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