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.)
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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.
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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
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satisfying the formal requirements for sale of the City's real property.
Staff recommends approval.
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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
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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
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(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
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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
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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
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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
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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
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(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
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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
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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
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Page 33 of 60
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Page 35 of 60
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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
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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
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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
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ATTEST:
APPROVED AS TO FORM:
Debra L. Clark, City Clerk Leland B. Kerr, City Attorney
Ordinance - Stormwater and Drainage
Improvement Standards - 4
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