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
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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
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Page 15 of 37
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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)
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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
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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
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