Loading...
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 COL U M B I A R I V E R COURT ST SYLVESTER ST "A" STREET CLAR K S T US - 3 9 5 I-182 26 T H A V E 20 T H A V E 14 T H A V E 5T H A V E 4T H A V E LEWIS S T 1 0 T H A V E 7 T H A V E B N S F WE H E A V E Page 23 of 42 CO M P E T I T I V E B I D S W E R E O P E N E D O N A P R I L 1 1 , 2 0 1 7 . AL L B I D S H A V E B E E N R E V I E W E D B Y T H I S O F F I C E . I R E C O M M E N D T H E C O N T R A C T B E A W A R D E D T O : DA T E C I T Y E N G I N E E R D A T E P U B L I C W O R K S D I R E C T O R AP P R O V A L B Y P U B L I C W O R K S D I R E C T O R FILE: BID DATE: APRIL 11, 2017 City Wide Phase 1 Bid Summary.pub SHEET of 1 1 Si e r r a E l e c t r i c , I n c . Contract No.: CP5-ST-4A-13-03 Fed. Aid No.: STPUL-9911(010) CI T Y E N G I N E E R S R E P O R T CITY OF PASCO Traffic Signal Improvements—City Wide Phase 1 Project No. 13006 BI D S U M M A R Y Tr a f f i c S i g n a l I m p r o v e m e n t s - C i t y W i d e P h a s e 1 EN G I N E E R ' S E S T I M A T E Si e r r a E l e c t r i c , I n c . Northeast Electric, LLC Transportation Systems, Inc Pr o j e c t N o . 1 3 0 0 6 Pasco, WA Woodland, WA Sumner, WA Ci t y C o n t r a c t N u m b e r : C P 5 - S T - 4 A - 1 3 - 03 F e d . A i d N o . : S T P U L - 9 9 1 1 ( 0 1 0 ) It e m Bi d S e c u r i t y 5% Bid Bond 5% Bid Bond 5% Bid Bond No . IT E M Q T Y UN I T UN I T P R I C E A M O U N T UN I T P R I C E A M O U N T UNIT PRICE AMOUNT UNIT PRICE AMOUNT 1 M o b i l i z a t i o n 1 L S $9 0 , 0 0 0 . 0 0 $ 9 0 , 0 0 0 . 0 0 $6 9 , 1 6 0 . 0 0 $ 6 9 , 1 6 0 . 0 0 $125,000.00 $125,000.00 $150,000.00 $150,000.00 2 R e m o v i n g P l a s t i c L i n e 21 5 L F $2 . 0 0 $ 4 3 0 . 0 0 $5.60 $1,204.00 $5.00 $1,075.00 $6.00 $1,290.00 3 R e m o v i n g P l a s t i c C r o s s w a l k L i n e 99 0 S F $2 . 5 0 $ 2 , 4 7 5 . 0 0 $6.70 $6,633.00 $6.00 $5,940.00 $5.50 $5,445.00 4 P l a s t i c S t o p L i n e 18 0 L F $1 5 . 0 0 $ 2 , 7 0 0 . 0 0 $15.00 $2,700.00 $13.00 $2,340.00 $11.00 $1,980.00 5 P l a s t i c C r o s s w a l k L i n e 12 3 0 S F $1 0 . 0 0 $ 1 2 , 3 0 0 . 0 0 $18.00 $22,140.00 $16.00 $19,680.00 $12.00 $14,760.00 6 S i g n a l M o d i f i c a t i o n s C o m p l e t e , W C o u r t S t a n d N 4 t h A v e n u e 1 L S $8 5 , 4 5 0 . 0 0 $ 8 5 , 4 5 0 . 0 0 $1 0 2 , 7 2 3 . 0 0 $ 1 0 2 , 7 2 3 . 0 0 $98,778.00 $98,778.00 $107,000.00 $107,000.00 7 S i g n a l M o d i f i c a t i o n s C o m p l e t e , W C o u r t S t a n d N 5 t h A v e n u e 1 L S $9 7 , 3 0 0 . 0 0 $ 9 7 , 3 0 0 . 0 0 $1 0 8 , 2 2 5 . 0 0 $ 1 0 8 , 2 2 5 . 0 0 $105,305.00 $105,305.00 $107,660.00 $107,660.00 8 S i g n a l M o d i f i c a t i o n s C o m p l e t e , W C o u r t S t a n d N 1 0 t h A v e n u e 1 L S $8 2 , 3 0 0 . 0 0 $ 8 2 , 3 0 0 . 0 0 $9 0 , 7 0 9 . 0 0 $ 9 0 , 7 0 9 . 0 0 $90,418.00 $90,418.00 $97,000.00 $97,000.00 9 S i g n a l M o d i f i c a t i o n s C o m p l e t e , W C o u r t S t a n d N 1 4 t h A v e n u e 1 L S $9 0 , 9 0 0 . 0 0 $ 9 0 , 9 0 0 . 0 0 $1 0 4 , 0 4 2 . 0 0 $ 1 0 4 , 0 4 2 . 0 0 $102,726.00 $102,726.00 $100,439.00 $100,439.00 10 S i g n a l M o d i f i c a t i o n s C o m p l e t e , W C o u r t S t a n d N 2 6 t h A v e n u e 1 L S $9 4 , 3 0 0 . 0 0 $ 9 4 , 3 0 0 . 0 0 $1 0 9 , 7 8 5 . 0 0 $ 1 0 9 , 7 8 5 . 0 0 $105,606.00 $105,606.00 $107,000.00 $107,000.00 11 S i g n a l M o d i f i c a t i o n s C o m p l e t e , W C l a r k S t a n d N 4 t h A v e n u e 1 L S $1 1 1 , 6 0 0 . 0 0 $ 1 1 1 , 6 0 0 . 0 0 $1 2 4 , 0 6 3 . 0 0 $ 1 2 4 , 0 6 3 . 0 0 $123,780.00 $123,780.00 $119,985.00 $119,985.00 12 S i g n a l M o d i f i c a t i o n s C o m p l e t e , E L e w i s S t a n d S W e h e A v e n u e 1 L S $1 0 8 , 0 0 0 . 0 0 $ 1 0 8 , 0 0 0 . 0 0 $1 2 2 , 1 5 8 . 0 0 $ 1 2 2 , 1 5 8 . 0 0 $123,806.00 $123,806.00 $119,472.00 $119,472.00 13 S i g n a l M o d i f i c a t i o n s C o m p l e t e , W L e w i s S t a n d N 4 t h A v e n u e 1 L S $1 1 4 , 8 0 0 . 0 0 $ 1 1 4 , 8 0 0 . 0 0 $1 2 8 , 3 7 0 . 0 0 $ 1 2 8 , 3 7 0 . 0 0 $124,777.00 $124,777.00 $122,970.00 $122,970.00 14 S i g n a l M o d i f i c a t i o n s C o m p l e t e , W L e w i s S t a n d N 5 t h A v e n u e 1 L S $1 1 1 , 2 0 0 . 0 0 $ 1 1 1 , 2 0 0 . 0 0 $1 2 6 , 1 8 4 . 0 0 $ 1 2 6 , 1 8 4 . 0 0 $123,266.00 $123,266.00 $120,913.00 $120,913.00 15 S i g n a l M o d i f i c a t i o n s C o m p l e t e , W L e w i s S t a n d N 7 t h A v e n u e 1 L S $1 1 0 , 6 5 0 . 0 0 $ 1 1 0 , 6 5 0 . 0 0 $1 2 2 , 1 1 9 . 0 0 $ 1 2 2 , 1 1 9 . 0 0 $122,202.00 $122,202.00 $113,000.00 $113,000.00 16 S i g n a l M o d i f i c a t i o n s C o m p l e t e , W L e w i s S t a n d N 1 0 t h A v e n u e 1 L S $1 0 5 , 8 0 0 . 0 0 $ 1 0 5 , 8 0 0 . 0 0 $1 2 3 , 8 0 7 . 0 0 $ 1 2 3 , 8 0 7 . 0 0 $120,662.00 $120,662.00 $118,056.00 $118,056.00 17 P r o j e c t T e m p o r a r y T r a f f i c C o n t r o l 1 L S $9 0 , 0 0 0 . 0 0 $ 9 0 , 0 0 0 . 0 0 $3 0 , 8 0 0 . 0 0 $ 3 0 , 8 0 0 . 0 0 $56,000.00 $56,000.00 $93,700.00 $93,700.00 18 C e m e n t C o n c . S i d e w a l k 8 S Y $2 2 5 . 0 0 $ 1 , 8 0 0 . 0 0 $170.00 $1,360.00 $200.00 $1,600.00 $500.00 $4,000.00 19 C e m e n t C o n c . C u r b R a m p T y p e P e r p e n d i c u l a r A 2 E A $2 , 3 5 0 . 0 0 $ 4 , 7 0 0 . 0 0 $1 , 6 5 0 . 0 0 $ 3 , 3 0 0 . 0 0 $2,200.00 $4,400.00 $12,500.00 $25,000.00 20 S P C C P l a n 1 L S $5 0 0 . 0 0 $ 5 0 0 . 0 0 $500.00 $500.00 $2,500.0 0 $2,500.0 0 $2,000.00 $2,000.00 To t a l B i d : $ 1 , 3 1 7 , 2 0 5 . 0 0 $1,399,982.00 $1,459,861.00 $1,531,670.00 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 42 001 002 008 058 004 049 039 102 032 047 062 041 037 059 013 046 067 066 051 048 036 017 040 065 003 063 018 045 023 006 035 050 024 022 055 015 012 016020 031 005 056 053 026 044 027 033 043 057 019 052 025 007 034 011 038 029 054 042 009 021 014010 060 030 028 Precinct 1 2 3 4 5 6 Pasco Mission 8 Precinct Map P a g e 3 6 o f 4 2 Ci t y o f P a s c o C o u n c i l D i s t r i c t s Ap r i l 2 0 1 7 Pr o p o s e d C h a n g e s Co u n c i l V o t i n g D i s t r i c t s : Pa s c o C o u n c i l D i s t r i c t 1 Pa s c o C o u n c i l D i s t r i c t 2 Pa s c o C o u n c i l D i s t r i c t 3 Pa s c o C o u n c i l D i s t r i c t 4 Pa s c o C o u n c i l D i s t r i c t 5 Pa s c o C o u n c i l D i s t r i c t 6 1) M o v e G o l f C o u r s e Dr i v i n g R a n g e ( n o re g i s t e r e d v o t e r s ) fr o m D i s t r i c t 3 t o Di s t r i c t 5 . 3) Move Industrial Area (no registered voters) from District 3 to District 2.2) Move 10 residential parcels from District 3 to District 2. 4) N O T E : C o u n c i l Di s t r i c t 5 B o u n d a r i e s to a l i g n w i t h C i t y L i m i t Li n e s , r a t h e r t h a n 20 1 0 C E N S U S B l o c k s Page 37 of 42 Pr o p o s e d C i t y o f P a s c o C o u n c i l D i s t r i c t s Ap r i l 2 0 1 7 Co u n c i l V o t i n g D i s t r i c t s : Pa s c o C o u n c i l D i s t r i c t 1 Pa s c o C o u n c i l D i s t r i c t 2 Pa s c o C o u n c i l D i s t r i c t 3 Pa s c o C o u n c i l D i s t r i c t 4 Pa s c o C o u n c i l D i s t r i c t 5 Pa s c o C o u n c i l D i s t r i c t 6 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 W C O U R T S T W C O U R T S T BU R N S R D I - 1 8 2 ROAD 100 I -1 8 2 BU R N S R D D E N T R D B Y E R S R D I R I S L N DE N T R D R I C H V I E W E A S Y S T ROAD 68 WE R N E T T R D ROAD 44 I -1 8 2BU R D E N B L V D SA N D I F U R P K W Y U S 3 9 5 L E W I S S T SY L V E S T E R S T I -1 8 2 WE R N E T T R D I- 1 8 2 20TH AVE A S T O R E G O N A V E W C O U R T S T 4TH AVE R A I L R O A D A V E U S 3 9 5 CAPITAL AVE R O A D 6 8 T A Y L O R CL A R K R D G L A D E N O R T H R D R A I L R O A D A V E U S 3 9 5 LEWIS STUS 1 2DIETRICH RD P A S CO KA H L O T U S R D S R I -1 8 2ALDERSON R DPASCO KA HE FOSTER WELLS RDBLASDEL RDVOSS #4 9 #6 7 #5 9 #6 0 #5 7 #6 8 #5 8 #6 6 #5 4 #5 6#5 2 #5 5 #5 3 #5 1 #6 5 #4 8 #6 4 #4 1 #6 3 #6 2 #1 0 3 #4 7 #1 0 4 #4 6 #4 5 #4 0 #3 9 #1 0 2 #4 4 #4 3 #4 2 #6 9 #3 8 #5 0 #3 7 #3 1 #3 6 #2 9 #3 0 #2 8 #6 1 #2 7 #2 6 #2 5 #2 1 #1 7 #1 8 #2 0 #1 9 #1 5 #1 6 #3 5 #3 4 #2 4 #3 3 #2 3 #2 2 #1 2 #1 3 #7 #1 1 #1 0 #1 4 #6 #9 #4 #5 #3 2 #7 3 #8 #7 0 #7 2 #1 #2#3 Fr a n k l i n C o u n t y R e g i o n a l I n f o r m a t i o n S y s t e m 10 1 6 N o r t h 4 t h A v e n u e Pa s c o , W a s h i n g t o n 9 9 3 0 1 Te l e p h o n e : ( 5 0 9 ) 5 4 5 - 3 5 8 5 F a x : ( 5 0 9 ) 5 4 6 - 5 8 7 1 DA T E P R I N T E D ht t p : / / w w w . c o . f r a n k l i n . w a . u s gi s @ c o . f r a n k l i n . w a . u s DI S C L A I M E R A N D T E R M S O F U S E : A l l i n f o r m a t i o n d e p i c t e d h e r e i n i s p r o v i d e d a s - is , w i t h n o w a r r a n t y , e x p r e s s e d o r i m p l i e d . N o g u a ra n t e e o f in f o r m a t i o n u s a b i l i t y , a c c u r a c y o r s u i t a b i l i t y i s i nf e r r e d , i m p l i e d , o r e x p r e s s e d . N e i t h e r F r a n k l i n C ou n t y Re g i o n a l I n f o r m a t i o n S y s t e m ( F R I S ) , n o r an y m e m b e r a g e n c y , s h a l l b e l i a b l e f o r a n y e r r o r o r e r r o r s w i t h i n , o r im p l i e d b y , t h e p r o v i d e d i n f o r m a t i o n . F R I S a n d i t s me m b e r a g e n c i e s s h a l l b e h e l d h a r m l e s s f o r a n y l o s s , di r e c t o r i n d i r e c t , i m m e d i a t e o r s u b s e q u e n t , r e l a t e d t o t h e u s e o f t h i s i n f o r m a t i o n o r a n y i n f o r m a t i o n d e r i v e d fr o m t h i s i n f o r m a t i o n . Th i s p r e s e n t a t i o n i s C o p y r i g h t 2 0 1 1 , F R I S , A l l R i g h ts R e s e r v e d . PR E L I M I N A R Y V O T I N G P R E C I N C T S LE G E N D VO T I N G P R E C I N C T S Co u n c i l D i s t r i c t 1 Co u n c i l D i s t r i c t 2 Co u n c i l D i s t r i c t 3 Co u n c i l D i s t r i c t 4 Co u n c i l D i s t r i c t 5 Co u n c i l D i s t r i c t 6 Page 42 of 42