HomeMy WebLinkAbout2016.08.15 Council Meeting PacketPage
Regular Meeting
1. CALL TO ORDER:
2. ROLL CALL:
AGENDA
PASCO CITY COUNCIL
7:00 p.m.
(a) Pledge of Allegiance
August 15, 2016
3. CONSENT AGENDA: All items listed under the Consent Agenda are considered
to be routine by the City Council and will be enacted by roll call vote as one motion
(in the form listed below). There will be no separate discussion of these items. If
further discussion is desired by Council members or the public, the item may be
removed from the Consent Agenda to the Regular Agenda and considered
separately.
5 - 9 (a) Approval of Minutes
To approve the Minutes of the Pasco City Council Meeting dated August 1,
2016.
10-12 (b) Bills and Communications
To approve claims in the total amount of $3,522,995.92 ($1,949,960.05 in
Check Nos. 211231-211430; $1,573,035.87 in Electronic Transfer Nos.
811673, 811732-811739, 811742, 811791; $69,310.49 in Check Nos. 49566-
49651; $675,443.96 in Electronic Transfer Nos. 30097260-30097769;
$14,566.66 in Electronic Transfer No. 281-285).
To approve bad debt write-off for Utility Billing, Ambulance, Cemetery,
General Accounts, Miscellaneous Accounts, and Municipal Court (non-
criminal, criminal, and parking) accounts receivable in the total amount of
$185,859.78 and, of that amount, authorize $142,301.45 be turned over for
collection.
13-17 (c) 1 Final Plat: Columbia Villas, Phase 3 (MF# FP2016-011)
To approve the final plat for Columbia Villas, Phase 3.
18-20 (d) I Regional Hotel/Motel Commission Appointment
To reappoint Vijay Patel (Holiday Inn Express Hotel & Suites) to a two-year
term on the Tri -Cities Regional Hotel/Motel Commission, term to expire
August 31, 2018.
Page 1 of 112
21 -29
30
31 -37
38-44
Regular Meeting
August 15, 2016
(e) Final Acceptance: Wastewater Treatment Plant Caustic Soda
Improvements Project
To approve Resolution No. 3723, accepting work performed by Industrial
Constructors, Inc., under contract for the Wastewater Treatment Plant
Caustic Soda Improvements Project.
(RC) MOTION: I move to approve the Consent Agenda as read.
4. PROCLAMATIONS AND ACKNOWLEDGEMENTS:
5. VISITORS - OTHER THAN AGENDA ITEMS: This item is provided to allow
citizens the opportunity to bring items to the attention of the City Council or to
express an opinion on an issue. Its purpose is not to provide a venue for debate or
for the posing of questions with the expectation of an immediate response. Some
questions require consideration by Council over time and after a deliberative
process with input from a number of different sources; some questions are best
directed to staff members who have access to specific information. Citizen
comments will normally be limited to three minutes each by the Mayor. Those with
lengthy messages are invited to summarize their comments and/or submit written
information for consideration by the Council outside of formal meetings.
6. REPORTS FROM COMMITTEES AND/OR OFFICERS:
(a) Verbal Reports from Councilmembers
(b) General Fund Operating Statement
7. HEARINGS AND COUNCIL ACTION ON ORDINANCES AND
RESOLUTIONS RELATING THERETO:
(a) E Street Vacation: A Portion of Nevada Ave., Wyoming Ave., Utah
Ave. and Superior St. (MF# VAC 2016-009)
CONDUCT PUBLIC HEARING
MOTION: I move to adopt Ordinance No. 4311, vacating portions of
Nevada Avenue, Wyoming Avenue, Utah Avenue and Superior Street and,
further, authorize publication by summary only.
8. ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS:
(a) Repeal of Juvenile Curfew
MOTION: I move to adopt Ordinance No. 4312, repealing Chapter 9.84
Page 2 of 112
45-59
1 ..
89-112
Regular Meeting
August 15, 2016
"Juvenile Curfew" and, further, authorize publication by summary only.
(b) Land Sale - Broadway Blvd Property
MOTION: I move to approve Resolution No. 3724, approving the sale of
certain real property on Broadway Blvd.
9. UNFINISHED BUSINESS:
10. NEW BUSINESS:
(a) Proposed Consent Decree, Response to ACLU Voting Rights Act (VRA)
Complaint
MOTION: I move to authorize the City Attorney to jointly file, with the
ACLU, in the case of Bertha Aranda Glatt v City of Pasco, the proposed
Consent Decree in substantially the form presented.
(b) I Collective Bargaining Agreement with Pasco Police Officers
Association
MOTION: I move to approve the Collective Bargaining Agreement with the
Pasco Police Officers Association for years 2016-2018 and, further,
authorize the City Manager to execute the agreement.
11. MISCELLANEOUS DISCUSSION:
12. EXECUTIVE SESSION:
13. ADJOURNMENT.
(RC) Roll Call Vote Required
* Item not previously discussed
Q Quasi -Judicial Matter
MF# "Master File #...."
REMINDERS:
6:00 p.m., Monday, August 15, City Hall Conference Room #1 — LEOFF Disability
Board Meeting. (MAYOR MATT WATKINS and COUNCILMEMBER REBECCA
FRANCIK)
5:30 p.m., Wednesday, August 17 — Benton, Franklin & Walla Walla Counties Good
Page 3 of 112
Regular Meeting
August 15, 2016
Roads & Transportation Association Meeting. (COUNCILMEMBER BOB
HOFFMANN, Rep.; REBECCA FRANCIK, Alt.)
4:00 p.m., Thursday, August 18, Tri -Cities Regional Business & Visitor Center —
Manhattan Project National Historical Park Advocacy Committee Meeting. (MAYOR
MATT WATKINS)
11:30 a.m., Friday, August 19 — Benton -Franklin Council of Governments Board
Meeting. (COUNCILMEMBER AL YENNEY, Rep.; REBECCA FRANCIK, Alt.)
This meeting is broadcast live on PSC -TV Channel 191 on Charter Cable and streamed
at www.pasco-wa.2ov/psctvlive.
Audio equipment available for the hearing impaired; contact the Clerk for assistance.
Page 4 of 112
AGENDA REPORT
FOR: City Council
TO: Dave Zabell, City Manager
FROM: Rick Terway, Director
Administrative & Community Services
SUBJECT: Approval of Minutes
I. REFERENCE(S):
Minutes 08.01.16
August 8, 2016
Regular Meeting: 8/15/16
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
To approve the Minutes of the Pasco City Council Meeting dated August 1, 2016.
III. FISCAL IMPACT:
IV. HISTORY AND FACTS BRIEF:
V. DISCUSSION:
Page 5 of 112
MINUTES
REGULAR MEETING PASCO CITY COUNCIL AUGUST 1, 2016
CALL TO ORDER:
The meeting was called to order at 7:00 p.m. by Matt Watkins, Mayor.
ROLL CALL:
Councilmembers present: Rebecca Francik, Robert Hoffmann, Tom Larsen,
Saul Martinez and Matt Watkins. Excused: Al Yenney.
Staff present: Dave Zabell, City Manager; Stan Strebel, Deputy City Manager;
Leland Kerr, City Attorney; Richard Terway, Administrative & Community
Services Director; Rick White, Community & Economic Development
Director; Richa Sigdel, Finance Director; Bob Metzger, Police Chief and Dan
Ford, City Engineer.
The meeting was opened with the Pledge of Allegiance.
CONSENT AGENDA:
Approval of Minutes
To approve the Minutes of the Pasco City Council Meeting dated July 18, 2016.
Bills and Communications
To approve claims in the total amount of $2,683,685.95 ($1,755,801.57 in
Check Nos. 210979-211230; $926,944.91 in Electronic Transfer Nos. 811240-
811327, 811337-811338, 811342-811485, 811487-811672; $63,295.77 in
Check Nos. 49487-49565; $623,541.24 in Electronic Transfer Nos. 30096759-
30097259; $2,000.00 in Electronic Transfer No. 280).
To approve bad debt write-off for Utility Billing, Ambulance, Cemetery,
General Accounts, Miscellaneous Accounts, and Municipal Court (non-
criminal, criminal, and parking) accounts receivable in the total amount of
$222,808.74 and, of that amount, authorize $150,578.57 be turned over for
collection.
Interlocal Agreement for School Resource Officer Services
To approve the two-year Interlocal Agreement with the Pasco School District
for school resource officer services and, further, authorize the City Manager to
execute the agreement.
Final Plat: Ellie Ann Estates (MF# FP 2016-010)
To approve the Final Plat for Ellie Ann Estates.
Final Acceptance: Wastewater Treatment Plant Safety Improvements
Project
To approve Resolution No. 3720, accepting work performed by Culbert
Construction, under contract for the Wastewater Treatment Plant Safety
Improvements Project.
MOTION: Ms. Francik moved to approve the Consent Agenda as read. Mr.
Martinez seconded. Motion carried by unanimous Roll Call vote.
Page 1 of 4 Page 6 of 112
MINUTES
REGULAR MEETING PASCO CITY COUNCIL
PROCLAMATIONS AND ACKNOWLEDGEMENTS:
Yard and Business of the Month Awards
AUGUST 1, 2016
Mayor Watkins presented Certificates of Appreciation for July 2016 "Yard of
the Month" and 'Business Appearance of the Month" to:
Celina & Jose Garcia Perez, 307 N. Charles St.
Rosalba Cuevas, 3521 W. Ella St.
Boyd & Diane Kostoff, 4 Iris Ct.
Lorrine Olson, 11009 W. Court St.
Musser Brothers Auctioneers & Farmers National Co., 3035
Rickenbacker Dr.
Presentation of Proclamation for "National Night Out" August 2, 2016
Mayor Matt Watkins presented a Proclamation to Bob Metzger, Chief of Police
and Kim Keltch, Crime Specialist, proclaiming August 2, 2016 "National Night
Out."
VISITORS - OTHER THAN AGENDA ITEMS:
Rock Broadway, 6020 W. Park St., addressed Council concerning restrictions
on pet pigs in the city limits.
James Kilgore, 2608 Rd. 92, commented on the temporary lane markings
WADOT has at I-182 and Road 68.
Brian Stark, 3715 S. Day St., Kennewick, noted the Convoy of Hope event is
Saturday, August 13th at Columbia Park.
REPORTS FROM COMMITTEES AND/OR OFFICERS:
Mr. Larsen attended the Visit Tri -Cities Board meeting and the TRIDEC Board
of Directors meeting.
HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS
RELATING THERETO:
Street & Easement Vacation: Street Right -of -Way and Street Easement
between Rd 92 and Rd 96 (MF# VAC 2016-007)
Mr. White explained the details of the proposed vacation.
Mayor Watkins reopened the Public Hearing to consider the proposed vacation.
James Kilgore, 2608 Rd. 92, spoke in favor of the proposed ordinance.
John Treadwell, 9505 W. Richardson Rd., spoke in favor of the proposed
ordinance.
Tom Woodrich, 9417 Franklin Rd., spoke in favor of the proposed ordinance.
Following three calls for comments, Mayor Watkins declared the Public
Hearing closed.
Page 2 of 4 Page 7 of 112
MINUTES
REGULAR MEETING PASCO CITY COUNCIL AUGUST 1, 2016
MOTION: Ms. Francik moved to adopt Ordinance No. 4297, vacating right-of-
way and easements associated with the undeveloped portion of Franklin Road
between Road 92 and Road 96, and, further, authorize publication by summary
only. Mr. Martinez seconded. Motion carried unanimously.
ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS:
Ordinance modifying PMC 10.56 "Parking - Streets Restricted"
Council and staff discussed the details of the proposed ordinance.
MOTION: Ms. Francik moved to adopt Ordinance No. 4308, amending the
sections of Parking — Streets Restricted, Section 10.56 of the Pasco Municipal
Code; amending Schedule III — Parking Prohibited at All Times on Certain
Streets, Section 10.56.080 of the Pasco Municipal Code; amending Schedule IV
— Parking Prohibited During Certain Hours on Certain Streets, Section
10.56.090 of the Pasco Municipal Code; amending Schedule VI — Parking Time
Limited on Certain Streets, Section 10.56.110 of the Pasco Municipal Code
and, fiu-ther, authorize publication by summary only. Mr. Martinez seconded.
Motion carried unanimously.
Adoption of Stormwater Management Manual for Eastern Washington
Council and staff discussed the details of the proposed ordinance.
MOTION: Ms. Francik moved to adopt Ordinance No. 4309, 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" and, further, authorize publication by
summary only. Mr. Martinez seconded. Motion carried unanimously.
Rezone: R-1 (Low Density Residential) to "O" (Office) (MF# Z 2016-003)
Council and staff discussed the details of the proposed ordinance.
MOTION: Ms. Francik moved to adopt Ordinance No. 4310, rezoning Lots
14-16, Block 11, Helm's 2nd Addition from R-1 (Low Density Residential) to
"O" (Office), and further, authorize publication by summary only. Mr. Martinez
seconded. Motion carried unanimously.
Preliminary Plat: Columbia Terrace (MF# PP 2016-001)
Council and staff discussed the details of the proposed resolution.
MOTION: Ms. Francik moved to approve Resolution No. 3721, approving the
Preliminary Plat for Columbia Terrace. Mr. Martinez seconded. Motion carried
unanimously.
Land Sale to CBC Student Housing, LLC
MOTION: Ms. Francik moved to approve Resolution No. 3722, approving the
sale of certain real property near 20th Avenue and Argent Road. Mr. Martinez
seconded. Motion carried unanimously.
Page 3 of 4 Page 8 of 112
MINUTES
REGULAR MEETING PASCO CITY COUNCIL AUGUST 1, 2016
NEW BUSINESS:
Lodging Tax Advisory Committee Appointments
MOTION: Ms. Francik moved to confirm the Mayor's appointment of Hector
Cruz, Tri -Cities Visitor and Convention Bureau, to the Lodging Tax Advisory
Committee. Mr. Martinez seconded. Motion carried unanimously.
MISCELLANEOUS DISCUSSION:
Mayor Watkins appointed Ms. Francik to the Architecture Committee
reviewing the CBC Student Housing plans.
Mr. Terway noted the Water Follies event had 55,000-60,000 in attendance on
both sides of the river.
Ms. Francik commented on the Water Follies event and reminded all to vote
tomorrow. She also noted she will be absent from the August 8th Council
meeting.
Mr. Martinez also commented on the Water Follies event.
Mayor Watkins, Mr. Martinez, Ms. Francik and Mr. Zabell shared their
memories of the late Councilmember Mike Garrison and noted some of City
Council's accomplishments during his 28+ years as a Councilmember.
EXECUTIVE SESSION:
Council adjourned to Executive Session at 7:55 p.m. for approximately 30
minutes to establish sales price or lease amount of real estate and discuss
litigation or potential litigation with the City Manager, Deputy City Manager
and the City Attorney.
Mayor Watkins called the meeting back to order at 8:24 p.m.
ADJOURNMENT:
There being no further business, the meeting was adjourned at 8:24 p.m.
APPROVED:
Matt Watkins, Mayor
ATTEST:
Debra Clark, City Clerk
PASSED and APPROVED this 15th day of August, 2016
Page 4 of 4 Page 9 of 112
AGENDA REPORT
FOR: City Council
August 11, 2016
TO: Dave Zabell, City Manager Regular Meeting: 8/15/16
FROM: Richa Sigdel, Director
Finance
SUBJECT: Bills and Communications
I. REFERENCE(S):
Accounts Payable 08.15.16
Bad Debt Write-off/Collection 07.31.16
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
To approve claims in the total amount of $3,522,995.92 ($1,949,960.05 in Check Nos.
211231-211430; $1,573,035.87 in Electronic Transfer Nos. 811673, 811732-811739,
811742, 811791; $69,310.49 in Check Nos. 49566-49651; $675,443.96 in Electronic
Transfer Nos. 30097260-30097769; $14,566.66 in Electronic Transfer No. 281-285).
To approve bad debt write-off for Utility Billing, Ambulance, Cemetery, General
Accounts, Miscellaneous Accounts, and Municipal Court (non -criminal, criminal, and
parking) accounts receivable in the total amount of $185,859.78 and, of that amount,
authorize $142,301.45 be turned over for collection.
III. FISCAL IMPACT:
IV. HISTORY AND FACTS BRIEF:
V. DISCUSSION:
Page 10 of 112
CITY OF PASCO
Council Meeting of: August 15, 2016
Accounts Payable Approved
The City Council
City of Pasco, Franklin County, Washington
We, the undersigned, do hereby certify under penalty of perjury the materials have been furnished, the services rendered or the labor performed as
described herein and the claim is a just, due and unpaid obligation against the city and we are authorized to authenticate and certify to such claim.
Dave Zabell, City Manager
Rick Terway, A&CS Director
We, the undersigned City Councilmembers of the City Council of the City of Pasco, Franklin County, Washington, do hereby certify on this
15th day of Auoust, 2016 that the merchandise or services hereinafter specified have been received and are approved for payment:
Claims Bank
Payroll Bank
Check Numbers 211231-211430
49566-49651
Total Check Amount $1,949,960.05
$69,310.49
Electronic Transfer Numbers 811673
30097260-30097769
811732-811739
811742
811791
Total EFT Amount $1,573,035.87 $675,443.96
Councilmember
Gen'I Bank Electronic Bank
281-285
$14,566.66 $0.00
SUMMARY OF CLAIMS BY FUND:
GENERALFUND
STREET
ARTERIAL STREET
STREET OVERLAY
C.D. BLOCK GRANT
HOME CONSORTIUM GRANT
NSP GRANT
MARTIN LUTHER KING COMMUNITY CENTER
AMBULANCE SERVICE
CEMETERY
ATHLETIC PROGRAMS
GOLF COURSE
SENIOR CENTER OPERATING
MULTI -MODAL FACILITY
SCHOOL IMPACT FEES
RIVERSHORE TRAIL & MARINA MAIN
SPECIAL ASSESSMENT LODGING
LITTER ABATEMENT
REVOLVING ABATEMENT
TRAC DEVELOPMENT & OPERATING
PARKS
ECONOMIC DEVELOPMENT
STADIUM/CONVENTION CENTER
LID
GENERAL CAP PROJECT CONSTRUCTION
UTILITY, WATER/SEWER
EQUIPMENT RENTAL - OPERATING GOVERNMENTAL
EQUIPMENT RENTAL - OPERATING BUSINESS
EQUIPMENT RENTAL - REPLACEMENT GOVERNMENTAL
EQUIPMENT RENTAL - REPLACEMENT BUSINESS
MEDICAL/DENTAL INSURANCE
FLEX
PAYROLL CLEARING
GRAND TOTAL ALL FUNDS:
Combined
Total Checks $ 2,019,270.54
Total EFTs $ 2,263,046.49
Grand Total $ 4,282,317.03
Councilmember
463,586.34
73,230.57
0.00
0.00
8.01
0.00
0.00
817.66
43,514.67
167.93
3,025.00
90,437.93
2,174.96
834.99
140,490.00
884.96
23,273.63
775.22
6,870.49
20,836.50
0.00
0.00
0.00
0.00
796,548.29
872,709.81
30,936.21
9,901.23
2,322.28
0.00
490,197.54
4,885.63
1,203,887.18
$ 4,282,317.03
Page 11 of 112
BAD DEBT WRITE-OFF/COLLECTION
July 1 -July 31, 2016
1. UTILITY BILLING - These are all inactive accounts, 60 days or older. Direct write-off are
under $10 with no current forwarding address, or are accounts in "occupant" status. Accounts
submitted for collection exceed $10.00.
2. AMBULANCE - These are all delinquent accounts over 90 days past due or statements are
returned with no forwarding address. Those submitted for collection exceed $10.00. Direct
write off including DSHS and Medicare customers; the law requires that the City accept
assignment in these cases.
3. COURT ACCOUNTS RECEIVABLE - These are all delinquent non -criminal and criminal
fines, and parking violations over 30 days past due.
4. CODE ENFORCEMENT — LIENS - These are Code Enforcement violation penalties which
are either un -collectable or have been assigned for collections because the property owner
has not complied or paid the fine. There are still liens in place on these amounts which will
continue to be in effect until the property is brought into compliance and the debt associated
with these liens are paid.
5. CEMETERY - These are delinquent accounts over 120 days past due or statements are
returned with no forwarding address. Those submitted for collection exceed $10.00.
6. GENERAL - These are delinquent accounts over 120 days past due or statements are
returned with no forwarding address. Those submitted for collection exceed $10.00.
7. MISCELLANEOUS - These are delinquent accounts over 120 days past due or statements
are returned with no forwarding address. Those submitted for collection exceed $10.00.
Page 12 of 112
Direct
Referred to
Total
Write-off
Collection
Write-off
Utility Billing
$
.00
479.82
479.82
Ambulance
$
42,286.45
19,716.63
62,003.08
Court A/R
$
.00
122,105.00
122,105.00
Code Enforcement
$
1,271.88
.00
1,271.88
Cemetery
$
.00
.00
.00
General
$
.00
.00
.00
Miscellaneous
$
.00
.00
.00
TOTAL:
$
43,558.33
142,301.45
185,859.78
Page 12 of 112
AGENDA REPORT
FOR: City Council
August 9, 2016
TO: Dave Zabell, City Manager Regular Meeting: 8/15/16
Rick White, Director
Community & Economic Development
FROM: Dave McDonald, City Planner
Community & Economic Development
SUBJECT: Final Plat: Columbia Villas, Phase 3 (MF# FP2016-011)
I. REFERENCE(S):
Overview Map
Vicinity Map
Final Plat
IL ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to approve the final plat for Columbia Villas, Phase 3.
III. FISCAL IMPACT:
None
IV. HISTORY AND FACTS BRIEF:
In March of this year the Council approved a preliminary plat for Columbia Villas,
Phase 3. The developer is now seeking final plat approval.
Columbia Villas is a multi -family (duplex) residential development located north of
Sandifur Parkway east of Road 68. The development contains a total of 134 lots.
Phase three will add 34 more lots to the development.
V. DISCUSSION:
Prior to the approval of a final plat, the developer is to either install all infrastructure or
post a bond or other instrument that secures the financing for the infrastructure
improvements. In this case, the developer has completed all infrastructure
improvements.
Page 13 of 112
The final plat shows and contains information on primary control points, tract
boundaries, dimensions, bearings, lot numbers and other necessary survey data. In
addition, the plat contains the required descriptions, dedication and acknowledgment,
and approval sections.
Page 14 of 112
COLUMBIA VILLAS PHASE 3
A SUBDIVISION OF LOTS 4,5 AND 6 OF SHORT PLAT No. 2003-2/, LYING IN THE
NORTHWEST QUARTER OF SECTION 9, TOWNSHIP 9 NORTH, RANGE 29 EAST,
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AGENDA REPORT
FOR: City Council
August 4, 2016
TO: Dave Zabell, City Manager Regular Meeting: 8/15/16
FROM: Stan Strebel, Deputy City Manager
Executive
SUBJECT: Regional Hotel/Motel Commission Appointment
I. REFERENCE(S):
Letter from Tri -Cities Hotel Lodging Association President dated 7/25/16
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to reappoint Vijay Patel (Holiday Inn Express Hotel & Suites) to a
two-year term on the Tri -Cities Regional Hotel/Motel Commission, term to expire
August 31, 2018.
III. FISCAL IMPACT:
IV. HISTORY AND FACTS BRIEF:
Pasco, along with the cities of Kennewick and Richland, entered into an interlocal
agreement in June 2004 to create a regional "Tourism Promotion Area" (TPA). The
TPA is an organization formed as authorized by state law to levy special assessments
for the use of lodging facilities within the respective area. In the case of the Tri -Cities,
all hotels/motels within the boundaries of the three cities are required to collect from
users of their facilities the fee of $2.00 for each room night used. That fee is remitted
by each of the hotels/motels to the state; the state, in turn, distributes the funding back
to the respective cities within which it was collected (much like the long-standing 2%
hotel/motel tax) and the cities distribute it to the TPA for expenditure in accordance
with the business plan and budget established by the Regional Hotel/Motel
Commission
The Regional Hotel/Motel Commission is established under Section 5 of the Interlocal
Agreement. The Commission consists of six voting members; two appointed by each
of the three cities from nominees offered by the Tri -City Hotel Lodging Association.
Any vacancy is to be filled by the respective city from a list of nominees offered by the
Association.
Page 18 of 112
The Tri -Cities Hotel Lodging Association, as evidenced by the July 25 letter,
recommends Vijay Patel be reappointed.
V. DISCUSSION:
Mayor Watkins recommends that City Council reappoint Mr. Patel as recommended by
the Tri -Cities Hotel Lodging Association, without interview.
Page 19 of 112
Tri -Cities
MCI & lodging Amcialion
P.O. BOX 1739
Richland, WA 99352
July 25. 2016
Mr. Dave Zabell
City of Pasco
525 N. Third Ave.
Pasco, WA 99' )0 1
Dear Mr. Zabel],
This letter is in reference to the Pasco TPA Commissioner position currently held by Mr.
Vijay Patel from the Holiday Inn Express Hotel & Suites Pasco. Mr. Patel's term expires
Aug. st 3 1. 2016 and he is eligible for re-election.
r_1 U -) �
Vijay Patel has been selected by the Tri -Cities Hotel and Lodging Association as the
preferred candidate to serve as the TPA Commissioner to represent the City of Pasco,
General Manager Any Smith from the Holiday Inn Express Hotel & Suites Pasco was
nominated as the alternate candidate.
If you have any questions regarding this issue, please do not hesitate to contact me at
509-820-3026.
Sincerely,
Kathy ]Moore
President
Tri -Cities Hotel & Lodging Association
cc: Kris Watkins. President/CE0. Visit TRI -CITIES
Page 20 of 112
AGENDA REPORT
FOR: City Council
August 9, 2016
TO: Dave Zabell, City Manager Regular Meeting: 8/15/16
Ahmad Qayoumi, Public Works Director
FROM: Dan Ford, City Engineer
Public Works
SUBJECT: Final Acceptance: Wastewater Treatment Plant Caustic Soda Improvements
Project
I. REFERENCE(S):
Vicinity Map
Proposed Resolution
Construction Photographs
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to approve Resolution No. , accepting work performed
by Industrial Constructors, Inc., under contract for the Wastewater Treatment Plant
Caustic Soda Improvements Project.
III. FISCAL IMPACT:
Utility Fund (Sewer) - $218,083.55
IV. HISTORY AND FACTS BRIEF:
In an effort to improve efficiency and reduce costs at the wastewater treatment plant,
Council previously authorized through the Sewer Master Plan, Capital Improvement
Plan and annual budget the addition of a caustic soda treatment process.
The project consists of the installation of a double -walled caustic soda storage tank, a
concrete spill containment basin, a metering pump and associated valve board, together
with associated chemical feed piping to the existing junction box.
Project location is shown on the attached vicinity map.
V. DISCUSSION:
Page 21 of 112
On July 20, 2015, Council awarded the Wastewater Treatment Plant Caustic Soda
Improvements project to Industrial Constructors, Inc., the lowest responsive bidder for
the amount of $178,321.20.
The final project construction contract totaled $218,083.55, an overage of $39,762.35,
approximately 18%. The overage was due to unanticipated conditions requiring
changes to the piping and tank configuration to integrate the various components of the
project.
Though there were challenges faced in the successful completion of this project, the
City was able to work with the various contractors, suppliers and consultants to achieve
a final pumping capacity which meets and/or exceeds the desired result.
The work is now complete and meets project specifications. Staff recommends City
Council's acceptance of this work.
This item was discussed at the August 8, 2016 Council Workshop
Page 22 of 112
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RESOLUTION NO.
A RESOLUTION ACCEPTING WORK PERFORMED BY INDUSTRIAL
CONSTRUCTORS, UNDER CONTRACT FOR THE WWTP CAUSTIC SODA
IMPROVEMENTS PROJECT.
WHEREAS, the work performed by Industrial Constructors, under contract for the
WWTP Caustic Soda 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 Industrial Constructors, under contract for the WWTP Caustic Soda 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: APPROVED AS TO FORM:
Debra L. Clark
City Clerk
Leland B. Kerr
City Attorney
Page 24 of 112
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Page 25 of 112
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Page 27 of 112
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GENERAL FUND OPERATING STATEMENT
THROUGH JULY 2016
ENDING FUND BALANCE 4,132,195 11,189,117
TOTAL EXPEND & END FUND BAL 52,257,766 33,043,465
UNRESTRICTED CASH AND
INVESTMENTS: 8,711,529
EXPECTED PERCENTAGE OF REVENUES AND EXPENDITURE, FOR 7 MONTHS:
These statements are intended for Management use only.
7,683,024 17,614,927
53,899,463 42,301,348
10,493,254
58%
Page 30 of 112
ADOPTED
YTD
% OF
APPROVED
YTD
% OF
2015
2015
TOTAL
2016
2016
ANNUAL
BUDGET
ACTUAL
ACTUAL
BUDGET
ACTUAL
BUDGET
REVENUE SOURCES:
TAXES:
PROPERTY
7,159,507
3,930,990
54.9%
7,655,000
4,280,223
55.9%
SALES
9,090,765
6,447,086
70.9%
11,780,000
6,821,852
57.9%
PUBLIC SAFETY
1,300,000
735,937
56.6%
1,365,000
795,957
58.3%
UTILITY
8,349,000
4,886,661
58.5%
8,595,000
5,131,266
59.7%
OTHER
1,046,000
787,090
75.2%
1,138,000
823,532
72.4%
LICENSES & PERMITS
1,304,500
1,267,605
97.2%
1,738,400
1,313,792
75.6%
INTERGOV'T REVENUE
1,566,170
1,371,758
87.6%
2,122,148
1,434,413
67.6%
CHARGES FOR SERVICES
6,224,521
3,256,017
52.3%
6,455,114
3,339,242
51.7%
FINES & FORFEITS
806,650
631,282
78.3%
876,600
569,471
65.0%
MISC. REVENUE
437,465
265,378
60.7%
454,840
419,066
92.1%
DEBT AND TRANSFERS IN
8,471,423
80,500
1.0%
1,153,000
83,419
7.2%
TOTAL REVENUES
45,756,001
23,660,304
51.7%
43,333,102
25,012,233
57.7%
BEGINNING FUND BALANCE
6,501,765
9,383,161
10,566,361
17,289,115
TOTAL SOURCES
52,257,766
33,043,465
63.2%
53,899,463
42,301,348
78.5%
EXPENDITURES:
CITY COUNCIL
113,543
64,631
56.9%
114,323
60,930
53.3%
MUNICIPAL COURT
1,564,015
852,627
54.5%
1,607,000
861,155
53.6%
CITY MANAGER
1,291,940
766,731
59.3%
1,447,608
822,658
56.8%
POLICE
14,271,196
7,742,155
54.3%
14,054,117
7,325,287
52.1%
FIRE
6,379,042
3,533,657
55.4%
5,602,747
3,320,019
59.3%
ADMIN & COMMUNITY SVCS
8,047,581
4,502,961
56.0%
8,411,191
4,837,036
57.5%
COMMUNITY DEVELOPMENT
1,518,261
862,283
56.8%
1,507,525
839,503
55.7%
ENGINEERING
1,839,064
869,562
47.3%
1,765,221
1,032,114
58.5%
LIBRARY
1,261,686
732,156
58.0%
1,305,200
850,971
65.2%
NON -DEPARTMENTAL
1,408,466
1,188,201
84.4%
2,648,832
1,505,785
56.8%
DEBT AND TRANSFERS OUT
10,430,777
739,384
7.1%
7,752,675
3,230,963
41.7%
TOTAL EXPENDITURES
48,125,571
21,854,348
45.4%
46,216,439
24,686,421
53.4%
ENDING FUND BALANCE 4,132,195 11,189,117
TOTAL EXPEND & END FUND BAL 52,257,766 33,043,465
UNRESTRICTED CASH AND
INVESTMENTS: 8,711,529
EXPECTED PERCENTAGE OF REVENUES AND EXPENDITURE, FOR 7 MONTHS:
These statements are intended for Management use only.
7,683,024 17,614,927
53,899,463 42,301,348
10,493,254
58%
Page 30 of 112
AGENDA REPORT
FOR: City Council
August 9, 2016
TO: Dave Zabell, City Manager Regular Meeting: 8/15/16
Rick White, Director
Community & Economic Development
FROM: Dave McDonald, City Planner
Community & Economic Development
SUBJECT: Street Vacation: A Portion of Nevada Ave., Wyoming Ave., Utah Ave. and
Superior St. (MF# VAC 2016-009)
I. REFERENCE(S):
Overview Map
Vicinity Map
Proposed Ordinance
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
CONDUCT PUBLIC HEARING
MOTION: I move to adopt Ordinance No. , vacating portions of Nevada
Avenue, Wyoming Avenue, Utah Avenue and Superior Street.
III. FISCAL IMPACT:
None
IV. HISTORY AND FACTS BRIEF:
Shriners Hospital for Children petitioned for the vacation of portions of Nevada
Avenue, Wyoming Avenue, Utah Avenue and Superior Street. Shriners have no set
plans for development on the property.
As previously recommended, Council set August 15, 2016 as the as the date to
consider the proposed vacation.
V. DISCUSSION:
Nevada Avenue is identified in the Oregon Avenue Circulation Plan as street that can
Page 31 of 112
be vacated. Other streets in the Oregon Avenue area such as Utah Street, Wyoming
Street and Superior Street can be reduced from 80 feet in width to 60 feet. Because the
streets in question are located within the boundaries of the Oregon Avenue Circulation
Plan the provisions of PMC 12.40 (new vacation procedures) do not apply.
The PUD has requested a utility easement be retained over each street segment being
vacated for existing and future power needs in the area. The other utility providers
indicated they do not need any easements.
Page 32 of 112
Overview
Item: Street Vacation - Nevada, Utah, Wyoming, et 1.
Applicant: Shriners Hospital W E
Map File #: VAC 2016-009
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WHEN RECORDED PLEASE RETURN TO:
City of Pasco
Attn: City Planner
525 North P
Pasco, WA 99301
ORDINANCE NO.
AN ORDINANCE VACATING PORTIONS OF NEVADA AVENUE, WYOMING
AVENUE, UTAH AVENUE AND SUPERIOR STREET.
WHEREAS, a qualified petition has been submitted to the City Council of the City of Pasco
requesting vacation of certain public rights-of-way within the City of Pasco; and
WHEREAS, from time to time in response to petitions or in cases where it serves the general
interest of the City, the City Council may vacate rights-of-way; and
WHEREAS, the right-of-way proposed for vacation is consistent with the Circulation Plan
for the Oregon Avenue Corridor and is identified therein as right-of-way that can be vacated; and
WHEREAS, all steps and procedures required by law to vacate said right-of-way have been
duly taken and performed; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS
FOLLOWS:
Section 1. That all of Nevada Avenue north of Superior Street and the east and west 10 feet
of Wyoming Avenue adjacent to Blocks 39 and 40 Frey's Addition and the north 10 feet of Superior
Street adjacent to Blocks 39 and 40 Frey's Addition together with the west 10 feet of Utah Avenue
adjacent to Lots 13 - 24, Block 22 Frey's Addition as depicted in Exhibit "1" be and the same are
hereby vacated; except a 25 -foot radius shall be retained at the northwest and northeast corners of
Wyoming Avenue and Superior Street and except a 25 -foot radius shall also be retained at the
northwest corner of Utah Avenue and Salt Lake Street. The street vacations herein shall be subject to
the easements retain in Section 2 hereof.
Section 2. That the City shall retain an easement and the right to exercise or grant easements
with respect to south 10 feet of Nevada Avenue, the east and west 10 feet of Wyoming Avenue, the
north 10 feet of Superior Street and the west ten feet of Utah Avenue all vacated in Section 1 above
for the construction, repair and maintenance of public utilities and services.
Page 35 of 112
Section 3. That a certified copy of this ordinance be recorded by the City Clerk of the City
of Pasco in and with the office of the Auditor of Franklin County, Washington.
Section 4. This ordinance shall take full force and effect five (5) days after approval, passage
and publication as required by law.
PASSED by the City Council of the City of Pasco, this 5th day of August, 2016.
Matt Watkins, Mayor
ATTEST:
APPROVED AS TO FORM:
Debra L. Clark, City Clerk Leland B. Kerr, City Attorney
2
Page 36 of 112
Item: Street Vacation - Nevada, Utah, Wyoming, et 1.
Exhibit
Applicant: Shriners Hospital W E
#1 File #: VAC 2016-009
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AGENDA REPORT
FOR: City Council
August 2, 2016
TO: Dave Zabell, City Manager Regular Meeting: 8/15/16
FROM: Stan Strebel, Deputy City Manager
Executive
SUBJECT: Repeal of Juvenile Curfew
I. REFERENCE(S):
Proposed Ordinance
PMC Chapter 9.84A
IL ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to adopt Ordinance No. , repealing Chapter 9.84 "Juvenile
Curfew" and, further, authorize publication by summary only.
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:
This item was discussed at the July 25 Workshop meeting. Staff recommends adoption
of the attached ordinance.
Page 38 of 112
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 39 of 112
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 40 of 112
(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 41 of 112
(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 42 of 112
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 43 of 112
(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 44 of 112
AGENDA REPORT
FOR: City Council
August 9, 2016
TO: Dave Zabell, City Manager Regular Meeting: 8/15/16
FROM: Stan Strebel, Deputy City Manager
Executive
SUBJECT: Land Sale - Broadway Blvd Property
I. REFERENCE(S):
Proposed Resolution
Purchase and Sale Agreement
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to approve Resolution No. , approving the sale of certain real
property on Broadway Blvd.
III. FISCAL IMPACT:
$51,000 - $1.50 sq ft
IV. HISTORY AND FACTS BRIEF:
Some years ago, the City acquired 5.29 acres of property on Broadway Blvd, west of
Highland Park. City plans for the property could include expansion of the park facility
or parking, as well as the possible consideration of the property for re -location of the
animal control facility.
The City was recently approached by the owner of the property to the west who
expressed a desire to purchase 100 feet in width (along Broadway Blvd) by 340 feet in
depth (see attachment to Purchase and Sale Agreement) for the purpose of expanding
the adjacent equipment dealership.
Staff feels that the roughly .78 acre can be sold without limiting the City's ability to
use/develop the property in the future.
V. DISCUSSION:
Page 45 of 112
The City purchased the property for $160,000 in 2013 ($.70 per sq ft). The sale price
of $1.50 per foot is reasonable for the area. Staff recommends approval of the
resolution authorizing the sale.
This item was discussed at the August 8 Workshop meeting. Staff requests Council's
approval of the proposed Resolution.
Page 46 of 112
RESOLUTION NO.
A RESOLUTION of the City of Pasco, Washington, approving the sale
of certain real property on Broadway Boulevard.
WHEREAS, the City owns approximately 5 acres of real property on Broadway
Boulevard, east of Oregon Avenue; and
WHEREAS, an adjacent property owner has petitioned the City to sell a portion of that
property for the purpose of expanding the adjacent business; and
WHEREAS, a prior appraisal, and analysis of the market, indicate that a value of $1.54
per square foot appears to be reasonable for the sale of .78 acres of the property and which the
City Council accepts as an appropriate price for the property; and
WHEREAS, the proposed use of the property advances the economic development goals
of 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 .78 acres to Bobby
Gilbert, for the purpose of expanding his business 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 15th day of
August, 2016.
Matt Watkins, Mayor
ATTEST:
Debra Clark, City Clerk Leland B. Kerr, City Attorney
Page 47 of 112
PURCHASE AND SALE AGREEMENT
THIS PURCHASE AND SALE AGREEMENT (hereinafter "Agreement") is entered into on
this _ day of , 2016, between the City of Pasco, a Washington Municipal
Corporation (hereinafter "City") and Bobby G. Gilbert (hereinafter "Purchaser") for establishing
the terms and conditions for the sale of real property (hereinafter "Property") legally described as
set forth below:
A portion of Parcel 1D Number 112102019 consisting of approximately 34,000
square feet (.78 acre -340 feet north -south and 100 feet east -west, frontage on
Broadway Blvd.) as shown in Exhibit A which is attached hereto and
incorporated by reference.
RECJTALS
WHEREAS, City is the owner of real property located in Franklin County, Washington, which
real property is described more particularly above; 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,
The parties covenant and agree as follows:
Purchase and Sale. City agrees to sell, and Purchaser agrees to purchase:
(a) That certain parcel of real property described above;
(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 1(c), both real and
personal, is hereinafter collectively referred to as the "Property."
(d) Conditions of sale, Purchaser agrees to use the real property for the expansion of
the existing equipment dealership, located to the west of the Property.
2. Purchase Price/Financing. The purchase price for the Property is Fifty One Thousand
Dollars (551,000) which is calculated at $1.50 per square foot. The City represents that
the Property totals approximately .78 acres or 34,000 square feet. The purchase price is
payable in cash to the City.
Purchase and Sale Agreement, City of Pasco & Bobby G. Gilbert - Page 1
Page 48 of 112
3. Method of Payment. Within ten (10) business days following the last party's execution of
this Agreement and delivery of a fully executed original thereof to the other party,
Purchaser will deposit with an escrow agent (Benton -Franklin Title Company), Five
Thousand and 00/100ths Dollars ($5,000.00), which shall constitute a deposit and be held
in an interest bearing trust account. This deposit shall be applied to the purchase price.
(a) Purchaser agrees that the deposit/earnest money 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 Purchaser shall, at Purchaser's expense, within twenty (20) days following
the execution and delivery of the Purchase and Sale Agreement to the Title
Company, provide a current survey acceptable to both City and Title Company.
The purchase price is based on the condition that the area of the parcel comprising
this Property sale is 34,000 square feet.
(b) The Purchaser shall, at Purchaser's expense, within thirty (30) days following the
execution and delivery of the Purchase and Sale Agreement to the Title Company,
prepare a boundary line adjustment document, for approval and execution by the
City, thereby, conveying the above-described real property to the Purchaser
contingent upon closing -
5. Inspection Period:
(a) Between the effective date of this Agreement and closing, or the earlier
termination of this Agreement, Purchaser and their authorized agents, contractors,
and consultants, shall have the right to go upon the Property at reasonable times
for the purpose of inspecting each and every part thereof to determine its present
condition and, at Purchaser's sole cost and expense, to prepare such reports, tests,
and studies as Purchaser deems appropriate, including but not limited to surveys,
soil tests, engineering studies and environmental tests. Before conducting any
invasive or intrusive testing such as borings or test holes, Purchaser shall give
City at least forty-eight (48) hours prior written notice, and shall coordinate the
date and time of such testing to enable City's representatives and/or consultants to
be present to take duplicate samples and record the methods used by the
Purchaser's consultants. The Purchaser's inspection period shall not exceed thirty
(30) days from the effective date of the Agreement unless otherwise agreed to by
both parties in writing.
Purchase and Sale Agreement, City of Pasco & Bobby G. Gilbert - Page 2
Page 49 of 112
(b) 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 hannless 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.
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 mare an election within thirty (30) days of its execution of this
Agreement, Purchaser shall be deemed to have waived the defects.
S. Due Diligence; Inspection Period.
(a) Within fifteen (15) days following the last party's execution 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 easements, 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.
Purchase and Sale Agreement, City of Pasco & Bobby G. Gilbert - Page 3
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(b) Purchaser shall have thirty (30) days from the date the last party executes 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 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.
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 shall occur within ten (10) days of the conclusion of Purchaser's
inspection period as provided in Section 8 above.
(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, City of Pasco & Bobby G. Gilbert - Page 4
Page 51 of 112
13. Liquidated Damages. As an inducement to develop surplus City 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 Purchaser acknowledges that the purchase price and
consideration given by City are related to the City's goal of economic development and
lost opportunities for development that would arise if Purchaser fails to begin
construction of the anticipated development. Purchaser expressly acknowledges that this
clause is not a penalty but a reasonable forecast of economic loss if development does not
occur at this location. 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.
14. Reversionary Clause and Option to Repurchase/Reclaim.
(a) This Property is being sold to Purchaser in anticipation of the expansion of the
existing equipment dealership on the west of the Property onto the Property.
(b) If the Purchaser fails to submit an application to City for approval of building
plans consistent with subsection (a) above, within six (6) months of Closing, the
City reserves the right to reclaim title to this Property. If the Purchaser does not
initiate construction within twelve (12) 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 in the sum of Forty -Five Thousand, Five
Hundred Dollars ($45,9{)0) without interest. 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.
(c) 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. Counte parts. This Agreement may be signed in counterparts which, taken together, shall
constitute the complete Agreement.
16, Actions During Term. During the terra 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.
Purchase and Sale agreement, City of Pasco & Hobby G. Gilbert - Page 5
Page 52 of 112
17. Assignment. Purchaser may not assign Purchaser's interest in this Agreement without
City's prior written consent.
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) 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.
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
Purchase and Sale Agreement, City of Pasco & Bobby G. Gilbert - Page 6
Page 53 of 112
(B) any violation of any Environmental Law by City with respect to the Property;
and (ii) 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's obligations under this Section 22 shall survive closing.
(b) "Environmental Laws" shall mean any federal, state or local 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 seq.) ("CAA"), Clean Water Act
(33 U.S.C. §§ 1251 et secs.) ("CWA"), Resource Conservation and Recovery Act
(42 U.S.C. §§ 6091 et 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
M.) ("EPCRA"), Safe Drinking Water Act (42 U.S.C. §§ 300f et seq.)
("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 sect.)
("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 seg.)
("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.
(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 -formaldehyde 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
Purchase and Sale Agreement, City of Pasco & Bobby G. Gilbert - Page 7
Page 54 of 112
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 affect 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
525 North 3rd
Pasco, WA 99301
Attn: Dave Zabell, City Manager
(509) 545-3404
Purchaser:
Bobby G. Gilbert
5528 W. Yellowstone Ave.
Kennewick, WA 99336-1305
(509) 947-2892
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.
Purchase and Sale Agreement, City of Pasco & Bobby G. Gilbert - Page 8
Page 55 of 112
(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) Unenforceabilit . 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.
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 Si irg atures. 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.
Purchase and Sale Agreement, City of Pasco & Bobby G. Gilbert - Page 9
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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.
PURCHASER
Z 7-1 U
Bobby G. Gil rt Date
CITY
Dave Zabell, City Manager Date
Attest: Approved as to form:
Debbie, City Clerk
Leland Kerr, City Attorney
Purchase and Sale Agreement, City of Pasco & Bobby G. Gilbert - Page 10
Page 57 of 112
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 , 2016.
Notary Public in and for the State of Washington,
Residing at
My Commission Expires:
STATE OF WASHINGTON )
) ss.
County of 5re"'LC )
On this day personally appeared before me Bobby G. Gilbert, to me known to be the
individ4al 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 �L-_I_ day of 2016.
Notary Public Notary Public in and for the State of Washington,
S
tate of Washl Residing at
SNDNiXF+I My Commission Expires: led-iz
nua 5, 2020
Purchase and Sale Agreement, City of Pasco & Bobby G. Gilbert - Page 11
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AGENDA REPORT
FOR: City Council
August 11, 2016
TO: Dave Zabell, City Manager Regular Meeting: 8/15/16
FROM: Stan Strebel, Deputy City Manager
Executive
SUBJECT: Proposed Consent Decree, Federal Voting Rights Act (VRA) Compliance
I. REFERENCE(S):
Proposed Consent Decree - United States District Court Eastern District of Washington
Complaint for Injunctive and Declaratory Relief
Resolution No. 3635
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to authorize the City Attorney to jointly file, with the ACLU, in the
case of Bertha Aranda Glatt v City of Pasco, the proposed Consent Decree in
substantially the form presented.
IH. FISCAL IMPACT:
IV. HISTORY AND FACTS BRIEF:
As the result of rapid population growth and changes in community demographics, the
City has expended significant effort recently in working to assure that all Pasco
residents are fairly represented on the City Council. In the recent past the City Council
has identified that its current election system, which provides that Council district seats
are voted by district in the primary election but on a city-wide basis in the general
election, could be diluting the Latino/a vote. State law however mandates that City
Council district seats be voted on a city-wide basis in the general election. As the City
is not authorized to adopt an election system inconsistent with state law, the City
Council has not been able to change its election system to allow district -based voting in
the general election.
It has recently been alleged by the American Civil Liberties Union (ACLU) that the
impact of Latino voters is diluted by the at -large aspect of the City's current election
system and, thus, adversely impacts the election of Latino -favored candidates to the
City Council. The ACLU's claim, as outlined in the attached complaint recently filed
in Federal District court, is that the City is in violation of the Federal Voting Rights
Page 60 of 112
Act.
Aside from efforts within the confinements created by state law, the City Council has
initiated multiple efforts in an attempt to change state law to allow for greater impact of
the Latino/a vote. In May 2015, the City Council enacted Resolution No. 3635,
attached, declaring its intent to pursue a change in state law to allow district based -
voting, declaring its continuing intent to provide equal voting opportunities for all of its
citizens, and to provide equitable and proportional representation. The City followed
up its resolution by vigorously advocating to the state legislature for a change in state
law that would allow for district based voting for City Council districts in the general
election. While some traction was gained, the legislature has yet to amend state law.
In a separate effort, the City sought an opinion from the Washington State Attorney
General (AG) on the matter, which the AG rendered on January 28, 2016. While
helpful, as written the AG's opinion references threshold determinations and requires
coordination with, and approval from, other agencies that add considerable time and
potential for disagreement in resolving this matter of great import to the community in
a timely manner. It has been Council's direction that the matter of district -based voting
be brought to them for consideration and resolution far enough in advance of the next
Council election cycle so as to be beneficial to the community.
City officials and representatives of the American Civil Liberties Union have been in
discussions since early 2016 in an effort to map a way forward. With the adjournment
of the legislature signaling the loss of a legislative solution this year, and the possibility
that utilization of the AG's opinion may result in a protracted and unpredictable process
leaving the City at risk of costly litigation, those discussions have necessarily focused
on litigation in federal court as a vehicle to address concerns over the City's election
system. In a situation such as this, where state law is precluding the City from taking
action to meet the requirements of a federal law, the judgment of a federal judge can
overrule the state law. A court, however, cannot enter a judgment unless it has
jurisdiction over the matter, which is initiated by a legal proceeding, which in turn
requires the filing of a complaint which has now occurred.
The proposed draft consent decree is a means by which the City and ACLU propose to
ask the United States District Court Eastern District of Washington assume jurisdiction
in this matter and ultimately "Determine and impose the appropriate election system
remedy."
V. DISCUSSION:
The City and ACLU have jointly crafted the above referenced proposed consent
decree. Council discussion and approval of the document is requested before it is
submitted to the Court.
This item was discussed at the August 8 Workshop meeting. Staff recommends
Page 61 of 112
approval of the attached resolution.
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Leland B. Kerr, WSBA No. 6059
KERR LAW GROUP
7025 W. Grandridge Blvd., Suite A
Kennewick, Washington 99336
Telephone: (509) 735-1542
Facsimile: (509) 735-0506
lkerr@kerrlawgroup.net
Attorneys for Defendants, City of Pasco
Emily Chiang, WSBA No. 50517
La Rond Baker, WSBA No. 43610
Breanne Schuster, WSBA No. 49993
AMERICAN CIVIL LIBERTIES UNION OF WASHINGTON FOUNDATION
901 Fifth Avenue, Suite 630
Seattle, Washington 98164
Telephone: (206) 624-2184
Email: echiang@aclu-wa.org, lbaker@aclu-wa.org, bschuster@aclu-wa.org
Attorneys for Plaintiff,
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WASHINGTON
Bertha Aranda Glatt,
Plaintiff,
V.
CITY OF PASCO, MATT WATKINS,
in his official capacity as Mayor of
Pasco, and REBECCA FRANCIK, BOB
HOFFMANN, TOM LARSEN, SAUL
MARTINEZ, and AL YENNEY, in their
official capacity as members of the Pasco
City Council,
Defendants.
CONSENT DECREE - 1
No. 4:16 -CV -05108 -LRS
CONSENT DECREE
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KENNEWICK, WASHINGTON 99336
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CONSENT DECREE
A Complaint has been filed by the above Plaintiff alleging that the current
at -large method of electing members of the Pasco City Council violates Section 2
of the Federal Voting Right Act by diluting the electoral power of Pasco's Latino
voters and thereby depriving Latinos of an opportunity to fully participate in the
political process and to elect candidates of their choice to the Pasco City Council.
FACTUAL STIPULATION — LIABILITY
The above-named Plaintiff and Defendants stipulate and agree as follows:
Background
1. Defendant City of Pasco, Washington, is a municipal corporation
organized under the laws of the State of Washington as an optional -code city
subject to Chapter 35A of the Revised Code of Washington. Defendants Rebecca
Francik, Robert Hoffmann, Thomas Larsen, Saul Martinez, Matthew Watkins, and
Al Yenney, are current members of the Pasco City Council. The City Council has
statutory authority to set voting districts subject to the State law. The City
Councilmembers are each sued in their official capacity only.
2. The Pasco City Council consists of seven (7) City Councilmembers
serving staggered four-year terms. The next municipal election will be in
November 2017, at which time four (4) seats on the Pasco City Council will be up
for election.
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3. Five (5) City Councilmembers are currently nominated in a non-
partisan, top -two primary in five (5) territorial election districts. For territorial
election districts, only a resident of that voting district may be a candidate for, or
hold office as, a Councilmember of that district, and only voters of the district may
vote at the primary election to nominate candidates for the City Councilmember
for that district. Candidates for the two (2) at -large City Council positions are
determined at the primary election in a non-partisan, top -two primary by residents
of the entire City of Pasco.
4. During the general election, voters of the entire City vote to elect a
Councilmember for each of the respective territorial election districts, as well as
the two at -large Council positions (i.e., all Councilmembers are elected on an at -
large basis).
5. The City has, within the last legislative session, sought a change to the
State law to allow for district -based voting. In the absence of a change in the State
law, the City, and in anticipation of the 2015 municipal election cycle, sought to
amend Pasco Municipal Code (PMC) 1.10.010 to provide for district -based
elections. The City requested that the Franklin County Auditor implement district -
based voting. The Auditor responded to Pasco's request in a letter dated April 17,
2015, claiming that because implementing a district -based election system would
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violate RCW 35A.12.180, the Auditor was unable to conduct an election under
Pasco's proposed district -based election system.
6. On May 4, 2015, the Pasco City Council enacted Resolution No. 3635
declaring its intent to pursue a district -based election system for City
Councilmembers, and further declaring its continuing intent to provide equal
voting opportunities for all of its citizens, and to provide equitable and proportional
representation.
7. On the behest of the City of Pasco, Washington State Senator Pam
Roach submitted a request to the Washington State Attorney General regarding the
authority of cities subject to RCW 35A.12.180 (which includes the City of Pasco)
to change their own election systems. On January 28, 2016, the Washington State
Attorney General rendered an Opinion which noted that:
"Thus, RCW 35A.12.180 specifically denies to code cities the authority
to restrict voting by ward at the general election. Therefore, a local
ordinance that provided for general elections by ward would conflict
with RCW 35A.12.180 and be preempted by state law." (Attorney
General Opinion at pg. 5.) "In sum, Code cities in Washington that
believe they may be in violation of the VRA face difficult decisions and
potential legal risk regardless of what course they choose." (Attorney
General Opinion at pg. 10).
Violation of Section 2 of the Federal Voting Rights Act
8. This action is for the enforcement of Section 2 of the Federal Voting
Rights Act, which provides in part as follows:
CONSENT DECREE - 4
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"(a) No voting qualification or prerequisite to voting or standard,
practice, or procedure shall be imposed or applied by any State or
political subdivision in a manner which results in a denial or
abridgement of the right of any citizen of the United States to vote on
account of race or color, or in contravention of the guarantees set forth
in Section 1973b(f)(2) of this title, as provided in subsection (b) of
this section.
(b) A violation of subsection (a) of this section is established if,
based on the totality of circumstances, it is shown that the political
processes leading to nomination or election in the State or political
subdivision are not equally open to participation by members of a
class of citizens protected by subsection (a) of this section in that its
members have less opportunity than other members of the electorate
to participate in the political process and to elect representatives of
their choice. The extent to which members of a protected class have
been elected to office in the State or political subdivision is one
circumstance which may be considered: Provided, That nothing in
this section establishes a right to have members of a protected class
elected in numbers equal to their proportion in the population."
The Federal Voting Rights Act is designed to "help effectuate the Fifteenth
Amendment's guarantee that no citizen's right shall 'be denied or abridged ... on
account of race, color, or previous condition of servitude." (Voinovich vs. Quilter,
507 U.S. 146, 152 (1993)).
A violation of the Federal Voting Rights Act occurs, when based upon the
totality of the circumstances, the challenged electoral process is "not equally open
to participation by members of a 'racial minority group' and that its members have
less opportunity than other members of the electorate to participate in the political
process and to elect representatives of their choice."
CONSENT DECREE - 5
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7025 WEST GRANDRIDGE BLVD., SUITEA
KENNEWICK, WASHINGTON 99336
PHONE (509) 735-1542
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The City of Pasco is an optional municipal code city subject to RCW
35A.12.180, the pertinent portion of which reads as follow:
"Wards shall be redrawn as provided in chapter 29.70 RCW (now
29A.76 RCW). Wards shall be used as follows: (1) Only a resident
of the ward may be a candidate for, or hold office as, a
councilmember of the ward; and (2) only voters of the ward may vote
at a primary to nominate candidates for a councilmember of the ward.
Voters of the entire city may vote at the general election to elect a
councilmember of a ward, unless the city had prior to January 1, 1994,
limited the voting in the general election for any or all council
positions to only voters residing within the ward associated with the
council positions. If a city had so limited the voting in the general
election to only voters residing within the ward, then the city shall be
authorized to continue to do so."
Due to voting trends, the result of the statutorily mandated at -large election
is non -Hispanic dominance in electing City Council members. Pasco's large
Latino population is sufficiently numerous and compact to form a majority in at
least one single -member district; is political cohesive; and the non -Latino majority
votes sufficiently as a block to defeat a Hispanic preferred candidate. (Thornburg
vs. Gingles, 478 U.S. 30 (1986)).
As this court held in Montes v. Yakima, "state law must sometimes
yield to afford an effective remedy under the Voting Rights Act. The
Supremacy Clause requires that state law be abrogated where doing so is
necessary to remedy a violation of the Voting Rights Act. See Arizona vs.
Inter Tribal Council ofAriz. Inc., 133 S.Ct. 2247, 2256 (2013))." Montes v.
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Yakima, No. 12 -CV -3108 -TOR, Final Injunction and Remedial Districting
Plan (2015). "Federal legislation so far as it extends and conflicts with the
regulations of the State, necessarily supersedes them." Ex parte Siebold, 100
U.S. 371, 384 (1879)). Thus, "[i]n remedial situations under Section 2 where
state laws are necessarily abrogated, the Supremacy Clause appropriately
works to suspend those laws because they are an unavoidable obstacle to the
vindication of the federal right." Large v. Fremont Cnty., Wyo., 670 F.3d
1133, 1145 (10th Cir. 2012).
As such, a number of state courts have invalidated at -large election
systems and approved or given full deference to single -member district
remedial plans, even when the adoption of such a plan conflicted with state
law. See e.g. United States vs. City of Euclid, 580 F. Supp. 2d 584 (E.D.
Ohio 2008); Tallahassee Branch of NAACP v. Leon County, 827 F.2d 1436,
1437 (11th Cir. 1987); cert. denied, 488 U.S. 960; United States v. Osceola
County, 474 F. Supp. 2d 1254 (M.D. Fla 2006). Similarly here, the Federal
Court is specifically authorized to order an election system that conflicts with
state law in order to fully remedy the City's Voting Rights Act violation.
Indeed, the Eastern District of Washington affirmatively held in Montes
that
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"Defendants are correct that state law must sometimes yield to afford
an effective remedy under the Voting Rights Act. The Supremacy
Clause requires that state law be abrogated where doing so is
necessary to remedy a violation of the Voting Rights Act. (Arizona
vs. Inter Tribal Council of Ariz. Inc., 133 S.Ct. 2247, 2256 (2013).
Federal legislation so far as it extends and conflicts with the
regulations of the State, necessarily supersedes them. In remedial
situations under Section 2 where state laws are necessarily abrogated,
the Supremacy Clause appropriately works to suspend those laws
because they are an unavoidable obstacle to the vindication of the
federal right."
Montes, 40 F. Supp. 3d 1377 (E.D. Wash. 2014)
The Federal Court is specifically authorized to act in just such a
circumstance to resolve such a conflict.
9. Since the implementation of district voting in 1971, the population of
the City of Pasco has grown dramatically. During that period, there has been a
substantial increase in the number of Latino residents. Today, Latino residents are
estimated to be approximately half of the City's population. The Latino population
in the City of Pasco is sufficiently numerous and geographically compact to
constitute a majority of the voting age population in at least one election district.
Id. ¶ 42.
10. Latinos in the City of Pasco are a politically unified group that votes
cohesively as a bloc. In contests between Latino and non -Latino candidates for the
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City Council, statistical analysis show that Latino voters consistently vote for
Latino candidates. Id. ¶ 21.
11. The majority of voters in Pasco are white and and have historically
engaged in bloc voting favoring non -Hispanic candidates.
12. There is a pattern of racially polarized voting in the City of Pasco City
Council elections. The voting patterns and the presently mandated at -large general
election of all City Council candidates make it impossible for the Latino
community to elect candidates of their choice. Id. ¶¶ 10, 22. Although other
minority candidates have been elected to the City Council, as a result of racially -
polarized bloc voting, no Latino candidate has ever won an opposed election to the
Pasco City Council. The first Latina to serve on the City Council was Luisa
Torres. She was appointed to the Council in 1989. Luisa subsequently ran for
election in 1989 but was defeated by a non -Latino candidate. The only other
Latino to serve on the City Council was also first appointed to the City Council,
Saul Martinez. He subsequently ran unopposed, which enabled him to retain his
seat. Id. ¶ 23.
13. In 2015, six Latinos ran for two positions on City Council. Despite
strong support of Latino voters, the two Latinas who survived the primary election
were both defeated in the November 2015 general election. Id. ¶ 24.
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While there is no evidence of any discriminatory motive or intent by the
non -Latino population in exercising their own rights to vote, such intent is
not relevant to a violation of Section 2 of the Voting Rights Act.
14. There is no evidence that non -Latinos are deliberately conspiring to
outvote Latinos.
15. The Latino population in the City of Pasco is sufficiently numerous
and geographically compact to constitute a majority of the voting age population in
at least one election district. Id. ¶ 42.
16. Under the Senate Factors or "the totality of the circumstances"
analysis, there is sufficient evidence of disparities to show inequality in
opportunities between the white and Latino populations and that the existing at -
large election system for the Pasco City Council has excluded Latinos from
meaningfully participating in the political process and diluted their vote such that
Latinos are unable to elect candidates of their choice to the City Council. Thus,
the election system by which Pasco elects its City Councilmembers, which is
mandated by State statute, and voting trends in Pasco results in a violation Section
2 of the Voting Rights Act.
17. It is in the best interest of the residents of the City of Pasco to enter
into this Consent Decree, thus avoiding protracted, costly, and potentially divisive
litigation. Defendants have the authority to settle litigation in good faith for further
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expenditure of public funds and defense thereof is not likely to be in the interest of
the public.
NOW, THEREFORE, based upon the stipulated evidence presented in this
case and as memorialized above, IT IS HEREBY, ORDERED, ADJUDGED AND
DECREED that:
1. This Court has jurisdiction over these actions pursuant to 42 U.S.C.
1973 and 28 U.S.C. 1345.
2. Under the Supremacy Clause of Article VI of the Constitution of the
United States this Court has the power to impose a remedy otherwise contrary to
applicable State statutes. This Court also has the authority to approve a settlement
or issue a consent decree that abrogates or modifies state law if doing so necessary
to remedy a violation of Section 2 of the Voting Rights Act. Perkins v. Chicago
Heights, 47 F.3d 212, 216 (7th Cir. 1995).
3. RCW 35A.12.180 mandates that Pasco elect its City Councilmembers
in at -large elections. Due to voting trends in Pasco the use of an at -large election
system dilutes the Latino population's voting power in violation of Section 2 of the
Voting Rights Act.
4. In order to remedy the City of Pasco's Section 2 violation, the City
must adopt a new election system. Implementation of the new election system will
necessarily abrogate Washington State law, but must do so only as much as
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necessary to remedy the Section 2 violation. Largey, 670 F.3d at 1145 ("[I]n
remedial situations under Section 2 where State laws are necessarily abrogated, the
supremacy clause appropriately works to suspend those laws because they are an
unavoidable obstacle to the vindication of the Federal right.") (emphasis in
original).
5. Defendants admit that due to voting trends Pasco's election system
results in unlawful dilution of the Latino population's vote in violation of Section 2
of the Voting Rights Act; a new election system must be imposed; Pasco does not
have the authority to affirmatively change its election system because Wash. Rev.
Code 35A.12.180 bars such alterations; and this Court has the authority to impose
an election system that remedies that violation.
6. The Court reviewed the Parties' stipulation of facts as reflected in this
Consent Decree, and finds that the stipulations are sufficient to support finding that
the current Pasco's City Council election system unlawfully dilutes the Latino
population's vote in violation of Section 2 of the Federal Voting Rights Act, 42
U.S.C. § 1973.
7. Except as inconsistent with or specifically altered by the terms of this
Consent Decree, all State laws shall continue to govern elections for the City
Council of the City of Pasco.
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8. Defendants, and their officers, agents, and successors in office, and all
persons acting in concert with them, are enjoined from administering,
implementing, or conducting future elections for the Pasco City Council under the
current at -large election method or any other election method that violates Section
2 of the Voting Rights Act.
9. The Court reserves jurisdiction of this matter to determine and impose
the appropriate election system to remedy the current violation of Section 2 of the
Voting Rights Act.
10. It is further ordered, to provide for effective opportunities for full
participation in the 2017 municipal election cycle, that the Parties shall, in good
faith efforts, meet and confer no later than September 15, 2016 to determine
whether the Parties can agree upon a remedial option for compliance with Section
2 of the Voting Rights Act. If the Parties cannot reach agreement, the Parties shall
each submit their proposed remedial districting plans to the Court on or before
October 15, 2016. The Parties shall respond to the proposed remedial plans on or
before November 15, 2016. The Parties shall present a reply regarding the
proposed remedial plans by November 15, 2016. A hearing before this Court on
the proposed remedial redistricting plans shall be set by the Court.
11. No attorney fees or costs are awarded for this liability phase of the
case or work performed by Plaintiffs prior to the filing of the Complaint; however,
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the Court reserves the award of reasonable attorney fees and costs for the remedial
phase of this case.
ENTERED THIS day of 12016.
United States District Judge
Presented by:
AlLeland B. Kerr
Leland B. Kerr, WSBA No. 6059
KERR LAW GROUP
7025 W. Grandridge Blvd., Suite A
Kennewick, Washington 99336
Telephone: (509) 735-1542
Facsimile: (509) 735-0506
lkerr@kerrlawgroup.net
Attorneys for Defendants
/s/Emily Chiang
Emily Chiang, WSBA No. 50517
La Rond Baker, WSBA No. 43610
Breanne Schuster, WSBA No. 49993
ACLU of Washington Foundation
901 Fifth Avenue, Suite 630
Seattle, Washington 98164
Telephone: (206) 624-2184
echiang@aclu-wa.org
lbaker@aclu-wa.org
bschuster@aclu-wa.org
Attorneys for Plaintiff
CONSENT DECREE - 14
KERR LAW GROUP
7025 WEST GRANDRIDGE BLVD., SUITEA
KENNEWICK, WASHINGTON 99336
PHONE (509) 735-1542
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Emily Chiang, WSBA No. 50517
La Rond Baker, WSBA No. 43610
Breanne Schuster, WSBA No. 49993 (E.D. Wash. Admission Pending)
AMERICAN CIVIL LIBERTIES UNION OF WASHINGTON FOUNDATION
901 Fifth Avenue, Suite 630
Seattle, Washington 98164
Telephone: (206) 624-2184
Email: echiang@aclu-wa.org, lbaker@aclu-wa.org, bschuster@aclu-wa.org
Brendan V. Monahan, WSBA No. 22315
STOKES LAWRENCE VELIKANJE MOORE & SHORE
120 N. Naches Ave.
Yakima, Washington 98901
Telephone: (509) 853-3000
Email: bvm@stokeslaw.com
Attorneys for Plaintiff Bertha Aranda Glatt
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WASHINGTON
Bertha Aranda Glatt,
Plaintiff,
LIFO
CITY OF PASCO'MAT T
WATKINS, in his official capacity as
Mayor of Pasco, and REBECCA
FRANCIK, BOB HOFFMANN,
TOM LARSEN, SAUL MARTINEZ,
and AL YENNEY, in their official
capacity as members of the Pasco
City Council,
Defendants.
ILI 11163
COMPLAINT
I. INTRODUCTION
1. This Complaint is a challenge to the at -large election system utilized by
the City of Pasco, Washington to elect members of its City Council. The
COMPLAINT FOR INJUNCTIVE AND
DECLARATORY RELIEF
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UNION OF WASHINGTON
FOUNDATION
901 Fifth Ave, Suite 630
Seattle, WA 98164
(206)624-2184
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current at -large scheme impermissibly denies Latino/a voters an equal
opportunity to participate in the political process and elect representatives
of their choice, in violation of Section 2 of the Voting Rights Act, 42
U.S.C. § 1973.
II. JURISDICTION
2. This is an action for injunctive and declaratory relief under Section 2 of
I®
the Voting Rights Act, 42 U.S.C. § 1973.
Jurisdiction is proper under 28 U.S.C. §§ 1331, 1343(a)(3), 1343(a)(4),
and 1367. Plaintiff's action for declaratory and injunctive relief is
authorized by 28 U.S.C. §§ 2201 and 2202. Venue is proper under 28
U.S.C. § 1391.
III. PARTIES
4. Plaintiff Bertha Aranda Glatt is a Latina, registered voter, and resident of
the City of Pasco.
5. Plaintiff desires to participate in the electoral and political processes of
the City of Pasco on an equal basis with all other residents, and to ensure
that all Latino/a voters can also do so.
6. Defendant City of Pasco is a governmental entity that maintains an
electoral system comprised of seven positions—five residency district
positions and two at -large positions—for the Pasco City Council (the
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"City Council"). In the general election, all seven City Council seats are
elected at -large.
7. Defendants Matt Watkins, the Mayor of the City of Pasco, Rebecca
Francik, Bob Hoffmann, Tom Larsen, Saul Martinez, and Al Yenney are
the current elected members of the City Council. The City Council has
authority to set voting districts. The City Council members are each sued
in their official capacity only.
IV. FACTS
A. The City of Pasco
8. Pasco is a non -charter code city. Under Wash. Rev. Code 35A.12.180,
non -charter code cities may divide their city into wards but may not limit
voting in general elections to voters residing in wards unless the system
was set up prior to 1994. Pasco did not set up a districted voting system
for primary elections prior to 1994.
9. According to data provided by the United States Census Bureau, the City
of Pasco has a total population of 62,295 and a voting -age population of
40,451.
10. Latino/as comprise approximately 32% of the City of Pasco's voting -age
population, and comprising approximately 54.13% of the city's
population.
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B. The Pasco City Council
11. The City Council is comprised of seven (7) non-partisan seats.
12. City Council positions 1, 2, 3, 4, and 5 are residency districts. Positions 6
and 7 are at -large seats.
13. In the primary, only those who live in a residency district associated with
positions 1-5 vote to determine who will proceed from the primary to the
Im
1 15.
general election. In the primary, positions 6 and 7 are elected at -large.
In the general election all City Council positions are elected at -large.
City Councilmembers serve staggered, four-year terms such that either
three or four of the seven seats are up for election biannually. The last
general election for positions 1, 5, and 6 was held on November 3, 2015.
The last general election for positions 2, 3, 4 and 7 was held on November
5, 2013.
16. Despite the fact that there is a substantial Latino/a population, no Latino/a
has won a contested election.
C. Pasco's Latino/a Community
17. Latino/as in Pasco have expressed clear political preferences that are
distinct from those of the majority of non-Latino/a voters. In elections
where Latino/a candidates have run, a statistically significant percentage
of Latino/a voters in Pasco vote for the same candidates.
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18. As a result of racially polarized bloc voting, no Latino/a candidate has
ever won a contested election for a seat on the City Council.
19. These patterns have continued through the most recent elections in the
Pasco City Council. In 2015, six Latinos ran for two positions on City
Council. Despite vigorous efforts and strong support in the Latino/a
community, the two Latinas who survived the primary election were both
defeated in the general November 2015 election.
20. Latino/as in the City of Pasco are physically and geographically compact
enough to compose the majority of at -least one single -member district,
and it is possible to draw a single -member district plan for the Pasco City
Council that contains three districts with Latino/a citizen voting -age
population majorities.
21. The totality of the circumstances demonstrate that Latino/a voters in the
City of Pasco have less opportunities than white members of the
electorate to participate in the political process and elect representatives of
their choice.
22. There has been discrimination against Latino/as in their efforts to
1 23
participate equally with other residents in the political process.
There is significant evidence of racially polarized voting in Pasco City
Council elections. Bloc voting patterns in the City have consistently
CIVIL
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prevented Latino/a voters from electing their preferred candidates. This
racially polarized voting results in the limited representation and
indifference to the Latino/a community's interests on the City Council.
The City of Pasco has used voting practices or procedures that enhance
the opportunity for discrimination against Latino/a voters.
Latino/as in the City of Pasco have been subjected to and continue to bear
the effects of official and private discrimination on the basis of race and
ethnicity in employment, education, health services, and housing. As a
result of historical discrimination against Latino/as in employment,
education, health services, and housing, many Latino/as in the City of
Pasco have a lower socioeconomic status.
According to the 2011-2013 American Community Survey ("ACS") 3 -
Year Estimates, Latino/as in Pasco are less likely to own homes than
white residents. Estimates indicate that 77.7% of white residents owned
the home they occupied while only 51.8% of Latino/a residents did.
According to the 2011-2013 ACS 3 -Year Estimates, while 14.2% of the
City of Pasco's non -Hispanic white residents aged 18 to 64 lack health
insurance, 43.8% of Latino/as aged 18 to 64 lack the same.
According to the 2011-2013 ACS 3 -Year Estimates, the poverty rate for
Latino/a residents of the City of Pasco is more than six times higher than
COMPLAINT FOR INJUNCTIVE AND
DECLARATORY RELIEF
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FOUNDATION
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Seattle, WA 98164
(206)624-2184
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the rate for non -Hispanic white residents (32.9% to 5.1 % respectively).
Relatedly, the median household income for Latino/a residents in the city
is approximately half that of non-Latino/a white residents. The median
household income for Latino/a residents is $33,645, while the median
income for non -Hispanic whites is $66,222.
While a Latino/a has run for a City Council position nearly every election
cycle since 1990, not one Latino/a candidate has won a contested City
Council election. The sole Latino elected to the City Council, Saul
Martinez, was first appointed to the Council, and subsequently ran
unopposed. The only other Latino/a that has sat on the City Council, Luisa
Torres, was appointed in 1989 but lost subsequent bids for City Council.
These factors have allowed elected officials to remain unresponsive to the
needs of the Latino/a community in Pasco.
The City's at -large election system, racially polarized voting, and
historical and ongoing discrimination have hindered Latino/as' ability to
participate effectively in the political process and have diluted Latino/as'
ability to elect representatives of their choice.
COMPLAINT FOR INJUNCTIVE AND
DECLARATORY RELIEF
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AMERICAN CIVIL LIBERTIES
UNION OF WASHINGTON
FOUNDATION
901 Fifth Ave, Suite 630
Seattle, WA 98164
(206)624-2184
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COUNT ONE
VIOLATION OF SECTION 2 OF THE VOTING RIGHTS ACT OF 1965
32. The allegations contained in Paragraphs 1 through 31 are hereby
incorporated in Count One of the Complaint as if set forth herein.
33. The Latino/a community in the City of Pasco is sufficiently numerous and
geographically compact such that one or more properly apportioned
single -member electoral districts can be drawn in which Latino/as would
constitute an effective majority of eligible voters.
34. Latino/as in the City of Pasco constitute a politically unified group that
votes cohesively as a bloc.
35. Racially polarized voting persists in Pasco City Council elections. White
voters consistently vote as a bloc to elect candidates favored by the white
community and defeat the Latino/a community's candidates of choice.
36. Under the totality of the circumstances, the at -large method of electing
members of the Pasco City Council denies Latino/a citizens an
opportunity to participate in the political process and elect representatives
of their choice equal to that afforded other members of the electorate,
thereby diluting Latino/a voting strength.
37. This vote dilution violates Section 2 of the Voting Rights Act, 42 U.S.C. §
1973.
COMPLAINT FOR INJUNCTIVE AND
DECLARATORY RELIEF
Page 18
AMERICAN CIVIL LIBERTIES
UNION OF WASHINGTON
FOUNDATION
901 Fifth Ave, Suite 630
Seattle, WA 98164
(206)624-2184
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38. Unless enjoined by order of this Court, the City of Pasco will continue to
violate Section 2 by conducting elections for the Pasco City Council
pursuant to the current at -large method in staggered elections.
PRAYER FOR RELIEF
WHEREFORE, Plaintiff prays that the Court enter an order:
IM
IN
IN
Im
IM
Declaring that the at -large method of electing Pasco City Council
members violates Section 2 of the Voting Rights Act of 1965;
Enjoining Defendants, their agents and successors in office, and all
persons acting in concert with any of these individuals from
administering, implementing, or conducting any future elections for the
City of Pasco under the current method of electing City Council members;
Ordering the implementation of an election system for the Pasco City
Council that complies with Section 2 of the Voting Rights Act of 1965;
Retaining jurisdiction of this action and granting Plaintiff any further
relief which may in the discretion of this Court be necessary and proper to
ensure that timely and lawful procedures are used in elections for the
Pasco City Council;
Granting Plaintiff the attorneys' fees and costs they incur, pursuant to 42
USC § 19731(e) and 42 U.S.C. § 1988; and
COMPLAINT FOR INJUNCTIVE AND
DECLARATORY RELIEF
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AMERICAN CIVIL LIBERTIES
UNION OF WASHINGTON
FOUNDATION
901 Fifth Ave, Suite 630
Seattle, WA 98164
(206)624-2184
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6. Granting any other relief that the Court may determine to be just and
equitable.
DATED this 4th day of August, 2016.
Respectfully submitted,
M
/s/Emily Chiang
Emily Chiang, WSBA No. 50517
echiang@aclu-wa.org
/s/La Rond Baker
La Rond Baker, WSBA No. 43610
lbaker@aclu-wa.org
/s/Breanne Schuster
Breanne Schuster, WSBA No. 49993*
bschuster@aclu-wa.org
AMERICAN CIVIL LIBERTIES UNION
OF WASHINGTON FOUNDATION
901 Fifth Avenue, Suite 630
Seattle, Washington 98164
Telephone: (206) 624-2184
/s/Brendan V. Monahan
Brendan V. Monahan, WSBA No. 22315
bvm@stokeslaw.com
STOKES LAWRENCE VELIKANJE MOORE & SHORE
120 N. Naches Ave.
Yakima, Washington 98901
Telephone: (509) 853-3000
Attorneys for Plaintiff Bertha Aranda Glatt
* Application for admission to the Eastern District of Washington pending.
COMPLAINT FOR INJUNCTIVE AND
DECLARATORY RELIEF
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AMERICAN CIVIL LIBERTIES
UNION OF WASHINGTON
FOUNDATION
901 Fifth Ave, Suite 630
Seattle, WA 98164
(206)624-2184
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RESOLUTION NO. 3"�.5'_
A RESOLUTION of the City of Pasco, Washington, Declaring an intent
to Adopt District -Based General Elections.
WHEREAS, the City of Pasco has long pursued a policy to provide equal voting
opportunity among its citizens, having adopted FMC 1.10.010 to provide districts that are nearly
equal in population and configured as not to favor or disfavor any racial group or political party,
and by PMC 1.10.040, to provide for the re-establishment of district boundaries to maintain this
equality, preventing a difference in population that exceeds 10%; and
WHEREAS, rapid population growth within of the City of Pasco and redistribution of
population have necessitated frequent redistricting efforts on the part of the City; and
WHEREAS, with this increased growth, the City's minority populations have likewise
increased, particularly its Hispanic citizens; and
WHEREAS, during the 2.01412015 redistricting cycle, the City conducted extensive
research and investigation, with the assistance of demographic expertise to pursue and achieve
not only equitable representation, but proportional representation within its five voting districts;
and
WHEREAS, the City Council has achieved that balance with the adoption of Ordinance
No. 4209 which provides for equal and proportionate representation through the primary election
of City Council candidates; and
WHEREAS, the City Council's final step for achieving both equal and proportional
representation was the amendment of PMC 1. 10.070 to provide for district -based general
elections for City Council candidates; and
WHEREAS, the City has, during the 2015 legislative session, supported the Washington
Voting Rights Bill (Senate Bill 5658) which, by its terms, would authorize the City to change its
electoral system by implementing a district -based election system to achieve proportional
representation; and
WHEREAS, that legislation failed to secure approval by the 2015 legislature; and
WHEREAS, the City has sought assurances from the Franklin County Auditor that if the
City adopted a district -based election system without passage of the Washington Voting Rights
Bill, it would be able to adopt a district -based election system for the 2015 municipal election;
and
WHEREAS, the Franklin County Auditor has determined that such action would be in
violation of RCW 35A.12.180 and, therefore, would not be able to accommodate district -based
voting; and
WHEREAS, the City Council believes that the provisions of RCW 35A.12.180 as
applied to the circumstances of the City of Pasco results in potential vete dilution for some of its
citizens. NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO
RESOLVE AS FOLLOWS:
Section 1. Declaration of Intent. The City Council of the City of Pasco, Washington,
declares its intent to pursue a district -based election system for City Councilmembers when such
authority may be available at law.
Section 2. Requested Legislation. The City Council of the City of Pasco,
Washington, requests consideration by the Washington State legislature for amendment of RCW
35A.12.180 to provide cities the authority, and option, to adopt district -based election systems
for the election of City Councilmembers at general municipal elections, or to consider and adopt
a comprehensive voting rights bill that would permit local political subdivisions to change their
electoral systems, including implementation of district -based election systems, during the 2016
legislative session.
Section 3. Continuing Efforts. The City Council of the City of Pasco, Washington,
declares its continuing intent to provide equal voting opportunities for all of its citizens and to
provide equitable and proportionate representation of all of its citizens by the Pasco City
Council.
PASSED by the City Council of the City of Pasco,
dated this day of 2015.
Matt Watkins Mayor
A
, r)(7o i n
e r ark, City lerk
Washington, as its regular meeting
APPR90 AS Tt7 FORM:
Leland B. Kerr, City Attorney
AGENDA REPORT
FOR: City Council
August 11, 2016
TO: Dave Zabell, City Manager Regular Meeting: 8/15/16
FROM: Colleen Chapin, Human Resources Manager
Executive
SUBJECT: Collective Bargaining Agreement with Pasco Police Officers Association
I. REFERENCE(S):
Collective Bargaining Agreement with Pasco Police Officers Association
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to approve the Collective Bargaining Agreement with the Pasco
Police Officers Association for years 2016-2018 and, further, authorize the City
Manager to execute the agreement.
III. FISCAL IMPACT:
Estimated increases cost of department operations (base wages and benefits) by
approximately $263,000 in 2016, $202,000 in 2017 and an amount equal to 100% of
CPI minimum 2% - maximum 3% for 2018.
IV. HISTORY AND FACTS BRIEF:
The previous contract terminated December 31, 2015.
V. DISCUSSION:
Negotiations commenced in August 2015 with this 71 member bargaining unit. Due to
the inability to reach a settlement, the Pasco Police Officers Association (PPOA)
certified negotiations to mediation. With the assistance of the mediator the parties
reached a tentative agreement July 20, 2016. Local 1433 notified the City on August 5,
2016 that the members had voted to ratify the tentative agreement. Numerous contract
language modifications were negotiated, which provide greater clarity for management
and the bargaining unit members.
Additionally, to address the Council's interest that employees have an increased cost
Page 89 of 112
sharing for the Health Plan (as well as attempting to maintain internal equity between
employee groups as much as possible), the PPOA agreed to continue the employee
portion of the premium at 3% of the pay rate of a top step police officer.
It is important to note that having a settled contact, with this interest arbitration eligible
unit, is advantageous in that it is better from an organizational standpoint, and
financially, in that a negotiated agreement limits potential arbitration costs and
prevents an outside party from imposing financial mandates upon the City based on
their perception of shortfalls in compensation, or other issues relating to wages, hours,
or working conditions. It is important for the City to maintain reasonable parity, over a
range of benefits which can be priced out as "total compensation," in order not to find
itself in a position of vulnerability if arbitration is invoked. As such, the proposed
settlement, without the City having to go into extended bargaining or arbitration,
represents a significant step forward for the City and the bargaining unit.
Entering into negotiations, the unit was compensated significantly below comparable
cities within Washington State. The proposed agreement is a major step toward making
the Department competitive in terms of compensation. Also, to provide addition
stability for the City and the bargaining unit, the term of the CBA is three years. This
will avoid the parties needing to be right back at the table bargaining a successor
agreement in 2017.
Following are the significant cost related changes reflected in the new agreement:
* Effective January 2016: 2.00% wage increase
* Effective October 2016: 2.00% deferred compensation contribution
* Effective October 2016: Service Longevity:
11th year — 2%
16th year — 3%
21 st year — 4%
26th year — 5%
* Effective January 2017:
2.00% wage increase
0.50% deferred compensation contribution
$50.00 to Medical Trust contribution
* Effective January 2018: 100% of CPI (2% minimum — 3% Maximum)
Staff recommends Council ratification of the Agreement.
Page 90 of 112
2016-2018
Collective Bargaining Agreement
between
City of Pasco
and
Pasco Police officer's Association
Uniformed Employees
Page 91 of 112
TABLE OF CONTENTS
PAGE
WITNESSETH..................................................................................................................................................... I
ARTICLEI RECOGNITION....................................................................................................................1
ARTICLE 2 TERM AND SCOPE OF AGREEMENT..................................................................................1
ARTICLE3 MANAGEMENT RIGHTS.....................................................................................................1
ARTICLE 4 PERFORMANCE OF DUTY.................................................................................................. 2
ARTICLE 5 GRIEVANCE PROCEDURE...................................................................................................3
Section 1. Written Grievance to Sergeant............................................................................................3
Section 2. Written Grievance to Division Captain..............................................................................3
Section 3. Grievance Appealed to Chief of Department.....................................................................3
Section 4. Grievance Appealed to City Manager................................................................................ 3
Section 5. Grievance Appealed to Arbitration ....................
Section6. Special Provisions............................................................,...................................................4
ARTICLE6 DAYS OFF EXCHANGE.........................................................................................................5
Section1. Shift Exchange.....................................................................................................................5
Section2. No Overtime Liability......................................................................................................... 5
ARTICLE7 SICK LEAVE.........................................................................................................................5
Section1. Purpose.................................................................................................................................5
Section2. LEOFF I................. .............................................................................................................
5
a.
Accrual of Sick Leave................................................................................................................5
b.
Probationary Employee Accrual and Use of Sick Leave...........................................................5
i. Reporting.............................................................................................................................5
C.
Sick Leave with Pay.....................................................................................................................
5
i. Reporting.............................................................................................................................5
ii. Medical Certification ...........................................................................................................
5
iii. Medical Examination..........................................................................................................
6
d.
Sick Leave — Payment in Lieu Thereof.......................................................................................6
Section 4. Illnesses of Family Members..............................................................................................6
a.
Serious Illness...............................................................................................................................6
b.
Definition Family.........................................................................................................................6
c.
Definition Serious Illness.............................................................................................................6
d.
Definition Children......................................................................................................................
7
Section 5. Return to Work/Light Duty.................................................................................................7
a.
Work Assignments.......................................................................................................................7
b.
Rate of Pay/Required Duty..........................................................................................................7
ARTICLE8OVERTIME...........................................................................................................................7
Section 1. Overtime Threshold and Rate............................................................................................. 7
2016-2018 Collective Bargaining Agreement between the City of Pasco and
The Pasco Police Officer's Association Uniformed Employees — page i
Page 92 of 112
Section 2. Payment for Call-back, Court and Training.......................................................................
7
Section3. Other Rules.........................................................................................................................7
a. Travel Time.................................................................................................................................7
b. Sick Leave..................................................................................-.............................................7
c. Vacation Leave.............................................................................................................................
8
d. Military Leave..............................................................................................................................
8
e. Witness Fees.................................................................................................................................8
f. Civil Payments.............................................................................................................................
8
Section 4. Compensatory Time Accrual..............................................................................................
8
Section5, Compensatory Time Use.....................................................................................................8
Section 6. Compensatory Time Annual Conversion...........................................................................
8
Section7...............................................................................................................................................
9
ARTICLE9 BEREAVEMENT....................................................................................................................9
ARTICLE 10 MEDICAL, DENTAL, LIFE INSURANCE..............................................................................9
Section 1. Medical and Dental Insurance for Employees and Dependents........................................9
Section2. Vision Care..........................................................................................................................9
Section3. Life Insurance......................................................................................................................9
Section4. Medical Trust........................................................................................................................9
ARTICLE11 HOURS OF WORK ................................................................................................................10
Section1. Duty Schedule...................................................................................................................... 10
ARTICLE12 CLOTHING ALLOWANCE.................................................................................................... to
Section 1. Quartermaster System.........................................................................................................10
a. uniform Items.............................................................................................................................. 10
b. Weapon Items and Equipment....................................................................................................10
c. Leather or Synthetic Leather Gear Items....................................................................................11
Section 2. Replacement of Issued. Items..............................................................................................11
Section3. Uniform Shoes/Boots..........................................................................................................11
Section4. Plain Clothes........................................................................................................................ l 1
ARTICLE 13 WORKING OUT OF CLASSIFICATION................................................................................11
ARTICLE 14 HOLIDAYS AND VACATIONS...............................................................................................12
Section1. Vacations..............................................................................................................................12
a. Vacation Accrual..........................................................................................................................12
b. Accumulation of Vacation...........................................................................................................12
c. Vacation Cash-out........................................................................................................................12
d. Probationary Employees ..........................
Section2. Floating Holiday..................................................................................................................12
Section3. Holidays...............................................................................................................................12
ARTICLE15 WAGES.................................................................................................................................13
Section1. 2016 Wages.........................................................................................................................13
Section2. 2017 Wages.........................................................................................................................13
Section3. 2018 Wages.........................................................................................................................13
Section 4. Corporal and Sergeants.......................................................................................................13
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Section 5. Longevity
Section 6.
Deferred Compensation .................
Section 7.
Detectives ....................................
Section 8.
Detective Sergeants ........................
Section 9.
Patrol Training Officers ..................
Section 10.
SWAT ....................................
Section 11.
Certified Instructors ........................
............................................................................13
...............................................................................14
..................................................................................14
..................................................................14
...................................................................14
........................................................14
......................................................................14
ARTICLE 16 POLICE ACADEMY ATTENDANCE......................................................................................14
Section1. Overtime...............................................................................................................................14
Section2. Transportation......................................................................................................................14
Section3. Allowance............................................................................................................................14
ARTICLE17 SAVINGS CLAUSE................................................................................................................15
ARTICLE 18 POLICE OFFICER CAREER DEVELOPMENT PLAN............................................................15
Section 1. Tuition Reimbursement.......................................................................................................15
Section2. Monthly Premium................................................................................................................15
a. Police Officer, Sergeants, and Corporals....................................................................................15
ARTICLE 19 BILINGUAL. INCENTIVE.......................................................................................................16
ARTICLE 20 PHYSICAL EXAMINATION...................................................................................................16
Section1. Required...............................................................................................................................16
ARTICLE21 K-9 OFFICER.......................................................................................................................16
Section1. Off -Duty Time.....................................................................................................................16
Section2. FLSA....................................................................................................................................16
Section3. Payment................................................................................................................................16
Section 4. Serious Illness or Injury.......................................................................................................16
ARTICLE 22 SUBSTANCE -FREE WORK PLACE POLICY........................................................................16
ARTICLE 23 FEDERAL FAMILY AND MEDICAL LEAVE ACT OF 1993 ..................................................16
Section 1. Administrative Order Number 231.....................................................................................16
Section2. Notice Required...................................................................................................................16
Section3. Conflict.................................................................................................................................16
ARTICLE 24 PREVAILING RIGHTS..........................................................................................................17
ARTICLE25 SHHrr BILIDING....................................................................................................................17
ARTICLE26 LAYOFFS..............................................................................................................................17
ARTICLE27 PHYSICAL FITNESS.............................................................................................................17
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2016-2018
COLLECTIVE BARGAINING AGREEMENT
between
CITY OF PASCO
and
PASCO POLICE OFFICER'S ASSOCIATION
This Agreement is made and entered into by and between the City of Pasco, Washington, hereinafter
referred to as the "Employer," and the Pasco Police Officer's Association, hereinafter referred to as the
"Association."
WITNESSETH:
It is recognized that continued harmonious relations are essential between the Employer and the
Association. It is the intent of the Association to maintain the past excellent relationship and meet any
differences that may arise in a rational, common sense manner.
ARTICLE 1 - Recognition
The Employer recognizes that the Association is the exclusive bargaining representative for all the
employees of the Pasco Police Department in the civil service classifications of sergeant, corporal, and
police officer.
"Employee(s)" as used herein means and is limited to police department employees employed in the civil
service classifications of sergeant, corporal, and police officer.
ARTICLE 2 - Term and Scope of Agreement
Section 1. Term. All provisions to take effect upon signing with the exception of economic issues and
those issues with specific implementation dates.
Section 2. Scope. The Agreement expressed herein in writing constitutes the entire Agreement between
the parties and no oral statement shall add to or supersede any of its provisions during contract years 2016-
2018, the term of this Agreement. Provided, however, if the parties hereto have commenced negotiations
for a new contract in accordance with statutory requirements and such negotiations are continuing at the
termination date written above, the provisions of this contract shall remain in full force and effect until the
parties reach impasse in their negotiations or the effective date of a new contract, whichever first occurs.
Nothing herein shall be construed to interfere with any person's ability to initiate a representation question
or election with PERC.
Section 3. Zipper. The parties acknowledge that each has had the right and opportunity to make proposals
with respect to any matter being the proper subject for collective bargaining. The results of the exercise of
that right are set forth in this Agreement. Therefore, except as otherwise provided in this Agreement, each
voluntarily and unqualifiedly agree to waive the right to oblige the other party to bargain with respect to
any subject or matter not specifically referred to or covered by this Agreement.
ARTICLE 3 - Management Rights
The Association recognizes the exclusive right and prerogative of the Employer to make and implement
decisions with respect to the operation and management of the Police Department. Provided, however, that
the exercise of any or all of these rights shall not conflict with any provision of this Agreement. Such rights
and prerogative include, but are not limited to, the following:
The establishment of the qualifications for employment and to employ employees.
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To establish the make-up of the Police Department's work force and to make changes from
time to time, including the number and kinds of classifications, and direct the work force
towards the organizational goals established by the city.
3. Determination of the Police Department's mission, policies, and all standards of service
offered to the public.
4. To plan, direct, schedule, control and determine the operations and services to be conducted
by the employees of the Police Department in the city.
Determining the means, methods and number of personnel needed to carry out the
department's operations and services.
6. The reasonable approval and scheduling of all vacations and other employee leaves.
7. The hiring and assignment or transfer of employees within the department or to other
police -related functions..
8. The layoff of any employees from duty due to insufficient funds or change in the
department's mission, standards of service or other budgetary priorities set by the City
Council.
9. The introduction and use of new or improved methods, equipment or facilities.
10. The assignment of work to and the scheduling of employees.
11. The taking of whatever action is necessary to carry out the mission of the City or Police
Department in emergency circumstances and situations.
12. The determination of the department budget.
13. The right to: suspend, demote, discharge, or take other disciplinary action against
employees for just cause.
Any employee who may feel aggrieved by the unfair discriminatory exercise of the management rights
specified above, may seek his remedy by the Grievance Procedure provided for in this Agreement.
ARTICLE 4 - Performance of Duty
Neither the Association, its officers, or agents, nor any of the employees covered by the Agreement will
engage in, encourage, sanction, support or suggest any strikes, slowdowns, blu-flu, speed-ups, mass
resignations, mass absenteeism, the willful absence from one's positions, the stoppage of work or the
abstinence in whole or in part of the full, faithful and proper performance of the duties of employment for
the purpose of inducing, influencing, or coercing a change in the conditions of compensation or the rights,
privileges or obligations of employment. In the event that any employee violates this Article, the
Association shall, upon becoming aware of the situation, immediately notify any such employees in writing
to cease and desist from such action and shall instruct them immediately to return to their normal duties.
Any and all employees who violate any of the provisions of this Article may be discharged or otherwise
disciplined.
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ARTICLE 5 - Grievance Procedure
A grievance shall be defined as a dispute or disagreement raised by an employee or group of employees
against the Employer involving the interpretation or application of the specific provisions of this
Agreement. Grievances, as herein defined, shall otherwise be processed in the following manner:
Section ll. Written Grievance to Sergeant. As soon as possible, but in no case later than fourteen (14)
calendar days after the grievant knows or should have known of the event giving rise to the complaint, the
grievant shall first submit in writing on a standardized form (Appendix A) his/her compliant to their
Sergeant, noting the essential facts, provisions(s) of the Collective Bargaining Agreement alleged to be
violated and the relief sought. Said Sergeant shall meet with the grievant and make an investigation of the
relevant facts and circumstances of the complaint and attempt to resolve the matter within his delegated
scope of authority and terms of this Agreement, no later than seven (7) calendar days from the time the
grievance was submitted to them.
Section 2. Written Grievance to Division Captain. If the Sergeant does not resolve the matter to the
satisfaction of the grievant, the grievant may within fourteen (14) calendar days after the receipt of the
written response from the Sergeant, submit the grievance in writing to the Division Captain. The writing
shall include the original grievance filed with the Sergeant, the Sergeant's response and the objections to
the Sergeant's response. Said Captain shall make an investigation of the relevant facts and circumstances
of the complaint and attempt to resolve the matter within his delegated scope of authority and the terms of
this Agreement, no later than fourteen (14) calendar days from the time the grievance was submitted to him.
Section 3. Written Grievance to Chief of the Department. If the Captain does not resolve the matter to
the satisfaction of the grievant, the grievant may within fourteen (14) calendar days after the receipt of
written response from the Captain, submit the grievance in writing to the Chief of Police. The writing shall
include the original grievance filed with the Captain, the Captain's response and the objections to the
Captain's response. The Chief of Police shall meet with the grievant and then respond to the grievant in
writing of his decision within fourteen (14) calendar days following his receipt of the written grievance.
Section 4. Grievance Appealed to City Manager. If the complaint is not settled, the employee may
notify the City Manager in writing, by providing all the previous written filings and responses and his
objections to the Chief's response within fourteen (14) calendar days from the date of his receipt of the
Chief's written response. The City Manager shall hold a hearing on the dispute within fourteen (14)
calendar days where the parties may provide evidence and testimony. The City Manager shall issue a
written decision and the reasons therefore within fourteen (14) calendar days of such hearing.
Section 5. Grievance Appealed to Arbitration. Only a party to this Agreement may refer unsettled
grievances that concern provisions of this Agreement to arbitration according to the following steps:
(a) A request for arbitration shall be in writing and shall be submitted to the other party within
fourteen (14) calendar days following the date of the reply made in Section 4. Said appeal shall
identify the previously filed grievance and set forth the issue(s) that the moving party seeks to
have arbitrated.
(b) An arbitrator may be selected by mutual agreement of the parties. In the event the parties
cannot agree on the selection of an arbitrator within fourteen (14) calendar days, a joint request
shall be made to the FMCS for a list of seven (7) arbitrators. Selection shall be made by
alternatively striking names from the list with the party striking first determined by coin toss.
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(c) The arbitrator shall be limited to determining whether a party has violated, erroneously
interpreted, or failed to apply properly the terms and conditions of this Agreement and the
appropriate remedy. The arbitrator shall have no power to change, delete from, add to or alter
the terms of this Agreement. If possible, the arbitrator shall also designate the losing party.
(d) The parties agree that the decision of the arbitrator shall be final and binding and implemented
within thirty (30) calendar days following the rendering of the decision.
(e) The cost of arbitration shall be paid by the losing party, including the arbitrator's fee and
expenses. boom rental, if any, and the cost of court reporter's time shall be evenly shared.
Each party shall pay its own cost of any copy of the written record that party orders from the
reporter. If the arbitrator cannot designate which party is the loser, each party will pay one-
half (112) of the cost of the arbitration.
(f) Each party shall bear the cost of the preparation of its own case.
(g) The taking of a grievance beyond Section 4 of this grievance procedure or to an appeal hearing
of the Pasco Civil Service Commission constitutes an election of remedies and a waiver where
lawful of all rights to litigate or otherwise contest the appealed subject matter in any court or
other available forum. Likewise, litigation or the contest of the grievance subject matter in any
court or other forum shall constitute an election of remedies and a waiver of right to arbitrate
the matter.
Section 6. Special Provisions:
(a) The term "employee" or "grievant" as used in this article shall mean an individual employee,
group of employees, or the Association.
(b) An Association representative and/or aggrieved party shall be granted time off without loss of
pay for the purpose of processing a grievance from Section 3 forward. Any investigation
undertaken by the Association upon the work site shall be conducted so as not to disturb the
work of uninvolved employees and only after advance notice to the department head.
(c) A grievance may be entertained or advanced to any step in the grievance procedure if the parties
so jointly agree.
(d) The time limits as specified in this procedure may be extended by mutual written consent of
the parties involved. A statement of the duration of such extension of time must be signed by
both parties.
(e) Any grievance shall be considered settled at the completion of any step if all parties are satisfied
or if neither party presents the matter to a higher authority within the prescribed period of time.
(i') Failure by a grievant or the PPOA to act within the time limits specified in any step, shall
constitute a waiver and forfeiture of the moving party's right to further consideration of the
grievance, except when the failure is due to a cause over which the grievant or PPOA had no
cause in initiating or control. Failure, absent good cause, to meet with the Chief of Police or
City Manager at their request on a grievance appeal to their office (Section 3 and 4) shall be
deemed a waiver of the grievance and the grievant's right to further appeal.
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ARTICLE 6 - Days Off Exchange
Section 1. Shift Exchange. Employees shall have the right to exchange days off when the exchange does
not interfere with the best interests of the Police Department or result in overtime liability for the employer.
Requests for exchanges of days off shall be made forty-eight (48) hours in advance of the day requested,
excluding holidays and weekends, and be subject to the approval of the Chief of Police or his designee.
Section 2. No Overtime Liability. A shift exchange shall not result in overtime liability for the employer
and the parties agree to adopt the 7(k) exception of the FLEA for the purposes of this Article. When
exchange results in an employee working hours that would qualify for overtime, the excess hours worked
shall be excluded from the calculation of hours for which the employee would otherwise be entitled to
overtime. Where employees trade hours, each employee will be credited as if he or she had worked his or
her normal work schedule for that shift.
ARTICLE 7 - Sick. Leave
Section 1. Purpose. It is understood that sick leave is solely for the purpose of illness or injury when the
employee is unable or unfit to report to work or as provided in Section 4. For all employees, paid sick leave
shall not be available for illness or injury resulting from or caused by accident connected with other gainful
employment and any such illness or injury shall be reported to the employee's immediate captain at the
earliest opportunity. The Chief of Police, or his designee, may require a doctor's certificate, at his discretion.
Section 2. LEOFF H. Employees hired on or after October 1, 1977 (LEOFF II) shall accrue and receive
sick leave benefits as follows:
(a) Accrual of Sick Leave. New employees beginning work for the City prior to midnight of the 15"'
of the month shall earn sick leave credits from the first of the month. All employees beginning
work for the City after 12:01 a.m. on the 16`h of the month shall not earn sick leave credits until the
I" of the succeeding month. Sick leave shall accrue at the rate of eight (8) hours for each month
for each regular employee to a maximum accumulated sick leave of twelve hundred (1,200) hours.
(b) Probationary Employees Accrual and Use of Sick Leave.
i. Reporting. Neither a temporary, provisional or probationary employee is entitled to take paid
sick leave, provided, however, a probationary employee shall be entitled to take paid sick leave
after six (6) months of probationary employment. A probationary employee shall earn sick leave
credit in accordance with paragraph a), which shall be credited to him after six (6) months of
probationary employment.
(c) Sick Leave with Pay. Employees shall earn and may be granted time off with pay covering periods
of illness for involuntary physical incapacity, except time off caused by illness or injury connected
with other gainful employment to the extent that sick leave has accrued. In order to be granted sick
leave with pay, an employee must meet the following conditions:
i. Reporting. Notification of absence due to use of sick leave shall be given to the Chief of Police
or his designee as soon as possible on the first day of such absence and every day thereafter (unless
requirement is waived by the Chief) and in as far in advance of the scheduled work as possible.
Generally, this report shall be made no later than one-half (1/2) hour before the start of the shift.
The notification must include the general symptoms experienced by the employee that cause the
employee to claim sick leave. Failure to promptly report any illness or injury may be considered
an absence without pay and may subject the employee to discipline as well.
ii. Medical Certification. If absence extends beyond three (3) working days duration, the
employee will be required, at the option of the Chief, to submit a medical certificate signed by a
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(d)
physician confirming the employee sickness or injury, that the employee has been unfit for work
for the period of absence and is again able to return to work. The cost of the medical certificate
shall be at the city's expense.
iii. Medical Examination. Permit the city to make a medical examination or nursing visit if the
city deems it so desirable. The expense of such a medical examination or nursing visit shall be
paid by the city.
Sick Leave - Payment in Lieu. Thereof.
An employee, at the time of leaving the city, except for any such employee who has not given
at least two (2) weeks written notice of their voluntary termination of employment with the
city, shall have twenty-five percent (25%) of his or her accumulated and unused sick leave, up
to an aggregate credit of seven hundred twenty (720) hours paid to them in accordance with
regular city payroll procedures.
ii. An employee, leaving the city due to retirement from employment, (in accordance with the
definition of retirement under the Department of Retirement Systems), shall have thirty-five
percent (35%) of his or her accumulated and unused sick leave, up to an aggregate credit of
seven hundred twenty (720) hours paid to them in accordance with regular city payroll
procedures.
Section 4. Illnesses of Family Members.
(a)
(b)
(c)
Serious Illness. In the event of a serious illness in the family of the employee, the employee, at
his or her request, shall be granted time off utilizing earned sick leave time.
Definition Family. For the purpose of this section family shall be defined as follows: spouse,
parent, children, grandparent of the employee and those same family members of the employees'
spouse.
Definition Serious Illness. Illness which requires "treatment or supervision" means:
Any medical condition which requires medication that the family member cannot self -
medicate; or
ii. Any medical or mental condition that would endanger the family member's safety or recovery
without the presence of the employee; or
iii. Any condition warranting preventive health care, such as physical, dental, optical, or
immunization services, when the employee must be present to authorize treatment or when sick
leave may be used for the employee's preventive health care.
iv. Sub -sections b) and c) above are not intended to include medical or mental health conditions
that could adequately be supervised by a family member's regular care provider.
v. Any employee shall return to work and complete his or her regular shift assignment as soon as
the reason justifying the use of this family sick leave provision no longer exists, whether due
to betterment of the immediate family member's condition, completion of any required health
care services, completion of a spouse work day, or other reason initially justifying the use of
family sick leave.
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(d) Definition Children. "Children" means:
i. The natural offspring of the employee.
ii. The adopted child of the employee.
iii. The natural or adopted child of the employee's spouse; or
iv. Under the employee's legal guardianship, legal custody, or foster care.
Section 5. Return to Work/Light Duty. In the event a LEOFF 11 employee suffers an illness or injury
that prevents the employee from performing his or her full range of duties for a period in excess of two (2)
calendar weeks, the employer, at the discretion of the Chief of Police, may require the employee to return
to work on a light duty status.
(a) Work Assignments. A light duty status shall include work assignments within the Police
Department assigned by the Chief that the employee is released by his or her treating physician to
perform until a full release to return to work is authorized. See Article 20 for Physical Examination
Requirements.
(b) Rate of Pay/Required Duty. Employees on required light duty status shall be paid at one hundred
percent (100%) of their normal rate of pay.
ARTICLE 8 - Overtime
Section 1. Overtime Threshold and Rate. Except as otherwise provided herein, overtime work shall
include only that work performed by employees at the discretion of the Chief of Police or his designee,
which exceeds the standard number of hours in a work day or in a regular scheduled work shift. Paid sick
leave shall not be counted as hours worked for determining the daily overtime threshold. Except as
otherwise provided herein, overtime work shall be paid at the rate of one and one-half (1-112) times the
employee's "regular rate of pay" as that term is defined in the FLEA.
Section 2. Payment for Call-back, Court, and Training. In addition to the compensatory time benefit
provided in subsection 14.3 (b) for hours worked during a callback on certain holidays, overtime worked
due to callback that is not an extension at the beginning or end of a normal shift shall be paid a minimum
of three (3) hours at the overtime rate. Overtime due to court appearances requiring less than one (1) hour
of the employee's time, shall be paid two (2) hours at the employee's overtime rate. Otherwise, overtime
due to time in court shall be paid a minimum of three (3) hours at the overtime rate per twenty-four (24)
hour day, with additional hours worked paid on an hour for hour basis as required when an employee is
actually in the courtroom or required to be on-call prior to the giving of testimony. Provided, however,
such minimums are paid only when callback for court time is not an extension at the beginning or end of a
normal shift. If it is an extension of the shift, either at the beginning or the end, it shall be at the overtime
rate only for the actual time spent in court. In Service Training time (outside of a scheduled shift) shall be
paid at employee's straight time rate with a minimum of two (2) hours, unless such hours for an employee
are in excess of one hundred seventy-one (17 1) straight time hours in a twenty-eight (28) day work period,
in which case, any such time shall be paid at time and one-half. Provided, call-backs shall only last for the
period of time necessary for the resolution of the issue that occasioned the original call-back."
Section 3. Other Rules. The following additional rules for overtime shall be followed:
(a) Travel Time. Travel time to and from classes shall not be paid as compensable time unless
required by the FLEA. To the extent reasonably practical, the employer will continue to attempt to
adjust an employee's work shift to cover the time reasonably required for travel when the training
is more than fifty (50) miles from the City of Pasco.
(b) Sick Leave. Overtime shall not be allowed for class attendance while an employee is on sick leave
or disability leave.
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(c) Vacation Leave. Overtime shall not be allowed while an employee is on vacation leave, unless it
is for a court appearance.
(d) Military Leave. No overtime will be allowed an employee who is on military leave.
(e) Witness Fees. Witness fees paid to officers by the court shall be paid directly to the City of Pasco.
No officer shall collect both overtime pay and court pay for any court session attended; provided
that travel fees paid by any such court for travel by the officer to and from court, shall be excluded.
(f) Civil Payments. When civil witness fee payments of any kind are received for testimony required.
in any court case, it shall be the option of the employee to accept either the witness fee paid by the
non -city party or the city's paid overtime fee, pursuant to the provisions of this Agreement. In no
case shall an employee be entitled to overtime payment for testimony in a case where a civil
payment has been received.
Section 4. Compensatory Time Accrual. Employees shall be allowed to accumulate up to eighty (80)
hours of compensatory time off. Employees may elect to receive compensatory time off in lieu of cash
overtime in 112 hour increments up to the accrual maximum above with the exception of time worked on
grant funded and/or contract services which require actual cash payments to be made. One and one half
hour of compensatory time shall be accrued for each overtime hour worked.
Section 5. Compensatory Time Use: Absent mutual agreement otherwise, employee requests to utilize
compensatory time off shall be made five (5) days in advance. The City shall process the request to use
compensatory time within two (2) business days. Once approved, comp time cannot be cancelled by the
Department absent an emergency. When a request for the use of accrued compensatory time is received on
the same day as a request for the use of vacation time, the request for compensatory time shall take
precedence. However, previously approved vacation requests will not be cancelled to accommodate a
subsequently received comp time request. The City may, in its sole discretion, deny compensatory time off
in the following situations:
A. New Year's Eve, Cinco de Mayo Festival, Fourth of July Celebration, Fiery Foods Festival,
and Water Follies Weekend;
B. The Employer may deny compensatory time off requests if two employees on the same
shift have already been granted vacation or compensatory time off; or
C. In the event of an actual emergency.
Section G. Compensatory Time Annual Conversion: In December of each year, each employee must
elect to convert to vacation hours, or to receive compensation for, or a combination of conversion and
payment, any accrued but unused compensatory hours above forty (40) hours. The conversion request shall
be on a standardized form used for this purpose. Each employee's maximum vacation accumulation remains
as specified in Article 14 Section 1(b). The city shall, based upon each employee's request, either convert
to vacation hours or pay employees for accrued but unused compensatory hours over forty (40) hours during
the first full pay period in December each year. The value of accrued but unused compensatory hours for
payment purposes shall be determined by multiplying the number of hours to be paid by the employee's
regular rate of pay. An employee who does not submit a conversion form shall receive payment for all
accrued but unused compensatory hours above forty (40) hours. It is understood that an officer may not
exceed the maximum accrual of vacation hours for any reason including the conversion of compensatory
time hours.
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Section 7. Provided, the Department may in its sole discretion, permit more officers off on leave than the
minimums set forth herein.
ARTICLE 9 - Bereavement
In the event of a death in the immediate family of an employee, the employee shall be granted up to thirty
two hours (32) hours off with pay. Additional leave for such purpose may be taken and charged to other
earned leave upon authorization of the Police Chief. Documentation of the need for such leave may be
required by the city.
Immediate family for these purposes shall be defined as follows: spouse and children of the employee;
mother; father; brother; sister; and grandparents of the employee and those same family members of the
employee's spouse.
ARTICLE 10- Medical, Dental and Life Insurance
Section 1. Medical and Dental Insurance for Employees and Dependents. During the term of this
agreement, the following shall apply:
Effective January 1, 2016 employee premiums continue to be a 12% of the composite premium, with a cap
of 3.0% of the 3 6+ month officer pay step.
The City retains the right to maintain a self-insurance program or to select insurance carriers, for the purpose
of containing premium rate increases. The City agrees to provide a medical and dental insurance plan that
is at least substantially equivalent to the plans currently in effect.
i. Maintain a deductible in the medical insurance program of Two Hundred Dollars
($200) per person per calendar year to a maximum of Six Hundred Dollars ($600) per
covered family per calendar year.
ii. Maintain an Eighty/Twenty Percent (80%/20%) co-insurance which applies to all
covered medical and dental expenses incurred, with the exception of the first Five Hundred
Dollars ($500) of accident expenses, which will be covered One Hundred Percent (100%)
to Five Hundred Dollars ($500) and not subject to the deductible. Provided, the employer
may, at its discretion on or after January 1, 1998, eliminate the exceptions for accident
expenses from the co-insurance and deductible requirements, but only in the event the
employer effects such changes for all employee groups covered under the city's medical
insurance program.
iii. A maximum Twenty -Five Dollar ($25) deductible per person per calendar year on
dental to a maximum of Seventy -Five Dollars ($75) per covered family for Class 2 and
Class 3 dental expenses. The deductible will not apply to Class 1 dental expenses; i.e.
covered diagnostic and preventive care. This deductible shall be applied toward the Two
Hundred Dollar ($200) medical deductible. The maximum annual benefit for dental
expenses is One Thousand Five Hundred Dollars ($1500) per person.
Section 2. ''Vision Care. Employees and their dependents will participate in the City's vision plan with the
same terms, conditions, and premiums as are generally applicable at the City.
Section 3. Life Insurance. The city, for the term of this Agreement, shall continue to provide an employer -
paid plan with benefits increased to Fifteen Thousand Dollars ($15,000) of face value term insurance.
Section 4. Medical Trust. Effective January 1, 2017, the City shall contribute fifty dollars ($50.00) per
month on a pre-tax basis for all LEOFF II bargaining unit members to the 'Washington Fraternal Order of
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Police (FOP) Medical Trust. These contributions shall be included as salary for the purpose of calculating
retirement benefits.
The Union and the employees agree to hold the City harmless and indemnify the City from any and all
liability, claims, demands, law suits, and/or losses, damage, or injury to persons or property, of whatsoever
kind, arising from and in any way related to the implementation and administration of the Trust Fund. The
Union and employees shall be one hundred percent (100%) liable for any and all liabilities inclusive of any
federal, state, or local agency determination regarding any liabilities that arise out of the Trust Fund. The
Union and employees shall be liable for any and all tax penalties, as well as any other liabilities arising out
of the implementation and administration of the FOP trust.
Under no circumstances whatsoever will the City be liable for direct pay of any FOP benefit to the
employees and/or retired employees and/or their beneficiaries
ARTICLE 11- Hours of Work
Section 1. Duty Schedule. The City shall declare a standard forty -hour (40) duty week consisting of five
(5) consecutive days of eight (8) consecutive hours. It is expressly acknowledged that, during the term of
this agreement, an alternative duty schedule may be implemented by the mutual consent of the parties.
Such alternate schedule shall be detailed in a memorandum of understanding and include the terms and
conditions needed to effect such change in scheduling.
ARTICLE 12 - Clothing Allowance
Section I. Quartermaster System. The Employer shall provide, on an "as needed" basis, for each
employee, and continue to maintain for each employee on an "as needed" basis as recommended by the
employee's supervisor, the following minimum uniform, weapon, and leather gear issue:
(a) Uniform Items:
Shirts 3 long sleeve/3 short sleeve
Trousers 3 pair
Ties 2
Tie Bar
t
Soft Body Armor
I
Departmental Insignia or Rank Insignia
1
Shoulder Patches
7 pair
Badges (Shirt and Wallet)
2
Baseball type Hat
I
Short or Long Coat
I
Rain Jacket
I
Knit Dickie
I
Dress Jacket
1
Dress Hat
I
All Season Jacket
I
Utility Uniform (K-9)
2
Training Uniform
I
(b) Weapon Items and Equipment:
Handgun** I
Handgun Magazines 3
Chemical Irritant (OC)** I
Handcuffs 2 pairs
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Flashlight
Baton"
Portable Radio
(c) Leather or Synthetic Leather Gear Items:
Gun Belt (Velcro Type) * I
Gun Holster (Security Type) * 1
Gun Holster (Detective) I
Chemical Irritant Holder (OC) 1
Handcuff Case 2
Double Magazine Pouches I
Belt Keepers (for leather belt) I
Baton Holder I
Badge Holder (Detective) I
Single Magazine Pouch (Detective) 1
Key Holder I
Trouser Belts (Velcro Type) * 1
Radio Holder I
On a replacement basis for existing equipment
** Requires certification and/or mandatory training
Section 2. Replacement of Issued Items. Equipment and/or clothing that is lost, stolen, destroyed or
damaged in the line of duty and without neglect on the part of the employee will be replaced by the employer
without recrimination, cost, or charge to the employee. Clothing and equipment provided by the employer
shall be purchased and maintained with due regard to the employee's health and safety.
Section 3. Uniform Shoes/boots. Sboes/boots acceptable to the city shall be supplied as a uniform part.
Replacement shall be on an "as needed basis" (reasonably determined by the city), but no more than one
pair of shoes/boots per employee every year. Except, that shoes/boots ruined in an on -duty incident shall
be eligible for immediate replacement. The city's cost per pair of shoes/boots shall not exceed two hundred
dollars/year, plus tax and shipping costs (if any). The employee shall bear any excess costs for the
shoes/boots selected. Shoes/boots shall be for duty use only.
Section 4. Plain Clothes. For those employees required to wear plain clothes in the course of their assigned
duties (detectives), the employer will pay a semi-annual clothing allowance of Three Hundred Twenty-five
Dollars ($325) on the last paycheck of January and July of each year. The City will pay for the cleaning of
up to twelve (12) articles of clothing for each plain -clothes officer each month. "Articles of clothing"
means: sport coat or jacket, slacks, suits, necktie, dress shirt, blouse, skirt, scarf, dress and dress shoes.
ARTICLE 13 -Working Out Of Classification
Any employee covered by this Agreement working out of classification for more than five (5) continuous
working days shall be paid the rate of pay for the higher classification retroactively to the first full shift and
for each additional full shift. The out of classification rate paid to the employee will be based on the
difference in base pay of the two classifications.
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AR'T'ICLE 14 - Holidays and Vacations
Section 1. Vacations.
(a) 0-5yrs 6th yr 11th yr 16th yr 20' yr
8 Hr. days per year 13 16 19 21 25
Accrual per pay
eriod in hrs 4.0 hrs 4.92 hrs 5.85 hrs 6.46 hrs 7.69 hrs
Maximum Accrual 192hrs 240hrs 288hrs 321hrs 384hrs
(b) Accumulation of Vacation. Normally, employees will be required to take annual vacation. No
accrued vacation will be allowed in excess of two full years of earned vacation time. Time not
taken that causes accrual beyond two full years will be lost to the employee. Normally, employees
will not take more than one and one-half (1-112) years accumulation in any one year; however, the
City Manager may authorize longer leave in special cases.
(c) Vacation Cash -out. Employees entering their tenth (10') year of continuous service may convert
forty-eight (48) hours vacation into cash in December of each year, provided they have taken eighty
(80) hours of vacation during the year and have maintained satisfactory work performance as shown
in their annual performance evaluation.
(d) Probationary Employees. Probationary employees will earn vacation credit that shall be fully
credited to them upon becoming regular employees. Probationary employees will be able to use
up to twenty-four (24) hours of vacation leave during their remaining twelve (12) months of
probationary period upon graduation from the Police Academy.
Section 2. Floating Holiday. Each employee may select a day on which he desires to take one floating
holiday, subject to the following conditions:
i. The employee has been continuously employed by the city for more than six (6) months.
ii. The employee has given not less than fourteen (14) calendar days of written notice to his
immediate supervisor. The employee and supervisor may agree on an earlier date of
convenience.
iii. The supervisor has approved the date.
iv. The floating holiday must betaken during the calendar year or entitlement to the day will lapse;
except when an employee has made reasonable request for a personal holiday and the request
has been denied.
v. The employee will receive eight (8) hours of straight time pay for the holiday. The employee
may use accrued vacation time to supplement pay up to total regularly scheduled hours for that
day.
Section 3. Holidays. All ten (10) general holidays will be accrued as holiday time that the employee may
elect to use holiday hours upon accrual, convert to vacation days or cash -out at the straight time rate in
December, or any combination. The holiday time may not be "carried over" and the maximum vacation
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accumulation remains as specified in Section 1(b). Employees who work on a designated general holiday,
except as stated in Section 3 b. below, will be paid at the straight time rate unless other overtime provisions
apply.
Holiday
Christmas Day
New Year's Day
Martin Luther King's Birthday
President's Day
Memorial Day
Independence Day
Labor Day
Veteran's Day
Thanksgiving Day
Day after Thanksgiving
Date Accrued
December 25
January 1
Third Monday in January
Third Monday in February
Last Monday in May
July 4
First Monday in September
November I 1
Fourth Thursday in November
Fourth Friday in November
(a) All employees covered by this Agreement shall accrue eight (8) hours for each general holiday.
(b) Those employees who work New Year's Day, July 4th, Thanksgiving and Christmas as part of
their regular scheduled shift, shall be compensated at the overtime rate.
(c) In addition, those employees who are called back to work on the following holidays shall be
compensated for the actual hours worked at the overtime rate of pay: Christmas Day, July 4t",
Thanksgiving Day, and New Year's Day. Those employees shall also earn for each hour
actually worked, up to four (4) hours compensatory time off on an hour -for -hour basis (one
hour of compensatory time off for each hour worked).
(d) Upon separation from the department for any reason, any employee that has accumulated
holiday time shall be paid at the then prevailing rate of pay.
ARTICLE 15 - Wages
Section L 2416 Wages. 2% increase effective IS` full pay period January.
Section 2. 2017 Wages. 2% increase effective first full pay period of 2017
Section 3. 2018 Wages. First full pay period of 2018: 100% CPI -U, blc western cities; June/June. 24%
min -max.
Section 4. Wages for corporals and sergeants are to be established as follows:
Corporals 10% above top step officer wage
1 Styr. Sergeants 15%n above top step officer wage
2nd yr. Sergeants 20% above top step officer wage
Nate.' The differentials noted above will determine the actual rate of pay for corporals & sergeants, rather
than agreed upon percentage increases.
Section 5. Longevity. Effective IS' full pay period after ratification, longevity pay shall be computed on the
individual employee's hourly rate of pay for the following years of continuous service with the department:
Years of Service
After 10 years
After 15 years
After 20 years
After 25 years
Compensation
2% of base salary
3% of base salary
4% of base salary
5%® of base salary
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Section 6. Deferred Compensation. Effective sixty (60) days after ratification by Council 2016. Each
bargaining unit member shall be paid a deferred compensation contribution as provided below:
2016 — two percent (2%) of base hourly wage.
2017 —'/z percent (.5%) of base hourly wage (V full pay period January 2017).
This provision is subject to the City's deferred compensation rules and regulations adopted by the
City Council (consistent with collective bargaining responsibilities) and IRS regulations. The
computation of retirement contributions and pension benefits shall be governed by applicable state
law.
Section 7. Detectives. Detectives shall receive an additional two percent (2%) per month over their base
hourly wage. Detectives shall all carry their assigned pager or cellular phone when off duty and are
expected to answer if they receive a call. Each week, one Detective shall specifically be assigned "on-call"
and shall stay within range of their assigned pager or cellular phone and a thirty -minute response time to
the station or point of the emergency call out.
Section 8. Detective Sergeants. Detective Sergeants will receive an additional two percent (2%) per
month over their base hourly wage, to compensate for frequent off duty calls to assist department personnel
by providing instructions, guidance or decisions pertaining to developing or on-going investigations.
Section 9. Patrol Training Officers. Effective V full pay period after ratification, certified Patrol
Training Officers (PTO's) when assigned by the Chief of Police will receive an additional wage amounting
to four percent (4%) per hour of their base wage during the hours they are actively training `student officers'
(as defined by the PTO training manual).
Section 10. SWAT. 2% premium for SWAT members. The City reserves the exclusive right to determine
the number of positions on SWAT. Further, the City retains the exclusive right to remove any individual
from the SWAT team at any time for any reason without recourse or challenge.
Section 11. Certified Instructors. Effective V full pay period after ratification, certified instructors, as
assigned by the Chief, will receive an additional 5 percent (5%) base wage increase for the hours they are
actively instructing.
ARTICLE 16 a Police Academy Attendance
Section 1. Overtime. An employee at the Police Academy or other training facility, when required by the
City is subject to the provisions of Article 8 - Overtime and Article 11 - Hours of Work. No overtime will
be claimed unless mandated by the FLSA or state law. Travel time to and from the academy or other
training facility is not compensable time: unless required by the FLSA or approved by the Chief of Police.
Section 2. Transportation. The City shall determine the means of transportation for an employee to the
Police Academy or other training facility and pay the actual cost of transportation for the initial trip to the
academy location and the final return trip. If the employee's personal automobile is used as the means of
transportation, the city shall pay the employee the rate at which non -represented employees are reimbursed.
Any trips home during academy attendance, when required by the City shall be by means of transportation
determined by the City and the City will pay the cost thereof or mileage. No other transportation costs or
mileage will be paid by the City while an employee is attending the Academy.
Section 3. Allowance. The cost for all clothing and equipment required for Academy attendance and
physical education classes will be reimbursed by the City up to a maximum reimbursement of Two Hundred
and Nifty Dollars ($250). The required physical examination will be paid in full by the City.
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ARTICLE 17 - Savings Clause
Should any article, section or portion of this Agreement be held unlawful and unenforceable by final order
of any court of competent jurisdiction or administrative agency having jurisdiction over the subject matter,
or by legislation of the State of Washington or federal government, such decision or legislation shall apply
only to the specific article, section or portion thereof directly affected. Upon issuance of any such decision
or legislation, the parties agree immediately to negotiate a substitute, if possible, for the invalidated article,
section, or portion thereof. All other portions of this Agreement, and the Agreement as a whole, shall
continue without interruption for the term hereof.
ARTICLE 18 - Police Officers Career Development Plan
Section 1. Tuition Reimbursement. The City and the Association recognize the benefits brought to the
police function by increased educational levels. In an effort to increase members educational levels, the
City will reimburse an employee covered by this Agreement for tuition and required expenses (books, lab
fees) incurred by any employee taking college level course work when engaged in a continuing education
program offered by a nationally accredited educational institution in the areas of law enforcement, criminal
justice, public administration, or other police -related field of study approved by the City after considering
input from the Association. Approved courses may be either classroom or online based.
Tuition costs for approved courses shall not exceed the following:
1. For courses taken at an in-state (Washington) public educational institution, either at the actual
institution or via on-line courses, the tuition rate shall not exceed the actual in-state residential
tuition rate for that institution.
2. For courses taken at an in-state private educational institution or at any out of state educational
institution, either at the actual institution or via on-line courses, the tuition rate shall not exceed the
in-state residential tuition for Washington State University for similar coursework at the time of
the request.
Such reimbursement shall occur upon completion of the course according to the grade obtained as follows:
For an "A": 100%
For a "B": 75%
For a "C" 50%
For a "D" or failing grade no reimbursement
Section 2. Monthly Premium. Effective 1st full pay period after ratification, employees possessing an
Associate or Bachelors degree in a major field of study from a nationally accredited educational institution
prior to employment or obtaining a degree in an approved field of study after employment under the
provisions of Section I will receive for an education premium for compensable work in the following
amounts:
(a) Police Officer, Sergeants and Corporals:
Degree Level Achieved
AA (AS) 3%/mo.
BA (BS) 6%/mo.
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ARTICLE 19 - Bilingual Incentive
Effective 1 S' full pay period after ratification, any Association member who is fluent in Spanish or in another
foreign language (that is deemed useful to the City) shall have their base wages increased by three percent
(4%) per hour, such proficiency shall be reasonably determined by the City.
ARTICLE 20 - Physical Examination
Section 1. Required. When there is reasonable suspicion to believe that an employee cannot safely
perform the job functions of their position, the employee may be required, at the City's request and expense,
to take a physical examination for the purpose of determining whether or not the employee can perform the
job functions of their position as a condition of continued employment. Physical examinations will be taken
in a timely manner whether on or off duty. The City shall be entitled to a physician's report stating the
results of such examination, provided, however, the report to the employer shall be limited to results
concerning the employee's ability to perform their job functions. The Employee shall execute the Release
Form attached hereto as an appendix.
ARTICLE 21- K-9 Officer
Section 1. Off -Duty Time. It is agreed that on the average, a K-9 Officer spends approximately twenty
(20) minutes per day in compensable off-duty time for the duty -related care and maintenance of a dog, or
ten (10) hours per month.
Section 2. FLSA. Notwithstanding Section 1 of Article 18, a K-9 Officer's compensable off-duty time
spent in the care and maintenance of a K-9 shall not be subject to the daily and forty (40) hours per week
overtime thresholds. Such off-duty time shall be subject to the maximum number of hours that may be
worked during the Officer's twenty-eight (28) day work period under Section 207(k) of the FLSA.
Section 3. Payment. It is agreed that the K-9 officer will receive ten (10) hours of pay per month at the
regular rate of pay for duty -related care and maintenance of the dog. Such pay shall be included in the K-
9 Officer's payroll check issued for the second payroll each month in an amount based upon the ten (10)
hours per month average.
Section 4. Serious Illness or Injury. However, in the event a K-9 is ill or injured requiring multiple visits
to the veterinarian and/or extended home care by the K-9 Officer, the K-9 Officer shall be paid for actual
hours off duty caring for the dog at the hourly rate. The K-9 Officer must notify his Captain of any such
occurrence and turn in a daily time slip for the extra time. The employer reserves the right at any time to
remove a dog from service and relieve the K-9 Officer of responsibilities for off duty care of the dog.
ARTICLE 22 - Substance -Free Work. Place Policy
The Substance -Free Work Place Policy set forth in the City of Pasco Administrative Order currently number
65A originated August 28, 1992 is incorporated herein by this reference.
ARTICLE 23 - Federal Family and Medical Leave Act of 1993
Section 1. Administrative Order Number 231. Article II of Administrative Order Number 231, Family
and Medical Leave Act, originated November 22, 1993 setting forth the implementing procedures of the
FMLA by the City is incorporated by this reference herein as if specifically set forth.
Section 2. Notice Required. Employees are cautioned to be mindful of the thirty (30) day advance notice
requirement required by the law (FMLA) and the required use of the FMLA Leave Request Form when
unpaid family or medical leave is intended to be utilized.
Section 3. Conflict. The leave requirements otherwise made available to the employee throughout this
Agreement shall not be diminished by their coordination with the FMLA and any conflict between a
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provision of this Agreement and the Administrative Order No. 231 shall be resolved in favor of the language
of this Agreement.
ARTICLE 24 - Prevailing Rights
All prevailing rights and privileges held by the employees at the present time, which are not included in
this Agreement, and which do not conflict with any provision of this Agreement shall remain in full force
and effect.
ARTICLE 25 - Shift Bidding
Patrol officers will annually bid for shift assignments by seniority. Seniority will be determined as set forth
in Article 26 of this Agreement. Bidding will be supervised by the Chief of Police. Management will
endeavor to accommodate these requests, but retains the authority of the Chief of Police at his discretion
and for reasonable cause to make changes in shift assignments to meet the operational needs of the
department.
ARTICLE 26 - Layoffs
In the case of a personnel reduction within any classification, the employee with the least seniority shall be
laid off first. Seniority shall be determined by date of employment, provided, however, seniority for
employees in the sergeant and corporal classification shall be determined by time served in the rank or
classification. When two or more employees of the classification being reduced have the same date of
employment then they shall be laid off by inverse ranking off the civil service list from which they were
hired. A list shall be maintained by the Chief of Police, updated and posted, as new employees are hired
and existing employees leave city service. The affected employees shall be given four (4) weeks advance
notice of the effective date of any personnel reduction. Employees being laid off may choose to transfer to
a lower paying classification within the bargaining unit, provided that the employee meets the minimum
job qualifications for the position and providing the employee has more seniority than the employee
currently occupying the position in the lower classification.
ARTICLE 27 — Physical Fitness
The parties agree to cooperate in studying physical fitness incentive program options.
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Dated this day of 2016.
City of Pasco:
Dave Zabel]
City Manager
Pasco Police Officer's Association:
Adam Wright
President
ATTEST:
Debbie Clark
City Clerk
Jasen McClintock
2"d Vice President
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