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HomeMy WebLinkAbout2016.07.25 Council Workshop PacketAGENDA PASCO CITY COUNCIL Workshop Meeting 7:00 p.m. July 25, 2016 Page 1. CALL TO ORDER: 2. ROLL CALL: (a) Pledge of Allegiance 3. VERBAL REPORTS FROM COUNCILMEMBERS: 4. ITEMS FOR DISCUSSION: (a) WCIA Insurance Summary Update Presented by Stan Strebel, Deputy City Manager 3-27 (b) Land Sale to CBC Student Housing, LLC 28-36 (c) Final Acceptance: Wastewater Treatment Plant Safety Improvements Project 37-47 (d) Interlocal Agreement for School Resource Officer Services 48-54 (e) Repeal of Juvenile Curfew 55-60 (f) Adoption of Stormwater Management Manual for Eastern Washington 5. MISCELLANEOUS COUNCIL DISCUSSION: 6. EXECUTIVE SESSION: 7. ADJOURNMENT. REMINDERS: 7:30 a.m., Wednesday, July 27, 7130 W. Grandridge Blvd — Visit Tri -Cities Board Meeting. (COUNCILMEMBER MIKE GARRISON, Rep.; TOM LARSEN, Alt.) 4:00 p.m., Thursday, July 28, 7130 W. Grandridge Blvd — TRIDEC Board Meeting. (COUNCILMEMBER MIKE GARRISON, Rep.; TOM LARSEN, Alt.) Page 1 of 60 Workshop Meeting July 25, 2016 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 2 of 60 AGENDA REPORT FOR: City Council July 15, 2016 TO: Dave Zabell, City Manager Workshop Meeting: 7/25/16 FROM: Stan Strebel, Deputy City Manager Executive SUBJECT: Land Sale to CBC Student Housing LLC I. REFERENCE(S): Proposed Resolution II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Discussion III. FISCAL IMPACT: Approximately $800,000 if all phases (1-3) are sold IV. HISTORY AND FACTS BRIEF: In June Council authorized the execution of a purchase and sale agreement with CBC Student Housing, LLC for the purpose of constructing student housing on approximately one-half of the City's 10 -acre parcel at the southeast corner of 20th Avenue and Argent. The property is to be sold in phases depending on the ability of CBC to rent units. The first phase is planned for construction in order to accept students in September 2017. If all phases of the project are constructed, the total land sale will be up to 4.751 acres. The sales price is $4.00 sqft, which will be indexed to inflation after January 2018. V. DISCUSSION: Staff is continuing to work with CBC LLC to refine the details of the sale, and the project. The proposed resolution sets forth the City's rationale for the sales price, in addition to Page 3 of 60 satisfying the formal requirements for sale of the City's real property. Staff recommends approval. Page 4 of 60 RESOLUTION NO. A RESOLUTION of the City of Pasco, Washington, approving the sale of certain real property near 20th Avenue and Argent Road. WHEREAS, the City owns approximately 10 acres of real property at the intersection of 20th and Argent Road for development purposes; and WHEREAS, Columbia Basin College has petitioned the City to sell a portion of that property for the purpose of college housing; and WHEREAS, a proposal has been submitted to the City by CBC Student Housing, LLC, for the purpose of constructing such housing opportunities for the College to be built upon up to 4.751 acres of a portion of the City's property; and WHEREAS, the appraisal, together with the site improvements that will be made to and benefit the remaining City -owned parcel, demonstrate a value in excess of $4.00 per square foot which the City Council accepts as an appropriate price for this specific project; and WHEREAS, the proposed use of the property advances the economic development goals of the City, as well as enhancing the educational opportunities within the City. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DOES RESOLVE AS FOLLOWS: Section 1. That the City sale of certain real property consisting of up to 4.751 acres to CBC Student Housing, LLC, for the purpose of college housing in conjunction with Columbia Basin College according to the terms as described in the Purchase and Sale Agreement attached hereto as Exhibit A. Section 2. That the City Manager is hereby authorized to execute all documents necessary to effect the sale of the property in accordance with the Purchase and Sale Agreement. PASSED by the City Council of the City of Pasco at a regular meeting this 1st day of August, 2016. Matt Watkins, Mayor ATTEST: Debra Clark, City Clerk Leland B. Kerr, City Attorney Page 5 of 60 PURCHASE AND SALE AGREEMENT THIS PURCHASE AND SALE AGREEMENT (hereinafter "Agreement") is entered into on this 29th day of June, 2016, between the City of Pasco, a Washington Municipal Corporation (hereinafter "City") and CBC Student Housing, LLC, (hereinafter "Purchaser") for establishing the terms and conditions for the sale of real property (hereinafter "Property") legally described as set forth below: Land sufficient to develop up to 378 student housing units as allowed under City development regulations and mutually -agreeable design parameters; up to 4.751 net acres, including, in particular, sub -parcel A described as the southeast corner (289.73 feet running east to west and 275.42 feet running south to north) as a portion of that certain real property designated as Parcel ID Number 113300255 as shown on Exhibit A, which is attached hereto and incorporated by this reference. RECITALS WHEREAS, City is the owner of real property located in Franklin County, Washington, which real property is described more particularly in section 4 below; and WHEREAS, City wishes to sell such real property and Purchaser wishes to purchase such property under certain terms and conditions as set forth below; NOW, THEREFORE, In consideration of the mutual covenants contained herein, the parties agree as follows: 1. Purchase and Sale. City agrees to sell, and Purchaser agrees to purchase: (a) The property as generally described above and or particularly determined as provided in Section 4 below. (b) All development rights relating to the real property; (i) all rights to obtain utility service in connection with the real property; (ii) assignable licenses and other governmental permits and permissions relating to the real property and the operation thereof. (c) The land, improvements, and appurtenances which constitute real property are hereafter collectively defined as the "Real Property." All of the Property included by reference within the foregoing paragraphs 1(a) through I (c), both reai and personal, is hereinafter collectively referred to as the "Property." (d) Conditions of sale: (1) The property shall be developed and used solely for the purpose of providing student housing to serve Columbia Basin College as provided in the covenants which shall run with the land as attached in Exhibit B, which is attached hereto and incorporated by this reference. Purchase and Sale Agreement—CBC Student Housing LLC - Page 1 Page 6 of 60 (2) The property shall be developed in accordance with the development plan as designated in Exhibit C, which is attached hereto and incorporated by this reference. The purchaser shall incorporate landscape design standards that discourage access to the city -owned pond on the golf course. (3) This Agreement is conditioned upon final approval of the City Council of the City of Pasco prior to closing as required by PMC 2.46. 2. Purchase Price/Financing. The purchase price for the Property shall be $4.00 per square foot. The City represents that the Property totals approximately 4.751 acres. The purchase price will be based upon the square footage defined in such survey. The purchase price is payable in cash to the City at closing subject to the Phased Options as provided in Section 5 below. 3. Method of Payment. Within ten (10) business days of the effective date of this Agreement, Purchaser will deposit with Denton -Franklin Title Company (escrow agent), an earnest money deposit in the sum of Twenty -Five Thousand and 00/100ths Dollars ($25,000.00), which shall be held in an interest bearing trust account. This deposit shall be applied to the purchase price. (a) Purchaser agrees that the earnest money deposit shall be paid to City if the sale does not close after Purchaser has removed all contingencies in writing. (b) Upon closing, Purchaser shall electronically transfer proceeds of Purchaser's financing for the balance of the purchase price or issue a cashier's check in the amount of the purchase price. 4. Survey. (a) The City shall, at the City's sole expense, within fifteen (15) days following the effective date of this Agreement, provide a current survey of sub -parcel A of the Property and shall: (1) Provide a metes and bounds legal description of sub -parcel A of the Property. (2) Calculate the exact square footage of sub -parcel A upon which the purchase price as provided in Section 2 above shall be calculated. (3) Identify the common roadway location. (b) Within 120 days following the effective date of the Agreement, or such other time extension as may be agreed to, in writing, the parties, by mutual agreement, shall designate the approximate location and size of two additional parcels within the Property for the purpose of the Phased Options as provided in Section 5 below. The legal descriptions for such sub -parcels and the exact square footage of each such sub -parcel shall be described by a survey to be provided, at the City's sole expense, within thirty (30) days of the designation of the sub -parcels. Purchase and Sale AgreementCBCStudent Housing LLC - Page 2 Page 7 of 60 5. (c) Purchaser shall have ten (10) days from the date of delivery of the survey for sub - parcel A to revoke, by written notice, this Agreement at which time this Agreement shall be null and void and the Purchaser shall be entitled to the return of their earnest money deposit. If the Purchaser fails to object, or waive its notice to object, the survey shall be the acknowledged basis upon which the purchase price shall be calculated as provided in Section 2 above. (d) The City shall, at City's expense, within thirty (30) days following the Purchaser's waiver, or expiration of its objection, secure a lot segregation for the sub -parcel A Property, and a sub -lot segregation which shall be effective upon closing. Phased Option. (a) Purchaser, by its initial below, elects a phased purchase of the Property. Upon such election, Purchaser shall purchase the southeast corner, designated as sub - parcel A. The legal description including the square footage shall be utilized for the calculation of the purchase price at $4.00 per square foot, which purchase shall be closed as provided in Section 11 and Section 12 below. (b) Following closing on sub -parcel A, Purchaser shall have an option to purchase sub -parcel B on or before January 1, 2020. The base purchase price for sub - parcel B shall be calculated based upon the survey determination of square footage at $4.00 per square foot. In the event Purchaser does not exercise the option to purchase sub -parcel B on or before July 1, 2018, the purchase price shall be increased by an amount equal to the increase in the Consumer Price Index (CPI -U) between the date of closing as provided in Section 11 below, and the date of closing purchase of sub -parcel B. (c) Following closing on sub -parcel A, Purchaser shall have an option to purchase sub -parcel B and sub -parcel C together during the first option period. As a condition for exercising this first option, the Purchaser shall faithfully perform all terms and conditions of this Agreement including those documents incorporated by reference. (d) Purchaser shall have the option to purchase sub -parcel C on or before January 1, 2022. The base purchase price for sub -parcel C shall be calculated based upon the survey determination of square footage of $4.00 per square foot. In the event Purchaser does not exercise the option to purchase sub -parcel C on or before July 1, 2018, the purchase price shall be increased by an by an amount equal to the increase in the Consumer Price Index (CPI -U) between the date of closing of this Agreement and the date of closing upon sub -parcel C. As a condition for exercising this option, the Purchaser shall faithfully perform all terms and conditions of this Agreement including those documents incorporated by reference, and provided that Purchaser has previously purchased sub -parcels A and B, or such sub -parcels are being purchased simultaneously with the purchase of sub -parcel C. City's Initials Purchaser's lnitia Purchase and Sale Agreement—CBC Student Housing LLC - Page 3 Page 8 of 60 By the initials above, the parties agree to a phased purchase option as described above. 6. Title. Title to the Property is to be so insurable at closing under terms of the title policy required to be delivered by City under terms of paragraph 7 hereof. All title insurance charges for the policy referenced in paragraph 7 below in the amount of the purchase price shall be equally divided between the parties, except for the cost of any special endorsements requested by Purchaser and cancellation fees shall be paid by Purchaser. 7. Preliminary Commitment. Within fifteen (15) days from the last party's execution of this agreement, City shall furnish Purchaser with a preliminary report/commitment from Benton -Franklin Title for an ALTA owner's policy of title insurance with respect to the Real Property, together with a copy of each document forming the basis for each exception referenced therein. Purchaser shall advise City of any title objections within five (5) days of its receipt of the report/commitment to remove all exceptions or conditions in the title commitment. If within ten (10) days after its notice to City, Purchaser have not received evidence satisfactory to it that such unsatisfactory items can and will be removed at or prior to closing at City's sole cost and expense, then Purchaser may elect to (a) terminate this Agreement and receive a full refund of the deposit, (b) waive such defects, or (c) continue this Agreement in effect pending their removal. Removal of unsatisfactory items or their waiver shall be a condition of closing. If Purchaser does not make an election within thirty (30) days of its execution of this Agreement, Purchaser shall be deemed to have waived the defects. 8. Due Diligence, Inspection Period. (a) Within fifteen (15) days following the effective date of this Agreement, City shall provide Purchaser with the title commitment described in paragraph 7 above, together with all relevant documents relating to the Property, including but not limited to copies of all easement, lot segregation and all other covenants and restrictions with respect to all or portions of the Property; and all existing surveys and other reports and studies relating to the Property or its use or development in the possession of City. (b) Purchaser shall have sixty (60) days from the effective date of this Agreement (the "Inspection Period") within which to conduct an examination of the Property, including examinations of title, engineering tests, soils tests, water percolation tests, ground water tests, environmental examinations, market studies, appraisals, and any other tests or inspections which Purchaser shall have deemed necessary or desirable for the purpose of determining whether the Property is suitable for his intended uses. On or before the expiration of the Inspection Period, the Purchaser shall notify City in writing, with a copy to Escrow Agent, whether Purchaser intends to purchase the Property or terminate this Agreement. If Purchaser elects to purchase the Property, then the Inspection Period shall terminate and Purchaser's obligation to purchase and City's obligation to sell the Property shall remain, subject to the other terms and conditions of this Agreement. If Purchaser elects not to purchase the Property, then this Agreement shall be void and of no further force and effect, and the deposit shall be returned to Purchaser. In the event Purchaser fails to notify City in writing of its election to purchase the Purchase and Sale Agreement --CBC Student Housing LLC - Page 4 Page 9 of 60 Property or terminate this Agreement prior to the expiration of the Inspection Period, then Purchaser shall be deemed to have elected to terminate this Agreement. (e) Purchaser agrees to repair any damage to the Property resulting from any activities of Purchaser or his agents or consultants on the Property before closing. Purchaser agrees to defend, indemnify and hold the City harmless from any and all damages, expenses, claims, or liabilities (including but not limited to attorney's fees and costs) arising out of any activities of Purchaser or his agents or consultants on or about the Property before closing, except to the extent that the same results from the City's negligence. Purchaser shall not be liable for any inspection claim resulting from Purchaser's discovery of any pre-existing condition (including, but not limited to, the existence of any hazardous materials) in, on, under or about the Property or any exacerbation of a pre-existing condition in, on, under or about the Property, except to the extent that the exacerbation results from the negligent act or omission of Purchaser or his agents or consultants. (f) Buyer's obligation to purchase this Property is conditioned upon Purchaser constructing and operating a housing project solely for the benefit of Columbia Basin College. Buyer's obligation herein shall be included as a covenant that runs with the land as a deed restriction on the property as provided in Exhibit B. 9. Pro -rations. Real Property taxes, assessments, water and other utilities, and all other expenses for the month of closing, shall be prorated as of closing. All expenses, fees and sums owing or incurred for the Property for periods prior to closing shall be paid by City, when and as due. 10. Possession. Purchaser shall be entitled to sole possession of the Property at closing, subject only to the rights, if any, of tenants in possession under the leases. 11. Closing. Closing, for at least sub parcel A, shall occur within ten (10) days of the conclusion of Purchaser's inspection period as provided in Section 8 above, but in no event later than September 1, 2016. (a) At closing City will deposit in escrow a duly executed statutory warranty deed covering the Property; a FIRPTA affidavit; and all other documents and monies required of it to close this transaction in accordance with the terms hereof. All such documents shall be in form satisfactory to Purchaser's counsel. (b) At closing Purchaser will deposit in escrow the monies required of it to close the transaction in accordance with the terms hereof. 12. Closing Costs. All excise, transfer, sales and other taxes, if any, incurred in connection with the sale, the title insurance premium, recording fees on the deed and the escrow fee shall be equally divided between the parties. The City shall bear all costs associated with the lot segregation. Each party shall bear its own attorneys' fees, except as otherwise expressly provided herein. Purchase and Sale Agreement—CBC Student Housing LLC - Page 5 Page 10 of 60 13. Forfeiture of Earnest Money Deposit - Liquidated Damages. As an inducement to develop the Property in a manner that brings economic development to the City, the parties agree to the following liquidated damages in the event that Purchaser fails, without legal excuse after the inspection period, to complete the purchase of the Property or fulfill the terms and obligations set forth in paragraph 3. The earnest money/deposit shall be forfeited to the City as the sole and exclusive remedy available to the City for such failure to purchase. In the event City defaults hereunder, Purchaser may pursue all remedies at law or equity, including the right to specific performance, an action for damages, or termination and return of its earnest money. City's Initials Purchaser's Initials"' 14. Reversionary Clause and Qption to Repurchase/Reclaim. (a) This Property is being sold to Purchaser in anticipation of the development of housing project for the benefit of Columbia Basin College. (b) The Purchaser acknowledges that the purchase price and consideration given by City are related to the City's goals of economic development and lost opportunities for development would arise if Purchaser fails to begin construction of the anticipated development. (e) Unless the failure to commence construction is related to the items identified in Section 18(f), below, if the Purchaser fails to submit an application to City for approval of a site plan and building plans consistent with subsection (a) above, within three (3) months of Closing, the City reserves the right to reclaim title to this Property. If the Purchaser does not initiate construction within six (6) months of Closing, City reserves the right to reclaim title to this Property. The City shall reclaim this Property by refunding 90% of the original Purchase Price as determined in Section 3 above. In the event Purchaser elects the phased options provided in Section 5 above, this right of reversion shall apply to each of the sub - parcels purchased independently. The City will not assume any liability for expenses incurred by Purchaser in conducting this transaction. Purchaser agrees to re -convey title to the City within sixty (60) days of receipt of notification of City's decision to seek reconveyance of Property. This reversionary right is exclusive to the City and shall be exercised at the sole discretion of the City. (d) This reversionary right survives forty-eight (48) months after closing or until such time as building commences, whichever is earlier. The City shall be under no obligation to exercise this reversionary right. This reversionary clause shall survive the delivery of the Deed, but shall automatically lapse upon expiration of the time periods herein and City shall execute such further documents as Purchaser shall request to release same. 15. Counterparts. This Agreement may be signed in counterparts which, taken together, shall constitute the complete Agreement. Purchase and Sale Agreement—CBC Student Housing LLC - Page 6 Page 11 of 60 16. Actions During. During the tern hereof, City shall not enter into any lease or other agreement affecting the Property or its operation, or modify, extend or otherwise change the terms of any lease or other agreement affecting the Property or its operation or otherwise permit any change in the status of title to the Property without Purchaser's prior written consent. 17. Assignment. Purchaser may not assign Purchaser's interest in this Agreement without City's prior written consent, which shall not be unreasonably denied. 18. City's Warranties, Indemnity. City makes the following representations and warranties, which shall be deemed remade as of the closing date: (a) The Property and improvements are not in violation of any applicable covenant, condition or restriction or any applicable statute, ordinance, regulation, order, permit, rule or law, including, without limitation, any building, private restriction, zoning or environmental restriction. (b) Other than the obligations of record, there are no obligations in connection with the Property, which will be binding upon Purchaser after closing other than liability for the payment of real estate taxes and utility charges. (c) There are no claims, actions, suits or governmental investigations or proceedings existing or, to the best of City's knowledge, threatened against or involving City or the Property (including, without limitation, any condemnation or eminent domain proceeding or matter related to the formation of or assessment by a local improvement district) and City has received no written notice thereof. (d) All insurance policies now maintained on the Property will be kept in effect, up to and including the closing. City has received no notice from any insurance company or rating organization of any defects in the condition of the Property or of the existence of conditions which would prevent the continuation of existing coverage or would increase the present rate of premium.. (e) There are no leases affecting the Property. (f) The Property is currently zoned C-1 (Commercial) which will accommodate the intended use for student housing by special permit. The City specifically reserves the right to condition approval of development on building layout, exterior treatments (aesthetics and open space), parking lot design/capacity, building height, and such other conditions as may be required to insure the compatibility of the intended use with its surrounding existing uses. (g) There are no commissions due to any real estate broker or agent that arise from this Agreement. (h) All such representations and warranties shall be reaffirmed by City as true and correct as of the Closing Date and shall survive the Closing for a period of two (2) years. Purchase and Sale Agreement—CBC 'Student Housing LLC - Page 7 Page 12 of 60 If, prior to closing, City becomes aware of any fact or circumstance which would change a representation or warranty, then City will immediately give notice of such changed fact or circumstance to Purchaser, but such notice shall not relieve the City of its obligations hereunder. 19. Environmental Indemnification. (a) City will defend, indemnify, and hold Purchaser and his partners, agents and employees and assignee (collectively, the "Indemnified Parties") harmless from and against any and all claims, obligations, damages, causes of action, costs and expenses, losses, fines, penalties, and liabilities, including, without limitation, attorneys' fees and costs, imposed upon or incurred by or asserted against an Indemnified Party arising out of or in connection with the occurrence of any of the following: (i) prior to closing: (A) any Environmental Matter affecting or relating to the Property arising out of City's use and ownership of the Property; or (13) any violation of any Environmental Law by City with respect to the Property; and (n) subsequent to closing: (C) the manufacture, storage, sale, use, disposal, release, or discharge of Hazardous Substance in, on or under the Property by City; or (D) any violation of any Environmental Law by City with respect to the Property. City shall also be responsible for all costs, expenses, fines, and penalties arising out of or in connection with the investigation, removal, remediation, clean- up, and restoration work resulting from the matters described in the preceding sentence. City represents that to the best of its knowledge, after reasonable inquiry, it is not aware of any violation of any Environmental Laws relating to the Property, any Hazardous Materials located on the Property or any Environmental Matter relating to the Property. City's obligations and representations under this Section 22 shall survive closing. (b) "Environmental Laws" shall mean any federal, state or Iocal laws, ordinance, permits or regulations, or any common law, regarding health, safety, radioactive materials or the environment, including but not limited to, the following federal statutes: Clean Air Act (42 U.S. C. §§ 7401 et sea.) ("CAA"), Clean Water Act (33 U.S.C. §§ 1251 et sea.) ("CWA"), Resource Conservation and Recovery Act (42 U.S.C. §§ 6091 el seq.) ("RCRA"), Comprehensive Environmental Response Compensation and Liability Act (42 U.S.C. §§ 9601 et seq.) ("CERCLA"), Emergency Planning and Community Right -To -Know Act (41 U.S.C. §§ 11001 et seM-.) ("EPCRA"), Safe Drinking Water Act (42 U.S.C. §§ 300f et sea.) ("SDWA"), Hazardous Material Transportation Act of 1975 (49 U.S.C. §§ 1801 et seq.) ("HMTA"), Toxic Substances Control Act (15 U.S.C. §§ 2601 et seq.) ("TSCA"), Endangered Species Act of 1973 (16 U.S.C. §§ 1531 et se .) ("ESA"), Federal insecticide, Fungicide and Rodenticide Act (7 U.S.C. §§ 136 et seq.) ("FIFRA"), the Occupational Safety and Health Act (29 U.S.C. §§ 651 et seq.) ("OSHA"), the Washington Model Toxics Control Act (RCW Chapter 70.150D) ("MTCA"), or the Hazardous Waste Management Act (RCW Chapter 70.105) ("HWMA"), each as amended, and any regulations promulgated thereunder, guidance and directives issued with respect thereto, or policies adopted by the applicable authorities thereunder. Purchase and Sale Agreement—CBC Student Housing LLC - Page 8 Page 13 of 60 (c) "Hazardous Substances" shall mean: (i) any radioactive materials; (ii) any substance or material the transportation, storage, treatment, handling, use, removal or release of which is subject to any Environmental Law; or (iii) any substance or material for which standards of conduct are imposed under any Environmental Law. Without limiting the generality of the foregoing, "Hazardous Substances" shall include: asbestos and asbestos -containing materials (whether or not friable); urea-fonnaldehyde in any of its forms; polychlorinated biphenyls; oil, used oil; petroleum products and their by-products; lead-based paint; radon; and any substances defined as "hazardous waste," "hazardous substances," "pollutants or contaminants," "toxic substances," "hazardous chemicals," "hazardous pollutants," or "toxic chemicals "under the CAA, CWA, RCRA, CERCLA, EPCRA, SDWA, HMTA, TSCA, OSHA, MTCA or HWMA. (d) "Environmental Matter" shall mean any of the following: (i) the release of any Hazardous Substance on or at the Property or any other property; (ii) the migration of any Hazardous Substance onto or from the Property; (iii) the environmental, health or safety aspects of transportation, storage, treatment, handling, use or release, whether any of the foregoing occurs on or off the Property, of Hazardous Substances in connection with the operations or past operations of the Property; (iv) the violation, or alleged violation with respect to the Property, of any Environmental Law, order, permit or license of or from any governmental authority, agency or court relating to environmental, health or safety matters; (v) the presence of any underground storage tanks within the confines of the Property; (vi) the presence of wetlands within the confines of the Property; (vii) the presence of any endangered species on, in or around the Property; or (viii) soil, groundwater and surface conditions on, in or around the Property which may have an adverse effect upon the use or value of the Property. 20. Costs and Expenses. Except as otherwise expressly provided herein, each party hereto will bear its own costs and expenses in connection with the negotiation, preparation and execution of this Agreement, and other documentation related hereto, and in the performance of its duties hereunder. 21. Notices. All notices provided for herein may be delivered in person, sent by commercial overnight courier, telecopied or mailed by U.S. registered or certified mail, return receipt requested, and, if mailed, shall be considered delivered three (3) business days after deposit in such mail. The addresses to be used in connection with such correspondence and notices are the following, or such other address as a party shall from time -to -time direct: City: City of Pasco P. O. Box 293 525 North 3rd Pasco, WA 99301 Attn: Dave Zabell, City Manager (509) 545-3404 Purchase and Sale Agreement—CBC Student Housing LLC - Page 9 Page 14 of 60 Purchaser: CBC Student Housing LLC 90705 North Yakima Drive West Richland WA 99353 Attn: David Lippes, Manager 22. Miscellaneous. (a) Further Documentation. Each of the parties agrees to execute, acknowledge, and deliver upon request by the other party any document which the requesting party reasonably deems necessary or desirable to evidence or effectuate the rights herein conferred or to implement or consummate the purposes and intents hereof, so long as such imposes no different or greater burden upon such party than is otherwise imposed hereunder. (b) Headings. The headings in this Agreement are for convenience only and do not in any way limit or affect the terms and provisions hereof (c) Calculation of Time Periods. Unless otherwise specified, in computing any period of time described in this Agreement, the day of the act or event after which the designated period of time begins to run is not to be included and the last day of the period so computed is to be included, unless such last day is a Saturday, Sunday or legal holiday. The final day of any such period shall be deemed to end at 5 p.m., Pacific Time. (d) Time of Essence. Time is of the essence of this Agreement. (e) Gender. Wherever appropriate in this Agreement, the singular shall be deemed to refer to the plural and the plural to the singular, and pronouns of certain genders shall be deemed to include either or both of the other genders. (f) Exhibits. The Exhibits referred to herein and attached to this Agreement are incorporated herein as if set forth in full. (g) Unenforceabilitv. If any provision of this Agreement is held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect the remainder of such provision or any other provisions hereof. (h) Amendment,. Modifications. This Agreement may not be altered, amended, changed, waived, terminated or modified in any respect or particular unless the same shall be in writing and signed by or on behalf of the party to be charged therewith. 23. Attorneys' Fees. If any lawsuit or arbitration arises in connection with this Agreement, the substantially prevailing party therein shall be entitled to receive from the losing party, the substantially prevailing party's costs and expenses, including reasonable attorneys' fees incurred in connection therewith, in preparation therefore and on appeal therefrom, which amounts shall be included in any judgment entered therein. Purchase and Sale Agreement—CBC Student Housing LLC - Page 10 Page 15 of 60 24. Waiver. A party may, at any time or times, at its election, waive any of the conditions to its obligations hereunder, but any such waiver shall be effective only if contained in writing signed by such party. No waiver shall reduce the rights and remedies of such party by reason of any breach of any other party. No waiver by any party of any breach hereunder shall be deemed a waiver of any other or subsequent breach. 25. Governing Law. This Agreement shall be construed and enforced in accordance with the laws of the State of Washington. 26. Facsimile Signatures. Each party (a) has agreed to permit the use, from time -to -time and where appropriate, of telecopied signatures in order to expedite the transaction contemplated by this Agreement, (b) intends to be bound by its respective telecopied signature, (c) is aware that the other will rely on the telecopied signature, and (d) acknowledges such reliance and waives any defenses to the enforcement of the documents effecting the transaction contemplated by this Agreement based on the fact that a signature was sent by telecopy. 27. REMEDIES. IF PURCHASER FAILS, AFTER THE REMOVAL OF ITS CONTINGENCIES, AND WITHOUT LEGAL EXCUSE, TO COMPLETE THE PURCHASE OF THE PROPERTY, THE DEPOSIT SHALL BE FORFEITED TO CITY AS LIQUIDATED DAMAGES AND THE SOLE AND EXCLUSIVE REMEDY TO CITY FOR SUCH FAILURE. IN THE EVENT OF CITY'S DEFAULT, PURCHASER MAY PURSUE ANY REMEDY AVAILABLE AT LAW OR IN EQUITY, INCLUDING SPECIFIC PERFORMANCE. City's Initials Purchaser's Initials 28. Entire Agreement. This Agreement and the exhibits hereto constitute the entire agreement among the parties with respect to the subject matter hereof and supersede all prior agreements, oral or written, express or implied, and all negotiations or discussions of the parties, whether oral or written, and there are no warranties, representations or agreements among the parties in connection with the subject matter hereof except as set forth herein. IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates noted below. Purchase and Sale Agreement—CBC Student Housing LLC - Page 11 Page 16 of 60 PURCHASER: CBC Student Housine LLC By: David Lippes CITY Daveell, i anagen A st: Debbie, City Clerk Date 4 t"V� O Date Approved as to form: '\,C- Leland Derr, City Attorney Purchase and Sale Agreement—CBC Student Housing LLC - Page 12 Page 17 of 60 STATE OF WASHINGTON) ) ss. County of Franklin ) On this day personally appeared before me Dave Zabell, City Manager of the City of Pasco, Washington, to me known to be the individual described in and who executed the within and foregoing instrument, and acknowledged that he signed the same as his free and voluntary deed for the uses and purposes therein mentioned. SUBSCRIBED and sworn to before me this day of TONI L. ZUNKER NOTARY PUBLIC STATE OF WASHINGTON COMMISSION EXPIRES MARCH 3, 2020 STATE OF WASHINGTON) ) ss. County of • ) Notary Public in and f4rr Residing at My Commission Expires: 2016. of Washington, On this day personally appeared before me David Lippes, to me known to be the individual described in and who executed the within and foregoing instrument, and acknowledged that he signed the same as his free and voluntary deed for the uses and purposes therein mentioned. SUBSCRIBED and sworn to before me this day of TONI L. ZUNKER NOTARY PUBLIC STATE OF WASHINGTON COMMISSION EXPIRES MARCH 3, 2020 Notary Public in an fo the Residing at -K Lc My Commission Expires: Purchase and Sale Agreement—CBC Student Housing LLC - Page 13 2016. of Washington, Page 18 of 60 00 A: -V #I a IL rr —ARGENT -RD — Now@ r mpg--** on-m—mew owwwwo - C? .. ry O...M 41 W 4# 40 -F Page 19 of 60 FILED FOR RECORD AT REQUEST OF: City of Pasco 525 North 3rd Pasco WA 99301 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS THESE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS are entered into this 29th day of June, 2016, by and between the City of Pasco, Washington, a Washington Municipal Corporation (hereinafter referred to as "Declarant") and CBC Student Housing, LLC, a Washington Limited Liability Company, (hereinafter referred to as "Purchaser"). WHEREAS, the Declarant owns real property located in Pasco, Franklin County, Washington, as more particularly described below; and WHEREAS, Purchaser desires to purchase, and the Declarant desires to sell portions of that real property specifically described below; and WHEREAS, the Declarant has a continuing interest in the development of that property as well as the enhancement of the value of the property retained by the Declarant by the adoption of this Declaration. in consideration of the mutual covenants contained herein: 1. Declaration. The City of Pasco, as Declarant, does hereby declare that the property described below shall be held, sold, and conveyed subject to the following covenants, conditions, and restrictions which shall run with the property and any parcel thereof, and shall be binding on all parties having or acquiring any right, title or interest in such property, or in part thereof, and shall inure to the benefit of the City of Pasco and any successors in interest to the benefitted party property as described below. 2. Description of the Properties. 2.1 Burdened Property. The property subject to this Declaration is generally designated as the southeast corner (289.73 feet running east to west and 275.42 feet running south to north) as a portion of that certain real property designated as Parcel ID No. 113300255, more legally described in Exhibit A, (Survey of Sub -Parcel A) which is attached hereto and incorporated by this reference. Page 20 of 60 2.2 Benefitted Property. The benefitted property retained by the City of Pasco is that property generally designated as the approximate northwest 4.2 acres, more legally described in Exhibit B, which is attached hereto and incorporated by this reference. In the event the complete legal descriptions are unavailable at the time of execution or recording, the correct legal description resulting from that record survey of such parcels, shall be substituted, which is hereby acknowledged and approved by the parties by their signatures below. 3. Restriction on Use of Property. The burdened property as described below shall be developed and used solely for the purposes of providing student housing structures and improvements to serve as off -campus housing for Columbia Basin College. 4. Reversionary Clause and Option to Repurchase. 4.1 The burdened property is being sold to Purchaser in anticipation of the development of housing project for students attending Columbia Basin College. 4.2 The Purchaser acknowledges that the purchase price and consideration given by Declarant are related to the Declarant's goals of economic development and lost opportunities for development would arise if Purchaser fails to begin construction of the anticipated development. 4.3 If the Purchaser fails to submit an application to Declarant for approval of a site plan and building plans consistent with subsection (a) above, within three (3) months of Closing, the Declarant reserves the right to reclaim title to this Property. If the Purchaser does not initiate construction within twelve (12) months of Closing, Declarant reserves the right to reclaim title to this Property. The Declarant shall reclaim this Property by refunding 90% of the original Purchase Price as determined in Section 3 above. In the event Purchaser elects the phased options provided in Section 5 above, this right of reversion shall apply to each of the sub -parcels purchased independently. The Declarant will not assume any liability for expenses incurred by Purchaser in conducting this transaction. Purchaser agrees to re -convey title to the Declarant within sixty (60) days of receipt of notification of Declarant's decision to seek reconveyance of Property. This reversionary right is exclusive to the Declarant and shall be exercised at the sole discretion of the Declarant. 4.4 This reversionary right survives forty-eight (48) months after closing or until such time as building commences, whichever is earlier. The Declarant shall be under no obligation to exercise this reversionary right. This reversionary clause shall survive the delivery of the Deed, but shall automatically lapse upon expiration of the time periods herein and Declarant shall execute such further documents as Purchaser shall request to release same. Declaration of Covenants, Conditions and Restrictions - 2 Page 21 of 60 5. Common Private Roadway. 5.1 For the benefit of both of the burdened property and the benefitted property above described, a common roadway shall be established between their respective properties consisting of a 15 -foot easement encumbering each property at a location more particularly described in Exhibit C. 5.2 Grant of Easement. By separate document the parties have entered into a Common Road Maintenance Agreement and Reciprocal Access Easement of this even date, which shall run with the land and shall encumber and benefit the properties legally described herein and be binding upon all present and future owners, and those occupying the properties and their successors in interest. 6. Enforcement. 6.1 Each property owner shall comply strictly with the covenants, conditions and restrictions set forth in this Declaration. In the event of a violation or breach of any of the same, the Declarant or Purchaser, or their successors -in -interest, jointly or severally, shall have the right to proceed at law or in equity for the recovery of damages, or for injunctive or other equitable relief as may be available at law. If the Declarant or Purchaser seeking enforcement under this section is a prevailing party in any litigation involving this Declaration, then that party also has the right to recover all costs and expenses incurred including reasonable attorney fees and paralegal fees. In the event the Declarant seeks injunctive relief under this provision, no bond shall be required. In the event a Court of competent jurisdiction determines, notwithstanding this provision, that a bond is required, a bond shall be allowed at the lowest amount permissible by Iaw. 6.2 In addition the above rights, the Declarant shall have a right of abatement if Purchaser fails to take reasonable steps to remedy any violation or breach within thirty (30) days after written notice sent by certified mail. A Right of Abatement, as used in this Section, means the right of the Declarant, through its agents and employees, to enter at all reasonable times upon any property subject to this Declaration, as to which a violation, breach or other condition to be remedied exists, and to take the actions specified in the notice to the Purchaser to abate, extinguish, remove or repair such violation, breach, or other condition which may exist thereon contrary to the provisions of this Declaration, without being deemed to have committed a trespass or wrongful act by reason of such entry and such actions; provided such entry and such actions are carried out in accordance with the provisions of this Section. The cost thereof including the costs of collection and reasonable attorneys' fees shall be a binding personal obligation of the Purchaser, enforceable at law, and shall be a lien on such Purchaser's parcel. 6.3 Any such lien shall be recorded in the real property records of the Franklin County Auditor. The Declarant may bring an action to recover a money judgment for unpaid abatement costs as described above under this Declaration in lieu of Declaration of Covenants, Conditions and Restrictions - 3 Page 22 of 60 foreclosing a lien. The lien for the abatement costs, provided for in this Declaration, shall be subordinate to the lien of any mortgage on such property which was in good faith and for value and which was recorded prior to recordation of the notice of lien. Sale or transfer of any lot shall not affect the validity of this lien. 7. General Provisions. 7.1 Amendment and Real. This Declaration, or any provision thereof, as from time to time in effect with respect to all or any part of the properties, may be repealed in writing by the Declarant, and may be amended by the Declarant with approval in writing of not less than sixty percent (60%) of the Purchaser. 7.2 Any such repeal of amendment shall become effective only upon recordation in the real property records of the Franklin County Auditor's Office. 7.3 Notices and Other Documents. All notices and other communications under this Declaration shall be given to the parties hereto at the following addresses: 7.3.1 If to Declarant: Mr. Dave Zabell, City Manager CITY OF PASCO PO Box 293 525 North 3`d Pasco WA 99301 7.3.2 If to Purchaser: Mr. David Lippes, Manager CBC STUDENT HOUSING, LLC 90705 North Yakima Drive West Richland, WA 99353 7.4 Severability. Each provision of this Declaration of Covenants, Conditions and Restrictions shall be deemed independent and severable, and the invalidity of any provision shall not affect the validity of enforceability of the remaining part of that or any other provision. Except, should it ever be determined that the City of Pasco is no longer a party benefitted by this Declaration, and is thus no longer capable of seeking legal remedy to enforce the provisions of this Declaration, then, and unless appeal or legislation is known to be pending on such determination, these covenants, conditions and restrictions shall terminate. Declaration of Covenants, Conditions and Restrictions - 4 Page 23 of 60 8. Contin1jency. 8.1 These Declaration of Covenants, Conditions and Restrictions are contingent upon the purchase by the Purchaser of the burdened property as described above, and, in the event of Purchaser's failure to close the purchase of the burdened property, the Covenants, Conditions and Restrictions as provided above, shall be null and void. IN WITNESS WHEREOF, the parties have executed this Declaration of Covenants, Conditions and Restrictions on the 29th day of June, 2016. f_]-0Iq- l/V7V1w City of Pasco, Washington By: zz - - ;, I (j// *3kell, City Manager Approved as to the Terms and Form: PURCHASER: CBC Student ljousing,,LLC By: 4�l David Lippes, Manager Declaration of Covenants, Conditions and Restrictions - 5 Page 24 of 60 STATE OF WASHINGTON) ) ss. County of Franklin ) On this day personally appeared before me Dave Zabell, City Manager of the City of Pasco, Washington, to me known to be the individual described in and who executed the within and foregoing instrument, and acknowledged that he signed the same as his free and voluntary deed for the uses and purposes therein mentioned. r jp SUBSCRIBED and sworn to before me thisU� y of , , 2016. TONI L. ZUNKER NOTARY PUBLIC STATE OF WASHINGTON COMMISSION EXPIRES MARCH 3, 2020 STATE OF WASHINGTON) ' } 5s. County of } Notary Public in and for q, State of Washington, Residing at My Commission Expires: On this day personally appeared before me David Lippes, to me known to be the individual described in and who executed the within and foregoing instrument, and acknowledged that he signed the same as his free and voluntary deed for the uses and purposes therein mentioned. SUBSCRIBED and sworn to before me this dayoft 2016. STATE OF WASHINGTON COMMISSION EXPIRES MARCH 3, 2020 Notary ublic in and fo th S to of Washington, Residing at My Commission Expires: .31 Declaration of Covenants, Conditions and Restrictions - 6 Page 25 of 60 EXHIBIT C DEVELOPMENT PLAN As a condition of sale, and as additional consideration to the purchase price, the Parties shall negotiate a Development Plan which consists generally in conformance with the Site Plan attached as Exhibit 1, and the following, onsite and offsite development, items 1-4, to be constructed solely at the cost of the Purchaser: 1. Construction of a common entry, and private roadway and sidewalk, with easement, from 2e Avenue easterly, along the southern boundary of the original parcel to the southwest corner of sub -parcel A and northerly, along the westerly line of sub -parcel A, to Argent Road. 2. Un -signalized full intersection at 20th Avenue with left turn (eastbound onto private roadway) pocket, and pedestrian sidewalk tie-in along 20"' Avenue, south to crosswalk (see channelization plan, attached). 3. Installation of utilities including a looped waterline (20th Avenue to Argent Road); storm water onsite disposal; and sewer line tie-in with the airport lift station. 4. Intersection improvements on Argent Road east of 20th Avenue (3/ intersection). The following improvements, items 5 and 6, shall be subject to good faith negotiations and mutual agreement by the Parties: 5. When warranted, City will install signalized intersection improvements at 20th Avenue, at the cost of the City or other property developers. 6. Grading of the property to be purchased, to achieve overall design and functionality objectives. The Parties recognize the necessity of flexibility in the development of both the property to be purchased by Purchaser and that retained by the City which will require continued cooperative efforts to determine the most beneficial division, configuration, and appearance of the improvements to be constructed upon the property. City's Initials Purchaser's Initials Page 26 of 60 m" rS] 1'nniinn .� = s -- — - --- — —— — —. j: ----_----s..-- --- -1111111111!i..�- AGENDA REPORT FOR: City Council July 18, 2016 TO: Dave Zabell, City Manager Workshop Meeting: 7/25/16 Ahmad Qayoumi, Public Works Director FROM: Dan Ford, City Engineer Public Works SUBJECT: Final Acceptance: Wastewater Treatment Plant Safety Improvements Project I. REFERENCE(S): Vicinity Map Proposed Resolution IL ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Discussion III. FISCAL IMPACT: Utility Fund (Sewer) - $119,236.74 Total Project Budget - $205,000 Total Project Cost - $169,000 Remaining funds - $36,000 IV. HISTORY AND FACTS BRIEF: On February 1, 2016, Council awarded the Wastewater Treatment Plant Safety Improvements project to Culbert Construction, Inc. for $115,022.41. V. DISCUSSION: Several needed improvements were identified during safety inspections for potential hazards in and around several Wastewater Treatment Plant (WWTP) buildings and various lift stations that City personnel operate and maintain. This project addresses those concerns. Page 28 of 60 Due to budgetary considerations the bid was broken into a base bid, which focused on safety improvement at the primary WWTP facility, and alternate locations, which, depending on bid price, could be awarded for completion as well. The alternate locations are as follows: Bid Alternate #1: Solids Thickening Building (WWTP) Bid Alternate #2: Aeration Basin Fall Protection Anchor Sleeves (WWTP) Bid Alternate #3: 9th and Washington Lift Station (815 W. Washington Street) Bid Alternate #4: Northwest Commons Lift Station (5815 Nauvoo Lane) Bid Alternate #5: Commercial/Kahlotus Lift Station (801 N. Commercial Avenue) These concerns were shared with and confirmed by the City's Safety Specialist, as well as Public Works management. The final result is this safety project, which involves the installation of needed safety railing, stairs, ladders, and fall arrest equipment at the Wastewater Treatment Plant and the three lift stations listed. These improvements will help to address and meet the requirements of the Occupational Safety and Health Administration (OSHA). Project locations are shown in the attached Vicinity Map. The final project construction contract totaled $119,236.74, an overage of $4,214.33, approximately 3.5%. The overage was due to a single change order to install Floor Mount fall protection sleeves, called out on the plans in three locations, in place of the Core Mount fall protection sleeves listed on the bid sheet. The work is now complete and meets project specifications. Staff recommends City Council's acceptance of this work. Page 29 of 60 RESOLUTION NO. A RESOLUTION ACCEPTING WORK PERFORMED BY CULBERT CONSTRUCTION, UNDER CONTRACT FOR THE WWTP SAFETY IMPROVEMENTS PROJECT. WHEREAS, the work performed by Culbert Construction, under contract for the WWTP Safety Improvements project has been examined by Engineering and has been found to be in apparent compliance with the applicable project specifications and drawings, and WHEREAS, it is Engineering's recommendation that the City of Pasco formally accept the contractor's work and the project as complete; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, that the City Council concurs with Engineering's recommendation and thereby accepts the work performed by Culbert Construction, under contract for the WWTP Safety Improvements project, as being completed in apparent conformance with the project specifications and drawings, and Be It Further Resolved, that the City Clerk is hereby directed to notify the Washington State Department of Revenue of this acceptance, and Be It Further Resolved, that the final payment of retainage being withheld pursuant to applicable laws, regulations and administrative determination shall be released upon satisfaction of same and verification thereof by the Public Works Director and Finance Manager. PASSED by the City Council of the City of Pasco this day of August, 2016. Matt Watkins Mayor ATTEST: Debra L. Clark City Clerk APPROVED AS TO FORM: Leland B. Kerr City Attorney Page 31 of 60 w=l MW JIM, - list, k4W -IN 16 I j 1L 1^ Page 33 of 60 74 Page 35 of 60 -L;► AGENDA REPORT FOR: City Council July 18, 2016 TO: Dave Zabell, City Manager Workshop Meeting: 7/25/16 FROM: Bob Metzger, Police Chief Police Department SUBJECT: Interlocal Agreement for School Resource Officer Services I. REFERENCE(S): Proposed Interlocal Agreement II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Discussion III. FISCAL IMPACT: 2016-2017 City Funds: $356,161.00 2017-2018 City Funds: $363,744.00 Per the terms of the proposed agreement, the Pasco School District will reimburse these costs. IV. HISTORY AND FACTS BRIEF: School Resource Officers (SRO) are full-time uniformed police officers primarily dedicated to providing law enforcement resource services to assigned schools and surrounding neighborhoods. SRO are assigned to work at their assigned school for eight hours each scheduled school day. SRO are assigned to work normal patrol duties when school is not in session. The City and Pasco School District (PSD) have enjoyed a long-time partnership on many issues impacting the community, including the housing of SRO at some of the public schools through an Interlocal Agreement (ILA). The previous ILA pertaining to SRO expired at the end of the most recent academic year. V. DISCUSSION: Page 37 of 60 The Police department and PSD continue to see value in the program and desire to continue the program. The proposed ILA provides five SRO, one each at McLoughlin Middle School, Ochoa Middle School, Stevens Middle School, Pasco High School and Chiawana High School. The addition of a fifth SRO is a result of adding McLoughlin Middle School due to a recent annexation and has been contemplated within the 2016 budget. The proposed ILA is a two-year agreement effective August 2016 through June 2018. Similar to the terms of the previous ILA, the PSD would reimburse the City for the salary and fringe benefits costs for five (5) officers at the top salary level for police officer for 180 school days per year (8 hours per school day). The City would fund the balance of salary and benefits of the officers for the remainder of the year, and all other costs associated with their employment, including; overtime, equipment, training, administrative and overhead costs. Page 38 of 60 WHEN RECORDED RETURN TO: City of Pasco, Washington 525 North 3rd Pasco WA 99301 INTERLOCAL AGREEMENT for SCHOOL RESOURCE OFFICER Between PASCO DISTRICT NO. 1 and CITY OF PASCO, WASHINGTON THIS INTERLOCAL AGREEMENT is made and entered into this day of August, 2016, by and between the Pasco School District No. 1, hereinafter referred to as "District", and the City of Pasco, Washington, a Municipal Corporation, hereinafter referred to as "City. NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties agree as follows: 1. Purpose. It is the purpose of this Agreement to: A. Enhance the safety and security of students, teachers, staff, and visitors and provide patrol of the various campuses of the District located within the City of Pasco, Washington. B. Provide for the presence of armed and uniformed City Police Officers both inside and outside the school buildings on selected campuses of the District during certain school hours in support of such safety and security and the maintenance of a secure and peaceful learning atmosphere. C. Provide for prevention, intervention, and prompt effective enforcement by the City's Police Department in situations involving, but not limited to: 1) Maintenance of order; 2) Use, possession, or sale of illegal drugs and alcohol on school premises; 3) Crimes against persons; 4) Crimes against property; and 5) Any other situations or activities which require the intervention of law enforcement officers. Interlocal Agreement between Pasco School District No. 1 and the City of Pasco. Page 1 of 9 Page 39 of 60 D. Provide for participation by police officers in the educational activities and role modeling to foster and enhance knowledge of and respect for law enforcement and law enforcement officers by students and the community. E. Provide positive and supportive interface between law enforcement representatives and the District's substance abuse, harassment and bullying prevention efforts including, but not limited to Natural Helpers, Student Assistance Teams, and other intervention and prevention efforts by the District. 2. Statement of Work. The City shall furnish the necessary personnel and services and otherwise do all things necessary for and incidental to the performance of the work stated herein. The City shall: A. Station a full-time uniformed police officer ("School Resource Officer" or "SRO") at each of the following schools during the 180 days when school is in session during the months of August through June: 1) Pasco High School (8 hours/day). 2) Chiawana High School (8 hours/day). 3) Stevens Middle School (8 hours/day). 4) Ochoa Middle School (8 hours/day). 5) McLoughlin Middle School (8 hours/day) Office space shall be provided as available at each school for the use of the SRO. Such office shall be equipped with one office desk and chair, and one locking cabinet. The City shall provide a lockable cabinet capable of securing police department equipment when not in use by the officer. The SRO will remain an employee of the City. B. The SRO services are provided as in independent contractor and nothing contained herein shall be deemed to make the SRO an employee of the District, nor to empower the SRO to bind or obligate the District in any way. The City is solely responsible for paying all of the SRO's wages and benefits, as well as directs the manner or performances of such service under this Agreement. C. Cooperate with the District to provide training and education to each assigned officer to insure effective communication and interrelation with the school community and its students. Interlocal Agreement between Pasco School District No. I and the City of Pasco. Page 2 of 9 Page 40 of 60 D. Cooperate with the District to monitor and evaluate the effectiveness of the assigned officers and the program. E. Meet as needed during the academic year with the District's representative (as designated by the District) to evaluate the effectiveness of the program; F. Cooperate with the District's representative to investigate and report on any complaints regarding the conduct of an assigned officer, share fully, as permitted by law, with the District's representative all results of such investigations for the purpose of responding to each complaint and cooperate to resolve each complaint. Provided, that it shall be the responsibility of the District to respond to any complaint the District received from a student, parent or patron of the District and communicate the results of any investigation to such person or persons. 3. Terms and Conditions. All rights and obligations of the parties to this Agreement shall be subject to and governed by the terms and conditions contained in the text of this agreement. 4. Period of Performance. Subject to its other provisions, the period of performance of this Agreement shall commence on August 1, 2016, and shall expire on the 30th day of June, 2018, unless terminated sooner as provided herein. The District's representative shall provide the Chief of Police with a school -year calendar annually. The principal of each building shall be responsible for notifying the Chief of the City's Police Department of the school site calendar, schedule of events and activities, and any changes in the same. The principal shall determine the specific hours when an officer shall be present within the limits set forth in Section 2.A of this Agreement. 5. Selection and Transfer of School Resource Officers. A. The Chief of Police or designee shall conduct an internal selection process and provide the school principal of the school to which the officer will be assigned the names of suitable qualified candidates. The principal and/or District representative shall interview and select the SRO considering the following criteria: 1) Ability to deal effectively with students. 2) Ability to present a positive image and symbol of the entire police agency and to foster a positive image of police officers among young people. 3) Sincere desire to work with the staff and students at a particular school to which he/she is assigned. 4) Ability to provide quality educational services and/or resources in Interlocal Agreement between Pasco School District No. 1 and the City of Pasco. Page 3 of 9 Page 41 of 60 the area of law enforcement. The education, background, experience level, and communication skills of the SRO must be of high caliber so he/she can effectively provide resource teaching services when requested. 5) Ability and desire to work cooperatively with the principal and school staff. B. To transfer a SRO from his/her position at an assigned school, the following procedures will apply: 1) The principal will recommend to the Superintendent or designee that the SRO be removed from the program at the school, stating the reasons for the recommendation in writing. Within a reasonable period of time after receiving the written recommendation, the Superintendent or designee will meet with the Chief of Police or designee to mediate or resolve any problem that may exist between the SRO and the staff at the assigned school. With the agreement of the Superintendent and Chief of Police or their designees, the SRO and specified school staff may be required to be present at the resolution meeting. If, within a reasonable period of time after the resolution meeting, the problem is not resolved, in the opinion of both the Superintendent and the Chief of Police or their designees, then the SRO will be removed from the program at the school and a replacement will be selected as provided in this Agreement. 2) When the City elects to reassign an SRO to other duties for reasons such as, but not limited to, transfer or promotional opportunities, discipline, resignation/retirement, etc., adequate notice will be provided to the District and a replacement will be selected as provided in this agreement. 3) The City and the District will schedule regular meetings with their representatives to review the SRO program and address any issues or concerns. 6. Payment. A. The District shall reimburse the City for its actual costs of employment of the SRO, and shall be that amount determined by negotiated wage agreements between the City and the Police Officer's Collective Bargaining Unit. 1) For the period of August 1, 2016, through June 30, 2017, the District shall reimburse the City for the salary and benefit expenses to employ the five assigned officers for 180 days, or 7,200 hours for an estimated amount of $356,616; and 2) For the period commencing on August 1, 2017, through June 30, 2018, the District shall reimburse the City for the salary and benefit expenses to Interlocal Agreement between Pasco School District No. 1 and the City of Pasco. Page 4 of 9 Page 42 of 60 employing the five officers for 180 days, or 7,200 hours for an estimated amount of $363,744. B. Actual amounts are to be determined by the parties based upon any negotiated wage increase between the City and the police officer's collective bargaining unit and the officers assigned. The City and the District will share equally the cost of any training received by the officer that is specific to school resource officer services. C. Due to early release days and other regularly scheduled non -school days when an officer's presence is not required for a full eight (8) hours, in consideration for compensation as stated in section 4 above, the City agrees to provide officers during the school year for activities outside of the regularly scheduled school assignment. Requests for an officer's presence at school activities outside of the officer's regularly scheduled school assignment during the school year will be compensated separately at the estimated rate of $49.5 3 per hour for 2016, $ 5 0.5 2 per hour for 2017, and $ 5 1.5 1 per hour for 2018. 7. Billing Procedure. The City shall submit a monthly invoice or billing statement to the District. Payment shall be made to the City according to the regular procedures of the District. S. Non-discrimination. In the performance of this agreement, the District and the City shall comply with the provisions of Title VI of the Civil Rights Act of 1964 (42 USC 200d), Section 504 of the Rehabilitation Act of 1973 (29 USC 7904) and Chapter 49.60 RCW, as now and hereafter amended. Both shall not, except as they may be specifically allowed by laws to do so, discriminate on the basis of race, color, national origin, sex, sexual orientation, religion, marital status, age, creed, Vietnam -Era and Disabled Veterans status, or the presence of any sensor, mental, or physical handicap. In the event of non-compliance by either party or refusal to comply with the above provisions this agreement may be rescinded, canceled, or terminated in whole or in part. The non -complying party shall, however, be given a reasonable time in which to cure this non- compliance. Any dispute may be resolved in accordance with the "Disputes" procedure set forth herein. 9. Records Maintenance. The City shall maintain books, records, documents and other evidence that sufficiently and effectively reflect all direct and indirect costs expended in the performance of the services described herein for which they will seek reimbursement from the District. These records shall be subject to inspection, review or audit by the personnel of both parties, other personnel authorized by either parry, the Office of the State Auditor and federal officers, if any, so authorized by law. The City and District shall retain all books, records, documents, and other materials relevant to this agreement for five (5) years after expiration. The office of the State Auditor, federal auditors, and any persons authorized by the parties shall have full access and the right to examine any of these materials during this five-year period. Interlocal Agreement between Pasco School District No. 1 and the City of Pasco. Page 5 of 9 Page 43 of 60 10. Responsibilities and Authority of School Administrator. The principal or other administrator designated by the District is responsible for the supervision and daily operations of the school shall, subject to the lawful exercise of the officer's law enforcement responsibilities, schedule, assign and direct the officer's duties under this agreement. The principal is responsible for the investigation of non -criminal incidents that occur at or are related to the school. Ifthe principal finds that he or she or any individual is in physical danger, the principal may request the law enforcement officer to assist him or her. In the case of a search of student property for the violation of District rules or other administrative reasons, the school principal or designated administrator or District employee will conduct the search. Once the principal has reason to believe that a crime has been or may be committed, the principal or other designated administrator shall request the law enforcement officer to assume responsibility. To the extent such action does not preclude the officer from executing his/her legal obligations or jeopardize an ongoing criminal investigation, the building administrator shall have the responsibility to contact and report to parents and patrons regarding activities and findings of the law enforcement officer, where appropriate. 11. Indemnification. Each party shall defend, protect and hold harmless the other parry from and against all claims, suits and/or actions arising from any negligent or intentional act or omission of that party's employees or agents while performing under this Agreement. 12. Agreement Alterations and Amendments. The District and the City may mutually amend this agreement. Such amendments shall not be binding unless they are in writing and signed by the personnel authorized to bind the District and the City. 13. Termination. Except as otherwise provided for in this agreement, either party may terminate this agreement by providing sixty (60) days advance written notification to the other party of their intent to terminate the agreement. If this agreement is so terminated, the terminating party shall be liable only for performance, in accordance with the terms of this agreement for performance rendered prior to the effective date of termination. In the event of an unforeseen and dramatic change of conditions which causes the District to exhaust its budgeted funds, PSD can immediately terminate this agreement. 14. Interlocal Agreement Provision. This Agreement is entered into pursuant to RCW 39.34. Interlocal Agreement between Pasco School District No. 1 and the City of Pasco. Page 6 of 9 Page 44 of 60 No special budget or funds are anticipated, nor shall be created. It is not intended that a separate legal entity be established to conduct this cooperative undertaking, nor is the acquiring, holding, or disposing of real or personal property other than as specifically provided within the terms of this Agreement, anticipated. The Chief of Police of the City of Pasco, Washington, shall be designated as the Administrator of this Interlocal Agreement. This Agreement shall be filed with the Franklin County Auditor, or alternatively listed by subject on either parties' website or other electronically retrievable public source. 15. Savings. Should any portion of this agreement be declared illegal, the balance of the agreement shall remain in full force and effect to carry out the purposes of this agreement. 16. Disputes. In the event that a dispute arises under this agreement, it shall be resolved in the following manner: The Director of Educational Services of the District shall appoint a member to the Dispute Board. The Pasco Chief of Police shall appoint a member to the Dispute Board. The Director of Educational Services and the Pasco Chief of Police shall jointly appoint a third member to the Dispute Board. That person shall act as chairperson, convene the Dispute Board and cause a determination of the dispute, arrived at by a majority of the Board, to be rendered in a timely manner. In the event the parties are unable to agree on a third member of the Dispute Board, that member shall be selected pursuant to RCW 7.04A by a Franklin County Superior Court Judge. The determination of the Dispute Board shall be final and binding on the District and the City. 17. Notices. Any notices required herein or related hereto shall be delivered in writing to the District at: Pasco School District No. I Attn.: Superintendent 1215 West Lewis Street Pasco, WA 99301 And to the City at: Chief of Police Pasco Police Department 525 North 3rd Avenue Pasco, WA 99301 18. All Writings Contained Herein. This Agreement contains all the terms and conditions agreed to by the parties. No understandings, oral or otherwise, regarding the subject matter of this agreement shall be deemed to exist or to bind any of the parties to this agreement. Interlocal Agreement between Pasco School District No. 1 and the City of Pasco. Page 7 of 9 Page 45 of 60 IN WITNESS WHEREOF, the parties have executed this agreement effective this day of 2016. CITY OF PASCO, WASHINGTON Dave Zabell, City Manager Attest: Debbie Clark, City Clerk Approved as to Form: Leland B. Kerr, City Attorney STATE OF WASHINGTON) ss. County of Franklin ) PASCO SCHOOL DISTRICT NO. 1 Scott Lehrman, President Board of Directors Michelle Whitney, Superintendent Approved as to Form: Sara Thornton, General Counsel On this day personally appeared before me Dave Zabell City Manager of the City of Pasco, Washington, to be known to be the individual described in and who executed the within and foregoing instrument, and acknowledged that he signed the same as his free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN under my hand and official seal this day of 2016. NOTARY PUBLIC in and for the State of Washington Residing at: My Commission Expires: STATE OF WASHINGTON) ss. County of Franklin ) On this day personally appeared before me Scott Lehrman, President, Board of Directors of Pasco School District No. 1, to be known to be the individual described in and who executed the within and foregoing instrument, and acknowledged that she signed the same as her free and voluntary act and deed for the uses and purposes therein mentioned. Interlocal Agreement between Pasco School District No. 1 and the City of Pasco. Page 8 of 9 Page 46 of 60 GIVEN under my hand and official seal this day of , 2016. NOTARY PUBLIC in and for the State of Washington Residing at: My Commission Expires: Interlocal Agreement between Pasco School District No. 1 and the City of Pasco. Page 9 of 9 Page 47 of 60 AGENDA REPORT FOR: City Council TO: Dave Zabell, City Manager FROM: Stan Strebel, Deputy City Manager Executive SUBJECT: Repeal of Juvenile Curfew I. REFERENCE(S): Proposed Ordinance PMC Chapter 9.84A July 20, 2016 Workshop Meeting: 7/25/16 II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Discussion III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: The City long ago (1994) enacted a curfew ordinance covering juveniles, under 18 - years, and between the hours of 12:00am and 5:00am. Over the years, case law that has developed, including in the state of Washington, suggests that the constitutionality of such curfews is questionable. The City Attorney advises to repeal PMC Chapter 9.84A. The Police Chief concurs with the recommendation. V. DISCUSSION: Page 48 of 60 ORDINANCE NO. AN ORDINANCE of the City of Pasco, Washington, Repealing Chapter 9.84A "Juvenile Curfew" WHEREAS, the legislature has provided specific statutory authority to enact juvenile curfew laws for the purpose of preserving public safety and reducing acts of violence by and against juveniles by enactment of RCW 35A.11.210; and WHEREAS, the City has based on this legislative authority, enacted juvenile curfew under the present Chapter 9.84A; and WHEREAS, through subsequent Court decisions, juvenile curfews have been ruled unconstitutionally vague and unenforceable as infringing upon minor's fundamental freedom of movement and expression, and in failure to provide ascertainable standards for locating the line between innocent and unlawful behavior and, as characterized by the Washington Supreme Court Opinion in City of Sumner vs. Walsh, that it may be difficult for a city to draft a curfew ordinance that is not constitutionally vague; and WHEREAS, enforcement and issuance of civil infractions under the existing juvenile curfew ordinance have been rare, and potential enforcement of the juvenile curfew may cause confusion in the minds of the residents which is, and which is not, prohibited behavior and to limit potential liability of the City which may result from the inappropriate enforcement of such an Ordinance; and WHEREAS, the interest of the City may be best served by repeal of the Juvenile Curfew Chapter. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. That Chapter 9.84A entitled "Juvenile Curfew" of the Pasco Municipal Code, shall be and hereby is repealed in its entirety. Section 2. 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 1 st day of August, 2016. Matt Watkins, Mayor ATTEST: APPROVED AS TO FORM: Debra L. Clark, City Clerk Leland B. Kerr, City Attorney Page 49 of 60 CHAPTER 9.84A JUVENILE CURFEW Sections: 9.84A.010 PURPOSE..................................................................................108 9.84A.020 DEFINITIONS............................................................................108 9.84A.030 OFFENSES.................................................................................109 9.84A.040 EXCEPTIONS TO CURFEW/DEFENSES .........................................109 9.84A.050 ENFORCEMENT..........................................................................111 9.84A.060 VIOLATION PENALTIES..............................................................112 9.84A.010 PURPOSE. The purpose of this Chapter is: (1) To protect juveniles and other citizens, residents, and visitors of the City of Pasco from the dangers of crime which occur in the vicinity of public streets, in the public parks, or in any other place during the late night and early morning hours; (2) To decrease the amount of criminal activity engaged in by juveniles; (3) To promote and enhance parental control over juveniles; and (4) To preserve the public safety and to reduce acts of violence by or against juveniles that are occurring in the City of Pasco at rates beyond the capacity of the police to assure public safety without the aid of a juvenile curfew. (Ord. 3419 Sec. 3, 2000; see Ord. 3035 Sec. 2, 1994.) 9.84A.020 DEFINITIONS. In this Chapter: (1) Aid and abet means that any person, with knowledge that he or she will promote or facilitate the commission of a curfew violation, either: (a) Solicits, commands, encourages, helps, assists, or requests a juvenile to commit the violation; or (b) Aids or agrees to aid a juvenile or other person in planning or committing a violation. The word aid means all assistance whether given by words, acts, encouragement, support, presence, or neglect of parental or custodial responsibilities for a juvenile required by any existing or hereinafter enacted statute of this state. (2) Curfew hours means the hours between 12:00 a.m. and 5:00 a.m. (3) Direct route means the shortest path of travel through a public place to reach a final destination without any detour or stop along the way. (4) Emergency means an unforeseen combination of circumstances or the resulting state that calls for immediate action. The term includes, but is not limited to, a fire, a natural disaster, an automobile accident, or any situation requiring immediate action to prevent property damage, serious bodily injury or loss of life. (5) Establishment means any privately owned place of business operated for a profit to which the public is invited, including but not limited to any store, shop, restaurant, bowling alley, cafe, theater, drug store, golf course, poolroom, shopping center, video arcade, and any other place open to the general public and devoted to business, amusement, or entertainment. PMC Title 9 7/5/2016 108 Page 50 of 60 (6) Interstate travel means transportation between states of the United States or between a state of the United States and a foreign country, to which travel through the City of Pasco is merely incidental. (7) Intrastate travel means transportation between locations within the state of Washington, to which any travel through the City of Pasco is merely incidental. (8) Juvenile means any person under 18 years of age who has not been emancipated by court order. (9) Operator means any individual, firm, association, partnership, or corporation operating, managing, or conducting any establishment. The term includes the members or partners of an association or partnership and the officers of a corporation. (10) Parent means the natural parent, adoptive parent, step-parent or judicially appointed legal guardian of a juvenile. (11) Public place means any place to which the public or substantial group of the public has access and includes, but is not limited to, streets, highways, the common areas of schools, hospitals, apartment houses, office buildings, transport facilities and shops. The terms shall also include establishments as defined above. (12) Remain means to: (a) Linger or stay; (b) Fail to leave premises when requested to do so by a police officer or the owner, operator, or other person in control of the premises of any establishment or other public place. (13) Responsible adult means an adult who is at least 18 years of age and has been designated in writing by a parent or court-appointed guardian to have care and custody of a juvenile. (Ord. 3419 Sec. 3, 2000; see Ord. 3035 Sec. 2, 1994.) 9.84A.030 OFFENSES. (1) Except as set forth in Section .040 below, it shall be a civil infraction for any juvenile to knowingly remain, walk, run, stand, drive or ride about, in or upon any public place in the City or on the premises of any establishment within the City during curfew hours. (2) Except as set forth in Section .040 below, it shall be a civil infraction for any person to aid or abet a juvenile to commit a curfew violation. (3) It shall be unlawful for the operator of any establishment, or for any person who is an employee thereof, to knowingly permit, allow or encourage a minor to remain upon the premises of the establishment during curfew hours. It shall be a defense to a charge under this subsection that the operator or employee of an establishment promptly notified the police department that a juvenile was present at the establishment after curfew hours and refused to leave. (Ord. 3419 Sec. 3, 2000; see Ord. 3035 Sec. 2, 1994.) 9.84A.040 EXCEPTIONS TO CURFEW/ DEFENSES. of Section .030 above if the juvenile was: (a) Accompanied by the juvenile's responsible adult; (1) It shall not be a violation parent, guardian, or other PMC Title 9 7/5/2016 109 Page 51 of 60 (b) On an errand at the direction of the juvenile's parent, without making unnecessary detour or stop, and the minor has in his/her possession a writing signed by the parent containing the following information; the name, signature, address and telephone number of the parent authorizing the errand, the telephone number where the parent may be reached during the errand, the name of the minor, and a brief description of the errand, the minor's destination(s) and the hours the minor is authorized to be engaged in the errand; (c) In a motor vehicle involved in intrastate or interstate travel outside the City of Pasco to which any travel through the City of Pasco is merely incidental; (d) Engaged in lawful employment activity or going to or returning home by a direct route from a lawful employment activity, without any detour or stop; (e) Involved in an emergency or on an errand made necessary by an emergency; (f) On a sidewalk abutting the juvenile's residence or abutting the residence of a next-door neighbor; (g) Attending a school, religious, recreational or other activity supervised by responsible adults or sponsored by the City of Pasco, civic organization, or other similar entity that provides supervision by adults, or traveling by a direct route to or from such activity, without any detour or stop; (h) Going to or returning from the residence of another with the knowledge and consent of the juvenile's parent or guardian without any detour or stop; (i) Engaging in, participating or traveling without any detour or stop to or from any event, function, activity or conduct for which Section 9.84A.030 of this Chapter would contravene the juvenile's rights protected under the United States or Washington Constitutions including, but not limited to rights protected by the First Amendment to the United States Constitution so long as such conduct reasonably intends to convey a particular protected message, and the likelihood of the message being understood is great. 0) Married or had been married or had become emancipated in accordance with Chapter 13.64 RCW; (2) It shall not be a violation of Sub -Section .030(2) when any parent or guardian or other responsible adult, unable to control the whereabouts and activities of a juvenile in their care, custody, or control has contacted the City of Pasco Police Department and reported such juvenile as possibly appearing in locations and at times that would violate this Chapter; (3) It shall not be a violation of Sub -Section .030(2) when any owner, operator, or employee of an establishment promptly notifies the Pasco Police Department that a juvenile was present on the premises of the establishment during curfew hours and refused to leave after being asked to leave. (Ord. 3419 Sec. 3, 2000; see Ord. 3035 Sec. 2, 1994.) PMC Title 9 7/5/2016 110 Page 52 of 60 9.84A.050 ENFORCEMENT. (1) Prior to the issuance of a verbal or written warning or a notice of civil infraction, a police officer shall ask the apparent offender's name, age, address, and the reason for being in a public place. The officer shall not issue a warning or citation or take further action under this section unless the officer reasonably believes a violation has occurred and that based on any response and other circumstances, no exemption exists under Section .040 above. (2) Pursuant to RCW 13.32A.050(1)b, a police officer, who reasonably believes that a juvenile is in violation of Section .030 above, shall have the authority to take the juvenile into custody. Pursuant to RCW 13.32A.060, an officer taking a juvenile into custody shall 'inform the juvenile of such custody and shall either: (a) Transport the juvenile to his or her home or to a parent or guardian at his or her place of employment if no parent or guardian is at home. The parent or guardian may request that the officer take the juvenile to the home of an adult extended family member, responsible adult, crisis residential center, the Department of Social and Health Services, or a licensed youth shelter. In responding to the request of the parent or guardian, the officer shall take the juvenile to a requested place which, in the officer's belief, is within a reasonable distance of the parent or guardian's home. The officer releasing a juvenile into the custody of a parent, guardian, an adult extended family member, responsible adult, or a licensed youth shelter shall inform the person receiving the child of the reason for taking the child into custody and inform all parties of the nature and location of appropriate services available in the community; or (b) After attempting to notify the parent or guardian, take the juvenile to a designated crisis residential center's secure facility, or a center's semi -secure facility if the secure facility is full, not available, or not located within a reasonable distance; (i) If a juvenile expresses fear or distress at the prospect of being returned to his or her home which leaves the officer to believe there is a possibility that the child is experiencing some type of child abuse or negligence, as defined in RCW 26.44.020; or (ii) If it is not practical to transport the juvenile to his or her home or place of the parent or guardian's employment; or (iii) If there is no parent or guardian available to accept custody of the child; or (c) After attempting to notify the parent or guardian, if a crisis residential center is full, not available, or not located within a reasonable distance, the officer may request the Department of Social and Health Services to accept custody of the child. If the Department determines that an appropriate placement is currently available, the Department shall accept custody and place the juvenile in an out -of -home placement. If the Department declines to accept custody of the juvenile, the officer may release the juvenile after attempting to take the juvenile to the following, in the order listed: (i) The home of an adult extended family member; PMC Title 9 7/5/2016 111 Page 53 of 60 (ii) A responsible adult; (iii) A licensed youth shelter. The officer shall immediately notify the Department of Social and Health Services if no placement option is available and the child is released. (3) An officer's responsibility under this section after taking a juvenile into custody for a curfew violation, shall be changed, expanded or limited without further amendment of this Chapter to be consistent with the provision of RCW 13.32A.050 and .060 as now or hereinafter amended. (Ord. 3419 Sec. 3, 2000; see Ord. 3035 Sec. 2, 1994.) 9.84A.060 VIOLATION PENALTIES. (1) It shall be a civil infraction to commit a violation of Section .030. The Municipal Court shall have jurisdiction over all civil infractions issued under this Chapter. Civil infractions shall be issued and processed in accordance with RCW Chapter 7.80 as currently enacted or as hereinafter amended, which is incorporated herein by this reference. (2) Any person found to have committed a civil infraction shall be accessed a monetary penalty as follows: First Violation: Not to exceed $150.00 Second Violation: Not to exceed $250.00 Third Violation: $500.00 (Ord. 3419 Sec. 3, 2000; see Ord. 3035 Sec. 2, 1994.) PMC Title 9 7/5/2016 112 Page 54 of 60 AGENDA REPORT FOR: City Council July 21, 2016 TO: Dave Zabell, City Manager Workshop Meeting: 7/25/16 Ahmad Qayoumi, Director, Public Works FROM: Dan Ford, City Engineer Public Works SUBJECT: Adoption of Stormwater Management Manual for Eastern Washington I. REFERENCE(S): Proposed Ordinance II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Discussion III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: It is now recognized that stormwater runoff plays many roles. Stormwater runoff can introduce pollutants to rivers and groundwater and cause erosion and flooding, resulting in property damage with potential liability for the City of Pasco (City). However, stormwater is also an important resource critical to maintaining streamflows, aquatic life, and recharge of groundwater. As a consequence, stormwater management for a municipality has become more complex and includes many components, such as maintaining the system of pipes, catch basins, and treatment devices; offering programs to educate residents and businesses about reducing pollutants; creating ways to remove pollutants; and doing a broad range of regulatory activities. Stormwater is regulated by federal law through the Clean Water Act of 1972. The National Pollutant Discharge Elimination System (NPDES) is the program that addresses water pollution via discharge of pollutants from sources such as stormwater. In Washington State, the NPDES program is administered by the Department of Ecology (Ecology) through authorization from the US Environmental Protection Agency (EPA). The City's stormwater program is regulated via Ecology's Phase II Eastern Washington Municipal Stormwater (NPDES Permit). The NPDES Permit Page 55 of 60 includes extensive requirements related to stormwater program management, system design requirements, operations and maintenance (O&M), and more. In 2004, Ecology created the Stormwater Management Manual for Eastern Washington (SWMMEW) to provide guidance in stormwater design and management for eastern Washington. The SWMMEW provides a commonly accepted set of technical standards, new design information, and new approaches to stormwater management. The City's Stormwater Management Utility, codified in Section 13.60 of the Pasco Municipal Code (PMC), was created in 1999 "To promote the public health, safety and welfare by promoting an approach to the management of surface and stormwater problems created on city streets and deliveries to City owned stormwater facilities." Over the years, the PMC has been updated as the dictates of the NPDES Permit have changed with the realization of the importance of stormwater runoff and the advance of mitigation technologies. V. DISCUSSION: The proposed Ordinance amends Section 13.60 Stormwater Management Utility of the Pasco Municipal Code. The proposed changes are necessary to comply with the requirements set forth in the City's current NPDES Permit . The proposed Ordinance changes Section 13.60 as follows: Add: Section 13.60.120 Stormwater and Drainage Improvement Standards and adopt the Washington Department of Ecology Stormwater Management Manual for Eastern Washington (SWMMEW). Amend: Sections 13.60.130 Stormwater Construction Permit Required, 13.60.140 Prohibited Discharges, 13.60.150 Authorized Discharges to revise wording to better align with the NPDES Permit language. This Workshop Meeting and the Regular Meeting on August 1 st provide public participation opportunities regarding the proposed amendments to PMC 13.60. A notification memo was sent out via email to local engineers, architects, and developers and was also posted on the City's website and Facebook page. To date, the Public Works Department has not received any comments either in opposition to or in support of the proposed amendments. Page 56 of 60 AN ORDINANCE of the City of Pasco, Washington, Creating a New Section 13.60.120 "Stormwater and Drainage Improvement Standards"; Amending Section 13.60.130 "Stormwater Construction Permit Required"; Amending Section 13.60.140 "Prohibited Discharges"; and Amending Section 13.60.150 "Authorized Discharges" WHEREAS, as a result of the Federal Clean Water Act, the National Pollutant Discharge Elimination System (NPDES) permit program controls water pollution; and WHEREAS, the City is required to comply with the Phase II NPDES rules as applicable to Eastern Washington by the Washington State Department of Ecology's Stormwater Management Manual for Eastern Washington; and WHEREAS, for compliance with both Federal and State law, and to provide notices to the citizens of the City of Pasco, of the application of the construction and maintenance standards required by such guidelines, an Ordinance codifying its adoption is necessary. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. That a new Section 13.60.120 entitled "Stormwater and Drainage Improvement Standards" of the Pasco Municipal Code shall be and hereby is adopted and shall read as follows: 13.60.120 STORMWATER AND DRAINAGE IMPROVEMENT STANDARDS. A) All stormwater and drainage improvements shall be planned, designed, permitted, constructed, and maintained in accordance with the requirements of the latest version of the Washington Department of Ecology Stormwater Management Manual for Eastern Washington (SWMMEW), which is hereby adopted by reference, including all State's amendments and modifications thereto as adopted by the Washington State Department of Ecology as authorized by RCW 35A.12.40. The Technical Requirements outlined in Appendix 1 of the Eastern Washington Phase II Municipal Stormwater Permit shall apply to all new development and redevelopment sites. B) All new stormwater and drainage facilities shall be designed by a Professional Engineer licensed in the State of Washington. Complete stormwater runoff and drainage facilities sizing calculations shall be submitted to the Public Works Director for review, comment, and utilization for the granting or denying of any permit. C) All subsurface infiltration facilities used for the treatment and disposal of stormwater shall meet the requirements of and be registered with the Washington State Ordinance - Stormwater and Drainage Improvement Standards - I Page 57 of 60 Department of Ecology Underground Injection Control (UIC) program. The registration shall be completed prior to project acceptance, approval, and the issuance of any Certificate of Occupancy. D) Storm runoff: 1) Occurring on all lots or division of land subject to development by the construction of structures, improvements and the installation of impervious surfaces shall be retained and disposed of on site with no storm runoff occurring thereon permitted to enter the public right-of-way or public storm drainage system. 2) For new public streets shall be designed and constructed in accordance with the Stormwater Management Manual to the point where the adjoining property owner's responsibility for further extension begins. 3) All stormwater sewer designs for new public streets shall be based upon an engineering analysis that takes into account total drainage areas, runoff rates, pipe and inlet capacities, treatment capacity, and other factors pertinent to its design and operation. E) The property owner upon which a stormwater and drainage facility is located shall maintain all stormwater Best Management Practices (BMPs) for those facilities that are installed upon private property. Section 2. That Section 13.60.130 entitled "Storm Water Construction Permit Required" of the Pasco Municipal Code shall be and hereby is amended and shall read as follow: 13.60.130 STORM WATER CONSTRUCTION PERMIT REQUIRED. oto efifieal afeas as designa4ed in the Gity's Compfeheasive Land Use Plan of within 200 feet o high watef mar4 of the Columbia R�ver-, a Stefm Water- Plan shall be submitted and upon appfoval, a Stoffn Wa4ef Gons4uetioa Pefmit shall be issued upon pay -meat of the Stofm Wa4e within 200 feet of the high water- mark of the Columbia River-, may not fequife subm ssi f thr-e * of stofm ..,,,nor ..,,ne ff A Storm Water Site Plan is required for any project subject to Core Elements #2, #3, #4, #5, #6, or #8 per Chapter 2 of the SWMMEW. Upon approval of the Storm Water Site Plan, a Storm Water Construction Permit shall be issued upon payment of the Storm Water Construction Permit Fee as provided in the City Fee Summary Ordinance. (Ord. 3550 Sec. 1, 2002.) Section 3. That Section 13.60.140 entitled "Prohibited Discharges" of the Pasco Municipal Code shall be and hereby is amended and shall read as follows: Ordinance - Stormwater and Drainage Improvement Standards - 2 Page 58 of 60 13.60.140 PROHIBITED DISCHARGES. Illicit discharges, as defined by the Washington State Department of Ecology, are not allowed into aM prate storm drain systems. (Ord. 3935, 2009.) Section 4. That Section 13.60.150 entitled "Authorized Discharges" of the Pasco Municipal Code shall be and hereby is amended and shall read as follows: 13.60.150 AUTHORIZED DISCHARGES. Discharges to the public stormwater system from the following sources shall be authorized, provided each discharge is volumetrically and velocity controlled to prevent resuspension of sediments in the stormwater system and complies with the respective conditions attached thereto: A) Discharges from water pipe sources, including water line flushing, fire hydrant system flushing, pipe breaks and pipeline hydrostatic test water. Planned discharges shall be controlled to prevent contaminates from entering the stormwater system and discharging to the Columbia River. Chlorine levels shall be reduced to 0.1 ppm or less and pH adjusted. B) Discharges from lawn irrigation or dust control water, provided the sprinkler pattern is fixed within the boundaries of the irrigated property. Such discharges shall be minimized through public education activities and water conservation efforts. C) Water used to wash down streets, sidewalks and buildings, provided the wash water is low in suspended solids and any detergent used is biodegradable. D) At active construction sites, with curb and gutter, an approved screening protection system shall be installed in catch basins and street sweeping must be performed prior to washing the street. Damage to street ditches or grass swales shall not be allowed. Construction sites disturbing one acre or more and construction projects of less than one acre that are part of a larger common plan of development or sale are subject to the Construction Stormwater Pollution Prevention requirements set forth in Chapter 7 of the SWMMEW. The developer of subdivisions or site plans with constructed curbs and gutters shall be responsible for the protection and maintenance of the stormwater system for five years or until all the subdivision or site plan lots are developed with permanent improvements, whichever comes first. The protection measures and maintenance program shall be approved by the City Engineer in the form of a written agreement with the developer. (Ord. 3935, 2009.) Section 5. 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 Ordinance - Stormwater and Drainage Improvement Standards - 3 Page 59 of 60 ATTEST: APPROVED AS TO FORM: Debra L. Clark, City Clerk Leland B. Kerr, City Attorney Ordinance - Stormwater and Drainage Improvement Standards - 4 Page 60 of 60