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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, WILLAMETTE MERIDIAN, CITY OF PASCO, FRANKLIN COUNTY, WASHINGTON I N88° 55' 16"E 893.]4' I ss.w Tsow 4o.w ai92 re. ]B BLOCK g n 8 ei nie W e w e �• s, w µ w � min � �1 � icier $ saaz3ar $ seleais 3 sm5 � saiw 3 sloeis a. X 8 ,aass8 er COLUMBIA] PLACE PHASE 4 r&$ dkt – mn 3 �o �°i. -,.ss ____ __ YaVlILrtYFASaENr -- C,s sues a+ o NB 1t5Bs i ' 444 N' t'36 tf'e 444E TEKOA STREET m \ 22 B IS ,...w a sea ae se'E rosea \ __� $ ^+w9Y 1"7z B6zs �a$ &g xexxeeeeas°ssausI,4u44'5+,"Ezraszs�aL C_e=a"Eer Ia�� 8$R;eryIIIII l cI -I I �l- ,e'�,x�fxrvryw�.ssss.as�zEe,2iM,e2e4 Q. p 3 4w Sw mow COLUMBIA PLACE PHASE 2 BL6eE°8'EEEBwxw f6ea..xsua Yk7 SBB'S5'i6'W 82238' THREE RIVERS DRIVE a ' I Iw F��—.CIFAIILLAS �z3 4 5 6 iBLOCK ig g PHASE II BLOCKI LEGEND V m N •_ os�i �ax�A�HaxxM�rvrw�,.aBxerv�,�a a w �x�MoxrvMExrwHL ow ®w �iroNox.e rvo,EB m� —owArEOPoLxExor„fxaw�xo oas�r rMi M�e��o zuxE Er. ,avnurveas�lxr \\ \ 11 \\ \ 1 C, ex. 11—A.—T \ \ 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 I 2 TAMES S O � O v1 � W i FRO JECT LEW s L OCA TION WWTP 'A" ST ti coz U �1BlA �l V� WWTP - CAUSTIC SODA IMPROVEMENTS VICINITY MAP GID DWG; WWTP - CAUSTIC SODA IMPROVEMENTS , WE DT/25/2015 DPA*W SCALE: NONE SrAE NO SCALE 12 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 yyy/// yY t Page 25 of 112 VAW i"w 4 ! f r � r_• i well Page 27 of 112 omm" I VC - P a , 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 _ S ^ �3 RpN TIER _" V r I'TI I s. _ .rn. 'P -71 NkJ _-`' > SITE SG�p _w I.. �- S L._ m r r .., iio.iia isr 1 -- ESTS HPPA_RD - v K ►r' T, \ -` i r HIGHLAND .� s'"•1 �S �..� j11Z:T5.. ' rr �L� � ° � � :.T� iI� y.Z� PARK VIEW BLVD 0A� w.� Lu LU L e �_ e - » _CO`s L�LI= ,�LLJ '1� BRO?AY ADW Y BLVD — u - --. JAMES ST r I'TI I s. _ .rn. 'P -71 NkJ _-`' > SITE SG�p _w I.. �- S L._ m r r .., iio.iia isr 1 -- ESTS HPPA_RD - v K ►r' T, \ -` i r HIGHLAND .� s'"•1 �S �..� j11Z:T5.. ' rr �L� � ° � � :.T� iI� y.Z� PARK VIEW BLVD 0A� w.� Lu LU L e �_ e - » _CO`s L�LI= ,�LLJ '1� BRO?AY ADW Y BLVD — u - --. Item: Street Vacation - Nevada, Utah, Wyoming, e11. VicinityApplicant:Shriners Hospital WE Map File #: VAC 2016-009 IL _ S X` '�°.�_ �•� ` .rte -." .F iau..,� i 1 * 10'X 390' ✓o .a: r I� 10' X 360 10 X 390 41 if0 10 X 107 -_ 80'X 300, vm 5' A°' 7st� i�.�5.. � - "•� � 1 ;f , Qom' r � - .+/ C.. _ k SITEL a G� y w r- 10' X 300' v�o-0 S H EP SA `� � • � SPLA - ---� ; ,... Q+Y 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 S 10' X 390' 10' X 360' -10'X 390' o� 10' X 107' Z c) /80' X 300' m7- v� SITE I Isis: 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 Page 50 of 112 (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 Page 56 of 112 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 Page 58 of 112 Page 59 of 112 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. Page 62 of 112 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 KERR LAW GROUP 7025 WEST GRANDRIDGE BLVD., SUITEA KENNEWICK, WASHINGTON 99336 PHONE (509) 735-1542 j63of112 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. CONSENT DECREE - 2 KERR LAW GROUP 7025 WEST GRANDRIDGE BLVD., SUITEA KENNEWICK, WASHINGTON 99336 PHONE (509) 735-1542 34 of 112 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 P#A 23 PZII§ 25 26 27 28 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 CONSENT DECREE - 3 KERR LAW GROUP 7025 WEST GRANDRIDGE BLVD., SUITEA KENNEWICK, WASHINGTON 99336 PHONE (509) 735-1542 35 of 112 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 KERR LAW GROUP 7025 WEST GRANDRIDGE BLVD., SUITEA KENNEWICK, WASHINGTON 99336 PHONE (509) 735-1542 PagE J66of112 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 "(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 KERR LAW GROUP 7025 WEST GRANDRIDGE BLVD., SUITEA KENNEWICK, WASHINGTON 99336 PHONE (509) 735-1542 67 of 112 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. KERR LAW GROUP CONSENT DECREE - 6 7025 WEST GRANDRIDGE BLVD., SUITEA KENNEWICK, WASHINGTON 99336 PHONE (509) 735-1542 PagE J68of112 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 KERR LAW GROUP CONSENT DECREE - 7 7025 WEST GRANDRIDGE BLVD., SUITEA KENNEWICK, WASHINGTON 99336 PHONE (509) 735-1542 PagE J69of112 l 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 "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 CONSENT DECREE - 8 KERR LAW GROUP 7025 WEST GRANDRIDGE BLVD., SUITEA KENNEWICK, WASHINGTON 99336 PHONE (509) 735-1542 70 of 112 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. CONSENT DECREE - 9 KERR LAW GROUP 7025 WEST GRANDRIDGE BLVD., SUITEA KENNEWICK, WASHINGTON 99336 PHONE (509) 735-1542 71 of 112 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 KERR LAW GROUP CONSENT DECREE - 10 7025 WEST GRANDRIDGE BLVD., SUITEA KENNEWICK, WASHINGTON 99336 PHONE (509) 735-1542 PagE J72of112 1 2 3 4 5 6 7 8 9 10 1l 12 13 fEM 15 16 17 18 19 20 21 22 23 24 25 26 27 MA 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 CONSENT DECREE - 11 KERR LAW GROUP 7025 WEST GRANDRIDGE BLVD., SUITEA KENNEWICK, WASHINGTON 99336 PHONE (509) 735-1542 r3 of 112 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. CONSENT DECREE - 12 KERR LAW GROUP 7025 WEST GRANDRIDGE BLVD., SUITEA KENNEWICK, WASHINGTON 99336 PHONE (509) 735-1542 PagE j74of112 1 2 3 4 5 6 7 8 9 10 11 IRA 13 fEM 15 16 17 18 19 20 21 22 23 24 25 26 27 MA 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, KERR LAW GROUP CONSENT DECREE - 13 7025 WEST GRANDRIDGE BLVD., SUITEA KENNEWICK, WASHINGTON 99336 PHONE (509) 735-1542 PagE J75of112 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 76 of 112 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Case 4:16-cv-05108 Document 1 Filed 08/04/16 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 Page I 1 AMERICAN CIVIL LIBERTIES UNION OF WASHINGTON FOUNDATION 901 Fifth Ave, Suite 630 Seattle, WA 98164 (206)624-2184 Pag 77of112 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Case 4:16-cv-05108 Document 1 Filed 08/04/16 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 �78of112 AMERICAN s CIVIL COMPLAINT FOR INJUNCTIVE AND o DECLARATORY RELIEF FOUNDATION I°N Page Ave, Suite 30 901Seattle 12 WA 98164 (206)624-2184 �78of112 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Case 4:16-cv-05108 Document 1 Filed 08/04/16 "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. Paab 79 of 112 AMERICAN s CIVIL COMPLAINT FOR INJUNCTIVE AND o DECLARATORY RELIEF FOUNDATION Page 3 901 Fifth Ave, Suite 630 Ave, � Seattle, WA 98164 (206)624-2184 Paab 79 of 112 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Case 4:16-cv-05108 Document 1 Filed 08/04/16 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. �80of112 AMERICAN s CIVIL COMPLAINT FOR INJUNCTIVE AND o DECLARATORY RELIEF FOUNDATION I°N Page Ave, Suite 30 901Seattle 14 WA 98164 (206)624-2184 �80of112 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Case 4:16-cv-05108 Document 1 Filed 08/04/16 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 AMERICAN s COMPLAINT FOR INJUNCTIVE AND o DECLARATORY RELIEF FOUNDATION I°N Page Ave, Suite 30 901Seattle 15 WA 98164 (206)624-2184 81 of 112 1 2 3 4 24. 5 6 25 7 8 9 10 11 12 26 13 14 15 16 27 17 18 19 I Case 4:16-cv-05108 Document 1 Filed 08/04/16 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 Page 16 AMERICAN CIVIL LIBERTIES UNION OF WASHINGTON FOUNDATION 901 Fifth Ave, Suite 630 Seattle, WA 98164 (206)624-2184 Pag .82of112 1 2 3 4 5 6 29 7 8 9 10 11 12 30 13 14 31 15 16 17 18 19 Case 4:16-cv-05108 Document 1 Filed 08/04/16 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 Page 17 AMERICAN CIVIL LIBERTIES UNION OF WASHINGTON FOUNDATION 901 Fifth Ave, Suite 630 Seattle, WA 98164 (206)624-2184 Pag .83of112 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Case 4:16-cv-05108 Document 1 Filed 08/04/16 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 Pag 84of112 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Case 4:16-cv-05108 Document 1 Filed 08/04/16 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 Page 19 AMERICAN CIVIL LIBERTIES UNION OF WASHINGTON FOUNDATION 901 Fifth Ave, Suite 630 Seattle, WA 98164 (206)624-2184 Pag .85of112 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Case 4:16-cv-05108 Document 1 Filed 08/04/16 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 Page 110 AMERICAN CIVIL LIBERTIES UNION OF WASHINGTON FOUNDATION 901 Fifth Ave, Suite 630 Seattle, WA 98164 (206)624-2184 Pag .86of112 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 2016-2018 Collective Bargaining Agreement between the City of Pasco and The Pasco Police Officer's Association Uniformed Employees—page ii Page 93 of 112 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 2016-2018 Collective Bargaining Agreement between the City of Pasco and The Pasco Police Officer's Association Uniformed Employees — page iii Page 94 of 112 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. 2016. — 2018 Collective Bargaining Agreement between City of Pasco and The Pasco Police Officer's Association Uniformed Employees - Page i Page 95 of 112 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. 2016 — 2018 Collective Bargaining Agreement between City of Pasco and The Pasco Police Officer's Association Uniformed Employees - Page 2 Page 96 of 112 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. 2016 — 2018 Collective Bargaining Agreement between City of Pasco and The Pasco Police Officer's Association Uniformed Employees - Page 3 Page 97 of 112 (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. 2016 — 2018 Collective Bargaining Agreement between City of Pasco and The Pasco Police Officer's Association Uniformed Employees - Page 4 Page 98 of 112 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 2016 — 2018 Collective Bargaining Agreement between City of Pasco and The Pasco Police Officer's Association Uniformed Employees - Page 5 Page 99 of 112 (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. 2016 — 2018 Collective Bargaining Agreement between City of Pasco and The Pasco Police Officer's Association Uniformed Employees - Page 6 Page 100 of 112 (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. 2016 a 2018 Collective Bargaining Agreement between City of Pasco and The Pasco Police Officer's Association Uniformed Employees - Page 7 Page 101 of 112 (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. 2016 — 2018 Collective Bargaining Agreement between City of Pasco and The Pasco Police Officer's Association Uniformed Employees - Page 8 Page 102 of 112 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 2016 — 2018 Collective Bargaining Agreement between City of Pasco and The Pasco Police Officer's Association Uniformed Employees - Page 9 Page 103 of 112 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 2016 — 2018 Collective Bargaining Agreement between City of Pasco and The Pasco Police Officer's Association Uniformed Employees - Page 10 Page 104 of 112 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. 2016 — 2018 Collective Bargaining Agreement between City of Pasco and The Pasco Police Officer's Association Uniformed Employees - Page 11 Page 105 of 112 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 2016 — 2018 Collective Bargaining Agreement between City of Pasco and The Pasco Police Officer's Association Uniformed Employees - Page 12 Page 106 of 112 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 2016 — 2018 Collective Bargaining Agreement between City of Pasco and The Pasco Police Officer's Association Uniformed Employees - Page 13 Page 107 of 112 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. 2016 — 2018 Collective Bargaining Agreement between City of Pasco and The Pasco Police Officer's Association Uniformed Employees - Page 14 Page 108 of 112 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. 2016 — 2018 Collective Bargaining Agreement between City of Pasco and The Pasco Police Officer's Association Uniformed Employees - Page 15 Page 109 of 112 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 2016 — 2018 Collective Bargaining Agreement between City of Pasco and The Pasco Police Officer's Association Uniformed Employees - Page 16 Page 110 of 112 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. 2016 — 2018 Collective Bargaining Agreement between City of Pasco and The Pasco Police Officer's Association Uniformed Employees - Page 17 Page 111 of 112 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 2016 — 2018 Collective Bargaining Agreement between City of Pasco and The Pasco Police Officer's Association Uniformed Employees - Page 18 Page 112 of 112