 Section 21.4 — Motor Vehicle Accidents 27 Section 21.5 — CDL Law Changes 27 ARTICLE 22 — Smoking Restrictions 27 ARTICLE 23 — Americans with Disabilities Act 28 ARTICLE 24 — Substance -Free Workplace 28 ARTICLE 25 — Implementation of Changes upon Ratification 28 ARTICLE 26 — Deferred Compensation 28 M Collective Bargaining Agreement between City of Pasco and MOE, Ucal 280 1n/2016— 12/31/2019 Page 83 of 108 COLLECTIVE BARGAINING AGREEMENT between CITY OF PASCO and INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL 280 This Agreement is made and entered into by and between the City of Pasco, Washington, hereinafter referred to as the "City", and Local Union #280 of the International Union of Operating Engineers, hereinafter referred to as the "Union", which represents the bargaining unit employees within the Public Works Department's maintenance and operations divisions and the bargaining unit employees within the Facilities Division responsible for the parks, golf course, and cemetery. WITNESSETH: The City and Union recognize harmonious relations should be maintained between them and the public.. All will benefit by continued peace and by adjusting any differences which may arise by rational common sense methods. The agreements made herein are in keeping with that spirit of cooperation. ARTICLE 1— Recognition The City of Pasco recognizes International Union of Operating Engineers, Local #280 as the exclusive representative for all the employees coming within the classifications covered by this Collective Bargain Agreement. ARTICLE 2 — Term and Scope of Agreement Section 2.1 Term/Entire Agreement. This Agreement and the terms stated herein unless otherwise specified, shall be and hereby do become effective on the date last written below when this agreement is executed by both parties and shall remain in full force and effect until December 31, 2019. The Agreement expressed herein in writing constitutes the entire agreement between the parties and no oral statements shall add to or supersede any of its provisions. The parties acknowledge that each has had the unlimited right and opportunity to make demands and proposals with respect to any matters deemed a proper subject for collective bargaining. The results of the exercise of that right are set forth in this Agreement. Therefore, except as otherwise provided in this Agreement, each party voluntarily and unqualifiedly agrees to waive the right to oblige the other party to bargain with respect to any subject or matter which is not specifically referred to or covered in this Agreement. Section 2.2 Severability. If any provisions of this agreement or the application of such provisions should be rendered or declared invalid by court action or by reason of any existing or subsequently Collective Bargaining Agreement between City of Pasco and WOE, local 280 111/2016-- 12131/2019 Page 84 of 108 enacted legislation, the remaining parks and portions of this Agreement shall remain in full force and effect. Any provisions declared invalid will be subject to immediate re -negotiation by the parties. Section 2.3 Supersedes Municipal Code/Administrative Policy. It is understood and agreed that, in accordance with the Pasco Municipal Code (PMC 2.42.540) where there is a conflict between any provisions of this Agreement and any provision of the code, the provisions of this Agreement shall govern. The rights and privileges granted in the Pasco Municipal Code do not apply to the represented employees under this Agreement, unless explicitly provided for therein. Section 2.4 Supervisory Employees. Management pledges that supervisory employees, not part of the bargaining unit, in the normal course of their assignment will not work with tools, except in the event of a bona fide emergency where such "hands-on" help will prevent loss or damage to persons or property. ARTICLE 3 — Union Membership Section 3.1 Union Security. All full-time regular employees of the City and those part-time and temporary -seasonal employees defined in Article 1, corning within the classifications covered by this Collective Bargaining Agreement, shall be required to be members in good standing in accordance with the constitution and bylaws of the International Union of Operating Engineers Local 280. Each new employee shall become a member of the union or pay to the union an amount equivalent to the collective bargaining expenditures. All new employees shall become members in good standing of the Union within thirty (30) calendar days after the date of their employment. Section 3.2 Statement of Meaning. The foregoing provisions shall not be construed to deny the City the right to select any new employees, or to terminate probationary employees at any time without recourse to the Discipline (Article 7) or Grievance Procedure (Article 8). The terms of this agreement shall apply to part-time employees who work twenty (20) hours a week or more and for more than six (6) consecutive months and shall apply to temporary -seasonal employees who work more than thirty (30) days in continuous employment. All other employees shall be exempt from these provisions. (For temporary -seasonal workers refer to Note 6 on Employee Wage Schedule.) Section 3.3 Dues. The City will deduct membership dues and pay to Local #280 or to its designee from the wages of all employees covered by this bargaining agreement except under circumstances of objection based upon bona fide religious beliefs. Deductions will be authorized in writing. The City agrees to submit a monthly accounting of such deductions including employee names and identifying each employee's deducted amount. Such assignment cannot be revoked within six (6) months or before the termination of this Agreement, whichever occurs first. The Union agrees to hold the City harmless against any claims brought or issued against the City because of the operation of Article 3, as long as such claims do not arise out of errors or negligence on the part of the City. The City shall submit written notification to the Union's Business Representative within twenty (20) days of the employment, promotion out of bargaining unit or termination of any employee covered by this Agreement. 0 Collective Bargaining Agreement between City of Pasco and 1UOE, Local 280 111/2{116— 12/311.2019 Page 85 of 108 ARTICLE 4 — Union Business Except as specifically provided, no Union business shall be conducted on City time, nor utilize City facilities, supplies or equipment. Section 4.1 Negotiating Committee. No more than three (3) employees, shall be granted leave from duty without loss of pay for all meetings between the City and the Union held for the purpose of negotiating the terms of a contract, when such meetings take place at a time during which any such members are scheduled to be on duty. The Union agrees to cooperate with the City in the scheduling of such meetings at times with the least interference with such members scheduled work. The negotiating committee members in order to prepare for negotiations with the City or the bargaining representative with employees on union business, may meet after the employees' work hours and on their own time at the Parks Department or Public Works maintenance facilities. Section 4.2 Bulletin Board Posting. The City shall furnish bulletin board space at each City maintenance facility or building where bargaining unit employees perform work; for the use of the Union for posting Union announcements and related material. Section 4.3 Union Business Agent. The business agent of the Union shall be allowed admission to the employer's place of business at any reasonable time during working hours for the purpose of contacting the Union Steward or investigating conditions existing on the job, provided the agent first notifies the Human Resources Manager and or relevant department director, subject to the provisions of Section 4.4. Section 4.4 Shop Steward. The Union shall have the right to set up regular shop steward meetings, but there shall be no more than one shop steward per work group. The City shall be notified in writing of the person so certified. Except for actual meetings with management to discuss adjustment of grievances, or where special permission has been obtained from a Department Director (or his/her designee), Union business will be conducted on breaks, lunch periods and employee time. ARTICLE 5 — Management Rights Section. 5.1 Reservation of Rights. The City retains and reserves all rights, powers, responsibilities and authority conferred upon and vested in it by the Law and Constitution of the State of 'Washington and the United States. Section 5.2 Delineation. The Union recognizes that the City is legally responsible for the operation of the Public Works Department's Maintenance and Operations divisions, and the Facilities Division of the Administrative and Community Services Department. The City has the necessary authority to discharge all of its functions and responsibilities to include the following, subject to the laws above- mentioned and except as specifically abridged, modified or limited by the provisions of this Agreement: 5.2.1 Establish, plan for, and direct the work force toward the organizational goals of City government. 7 Collective Bargaining Agreement between City of Pasco and ►LJQE, Local 280 1/1/2016— 12/31/2014 Page 86 of 108 public. 5.2.2 Determine the organization, necessity and level of activity or service provided to the 5.2.3 Determine the City budget and financial policies including accounting procedures. 5.2.4 Establish, regulate and administer a personnel system, which provides for all types of personnel transactions including determining the procedures and standards for hiring, promotion, transfer, assignment, layoff, discipline, retention and classification of positions with due regard to fairness, objectivity, and uniform application. 5.2.5 To suspend, demote, discharge or take other appropriate disciplinary action for just cause. 5.2.6 Determine the methods, means, equipment, numbers and kinds of personnel and the job or position content required to accomplish governmental operations and maintain the efficiency and safety thereof. Provided, however, in the event the City contemplates the subcontracting of work normally performed by the bargaining unit, the City's obligations shall be to give the Union written notice at least thirty (30) days prior to the decision to contract and to bargain with the Union over the effects and impacts on the bargaining unit of the decision to contract out. 5.2.7 Determine and change the number and locations and types of operations; processes and materials to be used in carrying out all City functions. 5.2.8 Assign work to employees in accordance with classifications and position descriptions, and establish and change work schedules, except as restricted by this Agreement. 5.2.9 Relieve any employees from duty due to lack of work or insufficient funds. 5.2.10 Take all actions necessary to carry out the mission of the City in emergencies. An emergency means any unanticipated event threatening the public health or safety. ARTICLE 6 — Non -Discrimination Section 6.1 There shall be no discrimination against any employees because of union membership, or non-union membership. In accordance with applicable law, the Employer, the Union, or members of the Union shall not discriminate against any employee covered or not covered by this Agreement because of race, creed, color, national origin, sex, age, religion, marital status or disability, except in the instance where age, sex, sexual orientation, or absence of a disability may constitute a bona fide occupational qualification under applicable law. The Union agrees to work with the employer in instances of discriminatory or harassing behavior on the part of represented employees. Section 6.2 Whenever a male noun/pronoun is used in the Agreement it shall be construed to include male and female employees. Collective Bargaining Agreement between City of Pasco and RJOE, Local 280 1/1/2016— 12/31/2019 Page 87 of 108 ARTICLE 7 — Employee Responsibility/Discipline Section 7.1 Employee Responsibility. The Union agrees that its members who are employees of the City shall individually and collectively perform efficient work and service; that they shall avoid and discourage waste of materials, time and manpower; that they shall use their influence and best efforts to protect the property of the City and its interests and to prevent loss of tools and materials; and that they shall cooperate with the City in promoting and advancing the welfare of the City and its service at all times. The Union and its members give their unequivocal pledge that they will neither instigate, support, nor condone a strike, work stoppage or slowdown against the City during the term of this Agreement. Provided, however, except for emergencies, employees shall not be required to cross a legally sanctioned (an AFL-CIO sanctioned) picket line against another employer, but in such cases the City may perform the work by contract or by supervisors. Section 7.2 Just Cause. The City shall not take disciplinary action against any employee without just cause. The City retains the right to discharge new employees at will during or at the end of the probationary period and the discharge shall not be made the subject of a grievance either by the employee or the Union. Section 7.3 Progressive Discipline. Discipline of non -probationary employees in circumstances not warranting termination will normally follow a progressive disciplinary pattern with the objective of correcting the problem. When deciding the degree of discipline, the City will take into consideration the circumstances surrounding the incident(s), the severity of the offense, and the past work record and past conduct of the employee. The City reserves the right to initiate discipline at any level depending upon the severity of the occurrence. When meeting with a management supervisor or at any hearing where discipline is being considered, the employee shall be entitled to be accompanied by a Union representative. Section 7.4 Termination/Discharge. In the event a discharge is under consideration: 7.4.1 An employee shall be provided, in writing, with a notice of the charges and an explanation of the evidence supporting the employee's misconduct and the severity of the possible discipline. The employee shall be given an opportunity to respond to the charges, before the City Manager, as to why the proposed discharge should not be taken. 7.4.2 The employee may have a Union representative at the pre -discharge hearing, if requested. 7.4.3 The City's explanation of evidence at the pre -discharge hearing should be sufficient to apprise the employee of the basis for the proposed discharge action. This rule, however, should not be construed to limit the employer, employee or the Union at a subsequent hearing from presenting a more detailed and complete case, including the presentation of witnesses and documents not available at the pre -discharge hearing. 7.4.4 Unless otherwise agreed by the employee, a decision shall be made by the City Manager within fourteen (14) calendar days after the close of the pre -discharge hearing. 0 Collective Bargaining Agreement between City of Pasco and MOE, Local 280 1/1/2016 —1213112019 Page 88 of 108 Section 7.5 Appeal to Grievance Procedure. All disciplinary action of non -probationary employees is subject to the grievance procedure. A suspension, demotion or discharge is subject to the grievance procedure starting at Step 3, the City Manager level. Any other grievable item placed in the employee's personnel file is subject to the grievance procedure beginning at one step higher than the original level of disciplinary action. Section 7.6 Confidential. individual employee records and files are confidential and must be kept in a secured area at City Hall. Employees will have access to their personnel files on employee time for their review. Employees may request and receive a copy of any document in their personnel file. A Union representative may have access to an employee's personnel file and copy any document therein, provided, he/she is authorized in writing by the employee. An employee may request of the Human Resources Manager to withdraw disciplinary documents from his/her personnel file at any time subject to approval of the City Manager or his designee. ARTICLE 8 ^ Grievance Procedure Section 8.1 Purpose. One of the purposes of this Agreement is to provide for the resolution of good faith employee complaints or grievances promptly and fairly. Unless or until an action or conduct of the City made the basis of a grievance is corrected, modified, suspended or revoked, no employee shall act in disobedience to or in disregard of such action or conduct. Section 8.2 Scope. Any complaint or dispute arising between the parties to this Agreement involving the interpretation, application or claimed breach of this Agreement may be considered a grievance and shall be subject to this grievance process. Section 8.3 Retaliation Prohibited. Initiation of any step of the grievance process shall not subject the employee to discrimination, coercion, restraint or reprisal as a result of the good faith initiation of such action. Section 8.4 Procedure. 8.4.1 Step One. Grievance to Division Manager. As soon as possible, but in no case later than fourteen (14) calendar days following an alleged wrongful act, an employee and/or his/her agent shall state his/her grievance in writing on a standardized grievance form to the relevant Division Manager to attempt settlement of the dispute. Following such filing, the Division Manager shall, within fourteen (14) calendar days of receipt of the written grievance, provide the employee with a written answer to the grievance, which shall be in writing. 8.4.2 Step Two. Written Grievance to Department Director. If the employee is dissatisfied with the decision of the Division Manager, the matter may be submitted to his/her Department Director within fourteen (14) calendar days of the date of the Division Manager's decision. Such grievance shall be in writing and: 8.4.2.1 Concern matters or incidents that have occurred or are scheduled to occur. 8.4.2.2 Detail the facts upon which the grievance is based. 10 Collective Bargaining Agreement between City of Pasco and MME, Local 280 1/112016— 12/31/2019 Page 89 of 108 8.4.2.3 Refer to the section(s) of the agreement alleged to have been violated. 8.4.2.4 Specify the relief sought. 8.4.2.5 Include the Division Manager's written response, if any is made. The Department Director shall make an investigation of the relevant facts and circumstances and notify the employee of his decision in writing within fourteen (14) calendar days after receiving the grievance. Said investigation may include a meeting with the grievant and/or his/her agent and the supervisor. 8.4.3 Step Three. Grievance Appeal. If the employee is dissatisfied with the decision of the Department Director, he/she may, within fourteen (14) calendar days of the date of the Department Director's decision, forward a request for review to the City Manager. Said appeal shall delineate the areas of agreement and disagreement with the response given at Step Two and the reasons therefore. Upon receipt of the appeal, the City Manager shall, within fourteen (14) calendar days make an investigation of the relevant facts and circumstances and notify the employee of his decision. Said investigation shall include a meeting with the grievant and/or his/her agent and the Department Director. If the employee is not satisfied with the decision of the City Manager, he/she may forward a request to the union representative to, within fourteen (14) calendar days of the date of the City Manager's decision, forward a request for review by an independent Fact Finder to the City Manager. Said request shall delineate the areas of agreement and disagreement with the decision of the City Manager and the reasons therefore. The Union and the City shall attempt to agree upon a person who would act in such a capacity. If the parties fail to agree upon and/or obtain a Fact Finder within seven (7) working days of service of the request, then either party may request the Federal Mediation and Conciliation Service (FMCS) to supply the names of five (5) disinterested individuals who are qualified and willing to perform as an impartial Fact Finder in the dispute. Upon receipt of said names, the parties shall meet within fourteen (14) calendar days to make a selection. Selection shall be achieved by alternate striking of names with the party striking first being determined by a coin toss. The Fact Finder shall convene a hearing in the City of Pasco within thirty (30) days of selection by the parties. At said hearing the parties may present evidence and sworn testimony as well as cross-examine one another's witnesses. Each of the parties agrees to produce any records or materials which the Fact Finder may require relative to the dispute. Upon closure of the hearing, the Fact Finder shall promptly issue written findings and recommended action(s). In formulating his/her position, the Fact Finder shall designate the losing party. The opinion shall not attempt to destroy, change, delete from, add to or alter the terms of this Agreement. Within fourteen (14) calendar days of the City Manager's receipt of the Fact Finder's written opinion, the City Manager shall either affirm, disaffirm, or amend said opinion and provide the reasons therefore. The result of the City Manager's review shall be final and binding on the parties and there shall be no further appeal. Each party shall bear the cost of the preparation of its own case. The cost of the Fact Finder shall be borne by the parties in equal amounts, including related fees, expenses and room rental. In the event the I Collective Bargaining Agreement between City of Pasco and ME, Locai 280 1/1/2016— 12/31/2019 Page 90 of 108 City Manager does not follow the recommendation of the Fact Finder's written opinion, the City shall bear the full cost of the related fees, expenses, etc. of the Fact Finder. Section 8.5 Special Provisions. 8.5.1 The term "employee" as used in this Article shall mean an individual Union member, a group of Union members, and/or their Union agent. 8.5.2 An aggrieved party shall be granted time off without loss of pay for the purpose of any hearings held on a grievance. 8.5.3 A grievance may be advanced to any step in the grievance procedure if the parties so jointly agree in writing. 8.5.4 The time limits within which action must be taken or a decision made as specified in this procedure may be extended by mutual written consent of the parties involved. A statement of the duration of such extension of time must be signed by both parties. 8.5.5 Any grievance shall be considered settled at the completion of any step if the employee is satisfied or if the matter is not presented to a higher authority within the prescribed period of time. ARTICLE 9 — Hours of Work Section 9.1 Breaks/Clean-up. Lunch breaks will normally be taken at the appropriate shop. However, in cases where the work site is closer to another City facility that contains restroom facilities and normal cating facilities the employee(s) may take their lunch break at that facility. Employees may also take their lunch break at a commercial restaurant, provided the break site shall be a reasonable travel time from the work site. The City will allow some additional lunchtime in deference to the travel time required if approved in advance by the City. Employees, on the other hand, understand it may be appropriate for their foreman or other supervisor to speak to them during the lunch period about a work assignment or that it may be necessary that they answer a telephone call if the phone is temporarily unmanned by the secretary or other supervisory employee. A fifteen (15) minute rest break, approximately at the mid -point of the first half of each shift and at the mid -point of the second half of each shift shall be scheduled for fifteen (15) minutes, including travel time. Each employee shall be permitted up to ten (14) minutes personal clean up time at the end of the shift. It is understood that an employee not needing the full ten minutes to utilize for clean-up will be engaged in productive work activity, including the completion of work related paperwork during that time period. The fifteen (15) minute rest break at approximately the mid -point of the second half of each shift provided for in section 9.1 will continue to be tacked on to the thirty (30) minute lunch break by maintenance crews, as is the past -practice under the current contract language of Sections 9.1 and 9.4. Section 9.2 Work Schedules. The Union recognizes the right of the City to establish and/or modify work schedules and the City recognizes the need to confer with the Union to take employee interest into account. Except for emergency situations or as provided in Section 9.7, at least forty-eight (48) hours 12 Collective Bargaining Agreement between City of Pasco and JUOE, Local 280 1/l/2016-12/31/2019 Page 91 of 108 notice will be given to the Union before an overall long-term or seasonal change in work schedule is implemented. Section 9.3 Hours of Work. The normal hours of work for a scheduled shift shall not exceed eight (8) hours in any one day, nor ten (10) hours a day for employees normally scheduled to work four (4) days in a designated seven (7) day work period. The work day shall be continuous, interrupted only by designated rest and meal breaks and the standard shift will normally be completed between 7:00 a.m. and 5:00 p.m. Nothing herein shall be construed as a guarantee of a forty (40) hour work week. To promote efficiency and productivity, deviation from the normal work day may be required, provided an employee reporting and scheduled for work is given no less than four (4) hours and no more than ten (10) hours of work or no more than twelve (12) hours of work when scheduled to work four (4) days in a designated seven (7) day work period. Provided, however, in emergency situations involving the immediate threat of harm to persons or property, employees may be required to work beyond the ten (10) and twelve (12) hour maximum limits. When practical, scheduling changes resulting in less than the normal hours of work on a particular day should precede or follow a scheduled day or days off so as to extend off-duty time. The discretion given to the employer by this sub -section shall not be used by the employer as a punitive measure against any employee or exercised so frequently as to make the normal work week schedule and work week provisions of this contract meaningless. Section 9.4 Lunch Period. The standard day shift shall include a non -compensable lunch period of not less than thirty (30) minutes or more than one (1) hour. Traveling to and from the work site, City facilities or other work headquarters for lunch period shall be on the employee's own time. Employees in the Wastewater Collections section and in the Wastewater Plant section and those employees when handling pesticides shall have up to ten (10) minutes personal cleanup time prior to the lunch period, if necessary. In addition, employees required by the City to remain on duty, at a prescribed work site, in the interest of the City during their lunch period, shall be considered working and compensated accordingly. Section 9.5 Work Week/Pay Period. Subject to the exceptions cited below, the standard work week for full-time employment shall be forty (40) hours long within a seven (7) day work period, and eighty (80) hours of work shall constitute the standard pay period. The standard work week shall not exceed five (5) continuous days. Section 9.6 Non -Standard Shifts. Non-standard shifts for Water Treatment Plant Operators are bracketed in continuous eight (8) hour segments of working time within the period running from 4:00 p.m. of one day to 8:00 a.m. of the next day. The first of these shifts shall be titled the "swing shift" and the second of these shifts, following the end of the first one, shall be titled the "graveyard shift". Employees assigned to any such non-standard shift work schedule shall receive shift differential pay pursuant to Section 14.3.3. Section 9.7 Irregular Shifts and Work Weeks. Irregular shins and irregular work weeks, not coincidental with the standard descriptions provided herein, may be designated by management to accommodate the peculiar characteristics of street sweeping, park maintenance, wastewater plant, reuse facility and water treatment plant operation. Established irregular shift schedules will not normally be changed without mutual agreement between the City and the Union. 13 Collective Bargaining Agreement between City of Pasco and IUOE, Local 280 1/1/2016-12/31/2019 Page 92 of 108 Section 9.8 Snow Removal and Control. When snow removal and control are required to provide safe driving conditions on City streets or to keep streets open to traffic, management may adjust shifts or require greater than normal working hours as reasonably necessary, but for only so long as conditions require. ARTICLE 10 — Sick Leave Section 10.1 Scope/Conditions. Employees shall earn and may be granted time off with pay covering periods of illness or involuntary physical incapacity, except time off caused by accident in connection with other gainful employment, at the rate of one work day for each calendar month of service. Sick leave may be accumulated up to a maximum of one hundred and twenty (120) working days, which computes to nine hundred and sixty (960) working hours. In order to be granted sick leave with pay, an employee must meet the following conditions in accordance with departmental regulations: 10.1.1 Report to his/her Division Manager, immediate supervisor, or designated representative, prior to the beginning of the scheduled work day the reason their symptoms cause the employee to be absent from work. 10.1.2 An employee on sick leave shall keep his/her supervisor informed of his/her condition daily, except in known cases of extended illness. 10.1.3 An employee that is absent from work for five (S) or more days may be required to provide a fitness for duty statement from a licensed health care provider verifying his/her fitness to return to work. If such examination is required, the employer shall pay the full cost. An employee that is absent from work at the direction of a licensed health care provider shall, upon his/her return to work, provide to the employer a release to return to work from the provider. The employer shall provide a form for the health care provider to complete for this purpose. 10.1.4 An employee must permit the City to make a medical examination or nursing visit if the City deems it so desirable. The expense of such professional medical examination or professional nursing visit shall be paid by the City. Provided, however, this section is superseded by Article 16., in. the case of time off caused by an on-the-job illness or injury covered by State Industrial Workers Compensation. Section 10.2 Sick Leave Taken. Sick leave taken will count as hours worked, within the seven (7) day work week, for the purpose of straight time and not for the purpose of overtime at the rate of one and one-half (11/2) the regular rate of pay. Section 10.3 Illness in Family. Notwithstanding any other Article, employee shall be allowed to use accumulated sick leave for periods of illness or involuntary physical incapacity of himself or a family member as defined by the Family Medical Leave Act (federal FMLA), the Family Care Expansion Act (Washington) or any other applicable laws which may be promulgated during the term of this Agreement. Under FMLA, the employee will be required to show satisfactory proof of an illness/injury of himself or the family member needing care. (See Section 13.4 for additional FMLA language.) 14 Collective Bargaining Agreement between City of Pasco and RJOE, Local 280 1/l/2016— 12/31/2019 Page 93 of 108 Section 10.4 Doctor and Dentist Appointments. Bona fide doctor and dentist appointments of the employee and as covered by state/federal law are an authorized use of sick leave, but the employee is required to give his/her supervisor at least five (5) days advance notice of any such appointment. In the event of a medical emergency or acute illness, said notice requirement is waived. The City recognizes that sudden changes in appointment times may occur due to the availability of health care providers. The name of the treating doctor or dentist, the location where the treatment or examination shall take place, the date and the time that the appointment is scheduled are items of information that the employees are required to provide to their supervisor in support of a sick leave request for a doctor or dentist appointment, when such information is requested by the supervisor. Employees shall endeavor to schedule appointments outside of regular work hours. Section 10.5 Fraudulent Use of Sick Leave. Any use of sick leave outside of the terms of this Agreement through fraudulent means not involving a bona fide physical incapacity, shall be considered a serious offense and shall constitute a just cause action for formal disciplinary measures, including termination. Section 10.6 Vacation Leave Option. At the option of the employee, sickness in excess of the maximum number of days accrued may be charged to unused vacation leave. Section 10.7 Termination. Any employee terminating service due to their retirement, or resignation upon giving two (2) weeks advance notice thereof, or leaving City service due to death or layoff, shall receive payment for twenty-five percent (25%) of his/her accumulated and unused sick leave. Maximum conversion to pay shall be for an aggregate of one hundred eighty (180) hours (22.5 days) at the then prevailing hourly rate. Payment may be made in a lump sum or spread over a period not to exceed three (3) months, at the option of the City. This benefit shall not be available to any employee discharged for cause. ARTICLE 11— Vacation Section 11.1 Accrual (Subject to 11.3 maximums). Employees shall earn vacation per each month of continuous service in accordance with the following schedule: Years of Service 1-5 6-10 11-14 15 or more Amount Iii -Weekly Amount Annually 3.7 hrs. 96 hrs. (12 days) 4.62 hrs. 120 hrs. (15 days) 5.54 hrs. 144 hrs. (18 days) 6.28 hrs. 164 hrs. (20.4 days) Section 11.2 Vacation Scheduling. A vacation schedule shall be developed by the Department Director at the beginning of the calendar year which indicates to the extent reasonably possible, when each of the employees in a particular work unit desires to be away on vacation. Such schedules shall be in harmony with the letter and spirit of this Agreement. 11.2.1 In January, the employer will schedule vacations for the calendar year and the following January. Requests shall be submitted by employees during the first two (2) weeks of the month. The 15 Collective Bargaining Agreement between City of Pasco and RJQE, ideal 280 11112016— 12/31/2019 Page 94 of 108 employer shall prepare the schedule during the latter two (2) weeks of January. In the event of a conflict between requests, the employee with the longest service record shall be allowed vacation at that time. Vacation requests submitted to the employer after January of any calendar year shall be considered by the employer on a first -came -first -serve basis. Vacation requests submitted to the City will be approved or not approved within a reasonable period of time. 11.2.2 Vacation requests submitted to the employer after the first two (2) weeks of January of any calendar year shall be considered by the employer on a first -come -first -serve basis. Vacation requests submitted to the City will be approved or not approved within a reasonable period of time. 11.2.3 All vacations shall be scheduled by the City at times when they will constitute minimum conflicts with work schedules. Vacations shall normally be taken in periods of at least one (1) week's duration; however, vacation requests for periods of one (1) hour or more may be made. Approval of employee requests shall not be unreasonably withheld. When two (2) or more employees performing the same function request a vacation during the same calendar week and the City will allow only one (1) employee off during that period, the employee requesting the vacation first shall be allowed the vacation at that time, but the City will strive to accommodate additional employee vacation requests. Consideration will be given to allowing full-time employees summer vacations when practical. Section 11.3 Maximum Accrual. No vacations may be taken prior to the first six (6) months of continuous employment. No accumulation of accrued vacation credit in excess of what the employee earns in a one and one-half (1 %2) year period will be permitted. However, when an employee is within six (6) pay periods of reaching maximum accrual, the employer can require the employee to submit within one (1) week a plan to timely take vacation to avoid reaching maximum accrual. If the employee fails promptly to submit the requested plan, the Department Director or his designee will not be required to grant untimely vacation requests from the employee in order to avoid -losing additional vacation accrual until vacation is scheduled and taken under the provisions of this article, permitting further accrual. Section 11.4 Vacation Taken. Vacation taken will count as hours worked, within the seven (7) day work week, for the purpose of straight time and not for the purpose of overtime at the rate of one and one-half (11/2) the regular rate of pay. Section 11.5 Termination from Service. An employee who retires from City service shall receive payment for up to two hundred -forty (240) hours (30 days) of accrued vacation. Any excess vacation must be taken prior to the last day of employment. An employee who separates from City service for other than retirement shall be entitled to pay for all accumulated vacation unless termination is made during the initial probationary period or less than two (2) weeks' notice has been made to the appropriate Department Director. Section 11.6 No Mandated Vacation Shutdown. Employees in the respective departments shall not be required to take their vacations at the same time. Section 11.7 Leave Without Pay. If an employee requests additional vacation over what he/she has accrued, such requests may be granted by the Department Director, without pay. 16 Collective Bargaining Agreement between City of Pasco and lUOB, local 280 11112016-12/31/2019 Page 95 of 108 Section 11.8 Vacation Buyout. If an employee requests to work his/her earned vacation period, such request may be approved by the Department Director and the City Manager, provided there is sufficient money available in the budget to offset the additional cost. Such requests will only be considered in the case of exceptional need. However, each employee after entering their tenth (10a°) year of continuous service may convert up to five (5) days accrued vacation to cash in December of each year, provided the employee has maintained satisfactory work performance as shown on their last performance evaluation and has used at least ten (10) vacation days during the calendar year in which the cash out is taken. Section 11.9 Early Return to Work. Employees required to return to work from vacation by direction of management shall be compensated on a ane -far -one basis up to a maximum of three (3) work days at the rate of one and one-half (11/2) times the regular straight time rate of pay for the hours actually worked. Vacation leave not taken will be scheduled for a later date by mutual agreement of the employee and his/her Department Director. Section 11.10 Cancellation. When an employee is scheduled vacation leave at least three (3) months prior to the time taken and the City cancels the vacation with less than thirty (30) days notice, then the employee shall be paid in accordance with Section 11.9 above. Section 11.11 Unavailability of Vacation. hi the event the City denies an employee the opportunity to take vacation, even though the employee submitted the vacation plan required by Section 11. 2.1 and 11.3, and the employee has reached the maximum accrual of vacation time, then the City will pay the employee for days accrued but not taken in excess of the maximum accruals allowed until the employer permits vacation to be taken. ARTICLE 12 — Holidays Section 12.1 Official Holidays. The following are official holidays for all represented City employees. 12.1.1 January 1 12.1.2 Third Monday in January 12.1.3 Third Monday in February 12.1.4 Fourth Monday in May 12.1.5 July 4 12.1.6 First Monday in September 12.1.7 November 11 12.1.8 Fourth Thursday in November 121.9 The day following Thanksgiving 12.1.10 December 25 Section 12.2 Personal Holiday New Year's Day Martin Luther King's Birthday Presidents' Day Memorial Day Independence Day Labor Day Veterans' Day Thanksgiving Day Christmas Day 12.2.1 Regular, full time employees shall be eligible for one (1) personal holiday per calendar year. They shall be eligible for the first personal holiday after six (6) months of continuous employment and have passed probation. 17 Collective Bargaining Agreement between City of Pasco and RJOE, Local 280 1/1/2016-12/31/2019 Page 96 of 108 12.2.2 Regular, part time employees shall be eligible for one (1) personal holiday (pro -rated) per calendar year. They shall be eligible for the first personal holiday after six (6) months of continuous employment and have passed probation. 12.2.3 Seasonal employees who have been continuously employed by the City of Pasco for six (6) months or more each calendar year shall be entitled to one (1) personal holiday at their regular rate of pay. 12.2.4 The employee shall give fourteen (14) days' notice of the requested personal day off. Approval shall be subject to staffing or emergency requirements of the division/department. Section 12.3 When any of these holidays falls on the first scheduled day of rest, it shall be observed by the employee as a holiday on his/her last preceding regularly scheduled work day. When any of these holidays fall on the second scheduled day of rest, it shall be observed by the employee on his/her next succeeding regularly scheduled work day. Section 12.4 Authorized holidays falling during an employee's vacation period shall not be counted as vacation leave taken. Section 12.5 — Working the Holiday. An employee who works on a holiday will be paid a premium of one and one-half (P/2) times the regular rate of pay (holiday premium) for all hours worked. In addition to the holiday premium, the employee shall be paid for eight (8) hours for the holiday (paid holiday). Holiday means one of the designated holidays in Article 12.1. Note: holiday premium pay is not overtime and therefore cannot be subject to the compensatory time benefit. Floating personal holiday at employee's choice. Only available if employee has been continuously employed by the City for more than six (6) months and have completed their probationary period. This personal holiday will not carry over to the following calendar year. ARTICLE 13 — Other Leaves of Absence Section 13.1 Jury Duty. The City shall grant a leave of absence with pay to an employee to (a) serve on a jury in a federal, state or local court, or (b) serve as a witness in a criminal or civil case in the line of duty. Pay during such leave shall be at the employee's regular rate less compensation received (exclusive of mileage) for jury or witness duty performed. Section 13.2 Bereavement Leave. Administrative Order No. 226 as written, or as subsequently amended or revised will apply to employees represented by this agreement. Section 13.3 Medical Leave without Pay. Upon application of a regular employee, a leave of absence without pay may be granted for up to one (1) year by the City Manager for a disability because of sickness or injury. 18 Collective Bargaining Agreement between City of Pasco and 1U0E, Local 280 1/1/2016-12/31/2019 Page 97 of 108 Section 13.4 Family Medical Leave Act (FMLA) 13.4.1 Administrative Order No. 231 of the City Manager, originated November 22, 1993, setting forth the implementing procedures of the FMLA by the City is hereby incorporated by this reference herein as if specifically set forth. 13.4.2 Employees are cautioned to be mindful of the thirty (30) day advance notice and the use of the FMLA Leave Request Form when family or medical leave is intended to be used.. 13.4.3 FMLA leave may be coordinated with other leave benefits as noted in Administrative Order No. 231. Any conflict between a provision of this Agreement and Administrative Order No. 231 shall be resolved in favor of the language of this Agreement. Section 13.5 General Leaves of Absence. 13.5.1 Unpaid Leave. The City Manager may authorize a personal unpaid leave of absence, up to a maximum duration of one (1) year. This leave of absence may not be used for purposes of other employment (except for US military service). 13.5.2 Military Leave. An unpaid leave of absence, under the rules of USERRA, will be granted for service in the US Armed Forces (including the US Coast Guard and National Guard). The employee on military leave of absence will follow all return requirements as noted in USERRA. Failure on the part of the employee to notify and report to the City for employment as required by USERRA will be considered voluntary resignation, 13.5.3 Reinstatement. Upon expiration of an approved leave of absence, an employee shall be reinstated in the position held at the time the leave was granted, if the position is still remaining, or in a position of similar responsibility. Only the employees advanced to fill the temporary vacancies created by the leave of absence shall be affected and, in each case, shall return to the jobs they left. Employees who are granted a leave of absence shall not lose their established seniority. 13,5.4 Union Office. Any employee appointed or elected to office in Local Union No. 280 shall not lose his/her established seniority with the City if granted a leave of absence upon application. Leave of absence under this clause shall be limited to one (1) year, except that the City may grant extensions in increments of one year for as long as the City deems practical. ARTICLE 14 — Classification and Wages Section 14.1 Rates of Pay. (See Wage Schedule.) * 2016 — New wage schedule effective January 3, 2016, minimum 2% (for current members only at the time for ratification). If not reflective in the new wage scale, increase will be provided in a lump sum payment. 2017 —1.5% to deferred compensation with city match in lieu of cast -of -living adjustment (cola). 19 Collective Bargaining Agreement between City of Pasco and WOE, Local 280 101/2016 —12/31/2019 Page 98 of 108 • 2018 —1.5% to deferred compensation with city match in lieu of cola. • 2019— 90% of CPI -U (West Coast B/C) June to June —1% minimum— 3% maximum. 14.1.2 Certification premiums will be effective the first full pay period following full ratification of this agreement 14.1.3 Re seasonal employees: Each seasonal employee after completion of his sixth (6') month of work will be credited an additional eight (8) hours regular pay upon request, in the following pay period or on his final paycheck. This incentive shall in no way create or cause an overtime pay claim by the employee or other employee(s) that pay period nor shall it be counted toward working hours. Section 14.2 New Employees. The City, at its discretion, may hire anew employee at a higher entry level rate if s/he has a college degree or years worked in an applicable field. Section 14.3 Overtime. Overtime work shall include only that work performed by represented employees at the direction of their Department Director or Division Manager, or his authorized representative, and shall be as follows: 14.3.1 Time worked in excess of eight (8) hours per day and/or forty (40) hours in a designated seven (7) day work period, shall be paid at time and one-half (1'/ti) of the regular rate. The work week shall not be lengthened solely to take advantage of an employee's illness; vacation or holiday so as to avoid overtime pay. Overtime will be distributed equitably among those employees who normally perform the work. Compensatory time may be granted in lieu of overtime pay. Compensatory time will be administered pursuant to Administrative Order No. 279, originated August 27, 1986, including an amendment thereto that the city reserves the right to pay off the accumulated compensatory time of any employee, at any time, at the then prevailing rate. 14.3.2 An employee who is called back to work from off the work site shall receive pay at the overtime rate of time and one-half (1 %z) for all hours worked. Employees called out who are not carrying a cell phone shall also receive a call out premium pay of forty dollars ($40.00). This section shall not apply to employees who are held beyond the completion of their shift. 14.3.3 The shift differential premium for swing and graveyard shills shall be fifty ($.50) cents an hour and shall be considered a part of base pay. This differential shall not apply to employees who are entitled to premium or overtime pay for such work. 14.3.4 Whenever an employee's shift hours are changed to accommodate emergency snow removal (see Section 9.8), the employee shall receive call -out pay. 14.3.5 Within the Facilities Division, at least one (1) bargaining unit employee shall be permitted (normally at their option, but may be required by the employer) to work at any location requiring any number of seasonal/temporary employees performing bargaining unit work beyond the scheduled end of shift, except: 1) when such seasonal/temporary employees are performing custodial W Collective Bargaining Agreement between City of Pasco and IUOE, Local 280 1/I/2016— 12/3112019 Page 99 of 108 duties or the mowing of grass or 2) on weekends or holidays if the hours of work assigned to the respective seasonal/temporary employees are their regularly scheduled hours and the work assigned is within the scope of their regularly assigned duties. 14.3.6 Qualified Facilities Division bargaining unit employees shall have the option to work beyond regularly scheduled hours to perform authorized repair of Facilities Division equipment (excluding vehicles) when, in the sole discretion of the supervisor, said repairs can be performed in the time period available, would not interfere with the performance of regular duties of the respective employee, and the overtime cost of the repair is not expected to exceed the labor cost associated with other repair options available to the employer. Section 14.4 Paid Meal. Employees called back to work from off the work site or held beyond the end of their normal shift, shall be eligible for twelve ($12.00) dollars for the cost of a prepared meal under the following conditions: 1.4.4.1 Call back work must be for four (4) or more continuous hours. 14.4.2 Held over work must be for two (2) hours or more continuous hours. Time utilized for such meals shall not be compensable unless the employee is required to remain on duty as described in Section 9.4. Section 14.5 Cellular Phone. The Employer and any employee may mutually agree that the employee will accept stand-by assignments and carry the cellular telephone. Said employee will be paid a premium (not included in base pay for overtime purposes) in the amount of three dollars ($3.00) per hour. 14.5.1 Should an insufficient number of qualified employees volunteer for stand by duty (one (1) week rotation), the Union agrees that the manager may create an on call list including all applicable employees in the division(s). The City agrees that twelve (12) persons (excluding Water & Waste Water Treatment Plant employees) volunteering for stand by for filed calls would be a sufficient number. 14.5.2 Each employee on stand-by will be in a location when outside of their regular shift hours where that employee can be reached by cellular telephone assigned to the employee (by mutual agreement) for emergency call-in purposes and respond to the site of their respective workplace no later than thirty (30) minutes from the time the call was received. The cellular phone shall be furnished to the employee at no cost to the employee. Use of the cellular phone is authorized for no other purpose than to receive and/or respond to an emergency call-in. An employee on stand-by who becomes sick or has such emergency arise that he or she is unable to respond to a call-in shall call their Manager or the Manager's designee in order that the Manager can then exercise management judgment in such emergency conditions. 14.5.3 Stand-by can be traded between employees rotating the assignment of the cellular telephone within their respective division with prior notice and approval from the appropriate division Manager. 14.5.4 The rotating stand-by lists will be prepared by the appropriate Division Manager and updated by the Manager as needed. 21 Collective Bargaining Agreement between City of Pasco and IUOE, Local 280 v1f2016-12/31/2019 Page 100 of 108 14.5.5 The employee shall not be required to be assigned on stand-by during the employee's scheduled vacation unless the employee so consents. Section 14.6 Headquarters/Travel. Employees shall travel from work site to work site on City time and shall report to the department headquarters where they are regularly employed, although they may be assigned to work within any department covered by this Agreement. When an employee is assigned to work in a division in which he/she is not regularly employed, shall report to the headquarters for that division while on temporary assignment. Meals may be taken at the nearest location where sanitary facilities are available or at the employee's division headquarters. Section 14.7 Pay Period/Payday. The City will pay employees on the basis of twenty-six (26) pay periods per year and payday will normally be every other Friday. If a payday falls on an authorized holiday, every effort will be made to pay employees on the preceding business day. Existing paycheck stub information showing the employee's accrued vacation and sick leave, and amount of regular and overtime hours worked, will continue to be provided by the City. Section 14.8 Relief from Duty. Except due to disciplinary action, an employee who reports to a normally scheduled shift and is relieved from duty prior to the normally scheduled end of his/her shift, shall receive a minimum of four (4) hours pay, inclusive of hours actually worked. Section 14.9 Temporary Assignment. Any employee covered by this Agreement working out of classification shall be paid the rate of one dollar ($1.00) per hour above his regular rate of pay for the first hour and for each additional working hour thereafter until relieved of the temporary assignment. Working out of classification means the employee is required to perform substantially all of the essential job functions of the higher classification. ARTICLE 15 — Insurances Section 15.1 Group Medical Insurance. The City shall make available group medical and hospital insurance; the premiums for which shall be shared by the City and the employee, subject to the below cited conditions. The City may deduct such premium amount from the employee's paycheck on a regular basis. 15.1.1 The Non -Represented medical insurance premium, medical insurance premium cap and medical plan (e.g., coverage, deductibles, maximum out of pocket amounts, etc.) will be followed. followed. 15.1.2 Prescription card benefit. The Non -Represented prescription card benefit will be 15.1.3 Wellness program benefit: The Non -Represented wellness benefit will be followed. Notwithstanding; the above, in the event state or federal legislation requires the Employer to make changes in the group medical benefits provided employees during the life of this Agreement, the Employer reserves the right to make the required changes, provided, however, the employer provides the bargaining representative with at least thirty (30) days advance notice of the change(s) and further provided that, either the employer or the union may require this subsection to be re -opened in 22 Collective Bargaining Agreement between City of Pasco and 1UOE, Local 280 1//2016-12/31/2019 Page 101 of 108 negotiations if the change results in a reduction of benefits or an increase (by at least 10%) in the amount of premium paid by either the employer or the employee for the employee, their spouse and dependents by providing the other with written notice within fourteen (14) days receipt by the bargaining representative of the notice from the employer of the proposed changes. In addition the City agrees to comply with RCW 41.56 if additional benefits are added to the current plan. Section 15.2 Dental Insurance. The City will continue to offer dental benefits to each employee and their dependents. The Non -Represented dental benefit will be followed. Section 15.3 Insurance Carrier. The City retains the right to select the carrier for any or all of the above coverages provided employee contributions are not increased nor benefits reduced, except as permitted above. Section 15.4 Group Life. The City, at its expense, shall make available group term life insurance of $15,000, face value, for each employee. Section 15.5 Vision Care. The City shall make available the vision insurance available to covered employees and their dependents which is available to non -represented employees and their dependents. The premium for vision insurance will be shared with the City at 50%-50%. ARTICLE 16 -- Occupational Injury/Illness Section 16.1 An occupational injury/illness will be accordance with Administrative Order No. 250 — Workers Compensation (Industrial Insurance) dated February 10, 2011. Any conflict between a provision of this Agreement and Administrative Order No. 250 shall be resolved in favor of the language of this Agreement. Section 16.2 Sick Leave Without Pavy. Sick leave without pay, once all earned leave benefits are exhausted, may be granted by the City for an employee on leave due to accident or illness, but such leave shall not exceed one (1) year in duration. During this time, the employee shall continue to earn seniority within the Union but will not be eligible to receive or accrue other benefits under this contract or other City ordinances, resolution or administrative order. ARTICLE 17 — Training Section 17.1 Maintenance of Certification. 17.1.1 Employees required by the City to maintain a valid Washington State Public Operators' Pesticide License shall receive training at City expense. 17.1.2 Employees required by the State of Washington and the City to maintain certification in water distribution or operation and sewer plant operation, as a condition of their employment, shall be offered training in addition to safety and first-aid training, at City expense, sufficient for the employee to earn at least the minimum number of CEU's required to maintain their State Certification for the position the employee holds for the City. 23 Collective Bargaining Agreement between City of Pasco and ME, Local 280 1/1/2016 — 12/31/2019 Page 102 of 108 17.1.3 "At City expense" as used herein means that the employee will be paid for the time spent in a seminar, class or other City selected training where CEU's are earned. The cost of registration and required materials, and the actual cost of transportation (if outside the Tri -Cities area). No overtime will be claimed unless mandated by the FLEA or state law. Travel time to and from any employer offered training is not compensable unless required by the FLEA. 17.1.4 The City shall determine the means of transportation for training outside of the Tri - Cities area. If the employee's personal automobile is used as the means of transportation, the City shall pay the employee's mileage at the then current prevailing Federal (1RS) mileage rate. ARTICLE 18 — Transfers, Force Reduction and Rehire Section 18.1 LayoffBumping. In the event of a layoff, the employee with the shortest length of continuous service in the job classification affected shall be laid off first. Employees being laid off may choose to transfer to an equal or lower pay classification within the bargaining unit, provided that the employee meets the minimum job qualifications for the position, including the passage of any written and practical tests which would be given to an applicant for the position were it otherwise open, and providing that the employee has more seniority than the employee occupying said classification, and providing that the City can provide sufficient operations. The Union shall have the right to make a written recommendation, to management explaining its views on the relative qualifications of the affected employee(s). The Union and the employer agree that, in the event of a layoff of an employee that is currently classified as a Heavy Equipment Operator, that employee would, without testing, meet the minimum qualifications for a Light Equipment Operator's position; and that a Groundsman I would, without testing, meet the minimum qualifications for a Groundsman II position; and that any employee in the bargaining unit in a position above Utility Maintenance Worker, who possesses a current CDL, is minimally qualified, without testing, for the Utility Maintenance Worker position. Minimum job qualifications means those qualifications reflected in the then current job description of the job classification. Section 18.2 Seniority Retention. Employees laid off due to force reduction will retain their established seniority for two (2) years. Seniority shall be considered broken if an employee is offered re- employment and refuses the same. Employees rehired before the two (2) years, will receive credit for sick leave accrued but not taken or cashed out at termination, upon being rehired. Employees rehired before the two (2) years will receive credit for sick leave accrued but not taken or cashed out at the time of layoff, upon being rehired. Prior service shall be counted for vacation purposes. Section 18.3 Employee Responsibility. Employees who have been laid off who wish to return to work shall keep the City's Human Resources Office advised of their current address. Section 18.4 Transfers/Training/Break-in Period. When an employee is transferred to any position to which s/he has no previous experience, s/he shall be given a reasonable break-in period with an experienced person in that position. If an experienced employee is temporarily assigned to replace another employee, s/he shall be paid the amount for that classification or job assignment, but not less than the employee's current rate of pay. 24 Collective Bargaining Agreement between City of Pasco and RJOE, Local 280 1/112016-12131/2019 Page 103 of 108 The City shall have the right to assign individuals to cross -training, not to exceed six (6) months in duration. Probationary employees may be involved in a mandatory cross -training program which is in addition to the cross -training program addressed in this article. Any employee interested in cross -training shall submit a written request to his supervisor. Upon approval, and based on the needs of the City, said employee shall be cross -trained. Upon approval of the cross -training request, the employee who is being trained will be provided the approximate length of time involved for the purpose of the training and the training expectations. ARTICLE 19— Safety Section 19.1 Responsibilities. The City will provide safety measures and safety rules to minimize accidents and health hazards to the employees during the hours of their employment. The Union agrees to cooperate with the City to the end that the employees will use such safety equipment when so provided and observe such safety and health regulations as provided by the City. In addition, the Union agrees that the City will designate each operator to be responsible for inspecting the equipment he/she operates on a given day and will report to his/her supervisor any defects or needed maintenance. Section 19.2 First -Aid Training. The City and Union recognize the first-aid obligations imposed upon the employer and employee by WAC 296-800-150. At least annually the City will offer first-aid classes for employees on City time. Employees have an obligation to participate in first-aid courses to maintain first-aid certification. However, this obligation can be fulfilled via voluntary completion of appropriate courses offered by other groups and institutions. Section 19.3 Equipment/Uniforms. The City, at its expense, will provide and make available, as needed, all necessary personal equipment to assure safety and to assist in the proper performance of designated work. Such basic equipment to be provided by the City includes, but is not limited to the following: Change safety vests. Hard hats. First aid kits in each vehicle. Rain coats and pants. Overboots. Employees shall be responsible for the safe keeping of such equipment. Employees shall use this equipment in accordance with rales and regulations promulgated by the Department of Labor and Industries and confirmed by the City Manager. In addition, the City, at its expense, will furnish and the employee shall wear an appropriate uniform consisting of the following: 19.3.1 A City Hat. An employee shall wear no other hat, if wears a hat, while in the performance of his/her duties, except that a clean, plain, neutral color baseball style cap may be worn. Alternate headwear may be worn if approved by management. No logos of any kind shall be permitted other than the City logo. 25 Collective Bargaining Agreement between City of Pasco and IUOE, Local 280 1/112016-1213112419 Page 104 of 108 19.3.2 Pants. Employee shall be required at a minimum to wear a clean pair of pants or blue jeans every two (2) working days. The City will provide clean uniform pants or blue jeans on an as needed basis. 19.3.3 Shirt. Employee shall be required to report to work wearing a clean shirt each day. Short or long sleeve shirts will be provided at the employee's option. Employees shall be provided a compliment of eleven (11) shirts. Employees shall be responsible for laundering T-shirts or uniform shirts not covered under the laundry service provided by the City. 19.3.4 Coveralls. Two (2) pairs of coveralls per employee will be provided by the City. The City will provide clean coveralls on an as needed basis. Employees may have the option to select eleven (11) pairs of coveralls in lieu of all other clothing allotments. The City's name, the department's name, and the employee name shall appear on the employee's shirt. The City's name will appear on the employer provided hat. No logo or name shall appear on the employee provided hat, if any. The City will provide replacement articles as reasonable wear and tear dictates. Lost articles of clothing will be replaced at employee expense. ARTICLE 20 — Seniority Section 20.1. Continuous Service. Employees covered by this Agreement shall have their seniority determined by their total length of continuous service with the City (there is no departmental seniority). In cases where two (2) or more employees start to work on the same date, the date of application for employment shall establish the position on the seniority list. Section 20.2 No Accrual During Probation. The first six (6) calendar months following the date of employment shall constitute a probationary period, during which time seniority shall not apply. Once the probationary period has been completed, the employee's seniority date shall be retroactive to the employee's date of hire. Section 20.3 Transfers. City employees within the departments covered by this Agreement will be given first consideration for lateral transfers and promotions to higher classifications within the bargaining unit. If an examination is given to determine qualifications, the examination shall be based exclusively on the tasks to be performed for the position to be filled. If the qualifications of applicants are equal, seniority shall govern. All those meeting the minimum announced qualifications for the position in question will be permitted to compete in the selection process. The City acknowledges the value of having uniform examinations for each job classification and will test employees, where necessary, using only standardized examinations which apply to the job classification. Section 20.4 Posting of Job Openings. The posting of all job openings approved by the City Manager shall follow the creation of opening of vacancy and job vacancy shall be posted on the department and division bulletin boards for a period of at least five (5) working days. The City shall strive to fill such vacancies within thirty (30) days after the posting of such vacancy. Section 20.5 Promotion/Demotion -Supervisory Position. In the event an employee covered under this Agreement is promoted into a supervisory position not covered by this Agreement, he/she will 26 Collective Bargaining Agreement between City of Pasco and ME, Local 280 vl/2016— 12/31/2019 Page 105 of 108 continue to earn seniority in the classification from which he/she was promoted for the first six (6) months in the supervisory position. After six (6) months, the employee will no longer earn seniority in the classification. In the event the employee is later demoted, he/she cannot use his/her seniority to bump the person then occupying his/her former position. ARTICLE 21 — Commercial Drivers License (CDL) Section 21.1 Reimbursement for Costs. The City shall reimburse employees for the following costs incurred by the employee to maintain his/her CDL and the endorsements required for his/her job duties. License testing fees. License fee, exclusive of regular basic driver's license fee. The City shall arrange for and pay up front the cost of the required physical exam (that location designated by City), however, in the event the employee, after taking the physical exam, terminates their employment with the City prior to passing the necessary tests and paying the required testing and licensing fees to maintain their CDL, the cost of the physical may be deducted from the employee's final pay check. Section 21.2 Maintenance Responsibility. The employees shall each be responsible to maintain their CDL with the endorsements necessary for their job duties on their own time. In the event the employee's CDL becomes invalid, then said employee shall be responsible for all costs incurred to reinstate his/her CDL and required endorsements. Section 21.3 New Employees. Employees hired on the condition that they obtain a CDL within a time certain, shall be reimbursed by the City for their out-of-pocket costs for the required physical exam, test and license fees to obtain the required CDL and endorsements, but only if they are successful in obtaining the CDL in a timely manner and pass their probationary period of employment. Section 21.4 Motor Vehicle Accidents. Employees shall inform their employer as required by law, of all motor vehicle accidents in which they are involved, any conviction for a criminal traffic offense, and shall sign a release authorizing the City to obtain a certified copy of their driving record from the Department of Licensing on at least an annual basis. Section 21.5 CDL Law Changes. If, during the period of this contract, the law substantially changes regarding CDL's, this Article is open to re -negotiation at the request of either party. ARTICLE 22 — Smoking Restrictions The City may institute reasonable rules concerning the prohibition of smoking in confined areas where it may bother employees or citizens who do not smoke. 27 Collective Bargaining Agreement between City of Pasco and IUOE, focal 280 1/1/2016-12/31/2019 Page 106 of 108 ARTICLE 23 — Americans with Disabilities Act Notwithstanding any other provision of this Agreement, the employer may take all actions necessary to comply with the Americans with Disabilities Act. ARTICLE 24 — Substance -Free Workplace Administrative Order No. 65A, dated August 28, 1992, concerning a substance -free workplace, is incorporated herein by this reference. ARTICLE 25 — Implementation of Changes Upon Ratification Benefits of this contract (including any retroactive provisions) shall only apply to those members who are employed with the City on the effective date of the contract. ARTICLE 26 — Deferred Compensation The City 457 deferred compensation pian is offered through ICMA RC, plan number 300890. This deferred compensation provision is subject to the City deferred compensation rules and regulations and IRS regulations. The computation of retirement contributions and pension benefits shall be governed by applicable state law. Collective Bargaining Agreement between City of Pasco and 11JOE, Local 280 1/112016-12/3112019 Page 107 of 108 Dated at Pasco, Washington, this City of Pasco Dave Zabell, City Manager ATTEST: Debra L. Clark, City Clerk IUOE, Local #280 Debbie Hendrick, Business Manager Cory Stratton, President Joe Robles, Steward Dean Pollick, Steward day of 2016. Steve Davidson, Business Representative Don King, Recording/Corresponding Secretary Sand Suarez, Steward hiS Collective Bargaining Agreement between City of Pasco and IUOE, Local 280 in/201b-121/31/2019 Page 108 of 108