HomeMy WebLinkAbout2017.04.24 Council Workshop PacketWorkshop Meeting
AGENDA
PASCO CITY COUNCIL
7:00 p.m.
April 24, 2017
Page
1. CALL TO ORDER:
2. ROLL CALL:
(a) Pledge of Allegiance
3. VERBAL REPORTS FROM COUNCILMEMBERS:
4. ITEMS FOR DISCUSSION:
3 - 5 (a) Planning Commission Interviews
Council to conduct brief interviews with Ruben Alvarado, Joseph Campos,
Cathy Edwards, Dan Hatch and Una Patricia Scott.
6 - 10 (b) City and Port Interlocal Agreement
11 - 16 (c) HOME Consortium Agreement Amendment 2 (MF# AGRMT2017-008)
17 - 20 (d) Interlocal Procurement Agreement
21 - 24 (e) Bid Award: Traffic Signal Improvements - City Wide Phase 1
25 - 32 (f) PMC Amendment Regarding Revocation of Business License
33 - 42 (g) Council Voting Districts
5. MISCELLANEOUS COUNCIL DISCUSSION:
6. EXECUTIVE SESSION:
7. ADJOURNMENT.
REMINDERS:
• 5:00 p.m., Monday, April 24, City Hall, Council Chambers – Peruvian Delegation
Coffee Tasting and Gift Exchange Event. (MAYOR MATT WATKINS; ALL
Page 1 of 42
Workshop Meeting April 24, 2017
COUNCILMEMBERS INVITED TO ATTEND)
• 5:00 p.m., Tuesday, April 25, TRAC – TRAC Advisory Board Meeting.
(COUNCILMEMBER CHI FLORES and COUNCILMEMBER AL YENNEY)
• 6:30 p.m., Tuesday, April 25, City Hall Council Chambers – Pasco Public Facilities
District Board Meeting. (MAYOR MATT WATKINS, COUNCILMEMBER
REBECCA FRANCIK and COUNCILMEMBER CHI FLORES)
• 7:30 a.m., Wednesday, April 26, 7130 W. Grandridge Blvd – Visit Tri-Cities Board
Meeting. (COUNCILMEMBER CHI FLORES, Rep.; COUNCILMEMBER TOM
LARSEN, Alt)
• 6:00 p.m., Wednesday, April 26, Best Western, Zillah – Short Course on Local
Planning. (COUNCILMEMBER CHI FLORES)
• 11:30 a.m., Thursday, April 27, 3rd & Columbia Streets – Tri-City Union Gospel
Mission’s Ground Breaking Ceremony. (MAYOR MATT WATKINS; ALL
COUNCILMEMBERS INVITED TO ATTEND)
• 4:00 p.m., Thursday, April 27, 7130 W. Grandridge Blvd – TRIDEC Board
Meeting. (COUNCILMEMBER CHI FLORES, Rep.; COUNCILMEMBER TOM
LARSEN, Alt.)
• 6:00 p.m., Thursday, April 27, Pasco High School Cafeteria – Annual City of Pasco
Volunteer Appreciation Dinner. (MAYOR MATT WATKINS; ALL
COUNCILMEMBERS INVITED TO ATTEND)
• 6:00 p.m., Friday, April 28, Toyota Center, Kennewick – Hispanic Academic
Achievers Program Ceremony. (MAYOR MATT WATKINS)
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 42
AGENDA REPORT
FOR: City Council April 21, 2017
TO: Dave Zabell, City Manager Workshop Meeting: 4/24/17
FROM: Stan Strebel, Deputy City Manager
Executive
SUBJECT: Planning Commission Interviews
I. REFERENCE(S):
Applications (5) (Council only)
Resolution No. 3388
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
Council to conduct brief interviews with Ruben Alvarado, Joseph Campos, Cathy
Edwards, Dan Hatch and Una Patricia Scott.
III. FISCAL IMPACT:
IV. HISTORY AND FACTS BRIEF:
The Planning Commission is composed of nine members; terms are for six years. The
Commission meets on the third Thursday of each month at 7:00 pm.
The Planning Commission conducts workshop meetings and public hearings on land-
use policy and development proposals and issues recommendations for the City
Council.
At the present time there are two vacant positions with unexpired terms:
1. Position No. 2, term expiration date of 2/2/22
2. Position No. 6, term expiration date of 2/2/19
After Council Screening Committee review of all applications, the following have been
selected to interview for possible appointment to Positions No. 2 and 6:
1. Ruben Alvarado
2. Joseph Campos
3. Cathy Edwards
4. Dan Hatch
Page 3 of 42
5. Una Patricia Scott
V. DISCUSSION:
After conduct of interviews at the April 24 Workshop meeting, it is proposed that
appropriate appointments be made by the Mayor, subject to confirmation by the
Council at the May 1 business meeting.
Page 4 of 42
RESOLUTION NO. `
A RESOLUTION Providing a Process for Appointments to City Boards and
Commissions.
WHEREAS, the City of Pasco maintains several citizen advisory boards to assist the delivery of
municipal services as well as to advise the City Council in making various policy decisions; and
WHEREAS, the appointment process prescribed by the Pasco Municipal Code requires the Mayor
to appoint citizens to vacancies on such boards, subject to confirmation of the City Council; and
WHEREAS, the Mayor and City Council desire to establish an appointment process which is more
collaborative yet efficient for both the applicants and City Council alike;NOW,THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON DOES RESOLVES AS
FOLLOWS:
Section 1: Applications for city boards and commissions shall be solicited annually by the City
Manager on behalf of the City Council.
Section 2: All applications received by the City Manager shall be reviewed by a City Council
committee appointed by the Mayor; such committee, to be known as the "Appointment Screening
Committee," shall be ad-hoc, appointed annually, and consist of three members, including the Mayor. The
Appointment Screening Committee shall select those applicants it deems best suited for the respective
board/commission but not more than three applicants for each vacancy to be filled. The Appointment
Screening Committee shall consider the following factors in making their selections for further
consideration:
a) Geographic representation;
b) Gender representation;
c) Ethnic representation;
d) Familial and financial relationships of board members
Section 3: Those applicants selected by the Appointment Screening Committee shall be
interviewed by the City Council during a public meeting; provided, however, the Screening Committee may
recommend reappointment of an incumbent applicant without interview by the City Council if the incumbent
has •-- • - - -•served not more than two consecutive•
terms since the last interview. At a City Council meeting following such interview, an interviewed candidate
shall be selected by the Mayor for appointment to each vacancy. Any candidate selected by the Mayor shall
be subject to confirmation vote of the City Council; a majority vote of the quorum present at such meeting
shall be required to confirm the Mayor's appointments.
Section 4: Any prior resolutions of the City Council in conflict with the provisions of this
resolution shall be superseded by this resolution.
PAS D by the City Council ity of Pasco at its regular meeting this 16th day of April, 2012.
Matt Watkins, Mayor
T T: f APP'S AS TO FORM:
Debra Clark,City Clerk Leland B. Kerr, City Attorney
Page 5 of 42
AGENDA REPORT
FOR: City Council April 19, 2017
TO: Dave Zabell, City Manager Workshop Meeting: 4/24/17
FROM: Rick White, Director
Community & Economic Development
SUBJECT: Interlocal Agreement for Economic Development Services
I. REFERENCE(S):
Draft Interlocal Agreement
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
DISCUSSION
III. FISCAL IMPACT:
Fund 194 - Economic Development Fund
Estimated $20,000 - $30,000 annually (per adopted budget).
Reimbursement to the Port of Pasco per the terms of the proposed interlocal agreement
for Port staff time and expenses utilized on the City's behalf.
IV. HISTORY AND FACTS BRIEF:
Both the City and the Port have the authority to engage in economic development
activities through State law and the City and the Port share similar economic
development goals. The Port has existing and seasoned staff with considerable
economic development expertise while the City is temporarily filling an economic
development position approved by Council in the 2017 budget.
The City and Port entered into a partnership in March of 2016 through an Interlocal
Agreement whereby Port Staff provided specific economic development services,
marketing and creation of specific economic development products. Through this
Agreement, the City and Port have cost-shared attendance at various trade shows and
commercial expositions and cooperated in preparation and execution of economic
development activities, all of which has been beneficial not just for the residents of
Pasco but also for the greater Pasco community.
Page 6 of 42
The interlocal agreement established the parameters for oversight of this effort and the
reimbursement amount to the Port for the staff services (flat fee of $96 per hour). C osts
for this cooperative economic development effort in 2016 was very economical at
$19,100.
V. DISCUSSION:
The aforementioned agreement expired at the end of 2016. The term of the initial
agreement was short in duration to provide an opportunity for evaluation of the
program to determine success in terms of value and cost.
Said evaluation reveals that continued use of the Interlocal Agreement for shared staff
to accomplish specific activities for economic development has proved to be a cost
effective way to maintain momentum, increase the effectiveness of recruitment efforts,
interact with TRIDEC and the State in pursuing leads on facility location and develop
timely and effective marketing materials.
Given the positive result and value from this partnership, staff recommends continuing
the Agreement with the Port indefinitely subject to termination by either party. With
the amount reviewed annually as part of the budget process.
Page 7 of 42
INTERLOCAL AGREEMENT
between
the City of Pasco and the Port of Pasco
for
the Promotion of Economic Development in Pasco
This INTERLOCAL COOPERATIVE AGREEMENT (“Agreement”) is entered into pursuant to
RCW 39.34, as of this _____day of _____________, 20176, by the City of Pasco, a
municipal corporation of the State of Washington, hereinafter the “City”, and Port of Pasco,
a public body corporate of the State of Washington, hereinafter “Port”, collectively referred
to in this Agreement hereafter as the “Parties”.
WHEREAS; The City has authority to engage in economic development per RCW
35.21.703; and
WHEREAS; The City contains a division of operations in the Community and Economic
Development Department that operates programs and efforts to promote economic
development and expansion of the tax base within the City. Currently this division is not
staffed with personnel exclusively devoting time and effort towards economic development;
and
WHEREAS; the City 2016 Budget has an approved funding amount of $60,000 to engage
in economic development; and
WHEREAS; The Port has authority to engage in economic development per RCW
53.08.245; and
WHEREAS; The Port's mission is to develop the economy of the Port District in a manner
that creates sustainable jobs and a healthy tax base and the Port has dedicated staff to
promote that mission; and
WHEREAS; Both the Port and the City share similar economic development goals and are
pursuing similar activities to promote economic development; and
WHEREAS; The City and the Port desire to better achieve these goals and objectives by
leveraging resources and staff to maximize the results of economic development efforts;
NOW THEREFORE; The City and Port agree to the following:
1.The City may request the assistance of Port staff with the following economic
development tasks on an “as needed” basis:
Page 8 of 42
Business Retention & Expansion, including but not limited to:
Meet with major employers in Pasco
Workforce/talent development
Industrial and Retail Recruitment efforts
Recruitment efforts, including but not limited to:
Retail Recruitment and development of marketing materials
Industrial Recruitment and development of marketing materials
Food Processing and Manufacturing Recruitment
Project Development
TRIDEC and interaction/response with State generated leads
Attendance/assistance with trade shows, expositions and similar marketing events
2.The City agrees to reimburse the Port at an hourly flat rate of $96.00 for this staff
assistance. This rate includes all associated staff costs including benefits and
overhead. The Port shall invoice the City on a monthly basis.
3.Costs for materials, professional assistance outside that of Port staff and specific
travel costs (pre-approved) will be the responsibility of the City.
4.Work performed per this Interlocal Agreement shall be approved by the Community
and Economic Development Director.
5.Either the City or the Port may terminate this Interlocal Agreement with 30 days
notice to other party. Notice to the City shall be directed to the Pasco City Manager
and notice to the Port shall be directed to the Port Executive Director. In the event
the Interlocal Agreement is terminated, neither the City nor the Port will pursue an
action to recover costs incurred by either party, with exception that costs necessary
for services approved by the City and incurred by the Port prior to the termination
will be reimbursed per the terms of this Interlocal Agreement.
6.Term of Agreement and Termination. This Agreement is effective upon the
signature of all Parties and terminates upon notice as described by Section 5
above.on December June 301, 20186.
7.The records and documents associated with all matters covered by this Agreement
shall be jointly owned by the City and the Port and all non-privileged records and
documents shall be subject to inspection by any Party during the term of this
Agreement.
Page 9 of 42
8.No Separate Legal Entity. No new, separate administrative or legal entity is to be
established in association with this Agreement nor to conduct the cooperative
undertaking described herein. The Community and Economic Development Director
of the City and the Director of Economic Development of the Port shall be joint
administrators of this cooperative undertaking.
9.Severability. In the event that any term or condition of this Agreement or
application thereof to any person, entity, or circumstance is held invalid; such
invalidity shall not affect any other terms, conditions, or applications of this
Agreement which can be given effect without the invalid term, condition, or
application. To this end, the terms and conditions of this Agreement are declared
severable.
10.Recording. This Agreement shall be filed with the Franklin County Auditor or posted
on each Parties web site.
In Witness Whereof, the Parties have signed this Agreement as of the day and year
written below.
PORT OF PASCO CITY OF PASCO
______________________________________________________
By: Randy Hayden By: Dave Zabell
Its: Executive Director Its: City Manager
Date: __________________Date: ________________________
APPROVED AS TO FORM:APPROVED AS TO FORM:
______________________________________________
Page 10 of 42
AGENDA REPORT
FOR: City Council April 18, 2017
TO: Dave Zabell, City Manager
Rick White, Community & Economic
Development Director
Workshop Meeting: 4/24/17
FROM: Angie Pitman, Urban Development
Coordinator
Community & Economic Development
SUBJECT: HOME Consortium Agreement Amendment 2 (MF# AGRMT2017-008)
I. REFERENCE(S):
Proposed Resolution
HOME Consortium Cooperative Agreement of the Tri-Cities HOME Consortium
Program Years 2017-2019
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
Discussion
III. FISCAL IMPACT:
None
IV. HISTORY AND FACTS BRIEF:
Pasco entered into a HOME consortium agreement with Richland and Kennewick in
1995, making the City eligible for federal HOME funds. The populations of the
individual cities alone do not meet the U.S. Department of Housing and Urban
Development (HUD) minimum. By joining together in a consortium, funds are
available to the three cities.
In 2014, the HOME Consortium limited activities to down payment assistance only.
This resulted in timeliness issues for Kennewick and Richland. Both have requested
that development and construction of affordable housing be returned to the list of
eligible activities for consortium funds.
V. DISCUSSION:
Page 11 of 42
This amendment restores development and construction of affordable housing for
timely expenditure of funds. The City of Richland, as lead entity, will be responsible
for carrying out construction projects.
The revision provides that HOME funds will include development and construction of
affordable housing as follows:
"iv. When one or more Members has $100,000 or more in unspent uncommitted
down payment assistance funds and/or returned program income, said funds may be
used for the development and construction of affordable housing. Members will work
together to identify potential Public Housing Authority (PHA), acting as sponsor,
owner or developer of rental development projects. Projects will be reviewed and
selected based on developer financial capacity, experience, project feasibility,
readiness to proceed and community impact. Members will aim to rotate City location
of projects when possible and/or INFILL Homebuyer development with Member
majority rules for the project location. After Members identify affordable housing
project(s), Lead Entity will act as project manager, perform required administrative
duties to assess, approve, and fund projects."
The proposed resolution provides for the city manager to execute a revised cooperative
agreement for the consortium members upon Council's approval.
Page 12 of 42
RESOLUTION NO. __________
A RESOLUTION APPROVING AMENDMENT NO. 2 TO THE HOME
COOPERATIVE AGREEMENT FOR TRI-CITIES HOME CONSORTIUM OF
KENNEWICK, PASCO, AND RICHLAND UNDER THE NATIONAL AFFORDABLE
HOUSING ACT
WHEREAS, the Cities of Kennewick, Pasco and Richland entered into a cooperative
agreement to form a consortium to increase the local supply of decent affordable housing to low
income residents as authorized by Public Law 101-625, the National Affordable Housing Act of
1990 (NAHA); and
WHEREAS, the members of the Consortium desire to amend the cooperative agreement
to reverse changes previously agreed upon to limit activities to down payment assistance and
restore development and construction of affordable housing activities, and
WHEREAS, the Term of the Cooperative Agreement, limits exposure to the members of
the consortium to the length of time necessary to carry out all the activities that will be funded
from funds awarded for three federal fiscal years 2017, 2018, 2019; NOW THEREORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO:
That the City Council approves Amendment No. 2 to the HOME Consortium
Cooperative Agreement with the Cities of Kennewick and Richland and authorizes the City
Manager to execute the agreement.
PASSED by the City Council of the City of Pasco this _______ day of May, 2017.
_____________________________
Matt Watkins
Mayor
ATTEST:
_____________________________
Sandy Kenworthy
Interim City Clerk
APPROVED AS TO FORM:
___________________________
Leland B. Kerr
City Attorney
Page 13 of 42
After recording please return to:
City of Richland, Housing and Redevelopment
Attn: Michelle Burden
505 Swift Blvd., MS-19
Richland, WA 99352
AMENDMENT #2 TO
COOPERATIVE AGREEMENT
THE TRI-CITIES HOME CONSORTIUM
FORMED UNDER THE
NATIONAL AFFORDABLE HOUSING ACT
PROGRAM YEAR 2014-2015-2016
AS EXTENDED 2017-2018-2019
This Second Amendment to the above-referenced Agreement (“Original Agreement”) is
entered into between the Cities of Kennewick, Pasco, and Richland, municipal corporations of
the State of Washington (Members), for the purpose of amending the Cooperative Agreement of
the Tri-Cities HOME Consortium, which was originally formed in 1996 under the HOME
Investments Partnership (HOME) Program. This Second Amendment will become effective
upon adoption by the parties and approval by the U.S. Department of Housing and Urban
Development (HUD).
NOW THEREFORE, in exchange for good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, the parties hereby agree that Section 4. d. of the
Tri-Cities Home Consortium Cooperative Agreement for Program Year 2014-2015-2016 as
extended for 2017-2018-2019 is replaced in its entirety with the following:
SECTION 4: PROGRAM ADMINISTRATION
d. Allocation of HOME Funds. HOME funds will be allocated between the Members in the
following manner:
i.Ten percent (10%) of the overall allocation, or a higher amount if allowed by the
HOME program, will remain with the Lead Entity for administrative costs.
ii.Fifteen percent (15%) of the overall allocation will remain with the Lead Entity to be
utilized for CHDO Set-Aside activities. CHDO projects will be identified by Members
on a rotating basis, as described in Section 4.f. below.
iii.The remaining balance of the overall allocation shall be invested in down payment
assistance. These funds shall be divided equally among Members. Each member is
entitled to plan for the expenditures of funds in an amount equal to their share of the
HOME grant award, as is determined during each fiscal year of this agreement and
identified in the Annual Action Plan. If desired and applicable, the Cities of
Kennewick and Pasco may serve as Subrecipient Administrators to the Lead Entity
to oversee investment of their respective portion of HOME funds in down payment
assistance.
iv.When one or more Members has $100,000 or more in unspent uncommitted down
payment assistance funds and/or returned program income, said funds may be used
Page 14 of 42
for the development and construction of affordable housing. Members will work
together to identify potential Public Housing Authority (PHA), acting as sponsor,
owner or developer of rental development projects. Projects will be reviewed and
selected based on developer financial capacity, experience, project feasibility,
readiness to proceed and community impact. Members will aim to rotate City location
of projects when possible and/or INFILL Homebuyer development with Member
majority rules for the project location. After Members identify affordable housing
project(s), Lead Entity will act as project manager, perform required administrative
duties to assess, approve, and fund projects.
Except as expressly amended and modified by this Second Amendment, the Original
Agreement, as amended by the First Amendment dated March 2, 2015, is and shall continue to
be in full force and effect in accordance with the terms thereof.
This Amendment shall be construed in accordance and governed by the laws of the state of
Washington.
IN WITNESS WHEREOF, the parties have executed this Second Amendment on the
date provided next to the last-signing party.
SECOND AMENDMENT - COOPERATIVE AGREEMENT
THE TRI-CITIES HOME CONSORTIUM
_________________________________________________
Marie E. Mosley, City Kennewick Date
City of Kennewick
_________________________________________________
Dave Zabell, City Manager Date
City of Pasco
_________________________________________________
Cynthia D. Reents, City Manager Date
City of Richland
APPROVED AS TO FORM BY LEGAL COUNSEL:
Heather Kintzley, City Attorney Lisa Beaton, City Attorney
City of Richland City of Kennewick
Page 15 of 42
Lee B. Kerr, City Attorney
City of Pasco
Page 16 of 42
AGENDA REPORT
FOR: City Council April 20, 2017
TO: Dave Zabell, City Manager Workshop Meeting: 4/24/17
FROM: Richa Sigdel, Finance Director
Finance
SUBJECT: Interlocal Procurement Agreement
I. REFERENCE(S):
Proposed Resolution
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
Discussion
III. FISCAL IMPACT:
None
IV. HISTORY AND FACTS BRIEF:
Under Chapter 39.34 RCW, local government agencies may make purchases using
another agency’s purchasing contract. This cooperation among agencies saves time and
maximizes savings through better pricing and terms.
V. DISCUSSION:
The Council has appropriated $101,900 for the Fire Department to purchase Mobile
Data Terminals (MDT) in 2017, to be used in emergency vehicles to communicate with
a central dispatch office. The interlocal agreement will allow the City to save
approximately 5% to 8% on all computers, and 35% to 40% on all hardware. The City
Attorney has reviewed the arrangement and believes it meets purchasing requirements
of state law. To maximize savings, staff is requesting that Council approve the
interlocal agreement.
Page 17 of 42
RESOULTION NO.__________
A RESOLUTION of the City of Pasco, Washington,
authorizing the City Manager to execute an Interlocal
Procurement Agreement with the City of Tacoma, Washington.
WHEREAS, the City of Pasco, Washington, and the City of Tacoma, Washington, each
possess the power to procure goods and services; and
WHEREAS, the City of Pasco and the City of Tacoma desire to enter into an Interlocal
Procurement Agreement to make the most efficient use of their powers; and
WHEREAS, the City Council of the City of Pasco has after due consideration,
determined that it is in the best interest of the City of Pasco to enter into an lnterlocal
Procurement Agreement with the City of Tacoma; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO
RESOLVE AS FOLLOWS:
Section 1. The City Council of the City of Pasco approves the terms and conditions of the
Interlocal Procurement Agreement between the City of Pasco and the City of Tacoma,
Washington, as attached hereto and incorporated herein as Exhibit A.
Section 2. The City Manager of the City Pasco, Washington, is hereby authorized,
empowered, and directed to execute said Agreement on behalf of the City of Pasco.
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 Kenworth y, Interim City Clerk Leland B. Kerr, City Attorney
Page 18 of 42
INTERLOCAL JOINT PURCHASING AGREEMENT
THIS AGREEMENT is between the CITY OF TACOMA, a political subdivision of the State of
Washington, and the CITY OF PASCO, a political subdivision under the laws of the State of Washington.
W I T N E S S E T H:
WHEREAS, the Interlocal Cooperation Act, as amended, and codified in Chapter 39.34 of the
Revised Code of Washington provided for interlocal cooperation between governmental agencies; and
WHEREAS, Chapter 39.33 of the Revised Code of Washington provides for intergovernmental
disposition of property; and
WHEREAS, the parties desire to utilize each other's procurement agreements when it is in their
mutual interest; --
NOW, THEREFORE, the parties agree as follows:
1.PURPOSE: The purpose of this agreement is to acknowledge the parties' mutual interest to jointly
bid the acquisition of goods and services where such mutual effort can be planned in advance and to
authorize the acquisition of goods and services and the purchase or acquisition of goods and services
under contracts where a price is extended by either party's bidder to other governmental agencies.
2.ADMINISTRATION: No new or separate legal or administrative entity is created to administer the
provisions of this agreement.
3.SCOPE: This agreement shall allow the following activities:
A.Purchase or acquisition of goods and services by each party acting as agent for either or both
parties when agreed to in advance, in writing;
B.Purchase or acquisition of goods and services by each party where provision has been provided
in contracts for other governmental agencies to avail themselves of goods and services offered
under the contract and/or where either party's bidder is willing to extend prices to other
governmental agencies.
4.DURATION AGREEMENT - TERMINATION: This agreement shall remain in force until canceled by
either party in writing.
5.RIGHT TO CONTRACT INDEPENDENT ACTION PRESERVED: Each party reserves the right to
contract independently for the acquisition of goods or services without notice to the other party and
shall not bind or otherwise obligate the other party to participate in the activity.
6.COMPLIANCE WITH LEGAL REQUIREMENT: Each party accepts responsibility for compliance with
federal, state or local laws and regulations including, in particular, bidding requirements applicable to
its acquisition of goods and services.
7.FINANCING: The method of financing of payment shall be through budgeted funds or other available
funds of the party for whose use the property is actually acquired or disposed. Each party accepts no
responsibility for the payment of the acquisition price of any goods or services intended for use by the
other party.
8.FILING: Executed copies of this agreement shall be filed as required by Section 39.34.040 of the
Revised Code of Washington prior to this agreement becoming effective.
1
Interlocal Agreement
Page 19 of 42
9. INTERLOCAL COOPERATION DISCLOSURE: Each party may insert in its solicitations for goods a
provision disclosing that other authorized governmental agencies may also wish to procure the goods
being offered to the party and allowing the bidder the option of extending its bid to other agencies at
the same bid price, terms and conditions.
10. NON-DELEGATION/NON-ASSIGNMENT: Neither party may delegate the performance of any
contractual obligation, to a third party, unless mutually agreed in writing. Neither party may assign
this agreement without the written consent of the other party.
11. HOLD-HARMLESS: Each government party purchasing using a contract let by another government
party shall be solely responsible for negligent or wrongful acts arising out of or related to its use of the
contract, and shall defend and indemnify the party which awarded the original contract from any
claim, cost or expense, including reasonable attorney's fees, arising there from, except that the party
which awarded the original contract shall defend, indemnify and hold harmless other government
parties using the contract from any claim, cost or expense, including attorney's fees, caused by or
related to the originally awarding party's erroneous representation to the using party that the original
award of the contract complied with the requirements of RCW 39.34.030(5)(b) as now or hereafter
amended.
12. SEVERABILITY: Any provision of this agreement, which is prohibited or unenforceable, shall be
ineffective to the extent of such prohibition or unenforceability, without invalidating the remaining
provisions or affecting the validity or enforcement of such provisions.
APPROVED: CITY OF PASCO APPROVED: CITY OF TACOMA
Printed name
Patsy Best Date
Procurement and Payables Manager
Signature Date APPROVED AS TO FORM:
Title Martha Lantz Date
Deputy City Attorney
Signature (if needed) Date Andrew Cherullo
Director of Finance Date
Title
2
Interlocal Agreement
Page 20 of 42
AGENDA REPORT
FOR: City Council April 17, 2017
TO: Dave Zabell, City Manager
Rick Terway, Interim Public Works Director
Workshop Meeting: 4/24/17
FROM: Dan Ford, City Engineer
Public Works
SUBJECT: Bid Award: Traffic Signal Improvements - City Wide Phase 1
I. REFERENCE(S):
Vicinity Map
Bid Tabulation
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
Discussion
III. FISCAL IMPACT:
$1,212,028 - Surface Transportation Program (STP) and Transportation Alternatives
Program (TAP) federal grants
$ 300,000 - Traffic Impact Fees and Arterial Street Fund, for local match grant
requirements and coverage of remaining balance
$1,512,028 - Total
IV. HISTORY AND FACTS BRIEF:
This project originally began as a single, but larger, Citywide Traffic Signal
Improvements Project. City Council approved the division of the project into two
phases at the January 4, 2016 Regular Meeting after Benton Franklin Council of
Governments' (BFCOG) request to do so due to their over-obligations of Surface
Transportation Program (STP) funds in previous years. This project, Phase 1 includes
upgrades to 11 signalized intersections that were identified to have no right-of-way
impacts. Phase 2 includes upgrades to 22 signalized intersections and is anticipated to
start in 2018 depending on funding.
Page 21 of 42
The project scope for this project, Phase 1 include five signalized intersections along
Court Street corridor, five along Lewis Street corridor, and one on Clark Street. This
project includes traffic signal upgrades, including new cabinets, controllers, detection
system, and emergency preemption system. It also includes upgrades to the
intersections including pedestrian signals by providing accessibility that meets current
ADA requirements. These much needed upgrades will also help reduce traffic delays,
improve left turn safety with flashing yellow arrow signals, improve emergency
response times, and provide better corridor coordination improving travel times.
V. DISCUSSION:
On April 11, 2017, the City received three (3) bids for the project. The lowest bid was
from Sierra Electric, Inc., in the amount of $1,399,982. The Engineer's Estimate was
$1,317,205, which did not include project management and inspection hours taken into
consideration for total project budget approved by Council of $1,442,000.
This project is included in the City's 2017-2022 Capital Improvements Plan. After
award of the contract, the starting date of construction will be coordinated with the
contractor. The project includes 40 working days for completion.
Staff reviewed the bid submittal and found no exceptions or irregularities and,
therefore, recommends award of the contract to Sierra Electric, Inc., of Pasco,
Washington.
Page 22 of 42
TRAFFIC SIGNAL IMPROVEMENTS
CITY WIDE PHASE 1
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Page 23 of 42
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Page 24 of 42
AGENDA REPORT
FOR: City Council April 13, 2017
TO: Dave Zabell, City Manager Workshop Meeting: 4/24/17
FROM: Stan Strebel, Deputy City Manager
Executive
SUBJECT: PMC Amendment Regarding Revocation of Business License
I. REFERENCE(S):
Proposed Ordinance
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
Discussion
III. FISCAL IMPACT:
IV. HISTORY AND FACTS BRIEF:
The Pasco Municipal Code currently provides procedures for the revocation of a
business license. While staff cannot recall an instance within the last 15+ years in
which a business license has been revoked, the PMC outlines a number of instances
where such may be necessary. The code provides the City Council as the primary body
to decide on a license revocation, except in limited circumstances (with 72 hours of
issuance) where the City Manager may revoke subject to appeal to the Council.
A business license, when issued, becomes a property interest and is therefore subject to
certain protections. A proceeding to consider revocation or cancellation of a property
interest must be conducted under strict guidelines and, given rules of evidence and the
probable appearance of witnesses, requirement of a court reporter; the process can be
time consuming and procedural very complex.
The City Attorney advises that in today's climate, such a proceeding would be difficult
to conduct within a typical City Council meeting and would require considerable
advanced preparation on the part of Council, staff and from a facility logistics
standpoint. In contrast, the City's Hearing Examiner regularly operates under these
conditions for matters such as; administrative, land use, animal, seizure and forfeiture
cases/decisions.
Page 25 of 42
Accordingly, it is recommended that this responsibility be assigned to the City's
Hearing Examiner. Settings where a a person or corporation's property interest, in the
form of a business license and perhaps livelihood, are at stake, are often charged by
politics or passion, and can serve as a prelude to future litigation. As the result of
extensive training, experience and the nature of the position, the Hearing Examiner is
able to conduct such hearings in a more judicial and formal setting.
V. DISCUSSION:
As there is currently no specific license issue before the City, the attorney recommends
that the proposed changes be adopted now in order to protect the City from potential
problems and complications that could arise in the future given the current PMC
provisions.
Page 26 of 42
Ordinance – Hearing Examiner
Page 1 of 6
ORDINANCE NO.__________
AN ORDINANCE of the City of Pasco, Washington Amending PMC
2.19.080 “Powers” of the Hearing Examiner; Amending PMC 5.04.110
“Revocation of License” providing for an appeal hearing before the Hearing
Examiner; Amending PMC 5.04.115 “Reinstatement Procedures and Standards
for Reviewing an Application for Reinstatement” (and Business License); and
Amending PMC 11.02.010 “Applicability of Chapter.”
WHEREAS, the City of Pasco, as authorized by Washington law, has pursuant to
Chapter 2.19 PMC, adopted the Hearing Examiner’s system for the purpose of conducting public
hearings and rendering decisions for recommendation by a professional trained Hearing
Examiner to provide an efficient and reliable process for adjudication of claims; and
WHEREAS, the present business code (PMC 5.04.110), presently provides that a
revocation of a business license and the hearing of any appeal thereof, be before the City
Council; and
WHEREAS, revocation of hearings and appeals may be more efficiently heard before a
Hearing to permit the Council to better address its primary policy making and administration
responsibilities and reduce potential liability exposure for quasi-judicial decisions. NOW,
THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN
AS FOLLOWS:
Section 1. That Section 2.19.080 entitled "Powers” regarding the Hearing Examiner
for the City of Pasco of the Pasco Municipal Code shall be and hereby is amended and shall read
as follows:
2.19.080 POWERS. The examiner shall receive and examine available
information, conduct public hearings and prepare a record thereof, and enter decisions as
provided for herein. The examiner, subject to the appropriate conditions and safeguards as
provided by the Pasco Municipal Code, shall hear and decide:
A) Land use decisions including variances, review of administrative actions, waiver
of violations, extension of use on border of district, and administrative exceptions as provided in
PMC 25.84.020.
B) Administrative Decisions. Appeals of administrative decisions or determinations
may be heard by the examiner as directed by the City Manager, City Council or by Ordinance.
C) SEPA Appeals. Appeals or administrative decisions and determinations made
pursuant to Chapter 43.21C RCW may be heard by the examiner.
D) Vehicle Impounds. The examiner shall conduct vehicle impound hearings as
provided in PMC Chapter 10.18.
Page 27 of 42
Ordinance – Hearing Examiner
Page 2 of 6
E) Criminal Seizure and Forfeiture Hearings. The examiner may, as designee of the
Chief Law Enforcement Officer of the City of Pasco, conduct seizure and forfeiture hearings as
provided in RCW 10.105.010.
F) Animal Code - - Wild, Potentially Dangerous or Dangerous Animals. The
examiner shall hear the appeal of any owner of an animal determined by the Poundma ster to be a
dangerous or potentially dangerous animal as provided in Chapter 8.02 of the Pasco Municipal
Code.
G) Hear revocations, appeals, and requests for reinstatement of business licenses
under Title 5 PMC.
GH) Other Powers. In the performance of duties prescribed by this Chapter or other
ordinances, examiners may:
1) Administer oaths and affirmations, examine witnesses, rule upon offers of
proof, receive relevant evidence, and conduct discovery procedures which may include
propounding interrogatories and taking oral depositions pursuant to Washington State
Court Rules; PROVIDED, that no person shall be compelled to divulge information
which he could not be compelled to divulge in a court of law.
2) Upon the request of any other party, or upon his own volition, issue, and
cause to be served subpoenas to the attendance of witnesses and for production of
examination of any books, records, or other information in the possession or under the
control of any witness; PROVIDED, that such subpoenas shall state the name and address
of the witness sought, and if for production of books, documents or things, shall
specifically identify the same and the relevance thereof to the issues involved.
3) Regulate the course of the hearing in accordance with this and other
applicable ordinances.
4) Hold conferences for the settlement or simplification of the issues by
consent of the parties.
5) Dispose of procedural requests or similar matters.
6) Take any other action authorized by ordinance. In case of failure or
refusal without lawful excuse of any person duly subpoenaed to attend pursuant to said
subpoena, or to be sworn, or to answer any material and proper question, or to produce
upon reasonable notice any material of proper books or records or other information in
his possession and under his control, the examiner may invoke the aid of the City
Attorney who shall apply to the appropriate court for an order or other court action
necessary to secure enforcement of the subpoena.
7) The examiner is hereby empowered to act in lieu of the Board of
Adjustment, and such officials, boards or commissions as may be assigned. Wherever
existing ordinances, codes or policies authorize or direct the Board of Adjustment, or
Page 28 of 42
Ordinance – Hearing Examiner
Page 3 of 6
other officials, boards or commissions to undertake certain activities which the examiner
has been assigned, such ordinances, codes or policies shall be construed to refer to the
examiner.
Section 2. That Section 5.04.110 entitled “Revocation of License” regarding the
revocation of business license of the Pasco Municipal Code shall be and hereby is amended and
shall read as follows:
5.04.110 REVOCATION OF LICENSE.
A) The City Council Manager may revoke any license issued under this Title after it
has been issued, or any person’s privilege to do business in the City of Pasco, when after
investigation by City staff, any one or more of the following grounds are found to exist:
1) Illegal issuance of the permit.
2) Issuance of the permit without authority or power.
3) Issuance under an unauthorized ordinance or under an ordinance illegally
adopted.
4) Issuance in violation of an ordinance.
5) When the business license was procured by fraud or false representation of
facts.
6) When issued through mistake or inadvertence.
7) When the license application contains false or misleading statements,
evasions or suppression of material facts. (Ord. 2922 Sec. 1, 1993.)
B) Other grounds for revocation in addition to those stated in the previous subsection
are:
1) Substantial violations of the terms and condition on which a license or
permit is issued.
2) Violation of ordinances or law authorizing or regulating the license or
permit, or regulating the business, activity or thing for which it is issued.
3) Conviction of infractions of or offenses under such an ordinance or law.
4) Wrongful behavior of a substantial character and of a public concern in
relation to the licensed activity.
5) When reasonably necessary in the interest of protection of the public
health, safety, peace, or welfare.
Page 29 of 42
Ordinance – Hearing Examiner
Page 4 of 6
6) When a business becomes an instrument of or a cover for public disorder,
crime, or other danger to public safety, morals or health. (Ord. 2675 Sec. 1, 1988.)
C) Before any such license or licensing privilege shall be canceled or revoked, the
holder of such license or privilege shall be given two weeks’ notice of a hearing to be held by the
City Council before the City Hearing Examiner at which time the applicant must show cause
why such license and for privilege to do business should not be revoked. The notice to be given
to the applicant must state the grounds and the reasons for the forfeiture and revocation and also
the date set for the hearing thereon. PROVIDED, HOWEVER, the City Manager may deny the
issuance of a license or immediately revoke the license of any business for any of the grounds set
forth, when any such license has been issued for a period of less than 72 hours; any such
determination by the City Manager shall be deemed conclusive unless the applicant appeals to
the City Council Hearing Examiner within five (5) calendar days of notice of the revocation.
Pending any such appeal to the City Council Hearing Examiner, the business license shall remain
revoked or denied. (Ord. 2922 Sec. 1, 1993.)
D) The decision of the City Council Hearing Examiner to revoke a business license
or licensing privilege or to sustain the decision of the City Manager revoking a license on an
appeal, shall be supported by written findings of fact in support of the decision. Each decision of
the City Council Hearing Examiner to revoke a business license and/or business licensing
privilege shall set forth a minimum period of time for which the business license and/or business
licensing privilege is to be revoked. The minimum time period for the duration of the revocation
of a business license and/or the business licensing privilege shall be one (1) year unless the City
Council Hearing Examiner determines that extraordinary circumstances exist justifying a shorter
period of time, in which case the justification for such decision shall be set forth by the City
Council Hearing Examiner in writing. In determining the minimum time of the revocation
during which reinstatement of a business license and/or business license privilege shall not be
considered, the City Council Hearing Examiner will consider among other factors:
1) The degree of the person’s culpability and the conduct leading to the
revocation;
2) The criminal nature of the conduct, if any;
3) The conduct’s effect on the community; and
4) The licensee’s acceptance of the responsibility for their actions or
conversely their failure to accept responsibility or admit their wrongdoing (Ord. 2922
Sec. 1, 1993; Ord. 2569 Sec. 1, 1985; prior code Sec. 3-1.64.)
Section 3. That Section 5.04.115 entitled “Reinstatement Procedures and Standards
for Reviewing an Application for Reinstatement” regarding business license of the Pasco
Municipal Code shall be and hereby is amended and shall read as follow:
Page 30 of 42
Ordinance – Hearing Examiner
Page 5 of 6
5.04.115 REINSTATEMENT PROCEDURES AND STANDARDS FOR
REVIEWING AN APPLICATION FOR REINSTATEMENT.
A) Procedures. At any time following the minimum time period for revocation of a
business license and/or business licensing privilege set forth by the City Council Hearing
Examiner in their decision to revoke a license and/or business licensing privilege, reinstatement
of the license and/or licensing privilege may be sought utilizing the following procedures:
1) A written application shall be completed on a form available from the City
Clerk.
2) The application when completed shall be filed with the City Clerk, with a
copy to the City Attorney and the City Manager.
3) The City Council Hearing Examiner shall set forth a public hearing date
with at least two (2) weeks’ notice to the applicant to consider the application for
reinstatement.
4) The public hearing shall be advertised by the City Clerk in a newspaper of
general circulation in the City of Pasco at least once and at least five (5) days prior to the
public hearing.
5) At the public hearing, the City Council Hearing Examiner shall receive
testimony from the applicant, City Staff and interested members of the public.
6) Upon conclusion of the public hearing the City Council Hearing Examiner
shall decide, by motion, whether to approve the application for reinstatement with or
without conditions, or to deny the application for reinstatement. or not to grant approval
of the application. Approval of the application shall require an affirmative vote by a
majority of the members of the City Council present and voting on the application.
7) All approvals or denials of an application shall be supported by written
findings of fact.
B) Standards for Review. In making their determination on an application for
reinstatement of a business license and/or the business licensing privilege, the City Council
Hearing Examiner shall consider all relevant factors brought to their attention, which shall
include:
1) The time since the revocation action was taken;
2) The degree of applicant’s culpability and the conduct leading to the
revocation and the criminal nature of the conduct, if applicable;
3) The effect on the community of the conduct leading to the revocation of
the licensing privilege and any lingering effects still experienced by the community;
Page 31 of 42
Ordinance – Hearing Examiner
Page 6 of 6
4) The steps taken by the applicant to reform him/herself or insure that if
placed in a similar business ownership position, he/she would not revert to the prior
conduct which lead to the revocation of his/her license and/or business licensing
privilege; and
5) Any additional means by which the applicant can demonstrate to the
Council Hearing Examiner that if allowed a new business license, the prior wrongful
conduct would not reoccur. (Ord. 3394 Sec. 1, 1999; Ord. 2922 Sec. 2, 1993.)
Section 4. That Section 11.02.010 entitled “Applicability of Chapter” regarding
violations and procedures for code enforcement of the Pasco Municipal Code shall be and hereby
is amended and shall read as follows:
11.02.010 APPLICABILITY OF CHAPTER. The provisions of this Chapter shall
apply to enforcement of Title 5 (excluding Sections 5.04.110 – Revocation of License, Section
5.04.115 – Reinstatement Procedures and Standards for Reviewing an Application for
Reinstatement, Chapters 5.12 – Pawnbrokers and Second-Hand Dealers and 5.46 – Private
Detective Agencies, Private Detectives, Private Security Guards, and Private Security
Companies), Title 6 – Health and Sanitation, Chapter 10.52 – Parking, Title 12 – Streets and
Sidewalks, Title 13 – Water and Sewers, Title 16 – Building Code, Title 17 – Sign Code, Title 19
– Mobile Homes, Title 25 - Zoning, and Chapters 8.02 (excepting Sections 8.02.130, 8.02.170
and 8.02.320 – Animal Control), 9.60 – Public Nuisances, 9.61 – Noise Regulation, 9.62 –
abandoned Vehicles and Vehicle Hulks, and 9.63 – Chronic Nuisances. The Code Enforcement
Board is also designated as the “Improvement Board” for the purposes of RCW 35.80.030. (Ord.
4289, 2016; Ord. 4017, 2011; Ord. 3534 Sec. 2, 2002; Ord. 3190 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 32 of 42
AGENDA REPORT
FOR: City Council April 19, 2017
TO: Dave Zabell, City Manager Workshop Meeting: 4/24/17
FROM: Stan Strebel, Deputy City Manager
Executive
SUBJECT: Council Voting Districts
I. REFERENCE(S):
Court Approved Map (Mission 8)
Proposed Map Changes
Proposed Revised Map
Proposed Ordinance
Proposed County Precinct Map
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
Discussion
III. FISCAL IMPACT:
IV. HISTORY AND FACTS BRIEF:
Following the Federal Court's approval of the City's proposed Council District Plan,
Mission 8, in late January, staff provided a copy to the County Auditor for a
determination as to whether the Auditor would be able to revise voting precincts to
accommodate the new districts or if splits in precincts (as created by the Court ordered
plan) would remain to work around.
The Auditor has a number of considerations to make in addition to balancing the
number of registered voters. These include the ability to draw discernable boundary
lines for districts for state legislative seats as well as those for County Commissioners,
PUD Directors, etc.
As staff recently met with the Auditor's staff to review the results of their analysis, it
was reported that, with a few small adjustments to the adopted Pasco Council District
boundaries, the Auditor could align voting precincts and the necessary district
boundary lines for the several elected officials without the need to have split precincts
Page 33 of 42
going forward.
With the ability to describe the City Council Districts in terms of precinct numbers, the
City's ordinance which describes boundaries is greatly simplified and there is much
less prospect for error or misunderstanding.
In order to facilitate the Auditor’s efforts in realigning precincts, four minimal changes
are suggested:
1. Precinct 25. This precinct has been bisected by I-182. The north portion of the
precinct contains only the small golf course on Port of Pasco property. There
are no residential properties located in this portion of the precinct. The
demographers who prepared the Mission 8 map included the north portion of
the precinct, above the interstate, in District 3 and the south portion in District 5
in order to show cleaner boundaries. Maintaining the golf course property in
District 5 will assist the Auditor with precinct/boundary lines and will have no
effect on voters in the City.
2. A small piece of residential property, 10 lots, has historically been in precinct 1.
Located east of Cedar Avenue and north of Highland Street, the parcel was split
into two different census blocks before it was developed. This resulted in the
demographer using the census boundary to draw the Mission 8 map even
though now, with development of the property into residential units, the census
boundary cuts through houses and lots. The most logical solution is to shift this
small neighborhood into District 2. The population and registered voter shift
represented by 10 homes is insignificant; however, the neighborhood will,
following the shift, be in the same district as virtually the entire balance of its
larger neighborhood. This shift will also assist the Auditor with its precinct and
boundary lines.
3. Kahlotus Highway. This property was part of a fairly recent annexation, is
zoned industrial and contains no residential properties. The demographer drew
a line to include the area in District 3, using the natural boundary of the
Kahlotus Highway. The Auditor relies upon a precinct boundary line along
Dietrich Road to better define boundaries for other jurisdictions. Moving this
parcel from District 3 to District 2 will have no effect on voters in the City.
4. Donut Hole--Precinct, city limit lines and census block differences. The
Auditor has maintained voting precincts in and around the so-called donut hole
to identify in-City voters and unincorporated area voters. City annexations do
not typically follow precinct lines but are usually drawn along street or property
lines. Minor boundary discrepancies with City limits/districts, census blocks
and precincts can be seen in this general area in the Mission 8 map which was
developed using census block boundaries. The proposed corrections provide
for precinct realignment in light of recently revised City limit lines, due to
annexation. No voters are moved from the District originally designated, the
lines are merely drawn to correspond together accurately.
As indicated earlier, the ability to describe Council Districts by precinct greatly
simplifies the City's ordinance which establishes district boundaries. The attached,
Page 34 of 42
proposed Ordinance incorporates new district descriptions based on the new precincts.
(The County Commission is expected to formally approve the new precincts on April
26.)
Council will recall that the Federal Court retained jurisdiction in the case with the
ACLU until 45 days after certification of the results of the 2017 election. For this
reason, the City Attorney has advised that it is important that the City petition the
Court, preferably, jointly with the ACLU, to consent to these minor changes and
facilitate the work of the Auditor in conducting the City's, as well as other upcoming
elections.
V. DISCUSSION:
It is hoped that the changes can be formally approved prior to the beginning of the
formal filing period on May 15.
Page 35 of 42
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Page 38 of 42
ORDINANCE NO.________
AN ORDINANCE of the City of Pasco, Washington amending Chapter
1.10 of the Pasco Municipal Code regarding “Voting Districts.”
WHEREAS, The American Civil Liberties Union (ACLU) of Washington, in March
2016, notified the City that it believed the City’s then election system violated the federal Voting
Rights Act (VRA); and
WHEREAS, following a lawsuit filed by the ACLU, the City and ACLU jointly entered
a proposed a “Partial Consent Decree” which identified the likely violation of the VRA and
sought to establish jurisdiction of the Federal Court to order an appropriate remedy to address the
violation; and
WHEREAS, on September 2, 2016 Judge Lonny Suko of the United States District
Court for the Eastern District of Washington granted the Partial Consent Decree thereby ordering
that the City must, in order to remedy a violation of Section 2 of the Federal Voting Rights Act,
implement a new election system; and
WHEREAS, the City Council held, after due notice, a public hearing on September 6 to
take comments and evaluate the options for district-based voting and the Council determined that
the six-district/one at-large alternative was preferred due to its providing three Latino citizen
voter-age majority districts, the same number as possible under the ACLU’s preferred seven
district plan; and
WHEREAS, on October 3, 2016, the City Council held, after due notice, a public
hearing on the six-district plan boundary alternatives, to receive and consider public comment on
the alternative boundary plans; and
WHEREAS, the Council, after due and deliberate consideration, adopted Ordinance No.
4315, establishing a six-district/one at-large plan for City Council elections; and
WHEREAS, on January 27, 2017 Judge Suko issued an order approving the City
Council election plan as submitted; and
WHEREAS, the Franklin County Auditor, in order to efficiently conduct elections for
several jurisdictions where each jurisdiction contains a number of district boundaries, has
requested that minor adjustments be made to Pasco’s City Council District boundaries, in order
to simplify and minimize disruption in the boundaries for districts in other jurisdictions in the
creation of the voting precincts essential to the conduct of elections; and
WHEREAS, the City Council has determined that the adjustments affect only a limited
number of potential voters and maintain the intent and purpose of the six-district/one at-large
plan as approved by the Federal Court; and
WHEREAS, in the January 27, 2017 order, Judge Suko retained the Court’s jurisdiction
over the City’s voting districts until 45 days after certification of the November 2017 election
results; and
Page 39 of 42
WHEREAS, the City and the ACLU have jointly petitioned the Court for approval of the
district boundary adjustments requested by the County Auditor; and
WHEREAS,
NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DOES
ORDAIN AS FOLLOWS:
Section 1. That Section 1.10.020 entitled “District One” of the Pasco Municipal Code,
shall be and hereby is amended to read as follows:
1.10.020 DISTRICT ONE. Voting district one shall encompass the area within the City
of Pasco comprised of precinct numbers five, nine, ten, fourteen and fifteen (5, 9, 10, 14 and 15);
as those precincts are described on the maps and property descriptions on file with the Auditor of
Franklin County.
Section 2. That Section 1.10.030 entitled “District Two” of the Pasco Municipal Code,
shall be and hereby is amended to read as follows:
1.10.030 DISTRICT TWO. Voting district two shall encompass the area within the City
of Pasco comprised of precinct numbers two, three, thirteen, seventeen and eighteen (2, 3, 13, 17
and 18); as those precincts are described on the maps and property descriptions on file with the
Auditor of Franklin County.
Section 3. That Section 1.10.040 entitled “District Three” of the Pasco Municipal Code,
shall be and hereby is amended to read as follows:
1.10.040 DISTRICT THREE. Voting district three shall encompass the area within the
City of Pasco comprised of precinct numbers one, eight, twenty-two, twenty-three, twenty-four,
thirty-two, thirty-three, thirty-four, thirty-five, thirty-seven, thirty-eight, thirty-nine, forty-two,
forty-three, forty-four and one-hundred and two (1, 8, 22, 23, 24, 32, 33, 34, 35, 37, 38, 39, 42,
43, 44 and 102); as those precincts are described on the maps and property descriptions on file
with the Auditor of Franklin County.
Section 4. That Section 1.10.050 entitled “District Four” of the Pasco Municipal Code,
shall be and hereby is amended to read as follows:
1.10.050 DISTRICT FOUR. Voting district four shall encompass the area within the City
of Pasco comprised of precinct numbers forty, forty-five, forty-six, forty-seven, fifty, fifty-one
fifty-two, fifty-three, fifty-four and fifty-five (40, 45, 46, 47, 50, 51, 52, 53, 54, and 55); as those
precincts are described on the maps and property descriptions on file with the Auditor of
Franklin County.
Page 40 of 42
Section 6. That Section 1.10.060 entitled “District Five” of the Pasco Municipal Code,
shall be and hereby is amended to read as follows:
1.10.060 DISTRICT FIVE. Voting district five shall encompass the area within the City
of Pasco comprised of precinct numbers nineteen, twenty, twenty-one, twenty-five, twenty-six,
twenty-seven, twenty-eight, twenty-nine, thirty, thirty-one, thirty-six, forty-one, forty-eight,
forty-nine, fifty-six, fifty-seven, fifty-eight, fifty-nine, sixty, sixty-two, sixty-three, sixty-five,
sixty-six, and sixty-seven (19, 20, 21, 25, 26, 27, 28, 29, 30, 31, 36, 41, 48, 49, 56, 57, 58, 59,
60, 62, 63, 65, 66 and 67); as those precincts are described on the maps and property
descriptions on file with the Auditor of Franklin County.
Section 7. That Section 1.10.070 entitled “District Six” of the Pasco Municipal Code,
shall be and hereby is amended to read as follows:
1.10.070 DISTRICT SIX. Voting district six shall encompass the area within the City of
Pasco comprised of precinct numbers four, six, seven, eleven, twelve and sixteen (4, 6, 7, 11, 12
and 16); as those precincts are described on the maps and property descriptions on file with the
Auditor of Franklin County.
Section 8. This ordinance shall take full force and effect five 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 41 of 42
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