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HomeMy WebLinkAbout2018.02.20 Council Meeting PacketRegular Meeting AGENDA PASCO CITY COUNCIL 7:00 p.m. February 20, 2018 Page Please note that our Council meeting will take place on Tuesday, February 20 as City Hall will be closed Monday, February 19 in honor of Presidents’ Day 1. CALL TO ORDER: 2. ROLL CALL: (a) Pledge of Allegiance 3. CONSENT AGENDA: All items listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by roll call vote as one motion (in the form listed below). There will be no separate discussion of these items. If further discussion is desired by Council members or the public, the item may be removed from the Consent Agenda to the Regular Agenda and considered separately. 4. PROCLAMATIONS AND ACKNOWLEDGEMENTS: 5 - 8 (a) Approval of Minutes To approve the Minutes of the Pasco City Council Regular Meeting dated February 05, 2018. 9 - 11 (b) Bills and Communications To approve claims in the total amount of $1,978,925.20 ($1,180,645.53 in Check Nos. 220570-220836; $98,091.54 in Electronic Transfer Nos. 819677, 819742-819744, 819746-819747; $28,133.21 in Check Nos. 51412- 51436; $670,294.99 in Electronic Transfer Nos. 30116821-30117300; $1,759.93 in Electronic Transfer Nos. 450-452). To approve bad debt write-off for Utility Billing, Ambulance, Cemetery, General Accounts, Miscellaneous Accounts, and Municipal Court (non- criminal, criminal, and parking) accounts receivable in the total amount of $247,499.68 and, of that amount, authorize $158,657.36 to be turned over for collection. 12 - 17 (c) * Final Plat: Chiawana Heights (MF# FP2017-012) To approve the Final Plat for Chiawana Heights. Page 1 of 43 Regular Meeting February 20, 2018 (RC) MOTION: I move to approve the Consent Agenda as read. 5. VISITORS - OTHER THAN AGENDA ITEMS: This item is provided to allow citizens the opportunity to bring items to the attention of the City Council or to express an opinion on an issue. Its purpose is not to provide a venue for debate or for the posing of questions with the expectation of an immediate response. Some questions require consideration by Council over time and after a deliberative process with input from a number of different sources; some questions are best directed to staff members who have access to specific information. Citizen comments will normally be limited to three minutes each by the Mayor. Those with lengthy messages are invited to summarize their comments and/or submit written information for consideration by the Council outside of formal meetings. 6. REPORTS FROM COMMITTEES AND/OR OFFICERS: (a) Verbal Reports from Councilmembers 7. HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS RELATING THERETO: 8. ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS: 18 - 21 (a) Purchasing Authority MOTION: I move to adopt Ordinance No. 4379, amending Chapter 3.85 "Purchasing" of the Pasco Municipal Code, directing the City Manager to prepare a Comprehensive Purchasing Policy and Providing for Reporting and, further, authorize publication by summary only. 22 - 24 (b) * Ordinance modifying PMC 5.04.170 "Business License and Regulations - Exemptions" MOTION: I move to adopt Ordinance No. 4380, amending the section of Business License and Regulations - Exemptions, Section 5.04.170 of the Pasco Municipal Code and, further, authorize publication by summary only. 25 - 28 (c) Inclusivity Commission MOTION: I move to approve Resolution No. 3820, establishing an Inclusivity Commission. 29 - 37 (d) Councilmember Use of Social Media MOTION: I move to approve Resolution No. 3821, adopting the City Councilmember Social Media Policy. 9. UNFINISHED BUSINESS: Page 2 of 43 Regular Meeting February 20, 2018 10. NEW BUSINESS: 38 - 41 (a) Professional Services Agreement with JUB Engineers for Lewis Street Overpass, No. 13007 MOTION: I move to approve the Professional Services Agreement for the design services of the Lewis Street Overpass project, and further, authorize the City Manager to execute the agreement. 42 - 43 (b) Council Communications and Phones 11. MISCELLANEOUS DISCUSSION: 12. EXECUTIVE SESSION: 13. ADJOURNMENT. (RC) Roll Call Vote Required * Item not previously discussed Q Quasi-Judicial Matter MF# “Master File #....” REMINDERS: 1. 6:00 p.m., Tuesday, February 20, City Hall Conference Room #1 – LEOFF Disability Board Meeting. (MAYOR MATT WATKINS and COUNCILMEMBER CRAIG MALONEY) 2. 5:30 p.m., Wednesday, February 21, Clover Island Inn – Benton, Franklin & Walla Walla Counties Good Roads & Transportation Association Meeting. (COUNCILMEMBER RUBEN ALVARADO, Rep.; SAUL MARTINEZ, Alt.) 3. 5:45 p.m., Wednesday, February 21, Richland Public Library – Tri-City Regional Public Facility District Board Meeting. (MAYOR MATT WATKINS, COUNCILMEMBERS CRAIG MALONEY and SAUL MARTINEZ) 4. 4:00 p.m., Thursday, February 22, 7130 W. Grandridge Blvd – TRIDEC Board Meeting. (COUNCILMEMBER DAVID MILNE, Rep.; CRAIG MALONEY, Alt.) 5. 5:30 p.m., Thursday, February 22, 7130 W. Grandridge Blvd – Dr. Rebekah Woods Community Reception. (MAYOR MATT WATKINS, COUNCILMEMBERS RUBEN ALVARADO and CRAIG MALONEY) Page 3 of 43 Regular Meeting February 20, 2018 This meeting is broadcast live on PSC-TV Channel 191 on Charter Cable and streamed at www.pasco-wa.gov/psctvlive. Audio equipment available for the hearing impaired; contact the Clerk for assistance. Page 4 of 43 AGENDA REPORT FOR: City Council February 12, 2018 TO: Dave Zabell, City Manager Regular Meeting: 2/5/18 FROM: Daniela Erickson, City Clerk Administrative & Community Services SUBJECT: Approval of Minutes I. REFERENCE(S): Minutes 02.05.18 II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: To approve the Minutes of the Pasco City Council Regular Meeting dated February 05, 2018. III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: V. DISCUSSION: Page 5 of 43 REGULAR MEETING MINUTES PASCO CITY COUNCIL FEBRUARY 5, 2018 CALL TO ORDER: The meeting was called to order at 7:00 p.m. by Matt Watkins, Mayor. ROLL CALL: Councilmembers present: Ruben Alvarado, Blanche Barajas, Craig Maloney, Saul Martinez, David Milne, Pete Serrano, and Matt Watkins. Staff present: Dave Zabell, City Manager; Stan Strebel, Deputy City Manager; Leland Kerr, City Attorney; Richard Terway, Interim Public Works Director; Rick White, Community & Economic Development Director; Richa Sigdel, Finance Director; Dan Dotta, Interim Administrative & Community Services Director; Bob Metzger, Police Chief and Bob Gear, Fire Chief. The meeting was opened with the Pledge of Allegiance. CONSENT AGENDA: Approval of Minutes To approve the Minutes of the Pasco City Council Regular Meeting dated January 16, 2018. Bills and Communications To approve claims in the total amount of $5,177,034.27 ($3,351,467.37 in Check Nos. 220209 - 220569; $1,141,629.56 in Electronic Transfer Nos. 819236 - 819288, 819301 - 819334, 819342 - 819343, 819346 - 819355, 819357 - 819593, 819630 - 819634; $27,953.01 in Check Nos. 51383 - 51411; $653,738.68 in Electronic Transfer Nos. 30116369 - 30116820; $2,245.65 in Electronic Transfer Nos. 448 - 449). Special Permit Appeal: Solid Waste Transfer Station in an I-1 Zone (2022 Commercial Ave LLC) (MF# APPL 2018-001) To set 7:00 p.m., March 19, 2018, as the time and date, for a closed record hearing to consider the appeal of the Planning Commission recommendation filed under Master File # APPL 2018-001. (The original date of March 5 was amended to March 19, 2018.) MOTION: Mr. Maloney moved to approve the Consent Agenda as read and amended for Item 3c. Mr. Serrano seconded. Motion carried by unanimous Roll Call vote. VISITORS - OTHER THAN AGENDA ITEMS: Joan Larsen, 3320 W. Pearl, requested the City not proceed with legal costs against them due to an ongoing Code Enforcement matter. Stated they did not violate any City Municipal Code, particularly 25.22.030(3). Maricela Sanchez, Physician with Kadlec Hospital. Ms. Sanchez stated she has treated a number of patients injured primarily in West Pasco. The injuries were due to traffic, cyclist or pedestrian crashes. She urged the council to reconsider the way our streets are designed. Rather than have wide multi-lane roads in shopping and school areas, it would be safer if designed differently, and Page 1 of 3 Page 6 of 43 REGULAR MEETING MINUTES PASCO CITY COUNCIL FEBRUARY 5, 2018 suggested looking into the Complete Streets and Street Calming models. REPORTS FROM COMMITTEES AND/OR OFFICERS: Mr. Milne reported he attended the Mid Columbia EMS Meeting today. Last Thursday he attended the Parks and Recreation Advisory Council meeting and reported that the City, working with the County, mulched 765 Christmas trees. Mr. Martinez recently attended the Hanford Communities meeting. He stated the meeting discussion centered on the contamination at the PFP. Mr. Martinez also attended the AWC Legislative Days in Olympia along with other Council members. They were there to meet and share ideas with legislators. Mayor Watkins commented that they used the recently adopted legislative priority list while in Olympia. ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS: Proposed Parking Restrictions on Schuman Lane Council discussed the details of the proposed ordinance. MOTION: Mr. Maloney moved to adopt Ordinance No. 4377, amending Pasco Municipal Code, Section 10.56.080, Schedule III "Parking Prohibited at All Times on Certain Streets." Mr. Serrano seconded. Motion carried unanimously. GMA Development Agreements Council discussed the details of the proposed ordinance. MOTION: Mr. Maloney moved to adopt Ordinance 4378, creating Chapter 26.50 "GMA Development Agreements," and further, authorize publication by summary only. Mr. Milne seconded. Motion carried unanimously. City Property on Commercial Avenue Mr. Martinez recused himself. Council and staff discussed the details of the sale. MOTION: Mr. Maloney moved to approve Resolution No. 3817, approving the sale of certain real property on Commercial Avenue. Mr. Serrano seconded. Motion carried 6-0. Mr. Martinez - absent. Special Permit: Location of a Used Auto Sales Lot in a C-1 Zone (MF# SP2017-020) Mr. White explained the details of the proposed special permit MOTION: Mr. Maloney moved to approve Resolution No. 3818, approving a special permit for the location of an auto sales lot in a C-1 zoning district at 1424 North 4th Avenue. Ms. Barajas seconded. Motion carried unanimously. Special Permit: Expansion of a Daycare Center in an RS-12 District Council and staff discussed the details of the proposed special permit. Page 2 of 3 Page 7 of 43 REGULAR MEETING MINUTES PASCO CITY COUNCIL FEBRUARY 5, 2018 MOTION: Mr. Maloney moved to approve Resolution No. 3819, approving a special permit for the expansion of a commercial daycare center located at 3503 W Sylvester Street. Mr. Martinez seconded. Motion carried unanimously. MISCELLANEOUS DISCUSSION: Mr. Zabell reported the National Citizen Survey is almost complete and will be discussed at the upcoming Retreat. Two Community Forums will be held on March 6, 2018 at the TRAC and on March 7, 2018 at the Collegium Cafe. This will be an opportunity for the public to share about the future of Pasco. In addition, the comprehensive plan update is due this year in conjunction with Franklin County's eight year cycle. It is a twenty year planning horizon. Using the mid-range for population estimates, Pasco has an expectation of 131,000 by 2038. Also, the final Budget books have been made available to each Council Member. ADJOURNMENT: There being no further business, the meeting was adjourned at 7:39 p.m. PASSED AND ADOPTED this 20th day of February, 2018. APPROVED: ATTEST: Matt Watkins, Mayor Daniela Erickson, City Clerk Page 3 of 3 Page 8 of 43 AGENDA REPORT FOR: City Council February 15, 2018 TO: Dave Zabell, City Manager Regular Meeting: 2/20/18 FROM: Richa Sigdel, Director Finance SUBJECT: Bills and Communications I. REFERENCE(S): Accounts Payable 02.20.18 Bad Debt Write-off/Collection II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: To approve claims in the total amount of $1,978,925.20 ($1,180,645.53 in Check Nos. 220570-220836; $98,091.54 in Electronic Transfer Nos. 819677, 819742-819744, 819746-819747; $28,133.21 in Check Nos. 51412-51436; $670,294.99 in Electronic Transfer Nos. 30116821-30117300; $1,759.93 in Electronic Transfer Nos. 450-452). To approve bad debt write-off for Utility Billing, Ambulance, Cemetery, General Accounts, Miscellaneous Accounts, and Municipal Court (non-criminal, criminal, and parking) accounts receivable in the total amount of $247,499.68 and, of that amount, authorize $158,657.36 to be turned over for collection. III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: V. DISCUSSION: Page 9 of 43 January 16, 2018 Claims Bank Payroll Bank Gen'l Bank Electronic Bank Combined Check Numbers 220570-220836 51412-51436 Total Check Amount $1,180,645.53 $28,133.21 Total Checks 1,208,778.74$ Electronic Transfer Numbers 819677 30116821-30117300 450-452 819742-819744 819746-819747 Total EFT Amount $98,091.54 $670,294.99 $1,759.93 $0.00 Total EFTs 770,146.46$ Grand Total 1,978,925.20$ Councilmember 360,689.52 28,107.77 0.00 0.00 9,327.92 5,000.00 0.00 3,947.22 32,382.30 1,324.12 6,326.77 46,298.12 1,615.84 2,472.17 0.00 194.66 21,338.61 0.00 620.60 17,843.00 0.00 426.81 780.65 0.00 162,347.53 448,358.25 34,206.96 10,039.61 5,229.64 0.00 46,794.65 287.63 1,758.70 731,206.15 GRAND TOTAL ALL FUNDS:1,978,925.20$ EQUIPMENT RENTAL - REPLACEMENT GOVERNMENTAL EQUIPMENT RENTAL - REPLACEMENT BUSINESS MEDICAL/DENTAL INSURANCE OLD FIRE OPEB FLEX PAYROLL CLEARING STADIUM/CONVENTION CENTER LID GENERAL CAP PROJECT CONSTRUCTION UTILITY, WATER/SEWER EQUIPMENT RENTAL - OPERATING GOVERNMENTAL EQUIPMENT RENTAL - OPERATING BUSINESS SPECIAL ASSESSMENT LODGING LITTER ABATEMENT REVOLVING ABATEMENT TRAC DEVELOPMENT & OPERATING PARKS ECONOMIC DEVELOPMENT ATHLETIC PROGRAMS GOLF COURSE SENIOR CENTER OPERATING MULTI-MODAL FACILITY SCHOOL IMPACT FEES RIVERSHORE TRAIL & MARINA MAIN C.D. BLOCK GRANT HOME CONSORTIUM GRANT NSP GRANT MARTIN LUTHER KING COMMUNITY CENTER AMBULANCE SERVICE CEMETERY Councilmember SUMMARY OF CLAIMS BY FUND: GENERAL FUND STREET ARTERIAL STREET STREET OVERLAY City of Pasco, Franklin County, Washington We, the undersigned, do hereby certify under penalty of perjury the materials have been furnished, the services rendered or the labor performed as described herein and the claim is a just, due and unpaid obligation against the city and we are authorized to authenticate and certify to such claim. Dave Zabell, City Manager Richa Sigdel, Finance Director We, the undersigned City Councilmembers of the City Council of the City of Pasco, Franklin County, Washington, do hereby certify on this 16th day of January, 2018 that the merchandise or services hereinafter specified have been received and are approved for payment: C I T Y O F P A S C O Council Meeting of: Accounts Payable Approved The City Council Page 10 of 43 BAD DEBT WRITE-OFF/COLLECTION January 1 – January 31, 2018 1. UTILITY BILLING - These are all inactive accounts, 60 days or older. Direct write-off are under $20 with no current forwarding address, or are accounts in "occupant" status. Accounts submitted for collection exceed $20.00. 2. AMBULANCE - These are all delinquent accounts over 90 days past due or statements are returned with no forwarding address. Those submitted for collection exceed $10.00. Direct write off including DSHS and Medicare customers; the law requires that the City accept assignment in these cases. 3. COURT ACCOUNTS RECEIVABLE - These are all delinquent non-criminal and criminal fines, and parking violations over 30 days past due. 4. CODE ENFORCEMENT – LIENS - These are Code Enforcement violation penalties which are either un-collectable or have been assigned for collections because the property owner has not complied or paid the fine. There are still liens in place on these amounts which will continue to be in effect until the property is brought into compliance and the debt associated with these liens are paid. 5. CEMETERY - These are delinquent accounts over 120 days past due or statements are returned with no forwarding address. Those submitted for collection exceed $10.00. 6. GENERAL - These are delinquent accounts over 120 days past due or statements are returned with no forwarding address. Those submitted for collection exceed $10.00. 7. MISCELLANEOUS - These are delinquent accounts over 120 days past due or statements are returned with no forwarding address. Those submitted for collection exceed $10.00. Direct Write-off Referred to Collection Total Write-off Utility Billing $ 160.56 4,648.55 4,809.11 Ambulance $ 88,681.76 6,094.51 94,776.27 Court A/R $ .00 102,006.30 102,006.30 Code Enforcement $ .00 45,798.00 45,798.00 Cemetery $ .00 .00 .00 General $ .00 110.00 110.00 Miscellaneous $ .00 .00 .00 TOTAL: $ 88,842.32 158,657.36 247,499.68 Page 11 of 43 AGENDA REPORT FOR: City Council January 29, 2018 TO: Dave Zabell, City Manager Rick White, Director Community & Economic Development Regular Meeting: 2/20/18 FROM: Darcy Bourcier, Planner I Community & Economic Development SUBJECT: Final Plat: Chiawana Heights (MF# FP2017-012) I. REFERENCE(S): Overview Map Vicinity Map Final Plat II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to approve the Final Plat for Chiawana Heights. III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: The City's current process requires the Planning Commission to conduct a hearing to review a preliminary plat and ensure that the plat conforms to all planning standards as established in the PMC. The Planning Commission subsequently makes a recommendation to City Council which the Council may adopt or reject. At the time of final plat approval, all issues related to zoning, environmental impact, and building have been resolved. In May of 2017 the Council approved a preliminary plat for Chiawana Heights. The developer is now seeking final plat approval for the subdivision. Chiawana Heights is a single-family residential development located in the 4200 block of Road 84 to the east of Loviisa Farms II. The development will occur in three phases with a total of 80 single-family lots. The first phase contains 37 of those 80 lots and the Page 12 of 43 average lot size will be just over 8,000 square feet. The property will have access from Road 84 and a future north-south road to the east. V. DISCUSSION: Prior to the approval of a final plat, the developer is to either install all infrastructure or post a bond or other instrument that secures the financing for the infrastructure improvements. In this case, the developer has posted a bond for the improvements. The final map provides and illustrates information on primary control points, tract boundaries, dimensions, bearings, lot numbers, and other necessary survey data. In addition, the plat contains the required descriptions, dedication, and acknowledgment and approval sections. As of mid-February the developer has met all requirements; staff recommends approval of the Final Plat of Chiawana Heights. Page 13 of 43 Item:Chiawana Heights 80-Lot Preliminary Plat " Overview Applicant:Ron Asmus Homes Inc.Map File #:PP 2017 002FP2017-Page 14 of 43 Item:Chiawana Heights 80-Lot Preliminary Plat " Applicant:Ron Asmus Homes Inc. File #:PP 2017-002 Vicinity FP 2017-Page 15 of 43 Page 16 of 43 Page 17 of 43 AGENDA REPORT FOR: City Council February 13, 2018 TO: Dave Zabell, City Manager Regular Meeting: 2/20/18 FROM: Stan Strebel, Deputy City Manager Executive SUBJECT: Purchasing Authority I. REFERENCE(S): Proposed Ordinance II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to adopt Ordinance No. _____, amending Chapter 3.85 "Purchasing" of the Pasco Municipal Code, directing the City Manager to prepare a Comprehensive Purchasing Policy and Providing for Reporting and, further, authorize publication by summary only. III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: At the meeting of February 12, Council considered staff's request to set a new higher limit on the purchasing authority granted to the City Manager. A limit of $300,000 was suggested and appeared to be agreeable to the Council. It was suggested by Mr. Maloney that purchases above $100,000 could be reported to Council as part of the monthly financial report, rather than at the next regular meeting, as had been proposed by staff. Staff had also indicated its development of a new comprehensive purchasing policy. The attached proposed Ordinance provides for: 1. An amendment to the PMC to codify the proposed new limit; 2. Direction to staff to complete the new purchasing policy and advise Council of the completion; and 3. Direction to report purchases in excess of $100,000 in conjunction with Council's monthly finance report. Page 18 of 43 V. DISCUSSION: Staff recommends adoption of the Ordinance. Page 19 of 43 ORDINANCE NO. ______________ AN ORDINANCE of the City of Pasco Washington amending Chapter 3.85 “Purchasing” of the Pasco Municipal Code, directing the City Manager to prepare a Comprehensive Purchasing Policy and Providing for Reporting. WHEREAS, The Pasco City Council and City staff have identified the need to update the City’s policies governing the purchase of goods, materials and services; and WHEREAS, the 2018 Budget provides for the new staff position of Procurement Officer; and WHEREAS, the Procurement Officer, City staff, City Council and the interests of the public will be best served by the development of a Comprehensive Purchasing Policy; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. That PMC Section 3.85.010 is hereby amended to read as follows. 3.85.010 PURCHASE AUTHORITY OF MATERIALS, SUPPLIES OR EQUIPMENT IN AN AMOUNT OF LESS THAN $35,000, NOT CONNECTED TO A PUBLIC WORKS PROJECT. The City Manager is authorized to make purchases of purchase any materials, supplies, or equipment or services, not connected to a public works project as authorized in the City’s annual budget with sufficient funds available, where the cost will be less than $35,000 for such items, using such procedures as will best assure the lowest practical price for such items where such purchase is authorized in the City’s current budget with sufficient funds available, where the total cost (including applicable sales tax, etc.) for such purchase will be less than $300,000. All purchases shall be made and completed in accordance with applicable law. The City Manager shall report all purchases, in excess of $100,000 to the City Council as a part of the monthly financial report. Section 2. The City Manager is hereby directed to prepare a comprehensive City Purchasing Policy, for use by City staff to implement purchasing activities in accordance with law and policy, and to provide the City Council with notice of completion and implementation of the policy. Section 3. The City Manager shall provide notice of each purchase, the total cost of which exceeds $100,000, to the City Council within monthly finance reports prepared for the Council. Section 4. All provisions of the Pasco Municipal Code which are in conflict with this Ordinance are hereby repealed. The City Manager is directed to prepare appropriate ordinances to remove conflicting language from the Municipal Code. Page 20 of 43 Chapter 3.85 “Purchasing” Page 2 Section 5. This Ordinance shall take effect five (5) days after passage and publication according to law. PASSED by the City Council of the City of Pasco at a regular meeting this 20th day of February, 2018. Matt Watkins, Mayor ATTEST: APPROVED AS TO FORM: Daniela Erickson, City Clerk Leland B. Kerr, City Attorney Page 21 of 43 AGENDA REPORT FOR: City Council February 7, 2018 TO: Dave Zabell, City Manager Regular Meeting: 2/20/18 FROM: Richa Sigdel, Finance Director Finance SUBJECT: Ordinance modifying PMC 5.04.170 "Business License and Regulations - Exemptions" I. REFERENCE(S): Ordinance II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to adopt Ordinance No. __________ amending the section of Business License and Regulations - Exemptions, Section 5.04.170 of the Pasco Municipal Code; and, further, authorize publication by summary only. III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: During 2017 legislative session, the State Legislature passed Business License Bill HB-2005 effective July 23, 2017. This Bill requires all cities with a general business license program to partner for administration of such program with either the Washington State Business License Service (BLS) or FileLocal. Council was briefed in detail on this change and the impact to the City, and approved to change in business license process and fees during December 4, 2017 regular meeting. The City has been operating under these approved changes since January 1st, 2018. The changes to business license process was a significant effort for the City, not only due to the size of the municipal code that governs the program, but also because the City had to ensure that certain key languages were in sync with the State. V. DISCUSSION: Page 22 of 43 As the City is going through the implementation of the new general Business Licenses from City's platform to BLS, we have found an area of municipal code that needed modification/clarification. This modification will remove the requirement that the nonprofit organization be qualified under Internal Revenue Service Regulation 501(c) as shown in attached ordinance. In processing application this year, staff became aware of nonprofits under Washington State requirements which do not have the 501 status. The amendment essentially keeps the City's definition of the nonprofit organization prior to the amendments last year. Staff recommends approval of the Ordinance. Page 23 of 43 ORDINANCE NO AN ORDINANCE of the City of Pasco, amending Pasco Municipal Code Section 5.04.170 (Business License and Regulations – Exemptions). WHEREAS, The City changed its business license code in December of 2017 to abide by Business License Bill HB-2005 effective July 23, 2017. WHEREAS, The City Council has determined that an amendment to the code is needed to expand the definition of a nonprofit organization within the City; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. PMC Section 5.04.170 is hereby amended and shall read as follows: 5.04.170 EXEMPTIONS. NONPROFIT ORGANIZATIONS. Nonprofit organizations operating without private profit, either regularly or temporarily, for a public, charitable, educational, literary, fraternal or religious purpose shall apply for a no fee business license at the City and conduct activities only after the no fee business license has been issued. To qualify for the no fee nonprofit license, the applicant must provide proof of being granted tax- exempt status by the federal Internal Revenue Service under section 501(C) of the U.S. Code. This no fee provision shall apply only to the nonprofit organization but not persons sponsored by nonprofit organizations if any private profit whatever is derived from its operation. Any business conducted where only parts of the proceeds go to a nonprofit organization is not exempt from a business license fee. Section 2. This Ordinance shall take effect on 5th day after its passing and publication as required by law. PASSED by the City Council of the City of Pasco this 20th day of February 2018. Matt Watkins, Mayor ATTEST: APPROVED AS TO FORM: ____________ __________________ Daniela Erickson, City Clerk Leland B. Kerr, City Attorney Page 24 of 43 AGENDA REPORT FOR: City Council February 14, 2018 TO: Dave Zabell, City Manager Regular Meeting: 2/20/18 FROM: Stan Strebel, Deputy City Manager Executive SUBJECT: Inclusivity Commission I. REFERENCE(S): Resolution II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to approve Resolution No. _____, establishing an Inclusivity Commission. III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: At the meeting of January 22, Council discussed the topic of inclusivity in terms of a statement by the City as well as an effort to promote the principles of inclusive government through a citizen's commission A committee consisting of Councilmembers Barajas, Alvarado and Serrano was appointed to further refine and bring recommendations back to the Council. The work of the committee, attached as a proposed resolution, and discussed at the meeting of February 12, provides both a statement of City Council goals and a framework for the establishment of the Inclusivity Commission. V. DISCUSSION: Staff has made minor edits to the Resolution [including incorporating the prior Section 7 into Section 6 (see #5)] pursuant to Council discussion. Page 25 of 43 Inclusivity Commission Resolution Page 1 RESOLUTION NO. _______ A RESOLUTION of the City of Pasco, Washington establishing an Inclusivity Commission to provide recommendations to the City Council for implementation by staff for City-wide inclusivity improvements. WHEREAS, the City of Pasco has historically been the home for diverse cultures within our region, creating its unique character and opportunities, as well as a source of pride for all who live here; and WHEREAS, the City Council of the City of Pasco desires to protect and encourage our diverse culture, as well as to protect the constitutional rights of its citizens, including the right to be free of discriminatory practices and the fair application of law and to demonstrate that Pasco is a welcoming and inclusive City, where laws apply equally to all who live here, and where individuals, families and businesses are welcome; and WHEREAS, the City Council of the City of Pasco is honored to serve the entire community, and seeks to provide equal protection to our residents and access to all of the City’s services to those that live here; 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 e stablished the “Washington Law Against Discrimination” which declares 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”; and WHEREAS, the Pasco City Council, by oath, declares to uphold and support the Constitution and laws of the State of Washington, and hereby reaffirms its support to do so for equal benefit of all those who live here; and WHEREAS, the Pasco City Council, to advise it in meeting these goals and responsibilities, desires to create an ad hoc Inclusivity Commission; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, DOES RESOLVE AS FOLLOWS: Section 1. Declaration of City Council. The City of Pasco is hereby declared to be an Inclusive City, committed to embracing diversity and promoting equality among our work force, residents, businesses, and visitors and, hereby establishes an ad hoc Inclusivity Commission to provide recommendations to the City Council for implementation by staff for City-wide inclusivity improvements. Section 2. Establishment of Pasco Inclusivity Commission. The City Council hereby establishes a citizen ad hoc commission to be known as the “Pasco Inclusivity Commission.” The City Council further directs the City Manager to develop a charter for the Pasco Inclusivity Page 26 of 43 Inclusivity Commission Resolution Page 2 Commission to be submitted to the City Council for adoption within sixty (60) days of the date of the passage of this Resolution. Section 3. Mission of Inclusivity Commission. The primary mission of the Pasco Inclusivity Commission is to assist the Pasco City Council in promoting inclusivity in Pasco. The Commission shall conduct such activities, including public hearings, to identify means to promote and embrace diversity and inclusivity and to make such recommendations to the City Council for action, education, and guidance to foster an environment that includes, accepts, respects and appreciates all members of our community. Section 4. Selection of Inclusivity Commission. The Pasco Inclusivity Commission shall consist of seven (7) voting members. The Mayor shall appoint the members of the commission with confirmation of the appointments by the Pasco City Council as follows: 1. The Commission Chairperson shall be selected by the City Council who shall conduct the meetings of the Commission and report to the Pasco City Council as requested or provided below. 2. A Vice-Chair selected by a majority of the Commission shall fulfill the duties of the Chairperson in absence of the Chairperson. 3. In appointing members of the Commission, the City Council will strive to select such members to represent the general City population in age, gender, race, ethnicity, sexual orientation and national origin. 4. The term for service shall be one (1) year, and may be subject to reappointment. 5. The commission members or vacancies shall be in accordance with PMC 2.58.010. 6. The majority rule shall control commission meetings with each member having a single vote. 7. Commission members may not assign or grant proxies for their voting rights. 8. The City Council may appoint a City Councilmember to serve as a non -voting liaison to the commission. The City Council may direct the City Manager to appoint a staff advisor who shall serve as a non-voting liaison to the commission. Section 5. The Commission. The requirements of the commission will be as follows: 1. Meet one time per month at the date and time determined by the commission, or more often as may be necessary. 2. Develop a working plan and procedures in accordance with the Council adopted Charter. 3. Report to the City Council as progress occurs; however, not less than an annual report to the City Council. 4. All Commission Meetings shall be open to the public. Page 27 of 43 Inclusivity Commission Resolution Page 3 5. All Commission members must be residents who have lived within the Pasco City limits for at least one (1) year, or have a currently licensed business, operating within the City. 6. The Commission will issue special reports at the request of the City Council at any time during its sitting. 7. The Commission will be an advisory board to the City Council. 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 to identify strategies to create a greater feeling of inclusion and welcoming for all who live and work in Pasco. 2. Engage with Pasco residents, interest groups, and businesses, seeking feedback on their experiences that can improve life in our community. 3. Identify strategies that help the City to be more inclusive in engaging our residents and businesses that will better promote unity, equality and understanding in Pasco. 4. Identify funding strategies to implement these goals. 5. Provide the City Council with a report on opportunities to recognize and celebrate Pasco’s diverse culture. 6. Present recommendations to the Pasco City Council on how to achieve the goals above. Section 7. This Commission shall expire within twenty-four (24) months of the date of this Resolution unless extended by a majority vote of the Pasco City Council no less than ninety (90) days prior to the date of expiration. If so extended, the term shall be extended by such period as determined by the City Council. Section 8. Effective Date. This Resolution shall be effective upon approval. PASSED by the City Council of the City of Pasco this 20th day of February, 2018. CITY OF PASCO Matt Watkins, Mayor ATTEST: APPROVED AS TO FORM: Daniela Erickson, City Clerk Leland B. Kerr, City Attorney Page 28 of 43 AGENDA REPORT FOR: City Council February 14, 2018 TO: Dave Zabell, City Manager Regular Meeting: 2/20/18 FROM: Stan Strebel, Deputy City Manager Executive SUBJECT: Councilmember Use of Social Media I. REFERENCE(S): Proposed Resolution Adopting City Council Social Media Policy II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to approve Resolution No. _____, adopting the City Councilmember Social Media Policy. III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: At the meeting of February 12, Council considered issues related to social media use. It appeared to be the consensus of the Council that members' use of social media for official purposes should be through City-owned applications and governed by written policy. V. DISCUSSION: Staff has prepared the attached resolution for Council's consideration and approval, if acceptable. The Resolution references a social media policy, which has been adapted from the example policy reviewed earlier by Council. The policy includes references to legal standards, provides procedural direction for possible disputes and outlines rules for use of City-owned social media tools. Staff proposes that the policy be included within the City's collection of Administrative Rules for convenient access. Page 29 of 43 RESOLUTION NO. A RESOLUTION adopting a Social Media Policy for members of the Pasco City Council. WHEREAS, the Pasco City Council recognizes the convenience, utility and effectiveness in the use of various social media tools to communicate with constituents; and WHEREAS, the Council also recognizes the public records, ethics, open meeting and other laws which are a consideration in social media uses; and WHEREAS, the City Council has determined to adopt a Councilmember Social Media Policy to guide members in the use of social media, and govern the use of City-owned media; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO RESOLVE AS FOLLOWS: Section 1: The Pasco City Council hereby adopts the attached Councilmember Social Media Policy (Administrative Order No. 010). Passed by the City Council of the City of Pasco this 20th day of February 2018. Matt Watkins, Mayor ATTEST: APPROVED AS TO FORM: Daniela Erickson, City Clerk Leland B. Kerr, City Attorney Page 30 of 43 CITY OF PASCO ADMINISTRATIVE ORDERS Administrative Order No. 010 City Council Subject: Councilmember Social Media Initial Effective Date: February 20, 2018 Revised Approved I. PURPOSE: The purpose of this policy is to establish a formal process and standards for the use of social media by City Councilmembers in their official capacities. The purpose of social media sites/tools that are owned or maintained by the City of Pasco for Councilmembers is to provide a limited forum to communicate with their constituents and members of the public regarding subjects that are directly related to the City of Pasco and the Pasco community. II. REFERENCES: A. RCW 42.17A.555: Use of public office or agency facilities in campaigns, Prohibition - Exceptions B. Ch. 42.23 RCW: Code of Ethics for Municipal Officers – Contracts Interests C. Ch. 42.30 RCW: Open Public Meetings Act D. Ch. 42.36 RCW: Appearance of Fairness Doctrine - Limitations E. Ch. 42.56 RCW: Public Records Act F. City of Pasco Administrative Order No. 209 “Personal Social Media Use” III. POLICY: This policy outlines the roles, responsibilities, and best practice recommendations for the use of social media by City Councilmembers in their official capacities. Members of the Council are committed to open and progressive communications between themsel ves and their constituents utilizing available and future online technologies within the limits of the law. This policy applies to any social media site or tool used by City Councilmembers in their official capacities to communicate with constituents or the general public. Where indicated, certain provisions of this policy shall apply only to social media sites/tools that are owned or maintained by the City of Pasco, including sites/tools that are established by the City for Councilmembers. It is primarily the responsibility of each Member of the City Council to ensure compliance with this policy. Page 31 of 43 Administrative Order No. 010 – “Social Media for Councilmembers” Page 2 IT IS THE CITY’S PREFERENCE AND INTENT THAT CITY COUNCILMEMBERS WILL NOT UTILIZE SOCIAL MEDIA TO COMMUNICATE IN THEIR OFFICIAL CAPACITIES EXCEPT THROUGH SOCIAL MEDIA SITES/TOOLS THAT ARE OWNED OR MAINTAINED BY THE CITY OF PASCO. THE USE OF PRIVATE SOCIAL MEDIA SITES/TOOLS FOR THIS PURPOSE IS STRONGLY DISCOURAGED. IV. DEFINITIONS: A. “Chat” is a feature that allows instant messages to be sent. B. “Comment” is a response to a post, an article or other social media content submitted by a visitor. C. “Like” is a feature that allows users to show their support for a specific comments, pictures, wall posts, statuses, or fan pages. The “Like” button allows users to show their appreciation for content without having to make a written comment. D. “Post” is an original entry onto a social media site by the user of the site. “Sharing” is to relay a previously created post onto a different social media site. E. “Social Media” are third-party hosted online technologies that facilitate social interactions and dialogue. These online technologies are operated by non -city hosted services and may be used by City Councilmembers to communicate with the public. Such third party hosted services/tools may include, but are not limited to: social networking sites (MySpace, Facebook Linked-In), micro-blogging tools (Twitter, RSS feeds), audiovisual networking sites (YouTube, Flickr), and blogs, etc. F. “Tagging” is a mechanism of linking a person, page or place to a post. “Visitor” is a person who views a Councilmember’s social media site. V. GENERAL POLICY: While social media, with its use of popular abbreviations and shorthand, does not adhere to standard conventions of correspondence, the content and tenor of online conversations, discussions, and information posts and comments should model the same professional behavior displayed during Council meetings and community meetings. Social media are not to be used by City Councilmembers as mechanisms for conducting official City business other than to informally communicate with the public. Examples of business that may not be conducted through social media include: making policy decisions, official public noticing, and discussing confidential City matters that have not been approved for release to the public. City Councilmembers’ social media site(s) should contain links directing users back to the City’s official website for in-depth information, forms, documents, or online services necessary to conduct official city business. Page 32 of 43 The City’s Communications Program Manager, following consultation with the City Manager, may cause categories of official City of Pasco social media applications, tools, or sites to be permanently or temporarily discontinued if they are not or cannot be used in compliance with this policy. The Communications Program Manager shall exercise such discretion in a viewpoint-neutral, evenhanded, and non-arbitrary manner. VI. ADMINISTRATION, ENFORCEMENT AND DISPUTE RESOLUTION: The Communications Program Manager shall have primary responsibility to administer and enforce the provisions of this policy with respect to social media sites/tools that are owned or maintained by the City of Pasco. Any Councilmember aggrieved by an administrative decision or enforcement action of the Communications Program Manager under this policy may appeal such decision or action to the remaining members of the City Council by filing a written statement with the City Clerk within five (5) business days of the decision or action. The written statement shall set forth all relevant facts and any supporting legal argument. The Communications Program Manager may thereafter file with the City Clerk a written response within five (5) business days. The appealing Councilmember shall thereafter have two (2) business days in which to file a written reply with the City Clerk. The City Council shall consider all such submittals, in open session, without a hearing, and make a decision denying or sustaining the appeal. The appealing Councilmember shall not participate in making the decision of the Council. There shall be no further right of administrative appeal. VII. ETHICS AND ELECTIONS RULES OF COMPLIANCE: All content posted on individual City Councilmembers’ social media sites shall comply with applicable Council rules or procedures, City ordinances and Washington State law regulating public agencies and elected officials. For social media sites/tools that are owned or maintained by the City of Pasco, no content that promotes or advertises commercial services, entities, or products may be posted. City Councilmembers will not post or release proprietary, confidential, or sensitive information on social media sites in a manner that violates applicable state law, including, without limitation, RCW 42.23.070 – Prohibited Acts (see also Administrative Order No. 209, attached). Social media sites/tools that are owned or maintained by the City of Pasco shall not contain posts, comments, or links to any content that supports or opposes political candidates or ballot propositions, including, without limitation, links to an elected official’s campaign site. Page 33 of 43 Administrative Order No. 915 – Media Relations Page 4 VIII. RECORDS RETENTION ACT COMPLIANCE: State and local records retention laws and schedules apply to social media content. All social media content that is required to be retained shall be maintained for the legally required retention period based on the subject matter of the content. Prior approval of the retention format and procedures for each social media tool being used must be received from the City Manager upon the advice and recommendations of the City Clerk, Communications Program Manager and Information Services Manager. Except for social media sites/tools that are owned or maintained by the City of Pasco, which will be retained through the City’s archiving system, it is the ultimate responsibility of each Councilmember to maintain current, approved retention procedures and to ensure that those procedures are followed. As with any correspondence sent in his or her capacity as an elected official, City Councilmembers’ postings to social media sites maintained by others must be retained by the posting Member to the extent that such content constitutes a “public record” as defined by Chapter 42.56 RCW. Printouts of postings to others’ sites may suffice for retention purposes. City Councilmembers should consult with the City Clerk for the applicable retention schedule and method. IX. PUBLIC RECORDS ACT COMPLIANCE: Content maintained in a social media format, i.e., Facebook, YouTube, Twitter, etc., that is related to City business, including communication between an individual Councilmember and constituents or the general public, and a site’s listing of “friends” or “followers,” may be considered a public record subject to disclosure under the state Public Records Act. Any social media tools used should clearly state that all content submitted by members of the public is potentially subject to public disclosure pursuant to the Public Records Act, RCW 42.56. If it is not possible to display this notice prominently on the site, City Councilmembers should notify users by including a link from the site to the Public Records Act notice set out in Exhibit B, notify new users via response to posts, and/or periodically notify existing users via broadcast message. Under the state Public Records Act, the City is potentially responsible for responding, accurately and completely, to any public records request, including requests for public records on social media maintained by individual City Councilmember. Therefore, it is mandatory that records be retained for the legally required retention period in accordance with applicable standards. Users of, and visitors to, social media sites shall be notified that public disclosure requests must be directed to the City Clerk, as the City’s Public Records Officer, pursuant to the City’s Public Records Policies. Page 34 of 43 Administrative Order No. 915 – Media Relations Page 5 X. OPEN PUBLIC MEETINGS ACT AND APPEARANCE OF FAIRNESS DOCTRINE COMPLIANCE: Communication between Councilmembers via social media, as with telephone and email, may potentially constitute a “meeting” under the Open Public Meetings Act, Chapter 42.30 RCW. For this reason, Councilmembers are prohibited from participating in social media discussions/threads regarding City business that involve a quorum of Councilmembers, and are strongly discouraged from “friending” other Councilmembers or “liking” other Councilmembers’ posts. In addition, receiving or making posts or comments regarding quasi -judicial matters via social media may violate Council Policy and Chapter 42.36 RCW – the Appearance of Fairness Doctrine. To avoid receiving any comments on pending quasi-judicial matters that may violate the Appearance of Fairness Doctrine, Councilmembers are strongly encouraged to maintain social media sites with settings that can restrict users’ ability to post content. XI. CONTENT GUIDELINES: For social media sites/tools that are owned or maintained by the City of Pasco, users and visitors of social media sites who submit comments should be clearly notified that the intended purpose of the site is to serve as a mechanism for informal communication between City Councilmembers and the public regarding the City-related topics discussed. If the public is allowed to post comments to a Member’s site, the Use Policy set out in Exhibit A must be displayed or made available by hyperlink. Any content removed in compliance with the Use Policy must be retained, including the time, date, and identity of the poster when available, to the extent required by law. See above Records Retention Act Compliance. XII. EQUAL ACCESS: City Councilmembers are discouraged, in their official capacities, from posting or commenting on social media sites that require membership or subscription. When posting information or soliciting feedback on such a site, Members should always provide an alternate source for the same information or mechanism for feedback on the City’s public web site, so that those who are not members of the social media site may have equal access. XIII. GENERAL APPROACH Use archiving tools approved by the City’s Information Services Division. Maintain current documentation of the approved method and schedule for preserving social media content. Ideally, this process will store data in searchable electronic formats and will store information about transmissions, subscribers, and other metadata associated with the site. Page 35 of 43 Administrative Order No. 915 – Media Relations Page 6 Maintain original appearance and layout of social media site where possible. Secure usernames and passwords for all sites by not sharing such information and using unique passwords to minimize the potential for cross site hacks and malicious mischief. Consistently monitor activity and posts. Avoid stale or outdated information, respond to questions or responses, quickly remove inappropriate or spam content. Notify site visitors that correspondence posted to a Councilmember’s social media site may be considered public records and may be released per Chapter 42.56 RCW. Notify visitors that individual Member social media sites are not intended to be used to conduct official City business and any public records request must be made with the City Clerk. Special Notes about text messaging and cellular phone devices:  Regardless of whether the device used is paid or reimbursed by public funds, business conducted in the official capacity as an elected official is a public record. Care should be taken to ensure that records created are retained per the applicable retention period and can be provided if requested. Know your device’s capabilities and devise a strategy for archiving texts, call logs, and other communications. Approved by Council Resolution No. _______, dated February 20, 2018. Approved: Dave Zabell, City Manager Date Page 36 of 43 Administrative Order No. 915 – Media Relations Page 7 EXHIBIT A The following content will be removed from this site: (1) comments not related to the specified topics for discussion; (2) posts or comments in support of or opposition to political campaigns or ballot measures; (3) profane or obscene language; (4) posts or comments espousing or conveying racially, ethnically, religiously, gender-oriented, discriminatory comments; (5) solicitations and/or transactions of commerce; (6) sexual content or links to sexual content; (7) encouragement, promotion or undertaking of illegal activity; (8) information that may tend to compromise the safety or security of the public or any City equipment, property or system; (9) content that violates a legal ownership interest of any party; and (10) posts or comments that would constitute ex parte communications in violation of the Appearance of Fairness Doctrine. EXHIBIT B Posts, comments, or other content posted to this site, may be considered public records subject to public disclosure under the Washington State Public Records Act (RCW 42.56). Page 37 of 43 AGENDA REPORT FOR: City Council February 14, 2018 TO: Dave Zabell, City Manager Rick Terway, Interim Public Works Director Regular Meeting: 2/20/18 FROM: Dan Ford, City Engineer Public Works SUBJECT: Professional Services Agreement with JUB Engineers for Lewis Street Overpass, No. 13007 I. REFERENCE(S): Vicinity Map Consultant Agreement II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to approve the Professional Services Agreement for the design services of the Lewis Street Overpass project, and further, authorize the City Manager to execute the agreement. III. FISCAL IMPACT: Project Estimate: Design Engineering* $1,500,000 Environmental Update $500,000 Railroad Costs $700,000 Construction Phase $24,500,000 Total Cost $27,200,000 Funding Source: Connecting Washington Partnership $15,000,000 Pursuing Funding $12,200,000 Total Funds $27,200,000 *Paid from Connecting Washington Funds IV. HISTORY AND FACTS BRIEF: Over the past 15 years, a significant effort has been expended toward the successful Page 38 of 43 completion of the Lewis Street Overpass Project. This project will replace an undercrossing of the BNSF Railyard that was constructed in 1937 and has had few modifications or modernizations over the years. The structure is in poor condition and due to its location under a very busy railyard presents a public safety and security concern. Lewis Street is a key east-west connection in the City for transit, schools, social services, emergency services, and the efficient movement of freight and goods. The existing structure requires constant maintenance and does not allow for ADA pedestrian or bicycle access. The City, with support from the region, BNSF and other stakeholders have prioritized replacement of the undercrossing with an overcrossing structure that would provide greater flexibility, capacity, as well as improved mobility for pedestrians, and even more importantly, safety. Replacement of the structure would also greatly enhance connectivity in downtown Pasco for those segments of the community relying on on this connection for access to downtown goods and services. The proposed overcrossing will accommodate bike, transit, pedestrians, trucks and auto movements. As a regional priority, the City has conducted design and environmental studies and has purchased and prepared right-of-way for the project. Finally, the City has acquired local, State and Federal funding to support replacing the undercrossing, including a recent commitment of $15 million as part of a new state funding program. V. DISCUSSION: Under guidance from Washington State Department of Transportation (WSDOT) and the Federal Highway Administration (FHWA) through approval of a sole-source process, staff have prepared an agreement to revisit services with J -U-B Engineers, Inc. of Kennewick, WA for re-design, who originally prepared a design in 2011. This agreement focuses on re-sizing efforts and will give priority for emergency vehicles (1st Street undercrossing) as well as provide a design that gives this entry point to our downtown proper treatment while "right-sizing" our efforts. Staff has received a scoping in the amount of $1,364,800 to complete this task. Staff recommends approval and requests the City Manager be authorized to sign the Professional Services Agreement with J-U-B Engineers, Inc. This item was discussed at the February 12, 2018 Council workshop meeting. Page 39 of 43 Page 40 of 43 Professional Services Agreement (Summary Sheet) Project: Consultant: Address: Scope of Services: Term: Completion Date: Payments to Consultant: ☐ Hourly Rate: $ ☐ Fixed Sum of: $ ☐ Other: Insurance to be Provided: 1.Commercial General Liability: ☐ $1,000,000 each occurrence; ☐ $2,000,000 general aggregate; or ☐ $________ each occurrence; and $________ general aggregate 2.Professional Liability: ☐ $1,000,000 per claim; ☐ $1,000,000 policy aggregate limit; or ☐ $________ per claim; and $________ per policy aggregate limit Other Information: Signature by: ☐ Mayor ☐ City Manager J-U-B Engineers, Inc. Lewis Street Overpass, No. 13007 2810 W. Clearwater Ave., Ste 201, Kennewick, WA December 31, 2021 x Cost plus fixed fee not to exceed $1,364,800 x x 1,364,800 4 years Re-design of the Lewis Street Overpass, focusing on re-sizing efforts, giving priority for emergency vehicles, as well as providing a design that give s propert treatment to the downtown entry point while "right-sizing" our efforts. 1,000,000 2,000,000x Page 41 of 43 AGENDA REPORT FOR: City Council February 13, 2018 TO: Dave Zabell, City Manager Regular Meeting: 2/20/18 FROM: Stan Strebel, Deputy City Manager Executive SUBJECT: Council Communications and Phones I. REFERENCE(S): II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Direction to staff if desired III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: At the meeting of February 12, staff did not perceive there was consensus amongst Councilmembers to take any action regarding City-issued phones. There was brief mention of a possible phone allowance for members; however, again, staff did not detect significant support. Staff is available to assist individual members with personal phone strategies with which to conduct City business. Staff requests direction if contrary to these comments. A number of members of the Council have inquired about issues regarding personal phone use for City business. While this question has been ever-changing with technology over the last several years, the City Council has not previously discussed, at any length, the use of personal phones/cell phones nor adopted any policies or procedures related thereto. Before the advent of cell phones, there were few, if any, records associated with personal phone calls. Hence, public records issues seldom arose. With phone logs, email and text capabilities, not to mention internet use, modern cell phones present far greater challenges for managing public records. The Council's decision several years ago to retain iPads for business use was made, in part, to better control the creation and retention of Council business communications and records. The City is able to keep all Council emails in accordance with records retention schedules with the devices. Page 42 of 43 Council may want to consider if it believes that a similar approach should be taken regarding phones for City business. Staff offers the following observations: 1. There are a number of approaches that could be considered, recognizing that some may prefer to use only one phone, some may use multiple phones or land lines. Staff suggests that, if Council can agree, a uniform approach makes the most sense from a records management standpoint. 2. Approaches could range from "do nothing", to issuance of "no data" phones or a phone allowance, to the adoption of a smartphone, standard issue. If the latter choice is of interest to Council, staff presents the following estimates: • Cost per month/phone = $75 x 12 = $900 x 7 = $6,300 +/- per year for all Councilmembers [Estimate is for an iPhone, to be compatible with existing devices, monthly phone cost (400 minutes, unlimited data) with tax = $64 +/-. Add phone management software (City central management for apps, email, security, updates and record management.)-$3/month and text archiving- $7/month. Staff suggests disabiling I-messaging capability as records cannot be captured; disabling of texting capability would save +/- $330/year, plus staff costs (unknown) for records management of text records.] It is possible that some Councilmembers' existing phone numbers could be ported to new phones, if desired. Staff estimates no significant outlay for acquisition of devices. V. DISCUSSION: Council discussion and direction in this matter will be appreciated. Page 43 of 43