HomeMy WebLinkAbout2018.01.22 Council Workshop PacketWorkshop Meeting
AGENDA
PASCO CITY COUNCIL
7:00 p.m.
January 22, 2018
Page
1. CALL TO ORDER:
2. ROLL CALL:
(a) Pledge of Allegiance
3. VERBAL REPORTS FROM COUNCILMEMBERS:
4. ITEMS FOR DISCUSSION:
(a) TRIDEC Presentation
Presented by Carl Adrian, President and CEO, TRIDEC
3 - 4 (b) Broadmoor Area Master Plan and Non-Project EIS
5 - 12 (c) Proposed Parking Restrictions on Schuman Lane
(d) Finance Department Presentation
Presented by Richa Sigdel, Finance Director
(e) Public Works Department Presentation
Presented by Rick Terway, Interim Public Works Director
(f) Administrative & Community Services Department Presentation
Presented by Dan Dotta, Interim Administrative & Community Services
Director
13 - 20 (g) Electronic Traffic Enforcement
21 - 64 (h) Arts and Culture Commission or Equivalent
65 - 70 (i) City Property on Commercial Avenue
5. MISCELLANEOUS COUNCIL DISCUSSION:
6. EXECUTIVE SESSION:
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Workshop Meeting January 22, 2018
7. ADJOURNMENT.
REMINDERS:
1. 4:00 p.m., Monday, January 22, Ben-Franklin Transit Office – Hanford Area
Economic Investment Fund Committee Meeting. (COUNCILMEMBER PETE
SERRANO)
2. 7:00 a.m., Wednesday, January 24 – 4:00 p.m., Thursday, January 25, Hotel RL,
Olympia – Association of Washington Cities City Action Days Conference.
(MAYOR MATT WATKINS, COUNCILMEMBERS RUBEN ALVARADO,
CRAIG MALONEY, SAUL MARTINEZ, DAVID MILNE and PETE SERRANO)
3. 6:00 p.m., Thursday, January 24, Hotel RL, Olympia – Tri-Cities Legislative
Council Reception. (MAYOR MATT WATKINS, COUNCILMEMBERS RUBEN
ALVARADO, CRAIG MALONEY, SAUL MARTINEZ, DAVID MILNE and
PETE SERRANO)
4. 3:30 p.m., Wednesday, January 31, KSD Administration Building – Boys & Girls
Clubs of America, Youth of the Year Interviews (MAYOR MATT WATKINS)
5. 5:30 p.m., Thursday, February 1, P&R Classroom – Parks & Recreation Advisory
Board Meeting. (COUNCILMEMBER DAVID MILNE, Rep.; SAUL
MARTINEZ, Alt.)
6. 7:00 p.m., Thursday, February 1, Boys & Girls Club – Youth of the Year Banquet.
(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.
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AGENDA REPORT
FOR: City Council January 17, 2018
TO: Dave Zabell, City Manager Workshop Meeting: 1/22/18
FROM: Rick White, Director
Community & Economic Development
SUBJECT: Broadmoor Area Master Plan and Non-Project EIS
I. REFERENCE(S):
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
Discussion
III. FISCAL IMPACT:
IV. HISTORY AND FACTS BRIEF:
In February of 2015 the City and the majority property owner in the Broadmoor Area
began earnest efforts to position Broadmoor for planning and marketing as the trigger
for private investment in this area. The focus of these efforts includes master plannin g,
environmental analysis and design and installation of the utility backbone so the
Broadmoor Area is "permit ready."
These efforts involve managing concurrent activities including:
• Establishing land use designations and locations in close coordination with
Council Goals and economic factors;
• Establishing "on the ground" locations for infrastructure (roads, utilities and
public land uses);
• Providing certainty to the development community on product expectations and
return on investment;
• Accomplishing environmental review and clearance through a "non-project
Environmental Impact Statement;"
• Providing a systematic and comprehensive approach to developing a large and
valuable community asset; and
• Marketing.
Hansen Design (the City's master plan consultant) will provide Council an update on
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the Non-Project EIS process and Master Plan at the January 22, 2018 Council
Workshop.
V. DISCUSSION:
Continuing planning, implementing utility improvements and marketing for this area
is important and necessary to realize the area's development potential. The Non-Project
EIS process, which will accomplish environmental clearance, is seen as a critical fi rst
step the City can proactively undertake. This process is underway and the update will
reflect status of this important effort.
The environmental analysis contained in the process will not only provide certainty to
the development community, but will also provide the necessary environmental
clearance for the City's efforts to establish the sewer utility framework within the
planning area - which is scheduled for construction in 2018.
The concurrent master planning process will also provide a framework for the
coordinated development of the area by proposing land use options with a preferred
land use alternative; appropriate mitigation measures and accompanying design
standards that are seen as critical to establishing a quality development for the 10 to 30
year planning horizon.
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AGENDA REPORT
FOR: City Council January 18, 2018
TO: Dave Zabell, City Manager Workshop Meeting: 1/22/18
FROM: Stan Strebel, Deputy City Manager
Executive
SUBJECT: Proposed Parking Restrictions on Schuman Lane
I. REFERENCE(S):
Proposed Ordinance
Vicinity Map
Notice to Residents
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
Discussion
III. FISCAL IMPACT:
IV. HISTORY AND FACTS BRIEF:
From time to time, the interests of the public are best served by restricting parking,
either outright or within certain time frames, on public streets. Such actions are taken
by Council in the form of an ordinance which amends the Pasco Municipal Code and,
thus, giving the action the force of law.
A somewhat unusual case exists on Schuman Lane, located at the west end of
Chiawana Park (beginning at Road 96, parallel to and just north of the river). Schuman
is a dead end cul-de-sac improved to only one lane in width. US Army Corps of
Engineers property is located all along the south side of the road.
The concern stems from a problem which has grown from park and trail users parking
on Schuman Lane, and other areas west of the park, which were not designed to
accommodate on-street parking. In fact, their presence in these areas can impede
emergency vehicle access. The street cannot be widened to improve the situation as
the City does not own sufficient right-of-way and the cost to make such improvements
is prohibitive, particularly with an improved public parking lot in the immediate
vicinity.
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Associated with this issue, is the City's longstanding practice of locking the west gate
of the Chiawana Park parking lot which is adjacent to the east. This practice originated
during Franklin County's management of the park beginning decades ago, and has
continued with the City's assumption of maintenance responsibility in 2006. While the
current lack of access to the parking lot from the west has limited traffic on Road 96 to
Court Street, it hinders the use of the west parking lot, limits circulation and has served
to concentrate all park traffic on Road 88.
The City recently opened a new police mini-station within the park in December. A
close police presence will allow for better responsiveness to issues that arise from time
to time in the park and surrounding neighborhood. In addition, regular police patrols of
the area are currently very difficult as getting to this part of the park is time consuming
with the west entrance closed. Police response times and capacity will improve if the
gate is no longer kept closed, as a regular practice.
The City has several picnic enclosures and a newly constructed children's playground
in the west area of the park causing more people to come to this side of the park.
Providing more direct access to the large parking lot located in the west end of the park
will reduce pressure for on-street parking along the narrow Schuman Lane and may
somewhat reduce traffic in and out of the park at the traditional park entrance to the
east.
The Corps of Engineers, which controls the property for the federal government, has
indicated its preference that the west gate be opened. Local residents in the vicinity of
Schuman Lane and Road 96, however, have in the past, expressed concern to keeping
the gate open. For this reason, staff has provided notice of this discussion to residents
in the area of the park and the intersection (see letter attached), so that their comments
may be heard by Council.
V. DISCUSSION:
Due to public safety and access issues, staff recommends adoption of the proposed
ordinance which prohibits parking on Schuman Lane.
While not required by ordinance, staff also proposes to establish and maintain open
access to the park at the west end, the same as the entrance to the east.
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ORDINANCE NO. ________
AN ORDINANCE amending Pasco Municipal Code Section 10.56.080
Schedule III - Parking Prohibited at All Times on Certain Streets
WHEREAS, the City has determined that it is necessary for public safety and
convenience to modify the restrictions of parking on certain streets; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN
AS FOLLOWS:
Section 1. Section 10.56.080 of the Pasco Municipal Code is amended to add the
underlined language and read as follows:
10.56.080 SCHEDULE III - PARKING PROHIBITED AT ALL TIMES ON
CERTAIN STREETS. In accordance with Section 10.56.030, and when signs are erected giving
notice thereof, no person shall at any time park a vehicle upon any of the following described
streets or parts of streets:
“A” Street - both sides of street from Elm Avenue to SR-12;
“A” Street - both sides of street from Ninth Avenue to Eleventh Avenue;
“A” Street - from Main Avenue to Beech Avenue;
“A” Street - 300 feet west of 4th Avenue to three hundred feet east of 4th Avenue;
“A” Street - both sides from 20th Avenue to a point two hundred fifty feet west of 20th
Avenue;
“A” Street - both sides, corner of “A” Street and 28th Avenue;
Adams Street - Railroad Avenue to Rainier Avenue;
Agate Street - between Fourth and Fifth Avenues;
Ainsworth Avenue - north side from Railroad Avenue to Oregon Avenue;
Ainsworth Avenue - south side from 10th Avenue to Fourth Avenue;
Argent Road - 20th Avenue to Road 44;
Argent Road - Road 84 to Road 76;
Autoplex Way - from Court Street south to 160 feet north of Marie Street;
Baker Street - Railroad Avenue to Rainier Avenue;
Bonneville Street - the south side of Bonneville Street from a point 150 feet east of the
east curb line of 10th Avenue to the east curb line of 10th Avenue;
Billings Street - from Lewis Street to “A” Street;
Broadmoor Boulevard - FCID canal to Nottingham Drive;
Brown Street - north side from Road 28 to Road 26;
Brown Street - south side from Road 28 to a point 130 feet to the east;
Burden Boulevard - Road 76 to Road 36;
Chapel Hill Boulevard - Road 68 to Saratoga Lane;
Chapel Hill Boulevard - Broadmoor Boulevard to Road 84;
Chapel Hill Boulevard - from Cresent Road to Broadmoor Boulevard;
Clark Street - both sides of street from Ninth Avenue to Eleventh Avenue;
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Clemente Lane - Burden Boulevard to Wrigley Drive;
Commercial Avenue - both sides from Hillsboro Avenue south 1 mile;
Court Street - from Fourth Avenue west to SR-395;
Court Street - east of Fourth Avenue;
Court Street - from Road 68 to Road 84;
Court Street - Rd. 100 to I-182 Hwy overpass;
Court Street - 1,000 feet south of Harris Road;
E. Broadway Street - (north side) Wehe Street to Franklin Street;
First Avenue - Court Street to Sylvester Street;
Fourteenth Avenue - both sides from Clark Street north 100 feet;
Fourteenth Avenue - both sides from Clark Street south to the alley;
Fourth Avenue - (east side) 300 feet south of B Street to 500 feet south of Columbia
Street;
Fourth Avenue - (east side) 50 feet north of Columbia Street;
Fourth Avenue - 100 feet south of Columbia Street;
Fourth Avenue - east side from 110 feet north of Sylvester Street to Court Street; and on
the west side from Sylvester Street to 125 feet north of vacated Park Street and from 115 feet
north of Octave Street to Court Street;
Fourth Avenue - east side from Sylvester Street north 140 feet; and on the west side from
Sylvester Street north 200 feet;
Fifth Avenue - (west side) Park to Octave;
Fifth Avenue - (east side) north of Court Street;
Fifth Avenue - (east side) Nixon Street to Park Street;
North Fourth Avenue - between Court and Ruby Streets;
Heritage Boulevard - both sides from US-12 to “A” Street;
Hillsboro Street and Commercial Avenue - both sides of Hillsboro Street from a point
100 feet east of the center line of Commercial Avenue to SR 395, and on both sides of
Commercial Avenue from a point 100 feet south of the center line of Hillsboro to Hillsboro;
Homerun Road - both sides, from Convention Boulevard to end;
James Street - south side from the far east end of James Street to 400 feet west;
James Street - north side from the far east end of James Street to 340 feet west;
Jay Street - north side from the east curb line of Road 22 to a point 50 feet west of the
east curb line of Road 22;
Lewis Street - from First Avenue to 70 feet east;
Lewis Street - north side from Fourteenth Avenue to 130 feet west; and north side from
Fourteenth Avenue to 80 feet east;
Lewis Street - south side from Fourteenth Avenue to 100 west; and south side from
Fourteenth Avenue to 100 feet east;
Lewis Street - Ninth Avenue to Eleventh Avenue;
Lewis Street - north side of Lewis Street from the east curb line of Seventh Avenue to a
point 135 feet east;
Lewis Street - South side of Lewis Street, from 150 feet east of the center line of First
Street running easterly a distance of 165 feet;
Lewis Street (east) - both sides from Wehe Avenue east to Cedar Avenue;
Lewis Street (east) - both sides from Oregon Avenue east to Wehe Avenue;
Lewis Street - from Cedar Ave. to Billings Street;
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Madison Avenue - both sides from Burden Boulevard to Road 44;
Manzanita Lane - west side from “A” Street to 150 feet north;
Manzanita Lane - east side from “A” Street to 220 feet north;
Ninth Avenue - Washington Street to Ainsworth Street;
Octave Street - the south side of Octave Street from 1 point 280 feet east of the east curb
line of Road 34 to a point 420 feet east of the east curb line of Road 34;
Oregon Avenue between “A” Street and Ainsworth Avenue;
Oregon Avenue - (west side) 350 feet north of Bonneville Street;
Oregon Avenue - Hagerman Street to James Street;
W. Pearl Street - both sides from N. 3rd Avenue west 200 feet;
Railroad Avenue - Adams Street to Baker Street;
Rainier Avenue - Adams Street to Baker Street;
Road 22 - east side from the north curb line of Jay Street to a point 50 feet south of the
north curb line of Jay Street;
Road 26 - both sides of Road 26, from a point 120 feet south of the south curb line of
Court Street on the east side and 245 feet south of Court Street on the west side, to 250 feet north
of the north curbline of Court Street;
Road 26 - from Court Street to Brown Street;
Road 28 - west side from Sylvester Street to Brown Street;
Road 28 - east side from Sylvester Street to Brown Street except for 315 feet starting
from a point 360 feet north of the intersection of Sylvester Street and Road 28;
Road 34 - both sides of the street from Henry Street to Court Street;
Road 36 - both sides of the street from its intersection with Argent Place to a point 1,200
feet north of Argent Place;
Road 36 - Burden Boulevard to 200 feet south of Meadow Beauty Drive;
Road 36 - east side from Court Street south 650 feet;
Road 44 - Burden Boulevard to Sandifur Boulevard;
Road 44 - Argent Road to Burden Boulevard
Road 52 - Burden Boulevard to Sandifur Boulevard;
Road 60 - Burden Boulevard to Sandifur Boulevard;
Road 68 Place - Burden Boulevard to Sandifur Boulevard;
Road 68 - FCID canal north to City Limits;
Road 68 - I-182 to Sandifur Boulevard;
Road 76 - east side from Sandifur Parkway to a point 620 feet south of Wrigley Drive;
Road 76 - (west side) Wrigley Drive to Burden Boulevard;
Road 76 - west side from Sandifur Parkway to Wrigley Drive;
Road 80 - from Court Street south;
Road 84 - from Sunset Lane south;
Road 84 - Argent Road to Chapel Hill Boulevard;
Road 100 - Court Street to FCID canal;
Rodeo Drive - Road 68 to Convention Place;
Ruby Street - between Fourth and Fifth Avenues;
St. Helens Street - Railroad Avenue to Rainier Avenue;
Sandifur Boulevard - Broadmoor Boulevard to Robert Wayne Drive;
Sandifur Boulevard - (north side) Robert Wayne Drive to Road 60;
Sandifur Boulevard - from Road 60 to Road 62;
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Sandifur Parkway - from Road 60 to Road 44;
Schuman Lane - both sides of street from Road 96 to end;
Seventeenth Avenue - (west side) “A” Street to Washington Street;
Shoshone Street - 22nd Avenue to 23rd Avenue;
Sun Willows Boulevard - both sides of street from its intersection with 20th Avenue to its
eastern terminus;
Sylvester Street - (south side) 20th Avenue to 28th Avenue;
Sylvester Street - (north side) one hundred feet east of 26th Avenue to 28th Avenue;
Sylvester Street - From the east line of 20th Avenue to a point 290 feet east thereof;
Tenth Avenue - both sides of street from “A” Street to “B” Street;
Tenth Avenue - from “B” Street to and including the Inter-City Bridge;
Tenth Avenue - both sides of street from Lewis Street to Clark Street;
Third Avenue - (east side) fifty feet south of Columbia Street;
Third Avenue - (east side) fifty feet north of Columbia Street;
Third Avenue - both sides of street 100 feet north of Sylvester Street;
Third Avenue - both sides of street 100 feet south of Sylvester Street;
Third Avenue - on the west side from a point five hundred seventy-five feet north of
Margaret Street to a point six hundred fifty feet north of Margaret Street;
N. Third Avenue - both sides from W. Pearl Street north 200 feet;
Twentieth Avenue - from Lewis Street to Argent Road except on the east side of 20th
Avenue only from a point one hundred seventy feet south of Hopkins Street to Lewis Street;
Twenty Second Avenue - (west side) to 550 feet south of West Henry Place except 170
feet in front of the Police Station at 828 N. 22nd Ave;
Twenty Eight Avenue - (west side) Lewis Street to Sylvester Street;
Washington Street - (south side) Ninth Avenue to Tenth Avenue;
Wrigley Drive - Road 76 to Clemente Lane.
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 ____________ 2018.
Matt Watkins, Mayor
ATTEST: APPROVED AS TO FORM:
Daniela Erickson, City Clerk Leland B. Kerr, City Attorney
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SCHUMAN LANE / CHIAWANA PARKGATEPage 11 of 70
CITY MANAGER (509) 545-3404 / Fax (509) 545-3403
P. O. Box 293, 525 N. 3rd Avenue, Pasco, WA 99301
January 10, 2018
Dear Resident:
This is to make you aware that the City Council is scheduled to discuss an issue that may be of
interest to you as a property owner in the vicinity of Chiawana Park.
The concern stems from a problem which has grown from park and trail users parking on Shuman
Lane, and other areas west of the park, which were not designed to accommodate on-street parking.
In fact, their presence in these areas can impede emergency vehicle access. The street cannot be
widened to improve the situation as the City does not own sufficient right-of-way and the cost to
make such improvements is prohibitive, particularly with an improved public parking lot in the
immediate vicinity.
At issue is the possible restriction of on-street parking on Shuman Lane (both sides) allowing for
the daytime use and access to the parking lot at the west end of Chiawana Park. While the current
lack of access to the parking lot from the west has limited traffic on Road 96 to Court Street, it
hinders the use of the west parking lot, limits circulation and has served to concentrate all park
traffic on Road 88.
The City Council will be briefed on this matter at their 7:00pm, January 22 Workshop meeting in
the Council Chambers at City Hall (525 N. 3rd Street). As the meeting of the January 22 is a
Workshop meeting, the Council will not take action on this matter, they will, however, indicate to
staff as to whether they want the matter scheduled for their consideration at a future meeting. The
earliest the Council could take action would be their Regular meeting of February 5, at which there
would be an opportunity for public input prior to a decision.
The City Council will benefit from hearing the opinions and concerns of area residents. You are
cordially invited to attend the Workshop meeting or watch on Cable Channel 191 PSC TV, or
online at www.pasco-wa.gov, and to provide input in writing or address the Council at a Regular
meeting if the Council schedules the matter.
If you have any questions, please feel free to contact the City Manager’s office at 545-3404.
Sincerely,
Dave Zabell
City Manager
DZ/tlz
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AGENDA REPORT
FOR: City Council January 17, 2018
TO: Dave Zabell, City Manager Workshop Meeting: 1/22/18
FROM: Bob Metzger, Police Chief
Police Department
SUBJECT: Electronic Traffic Enforcement
I. REFERENCE(S):
Memorandum from Captain Harpster
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
Discussion
III. FISCAL IMPACT:
None
IV. HISTORY AND FACTS BRIEF:
As the City of Pasco has grown traffic enforcement has become an increasing concern.
Whether the issue involves speeding on residential roads or at school zones or red light
violations as major intersections, the city has seen an increase in these infractions and
corresponding vehicle crashes and related injuries. The frequency of safety concerns
associated with these behaviors raised by residents continues to increase.
One of the areas that has been determined to be a concern with crashes and traffic was
the Road 68 and Burden intersection. The department has tried to monitor traffic in the
area without much success. It is difficult to find a place to set a patrol car to monitor
and then, when a violation occurs, getting out into traffic is a safety concern. In
addition, when a traffic stop is made in this area the backups caused by a marked patrol
car with overhead lights on creates an even larger issue for the traveling public. In the
case of school zones there are so many areas in the City that it is very difficult to
monitor all of these areas with existing staff.
It has become clear to staff that the current efforts in traffic control are not adequate.
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Reasons for this include an increase in miles of road, signalized intersections and
school zones (schools) without a corresponding increase in traffic enforcement
assigned personnel. The department's focus over the past several years has been on
crime reduction. With the increase in population and vehicles on the roads this issue
has risen to the level where it needs to be addressed.
After considerable research staff has determined that there are two ways to best deal
with the situation. One way is to hire additional staff and add additional patrol units to
work at areas of concern. The other is to maintain current traffic enforcement staffing
levels while adding electronic monitoring and enforcement of traffic violations.
The cost per qualified additional officer is on the order of $125,000 per year for salary,
benefits and equipment. To provide coverage adequate begin to change driver
behavior in problem areas would require six (6) FTEs. While the additional staff
would be a benefit, this would come at a significant cost to the City and would not be
made up by traffic-related fines. Electronic monitoring and enforcement is a low cost
alternative with proven results across the country in changing driver behavior in a way
that enhances safety by encouraging drivers to obey traffic signals, stop for red lights
and slow down in school zones. Photo enforcement enables officers to focus their
energy on high-priority tasks while ensuring the safety and security of problematic
intersections and school zones.
Red Light Safety Cameras
According to the Insurance Institute for Highway Safety, nearly 2 million crashes occur
annually in intersections. In 2005, red light running resulted in 800 fatalities and over
165,000 injuries in the U.S. The Institute's evaluations of Fairfax, Virginia, and
Oxnard, California, showed that camera enforcement reduced red light running
violations by about 40 percent. In addition to reducing red light running at camera-
equipped sites, violation reductions in both communities carried over to signalized
intersections which were not equipped with red light cameras, indicating community-
wide changes in driver behavior.
Staff reviewed vendors that offer electronic monitoring of traffic. Red light safety
cameras are one option to help mitigate the highly-used areas and increase safety
awareness of those traveling in Pasco. After a lengthy and careful review it was
determined that RedFlex, the largest provider in the industry, and familiar with the
State of Washington laws, would provide the best service. RedFlex came to Pasco and
conducted a 12-hour survey of two of the City’s highest utilized intersections, Road 68
& Burden and 20th & Court. These intersections were chosen based on data from our
traffic engineers determining that these were high crash areas. During this survey 250
red light infractions were captured for study purposes only.
According to National Highway Traffic Safety Administration an average of 89 people
died each day in motor vehicle crashes in 2011 – an average of one every 16 minutes.
Over 450 cities in the US rely on red light cameras to reduce accidents at dangerous
intersections. In Washington State cameras are being used in Bellevue, Bremerton,
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Fife, Issaquah, Lakewood, Moses Lake, SeaTac, Seattle, Spokane, Tacoma, Renton,
and Wenatchee.
Speed Zone School Cameras
Pasco, like most cities provides flashing lights in school zones. Even with flashing
school zone beacons a RedFlex survey captured over 1,900 speeding infractions in a
four-hour period within our school zones (posted speed 20 MPH and enforced speed 26
MPH) demonstrating an environment, for students and pedestrians who travel to and
around our schools, where they are exposed to much higher speeds than previously
thought.
A national survey found two-thirds of drivers exceed the posted speed limit in school
zones during the 30-minute periods before and after classes. School zone speed
cameras provide ongoing enforcement presence that changes driver behavior for
improved community road safety and the safety of the children using those routes to
get to and from school.
Washington cities utilizing School Zone Speed cameras include Bellevue, Des Moines,
Fife, Kent, Issaquah, Lakewood, Longview, Lynnwood, Renton, Seattle, Spokane, and
Tacoma.
V. DISCUSSION:
The vendor, RedFlex, will place the cameras at intersections based on the objective
findings of the traffic compliance survey. The Police Department sets the standard for
infractions, i.e. so many seconds after the light is red, so many miles per hour. Once
the camera detects an infraction it sends it to the vendor where it is reviewed it to make
sure that the data does show a possible violation. Then this image, along with the data
collected, is sent to the Police Department. A trained officer then reviews the data to
determine if an infraction has occurred. Notices are then sent to the violator.
There is no upfront equipment or installation cost to the City for placement of cameras.
The vendor is compensated for ongoing service at a negotiated monthly rate. In the
event that fee revenue does not offset the monthly rate the vendor's payment is reduced
accordingly.
If the City were to decide to use this service it would require changes in the PMC and
the Municipal Court would need to be involved in setting up a system to handle these
violations as they come in.
Establishing an electronic monitoring program is a big investment in time and effort.
Prior to pursuing such, staff is requesting discussion and direction from Council.
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MEMARANDUM
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AGENDA REPORT
FOR: City Council January 18, 2018
TO: Dave Zabell, City Manager Workshop Meeting: 1/22/18
FROM: Dave Zabell, City Manager
Executive
SUBJECT: Arts and Culture Commission or Equivalent
I. REFERENCE(S):
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
Discussion
III. FISCAL IMPACT:
IV. HISTORY AND FACTS BRIEF:
At the January 8, 2018 the City Council initiated a discussion centering on values
like: inclusivity, diversity, cultural awareness and strengthening the City’s
reputation as a welcoming community. This discussion was not the first such
discussion among the Pasco City Council. In developing the 2016/2017 City
Council Goals, the then City Council developed the “Community Identity” goal with
the objective of identifying opportunities to enhance community identity,
cohesion and image through a number of specific efforts, as follows:
• Community surveying
• Providing opportunities for community engagement through boards,
commissions, volunteer opportunities, social media, forums and other
outlets
• Coordinated messaging
• Identification and celebration of successes
• Implementation of a community identity/image enhancement campaign
In setting this goal, and objectives, the then City Council took steps toward a more
proactive position that demonstrates the philosophy that - Strong communities
become stronger by building on their strengths.
Promoting awareness of diversity and opportunity for inclusion has and continues
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to be a large part of the focus in implementing these objectives. And, while the
community is progressing in these areas, the current Council, based on its most
recent discussions on the matter, sees the opportunity to take the next steps by
building and expanding upon the progress made; possibly through a formal
declaration of the City Council on the matter, perhaps in the form of a resolution
or proclamation and/or the possible establishment of a task force, board or
committee made up of community members to promote these and related ideals.
Before delving into what should be declared or what should be the charge of a
group established to help the Council in pursuing some of the ideals being
discussed, it might be helpful to understand some of the dynamics and
experiences that have served to shape our community.
Growth and Demographics: As one of the fastest growing communities in the
nation for most of the 21st century, the population of Pasco has increased rapidly
and at the same time has become far more diverse. While the fastest growing
segment of the City's population has been the Latino community, a smaller but
robust Russian community has also made Pasco its home along with other
population groups in the City. Pasco is home to people from all over the globe.
Expansion: The City’s land area has increased significantly. When occupying a
smaller footprint, Pasco was a close-knit community of neighbors and
neighborhoods. While community members still identify closely on many issues,
the physical expansion of our community has complicated the ability to maintain
that closeness in traditional ways. A quarter century ago our furthest
neighborhoods were a few minutes apart by car. Today, our furthest
neighborhoods are separated by nearly ten miles. At such a distance, some
interests and perspectives are not always known from one neighborhood to the
next.
Industry/Commercial: The expansion of the Tri-Cities in general has brought
incredible opportunities for employment and business to the region and to Pasco.
Once the commercial hub of the region, major stores in the City’s downtown
moved across the river decades ago and the City is only now seeing a resurgence
of its downtown. Other commercial areas in the community have steadily built
up; Court Street, or Road 68, which came out of nowhere, changing the face of
Pasco and bringing with it opportunity. The Ag industry, King City and the Oregon
Ave. Corridor all have contributed immensely to the opportunities in Pasco
Beyond the aforementioned factors, other more-recent events have and will
continue to change our community, including: 1) the evolution to district-based
elections; 2) new public amenities; 3) community tragedies and community
victories; and 4) more recently, the impact of real and perceived changes in
federal enforcement of immigration laws on the community.
Page 22 of 70
These changes have already resulted in more voices engaged in the community
dialogue, reflecting greater diversity in perspectives. A dialogue has generally been
centered on the effect that gaps in areas like connectivity, cultural awareness and
communication are having on the overall cohesiveness of our community. It is fair to
say that in almost any situation, better communication and more interaction with one
another results in increased understanding which lessens the gaps that separate us,
provides for greater appreciation, stronger bonds and improved connectivity and
cohesion.
V. DISCUSSION:
Given the facts above, and the opportunities for progress in this effort, a
discussion about next steps is timely. In your January 8 discussion and in
discussions with several of you prior and since, it is clear that Councils' intent
with regard to these next steps is that this policy direction be pro-active, future
oriented and focused on improving community connectivity and cohesion. How to do
this, of course, is the primary topic of this discussion.
The goals expressed among the Councilmembers during the previous public
discussion on the matter were consistent, the individual suggestions, thus far, on
how to attain those goals, vary.
For ease of discussion this report is divided into two parts; the declaration, and
the establishment of a committee, board or task force.
Official Position Statement:
Resolutions are most often used to express the opinion of the legislative body, or to
reflect the action taken. Many cities have passed resolutions, proclamations or
other declarations regarding diversity, inclusivity, civil rights, etc. Attached are
several such resolutions as well as a draft Proclamation submitted by
Councilmember Serrano for discussion purposes. It is clear that in some cases
the Resolution was in response to something impacting the City, others have a
more welcoming, broad and proactive tone.
As noted above, and in previous communications, Council has collectively and
individually indicated a desire for a forward looking acknowledgement that
diversity is a critical component of a thriving, successful city, and that commitment to
diversity strengthens communities, deepens bonds between neighbors, and creates a
welcoming environment.
The manner alone in which Pasco came to grow in population and diversity, from
WWII to today, speaks to this community’s long standing culture of embracing
diversity. A resolution would reaffirm the City’s commitment to a diverse, supportive,
and inclusive community.
Page 23 of 70
Establishment of a Committee or Task Force:
As a policy issue, establishing a group of community members and giving them charge
of a set of goals or objectives is far more complex and comes with a number of
decisions:
Purpose – A group without a well-defined purpose can wander far from intent, while a
committed group with a clear mission will carry it out. A consistent factor in
successful groups is a specific goal that can be measured: whether by completion of a
project, organization/participation in an event, focus on community arts or culture.
Often a desired outcome is attained by steps. A requirement for attaining greater
community unity and participation by all is that all feel equally valued and their
contributions welcomed. Getting community members to this point will engage in far
more than that which initially pulled them together.
From comments of the City Council, the concept of an Arts and Culture Commission
has been forwarded with the thinking that inclusivity and diversity are best celebrated
through artistic and cultural experiences. From the City of San Diego comes an
example of an Arts and Culture Commission which has been successful in efforts to
unite their community (attached). Following on the logic above, these experiences
create opportunities for communication leading to better understanding of one another
and better communication; all of which leads to connectivity, cultural
competency/awareness and community cohesion.
Other ideas for a mission for this group include:
• Development and support of activities and programs which celebrate cultural
diversity;
• Exploring outreach methods to best reach the many sub-communities which
make up Pasco;
• Identification of gaps in services based on the identified cultural norms and
behaviors and suggestion of possible solutions;
• Participation in and support of cultural events in the community: e.g. MLK Jr
celebration, Cinco de Mayo, 4th of July, Juneteenth celebration, and other
events not currently prominent in the community consciousness;
• Examination of the practices and procedures of the current cultural norms and
behaviors of the City’s departments to determine whether such practices and
procedures result in differential treatment of its citizens;
• Identification of issues facing minorities in Pasco’s diverse population and
providing recommendations as to how the City or others can adequately address
them;
• Determining ways to encourage more citizens to be involved in the community;
• Identifying ways that the City can be more inclusive in engagement with all
residents and businesses; which will better promote unity, equality, and
Page 24 of 70
understanding in Pasco;
• Presenting recommendations to the Pasco City Council on how to best engage
Pasco residents such that all have opportunities to participate and provide
meaningful input involving for City policy matters involving diversity and
embracing Pasco’s unique culture and identity.
This is a compilation of ideas, including City Council and staff contributions that run
the gamut of alternatives. This list should not considered to be a staff recommendation
at this point. Also, attached are copies of documents representing commissions from
around the country whose missions are more similar to the bulleted list above.
Type of Body – The City’s other standing boards and commissions are established by
code and have specific duties. A standing board or commission requires an ordinance
and continues until repealed by ordinance. An alternative that has been forwarded is a
committee or task force that would sunset upon completion of their work. This could
be established by resolution and would continue under the terms set within the
resolution, e.g. a specific time period or once their mission was accomplished. The
advantage of establishment by resolution is that the body can go away with little
formality once their work is done. If the mission is to be ongoing, an ordinance might
be more appropriate.
Name – This aspect is important in that the name often sets the tone of a board or
commission or task force. It is the first impression, there are numerous examples in the
research where the name of a committee in itself makes it appear that its establishment
was a reaction to an external occurrence and even, if well intended, seems to hollow
out the intent.
Composition – Number of members, residency, geographic area, interests, diversity of
perspectives are all important to a well-balanced product that reflects the experience of
the community in general, while at the same time its various sub-groups in a way that
community members will support the group’s work product.
There are numerous other details to consider; term length, frequency of meetings, even
meeting location, however those details cannot be resolved until other decisions,
discussed above, are made.
Staff is requesting that the City Council discuss this matter and provide feedback and
direction on how best to proceed.
Page 25 of 70
CITY OF KENNEWICK
RESOLUTION NO.16-11
A RESOLUTION AFFIRMING THE CITY OF KENNEWICK’S COMMITMENT
TO PROMOTINGAND EMBRACING DIVERSITY AND THE ESTABLISHMENT
OF A DIVERSITY COMMISSION
WHEREAS,the City of Kennewick is currently undertaking a ten (10)year update to the 20 year
Comprehensive Plan that identi?es how we grow as a community and are seeking input ?'om the
diverse population of the community to strengthen our planning process;and
WHEREAS,the City ofKe_11newickrecognizes that our City is comprised of individuals with
unique and varied backgrounds and is proud of the richness and value that diversity brings to our
community;and
WHEREAS,the City of Kennewick seeks to prevent and prohibit all discriminatory practices
based on race,ethnicity,nationality,sex,gender identity,sexual orientation,socio-economic
status,disability,age,veteran status or religious beliefs;and
WHEREAS,the City of Kermewick is honored to serve the entire community and takes great
pride in delivering and providing equal access to hundreds of services every day;and
WHEREAS,the City of Kennewick is committed to embracing diversity and promoting equality
among our work force,residents,businesses,and visitors;and
WHEREAS,the City of Kennewick’s commitment to diversity is demonstrated through our core
value of inclusiveness;and
WHEREAS,the City of Kennewick will actively seek participation and perspectives from all
citizens to ensure that the different needs of our diverse population are considered in the
decision-making processes;NOW,THEREFORE,
BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF KENNEWICK,
WASHINGTON,AS FOLLOWS:'
Section 1.The City Council affirms the City’s commitment to promote and embrace diversity in
our community.
Section 2.The City Council approves the establishment of a Mayor’s Commission on Diversity
to engage participation and provide an effective means for promoting diversity and commitment
to equality and inclusiveness as we work together to make the City of Kennewick the place of
choice to live,work,play and do business,pursuant to the following guidelines:
1.Members of the Mayor’s Commission on Diversity will be recommended by the City’s
interview committee and selected by the City Council.
2.The Commission will consist of seven (7)members.
RESOLUTION 16-ll —Page 1
Page 26 of 70
L»)
The Commission will select a chairperson by majority vote at the ?rst meeting.
The term of the Commission will be for one (1)year commencing on the first meeting of
the Commission.
The Commission will meet monthly.
The Commission will provide periodic updates to City Council.
All Commission meetings will be open to the public.
The Commission will be an advisory body that will provide a ?nal report to City Council
summarizing recommendations based on established goals at the end of the one—year
term.
?e.°°.\'.
°‘."‘
Section 3.The primary goals ofthe Diversity Commission are as follows:
1.Identify the cultural behaviors that will be embraced in our community.
2.Engage with residents and businesses at the neighborhood level.
3.Identify whether the City has gaps in services based on the identi?ed cultural behaviors
and provide possible solutions.
4.Determine where the City needs to improve communication and/or enhance services
based on input received.
5.Identify ways that the City can be more inclusive in engagement with our citizens and
businesses that will better promote the identified cultural behaviors.
6.Determine ways to encourage more citizens to be involved in the community and
consider running for a City Council position.participate on one of the many City boards
and commissions,or apply for City employment.
7.Present recommendations to Council on how to best engage citizens so that there is
adequate input regarding policy matters involving diversity and embracing the identi?ed
cultural behaviors.
PASSED BY THE CITY COUNCIL OF THE CITY OF KENNEWICK,WASHINGTON,this
19”‘day of April,2016,and signed in authentication ofits passage this 19"‘day ofApril,2016.
1
Attest:.,Ma or air‘.B€,y //37'
'?(M’RESOLUTION NO.16-11 ?led and recorded in the
-W of?ce ofthe City Clerk ofthe City of Kennewick,
TERRI L.WRIGHT,City Clerk Washington,this 20"‘day of April,2016.
Approved as to Form:
/2%..?«<€.]4;"\.Cmatidmgg
LISA BEATON,City Attorney TERRI L.WRIGHT,City
RESOLUTION 16-ll —Page 2
Page 27 of 70
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1/18/2018 City of South Pasadena : Resolution of Diversity
http://www.ci.south-pasadena.ca.us/index.aspx?page=605 1/2
Resolution of Diversity
On December 21, 2016, the South Pasadena City Council adopted the
following resolution affirming the City's commitment to diversity and to
safeguarding the civil rights, safety and dignity of all of our residents:
RESOLUTION NO. 7491
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTH PASADENA, CALIFORNIA,
AFFIRMING THE CITY OF SOUTH PASADENA’S COMMITMENT TO DIVERSITY AND TO SAFEGUARDING
THE CIVIL RIGHTS, SAFETY AND DIGNITY OF ALL OF OUR RESIDENTS
WHEREAS, the City of South Pasadena believes that diversity of backgrounds, perspectives, and experiences of
the American people – native and immigrant – makes our nation, communities, bonds between neighbors, and
economies richer and stronger; and
WHEREAS, the City of South Pasadena is committed to protecting the civil rights and liberties of all of our
residents, partnering with our community leaders to foster a positive dialogue and to speak against human
injustices and abuses, and welcoming immigrants to our community; and
WHEREAS, the City of South Pasadena values all of its residents and recognizes the rights of individuals to live
their lives with dignity, free of discrimination and intimidation because of their race, color, religion, national
origin, sex, gender identity, immigration status, disability, housing status, economic status, or other social status;
and
WHEREAS, the City Council stands firm with all our residents and will work with community to protect against
acts of violence, intimidation and discrimination that are rooted in fear, ignorance, prejudice, and hate; and
WHEREAS, fostering a relationship of trust, respect, and open communication between City officials and
residents is essential to the City’s mission of delivering efficient public services in partnership with our community
which ensures public safety, a prosperous economic environment, opportunities for our youth, and a high quality
of life for all residents.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SOUTH PASADENA, CALIFORNIA, DOES
RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. The City of South Pasadena declares it the public policy of the City to be inclusive and to respect the
inherent worth of every person, without regard to a person’s race, color, religion, national origin, sex, gender
identity, immigration status, disability, housing status, economic status, political affiliation, or cultural practices.
SECTION 2. The City Clerk of the City of South Pasadena shall certify to the passage and adoption of this
resolution and its approval by the City Council and shall cause the same to be listed in the records of the City.
Page 30 of 70
1/18/2018 City of South Pasadena : Resolution of Diversity
http://www.ci.south-pasadena.ca.us/index.aspx?page=605 2/2
PASSED, APPROVED AND ADOPTED ON this 21st day of December, 2016.
I HEREBY CERTIFY the foregoing resolution was duly adopted by the City Council of the City of South Pasadena,
California, at a regular meeting held on the 21st day of December, 2016, by the following vote:
AYES: JOE, KHUBESRIAN, MAHMUD, SCHNEIDER, AND MAYOR CACCIOTTI
NOES: NONE
Page 31 of 70
1/18/2018 Multi-Cultural Committee - City of North Miami Beach, Florida
http://www.citynmb.com/index.asp?Type=B_BASIC&SEC=%7B41AEA1FF-2D77-42E0-99DF-7EF3CEAB9EA0%7D 1/2
Select Language ▼
IN GOVERNMENT:
Agendas and Minutes
City Charter and Code
City Commission
City Manager
City Clerk
City Attorney
Citizen Boards and Committees
CRA-Community
Redevelopment Agency
Multi-Cultural Committee
The Multi-Cultural Committee serves to propose
such programs that in its opinion will contribute to
the multi-cultural development of the community
and which may develop and exploit the talents of
the members of the community to accomplish the
greatest good for the greatest number. The
committee shall seek to promote greater
awareness and appreciation of the diversity of
cultures represented by the City's residents and
citizens.
Established The Multi-Cultural Committee was established
under the provisions of Ordinance 79-20, revised
by Ordinance 2009-12 and is comprised of 15 members, each serving two year
terms.
Members are appointed by the Mayor and City Commission. All terms shall
commence on June 1st and all appointments shall be for two (2) years except for
appointments to fill unexpired terms, which appointments shall be for the remainder
of the unexpired term. Members shall be selected as nearly as practicable on the
basis of their interest and involvement in various and different cultural groups, in the
arts and letters, in education programs, and in programs that will contribute to the
multi-cultural development of our diverse ethnic society.
Meetings are held on the second Monday of each month at 7:00 pm, in the
McDonald Center, Room 3.
Committees, How to Join, Schedules For more information on this Committee or to apply for membership, please contact
the City Clerk's office at 305-787-6001.
Last updated Friday, December 29, 2017
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LIAISON
Barbara Kramer
STAFF CONTACT
Paulette Murphy Parks & R.E.C. Director
(305) 948-2957
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1/18/2018 Multi-Cultural Committee - City of North Miami Beach, Florida
http://www.citynmb.com/index.asp?Type=B_BASIC&SEC=%7B41AEA1FF-2D77-42E0-99DF-7EF3CEAB9EA0%7D 2/2Page 33 of 70
FILEDqt 3dt'n
sEP | 2 7fri7
GAYTE V. TROTTER, County Clerk
BY 4*-L DePutY
oRDf NANCE NO. 27 28-20L7
AN ORDINANCE CREATING TITTE 2, CHAPTER 5, OF THE MUNICIPAT CODE
TO CREATE A DIVERSIW ADVISORY COMMITTEE
After recording return to:
Clty Recorder
Clty of Ontario
444 sw 4h street
Ontario OR 97914
WHEREA$
WHEREAS,
WHEREA$
The ontario city council approved Resolution #2077-Lt7 supporting community
diversity; and
By Resolution#2017-Lt7 the city council directed the city Manager to create a
Diversity Advisory Committee; and
The proposed addition to the ontario Municipal code has been vetted by
m ulti ple com m unities with diverse perspectives represented.
NOW THEREFORE, The Common Council for the City of Ontario Ordains as Follows
Title 2: Ontario, Oregon MunicipalCode
Chapter 14 - Diversity Advisory Committee Draft
2-t4-L - Diversity Advisory Committee Established
A Diversity Advisory Committee is established composed of seven (7) members
representative of varying area cultures and socio economic circumstances. Consideration for
broad representation reflective of the community shall be the primary factor in selection of the
committee members. Recommendations from community associations that represent diverse
populations shall be an additional contributing factor for selection of committee members.
The committee shall be reflective of the city demographics including to the best degree
possible age. Membership must represent more than 2 different ethnicities, cultures,
generations, genders, and/or socio-economic statuses. No one ethnicity, culture, or socio-
economic status shall be represented by more than 50% of the committee membership.
2-L5-2 - Term(s) of office
All seats shall be filled through an open application process with final selection by the
City Council. Upon establishment of the committee, members will serve staggered terms: three
members will serve 3-year terms, two members will serve 2-year terms, and one member will
serve a single year term.
Following the first staggered term, each appointed member shall serve three year terms running
from January 1st to December 3l.st.
ORDINANCE 2728-20L7: OMC 2-14 Establish Diversity Advisory Committee Page 34 of 70
2-15-3 - Ex-officio Members
One person from the City Council shall serve as an Ex-Officio member of the Diversity
Advisory Committee. The Ex-Officio member shall serve as a liaison to the City Council on issues
from the Advisory Committee.
2-L5-4 - Meetings
The Diversity Advisory Committee's regular meetings will be held at least every other
month at a time and date decided by the Committee.
2-16-5 - Advisory Capacity
The City of Ontario Diversity Advisory Committee is established to advise the Mayor,
City Council, and City Manager on a range of issues as they relate to promoting diversity and
equity issues in the community.
2-L6-6 - Duties and Responsibilities
The Diversity Advisory Committee shall elect a Chair, Vice-Chair, and Secretary on an
annual basis for one year terms. The Chair shall serve no more than three consecutive terms.
The Diversity Advisory Committee serves to provide a means of intentional
communication between the community's diverse cultures and communities with the city's
elected and appointed officials. The Committee also provides representatives that the city's
varying area cultures and socio economic circumstances can contact with issues, concerns, and
problems which relate to the city. This enhanced communication will assist in the development
of a stronger community that is respectful of all nationalities, races, genders, ethnic groups,
ages, and socioeconomic classes and cultures.
The Diversity Advisory Committee shall review policy, advocate for opportunities (e.g.
grants or projects), and report back to the City Council on these matters at regular intervals.
2-L6-7 - Compensation of members
Members of the Diversity Advisory Committee shall receive no compensation, but shall
be reimbursed for authorized and necessary expenditures. The Diversity Advisory Committee
shall have no authority to make any expenditure on behalf of the city, nor to obligate the city for
payment of any sums of money.
2-t6-8 - Quorum and rules and regulations for meetings
A quorum of four members must be present to take action and make recommendations
to the City Council. The concurrence of a majority of members present and eligible to vote shall
be necessary to decide any question.
ORDINANCE 2728-2077: OMC 2-14 Establish Diversity Advisory Committee Page 35 of 70
2-L6-9 - Members - prohibited acts
A member of the Diversity Advisory Committee shall not participate in any Committee
proceeding or action in which the following has a direct or substantial financial interest:
A member or his spouse, brother, sister, child, parent, father-in-law, mother-in-law, any
business in which he has been serving or has served in the previous two (2) years or any
business with which he is negotiating for or has an arrangement or understanding concerning a
prospective partnership or employment, any actual or potential interest shall be disclosed at a
meeting of the Committee where the action is being taken.
2-16-10 - ltems for review and recommendation
Meeting minutes of the Diversity Advisory Committee shall be submitted to the Ontario
City Council in the month following the Committee meeting.
2-L6-Ll - Committee appraisal by City
The City Council will seek feedback on matters impacting diverse populations and
communities from the Diversity Advisory Committee prior to taking action on such items.
2-L6-t2 - Regulation of Committee
As a Committee created by the Ontario City Council, the Committee is subject to the
provisions of the Oregon Public Meetings and Records Laws.
PASSED AND ADOPTED by the Common Council of the City of Ontario this 18th day of July,2OL7 by the
following vote:
AYES: Capron, Winebarger, Crume, Verini, Justus, Carter, Palomo
NAYS: None
EXCUSED: None
ABSENT: None
the Mayor th day of July,2QL7
Ronald Verini, Mayor
Tori Barnett, MMC, City Recorder
ORDINANCE 2728-2O77: OMC 2-14 Establish Diversity Advisory Committee Page 36 of 70
Ch.Art.Div.
2 6 7 1
San Diego Municipal Code Chapter 2: Government
(7-2016)
Article 6: Board and Commissions
Division 7: Commission for Arts and Culture
(“Commission for Arts and Culture” added 5–15–1989 by O–17298 N.S.)
§26.0701 Purpose and Intent
It is the purpose and intent of the City Council to establish a Commission for Arts and
Culture to serve in an advisory capacity to the Mayor, City Council and City Manager
on promoting, encouraging, and increasing support for the region’s artistic and
cultural assets, integrating arts and culture into community life and showcasing San
Diego as an international tourist destination.
It is also the purpose and intent of the City Council to set forth the duties and
functions of the Executive Director and staff that support the Commission for Arts
and Culture, which include: developing, implementing, evaluating and/or
recommending changes to public policy, legislation, programs, services and advocacy
strategies; overseeing funding allocations in support of non-profit arts and culture
organizations, artists, neighborhood arts programs, festivals, and artworks in public
development; ensuring the inclusion of art in private development; managing
artworks owned and controlled by the City; supporting cultural tourism and
innovative arts and culture programming; and undertaking other initiatives that
contribute to the quality of life, the economic vitality, and the vibrancy of San Diego.
(Amended 4-20-1992, by O-17757 N.S.)
(Amended 5-17-2004, by O-19280 N.S.)
(Amended 10-27-2008 by O-19794 N.S.; effective 11-26-2008.)
§26.0702 Definitions
Except as otherwise provided, the following definitions apply to the terms italicized
in this division:
Applicant has the same meaning as stated in Land Development Code section
113.0103.
Accession means the formal process used to accept and record an artwork as a Civic
Art Collection item.
Acquisition means the transfer of title to the City of valuable property including
artwork by purchase, donation, bequest, transfer or exchange.
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Artist means an individual generally recognized by critics and peers as a professional
practitioner of the visual, performing, or language arts, or a combination thereof,
based on that professional practitioner’s body of work, educational background,
experience, past commissions, exhibition/performance record, publications, and
production of artworks.
Artworks must be specified or designed by an artist and include:
Public art as defined herein;
Sculpture: may be made of any material or combination of materials; may be
free standing, wall-supported, suspended, mounted, installed, kinetic,
electronic or mechanical;
Murals or paintings: may be made of any material or combination of
materials; may be made with traditional or non-traditional means;
Earthworks, neon, glass, organic materials (i.e., fiber, clay, wood, etc.),
mosaics, photographs, prints, linguistic expressions, calligraphy, ephemera,
textiles, found objects, and any media or combination of media including
audio, video, film, holographic or computer generated technologies, or other
art genres currently known or which may come to be known; and
Tangible manifestations (i.e., CDs, DVDs, scripts, photographs, videos, films,
scores, etc.) of choreography, theatrical performances, performance art,
happenings, music, television and film or other performing or language art
genres currently known or which may come to be known.
Artworks may be permanent, temporary, fixed, or portable, may be an integral
part of a building, facility, or structure, and may be integrated with the work
of other design professionals.
The following, unless specified or designed by an artist, are not
considered artworks:
Reproductions, by mechanical or other means, of original artworks. However,
limited editions controlled by the artist or original prints, cast sculptures, or
photographs, may be considered artworks.
Decorative, ornamental or functional elements not specified or designed by an
artist.
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Elements generally considered as being components of architecture or
landscape design such as vegetative materials, pools, paths, benches,
receptacles, fixtures, planters, etc.
Art objects which are mass produced, ordered from a catalog, or of standard
design (such as benches or fountains); wayfinding or other functional
elements such as graphics, signage, advertising or maps.
Capital Improvements Program project means any permanent public improvement
project, or portion or phase thereof, set forth in the Capital Improvements Program
budget as adopted by City Council.
Civic Art Collection means artworks which have been accessioned and are publicly
owned, possessed, or controlled by the City and administered by the Commission.
Incoming loans of artwork shall be incorporated into the Civic Art Collection for the
duration of the loan but are not considered acquisitions.
Civic Enhancement allocation means the percentage of the total building permit
valuation for a qualifying development in accordance with the requirements set forth
herein which is set aside for artwork on the premises, venues for cultural use on the
premises and/or an in-lieu contribution to the Public Art Fund.
Collections management activities include, but are not limited to, the acquisition,
incoming loan, outgoing loan, interdepartmental loan, deaccession, disposal,
relocation, removal, exhibition, operation, maintenance, conservation,
documentation, storage, reproduction and/or adaptation of artworks.
Commission means the City of San Diego Commission for Arts and Culture.
Cultural use means open and accessible programming for the presentation of visual,
performing and/or language arts.
Deaccession means the formal process used to permanently remove an artwork from
the Civic Art Collection.
Development has the same meaning as stated in Land Development Code
section 113.0103.
Disposal means the permanent exchange, sale, destruction or transfer of an artwork in
the Civic Art Collection.
Extraordinary artwork maintenance means any maintenance or conservation to the
sound condition of an artwork that requires specialized services.
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Open and accessible means available for use by the general public during normal
hours of business operation consistent with the operation and use of the premises.
Ordinary artwork maintenance means the routine oversight of the operation and
cleaning of and around artworks.
Premises has the same meaning as stated in Land Development Code
section 113.0103.
Public art means artwork acquired or created using funds appropriated by the City
and located in public places.
Public Art Fund means a separate fund established in the City Treasury into which
Civic Enhancement allocations; funding for collections management activities;
funding for public art project management activities; monetary bequests and
donations for specific or unspecified cultural use; grants; grant matching funds; and
Transient Occupancy Tax [TOT] funds may be deposited.
Public art project management activities include, but are not limited to, artist
selection process activities, payment of stipends to artists and consultant fees,
community participation activities, outreach and educational activities, and
implementation of communication tools such as interpretive plaques, project
documentation, and staff administration of all of the above.
Public places means land and buildings owned or controlled by the City.
Redevelopment Project Area means any area formally adopted by the City Council
pursuant to Community Redevelopment Law, California Health and Safety Code
sections 33000 et. seq., maps of which are on file in the Office of the City Clerk.
Redevelopment Agency Project means any undertaking of the City of San Diego
Redevelopment Agency in a Redevelopment Project Area pursuant to the authority
vested in the Redevelopment Agency under California Health and Safety Code
sections 33000 et. seq.
Total building permit valuation means the combined total valuation of all new
structures, including tenant improvements within those new structures, within the
premises, using the latest building valuation data as set forth by the International
Code Council [ICC] and utilized by the City of San Diego Building Official in
determining valuation.
(Amended 4-10-2000, by O-18786 N.S.)
(Renumbered from Section 26.0705 and amended 5-17-2004, by O-19280 N.S.)
(Amended 10-27-2008 by O-19794 N.S.; effective 11-26-2008.)
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§26.0703 Commission for Arts and Culture Established
There is hereby established a Commission for Arts and Culture consisting of fifteen
members, who shall serve without compensation.
The members shall be appointed by the Mayor and confirmed by the City Council,
subject to the following conditions: (1) The Mayor shall appoint six members; and
(2) the Mayor shall appoint the remaining nine members, one each from a list of three
nominations submitted by each Councilmember.
(Amended 4-20-1992, by O-17757 N.S.)
(Renumbered from Section 26.0702 and amended 5-17-2004, by O-19280 N.S.)
(Amended 10-27-2008 by O-19794 N.S.; effective 11-26-2008.)
(Amended 6-22-2016 by O-20656 N.S.; effective 7-22-2016.)
§26.0704 Duties and Functions – Commission for Arts and Culture
The Commission shall:
(a)Advocate for the role and value of arts and culture in civic life.
(b)Promote greater public participation in, and access to, arts and culture.
(c)Evaluate the City’s allocation of TOT funds for arts and culture and
strongly advocate for increasing arts and culture funding to levels which
measurably support the vitality and stability of established arts and
cultural organizations and which foster an environment attractive to and
nurturing of emerging arts and cultural organizations.
(d)Advocate for and explore alternate sources of arts and culture funding
including, but not limited to, grants, donations and corporate
sponsorships.
(e)Advise on the development, implementation, evaluation and/or change
of the City’s arts and culture public policy, legislation, programs and
services.
(f)Advocate for City public policy, legislation, programs and services that
foster a wide range of arts and cultural offerings which engage a diverse
public audience.
(g)Review the annual proposed budget for the Commission as prepared by
the Executive Director of the Commission and provide
recommendations, as appropriate.
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(h)Advise on the administration of the budget for the Commission, and the
arts and culture allocations within TOT funds including, but not limited
to, the Special Promotional TOT Revenue and the Arts, Culture and
Community Festivals category.
(i)Oversee and, when appropriate, participate in an open and impartial
process for evaluating TOT funding applications from local, non-profit
arts and culture organizations.
(j)Recommend to the Mayor, City Council and City Manager the fair
distribution of TOT funds to non-profit arts and culture organizations to
support local arts and culture programming.
(k)Advise on collections management activities and public art project
management activities pertaining to existing and proposed artworks
in/proposed for the Civic Art Collection, or contracted for, exhibited on,
or erected on public places.
(l)Advise on allocations to and from the Public Art Fund.
(m)Advise on the policies and processes whereby artworks are included in
Capital Improvements Program projects and Redevelopment Agency
projects and ensure that artists are involved as early as possible in the
pre-design or design phases for each project.
(n)Advocate for the fair distribution of arts and culture amenities across
each City Council district and throughout the City’s neighborhoods.
(o)Participate in the initiation, implementation and/or sponsorship, alone or
in partnership with other public agencies or private organizations, of
programs and services to support local arts and culture organizations and
individual artists.
(p)Serve as the City’s advocates for arts and culture within the City
Council, as well as the private sector, local, regional, state and federal
governments, and international entities, such as Mexico, Canada, Japan
and other Pacific Rim countries.
(q)Advise on other arts and culture issues as directed by the Mayor, City
Council or City Manager.
(r)Hold regular public meetings and keep written records of the
proceedings which shall be public records.
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(s)Adopt rules consistent with laws for the governance of its business and
procedures.
(Renumbered from Section 26.0703 and amended 5-17-2004, by O-19280 N.S.)
(Amended 10-27-2008 by O-19794 N.S.; effective 11-26-2008.)
§26.0705 Qualification of Commissioners
Commissioners shall be persons who represent the following: individual arts and
culture patrons, artists, educators, the business and professional community, those
with professional qualifications and experience or knowledge of a particular arts and
culture field, and the general public. Efforts should be made to include
Commissioners who represent a diversity of backgrounds including, but not limited
to, gender, age, socio-economic class, geographic location, religion, sexual
orientation, skills and abilities, ethnicity, political affiliation and/or professional
background. Commissioners also shall be persons who will commit to volunteering
time to serve on the board which meets monthly, as well as on at least one
Commission committee and one Commission review panel on an annual basis.
Board Chairs, Presidents, or other officers of the board of directors of an organization
funded by the City through the Commission may not be considered for an
appointment to the Commission or accept such a position while a Commissioner. A
high-level, full-time employee of an organization funded by the Commission may not
be considered for appointment to the Commission or accept such a position while a
Commissioner. In selecting Commissioners, the Mayor or the Mayor’s designee shall
consider whether candidates would be able to effectively and ethically serve in light
of any foreseeable conflicts of interest.
(Amended 4-20-1992, by O-17757 N.S.)
(Renumbered to Section. 26.0702, and added as new section on 5-17-2004, by
O-19280 N.S.)
(Previous Section 26.0705, “Exemptions,” retitled and renumbered to
Section 26.0721, amended 10-27-2008 by O-19794 N.S.; effective 11-26-2008.)
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§26.0706 Designation of Commission Chair and Vice Chair
The Mayor may designate one member as Chair in September of each year in which a
Chair is to be selected; however, in the absence of such designation, the Commission
shall on or after October 15 of such year select from their members a Chair. The
Chair shall take office no earlier than October and no later than December. The Vice
Chair shall be nominated by the Chair and elected by a majority vote of the
Commission.
(Amended 4-20-1992, by O-17757 N.S.)
(Retitled and amended 5-17-2004, by O-19280 N.S.)
(Previous Section 26.0706, “General Public Art Program Allocation Regulations,”
retitled and renumbered to Section 26.0714, amended 10-27-2008 by O-19794 N.S.;
effective 11-26-2008.)
§26.0707 Commissioner Terms
Commissioners shall serve two-year staggered terms for a maximum of eight
consecutive years and each member shall serve until a successor is duly appointed
and confirmed. An interval of four years must pass before an individual can be
reappointed.
The expiration date of all terms shall be August 31.
The Chair shall serve a term of two years and can be designated as Chair by the
Mayor for one additional, consecutive year. An interval of two years must pass before
an individual can be reappointed as Chair.
The Vice Chair shall serve a term of one year and can be reelected as Vice Chair by
the Commission for two additional, consecutive one-year terms. An interval of two
years must pass before an individual can be reappointed as Vice Chair.
(Amended 4-20-1992; by O-17757 N.S.)
(Retitled and amended 5-17-2004; by O-19280 N.S.)
(Previous Section 26.0707,”Public Art Program Allocation Procedures,” retitled and
renumbered to Section 26.0715, amended 10-27-2008 by O-19794 N.S.; effective
11-26-2008.)
§26.0708 Commission Meetings and Reporting
The Commission will meet monthly and report to the Mayor and City Council on an
as needed basis, but not less than one time per year.
(Added 5-17-2004; by O-19280 N.S.)
(Previous Section 26.0708, “General Rules for Public Art Program Allocation
Regulations” retitled and renumbered to Section 26.0716, amended 10-27-2008 by
O-19794 N.S.; effective 11-26-2008.)
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§26.0709 Resignation and Removal of Commissioners
Any Commissioner may submit written resignation to the Chair. The Commissioner
resigning must file a Leaving Office Statement with the City Clerk within thirty days
of the effective date of resignation. It is the Chair’s responsibility to notify the Mayor
of any such resignation.
The Commission may recommend to the Mayor that an individual Commissioner be
removed for sufficient cause.
(Added 5-17-2004, by O-19280 N.S.)
(Previous Section 26.0709, “Declaration of Covenants, Conditions, and
Restrictions,” retitled and renumbered to Section 26.0717, amended 10-27-2008 by
O-19794 N.S.; effective 11-26-2008.)
§26.0710 Commission Quorum
Eight Commissioners shall constitute a quorum authorized to transact business.
(Added 5-17-2004, by O-19280 N.S.)
(Previous Section 26.0710, “Return of Fees,” retitled and renumbered to
Section 26.0718, amended 10-27-2008 by O-19794 N.S.; effective 11-26-2008.)
§26.0711 Commission Conflict of Interest Code
A conflict of interest code shall be adopted for Commissioners, subject to City
Council approval pursuant to Chapter 2, Article 6, Division 1 of this code. All
Commissioners shall be required to complete and file statements of economic
interests in accordance with the conflict of interest code, and shall comply with all
applicable ethics laws.
(Added 5-17-2004, by O-19280 N.S.)
(Previous Section 26.0711, “Failure to Maintain Artwork” retitled and renumbered
to Section 26.0719, amended 10-27-2008 by O-19794 N.S.; effective 11-26-2008.)
§26.0712 Commission for Arts and Culture Executive Director and Staff
The Executive Director of the Commission shall be appointed by the City Manager.
The Director shall be a management assistant to the City Manager. The City
Manager shall provide appropriate staff to support the activities of the Commission
and Executive Director.
(Added 5-17-2004, by O-19280 N.S.)
(Previous Section 26.0712,”Appeal” retitled and renumbered to Section 26.0720,
amended 10-27-2008 by O-19794 N.S.; effective 11-26-2008.)
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§26.0713 Duties and Functions – Executive Director
The Executive Director shall:
(a)Serve as the head of and be responsible for the administration of the
Commission, Commission staff, and their respective purposes, duties and
functions.
(b)Appoint, direct and supervise all City employees on the Commission staff
with the approval of the City Manager, and subject to Civil Service
regulations.
(c)Initiate, administer and propose modifications to such agreements and
instruments as the Executive Director deems reasonably necessary to
implement public policy, legislation, programs and services pertaining to the
Commission, Commission staff, and their respective purposes, duties and
functions.
(d)Prepare the annual proposed budget for the Commission and provide
recommendations, as appropriate, to the Commission before submitting
budget recommendations to the City Manager.
(e)Direct the administration of the budget for the Commission and the arts and
culture allocations within TOT funds including, but not limited to, the Special
Promotional TOT Revenue and the Arts, Culture and Community Festivals
category.
(f)Direct the fair distribution of TOT funds, as approved by City Council, to
non-profit arts and culture organizations to support local arts and culture
programming.
(g)Serve as the steward of the Civic Art Collection and manage any financial
transactions related to collections management activities and public art
project management activities pertaining to all existing and proposed
artworks in/proposed for the Civic Art Collection, or contracted for, exhibited
on, or erected on public places.
(h)Oversee allocations to and from the Public Art Fund.
(i)Initiate agreements to provide professional arts administration services to
other agencies, corporations and companies.
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(j)Prepare and submit reports to the Mayor, City Council and City Manager
pertaining to the purpose, duties and functions of the Commission and the
Commission staff.
(k)Consult with and submit reports to the Commission pertaining to the purpose,
duties and functions of the Commission and the Commission staff.
(l)Manage other duties pertaining to arts and culture as assigned by the City
Manager.
(Added 10-27-2008 by O-19794 N.S.; effective 11-26-2008.)
§26.0714 Civic Enhancement Allocation Regulations and Calculations
(a)To ensure that the City’s increasing urbanization is offset by the creation of
artworks and venues dedicated to cultural use, no final City approval to
occupy any private industrial or commercial development, or any portion
thereof, with a total building permit valuation greater than or equal to
$5,000,000 (revised annually by the percentage increase or decrease in the
Los Angeles/San Diego Construction Cost Index as reported and published by
the Engineering News Record or its successor for the twelve-month period
ending January 1 of each year) may be granted unless a Civic Enhancement
allocation in an amount equal to one percent (when the applicant elects to
meet the requirements of this section pursuant to Subdivision (b)(1) or (b)(2)
or one-half of one percent (when the applicant elects to meet the requirements
of this section pursuant to Subdivision (b)(3) of its total building permit
valuation has been set aside by the applicant, subject to the provisions of
section 26.0716.
(1)For phased development, calculation of total building permit valuation
will be based on the total number of building permits applied for, but
not yet issued, for the premises, but does not include any withdrawn
permit applications.
(2)The valuation of any exempt component of a mixed use development
shall be deducted from the combined total building permit valuation.
(3)The calculation of total building permit valuation shall not include that
portion of new tenant improvements that exceed $150 per square foot
and is an occupancy classification required under the California
Building Code to be a Type I fire rated occupancy classification.
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(b)The Civic Enhancement allocation may be used by the applicant to comply
with the requirements set forth herein through one of the following means:
(1)Placement of artworks valuing one percent of the total building permit
valuation for the development on the premises. If the value of the
artwork, including art consultant fees and the costs for design,
fabrication, installation, and documentation, is not equal to or greater
than the Civic Enhancement allocation, the applicant shall pay into the
Public Art Fund an amount equal to the difference between the
amount of the Civic Enhancement allocation and the value of the
artwork.
(2)Maintaining a portion of the premises which is open and accessible for
cultural use. If the value of that portion of the premises which is open
and accessible for cultural use is not equal to or greater than the Civic
Enhancement allocation, the applicant shall pay into the Public Art
Fund an amount equal to the difference between the amount of the
Civic Enhancement allocation and the value of the premises which is
open and accessible for cultural use.
(3)Depositing into the Public Art Fund, payment of an in-lieu fee equal to
one-half of one percent of the total building permit valuation for the
development.
(Renumbered from Section 26.0706 “General Public Art Program Allocation
Regulations,” retitled to “Civic Enhancement Allocation Regulations and
Calculations” and amended 10-27-2008 by O-19794 N.S.; effective 11-26-2008.)
§26.0715 Civic Enhancement Allocation Declaration
Upon applying for a building permit, the applicant shall:
(a)Declare in writing the means by which the applicant will comply with the
requirements of section 26.0714; and
(b)Where applicable, enter into a Declaration of Covenants, Conditions, and
Restrictions in accordance with section 26.0717.
(Renumbered from Section 26.0707, “Public Art Program Allocation Procedures,”
retitled to “Civic Enhancement Allocation Declaration” and amended 10-27-2008 by
O-19794 N.S.; effective 11-26-2008.)
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§26.0716 Compliance with Civic Enhancement Allocation Regulations
(a)If the applicant chooses to pay an in-lieu fee in accordance with the
provisions of section 26.0714 (b)(3), no building permit for the development
may be issued without payment of the in-lieu fee to the City’s Public Art
Fund.
(b)If the applicant chooses to install an artwork on the premises or maintain a
portion of the premises open and accessible for cultural use in accordance
with the requirements of section 26.0714 (b)(1) or (b)(2), no building permit
for the development may be issued until the applicant deposits with the City
security either in the form of a surety bond issued by a surety company
authorized to do business in the State of California, or in cash, or the
equivalent amount in other security approved by the City Manager and City
Attorney in an amount equal to one-half of one percent of the total building
permit valuation. Any costs associated with acquiring the required security
are the responsibility of the applicant, and may not be applied to the Civic
Enhancement allocation.
(c)Prior to issuance of the Certificate of Occupancy for the development, the
applicant shall submit to Commission staff evidence, satisfactory to the
Executive Director of the Commission, that:
(1)If applicable, the value of the artwork installed on the premises is
equal to or greater than one percent of the total building permit
valuation for the development. Such evidence may include the costs of
art consultant fees, artist design fees, fabrication of the artwork,
installation of the artwork, and/or documentation of the artwork.
(2)If applicable, the value of the portion of the premises which is
maintained open and accessible for cultural use is equal to or greater
than one percent of the total building permit valuation for the
development. Such evidence may include data establishing the
proportional value of the total square footage and all tenant
improvements for the development.
(Renumbered from Section 26.0708, “General Rules for Public Art Program
Allocation Regulations” retitled to “Compliance with Civic Enhancement Allocation
Regulations,” amended 10-27-2008 by O-19794 N.S.; effective 11-26-2008.)
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§26.0717 Declaration of Covenants, Conditions, and Restrictions for Developments
Subject to the Civic Enhancement Allocation Regulations
If the applicant installs an artwork on the premises or maintains a portion of the
premises open and accessible for cultural use in accordance with the requirements of
section 26.0714 (b)(1) or (b)(2), the development shall have recorded against it a
Declaration of Covenants, Conditions, and Restrictions in favor of the City and in a
form approved by the City Attorney which shall include the following provisions as
appropriate:
(a)The owner of the development shall provide all necessary maintenance of the
artwork, including preservation of the artwork in good condition to the
reasonable satisfaction of the City and protection of the artwork against
destruction, distortion, mutilation, or other modification. The owner of the
premises may retain ten percent of the Civic Enhancement allocation in order
to fund the costs of conservation, ongoing maintenance, insurance, and
security of the artwork, as necessary to comply with the requirements set forth
herein.
(b)The owner of the development shall ensure that the artwork will be located in
an area that is open and accessible.
(c)A description of that portion of the premises which will be maintained open
and accessible and its designated cultural use.
(d)Any other reasonable terms necessary to implement the provisions set forth
herein.
(Renumbered from Section 26.0709, “Declaration of Covenants, Conditions, and
Restrictions,” retitled to “Declaration of Covenants, Conditions, and Restrictions for
Developments Subject to the Civic Enhancement Allocation Regulations,” amended
10-27-2008 by O-19794 N.S.; effective 11-26-2008.)
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§26.0718 Return of Civic Enhancement Allocations
(a)Civic Enhancement allocations paid into the City’s Public Art Fund which are
unexpended within five years from the date of payment may be returned to the
then current owner(s) of the development, with all interest actually earned
thereon, if a written request for return is filed with the City Treasurer during
the fifth year after payment, and refund of the Civic Enhancement allocations
is approved by the City Council. The request for return shall be verified, and
include the date of payment, the amount paid and method of payment, the
location of the development for which the Civic Enhancement allocation was
paid, and a statement that the person making the request paid the Civic
Enhancement allocation or is the current owner of the development.
(b)The City Council shall determine if return of the then unexpended portion of
the Civic Enhancement allocation and interest is appropriate and, if so, the
method of refund. No refund shall be appropriate if the City Council
determines any one of the following conditions applies:
(1)The City Council finds that the funds are needed for artwork or
cultural use.
(2)The Civic Enhancement allocations were not posted as fees, but were
satisfied by letter of credit, bond or other instrument taken to secure
payment at a future date.
(3)The administrative cost of refunding unexpended Civic Enhancement
allocations exceeds the amount to be refunded, provided notice of a
public hearing on this issue has been published and posted on the site
of the development in not less than three places.
(Renumbered from Section 26.0710, “Return of Fees,” retitled to “Return of Civic
Enhancement Allocations,” amended 10-27-2008 by O-19794 N.S.; effective
11-26-2008.)
§26.0719 Failure to Maintain Artwork Created Through Civic Enhancement
Allocations
Failure to maintain artworks created through Civic Enhancement allocations may be
a public nuisance.
(Renumbered from Section 26.0711, “Failure to Maintain Artwork” retitled to
“Failure to Maintain Artwork Created Through Civic Enhancement Allocations,”
amended 10-27-2008 by O-19794 N.S.; effective 11-26-2008.)
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§26.0720 Civic Enhancement Allocation Appeal
Any applicant may seek review of a decision by the Executive Director of the
Commission under section 26.0716 (c) by filing an application for an appeal hearing
with the Executive Director of the Commission no later than ten business days after
the Executive Director’s decision.
The Executive Director of the Commission shall coordinate a date for an appeal
hearing before the City Manager or the City Manager’s designee no later than ten
business days after the date on which an application for the appeal hearing is filed
with the Executive Director. The appeal hearing shall generally be held within sixty
business days following the filing of the application for the hearing. The Certificate
of Occupancy may be withheld pending resolution of the appeal.
At the conclusion of the appeal hearing, the City Manager or the City Manager’s
designee may affirm, reverse, or modify the Executive Director’s decision. The
decision of the City Manager is final.
(Renumbered from Section 26.0712, “Appeal” retitled to “Civic Enhancement
Allocation Appeal,” amended 10-27-2008 by O-19794 N.S.; effective 11-26-2008.)
§26.0721 Civic Enhancement Allocation Exemptions
The Civic Enhancement allocation requirements do not apply to the following:
(a)Industrial and commercial development with a total building permit valuation
of less than $5,000,000 or current threshold pursuant to section 26.0716.
(b)Any premises which has an institutional use, such as churches, hospitals, and
schools.
(c)Any premises which is used solely for residential development.
(d)Any premises which is owned or leased solely by a non-profit entity and used
in furtherance of the owner’s or lessee’s non-profit purpose.
(e)Industrial and commercial development that is not open and accessible, in its
entirety, to the general public due to security reasons.
(f)Industrial and commercial development that is not open and accessible, in its
entirety, to the general public due to the storage and use of hazardous,
radiological, or infectious materials that may jeopardize the public’s safety.
(Renumbered from Section 26.0705, “Exemptions,” retitled to “Civic Enhancement
Allocation Exemptions,” amended 10-27-2008 by O-19794 N.S.; effective
11-26-2008.)
Page 52 of 70
Ch.Art.Div.
2 6 7 17
San Diego Municipal Code Chapter 2: Government
(7-2016)
§26.0722 Control of Artworks
No artworks shall be contracted for, exhibited on, or erected on public places, or
become the property of the City by acquisition or otherwise, or be in the custody of
the City by loan or otherwise, unless such artworks, shall first have been submitted to
and accepted by the Commission staff, and following review and recommendation by
the Commission. No existing artworks owned by or in the custody of the City shall be
deaccessioned, removed, relocated, conserved, altered, exhibited or disposed of in
any way without the approval of Commission staff, and following review and
recommendation by the Commission.
(Added 10-27-2008 by O-19794 N.S.; effective 11-26-2008.)
§26.0723 Management of Artworks
All collections management activities shall be the responsibility of the Commission
staff, and undertaken with the advice of the Commission. Ordinary artwork
maintenance of artworks in the Civic Art Collection is the responsibility of the City
department at which the artwork is sited and shall be undertaken at the direction of
Commission staff.
(Added 10-27-2008 by O-19794 N.S.; effective 11-26-2008.)
§26.0724 Acquisition of Artworks
(a)Commission staff may authorize the purchase of artworks for inclusion in the
Civic Art Collection following the review and recommendation of the
Commission.
(b)Commission staff shall, on behalf of the City, accept, with or without
conditions, or reject donations, bequests or incoming loans of artwork
following the review and recommendation of the Commission. Title to all
donated and bequeathed artworks accepted by the City and accessioned into
the Civic Art Collection shall be vested and held in the name of the City.
(Added 10-27-2008 by O-19794 N.S.; effective 11-26-2008.)
Page 53 of 70
Ch.Art.Div.
2 6 7 18
San Diego Municipal Code Chapter 2: Government
(7-2016)
§26.0725 Deaccession and Disposal of Artworks
(a)Commission staff shall deaccession and dispose of artworks from the Civic
Art Collection, following the review and recommendation of the Commission.
(b)When an artwork to be deaccessioned and disposed of through sale has an
estimated fair market value of $250,000 or more, Commission staff shall
submit a report on the recommendation for the sale to the Mayor, City
Council and City Manager prior to initiating the sale.
(c)When an artwork is deaccessioned and disposed of through sale, the artwork
shall be sold through methods either administered by or approved by the
Purchasing Agent. When an artwork is deaccessioned and disposed of
through sale or exchange, the Executive Director may administer acceptance
of all deeds of conveyance necessary and proper to affect a duly authorized
sale or exchange.
(Added 10-27-2008 by O-19794 N.S.; effective 11-26-2008.)
§26.0726 Loans from the Civic Art Collection
Commission staff is authorized to loan artworks from the Civic Art Collection to City
departments, agencies, institutions, organizations or galleries. Loans are made
according to the terms and conditions of loan agreements.
(Added 10-27-2008 by O-19794 N.S.; effective 11-26-2008.)
§26.0727 Reproductions or Adaptations of Artworks
Commission staff is authorized to negotiate with the copyright holder for each
artwork in or proposed for inclusion in the Civic Art Collection for the purpose of
acquiring a license to make, or cause to be made reproductions or adaptations of
artworks. Reproductions or adaptations of artworks are made according to the terms
and conditions of the licensing agreement.
(Added 10-27-2008 by O-19794 N.S.; effective 11-26-2008.)
Page 54 of 70
Ch.Art.Div.
2 6 7 19
San Diego Municipal Code Chapter 2: Government
(7-2016)
§26.0728 Proceeds from the Sale, Loan, Reproduction or Adaptation of Artworks
All monies received from the sale of artworks from the Civic Art Collection must be
expended on new acquisitions for the Civic Art Collection. Proceeds from the loan of
artworks from the Civic Art Collection or from the licensing of the making of
reproductions or adaptations thereof, less any payments due, shall be deposited into
the Public Art Fund.
(Added 10-27-2008 by O-19794 N.S.; effective 11-26-2008.)
Page 55 of 70
Chapter 10.65
EDMONDS DIVERSITY COMMISSION
Sections:
10.65.010 Establishment and purpose of the commission.
10.65.020 Appointment, membership and terms of appointment.
10.65.030 Officers of commission – Meetings – Quorum.
10.65.040 Powers and duties.
10.65.010 Establishment and purpose of the commission.
A. There is hereby created an Edmonds diversity commission consisting of nine members.
B. The mission of the Edmonds diversity commission is to promote and embrace diversity
through action, education, and guidance. The commission seeks to foster an understanding that
includes, accepts, respects and appreciates each individual member of our community. [Ord.
3994 § 1 (Exh. A), 2015].
10.65.020 Appointment, membership and terms of appointment.
A. The Edmonds diversity commission will seek to attract members that are interested in
diversity issues, can respect different viewpoints, are action-oriented, and have personal
experience that will provide empathy and community understanding regarding issues of diversity
and will contribute to a diverse commission. The mayor, city council and commission will
consider the EEOC goals in selecting the initial slate of commission members. Members of the
commission must be residents of the city of Edmonds.
B. The first slate of commissioners seated will be selected by the mayor and city council. The
mayor will appoint two members, and each of the seven councilmembers will appoint one
member to the commission. Subsequent appointments will be made by the seated commission
and will be subject to council confirmation.
C. Terms of the commission members will be three years, except as set forth below. There will
be no term limits.
D. In the event that any commissioner resigns or fails to attend three consecutive commission
meetings, or four total commission meetings in one calendar year, without such absences being
excused (pursuant to ECC 1.05.010(B)), that position will be deemed vacant, and a subsequent
appointment will be made by a vote of the seated commission, subject to council confirmation.
E. In order to ensure the fewest terms will expire in any one year, the initial terms of the
appointed positions will be staggered in the following manner:
1. Position No. 1: expires after one year; appointed by the mayor.
2. Position No. 2: expires after one year; appointed by council seat No. 1.
3. Position No. 3: expires after one year; appointed by council seat No. 2.
4. Position No. 4: expires after two years; appointed by council seat No. 3.
5. Position No. 5: expires after two years; appointed by council seat No. 4.
6. Position No. 6: expires after two years; appointed by council seat No. 5.
7. Position No. 7: expires after three years; appointed by council seat No. 6.
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8. Position No. 8: expires after three years; appointed by council seat No. 7.
9. Position No. 9: expires after three years; appointed by the mayor.
F. Members may be removed by the mayor with the approval of city council after a public
hearing before the city council, for inefficiency, neglect of duty, or malfeasance in office.
Vacancies on the commission shall be advertised, and the new appointee(s) shall be selected
from the applications received, except that commissioners may elect to interview and/or appoint
from applicants received in response to an advertised vacancy within three months prior to any
new vacancy. Any appointment to a position vacated other than by the expiration of the term of
the appointment shall be to fill the unexpired portion of the term.
G. The seated commission will adhere to the code of conduct adopted by city council and
pertinent to boards and commissions. Violations of the code of conduct shall constitute
malfeasance in office.
H. The city council president may appoint one councilmember to serve as a nonvoting, ex officio
member of the commission.
I. In accordance with Chapter 10.03 ECC, the commission may appoint a high school or college
student to participate as a nonvoting member of the commission. [Ord. 4069 §§ 1, 2, 2017; Ord.
3994 § 1 (Exh. A), 2015].
10.65.030 Officers of commission – Meetings – Quorum.
Members of the commission shall meet and organize by electing from the members of the
commission a chair, vice chair, and such other officers as may be determined by the commission.
It shall be the duty of the chair to preside at all meetings. The vice chair shall perform this duty
in the absence of the chair. Five members shall constitute a quorum for the transaction of
business. A majority of the quorum may transact any particular business of the commission. The
commission shall set its own meeting dates and the city shall give notice of such meeting in
compliance with the Open Public Meetings Act of the state of Washington, as it now exists and
as it may be amended from time to time. Professional and general staff will be provided at the
discretion of the mayor and city council. [Ord. 3994 § 1 (Exh. A), 2015].
10.65.040 Powers and duties.
The commission is empowered to advise and make recommendations to the mayor and city
council, and as appropriate to other boards and commissions on such matters as may be
specifically referred to the commission by the mayor or city council, including, but not limited
to:
A. Serve as a commission for city government and the community by providing information,
education, and communication that facilitates understanding of diversity and to celebrate and
respect individual differences.
B. Recommend to the mayor and city council diversity opportunities to promote programs, and
provide guidance to assure an accessible, safe, welcoming and inclusive government and
community.
Page 57 of 70
C. Support, challenge, and guide government and the community to eliminate and prevent all
forms of discrimination.
D. The commission shall deliver an annual report to the city council in written and oral form
each year, when appropriate, to begin at least one year after the commission begins its work, and
during other times as directed by the mayor or council. [Ord. 3994 § 1 (Exh. A), 2015].
Concerns Regarding Draft Proclamation/Resolution
1-Begin from point of recognition of diversity as a central strength of the City—next comes
inclusivity;
2-Fifth “whereas” regarding ACLU lawsuit may not add to the discussion;
3-Commission options—1-ad hoc temporary commission created by resolution
2-“permenant” (with possible sundown) in PMC title 2 requires Code
amendment ordinance;
3-24 months may not be long enough
4-Commission meetings suggest once per month and as needed by the majority of the
Commission members;
5-term of service of one year may be too short—time to learn the job then do something and
annual Council selection and hearing candidates may be a bit burdensome;
6-Need clear goals and role of City staff via City Manager in examining “City Departments”
7-OPM training:
8-Updates to Council—monthly perhaps more effective if cumulative centered on goals rather
than time;
9-Findings of discrimination may be problematic (section 6(1) and (3));
10-Attendance of Chair at City Council meetings a bit onerous—role?;
11-Commission selection criteria? Voting Districts?
12-Removal same as other commissions—failure to meet, conduct.
Page 58 of 70
Pasco Inclusivity Proclamation
WHEREAS, The City of Pasco desires to protect the constitutional rights of its citizens,
including the right to be free of discriminatory practices and the fair application of law; and
WHEREAS, Article I, Section I of the Washington Constitution declares that
“governments derive their just powers from the consent of the governed, and are established to
protect and maintain individual rights”; and
WHEREAS, the Washington State Legislature has established the “Washington Law
Against Discrimination” pursuant to chapter 49.60 RCW; and
WHEREAS, pursuant to Revised Code of Washington (“RCW”) 49.60.010, the
Washington State Legislature has declared: “practices of discrimination against any of its
inhabitants because of race, creed, color, national origin, families with children, sex, marital
status, sexual orientation, age, honorably discharged veteran or military status, or the presence of
any sensory, mental, or physical disability or the use of a trained dog guide or service animal by
a person with a disability … threatens not only the rights and proper privileges of its inhabitants
but menaces the institutions and foundation of a free democratic state”; and
WHEREAS, pursuant to RCW 49.60.030, the “right to be free from discrimination
because of race, creed, color, national origin, sex, honorably discharged veteran or military
status, sexual orientation, or the presence of any sensory, mental, or physical disabi lity or the use
of a trained dog guide or service animal by a person with a disability is recognized as an d
declared to be a civil right”; and
WHEREAS, the City Council hereby declares its affirmation to support and uphold the
constitution and applicable laws within the City; and
WHEREAS, the City Council desires to demonstrate that the City of Pasco is a
welcoming and inclusive City, where laws apply equally to all citizens, and where individuals,
families, and businesses are welcome.
NOW THEREFORE, be it resolved by the City Council of the City of Pasco, Franklin
County, Washington as follows:
Section 1. Declaration of City Council. The City Council desires to demonstrate that the
City of Pasco is an inclusive City, where equal protection of the law applies to all citizens, and
where individuals, families, and businesses are welcome, strengthening Pasco through diversity
and unity, and as such, hereby establishes a citizen lead Inclusivity Commission to provide
recommendations to the City Council and staff for city wide inclusivity improvements.
Section 2. Establishment of Pasco Inclusivity Commission. The City of Pasco herby
establishes a citizen board which will henceforth be known as the “Pasco Inclusivity
Commission.” The City Council hereby directs staff to develop a charter for the Pasco
Inclusivity Commission within XX days of the date on which this Proclamation is signed.
Page 59 of 70
Section 3. Mission of Inclusivity Commission. The primary mission of the Pasco
Inclusivity Commission will be to promote diversity in Pasco by committing to equality and
inclusiveness in the City of Pasco.
Section 4. Selection of Inclusivity Commission. The Pasco Inclusivity Commission will
consist of five members:
1. Chairperson, selected by the council who will facilitate all meetings;
2. Vice-Chair who shall complete the duties of the Chairperson in its absence; and
3. Three (3) voting members who will aid the commission in its work.
Each of the five Commission members serves at the pleasure and appointment of the city council
and must reapply for their seat once every year. A majority rule shall control Commission
meetings, that is, all votes shall move forward on a simple majority vote, and each member’s
vote shall count as a single vote. Members cannot pass their voting rights to another member.
Section 5. The requirements of the commission will be as follows:
1. Meet twice a month, on the first and third [DAY], except when such days are legal
holidays.
2. Provide monthly updates to the City Council, which may be transmitted via electronic
mail to the City Council members and the City Manager.
3. All Commission Meetings will be open to the public
4. The Chair of the Commission will be required to attend city council meetings and present
Commission findings to the council upon Council’s request. Council shall provide notice
of at least 72 hours of such required attendance. When the Chair is unavailable, another
member of the Commission may be appointed in the Chair’s stead.
5. All Commission members MUST be residents who have in Pasco for at least 1 year, or
must have a licensed business, operating within the Pasco City limits.
6. The Commission will issue special reports as needed by the City Council at any time
during its sitting
7. The Commission will be a strictly advisory board that will provide a final report to the
City Council summarizing recommendations based on goals established jointly by the
Commission and City Council within 90 days of appointment of a full (5 member)
Commission.
8. City Council does not delegate legislative, policy, or other binding authority to the
Commission.
Section 6. Goals of Inclusivity Commission. The goals of the Pasco Inclusivity Commission
are as follows:
1. Examine the practices and procedures of the City of Pasco’s departments to determine
whether such practices and procedures result in discrimination of its citizens.
2. Identify issues facing Pasco’s diverse population and provide recommendations to the
City Council.
Page 60 of 70
3. Engage with Pasco residents, interest groups, and businesses, seeking to determine
whether discriminatory treatment. As the Commission has no police powers, it may not
bring legal action, but should make City Council, and City staff, through City Council,
aware of such behavior as soon as possible after it witnesses such behavior.
4. Identify where there are gaps in services based on the identified cultural norms and
behaviors and provide possible solutions
5. Determine ways to encourage more citizens to be involved in the community
6. Identify ways that the city can be more inclusive in engagement with our citizens and
businesses that will better promote unity, equality, and understanding in Pasco.
7. Present recommendations to the Pasco City Council on how to best engage Pasco
Residents allow all citizens a forum where they may participate to provide meaningful
input for City policy matters involving diversity and embracing Pasco’s unique culture
and identity.
Section 7. Celebration of Diversity. The Commission shall, within 60 days of appointment,
provide the City Council with a report on opportunities to recognize and celebrate Pasco’s
diverse culture.
Section 8. Effective Date. This Resolution shall be effective upon adoption.
Section 9. Termination. This Commission shall expire within 24 months of the date so
appointed, unless extended by a majority vote of the City Council no less than 60 days prior to
the date of expiration. If so extended, the term shall be extended by 24 months, unless otherwise
indicated by the City Council.
Page 61 of 70
A PROCLAMATION OF THE CITY OF KIRKLAND
Proclaiming Kirkland as a Safe, Inclusive and Welcoming
City for All People
WHEREAS, Kirkland’s vision statement describes the City as being a welcoming place to
live, work and play, that highly values diversity and is respectful, fair, and inclusive,
committed to providing neighborhoods and businesses that meet the needs of a variety of
incomes, ages and lifestyles, with community engagement that creates a sense of
belonging through shared values; and,
WHEREAS, the City of Kirkland is committed to protecting and serving everyone who
resides in, works in, or visits Kirkland without discrimination based on race, religion, color,
national origin, sex, age, income or economic status, political affiliation, military status,
sexual orientation, or physical, mental or sensory ability; and,
WHEREAS, Kirkland believes in the dignity, equality and constitutional and civil rights of all
people, and will not tolerate hate, intolerance, discrimination, harassment or any behavior
that creates fear, isolation or intimidation; and,
WHEREAS, Kirkland’s vibrancy and sense of community are stronger for our diversity and
shared values of acceptance and respect; and,
WHEREAS, the Kirkland City Council supports these principles and strives to reflect them in
their actions as Kirkland’s elected leaders; and,
WHEREAS, Kirkland city employees also support these principles and strive to embody
these ideals every day as they provide critical services such as police, fire, parks, public
Page 62 of 70
works and much more in an inclusive and equitable manner to all residents, visitors and
businesses in Kirkland;
NOW, THEREFORE, I, Amy Walen, Mayor of Kirkland, do hereby proclaim that the City of
Kirkland is deeply committed to promoting a just society that respects and welcomes all
people, direct City staff to assist the City Council in developing and implementing a program
to communicate the City’s values, and invite the community to come together to discuss
and support the shared values of diversity and inclusion.
Signed this 3rd day of January, 2017
______________________
Amy Walen, Mayor
Page 63 of 70
A PROCLAMATION OF THE CITY OF RICHLAND
PROCLAIMING RICHLAND A WELCOMING CITY FOR ALL PEOPLE
WHEREAS, Article I, Section I of the Washington State Constitution declares that “governments derive their
just powers from the consent of the governed, and are established to protect and maintain individual rights”; and
WHEREAS, Richland believes in the dignity, equality and constitutional and civil rights of all people, who
deserve to live free from unlawful discrimination, harassment or any behavior that creates fear, isolation or
intimidation; and
WHEREAS, both federal and state legislative authorities have established laws against discrimination, codified
in Washington as Chapter 49.60 RCW and as Title VII; and
WHEREAS, pursuant to RCW 49.60.010, the Washington State Legislature finds and declares “practices of
discrimination against any of its inhabitants because of race, creed, color, national origin, families with children,
sex, marital status, sexual orientation, age, honorably discharged veteran or military status, or the presence of
any sensory, mental, or physical disability or the use of a trained dog guide or service animal by a person with a
disability … threatens not only the rights and proper privileges of its inhabitants but menaces the institutions and
foundation of a free democratic state”; and
WHEREAS, pursuant to RCW 49.60.030, the “right to be free from discrimination because of race, creed, color,
national origin, sex, honorably discharged veteran or military status, sexual orientation, or the presence of any
sensory, mental, or physical disability or the use of a trained dog guide or service animal by a person with a
disability is recognized as and declared to be a civil right of the people of this state”; and
WHEREAS, the City adopted the Richland Human Rights Ordinance, codified as Title 25 RMC, with the
express purpose to “promote equality and understanding among all citizens, to establish fair employment
practices and fair housing practices in the city, and to eliminate and prevent discrimination in employment in
credit and insurance transactions, in places of public resort, accommodation, or amusement, and in real property
transactions because of race, creed, color, national origin, sex, marital status, age or the presence of any sensory,
mental or physical handicap”; and
WHEREAS, the City Council hereby declares its affirmation to support, uphold, and enforce all applicable laws
within the City; and
WHEREAS, pursuant to the City’s adopted Vision Statement, the vision of the City and its citizens is to continue
to be “a progressive, safe and family-friendly community that welcomes diversity.” Richland’s vibrancy and
sense of community is stronger for its diversity and shared values of acceptance and respect.
NOW, THEREFORE, I, Robert J. Thompson, by virtue of the authority vested in me as Mayor of the City of
Richland, Washington, do hereby proclaim that the City of Richland is a city that strives in all instances and
through all actions to be a welcoming City, where unlawful discrimination is not and shall not be tolerated,
where laws apply equally to all citizens, and where all individuals, families, and businesses are welcome so
that they may flourish and prosper within its boundaries.
IN WITNESS WHEREOF I have hereunto set my hand and caused to be affixed hereto the official seal of the
City of Richland, Washington, on this 21st day of November, 2017.
_______________________________________
Robert J. Thompson, Mayor
Page 64 of 70
AGENDA REPORT
FOR: City Council January 19, 2018
TO: Dave Zabell, City Manager Workshop Meeting: 1/22/18
FROM: Stan Strebel, Deputy City Manager
Executive
SUBJECT: City Property on Commercial Avenue
I. REFERENCE(S):
Request for Proposals - 2.11 Acres Industrial Land
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
Discussion
III. FISCAL IMPACT:
IV. HISTORY AND FACTS BRIEF:
The City owns a 2.11 acre property on Commercial Avenue and north of Highway 12.
The property is zoned light industrial and is located next to another City-owned parcel
which serves as a storm detention pond for the King City area.
The subject parcel has a history of some environmental contamination which has been
addressed by the City and approved by the Department of Ecology. As a result of this,
the parcel is restricted to industrial or commercial development uses.
Last year, the City Council authorized staff to market the property for sale. In June of
2017, a newspaper ad was published and notices requesting proposals on the purchase
of the property were mailed to several individuals who had expressed interest in
purchasing the property. The City had acquired an appraisal of the property in May
2017, indicating a value of $185,000 for the parcel.
The City received no responses to its initial request for proposals, but has continued to
have numerous inquires, since that time. The property has been posed "for sale" for
approximately five months.
A few weeks ago, the City received a written offer to purchase the property.
Page 65 of 70
V. DISCUSSION:
While Council can consider the price of property for sale, as it relates to various
factors, in executive session, the discussion of the factors themselves (i.e., proposed
use, timetable, benefit to the community), as well as method of sale, must be discussed
in an open, public session. As the City has already provided an opportunity for those
with interest in purchasing the property to submit proposals, staff recommends that a
reasonable approach is to consider a negotiation with the proposer to see if a purchase
and sale agreement can be reached. Staff further suggests that the following factors be
considered in reaching terms: proposed use(s) and timetable for development.
After agreement on the factors for discussion regarding pricing, staff recommends
meeting in executive session to consider the City's position.
Page 66 of 70
CITY OF PASCO
REQUEST FOR PROPOSALS
For Purchase or Lease of
2.11 Acres Industrial Land
Located between Commercial Avenue and Highway 12
Pasco Washington
INVITATION:
The City is seeking proposals from parties interested in the purchase or lease and development of
the parcel described herein. At the end of the proposal period, the City may choose to engage
with a proposer to discuss a possible agreement to sell the site through a purchase and sale
agreement or to enter into an agreement to lease the same. The decision of the City will be based
on a number of criteria, which are intended to create the best overall value to the City.
The City may withdraw from this process at any time, and submitters may withdraw their
proposals and participation at any time they so choose without recourse. The city reserves all
options with respect to any subsequent process or decisions concerning disposition of the
property.
AVAILABLE SITE:
The available site is a vacant land parcel of 91,939 square feet (2.11 acres), which is zoned I-1,
Light Industrial. The parcel is situated west of Commercial Avenue and east of US Highway 12.
The parcel is located approximately ½ mile east of the interchange of I-182, US Highway 395
and Highway 12.
The property is located in the southern portion of an established commercial and light industrial
neighborhood within the City. The neighborhood has utility services available which include
City water and sewer, in addition to electricity, natural gas, telephone and solid waste collection
services. (See attached photo.)
SUBMITTALS DUE:
Friday, July 14, 2017 by 4:00pm.
SUBMITTALS:
Proposals, one copy, shall be submitted either printed or as electronic file, Adobe PFD,
preferred. Proposals will be received in person, via US Mail or email:
Stan Strebel, Deputy City Manager
525 N. 3rd Avenue
P.O. Box 293
Pasco, WA 99301
509-543-5760
strebels@pasco-wa.gov
Page 67 of 70
Request for Proposals – 2.11 Acres, Commercial Avenue, Pasco, WA
Page 2
Page 68 of 70
Request for Proposals – 2.11 Acres, Commercial Avenue, Pasco, WA
Page 3
LEGAL DESCRIPTION:
This legal description was obtained from Lot 1, Building Site Plan 99-03 recorded on May 28,
1999 in Volume 1 of Surveys Page 48, Records of Franklin County.
That portion of Tract D of Record Survey No. 1-275, records of Franklin County,
lying in the southwest quarter of the northwest quarter of Section 21, Township 9
North, Range 30 East, Described as follows:
Beginning at the northwest corner of said Tract D; thence south 27°51′33″ west
along the west line of said Parcel D 354.73 feet to the southwest corner of said
Parcel D, said point lying on a curve to the right, the radius point of which bears
south 27°51′30″ west 4560.00 feet; thence southeasterly along said curve and
along the south line of said Parcel D 249.46 feet; thence north 31°00′16″ east
354.69 feet to a point on the south right-of-way line of Commercial Avenue, said
point lying on a curve to the left, the radius point of which bears south 31°00′16″
west 4910.00 feet; thence northwesterly along said curve and said right-of-way
line 268.93 feet to the said point of beginning.
Containing 2.11 acres.
Together with and subject to easements, reservations, covenants, and restrictions
of record and in view.
ENVIRONMENTAL:
The property was once part of a solid waste landfill in the 1940-50s. A voluntary cleanup plan
was performed in 1999 and soil contamination above residential standards, but below
commercial standards, was found. A remediation plan was completed and the site has been
declared “No Further Action” (NFA) required by the Washington State Department of Ecology.
As part of the remediation plan, a restrictive covenant, which limits the use of the property to
industrial or certain commercial (wholesale, heavy machinery sales and services, warehouses,
mobile home sales and services, lumber sales) uses (see Franklin County Auditor File No.
1670984).
REVIEW PROCESS:
The City of Pasco will consider each proposal to evaluate benefits of the land/lease price offered,
development timetable, development value and creation of economic benefit. The minimum
acceptable purchase price is $185,000; the minimum monthly lease amount is $1000.00,
exclusive of Washington State Leasehold Excise Tax (12.84%). Weighted criteria will be used
to determine the best overall value to the City, including land/lease price (35 points);
developer/proposer experience (15 points); and financial ability to deliver a quality project and
schedule (50 points). The preferred candidate may be invited to meet with City staff to discuss
their proposal.
Page 69 of 70
Request for Proposals – 2.11 Acres, Commercial Avenue, Pasco, WA
Page 4
DISCRETION AND AUTHORITY:
The City reserves the right to reject any and/or all submittals.
The City is not responsible for the cost of submittal development.
The City retains the right to modify the RFP at any time.
The City may decide on a process for further action to dispose of the property or may
delay action to a later time/date.
NOTICE REGARDING PUBLIC RECORDS:
Washington State Public Records Act (RCW 42.56) requires that public agencies make public
records available promptly for inspection unless they fall within Act exemptions. Submittals
received under this Request for Proposals (RFP) shall be considered public records. Subject to
the paragraphs below, submittals will be available for inspection and copying by the public at the
conclusion of the selection process.
If a submitter considers any portion of the concept to be protected under the law,
the submitter shall clearly identify on the page(s) affected such words as
“CONFIDENTIAL, PROPRIETARY or BUSINESS SECRET.” The submitter
shall also identify the affected page number(s) and location(s) of any material to
be considered as confidential (attach additional sheets as necessary).
If a request is made for disclosure of such portion, the City will determine
whether the material should be made available under the law. If the material is
not exempt from public records law and is marked by the applicant as
confidential, the City will notify the submitter of the request and allow the
submitter ten (10) days to take whatever action it deems necessary to protect its
interests. If the submitter fails or neglects to take such action within said period,
the City will release the portion of the submittal deemed subject to disclosure. By
submitting a concept, the submitter assents to the procedure outlined in this
paragraph and shall have no claim against the City on account of actions taken
under this procedure.
DISCLAIMER: THE INFORMATION IN THIS RFP HAS BEEN PREPARED
FOR INFORMATIONAL PURPOSES AS GENERAL REFERENCE AND
GUIDANCE FOR POTENTIAL SUBMITTERS. IT IS EACH SUBMITTER’S
RESPONSIBILITY TO PERFORM ITS OWN REVIEW AND DUE
DILIGENCE WITH RESPECT TO FACTS AND THE APPLICATION OF
LAW.
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