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HomeMy WebLinkAbout2018.03.12 Council Workshop PacketWorkshop Meeting AGENDA PASCO CITY COUNCIL 7:00 p.m. March 12, 2018 Page 1. CALL TO ORDER: 2. ROLL CALL: (a) Pledge of Allegiance 3. VERBAL REPORTS FROM COUNCILMEMBERS: 4. ITEMS FOR DISCUSSION: 3 - 5 (a) Parks & Recreation Advisory Board Interviews Council to conduct brief interviews with Shannon Ardamica-Hall, Kate Bonderman, Edgar Delgado, Sarah Flowers, Jenny Rieke and Heather Watts (b) School Safety Presentation Presented by Ken Roske, Deputy Police Chief (c) Public Works Department Presentation Presented by Rick Terway, Interim Public Works Director (d) Administrative & Community Services Department Presentation Presented by Dan Dotta, Interim Administrative & Community Services Director 6 - 18 (e) DAHP Grant for Survey of African American Properties in Pasco (MF# HIST 2017-002) 19 - 22 (f) Professional Services Agreement for the Harris Road Sewer Transmission Main Project 23 - 30 (g) Fireworks Discussion (h) Inclusivity Commission Discussion 5. MISCELLANEOUS COUNCIL DISCUSSION: Page 1 of 30 Workshop Meeting March 12, 2018 6. EXECUTIVE SESSION: 7. ADJOURNMENT. REMINDERS: 1. 11:45 a.m., Monday, March 12, Red Lion – Pasco Chamber of Commerce Membership Luncheon. (Business Forum Luncheon Meeting) 2. 8:00 a.m., Wednesday, March 14, Pasco Red Lion – Washington Municipal Clerks Association Welcome Address. (MAYOR PRO-TEM CRAIG MALONEY) 3. 12:00 p.m., Thursday, March 15, Columbia Basin College, Room L102 – Greater Columbia ACH Leadership Council and Board Meeting. (COUNCILMEMBER RUBEN ALVARADO, Rep.; DAVID MILNE, Alt.) 4. 4:00 p.m., Thursday, March 15, 7130 W. Grandridge Blvd – Tri-Cities National Park Committee Meeting. (MAYOR MATT WATKINS) 5. 11:30 a.m., Friday, March 16, El Chapalla, 107 E. Columbia Drive, Kennewick – Benton-Franklin Council of Governments Board Meeting. (COUNCILMEMBER BLANCHE BARAJAS, Rep.; RUBEN ALVARADO, Alt.) This meeting is broadcast live on PSC-TV Channel 191 on Charter Cable and streamed at www.pasco-wa.gov/psctvlive. Audio equipment available for the hearing impaired; contact the Clerk for assistance. Page 2 of 30 AGENDA REPORT FOR: City Council March 7, 2018 TO: Dave Zabell, City Manager Workshop Meeting: 3/12/18 FROM: Stan Strebel, Deputy City Manager Executive SUBJECT: Parks & Recreation Advisory Board Interviews I. REFERENCE(S): Resolution No. 3388 - Appointments to City Boards and Commissions Applications (6) (Council only) II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Council to conduct brief interviews with Shannon Ardamica-Hall, Kate Bonderman, Edgar Delgado, Sarah Flowers, Jenny Rieke and Heather Watts III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: The Parks and Recreation Advisory Board is composed of nine members; terms are three years. The Board meets on the 1st Thursday of every month at 5:30pm. The Parks and Recreation Advisory Board advises the City Council on recreation activities and facilities needed in the community. There are three positions whose terms have expired: 1. Position No. 3 (currently Arthur Job) 2. Position No. 5 (currently vacant) 3. Position No. 8 (currently vacant) The Council screening committee recommends that, as outlined in Resolution No. 3388, the incumbent in Position No. 3 be reappointed without interview. At the present time, there are two vacant, unexpired terms: 1. Position No. 4 (vacant) term expiration date of 2/2/19 2. Position No. 7 (vacant) term expiration date of 2/2/19 Page 3 of 30 After Council screening committee review of all applications, the following have been selected to interview for possible appointment to Positions No. 4, 5, 7 and 8: 1. Shannon Ardamica-Hall 2. Kate Bonderman 3. Edgar Delgado 4. Sarah Flowers 5. Jenny Rieke 6. Heather Watts V. DISCUSSION: After conduct of interviews at the March 12 Workshop meeting, it is proposed that appropriate appointments be made by the Mayor, subject to confirmation by the Council at the March 19 Business meeting. Page 4 of 30 RESOLUTION NO. ` A RESOLUTION Providing a Process for Appointments to City Boards and Commissions. WHEREAS, the City of Pasco maintains several citizen advisory boards to assist the delivery of municipal services as well as to advise the City Council in making various policy decisions; and WHEREAS, the appointment process prescribed by the Pasco Municipal Code requires the Mayor to appoint citizens to vacancies on such boards, subject to confirmation of the City Council; and WHEREAS, the Mayor and City Council desire to establish an appointment process which is more collaborative yet efficient for both the applicants and City Council alike;NOW,THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON DOES RESOLVES AS FOLLOWS: Section 1: Applications for city boards and commissions shall be solicited annually by the City Manager on behalf of the City Council. Section 2: All applications received by the City Manager shall be reviewed by a City Council committee appointed by the Mayor; such committee, to be known as the "Appointment Screening Committee," shall be ad-hoc, appointed annually, and consist of three members, including the Mayor. The Appointment Screening Committee shall select those applicants it deems best suited for the respective board/commission but not more than three applicants for each vacancy to be filled. The Appointment Screening Committee shall consider the following factors in making their selections for further consideration: a) Geographic representation; b) Gender representation; c) Ethnic representation; d) Familial and financial relationships of board members Section 3: Those applicants selected by the Appointment Screening Committee shall be interviewed by the City Council during a public meeting; provided, however, the Screening Committee may recommend reappointment of an incumbent applicant without interview by the City Council if the incumbent has •-- • - - -•served not more than two consecutive• terms since the last interview. At a City Council meeting following such interview, an interviewed candidate shall be selected by the Mayor for appointment to each vacancy. Any candidate selected by the Mayor shall be subject to confirmation vote of the City Council; a majority vote of the quorum present at such meeting shall be required to confirm the Mayor's appointments. Section 4: Any prior resolutions of the City Council in conflict with the provisions of this resolution shall be superseded by this resolution. PAS D by the City Council ity of Pasco at its regular meeting this 16th day of April, 2012. Matt Watkins, Mayor T T: f APP'S AS TO FORM: Debra Clark,City Clerk Leland B. Kerr, City Attorney Page 5 of 30 AGENDA REPORT FOR: City Council March 7, 2018 TO: Dave Zabell, City Manager Rick White, Director Community & Economic Development Workshop Meeting: 3/12/18 FROM: Jeff Adams, Associate Planner Community & Economic Development SUBJECT: DAHP Grant for Survey of African American Properties in Pasco (MF# HIST 2017-002) I. REFERENCE(S): August 27, 2017 Memo from Tanya Bowers, Planning Commissioner Revised DAHP Grant Packet II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Discussion III. FISCAL IMPACT: Approximately $6,300 in direct costs for City staff support for the receipt of the $10,000 grant. IV. HISTORY AND FACTS BRIEF: Around the beginning of August 2017, Ms. Tanya Bowers (and a colleague - Dr. Robert Bauman) contacted the City of Pasco Community & Economic Development Department with a proposal to apply for and manage a $10,000 Department of Archaeology and Historic Preservation (DAHP) grant financed in part with Federal funds from the National Park Service, Department of the Interior. The focus of the application would be documenting properties associated with African-American heritage in east Pasco. With assistance from Ms. Bowers, the City applied for the grant which was subsequently approved by DAHP. The grant will be administered by the City. City Council was briefed about the potential grant and authorized the City Manager to execute the contract in November of 2017. Page 6 of 30 Staff put the grant out to bid for professional consultants and received two responses, including one from the Bowers and Bauman team. Unfortunately because both Ms. Bowers and Dr. Bauman, were named in the application, DAHP has disqualified them from competing for the research contract. As such, the contract will be awarded to the one other consultant who is well qualified to perform the task. Because the original scope of work included the "soft match" volunteer efforts through Dr. Bauman's professorial position, the City will now be obliged to cover that match. Fortunately, through the Historic Preservation Commission, the City has been engaged in a video production project detailing various aspects of City of Pasco history, which dovetails nicely with the grant. DAHP has agreed to alter the City's grant contract to include this video historic documentation process as its grant match. Therefore the City proposes to engage the services of its Communications and Planning staff to meet the match requirements of the grant per the attached Revised DAHP Grant Packet. V. DISCUSSION: Underrepresented Community Grant projects include surveys and inventories of historic properties associated with communities underrepresented in the National Register of Historic Places. Projects can also include nominations to the National Register for specific sites. Grants are awarded through a competitive process. The survey objective is to document properties in East Pasco historically associated with African Americans. The revised scope of work proposes to video document the history of African Americans in East Pasco. The African Americans for Community, Cultural, and Education Success (AACCES) have already identified 7 public and private sites (a school, a park, a bridge, a commercial building, 3 churches) of significance. If Council concurs with the revised direction of the grant effort, the documents will be returned to Council for permission to execute the grant documents. Page 7 of 30 1 Jeff Adams From:Tanya Bowers <tanyabowers@att.net> Sent:Tuesday, August 29, 2017 3:16 PM To:Rick White; Jeff Adams Cc:Robert Bauman Subject:WA DAHP Grant for Survey of African American Properties in Pasco Attachments:Pasco FY18 Schedule Budget-v3.doc; FY18 Pasco Scope of Work and Map.docx Gentleman, Kim Gant has informed me that the City of Pasco will be receiving $10K to survey African-American properties in Pasco. You will soon be receiving official notification of this in the form of a contract, but Kim wanted me to show this to you 1) to make sure it sounds kosher and 2) as you will want to assemble a list of bidders together to notify about the RFP. You will see in the attached budget, timeline that this will all be happening quickly. The scope of work is somewhat complicated, but there are three major things that need to take place: 1. Requirement that at least one publicized public meeting is held to try to gather more information about the African American residents of Pasco, including any more places of significance. 2. Hire a consultant to survey the resources in East Pasco that retain integrity from the period (mostly the houses that Tanya showed Kim saw that still look like they did in the 1940s – 1960s). This is where you will need the consultant – to determine which properties have enough integrity. You will need the City to provide a list of addresses in East Pasco that have a build-date before 1965. That list would then be used in the field to determine if the building has integrity. Those with integrity will be the ones that get recorded in Wisaard and put on the list for potential intensive-level research. 3. Choose a just few to get intensive level research because that type of research is expensive. After we determine which ones should get intensive level research, either use the consultant again or have Dr. Baumann put the students on it. Just a few things to note: --A couple of the buildings we already identified (Lewis Street Underpass, the Beasley residence behind the bus depot) fall outside the boundaries of the map. That's o.k., but the map helped to demarcate where the majority of the sites lie. --We may want to update the Historic Preservation Commission. I think the next meeting is September 12th. If that's the case I'm going to be out of town. Perhaps Bob can cover? --Rick mentioned that we'd want to notify the City Council. We had first told them about the federal application to the National Parks Service which we didn't receive the first time around, but we have yet to hear about our FY 18 application. If you still feel it's necessary, I'm happy to apprise them. This will probably be more relevant once the city receives the contract though. Let me know your thoughts about any of the above. Best, Tanya Tanya Bowers, M.A. tanyabowers@att.net 509.430.8772. Page 8 of 30 STATE OF WASHINGTON Department of Archaeology and Historic Preservation 1063 S. Capitol Way, Suite 106  PO Box 48343  Olympia, Washington 98504-8343 (360) 586-3065  Fax Number (360) 586-3067 Contract No: FY18-61018-007 Amendment A The Department of Archaeology and Historic Preservation, the DEPARTMENT, and the City of Pasco, the GRANTEE, hereby mutually agree to amend Contract FY18-61018-007 to modify three statements in the Scope of Work. Section 3 SURVEY STANDARDS deletes referenced URL link, and replaces it with the name of the DAHP website. Section 4a COMPLETED SURVEY adds new section 4 that reads: Using information gathered from the research project and elsewhere, Grantee shall produce a short (15-25 minute) professional quality educational video presentation including narration, historic photos, and interview clips highlighting the African American experience in Pasco, to be included in the Historic Pasco video series, and to be made available on the City of Pasco’s public website. Section 8 ACKNOWLEDGEMENT shall now read the survey report AND VIDEO The DEPARTMENT acknowledges and approves this change by the DEPARTMENT for the above change to the Scope of Work of the grant. This amendment does not change the total value of the contract amount awarded by the DEPARTMENT to the GRANTEE. Department: Contractor: By:______________________________ By:___________________________ Allyson Brooks Director __________________________ ______________________________ Title Title Date:_____________________________ Date:_________________________ Page 9 of 30 Page 10 of 30 Contract # FY18‐61018‐007  Page 1 Scope of Work I. WORK TO BE ACCOMPLISHED: The GRANTEE shall conduct the following activities: A. CITY OF PASCO: The GRANTEE shall conduct a SURVEY and PUBLIC OUTREACH PROJECT as follows: 1. SURVEY AREA AND CRITERIA: The GRANTEE shall complete a survey of: a) AREA: Select resources in East Pasco (see map page 5). The map represents the approximate area. There are known resources that are not within the boundary and they shall be included in the survey. Resources discovered during the public outreach process may also be included (as long as they are in Pasco) if the project team deems then significant to African American history in Pasco. a) CRITERIA: Survey will include structures and/or sites built before 1965 that retain a moderate to high degree of physical integrity from their period of construction, within the boundary of the attached map of East Pasco. Reconnaissance level survey shall be completed first and a selection of those properties will be chosen for intensive level research. i. See Washington State Standards for Cultural Resource Reporting for more specific information regarding survey levels. http://www.dahp.wa.gov/sites/default/files/CR%20Update%20 2015%282%29.pdf. ii. A detailed statement of significance shall be written for approximately ten (10) properties based on research, which may include oral histories, deed searches, city directory searches etc… 2. SURVEY PROJECT MANAGER: The GRANTEE shall ensure that the personnel directing the survey activities meet the professional qualifications in 36 CFR 61, Appendix A. The personnel must be procured using a competitive process as outlined in the Historic Preservation Fund Grants Manual, October 1997, see Attachment #7. Before final selection, the GRANTEE shall afford the DEPARTMENT an opportunity to review ATTACHMENT 2 Page 11 of 30 Contract # FY18‐61018‐007  Page 2 and approve candidates for the historic preservation consultant conducting the survey project. 3. SURVEY STANDARDS: The GRANTEE shall conduct the survey activity and produce complete inventory forms consistent with the guidelines in the Washington State Standards for Cultural Resource Reporting: http://www.dahp.wa.gov/sites/default/files/CR%20Update%202015%282 %29.pdf: 4. a) COMPLETED SURVEY: (1) A COMPLETED SURVEY is understood to mean that the GRANTEE has used the WISAARD ONLINE SYSTEM to document all required survey materials of the defined survey area and has submitted the survey to the DEPARTMENT. The inventory records must be determined acceptable by the DEPARTMENT. (2) The REQUIRED SURVEY MATERIALS are understood to include a MAP of the ENTIRE SURVEY AREA with all sites marked and numbered. (3) A SURVEY REPORT is required. A SURVEY REPORT is understood to mean a report which follows the guidelines for survey project reports provided by the DEPARTMENT within the Washington State Standards for Cultural Resource Reporting which includes the introduction, survey methodology, analysis, recommendations, a map of the entire survey area with all sites marked and numbered, and a table of the properties with local and National Register eligibility recommendations. b) A COMPLETED INVENTORY FORM is understood to mean a completed record on the WISAARD ONLINE SYSTEM, with each field completed and at least three digital images of each property. c) The DEPARTMENT will be able to view draft copies of Historic Property Inventory Forms via WISAARD. The DEPARTMENT shall respond to the GRANTEE within 14 days of each draft submittal with comments. If the DEPARTMENT has not responded within 14 days, the GRANTEE shall assume that the DEPARTMENT has no comment on the draft submittals. 5. INCOMPLETE OR INACCEPTABLE MATERIALS: Any required survey materials submitted which are not considered acceptable or complete—which do not meet the DEPARTMENT’s cultural resource Page 12 of 30 Contract # FY18‐61018‐007  Page 3 survey editorial standards and/or do not contain the required level of documentation—will be returned to the GRANTEE for completion within the grant period. 6. REIMBURSEMENT: The GRANTEE will only be reimbursed for preparing acceptable and complete required survey submitted during the grant period. 7. DEPARTMENT RESPONSIBILITIES: The DEPARTMENT shall provide the GRANTEE with the information to gain access to the WISAARD ONLINE SYSTEM. 8. ACKNOWLEDGEMENT: The SURVEY REPORT shall include in its entirety the following acknowledgement, disclaimer, and non- discrimination statements: This survey has been financed in part with Federal funds from the National Park Service, Department of the Interior administered by the Department of Archaeology and Historic Preservation (DAHP) and the City of Pasco. However, the contents and opinions do not necessarily reflect the views or policies of the Department of the Interior, DAHP, nor does the mention of trade names or commercial products constitute endorsement or recommendation by the Department of the Interior or DAHP. This program received Federal funds from the National Park Service. Regulations of the U.S. Department of Interior strictly prohibit unlawful discrimination in departmental Federally Assisted Programs on the basis of race, color, national origin, age, or handicap. Any person who believes he or she has been discriminated against in any program, activity, or facility operated by a recipient of Federal assistance should write to: Director, Equal Opportunity Program, U.S. Department of the Interior, National Park Service, 1849 C Street, NW, Washington, D.C. 20240. 9. PROJECT MANAGER: The GRANTEE shall ensure that the personnel preparing the survey documentation meet the professional qualifications in 36 CFR 61, Appendix A. The personnel must be procured using a competitive process as outlined in the Historic Preservation Fund Grants Manual, October 1997, see Attachment #7. Before final selection, the GRANTEE shall afford the DEPARTMENT an opportunity to review and approve candidates for the historic preservation consultant conducting the survey project. 10. INCOMPLETE OR INACCEPTABLE MATERIALS: Any required materials submitted which are not considered acceptable or complete will be returned to the GRANTEE for completion within the grant period. 11. REIMBURSEMENT: The GRANTEE will only be reimbursed for preparing an acceptable and complete Survey Product during the grant period. Page 13 of 30 Contract # FY18‐61018‐007  Page 4 B. PUBLIC EDUCATION ACTIVITIES 1. The GRANTEE shall conduct at least two public presentations/meetings during the grant period subject to the following conditions: a) The purpose of the first presentation(s) shall be to determine if there are historic properties associated with the African American experience in Pasco. The purpose of the second meeting shall be to present the findings of the survey. b) Following each public meeting, provide the DEPARTMENT with a summary of the number of participants, comments, and notable conclusions arising from the presentation. This may be in email format. c) Using information gathered from the research project and elsewhere, Grantee shall produce a short (15-25 minute) professional quality educational video presentation including narration, historic photos, and interview clips highlighting the African American experience in Pasco, to be included in the Historic Pasco video series, and to be made available on the City of Pasco’s public website. D. REPORTING ACTIVITIES 1. GRANT ADMINISTRATION: The GRANTEE shall establish and maintain contact with the DEPARTMENT throughout the grant period as to the status of all grant activities by preparing and submitting the requested documents to the DEPARTMENT at the times indicated in the SCHEDULE FOR PROJECT COMPLETION II. PRODUCTS: The GRANTEE shall at a minimum submit the following products to the DEPARTMENT: A. SURVEY FORMS and SURVEY REPORT: Historic Property Inventory form for each property surveyed. The SURVEY REPORT and map may be provided as a pdf and shall include a report cover sheet per DAHP standards. B. PUBLIC EDUCATION: One email memo per public meeting summarizing attendance and any notable conclusions from the meeting. Page 14 of 30 Contract # FY18‐61018‐007  Page 5 Page 15 of 30 Contract # FY18‐61018‐007  Page 6 Page 16 of 30 V. SCHEDULE FOR PROJECT COMPLETION List each proposed grant activity separately estimating the start and completion dates. This should be a complete listing of all potential activities associated with the grant including the two draft submittal dates of May 3, 2018 for the first draft and July 19, 2018 for the second draft. Final projects must be turned in by August 31, 2018. A start date and completion date are not sufficient for the Schedule of Project Completion. WORK TO BE ACCOMPLISHED Estimated Starting Date Estimated Completion Date City staff prepares scope of work and publishes an RFP to solicit proposals from Cultural Resources Consultants. (DONE) Feb 1, 2018 City staff works with Consultant to identify sources of existing information and all potential cultural heritage partners. Feb 1, 2018 Feb 28, 2018 First public meeting to introduce the project and help Consultant identify additional sites and resources. Feb 28, 2018 Mar 28, 2018 First Draft of Survey presented to project staff and partners for review. City staff begins work on educational video. May 1, 2018 Jun 2, 2018 Second Draft of Survey presented to project staff and partners for review. Draft video presented to HPC. Aug 1, 2018 Aug 15, 2018 Second public meeting to present results. Aug 15, 2018 Aug 31, 2018 Final report and completed video to be posted on the City's and respective partners' websites, as appropriate. All products sent to DAHP. Aug 31, 2018 Sep 31, 2018 Enter information on sites into WISSARD. Sep 15, 2018 Sep 31, 2018 Reimbursement requests submitted to DAHP. Oct 1, 2018 Nov 30, 2018 Page 17 of 30 VI. PROJECT BUDGET ELEMENT/OBJECT Salaries (include each position‐ volunteer or staff ‐ and attach  hourly wage justification if needed) Federal  Dollars (CLG  grant  requested) Hard Match* (Local  government  cash match =  Staff Hours) Soft Match* (Donated  goods and  services =  volunteer  hours) Total Community Econ Dev Staff (RFP, list of relevant  properties, community meetings reviewing, meetings) 70 hrs. @  $42.5/hr. $2,975.00 Communications Program Manager (Video Production)70 hours @  $47.5/hr $3,325.00 Historic Preservation Commission (meetings, reviewing)12 hrs.  @$24.14/hr. $289.68 $6,300.00 $289.68 $6,589.68 Indirect % (*include justification for indirect) Total Element/Object: $0.00 $6,300.00 $289.68 $6,589.68 Goods & Services Contract Services Federal  Dollars Hard Match Soft Match Total Cultural Resource Consultant $10,000.00 $10,000.00 Materials/Supplies/Equipment Public Meeting (Advertising, poster printing,  refreshments, room rental)$750.00 Report printing  travel Other Total Goods & Services:$10,000.00 $0.00 $750.00 $10,750.00 Federal  Dollars Hard Match Soft Match Total Total Funding Request $10,000.00 $6,300.00 $1,039.68 $17,339.68 Page 18 of 30 AGENDA REPORT FOR: City Council March 1, 2018 TO: Dave Zabell, City Manager Rick Terway, Interim Public Works Director Workshop Meeting: 3/12/18 FROM: Dan Ford, City Engineer Public Works SUBJECT: Professional Services Agreement with RH2 Engineering, Inc. for the Harris Road Sewer Transmission Main Project I. REFERENCE(S): Vicinity Map Professional Services Agreement Summary II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Discussion III. FISCAL IMPACT: Revenue Bond - $269,085 IV. HISTORY AND FACTS BRIEF: The Harris Road Sewer Transmission Main was identified in the 2018-2023 Capital Improvement Plan (CIP). The sewer transmission main will be located in northwest Pasco adjacent to Harris Road before crossing under the interstate to tie into Pasco's existing trunk sewer on Court Street. The addition of this sewer main is vital to the growth of this area of Pasco. The sewer will be designed accordingly to fit the long term growth projections for the area. V. DISCUSSION: On January 9, 2018, a Request for Qualifications (RFQ) was distributed to solicit prospective design consultants. The City received five submittals considered to be responsive, which were subsequently reviewed and scored by a Consultant Selection Committee comprised of City staff. Ultimately, the Committee chose RH2 Engineering, Inc. Page 19 of 30 RH2 will provide design services, right-of-way (ROW) acquisition and minor construction support for the project. The fee for the work is not to exceed the sum of $269,085 and the final design of the project will be submitted by Fall of 2018. Staff recommends approval of the proposed Professional Services Agreement with RH2 Engineering, Inc. Page 20 of 30 Professional Services Agreement (Summary Sheet) Project: Professional Services Agreement for design of the Harris Road Sewer Transmission Main Project Consultant: RH2 Engineering, Inc. Address: 114 Columbia Point Drive, Suite C Richland, WA 99352 Scope of Services: Design and necessary Right of Way acquisition for the Harris Road Sewer Transmission Main. Agreement includes minor construction support. Term: Completion Date: December 31, 2019 Payments to Consultant: ☒ Hourly Rate: Total contract not to exceed $269,085 ☐ Fixed Sum of: $ ☐ Other: Insurance to be Provided: 1. Commercial General Liability: ☐ $1,000,000 each occurrence; ☐ $2,000,000 general aggregate; or ☒ $1,000,000 each occurrence; and $2,000,000 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 Page 21 of 30 HARRIS ROAD SEWER TRANSMISSION MAIN VICINITY MAP Page 22 of 30 AGENDA REPORT FOR: City Council March 7, 2018 TO: Dave Zabell, City Manager Workshop Meeting: 3/12/18 FROM: Bob Gear, Fire Chief Bob Metzger, Police Chief SUBJECT: Use of Personal Fireworks I. REFERENCE(S): PMC Chapter 16.40 Fire Prevention Code Washington State Legal Consumer Fireworks List II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Discussion III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: In 1996 the City of Pasco, along with Franklin County and the City of Kennewick, passed ordinances prohibiting the use of personal fireworks. This ordinance was passed as a result of significant number of structural and wildland fires that occurred during the firework sale period beginning June 28 and ending July 5. Most of the fires w ere determined to have been caused by the discharge of illegal fireworks by citizens discharging personal fireworks. These fireworks frequently landed among flammable vegetation or on structural roofs. V. DISCUSSION: The City of Pasco currently has ordinances in place that ban the sale, possession and discharge of any fireworks by individuals. The City ordinance does allow public fireworks displays that operated under a permit from the Fire Chief. These displays include: approximately fifteen displays at Dust Devils home games and the Grand Old Fourth celebration on the night of July 4. In recent years, the enforcement of this ban has been problematic. Our Police Department has reviewed various options to determine how to be more effective with Page 23 of 30 the firework problem. The main issue is the large volume of fireworks discharged throughout the City; it would take a significant amount of law enforcement overtime hours to effectively enforce the current ban. To handle other calls for service as well as the fireworks show at GESA stadium makes it difficult for the Police Department to effectively respond to calls for fireworks. In the meantime the City has grown, much of the large open areas where wildland fires were problematic prior to the ban have since been developed into commercial centers, homes, schools and irrigated park land. Building standards have evolved to render structures more fire resistant - a shake roof is far less common sight today than was the case two decades ago. At present and for the past decade or more, enforcement is difficult and inconsistent. Further complicating the situation is the fact that they are unable to purchase fireworks in the City, residents wishing to have a fireworks display are purchasing fireworks from outside the City, which may or may not be "safe and sane" and then using said fireworks within the City. Staff has been discussing the option of allowing limited "Consumer Use Fireworks" to be sold and displayed within the City. The State of Washington specifically bans items that are considered dangerous as defined by the California State Fire Marshal's office. Adherence to the State of Washington guidelines would provide for a "safe and sane" (non-aerial) option and thus reduce the likelihood of the purchase of unsafe fireworks from outside the City for use within the City. Further, in that the allowed fireworks under the Washington State guidelines are non-aerial, enforcement would also be eased as illegal fireworks would be much easier to spot by patrols. Attached is an example of the types of fireworks that would be allowed. Ultimately, this matter comes down to a balance between the practicality in enforcement of the total ban, against the compromise of allowing for limited fireworks as illustrated in the attachment and the impact of the two alternatives on safety. It is important to consider that a ban that has proven difficult if not impossible to enforce over the past two decades is not effective in making the community safe over the Fourth of July holiday. Limiting the number of possible violations would reduce those calls for service and allow the Police Department to effectively address serious fireworks violations that present a threat to our community. Staff is looking for direction from Council on this matter. Page 24 of 30 CHAPTER 16.40 FIRE PREVENTION CODE Sections: 16.40.01O INTERNATIONALFIRE CODE,ADOPTED......................... .............. ..3916.40.015 SUBSTITUTIONFOR SECTION108.1.OF THE IFC -APPEALS..........4016.40.020 AMENDMENTFOR CHAPTER2 OF THE IFC SECTION202 — DEFINITIONS......................... ......................... ......................... ................... ..4016.40.030 AMENDMENTFOR SECTION401.5 OF THE IFC -ALARMS...............4016.40.040 ADOPTIONOF STATE DELETEDSECTIONSOF THE IFC —CHAPTER5........................... ........................... ........................... ........................... ....... ..4116.40.050 SUBSTITUTIONFOR SECTION3301.1 OF THE IFC -FIREWORKS 4116.40.060 ADDITIONOF NEW SECTION3301.1.3.1 FIREWORKSPERMITS,TO THE IFC ........................... ........................... ........................... ..................... ..4116.40.070 ADDITIONOF NEWSECTION3301.1.3.2 DISPLAY,AGRICULTURAL AND WILDLIFEFIREWORKSANDSPECIALEFFECTS,TO THE IFC ...................4116.40.080 ADDITIONOF NEWSECTION3301.1.3.3 AUTHORITYTO SEIZE FIREWORKS,TO THE IFC .......................... .......................... ......................... ..4216.40.090 ADDITIONOF NEW SECTION3301.1.3.4 LIABILITYINSURANCE POLICYREQUIRED,TO THE IFC ........................... ........................... ............. ..4216.40.100 AMENDMENTTO SECTION109.3 VIOLATIONSAND PENALITESOF THE IFC ........................... ........................... ........................... ..................... ..42 16.40.01O INTERNATIONALFIRE CODE,ADOPTED.(a)There is adopted by the CityCounciloftheCity,pursuant to the provisions of RCW 35.21.289 and RCW 19.27 for thepurposeofprescribingregulationsgoverningconditionshazardoustolifeandpropertyfromfireorexplosion,that certain code and standards known as the International FireCode,including Appendix Chapters A,B,C,D,E,F,G,H,I and J being in particular the2015editionsthereofandthewholethereof,as amended by the Washington StateBuildingCodeCouncilandpublishedasChapters51-34 and 51-35 WashingtonAdministrativeCode,save and except such portions as are hereinafter deleted,modi?edoramended,and the same are adopted and incorporated as fully as if set out at lengthhereinandfromthedateonwhichtheordinancecodi?ed in this chapter shall takeeffect,the provision thereof shall be controlling within the corporate limits of the City. (b)It is the speci?c intent of the Fire Code of the City as herein adopted,modi?ed and amended,to place the obligation of complying with its requirements upontheownersandoccupiersofthebuildingsandpremiseswithinthescope,and noprovisionofnoranytermusedinthisFireCodeisintendedtoimposeanydutywhatsoeverupontheCityoranyofitsof?cers or employees,for whom theimplementationandenforcementofthisFireCodeshallbediscretionaryandnotmandatory. (c)Nothing contained in this Fire Code is intended to be nor shall be construed tocreateorformthebasisforanyinjuryordamageresultingfromthefailureofabuildingoranypremisestocomplywithprovisionsofthisFireCode,or by reason or inconsequenceofanyinspection,notice,order,certificate,permission or approval PMC Title 16 7/5/2016 39 Page 25 of 30 authorized or issued or done in connection with the implementation or enforcement of this Fire Code,or by reason of any action or inaction on the part of the City,related inanymannertotheenforcementofthisFireCodebyitsof?cers,employees or agents. (d)It is expressly the purpose of this Fire Code to provide for and promote thehealth,safety and welfare of the general public,and not to create or otherwise establish or designate any particular class or group of persons who will or should be especially protected or bene?ted by the provisions of this Fire Code.(Ord.4296,2016;0rd.4108, 2013;0rd.3964,2010;0rd.3670 Sec.12,2004;0rd.3316 Sec.14,1998.) 16.40.015 SUBSTITUTIONFOR SECTION 108.1.OF THE IFC —BOARD OF APPEALS.Section 108.1.of the International Fire Code shall be omitted and the Board of Appeals as set forth in Section 16.04.020 of the Pasco Municipal Code is substituted in its place Section 108.1 Appeals.Whenever the Fire Chief or Community Development Director disapproves an application or refuses to grant a permit applied for,or when it is claimed that the provisions of this code do not apply,or that the true intent of the code has been misconstrued or wrongfully interpreted,the applicant may,within thirty (30) days of the decision,appeal that decision to the Mid-ColumbiaBuilding Appeals Commission as established under the Building Code.(Ord.4108,2013;0rd.3964,2010; 0rd.3670 Sec.12,2004;0rd.3316 Sec.14,1998.) 16.40.020 AMENDMENTFOR CHAPTER 2 OF THE IFC SECTION 202 - DEFINITIONS.The following words and terms in Chapter 2 of the International Fire Code are amended in Sections 202-F,and 202-]to include the following de?nitions: (a)Section 202-F "Fire Chief”is the Chief Of?cer of the Pasco Fire Department or the Chief's authorized representative and further means the person appointed by the City Manager (or that person's authorized representative)to administer and enforce the International Fire Code within the City of Pasco. (b)Section 202-]“Jurisdiction”means the City of Pasco.(Ord.4108,2013;0rd. 3964,2010;0rd.3670 Sec.12,2004;0rd.3316 Sec.14,1998.) 16.40.030 AMENDMENTFOR SECTION 401.5 OF THE IFC -ALARMS.Section 401.5 of the International Fire Code is amended to read as follows:Section 401.5.It is unlawful for any person,business or legal entity,having or conducting a private ?re alarm system to transmit three (3)or more false alarms within a ninety (90)day period. The owner of any residence,business or premises in which said alarm system exists,shall be responsible for payment of the City of Pasco of its reasonable costs for labor, equipment,fuel and materials,as determined by the Pasco Fire Chief,for a response by the Fire Department for the third and each subsequent false alarm in a ninety (90)day period.For the purposes of this section,the term “False Alarm”means the activation of a ?re alarm because of accident,malfunction or an inadvertent activation,at a time when no ?re exists on the premises.(Ord.3964,2010). 16.40.035 ADOPTIONOF STATE-DELETEDSECTIONSOF THE IFC.Repealed (Ord.3964,2010;0rd.3670 Sec.12,2004;0rd.3316 Sec.14,1998.) PMC Title 16 7/5/2016 40 Page 26 of 30 16.40.040 ADOPTIONOF STATE DELETEDSECTIONSOF THE IFC —CHAPTER3ANDCHAPTER5.Chapter 3 Section 308.1.4 and Chapter 5 Sections 503.1,503.1.1,503.1.2,503.1.3,503.2,503.3,503.4 as published in the 2015 International Fire Codeareherebyadopted.(Ord.4296,2016;0rd.4108,2013;0rd.3964,2010;0rd.3670Sec.12,2004;0rd.3316 Sec.14,1998.) 16.40.050 SUBSTITUTIONFOR SECTION 5608 OF THE IFC —FIREWORKS.Section 5608.1 of the International Fire Code is hereby amended to read as follows:Section 5608.1 FIREWORKS:Except as herein provided,it shall be unlawful for anypersontostore,offer for sale,expose for sale or use,possess,?re,or discharge any?reworks.The Fire Chief shall have the authority to adopt reasonable rules andregulationsforthegrantingofpermitsforsupervisedpublicdisplayof?reworks by themunicipality,fair association,amusement parks,and other organizations.Every suchdisplayshallbehandledbyacompetentoperatorapprovedbytheFireChief.Every operator shall have ?rst obtained a Washington State Pyrotechnic license pursuant toRCW70.77.305 and WAC Chapter 212-17.The display shall be of such a character,andsolocated,discharged or ?red as in the opinion of the Fire Chief after proper inspection,shall not be hazardous to property or endanger any person.Violation of this subsectionshallconstituteacivilinfractionpunishablebyacivilpenaltynottoexceedtwohundredand?fty dollars ($250.00)for each violation.EXCEPTION:Any person having thenecessarylicensesfromtheStateofWashingtonmaypossessandstore?reworks in theCityofPascoatanapprovedlocationproperlyzonedtherefore,for the purpose of thedistributionofsuch?reworks for retail sale outside the city limits.(Ord.4108,2013;0rd.3964,2010;0rd.3670 Sec.12,2004;0rd.3316 Sec.14,1998.) 16.40.055 AMENDMENTFOR SECTION308.4 OF THE IFC.Repealed.(Ord.3964,2010;0rd.3670 Sec.12,2004;0rd.3316 Sec.14,1998.) 16.40.060 AMENDMENTOF SECTION5608.2 FIREWORKSPERMITS,TO THE IFC-.Section 3301.1.3.1 of the International Fire Code is hereby added to read as follows:Section 5608.2 FIREWORKSPERMITS:Application for permits required for a publicdisplayof?reworks originating within City of Pasco municipal boundaries shall be madeinwritingatleast?fteen (15)days in advance of the display.No permit grantedhereundershallbetransferable.(Ord.4108,2013;0rd.3964,2010;0rd.3316 Sec.14,1998.) 16.40.070 ADDITION OF NEW SECTION5608.2.1.1 DISPLAY,AGRICULTURAL AND WILDLIFEFIREWORKSAND SPECIAL EFFECTS,TO THE IFC.Section 5608.2.1.1oftheInternationalFireCodeisherebyaddedandshallreadasfollows:Section5608.2.1.1 Display,Agricultural and Wildlife Fireworks,and Special EffedzszNo personmaysell,discharge,or possess in the City of Pasco,any of the following except with a permit and in the manner provided by law: 1.“Display ?reworks”as de?ned in RCW 70.77.131 and WAC 212-17-O40. PMC Title 16 7/5/2016 41 Page 27 of 30 2.“Agricultural and Wildlife Fireworks”as de?ned in RCW 70.77.141 and WAC 212- 17-045. 3.“Special effects"as de?ned in RCW 70.77.146. 4.“Articlespyrotechnic,special effects for entertainment media”as de?ned in RCW 70.77.S35.(Ord.4108,2013;Ord.3964,2010;0rd.5046 Sec.1 (part),2004). 16.40.080 ADDITION OF NEW SECTION S608.2.1.2 AUTHORITYTO SEIZE FIREWORKS,TO THE IFC.Section S608.2.1.2 the International Fire Code is hereby added and shall read as follows:Section S608.2.1.2 AUTHORITYTO SEIZE FIREWORKS:Any member of the Pasco Police or Fire Department is hereby authorized and empowered to seize,take,remove or cause to be removed at the expense of the owneranyandallstocksof?reworks offered or exposed for sale,stored,or transported,orheldinviolationofthisarticle.(Ord.4108,2013;0rd 3964,2010;0rd.3670 Sec.12,2004;0rd.3316 Sec.14,1998.) 16.40.090 ADDITION OF NEW SECTION 5608.2.1.3 LIABILITYINSURANCE POLICY REQUIRED,TO THE IFC.Section 5608.2.1.3 of the International Fire Code isherebyaddedandshallreadasfollows:Section 5608.2.1.3 LIABILITYINSURANCE POLICYREQUIREDThe applicant for a permit for a public display of ?reworks shall ?lewiththeFireDepartmentacopyofpublicliabilityandpropertydamageinsurancepolicy providing coverage with minimum limits as speci?ed in RCW 70.77.295;however,theholderofgenerallicensefromthechiefoftheWashingtonStatePatrol,through thedirectorof?re protection,and upon compliance with RCW 70.77.35S,shall be excused from compliance with this subsection.(Ord.4108,2013;Ord.3964,2010) 16.40.100 AMENDMENTTO SECTION 109.4 VIOLATIONSAND PENALITESOF THE IFC.Section 109.4 of the 2015 International Fire Code is amended to read as follows:Section 109.4 Violations —Penalties:Any person,?rm or corporation violating a provision of this chapter which is not also a violation of any other provisions of this Titleorthecodesadoptedthereby,or shall fail to comply with the requirements thereof orwhoshallerect,install,alter,repair,or do work in violation of the approved constructiondocumentsordirectionofthe?re code of?cial,or of a permit or certificate used undertheprovisionsofthischapter,or operate or maintain an occupancy,premises,or vehiclesubjecttothischapterwhoallowahazardtoexistorfailtotakeimmediateactiontoabateahazardonsuchoccupancy,premises,or vehicle when ordered to do so by the?re code of?cial,shall be guilty of a gross misdemeanor.Each day that violation continues after due notice has been served,shall be deemed a separate offense.(Ord. 4296,2016;0rd.4108,2013;0rd.3964,2010;0rd.3670 Sec.12,2004;0rd.3316 Sec.14,1998.) 16.40.110 SUBSTITUTIONFOR SECTION 3305.1 OF THE IFC.Repealed.(Ord.3964,2010;0rd.3779,2006;0rd.3670 Sec.12,2004;0rd.3316 Sec.14,1998.) 16.-40.120 ADDITION TO SECTION 3305.1 OF THE IFC.Repealed.(Ord.3964,2010;0rd.3670 Sec.12,2004;0rd.3316 Sec.14,1998.) PMC Title 16 7/5/2016 42 Page 28 of 30 16.40.125 POSSESSION OF COMMON FIREWORKS FOR WHOLESALEDISTRIBUTIONPERMITTED.Repealed.(Ord.3964,2010;0rd.3316 Sec.14,1998.)16.40.150 ADDITIONTO SECTION 3404.1 OF THE IFC.Repealed.(Ord.3964,2010;0rd.3670 Sec.12,2004;0rd.3316 Sec.14,1998.) 16.40.1S5 ADDITIONTO SECTION 3801.1 OF THE IFC.Repealed.(Ord.3964,2010;0rd.3670 Sec.12,2004;0rd.3316 Sec.14,1998.) 16.40.160 FIRE EQUIPMENT-USEOUTSIDECITY—AUTHORITYTODISPATCH.Repealed.(Ord.3964,2010;0rd.3316 Sec.14,1998.) 16.40.165 MUTUALAID AGREEMENTS.Repealed.(Ord.3964,2010;0rd.3670Sec.12,2004;0rd.3316 Sec.14,1998.) 16.40.170 AMENDMENTFOR APPENDIXI-A.Repealed.(Ord.3670 Sec.12,2004;0rd.3316 Sec.14,1998.) 16.40.180 VIOLATIONS—PENALTIES.Repealed.(Ord.3964,2010;0rd.3779,2006;0rd.3316 Sec.14,1998.) PMC Title 16 7/5/2016 43 Page 29 of 30 Celebrate safely WASHNGTON STATE F’.‘S LEGAL CONSUMER FIREWORKS campaign FOR SALE IN TENTS AND STANDS PER ROW 70.71136 Cylindrical Fountain Cone Fountain Smoke Devices 2.-......---:-°"....°":::.-~."-:-.....'---.--....°'°-..-::-.-'--1......-'-*'-=-=.....IL.m?f?II1 H nutty kg ‘IE Wheels ppnn-sauna:-ubnpu-1n nu-1-nu-uncut;A-an uqa-¢.n.upbn-an-uh.-nunW.j an-uruu--Inn--1.' -nu-.unsung Ground Spimets NoveltiesA--nnunnu-nu-sq:-nunuuu-no-nan--—-yauxvrupnuamnguu{ulna jnnnuluuxnumn?nnn:9:-um-‘nu-u.u-uqnmunuu up-mugs”mu":-nun:-Ilv?l-I IIIIII-I-ul-Itit L-In-ll-II--I XIII «-1-_-Id‘INN!‘ \. 5 'F§dIll5sDl!IIIl?l1Q?v!pIp&sl?l?ll$l§G?lu$Qi?llyII?wIyhIlTi!l¢\ FIREHH1'lE.'TI?B?£AU—HEV§'XNHSI)l ll ‘\ pnqasau rnzuuqsssasu “”'"'"" E-untrn-nus.-su.n.ns-nu;-an: ~...-I‘ Page 30 of 30