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HomeMy WebLinkAbout2017.03.13 Council Workshop PacketWorkshop Meeting AGENDA PASCO CITY COUNCIL 7:00 p.m. March 13, 2017 Page 1. CALL TO ORDER: 2. ROLL CALL: (a) Pledge of Allegiance 3. VERBAL REPORTS FROM COUNCILMEMBERS: 4. ITEMS FOR DISCUSSION: 3 - 7 (a) Presentation of Visit Tri-Cities Annual Report and Tourism Promotion Area Reserve Fund Request 8 - 12 (b) Final Acceptance: 2015 Overlays 13 - 17 (c) Bid Award: N. 20th Avenue Safety Improvements 18 - 21 (d) Professional Services Agreement Amendment No. 1 - Murray, Smith and Associates for the Near Term Wastewater Treatment Plant Industrial Impacts Assessment and Improvements 22 - 23 (e) Sign Code Updates (MF# CA 2017-002) 24 - 29 (f) Amendment to PMC Title 9 "Unauthorized Camping" 30 - 32 (g) Appointment Terms of the Code Enforcement Board 33 - 37 (h) Boards & Commissions Attendance Policy 5. MISCELLANEOUS COUNCIL DISCUSSION: 6. EXECUTIVE SESSION: 7. ADJOURNMENT. Page 1 of 37 Workshop Meeting March 13, 2017 REMINDERS:  11:45 a.m., Monday, March 13, Pasco Red Lion – Pasco Chamber of Commerce Membership Luncheon. (Pasco School District “Celebrating STEM in our Schools” Student Show-n-Tell)  4:00 p.m., Thursday, March 16, 7130 W. Grandridge – Tri-Cities National Park Committee Meeting. (MAYOR MATT WATKINS)  11:30 a.m., Friday, March 17, 107 E. Columbia Drive – Benton-Franklin Council of Governments Board Meeting. (MAYOR MATT WATKINS, Rep.; COUNCILMEMBER REBECCA FRANCIK, Alt.) This meeting is broadcast live on PSC-TV Channel 191 on Charter Cable and streamed at www.pasco-wa.gov/psctvlive. Audio equipment available for the hearing impaired; contact the Clerk for assistance. Page 2 of 37 AGENDA REPORT FOR: City Council March 7, 2017 TO: Dave Zabell, City Manager Workshop Meeting: 3/13/17 FROM: Stan Strebel, Deputy City Manager Executive SUBJECT: Presentation of Visit Tri-Cities Annual Report and Tourism Promotion Area Reserve Fund Request I. REFERENCE(S): Letter from Visit Tri-Cities dated February 27, 2017 II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Discussion III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: Visit Tri-Cities provides an annual report for the prior year plus an outline of the current year work plan. Kris Watkins, President and CEO will present the reports as well as the request for approval to spend from the Tourism Promotion Area (TPA) Reserve Account. The TPA was formed in late 2004 to generate and administer the proceeds of a "per room night assessment" on hotels/motels in the Tri-Cities, imposed by the hotels themselves. The interlocal agreement (between Pasco, Kennewick and Richland) that created the TPA requires the annual budget, and any expenditures from the TPA reserve account, to be first approved by the City Council. V. DISCUSSION: The TPA "assessment" is remitted by the hotels to the state which, in turn, distributes it to the City in which it was collected. The City is obligated to pass the funds to the TPA, for use in accordance with the approved budget. Page 3 of 37 The TPA Commission has voted unanimously to request an additional $160,000 in special project expenditures for 2017 from the reserve account for the following: • Advertising - $15,000 • Digital Advertising - $90,000 • Television Advertising - $20,000 • Promotions - $35,000 Council should approve the additional allocations of the reserve account or indicate changes necessary to gain approval. Page 4 of 37 P.O. Box 2241 Tri-Cities, WA 99302-2241 509-735-8486 1-800-254-5824 www.VisitTRI-CITIES.com info@VisitTRI-CITIES.com February 27, 2017 Mr. Dave Zabell City of Pasco P.O. Box 293 Pasco, WA 99301 Dear Mr. Zabell: Thank you for the opportunity to present the Visit TRI-CITIES 2016 Annual Report, 2017 Work Plan and to make a request to utilize Tourism Promotion Area reserve funds to the Pasco City Council on Monday, March 13, 2017. On behalf of the Tri-City Regional Hotel-Motel Commission, Visit TRI-CITIES would like to request the transfer of $160,000 from Tourism Promotion Area Reserve Account to be used for supplemental tourism related projects this year. We prepare the Tourism Promotion Area (TPA) budget in July of each year for the following calendar year. As is the case with most every budget process, there are always more worthy projects to be considered than funds to support them. We manage our resources carefully to ensure our expenses never exceed our projected income and we budget conservatively. As a result, the TPA Commissioners have identified $275,000 in funds available for reinvestment in tourism related projects over the next two years. The funds available for project investment are in addition to the minimum reserve requirement of $300,000, the amount set based on the recommendation of the City Managers who participate in at Commission meetings as Ex- Officios. It is the Commission’s position that once the reserve account reaches this level, that any additional funds should actively be used to promote the Tri-Cities as a destination; creating increased visitor spending in the community. The projects under consideration accomplishes that goal. Given that the balance of the Tourism Promotion Area Reserve Account exceeds the acceptable level of $300,000; the Commissioners of the Tri-City Regional Hotel-Motel Commission have voted in favor of re-investing the surplus revenues, in the amount of $160,000 that will help tourism related projects including digital, print and television advertising and promotions to increase leisure travel stays and secure new conventions and sports tournaments. A summary of the projects and the associated expenditures is attached for your review. Again, thank you for your consideration and support of the tourism industry. I am available for any questions or comments you may have. Sincerely, Kris Watkins President and CEO Enclosure Page 5 of 37 P.O. Box 2241 Tri-Cities, WA 99302-2241 509-735-8486 1-800-254-5824 www.VisitTRI-CITIES.com info@VisitTRI-CITIES.com 1 Tri-City Hotel-Motel Commission Tourism Reserve Balance Request The TPA Commissioners have unanimously voted to request $160,000 from the reserve account for the following future projects. Advertising 1. Traditional Print Advertising Pedal Washington Pedal Washington targets bike enthusiasts and has a distribution of 17,000. Full pages advertisements are $2,000 and can be placed in the summer and fall issues. $4,000 Meetings Today Meetings Today targets meeting planners both regionally and nationwide. We will place ads in the Meetings in Wine Country issue and the fall DMO issue. $5,500 Seattle Magazine Seattle Magazine is a lifestyle magazine targeted to Puget Sound area residents, we will add to our regular budgeted insertions in issues that cover wine country and outdoor recreation. $5,500 2. Digital Advertising Trip Advisor We currently have a campaign running from February 1 through March 31 with placement on Walla Walla, Yakima, Woodinville, Chelan, Spokane, Coeur d’Alene, etc. We will supplement the campaigns currently running February- March adding six months (April, May, June, August, September October). $21,000 Facebook/Instagram Banner Ads These can either be run targeting a specific market or just as a “Quality o f life” in the Tri- Cities message. To run April through October split between wine, leisure packages and cycling. $21,000 C-Vent C-Vent offers video advertising targeted to its membership. Pricing is based on views and you pay each time a viewer watches a minimum of 30 seconds of the promo. $10,000 Connect Sports Increased sponsorship for the August 2017 convention which allows for e-blasts and push notifications to attendees during the conference. $10,000 Page 6 of 37 2 Tri-City Regional Hotel-Motel Commission Tourism Reserve Balance Requests WA Bikes and Cascade Bicycle Club WA Bikes and Cascade Bicycle Club have merged and have an electronic distribution of 100,000 bike enthusiasts. Social media and e-blast advertisements would be placed in the Spring and Fall. $5,000 Digital Advertising (General) - $23,000  Video Impressions  Site Re-Targeting  Search Re-Targeting  Keyword Targeting 3. Television Advertising Television Advertising We currently run six-week long television ad campaigns in the spring and fall in Seattle, Portland, Boise, Spokane. We will extend the current campaigns and have a lesser but constant presence in the summer months. $20,000 Promotions 1. Value Added Packages: Free Wine in the Tri-Cities Stay two nights and receive a voucher for $40 at a local wine bar. The fees would be split similar to what is outlined above for golf. $12,500 3. Value Added Packages: Free Food in the Tri-Cities Targeted to bike enthusiasts who travel, stay two nights and get a $40 gift certificate to a locally owned restaurant. Similar to golf above. $12,500 4. Meeting Planner Familiarization (Fam) Tour Bonus Visit TRI-CITIES currently hosts meeting planners for Fam tours which include overnight accommodations and meals. This promotion would encourage qualified meeting planners to bring a guest, enjoy a hosted weekend getaway in addition to a customized tour of hotels, venues and attractions based on event needs. The increase cost for 2 nights stay, activity (golf, spa or cruise) plus dinners could cost as much as $500 per Fam. Our goal is to host 20 of these Fam tours. $10,000 TOTAL TPA Reserve Request = $160,000 Page 7 of 37 AGENDA REPORT FOR: City Council March 3, 2017 TO: Dave Zabell, City Manager Rick Terway, Interim Public Works Director Workshop Meeting: 3/13/17 FROM: Dan Ford, City Engineer Public Works SUBJECT: Final Acceptance: 2015 Overlays I. REFERENCE(S): Vicinity Maps Resolution II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Discussion III. FISCAL IMPACT: Street Overlay Fund - $330,464 (Argent Road) Capital Improvement Fund - $197,774 (Softball Fields Lot) General Fund - $63,663.32 (City Hall Parking Lot) IV. HISTORY AND FACTS BRIEF: As part of the City's Pavement Management Program, the City utilizes a number of best management practices to extend the life of the roadway. Once the roadway is at or near the end of its life, an overlay process is implemented using new asphalt to start the lift cycle over. The project involved the installation of hot mix asphalt, planing bituminous pavement and striping on Argent Road from Road 68 to Road 48, the softball fields parking lot near GESA Stadium, and the City Hall parking lot. The project was advertised and bid in February of 2015 with the lowest bidder being Central Washington Asphalt, Inc. (CWA), with the total bid amount of $588,440.50. The total bid broke down with $324,328 being for Argent Road area, $203,477.50 for the softball fields parking lot, and $60,635 for the City Hall parking lot. On March 16, Page 8 of 37 2015, Council awarded this 2015 Overlays project to CWA. In August of 2015, City and CWA mutually agreed to suspend the City Hall parking lot portion of the project due to construction of the new Police Station building. The existing parking lot was being partially utilized and was fenced off. It was decided to be in the benefit of the public to wait until the Police Station building was completed to overlay the parking lot for best results. As that time came in November of 2016, CWA resumed work and completed the project by overlaying the City Hall parking lot. All punch list items and payments have been resolved. V. DISCUSSION: The project was successfully completed within the allotted contract time and the work meets project specifications. The final project construction contract totaled $591,900.37. This final cost equates to an increase of less than 1% over the bid amount, which is due some changed conditions in the field. Staff recommends Council's acceptance of this work. Page 9 of 37 CITY OF PASCO 2015 OVERLAYS VICINITY MAP L _____ _ ~ tm ~ 1 1 ~ 1 I IL/~~~~ep?l"1 '~ :;a;~ PRoJEcT LocATioN \0 L I I ~ • I J I <1 I laii --·-~ I •• I I I :. I ,~ '~ ,, I I L _Jil--l---+-----J----+- P a g e 1 0 o f 3 7 OlD DIIC: om: 2/IJ/2015 DRAWN BY: SCAlE 1(/A CITY OF PASCO MJ-OV-BR-15-15 SOFTBALL FIELDS PARKING LOT AND CITY HALL PARKING LOT OVERLAYS 2015 I r 1.~. / ~ _, 1 ~ 1 ~-C -~. rl ! ' L...-~-~~f-~"-~ ALTERNATE 5 {J!i"?. ~· ~ <.fW>U Tfill ;ll~-IJ .!..~~ '~/Ef:') . /;If' <:>"..::__ VICINITY MAP N TS Page 11 of 37 RESOLUTION NO. _______ A RESOLUTION ACCEPTING WORK PERFORMED BY CENTRAL WASHINGTON ASPHALT, INC., UNDER CONTRACT FOR THE 2015 OVERLAYS PROJECT. WHEREAS, the work performed by Central Washington Asphalt, Inc., under contract for the 2015 Overlays 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 [Central Washington Asphalt, Inc., under contract for the 2015 Overlays 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 Director. PASSED by the City Council of the City of Pasco this __20th__ day of March, 2017. _____________________________ Matt Watkins Mayor ATTEST:APPROVED AS TO FORM: _______________________________________________________ Sandy Kenworthy Leland B. Kerr Interim City Clerk City Attorney Page 12 of 37 AGENDA REPORT FOR: City Council March 3, 2017 TO: Dave Zabell, City Manager Rick Terway, Interim Public Works Director Workshop Meeting: 3/13/17 FROM: Dan Ford, City Engineer Public Works SUBJECT: Bid Award: N. 20th Avenue Safety Improvements I. REFERENCE(S): Vicinity Map Bid Tabulation II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Discussion III. FISCAL IMPACT: $1,164,880 - Highway Safety Improvement Program (HSIP) federal grant $ 856,150 - Surface Transportation Program (STP) federal grant $ 150,000 - Traffic Impact Fees Fund, for local match grant requirements $2,171,030 - Total Total 2017 expenditure amount authorized in the 2017 adopted budget (Ordinance No. 4318) is $2,221,000. IV. HISTORY AND FACTS BRIEF: The project limits span the 20th Avenue corridor from Lewis Street to Sun Willows Boulevard. This project includes traffic and pedestrian signal upgrades, as well as ADA improvements at Lewis Street, Sylvester Street, Henry Street, Court Street, Pearl Street, and Sun Willows Boulevard intersections. The project also widens a narrow section of the roadway in the vicinity of the recently removed pedestrian bridge near Robert Frost Elementary. It also includes installation of pedestrian hybrid beacons near Marie Street and Robert Frost Elementary, as well as access management improvements near Lewis Street and Court Street, all with a common goal to remove potential hazards for both vehicular and pedestrian traffic, while improving the overall Page 13 of 37 safety of the corridor. This project also involves improvements at I-182 on/off ramps that will involve coordination with Washington State Department of Transportation. Notice of bid opportunity was published in the Tri-City Herald on February 5, 12, and 19, 2017. V. DISCUSSION: On February 28, 2017, the City received two (2) bids for the project. The lowest bid was from Moreno & Nelson Construction, Corp., in the amount of $2,002,384.50. The Engineer's Estimate was $1,798,264.00, which did not include contingencies taken into consideration for total project budget approved by Council. This project is included in the City's 2017-2022 Capital Improvements Plan and is budgeted for in 2017. Construction phase will be completed using Highway Safety Improvement Program (HSIP) grant funds ($1,164,880) and Surface Transportation Program (STP) grant funds ($856,150), as well as $150,000 local funds for grant match requirements. After award of the contract, the starting date of construction will be coordinated with the contractor. The project includes 105 working days for completion. Staff has reviewed the bid submittal and found no exceptions or irregularities and, therefore, recommends award of the contract to Moreno & Nelson Construction, Corp., of Walla Walla, Washington. Page 14 of 37 COURT ST PEARL ST 5 T H A V E 4T H A V E 14 T H A V E SYLVESTER STUS - 3 9 5 LE W I S S T "A" ST 20 T H A V E 10 T H A V E R A I L R O A D A V E I-182 COLUMBIA BASIN COLLEGE SUN WILLOWS BLVD TRI-CITIES AIRPORT HENRY ST MARIE ST YAKIMA ST Page 15 of 37 CO M P E T I T I V E B I D S W E R E O P E N E D O N F E B R U A R Y 2 8 , 2 0 1 7 . AL L B I D S H A V E B E E N R E V I E W E D B Y T H I S O F F I C E . I R E C O M M E N D T H E C O N T R A C T B E A W A R D E D T O : DA T E C I T Y E N G I N E E R D A T E P U B L I C W O R K S D I R E C T O R AP P R O V A L B Y P U B L I C W O R K S D I R E C T O R FILE: BID DATE: FEBRUARY 28, 2017 20th Ave Safety Improvements Bid Summary.pub SHEET of 1 2 Mo r e n o & N e l s o n C o n s t r u c t i o n , Co r p . Contract No.: CP5-ST-3A-14-06 Fed. Aid No.: HSIP-3551(004) CI T Y E N G I N E E R S R E P O R T CITY OF PASCO N. 20th Ave Safety Improvements Project No. 14006 BI D S U M M A R Y Moreno & Nelson N. 2 0 t h A v e S a f e t y I m p r o v e m e n t s EN G I N E E R ' S E S T I M A T E Construction, Corp. Award Construction, Inc. Pr o j e c t N o . 1 4 0 0 6 Walla Walla, WA Ferndale, WA Ci t y C o n t r a c t N u m b e r : C P 5 - S T - 3 A - 1 4 - 0 6 F e d . A i d N o . : H S I P - 3 5 5 1 ( 0 0 4 ) It e m Bi d S e c u r i t y 5% Bid Bond 5% Bid Bond No . IT E M Q T Y U N I T UN I T P R I C E A M O U N T UNIT PRICE AMOUNT UNIT PRICE AMOUNT 1 M o b i l i z a t i o n 1 L S $1 4 0 , 0 0 0 . 0 0 $ 1 4 0 , 0 0 0 . 0 0 $109,000.00 $109,000.00 $151,000.00 $151,000.00 2 C l e a r i n g a n d G r u b b i n g 1 L S $1 2 , 0 0 0 . 0 0 $ 1 2 , 0 0 0 . 0 0 $21,000.00 $21,000.00 $8,000.00 $8,000.00 3 R e m o v a l o f S t r u c t u r e s a n d O b s t r u c t i o n s 1 L S $5 9 , 2 0 0 . 0 0 $ 5 9 , 2 0 0 . 0 0 $84,000.00 $84,000.00 $100,000.00 $100,000.00 4 R e m o v i n g P a i n t L i n e 3 2 0 0 L F $0 . 5 0 $ 1 , 6 0 0 . 0 0 $0.65 $2,080.00 $0.65 $2,080.00 5 R e m o v i n g P l a s t i c L i n e 1 3 2 0 L F $1 . 0 0 $ 1 , 3 2 0 . 0 0 $0.87 $1,148.40 $0.85 $1,122.00 6 R e m o v i n g P l a s t i c T r a f f i c M a r k i n g 2 1 E A $1 0 0 . 0 0 $ 2 , 1 0 0 . 0 0 $160.00 $3,360.00 $170.00 $3,570.00 7 R e m o v i n g P l a s t i c C r o s s w a l k L i n e 3 6 3 0 S F $3 . 0 0 $ 1 0 , 8 9 0 . 0 0 $1.83 $6,642.90 $2.00 $7,260.00 8 R e m o v i n g C h a i n L i n k F e n c e 5 4 5 L F $4 . 0 0 $ 2 , 1 8 0 . 0 0 $11.00 $5,995.00 $4.50 $2,452.50 9 R e m o v e a n d R e p l a c e C a t c h B a s i n 3 E A $2 , 1 0 0 . 0 0 $ 6 , 3 0 0 . 0 0 $2,200.00 $6,600.00 $2,000.00 $6,000.00 10 C r u s h e d S u r f a c i n g B a s e C o u r s e ( 8 " ) 2 1 4 0 S Y $1 5 . 0 0 $ 3 2 , 1 0 0 . 0 0 $23.00 $49,220.00 $16.25 $34,775.00 11 C r u s h e d S u r f a c i n g T o p C o u r s e ( 2 " ) 2 1 4 0 S Y $7 . 0 0 $ 1 4 , 9 8 0 . 0 0 $14.10 $30,174.00 $6.60 $14,124.00 12 H M A C l . 1 / 2 I n . P G 6 4 - 2 8 ( 3 " ) 2 2 0 0 S Y $2 5 . 0 0 $ 5 5 , 0 0 0 . 0 0 $37.05 $81,510.00 $38.15 $83,930.00 13 R e m o v e a n d R e p l a c e T r e e 1 L S $5 , 0 0 0 . 0 0 $ 5 , 0 0 0 . 0 0 $800.00 $800.00 $1,800.00 $1,800.00 14 L a n d s c a p e R e p a i r 1 L S $2 7 , 5 0 0 . 0 0 $ 2 7 , 5 0 0 . 0 0 $14,800.00 $14,800.00 $8,500.00 $8,500.00 15 I r r i g a t i o n S y s t e m 1 L S $3 , 0 0 0 . 0 0 $ 3 , 0 0 0 . 0 0 $5,000.00 $5,000.00 $20,000.00 $20,000.00 16 I n l e t P r o t e c t i o n 24 E A $1 0 0 . 0 0 $ 2 , 4 0 0 . 0 0 $90.00 $2,160.00 $80.00 $1,920.00 17 C e m e n t C o n c . T r a f f i c C u r b a n d G u t t e r 2 0 3 0 L F $2 5 . 0 0 $ 5 0 , 7 5 0 . 0 0 $41.00 $83,230.00 $47.50 $96,425.00 18 C e m e n t C o n c . T r a f f i c C u r b 2 7 0 L F $2 0 . 0 0 $ 5 , 4 0 0 . 0 0 $38.10 $10,287.00 $47.50 $12,825.00 19 D u a l - F a c e d C e m e n t C o n c . T r a f f i c C u r b 9 2 0 L F $4 0 . 0 0 $ 3 6 , 8 0 0 . 0 0 $43.67 $40,176.40 $46.50 $42,780.00 20 P a i n t L i n e 25 0 0 L F $0 . 2 5 $ 6 2 5 . 0 0 $0.80 $2,000.00 $0.85 $2,125.00 21 P l a s t i c W i d e L a n e L i n e 8 0 0 L F $2 . 0 0 $ 1 , 6 0 0 . 0 0 $2.40 $1,920.00 $2.50 $2,000.00 22 P l a s t i c C r o s s w a l k L i n e 4 1 1 0 S F $1 0 . 0 0 $ 4 1 , 1 0 0 . 0 0 $7.20 $29,592.00 $7.90 $32,469.00 23 P l a s t i c S t o p L i n e 9 7 0 L F $1 0 . 0 0 $ 9 , 7 0 0 . 0 0 $6.73 $6,528.10 $7.50 $7,275.00 24 P l a s t i c T r a f f i c A r r o w 1 9 E A $1 5 0 . 0 0 $ 2 , 8 5 0 . 0 0 $183.00 $3,477.00 $200.00 $3,800.00 25 P l a s t i c T r a f f i c L e t t e r 1 6 E A $1 2 5 . 0 0 $ 2 , 0 0 0 . 0 0 $107.00 $1,712.00 $110.00 $1,760.00 26 P e r m a n e n t S i g n i n g 1 L S $5 , 0 0 0 . 0 0 $ 5 , 0 0 0 . 0 0 $6,000.00 $6,000.00 $6,100.00 $6,100.00 27 R e l o c a t e S c h o o l S p e e d L i m i t A s s e m b l y w / F l a s h i n g B e a c o n s 1 E A $7 , 5 0 0 . 0 0 $ 7 , 5 0 0 . 0 0 $6,800.00 $6,800.00 $1,200.00 $1,200.00 28 I l l u m i n a t i o n S y s t e m , W i d e n i n g Ar e a N o r t h o f W P e a r l S t 1 L S $1 5 , 0 0 0 . 0 0 $ 1 5 , 0 0 0 . 0 0 $7,700.00 $7,700.00 $6,300.00 $6,300.00 29 S i g n a l M o d i f i c a t i o n s C o m p l e t e , N 2 0 t h A v e a t W L e w i s S t 1 L S $1 5 6 , 4 0 0 . 0 0 $ 1 5 6 , 4 0 0 . 0 0 $158,600.00 $158,600.00 $175,000.00 $175,000.00 30 S i g n a l M o d i f i c a t i o n s C o m p l e t e , N 2 0 t h A v e a t W S y l v e s t e r S t 1 L S $1 2 6 , 8 0 0 . 0 0 $ 1 2 6 , 8 0 0 . 0 0 $138,100.00 $138,100.00 $152,000.00 $152,000.00 31 S i g n a l M o d i f i c a t i o n s C o m p l e t e , N 2 0 t h A v e a t W H e n r y S t 1 L S $1 1 5 , 7 0 0 . 0 0 $ 1 1 5 , 7 0 0 . 0 0 $135,700.00 $135,700.00 $150,000.00 $150,000.00 Page 16 of 37 FILE: BID DATE: FEBRUARY 28, 2017 20th Ave Safety Improvements Bid Summary.pub SHEET of 2 2 Contract No.: CP5-ST-3A-14-06 Fed. Aid No.: HSIP-3551(004) Co n t i n u e d f r o m P r e v i o u s S h e e t CITY OF PASCO N. 20th Ave Safety Improvements Project No. 14006 BI D S U M M A R Y Moreno & Nelson N. 2 0 t h A v e S a f e t y I m p r o v e m e n t s EN G I N E E R ' S E S T I M A T E Construction, Corp. Award Construction, Inc. Pr o j e c t N o . 1 4 0 0 6 Walla Walla, WA Ferndale, WA Ci t y C o n t r a c t N u m b e r : C P 5 - S T - 3 A - 1 4 - 0 6 F e d . A i d N o . : H S I P - 3 5 5 1 ( 0 0 4 ) It e m Bi d S e c u r i t y 5% Bid Bond 5% Bid Bond No . IT E M Q T Y U N I T UN I T P R I C E A M O U N T UNIT PRICE AMOUNT UNIT PRICE AMOUNT 32 S i g n a l S y s t e m C o m p l e t e , N 2 0 t h A v e a t W M a r i e S t 1 L S $1 1 2 , 7 0 0 . 0 0 $ 1 1 2 , 7 0 0 . 0 0 $101,300.00 $101,300.00 $112,000.00 $112,000.00 33 S i g n a l M o d i f i c a t i o n s C o m p l e t e , N 2 0 t h A v e a t W C o u r t S t 1 L S $9 3 , 2 0 0 . 0 0 $ 9 3 , 2 0 0 . 0 0 $120,000.00 $120,000.00 $133,000.00 $133,000.00 34 S i g n a l M o d i f i c a t i o n s C o m p l e t e , N 2 0 t h A v e a t W P e a r l S t 1 L S $1 2 1 , 3 0 0 . 0 0 $ 1 2 1 , 3 0 0 . 0 0 $137,000.00 $137,000.00 $152,000.00 $152,000.00 35 S i g n a l S y s t e m C o m p l e t e , N 2 0 t h Av e a t N o r t h o f W P e a r l S t 1 L S $1 0 2 , 9 0 0 . 0 0 $ 1 0 2 , 9 0 0 . 0 0 $100,000.00 $100,000.00 $111,000.00 $111,000.00 36 S i g n a l M o d i f i c a t i o n s C o m p l e t e , N 2 0 t h A v e a t I - 1 8 2 E a s t b o u n d 1 L S $1 6 , 0 0 0 . 0 0 $ 1 6 , 0 0 0 . 0 0 $14,500.00 $14,500.00 $15,000.00 $15,000.00 37 S i g n a l M o d i f i c a t i o n s C o m p l e t e , N 2 0 t h A v e a t I - 1 8 2 W e s t b o u n d 1 L S $2 2 , 5 0 0 . 0 0 $ 2 2 , 5 0 0 . 0 0 $21,400.00 $21,400.00 $22,000.00 $22,000.00 38 S i g n a l M o d i f i c a t i o n s C o m p l e t e , N 2 0 t h A v e a t S u n W i l l o w s B l v d 1 L S $1 1 6 , 4 0 0 . 0 0 $ 1 1 6 , 4 0 0 . 0 0 $131,000.00 $131,000.00 $145,000.00 $145,000.00 39 P r o j e c t T e m p o r a r y T r a f f i c C o n t r o l 1 L S $6 0 , 0 0 0 . 0 0 $ 6 0 , 0 0 0 . 0 0 $118,000.00 $118,000.00 $164,000.00 $164,000.00 40 R o a d w a y S u r v e y i n g 1 L S $2 1 , 5 0 0 . 0 0 $ 2 1 , 5 0 0 . 0 0 $22,000.00 $22,000.00 $20,000.00 $20,000.00 41 C e m e n t C o n c . S i d e w a l k 1 4 6 5 S Y $4 0 . 0 0 $ 5 8 , 6 0 0 . 0 0 $49.38 $72,341.70 $65.00 $95,225.00 42 C e m e n t C o n c . D r i v e w a y E n t r a n c e 5 0 S Y $1 0 0 . 0 0 $ 5 , 0 0 0 . 0 0 $73.00 $3,650.00 $83.50 $4,175.00 43 C e m e n t C o n c . C u r b R a m p T y p e P e r p e n d i c u l a r A 1 E A $1 , 9 0 0 . 0 0 $ 1 , 9 0 0 . 0 0 $1,430.00 $1,430.00 $2,650.00 $2,650.00 44 C e m e n t C o n c . C u r b R a m p T y p e P e r p e n d i c u l a r B 1 E A $1 , 9 0 0 . 0 0 $ 1 , 9 0 0 . 0 0 $1,430.00 $1,430.00 $2,650.00 $2,650.00 45 C e m e n t C o n c . C u r b R a m p T y p e P a r a l l e l A 2 2 E A $1 , 9 0 0 . 0 0 $ 4 1 , 8 0 0 . 0 0 $1,430.00 $31,460.00 $2,650.00 $58,300.00 46 C e m e n t C o n c . C u r b R a m p T y p e P a r a l l e l B 4 E A $1 , 9 0 0 . 0 0 $ 7 , 6 0 0 . 0 0 $1,430.00 $5,720.00 $2,650.00 $10,600.00 47 C e m e n t C o n c . C u r b R a m p T y p e D i r e c t i o n a l A 1 8 E A $1 , 9 0 0 . 0 0 $ 3 4 , 2 0 0 . 0 0 $1,500.00 $27,000.00 $2,550.00 $45,900.00 48 C e m e n t C o n c . C u r b R a m p T y p e D i r e c t i o n a l B 3 E A $1 , 9 0 0 . 0 0 $ 5 , 7 0 0 . 0 0 $1,430.00 $4,290.00 $2,550.00 $7,650.00 49 D e t e c t a b l e W a r n i n g S u r f a c e 6 7 S F $3 7 . 0 0 $ 2 , 4 7 9 . 0 0 $18.00 $1,206.00 $61.50 $4,120.50 50 C h a i n L i n k F e n c e T y p e 3 3 6 0 L F $2 5 . 0 0 $ 9 , 0 0 0 . 0 0 $36.40 $13,104.00 $42.60 $15,336.00 51 S i n g l e 6 F t . C h a i n L i n k G a t e 1 E A $1 , 0 0 0 . 0 0 $ 1 , 0 0 0 . 0 0 $1,200.00 $1,200.00 $560.00 $560.00 52 R e m o v e a n d R e s e t F e n c e ( 2 0 t h / S y l v e s t e r - S W C o r n e r ) 1 L S $3 0 0 . 0 0 $ 3 0 0 . 0 0 $4,800.00 $4,800.00 $2,400.00 $2,400.00 53 R e m o v e a n d R e s e t F e n c e ( 2 0 t h / H e n r y - N E C o r n e r ) 1 L S $1 , 1 0 0 . 0 0 $ 1 , 1 0 0 . 0 0 $4,300.00 $4,300.00 $1,900.00 $1,900.00 54 R e m o v e a n d R e s e t F e n c e ( 2 0 t h / M a r i e - S E C o r n e r ) 1 L S $8 0 0 . 0 0 $ 8 0 0 . 0 0 $4,300.00 $4,300.00 $1,900.00 $1,900.00 55 A d j u s t M a n h o l e 1 E A $9 0 0 . 0 0 $ 9 0 0 . 0 0 $800.00 $800.00 $680.00 $680.00 56 A d j u s t C a t c h B a s i n 8 E A $6 3 0 . 0 0 $ 5 , 0 4 0 . 0 0 $430.00 $3,440.00 $280.00 $2,240.00 57 R e s e t V a l v e B o x / L i d 3 E A $2 5 0 . 0 0 $ 7 5 0 . 0 0 $300.00 $900.00 $375.00 $1,125.00 58 S P C C P l a n 1 L S $9 0 0 . 0 0 $ 9 0 0 . 0 0 $500.00 $500.00 $600.00 $600.00 To t a l B i d $ 1 , 7 9 8 , 2 6 4 . 0 0 $2,002,384.50 $2,270,604.00 Page 17 of 37 AGENDA REPORT FOR: City Council March 6, 2017 TO: Dave Zabell, City Manager Rick Terway, Acting Public Works Director Workshop Meeting: 3/13/17 FROM: Dan Ford, City Engineer Public Works SUBJECT: Professional Services Agreement Amendment No. 1 - Murray, Smith and Associates for the Near Term Wastewater Treatment Plant Industrial Impacts Assessment and Improvements I. REFERENCE(S): Vicinity Map Professional Services Agreement Summary II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Discussion III. FISCAL IMPACT: Sewer Utility Fund - $80,205 IV. HISTORY AND FACTS BRIEF: The current Comprehensive Sewer Plan (Comp Plan) was completed in late 2013, reviewed and approved by the Washington State Department of Ecology (DOE) in early 2014 and adopted by the City Council in May of 2014. The Comp Plan identified several long-term capital improvement projects at the Wastewater Treatment Plant (WWTP) that will allow the City to continue to meet the needs of our expanding population. In the ensuing years since the adoption of the Comp Plan, Pasco has also experienced success in attracting significant industrial growth and the strong interest in our community as a place for industries to locate continues. To stay ahead of capacity and regulatory issues, it is important that the City plans as early as possible to address significant changes to the WWTP. Staying ahead of the curve is also part of the City's strategy to remain competitive on significant economic development projects appropriate for the community. Page 18 of 37 The next step in defining long-term capital improvement projects required specialized analyses, planning, and engineering services. The first phase of this effort sought to identify operational and/or capital improvements that could be implemented immediately to improve the overall capacity of the WWTP. To this end, the City entered into a Professional Services Agreement with Murray Smith & Associates, Inc. (MSA) on October 20, 2016, for the Near Term Wastewater Treatment Plant Industrial Impacts Assessment and Improvements Project in the amount of $109,981. At the time of scope and fee negotiation, the development of engineering plans and specifications to be used for the bidding and construction of any identified immediate improvements was intentionally omitted and was planned for the second phase of the effort. Specifically, the reasons for the omission of the second phase efforts from the original PSA were due to: • the wholly unknown nature of said improvement(s); • the reluctance to over/under estimate the effort that would be required to develop plans/specifications for said improvement(s); and • the possibility that the results of the immediate needs assessment may have necessitated an additional Request for Qualifications (RFQ) effort to address significant design components. V. DISCUSSION: MSA’s assessment identified the need for seven operational/capital improvements projects at the WWTP. Fortunately, the immediate implementation of three of the proposed improvement projects will bring about significant capacity increases at the WWTP. The three top-priority projects are: • Chemically Enhanced Primary Treatment (CEPT); • Intermediate Clarifier Modifications; and • Trickling Filter Modifications. In the interests of maintaining continuity with the specialty members of the assessment team and due to the time sensitivity of the improvement effort, the City asked MSA to prepare the attached scope and fee to provide engineering design services for the three top-priority projects. Implementation of these three projects will not only result in increased capacity at the WWTP, but also result in the largest cost to performance ratios of the seven orginally identified improvements. The proposed scope and fee for the development of the engineering plans and specifications to be used for the bidding and construction of the three top-priority projects will be incorporated into the existing PSA as Amendment #1. This amendment will add $80,205 and increase the total PSA contract amount to $190,186. Staff recommends the approval of Professional Services Agreement Amendment No. 1 with Murray, Smith & Associates, Inc. Page 19 of 37 P a g e 2 0 o f 3 7 Professional Services Agreement (Summary Sheet) Project: Professional Services Agreement for the Short Term Wastewater Treatment Plant Industrial Impacts Assessment Project Consultant: Murry Smith & Associates, Inc. Address: 345 Bobwhite Court, Suite 230, Boise, Idaho 83706 Scope of Services: Identify the constituents of the industrial wastewater flows; perform an evaluation of the existing WWTP components to determine their combined ability to treat the new industrial flows; identify near term (within the next 18-months) operational and/or capital improvements to improve the overall capacity of the WWTP and its ability to more effectively treat industrial wastewater per current DOE rules and regulations; provide plans and specifications for the three top priority projects. Term: Completion Date: July 1, 2017 Payments to Consultant: ☐ Hourly Rate: $ ☐ Fixed Sum of: ☒ Other: Hourly (Multiple Rate) plus actual expenses incurred, but not to exceed a total amount of $190,186 Insurance to be Provided: 1. Commercial General Liability: ☐ $1,000,000 each occurrence; ☐ $2,000,000 general aggregate; or ☒ $1,000,000 each occurrence; and $2,000,000 general aggregate 2. Professional Liability: ☒ $1,000,000 per claim; ☐ $1,000,000 policy aggregate limit; or ☐ $________ per claim; and $________ per policy aggregate limit Other Information: Signature by: ☐ Mayor ☒ City Manager Page 21 of 37 AGENDA REPORT FOR: City Council March 7, 2017 TO: Dave Zabell, City Manager Rick White, Director Community & Economic Development Workshop Meeting: 3/13/17 FROM: Jeff Adams, Associate Planner Community & Economic Development SUBJECT: Sign Code Updates (MF# CA 2017-002) I. REFERENCE(S): II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Discussion III. FISCAL IMPACT: Approximately 2 years of staff commitment and expenditure of approximately $25,000 in contract fees (approved in the 2017 budget). IV. HISTORY AND FACTS BRIEF: The City must update its Sign Code due to the U.S. Supreme Court’s 2015 decision in Reed v. Town of Gilbert regarding regulation of temporary directional signs. Despite the case originating from a temporary signage issue, the Court’s conclusion is clear: all signs must be content-neutral. The new standard is that any law or regulation of speech that is based on the content of the speech is presumptively unconstitutional and subject to “strict scrutiny” which requires a regulation to be “narrowly tailored to serve a compelling governmental interest” (Such scrutiny almost always runs aground in challenges to local regulations). A sign code will be subject to “strict scrutiny” judicial review if it applies different standards based on a sign’s content (i.e., what is written or portrayed on the sign). This will especially affect political signs, temporary signs, and informational signs. The need to address the issue of content-neutrality presents an opportunity to further refine the sign code to better suit the unique characteristics of different parts of the Page 22 of 37 City, for instance consideration of signage regulations specific to Downtown to assist with revitalization efforts. Signage needs for the Downtown being significantly different than the automobile-oriented commercial sectors of Pasco should be appropriately differentiated in the code. The Broadmoor/I-182 area should also receive specific attention for signage. That area is a “clean slate” and leveraging an updated sign code with the City master plan effort can yield positive results. Staff emphasizes that signage updates often become controversial and this is an estimated 2 year project. Staff would benefit from Council discussion of this issue. V. DISCUSSION: Page 23 of 37 AGENDA REPORT FOR: City Council March 8, 2017 TO: Dave Zabell, City Manager Workshop Meeting: 3/13/17 FROM: Rick White, Director Community & Economic Development SUBJECT: PMC Amendment Title 9 "Unauthorized Camping" I. REFERENCE(S): Proposed Ordinance II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Discussion III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: The "Unauthorized Parking" Ordinance that City Council adopted in May of 2016 served to preclude storage of personal effects from rights of ways, but did not include prohibitions regarding storage in public parks or camping in public parks or other public properties. During that process, staff determined that the Pasco Municipal Code is lacking in specificity regarding the prohibition of unauthorized camping or living in areas unintended for such, and for storage of personal effects on public property and rights of ways. V. DISCUSSION: The City has received complaints in the past regarding the use of public parks and other public properties for camping and/or storing personal property. The use of public properties for these activities creates public health concerns regarding lack of sanitary facilities, safety, community blight, provision of utilities and emergency services. The use of public properties for camping or storing personal effects negatively impacts the rights of others to use those public properties as they were intended and can create Page 24 of 37 unauthorized and unsafe locations where people in need of community health services congregate. The proposed ordinance adds a new section the PMC. It also provides several considerations for law enforcement officials while implementing regulations in the ordinance - including the availability of alternative accommodations and the provision of a non-criminal notice accompanied by a list of community resources for first time offenders. Staff would welcome Council's discussion and direction of this issue and the proposed ordinance. Page 25 of 37 Ordinance Creating PMC 9.90 - 1 ORDINANCE NO.__________ AN ORDINANCE of the City of Pasco, Washington Creating PMC Chapter 9.90 "Unauthorized Camping" WHEREAS, unauthorized camping directly impacts the public health, safety, welfare, financial integrity and property of the residents and visitors of the City of Pasco; and WHEREAS, the City of Pasco has received a number of complaints, including reports of criminal activity and other safety concerns, related to the use of public property and public right of ways for unauthorized camping or storage of personal property; and WHEREAS, unauthorized camping on public property and on public right of ways creates public health and safety hazards due to the lack of proper electrical, sanitary, heating and utility facilities; and WHEREAS, use of public property for unauthorized camping purposes or storage of person property interferes with the right of others to use the areas for which they were intended; and WHEREAS, use of public property for unauthorized camping purposes or storage of personal property also creates visual blight, which in turn adversely impacts the aesthetics and visual attractiveness of the City, and adversely impacts tourism and the welfare of the citizens of Pasco; and WHEREAS, the City of Pasco recognizes that those utilizing public property and right of ways for unauthorized camping and storage of personal property often are in need of information regarding available community services and resources to address housing, mental illness, and drug addiction; and WHEREAS, the City of Pasco desires to provide such information and encourage use of those available resources; and WHEREAS, the City of Pasco seeks to ensure the public health, safety, welfare, and property of its residents and visitors alike; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. That Chapter 9.90 of the Pasco Municipal Code entitled "Unauthorized Camping" shall be and hereby is created and shall read as follows: Page 26 of 37 Ordinance Creating PMC 9.90 - 2 Chapter 9.90 UNAUTHORIZED CAMPING Sections: 9.90.010 Purpose and public duty created. 9.90.020 Definitions. 9.90.030 Unauthorized camping. 9.90.040 Unauthorized storage of personal property in public places. 9.90.050 Penalty for violations. 9.90.010 PURPOSE AND PUBLIC DUTY CREATED. It is the purpose of this chapter to prevent harm to the health, safety and welfare of the public, and to promote the public health, safety, general welfare and economic health and well-being of the City by making public streets, sidewalks and other public areas readily accessible to the public, and to prevent the use of public property for camping purposes or storage of personal property which interferes with the rights of others to use the areas for which they were intended. It is also the purpose of this chapter to help prevent harm to those persons seeking to use public property for camping purposes from inadequate electrical, sanitary, water, storage and other facilities. It is expressly the purpose of this chapter to provide for and promote the health, safety and welfare of the general public and not to create, either expressly or implicitly, or otherwise establish or designate any particular class or group of persons or individuals who will or should be especially protected or benefited by the terms of this chapter. Nothing in this chapter is intended nor shall be construed to create or form the basis of any liability on the part of the city or its officers, employees or agents, for any injury or damage resulting from any action or inaction on the part of the city related in any manner to the interpretation or enforcement of this chapter by its officers, employees or agents. 9.90.020 DEFINITIONS. For purposes of this chapter, the following definitions shall apply: A) “Camp” means to pitch, erect or occupy camp facilities, or to use camp paraphernalia or both for the purposes of, or in such a way as will permit remaining overnight or for habitation or temporary living quarters; or parking a trailer, camper, or other vehicle for the purposes of remaining overnight or for habitation or temporary living quarters. B) “Camp facilities” include, but are not limited to, tents, huts, temporary shelters, or vehicles. C) “Camp paraphernalia” includes, but is not limited to, tarpaulins, cots, beds, sleeping bags, hammocks or cooking facilities and similar equipment. Page 27 of 37 Ordinance Creating PMC 9.90 - 3 D) “Park” means and includes all city parks, public squares, park drives, parkways, and play and recreation grounds under the jurisdiction of the parks and recreation director as established by PMC Chapter 9.48. E) “Store” means to put aside or accumulate for use when needed, to put for safekeeping, to place or leave in a location. F) “Street” includes any highway, lane, road, street, right-of-way, boulevard, alley and every way or place in the City open as a matter of right to public vehicular travel. 9.90.030 UNAUTHORIZED CAMPING.It shall be unlawful for any person to camp, occupy camp facilities or use camp paraphernalia in any park or playfield owned by the city, or on any sidewalk, street, alley, lane, public right-of-way, or under any bridge or viaduct, or in any other public place to which the general public has access, except in park areas designated by the Administrative & Community Services Director, or as otherwise provided by ordinance. 9.90.040 UNAUTHORIZED STORAGE OF PERSONAL PROPERTY IN PUBLIC PLACES.It shall be unlawful for any person to store personal property, including camp facilities and camp paraphernalia, in any park or playfield owned by the city, or on any sidewalk, street, alley, lane, public right-of-way, or under any bridge or viaduct, or in any other public place to which the general public has access, except in park areas designated by the Administrative & Community Services Director, or as otherwise provided by ordinance. 9.90.050 PENALTY FOR VIOLATIONS. A)Violation of any of the provisions of this chapter is a misdemeanor offense and shall be punished upon conviction of such violation by a fine of not more than one thousand dollars, or by imprisonment not to exceed ninety days, or by both such fine and imprisonment. B)Law or code enforcement officers shall not enforce the unauthorized camping provisions of Section 9.90.030 when no alternative accommodations are available. As used in this section, an alternative accommodation is available if (1) a community service facility has available vouchers that allow an individual or family experiencing homelessness to stay overnight at a hotel or motel without charge; or (2) space is available without charge at any community service facilities level two as defined in PMC Section 25.12.156 for an individual or family experiencing homelessness; or (3) space is available for an overnight stay without charge at a public or private shelter open to an individual or family experiencing homelessness. If an individual or family cannot use an available accommodation because of the individual or family member’s sex, familial or marital status, religious beliefs, disability, or length-of-stay restrictions, the accommodation is not considered available. The accommodation is considered available if the individual could not use the accommodation due to voluntary actions such as intoxication, drug use, unruly behavior or violation of shelter rules. C)Prior to and in lieu of the filing or citation of criminal charges, first time offenders shall be issued a noncriminal notice, a copy of this chapter, and a resource list of community Page 28 of 37 Ordinance Creating PMC 9.90 - 4 providers of housing, mental health, alcohol dependence, and/or drug addiction treatment services. This provision does not establish or otherwise obligate the city or its employees to provide said services, nor does it establish any right to such services by any person. 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 ____ day of _________________, 2017. _____________________________ Matt Watkins, Mayor ATTEST:APPROVED AS TO FORM: __________________________________________________________________ Sandy Kenworthy, Interim City Clerk Leland B. Kerr, City Attorney Page 29 of 37 AGENDA REPORT FOR: City Council March 8, 2017 TO: Dave Zabell, City Manager Workshop Meeting: 3/13/17 FROM: Rick White, Director Community & Economic Development SUBJECT: Appointment Terms of the Code Enforcement Board I. REFERENCE(S): Proposed Ordinance II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Discussion III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: In 1996 the Code Enforcement Board was created and the length of the appointment term was set at two years. V. DISCUSSION: The history of the attendance and retention of appointed Board Members indicates that the initial two year term may easily be increased in length. With few exceptions, past Board Members have served for two consecutive two years terms or longer. In order to increase the effectiveness of the appointment process, provide consistency with other appointed boards and commissions and minimize interruptions on duly appointed Board members, staff recommends City Council consider increasing the lenth of the Code Board appointments from two years to four as contained in the proposed ordinance. Page 30 of 37 ORDINANCE NO. _______ AN ORDINANCE of the City of Pasco, Washington, Amending Section 11.04.020 “Operations of the Code Enforcement Board.” WHEREAS, The Code Enforcement Board was established in 1996 along with appointment terms of two years; and WHEREAS, The history of the vacancies of the appointed members indicates there is little turnover related to unexpired terms; and WHEREAS, A majority of the terms of other City Boards and Commissions consist of appointment terms greater than two years; and WHEREAS, The appointment process and the operations of the Code Enforcement Board will result in increased efficiencies if the appointment terms are greater than two years; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DOES ORDAIN AS FOLLOWS: Section 1. That Section 11.04.020 of the Pasco Municipal Code, shall be and hereby is amended and shall read as follows: 11.04.020 OPERATION OF CODE ENFORCEMENT BOARD. The membership of the Pasco Code Enforcement Board shall be as follows: (1)The Board shall consist of five (5) voting members; (2)All positions on the Board shall be filled by persons appointed by the City Council; (3)All members of the Board shall be residents of the City of Pasco, both at the time of their appointment and for the full term of their appointment; (4)The CEB members who are first appointed shall serve terms as designated in 11.04.020(a), but thereafter board members shall be appointed for a term of two four (2 4) years and shall commence on the first day of January of the year of the appointment; (a)The term for the first appointed board members shall commence and terminate as follows: Position 1 - January 1, 1997 to January 1, 1999 Position 2 - January 1, 1997 to January 1, 1999 Position 3 - January 1, 1997 to January 1, 2000 Position 4 - January 1, 1997 to January 1, 2000 Position 5 - January 1, 1997 to January 1, 2000 (5)The appointing authority may remove by majority vote any person it appointed for lack of due diligence or for other good cause. Any vacancy created by removal from office, resignation, change in residency to outside the City limits of Pasco, or for any other reason, shall be filled by the appointing authority for that position for the remainder of that term. Section 2. This ordinance shall be in full force and effect five days after passage and publication as required by law. Page 31 of 37 PASSED by the City Council of the City of Pasco, at its regular meeting of ________________, 2017. Matt Watkins, Mayor ATTEST:APPROVED AS TO FORM: Sandy Kenworthy, Interim City Clerk Leland B. Kerr, City Attorney Page 32 of 37 AGENDA REPORT FOR: City Council March 9, 2017 TO: Dave Zabell, City Manager Workshop Meeting: 3/13/17 FROM: Rick Terway, Director Administrative & Community Services SUBJECT: Boards & Commissions Attendance Policy I. REFERENCE(S): Proposed Ordinance II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Discussion III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: Some of the City's Boards and Commissions have experienced increasing difficulty in attaining a quorum over the past several years. There are a lot of competing demands on Board and Commission members that have caused some high levels of absenteeism from regularly scheduled meetings, which impacts attaining a quorum and stymies the ability to conduct business. This in turn impacts the overall efficiency of conducting city business, as well as the interests of those relying on timely decisions or recommendations from the various Boards and Commissions. Oftentimes it is not known by Board and Commission members or staff if absent members are late or unable to attend. V. DISCUSSION: The proposed ordinance establishes consistent protocols and attendance standards for the members of the City's Boards and Commissions and provides a standard for the removal of members who have demonstrated an inability to follow through with the commitment to attend meetings on a regular basis. The proposed ordinance establis hes an attendance standard that provides flexibility for the occasional excused absence that Page 33 of 37 may arise. The proposed new chapter, PMC 2.58, specifies that four (4) absences within a twelve (12) month period of time or absence from three (3) consecutive meetings, which are generally held once a month, will result in the member being removed from the City board or commission. The three (3) consecutive unexcused absence mirrors the standard applied to City Council members under state statute. Staff recommends adoption of the proposed ordinance. Page 34 of 37 Ordinance - Removal from Office for Absenteeism - 1 ORDINANCE NO. ______ AN ORDINANCE of the City of Pasco, Washington, Amending Section 2.18.030 “Vacancies and Removal from Office"; Amending Section 2.36.020 E) “Removal of Commissioners”; Creating Chapter 2.58 “Board and Commission Officer”; and Amending Section 11.04.020 “Operation of Code Enforcement Board” WHEREAS, the City of Pasco has found that there is a benefit to the public in the consistent and diligent performance of its appointed officers of City Boards and Commissioners; and WHEREAS, the City has found that appointed officers of Boards and Commissioners cannot properly perform their duties when they are consistently absent from the meetings or hearings for which they serve as an officer or commissioner; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. That Section 2.18.030 entitled "Vacancies and Removal from Office” regarding Planning Commission of the Pasco Municipal Code, shall be and hereby is amended and shall read as follows: 2.18.030 MISCELLANEOUS PROVISIONSVACANCIES AND REMOVAL FROM OFFICE. Vacancies occurring otherwise than through the expiration of terms shall be filled for the unexpired terms. Members may be removed, after public hearing by the Mayor, with the approval of the City Council, for inefficiency, neglect of duty, or malfeasance in office. The members shall be selected without respect to political affiliations, and they shall serve without compensation. (Ord. 1558 Sec. 3, 1972.) Section 2. That Section 2.36.020, entitled “Operation of Joint Housing Authority”, Subsection E) entitled “Removal of Commissioners” of the Pasco Municipal Code shall be and hereby is amended and shall read as follows: E) Removal of Commissioners. The legislative authority of Franklin County may remove from office the commissioners holding positions number 2, 4, and 5. Grounds for removal shall include inefficiency or neglect of duty, misconduct in office. A commissioner shall be removed only after he/she shall have been given a copy of the charges at least ten days prior to the hearing thereon and had an opportunity to be heard in person or by counsel. The appointing authority for the position shall hear the matter and shall keep a record of the proceedings, together with the charges and the findings thereon, which record shall be filed in the office of the Pasco City Clerk or the clerk of the legislative authority of Franklin County as the case may be. Transcription of this record for any purpose shall be the responsibility of the person requesting said transcription, including the commission whose removal is sought. Page 35 of 37 Ordinance - Removal from Office for Absenteeism - 2 Removal of a City appointed commission shall be pursuant to PMC 2.58.010. In the event of the removal of any commissioner, the legislative authority of Franklin County or the Pasco City Council, whichever shall be the appointing authority for that position, shall give written notice to the other of such removal and shall as soon as practicable select a new commissioner. Section 3. That a new Chapter 2.58 entitled “Board and Commission Officer" of the Pasco Municipal Code, shall be and hereby is adopted and shall read as follows: Chapter 2.58 BOARD AND COMMISSION OFFICER Sections: 2.58.010 Vacancies and Removal from Office. 2.58.010 VACANCIES AND REMOVAL FROM OFFICE. The following provisions shall apply to all City appointed members or officers of any board or commission. Vacancies occurring otherwise than through the expiration of terms shall be filled for the unexpired terms, in accordance with any applicable laws, by the original appointing authority. Members may be removed for incompetency, incompatibility, dereliction of duty, malfeasance in office, inefficiency, neglect of duty, or for other good cause, and membership shall be forfeited in the event the member has four (4) absences within a twelve (12) month period of time, or absences for three (3) consecutive meetings. Section 4. That Section 11.04.020 entitled "Operation of Code Enforcement Board" of the Pasco Municipal Code, shall be and hereby is amended and shall read as follows: 11.04.020 OPERATION OF CODE ENFORCEMENT BOARD. The membership of the Pasco Code Enforcement Board shall be as follows: (1) The Board shall consist of five (5) voting members; (2) All positions on the Board shall be filled by persons appointed by the City Council; (3) All members of the Board shall be residents of the City of Pasco, both at the time of their appointment and for the full term of their appointment; (4) The CEB members who are first appointed shall serve terms as designated in 11.04.020(a), but thereafter board members shall be appointed for a term of two (2) years and shall commence on the first day of January of the year of the appointment; (a) The term for the first appointed board members shall commence and terminate as follows: Page 36 of 37 Ordinance - Removal from Office for Absenteeism - 3 Position 1 - January 1, 1997 to January 1, 1999 Position 2 - January 1, 1997 to January 1, 1999 Position 3 - January 1, 1997 to January 1, 2000 Position 4 - January 1, 1997 to January 1, 2000 Position 5 - January 1, 1997 to January 1, 2000 (5) The appointing authority may remove by majority vote any person it appointed for lack of due diligence or for other good cause, including those stated in PMC 2.58.010. Any vacancy created by removal from office, resignation, and change in residency to outside the City limits of Pasco, or for any other reason, shall be filled by the appointing authority for that position for the remainder of that term. (Ord. 3189 Sec. 1, 1996.) Section 5. This Ordinance shall take full force and effect five (5) days after its approval, passage and publication as required by law. PASSED by the City Council of the City of Pasco, Washington, and approved as provided by law this ____ day of _________________, 2017. __________________________________ Matt Watkins, Mayor ATTEST: APPROVED AS TO FORM: __________________________________ __________________________________ Sandy Kenworthy, Interim City Clerk Leland B. Kerr, City Attorney Page 37 of 37