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HomeMy WebLinkAbout2019.12.02 Council Meeting PacketRegular Meeting AGENDA PASCO CITY COUNCIL 7:00 p.m. December 2, 2019 Page 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. 5 - 9 (a) Approval of Meeting Minutes To approve the minutes of the Pasco City Council Meeting held on November 18, 2019. 10 - 11 (b) Bills and Communications To approve claims in the total amount of $4,116,063.52 ($2,877,555.66 in Check Nos. 232540-232773; $481,695.90 in Electronic Transfer Nos. 826403-826447, 826468-826525, 826531-826621, 826624-826720; $ 20,345.88 in Check Nos. 53084-53106; $733,329.18 in Electronic Transfer Nos. 30141473-30141993; $3,136.90 in Electronic Transfer No. 641) 12 (c) December 2019 Council Meeting Cancellations & January 2020 Council Workshop Change To cancel the December 16 Regular Council Meeting and December 23 Council Workshop; and further more, to change the Council Workshop Meeting scheduled for January 13, 2020 to 7 PM January 14, 2020. 13 - 18 (d) 2020 Legislative Priorities To approve Resolution No. 3921, declaring the City's legislative priorities for the 2020 session of the Washington State Legislature. 19 - 20 (e) Downtown Pasco Development Authority Appointments To confirm the Mayor's appointment of Miguel Angulo to Position No. 5 Page 1 of 136 Regular Meeting December 2, 2019 and Jose Iniquez to Position No. 7 on the Downtown Pasco Development Authority Board, effective 1/01/2020. and To confirm the Mayor's reappointment of Sean Gehlen to Position No. 1 on the Downtown Pasco Development Authority Board, effective 1/01/2020. RC MOTION: I move to approve the Consent Agenda as read. 4. PROCLAMATIONS AND ACKNOWLEDGEMENTS: 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 21 - 23 (b) General Fund Monthly Report - October 2019 24 - 32 (c) Body Worn Camera Program Update " Records Impact" 7. HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS RELATING THERETO: 33 - 53 (a) 2019-2020 Proposed Mid-Biennium Budget Adjustment CONDUCT A PUBLIC HEARING MOTION: I move to adopt Ordinance No. 4473, adjusting the 2019-2020 Biennial Operating Budget of the City of Pasco by providing supplement thereto; by appropriating revenue received in excess of estimated revenues for the current year and by providing transfers and adjustment authority and, further, authorize publication by summary only. MOTION: I move to adopt Ordinance No. 4474, amending the 2019-2020 Biennial Capital Budget of the City of Pasco by providing supplement Page 2 of 136 Regular Meeting December 2, 2019 thereto; and, further, authorize publication by summary only. 8. ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS: 54 - 64 (a) Amendments to PMC Title 6: Animal Control - Behavioral Testing Standards per Amended RCW MOTION: I move to adopt Ordinance No. 4475, amending PMC Sections 6.05.010 'Definition of terms'; 6.05.080 'Disposition of unclaimed animals'; 6.05.110 'Refusal to redeem'; 6.05.320 'Notice of quarantine'; and 6.05.330 'Potentially dangerous and dangerous animals', and further, authorize publication by summary only. 65 - 86 (b) Q* Iniguez Rezone (Z 2019-011) MOTION: I move to adopt Ordinance No. 4476, rezoning two parcels located at the northeast corner of East Alvina Street and North Franklin Avenue from R-1 to R-3, and further, authorize publication by summary only. 87 - 109 (c) Q* Mendoza Rezone (Z 2019-012) MOTION: I move to adopt Ordinance No. 4477, rezoning a parcel located at 2216 W Henry Place from R-2 to R-3, and further, authorize publication by summary only. 110 - 113 (d) Interfund and Intrafund Loans MOTION: I move to approve Resolution No. 3922, authorizing the interfund loans from the General Fund to the City's Marina Fund and Stadium Fund. MOTION: I move to approve Resolution No. 3923, authorizing the intrafund loans from the Water Utility to the Irrigation Utility and Process Water Reuse Facility Utility. 9. UNFINISHED BUSINESS: 10. NEW BUSINESS: 114 - 135 (a) *Personal Services Agreement Extension - Animal Control Services MOTION: I move to approve the extension of the Personal Services Agreement with Chicle Animal Foundation for Animal Control Services and, further authorize the City Manager to execute the agreement. 136 (b) *Performance of a City Official Page 3 of 136 Regular Meeting December 2, 2019 MOTION: I move to accept the final report by Kenbrio Inc. reflecting the City Council's corporate view of the City Manager's performance for the period June 2018 - June 2019. 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: • Monday, Monday, December 2, 1:30 PM: Emergency Medical Services Board Meeting – Fire Training Center, 1811 S. Ely, Kennewick (COUNCILMEMBER BLANCHE BARAJAS, Rep.; COUNCILMEMBER DAVID MILNE, Alt.) • Thursday, December 5, 5:30 PM: Parks & Recreation Advisory Board – P&R Classroom, Pasco City Hall (COUNCILMEMBER DAVID MILNE, Rep.; COUNCILMEMBER SAUL MARTINEZ, Alt.) • Friday, December 6, 1:00 PM: Chapel Hill Boulevard Ribbon Cutting Ceremony - Road 84 Roundabout This meeting is broadcast live on PSC-TV Channel 191 on Charter/Spectrum Cable in Pasco and Richland and streamed at www.pasco-wa.gov/psctvlive. Audio equipment available for the hearing impaired; contact the Clerk for assistance. Servicio de intérprete puede estar disponible con aviso. Por favor avisa la Secretaria Municipal dos días antes para garantizar la disponibilidad. (Spanish language interpreter service may be provided upon request. Please provide two business day's notice to the City Clerk to ensure availability.) Page 4 of 136 AGENDA REPORT FOR: City Council November 19, 2019 TO: Dave Zabell, City Manager Regular Meeting: 12/2/19 FROM: Debby Barham, City Clerk Administrative & Community Services SUBJECT: Approval of Meeting Minutes I. REFERENCE(S): Draft 11.18.19 Council Minutes II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: To approve the minutes of the Pasco City Council Meeting held on November 18, 2019. III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: V. DISCUSSION: Page 5 of 136 REGULAR MEETING MINUTES PASCO CITY COUNCIL NOVEMBER 18, 2019 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; Eric Ferguson, City Attorney; Rick White, Community & Economic Development Director; Richa Sigdel, Finance Director; Zach Ratkai, Administrative & Community Services Director; Brent Cook, Deputy Police Chief; Bob Gear, Fire Chief; Dan Ford, City Engineer; and Debby Barham, City Clerk. The meeting was opened with the Pledge of Allegiance. CONSENT AGENDA: Approval of Meeting Minutes To approve the minutes of the Pasco City Council Meeting held on November 4, 2019. Bills and Communications To approve claims in the total amount of $2,691,057.91 ($954,229.74 in Check Nos. 232327-232539; $801,178.36 in Electronic Transfer Nos. 826460-826467, 826526-826530; $21,862.39 in Check Nos. 53062-53083; $788,183.08 in Electronic Transfer Nos. 30140944-30141472; $125,604.34 in Electronic Transfer Nos. 634-640). 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 $266,343.95 and, of that amount, authorize $125,516.98 to be turned over for collection. Basin Disposal Inc. - Overview of Services, 2020 Rate Increase To approve the report of the Committee on Solid Waste Rates and the 2020 Basin Disposal Service rates as proposed. Lift Station Improvements - Amendment No. 3 to HDR Professional Services Agreement To approve Professional Services Agreement Amendment No. 3 with HDR Engineering, Inc. in the amount of $530,681.00, and further, authorize the City Manager to execute the Amendment. Ambulance Billing - Professional Services Agreement To approve the Ambulance Billing Professional Services Agreement with Systems Design West LLC and, further, authorize the City Manager to execute the agreement. Transportation System Master Plan - DKS Professional Services Agreement To approve the Professional Services Agreement for the Transportation System Page 1 of 4 Page 6 of 136 REGULAR MEETING MINUTES PASCO CITY COUNCIL NOVEMBER 18, 2019 Master Plan with DKS Associates, and further, authorize the City Manager to execute the agreement. (RC) MOTION: Mayor Pro Tem Maloney moved to approve the Consent Agenda as read. Ms. Barajas seconded. Motion carried by unanimous Roll Call vote. VISITORS - OTHER THAN AGENDA ITEMS: Mr. Roberts, City of Pasco resident, expressed appreciation to Mayor Watkins for his work on the City of Pasco's Council and that Mayor Watkins wi ll be greatly missed after his term ends in December 2019. Mayor Watkins thanks Mr. Roberts for the well wishes. Mr. Isaiah Chong, City of Pasco resident, expressed concern about elderly citizens crossing Burden Boulevard between Road 68 and Road 72 as they access the Ben Franklin Transit bus stops. Mr. Chong asked for a painted crosswalk close to the bus stops. Mayor Watkins referred Mr. Chong to Mr. Ford, City Engineer to followup regarding pedestrians crossing Burden Boulevard near the bus stops. REPORTS FROM COMMITTEES AND/OR OFFICERS: Presentation - Visit Tri-Cities Regional Sports Study Mr. Ratkai introduced Mr. Novakovich, Visit Tri-Cities President & CEO and CH Johnson Consultants who were scheduled to provide the results of the Regional Sports Study to Council. Mr. Novakovich handed the Sports Facilities Market and Feasibility Study presentation over to Mr. Brandon Dowling and Mr. Colin Carrane. Mr. Dowling and Mr. Carrane's presentation focused on re-purposing the Tri- City Youth Soccer Association (TCYSA) Complex, located on Burden Boulevard east of Road 68. The re-purposed soccer complex would include: • Turf 8-10 fields with the highest quality turf on the market • Championship Stadium with seating for approximately 500 • 4-6 lighted fields • Practice/Warm up area (turf) • Concessions • Restrooms • Equipment Storage Area Council and the consultants further discussed the study, as well as the recommendations that will be presented to the Cities of Kennewick and Richland. They also discussed the status of competition swimming and asked for more information about synthetic turf versus natural turf fields. Verbal Reports from Councilmembers Mr. Alvarado recently attended the Ben Franklin Transit meeting, Good Roads & Transportation Association meeting, and Benton Franklin Council of Governments meeting. Mr. Alvarado also visited the Animal Control Shelter with other public officials. Page 2 of 4 Page 7 of 136 REGULAR MEETING MINUTES PASCO CITY COUNCIL NOVEMBER 18, 2019 Mr. Milne attended the Election Impact breakfast meeting and the Pasco Chamber of Commerce lunch meeting, witch included a discussion about the Snake River dams. Ms. Barajas commented on the Animal Control Shelter. Mr. Martinez also commented about the Animal Control Shelter and the many volunteers that support the care of animals at the shelter. ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS: Limited Tax General Obligation (LTGO) Bond MOTION: Mayor Pro Tem Maloney moved to adopt Ordinance No. 4470, relating to contracting indebtedness; providing for the issuance, sale and delivery of not to exceed $23,000,000 aggregate principal amount of limited tax general obligation bonds to provide funds to design, construct and equip replacement fire stations for Station No. 83 and Station No. 84, a regional animal shelter facility, improvements to GESA Stadium, and other capital purposes, as deemed necessary and advisable by the City, and to pay the costs of issuance and sale of the bonds; fixing or setting parameters with respect to certain terms and covenants of the bonds; appointing the City’s designated representative to approve the final terms of the sale of the bonds; and providing for other related matters and, further, authorize publication by summary only. Mr. Martinez seconded. Motion carried unanimously. Fireworks Ordinance Update MOTION: Mayor Pro Tem Maloney moved to adopt Ordinance No. 4471, Amending Sections 5.96.010: License required, 5.96.030: Permit fee, 5.96.040: Term of license, 5.96 070: Timing for filing of application, 5.96.080: Fireworks sales requirements, and 3.35.050: Business licenses of the Pasco Municipal Code and further, authorize publication by summary only. Ms. Barajas seconded. Motion carried unanimously. Creation of an Arts and Culture Commission MOTION: Mayor Pro Tem Maloney moved to approve Ordinance No. 4472, establishing an Arts and Culture Commission. Mr. Alavado seconded. Motion carried unanimously. *Purchase and Sale Agreement - City Purchase of Future Park Land MOTION: Mayor Pro Tem Maloney moved to approve Resolution No. 3920, approving the Purchase and Sale Agreement with the Pasco School District for future parkland adjacent to Three Rivers Elementary School and thus authorize the City Manager to sign and execute the Purchase and Sale Agreement. Mr. Serrano seconded. Motion carried unanimously. MISCELLANEOUS DISCUSSION: Mr. Zabell announced the following: 1. The signing ceremony of the Agreement in Principle with the Confederated Tribes of the Colville Reservation is scheduled for Wednesday, November 20 at 5:30 PM; 2. The recent swearing in of the new Deputy Chief of Police; 3. The 2019 Turkey Bowl scheduled for Thanksgiving Day on November 28; and 4. A community workshop regarding Lower Snake River Dams is scheduled on Monday, January 13, 2020 and encouraged Council to Page 3 of 4 Page 8 of 136 REGULAR MEETING MINUTES PASCO CITY COUNCIL NOVEMBER 18, 2019 attend that event. Mr. Alvarado announced two upcoming Washington State Department of Transportation events, which include the State Active Transportation Plan and Joint Transportation Committee meeting. Mr. Serrano announced the 2019 State Fall Special Olympics will be held November 22 through 24, 2019 in Tri-Cities. Mr. Maloney announced the next Pasco Public Facilities District Board meeting is scheduled for Tuesday, November 19, 2019. EXECUTIVE SESSION: Mayor Watkins announced an Executive Session for approximately 20 minutes to consider acquisition of real estate per RCW 42.30.110 (b) and to discuss litigation or potential litigation with legal council per RCW 42.30.110 (i)(1)(i). Council, the City Manager, City Attorney, and Administrative & Community Services Director adjourned to Executive Session at 8:11 PM. Mayor Watkins called the meeting back to order at 8:28 PM. ADJOURNMENT: There being no further business, the meeting was adjourned at 8:28 PM. PASSED AND APPROVED this 2nd day of December, 2019. APPROVED: ATTEST: Matt Watkins, Mayor Debra Barham, City Clerk Page 4 of 4 Page 9 of 136 AGENDA REPORT FOR: City Council November 27, 2019 TO: Dave Zabell, City Manager Regular Meeting: 12/2/19 FROM: Richa Sigdel, Director Finance SUBJECT: Bills and Communications I. REFERENCE(S): Accounts Payable 12.02.19 Bad Debt Write-off/Collection II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: To approve claims in the total amount of $4,116,063.52 ($2,877,555.66 in Check Nos. 232540-232773; $481,695.90 in Electronic Transfer Nos. 826403-826447, 826468- 826525, 826531-826621, 826624-826720; $ 20,345.88 in Check Nos. 53084-53106; $733,329.18 in Electronic Transfer Nos. 30141473-30141993; $3,136.90 in Electronic Transfer No. 641) III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: V. DISCUSSION: Page 10 of 136 REPORTING PERIOD: December 2, 2019 Claims Bank Payroll Bank Gen'l Bank Electronic Bank Combined Check Numbers 232540-232773 53084-53106 Total Check Amount $2,877,555.66 $20,345.88 Total Checks 2,897,901.54$ Electronic Transfer Numbers 826403-826447 30141473-30141993 641 826468-826525 826531-826621 826624-826720 Total EFT Amount $481,695.90 $733,329.18 $3,136.90 $0.00 Total EFTs 1,218,161.98$ Grand Total 4,116,063.52$ Councilmember 496,218.47 32,530.90 0.00 0.00 71.62 138.84 3,668.48 54,080.65 24,314.68 2,054.15 61,568.02 2,090.23 2,268.40 794.36 542.60 14,861.43 244.60 HOTEL/MOTEL EXCISE TAX 12,086.70 0.00 1,158,698.73 1,081,329.90 2,233.92 0.00 25,937.67 0.00 112,529.07 2,755.45 1,025,044.65 GRAND TOTAL ALL FUNDS:4,116,063.52$ EQUIPMENT RENTAL - REPLACEMENT GOVERNMENTAL EQUIPMENT RENTAL - REPLACEMENT BUSINESS MEDICAL/DENTAL INSURANCE FLEX PAYROLL CLEARING STADIUM/CONVENTION CENTER LID GENERAL CAP PROJECT CONSTRUCTION UTILITY, WATER/SEWER EQUIPMENT RENTAL - OPERATING GOVERNMENTAL EQUIPMENT RENTAL - OPERATING BUSINESS REVOLVING ABATEMENT ECONOMIC DEVELOPMENT ATHLETIC PROGRAMS GOLF COURSE SENIOR CENTER OPERATING MULTI-MODAL FACILITY RIVERSHORE TRAIL & MARINA MAIN C.D. BLOCK GRANT HOME CONSORTIUM 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 2nd day of December, 2019 that the merchandise or services hereinafter specified have been received and are approved for payment: November 14 - 26, 2019 C I T Y O F P A S C O Council Meeting of: Accounts Payable Approved The City Council Page 11 of 136 AGENDA REPORT FOR: City Council November 22, 2019 TO: Dave Zabell, City Manager Regular Meeting: 12/2/19 FROM: Dave Zabell, City Manager Executive SUBJECT: December 2019 Council Meeting Cancellations & January 2020 Council Workshop Change I. REFERENCE(S): II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: To cancel the December 16 Regular Council Meeting and December 23 Council Workshop; and furthermore, to change the Council Workshop Meeting scheduled for January 13, 2020 to 7 PM January 14, 2020. III. FISCAL IMPACT: N/A IV. HISTORY AND FACTS BRIEF: V. DISCUSSION: The proposed motion, provides for cancellation of the City Council's last scheduled regular meeting and workshop of 2019, December 16 and December 23, respectively. Cancellation of these meetings are consistent with past practice, no items are currently scheduled for either meeting, nor is there a pressing need. In addition, Governor Inslee will be hosting a public hearing in Pasco on January 13, 2020 to solicit input from the community regarding the disposition of the Lower Snake River Dams. Removal of the dams comes with significant consequences to the community and region. As a stakeholder, it is important for City leaders to participate in the engagement process the Governor has established. The proposed motion would further reschedule the January 13, 2020 Council workshop meeting January 14, 2020 at 7 PM in the City Council Chambers. As a quorum is anticipated, staff will notice the January 13 event as a special meeting. Staff recommends approval of the proposed motion. Page 12 of 136 AGENDA REPORT FOR: City Council November 25, 2019 TO: Dave Zabell, City Manager Regular Meeting: 12/2/19 FROM: Dave Zabell, City Manager Executive SUBJECT: 2020 Legislative Priorities I. REFERENCE(S): 2020 Legislative Priorities Proposed Resolution II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: To approve Resolution No. ____, declaring the City's legislative priorities for the 2020 session of the Washington State Legislature. III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: The 2020 legislative session begins on January 13, 2020. This is the second year of the biennial cycle where the legislature is tasked with implementing supplemental budgets during a short 60-day session. Worth noting is that all bills introduced in the 2019 legislative session are automatically reintroduced in 2020 session. Gordon Thomas Honeywell Governmental Affairs (GTHGA) has been contracted to assist in developing and promoting the Council's legislative priorities to the legislature. GTHGA assists the City in Olympia by providing an on-the-ground presence in Olympia during session, monitoring the legislature throughout the year, and advancing the City's legislative agenda. The City has benefited by maintaining a proactive posture with th e legislature regarding the interests of Pasco. One means by which Council has made its concerns and interests known to the legislature, and specifically its legislative delegation, is through the adoption of its City Legislative Priorities Statement. V. DISCUSSION: Page 13 of 136 Attached is the proposed 2020 legislative priorities list which reflects modifications to the previous agenda as recommended by staff and the legislative consultant, Briahna Murray, Vice President, Gordon Thomas Honeywell Governmental Affairs. The proposed changes consider changed circumstances over the past year, the evolution of Council's overall policy direction and the likelihood of success. Staff and the GTHGA team presented to Council at the November 20th meeting. Legislative priorities have been modified based on Council discussion. Staff recommends Council approval of the attached resolution establishing the City's 2020 legislative priorities. Page 14 of 136 City of Pasco 2020 State Legislative Priorities LEWIS STREET OVERPASS PROJECT: The City requests that the Legislature approve an adjustment to the LEAP list for the Freight Mobility Strategic Investment Board to allocate $4.4 million in the 2020 supplemental transportation budget to fund the final phase of the Lewis Street Overpass project. OnceWhen completed, the project will create an overpass across the BNSF Railway railroad tracks to replace the 1937 Lewis Street undercrossing built in 1937. With the additionalenhanced roadway features and pedestrian features, the overpass will provide an important and safe link between the Pasco Central Business District and eastern Pasco for freight, emergency service vehicles, school buses, residents, and businesses. PROCESS WATER REUSE FACILITY IMPROVEMENTS: The City is in the early stages of a multi-year effort to improve its industrial wastewater treatment facility that serves a very successful group of food processors. To improve the reliability of the facility, allow for the expansion in productivity of current food processors, and to create capacity for additional processors, the facility requires conveyance, rehabilitation and treatment improvements. These improvements willare estimated to cost a total $43M over 4 years. Through a public/private partnership, food processors are committed to paying for this project. To help reduce the financial burden to these processors, the City of Pasco and processors requests that the state invest $5 million in the project over the next 2 years. DOWNTOWN PASCO REVITALIZATION: The City requests $2 million to revitalize downtown Pasco. The City envisions a downtown with wider sidewalks for outdoor cafes, pedestrian- friendly access, plazas and gathering places. These infrastructure improvements will attract development and revitalize downtown Pasco by enhancing the connection between the Lewis Street Overpass Project and Peanuts Parks/Farmer’s Market to the Lewis Street Corridor.. MENTAL HEALTH SALES TAX: Since initially authorized in 2005, most counties throughout Washington State have approved a sales tax increase to fund mental health and chemical dependency treatment services. Despite a growing and increasingly dire need for chemical dependency and mental health treatment services in Pasco and the surrounding communities, Franklin County has not utilized this authority. The Pasco community is experiencing the consequences of this inaction – increased homelessness, rising crime rates, and other public safety concerns. The City of Pasco requests the authority to impose a .01 of 1% sales tax to fund mental health and chemical dependency services in lieu of the county. The Legislature has previously authorized cities within Pierce County this same authority. ECONOMIC DEVELOPMENT TOOLS: The City joins the Association of Washington Cities in encouraging the State to reinvigorate the Local Revitalization Fund (LRF) and/or establish a tax increment financing program like what exists in other states. If authorized, Pasco would use these tools in the Broadmoor region to spur development on on 65 acrestargetted commercials lands. Additionally, Pasco supports extending the .09 sales tax credit for rural economic development. DEFEND LOCAL CONTROL: The City believes the best governmental decisions are those that are made closest to the people. Cities possess strong local authority to provide for the safety and welfare of their residents, and the Legislature must abstain from restricting, mandating, or otherwise interfering with local decisions. The City will oppose legislative actions that are inconsistent with this view. Page 15 of 136 The City of Pasco Supports/Opposes FINANCE/GENERAL GOVERNMENT State-Shared Revenues Pasco receives approximately $1.3 million annually from the state, categorized as “state-shared revenues.” The City urges the State to preserve and enhance these revenue streams. Election of Judges Pasco opposes legislation mandating that part-time municipal court judges be elected rather than appointed. Labor Reform Pasco opposes legislation that increases labor costs. INFRASTRUCTURE & ECONOMIC DEVELOPMENT Local Transportation Funding Pasco supports increased funding and tools for cities to fund the operations and maintenance of the local transportation system, including funding that backfills the significant loss in transportation revenue resulting from the passage of I-976. Lower Snake River Dams Pasco opposes the removal of dams along both the Columbia and Snake Rivers and encourages the State to perform additional analysis on the economic impact of any such proposals. Affordable Housing Pasco supports legislative proposals to address housing affordability. The City recognizes that school impact fees have an effect on housing affordability and encourages the State to evaluate the efficacy of those fees and others alike. Main Street Tax Credit Incentive Program Pasco supports legislation that improves the Main Street Tax Incentive Program. PUBLIC SAFETY Basic Law Enforcement Academy Pasco supports increased funding a levels adequate and other solutions to ensure newly hired officers can complete training through the Basic Law Enforcement Academy in a timely manner. Funding to Reduce Gang Violence Pasco supports proposals that increase funding to reduce gang violence throughout the state. Marijuana Laws Pasco supports policies that retain local authority on regulations that govern marijuana production or sale. LAND USE Pasco DNR Property Pasco is opposed to DNR buying land within the City’s Urban Growth Area (UGA) and asks the Department to divest itself of the undeveloped land it currently owns within the UGA. The City hopes to continue working collaboratively with DNR to develop the commercially-zoned properties west of Road 68, along the Chapel Hill Road alignment. Notification of Pre- Annexation Agreements Pasco supports legislation improving notification of existing pre- annexation agreements in the home buying process. Annexation of Unincorporated Islands Pasco opposes legislation mandating cities to annex unincorporated islands, but supports incentives that encourage annexation, such as lowering the percentage of petition signers needed to annex unincorporated islands. Page 16 of 136 RESOLUTION NO. _________ A RESOLUTION declaring the City’s legislative priorities for the 2020 session of the Washington State Legislature. WHEREAS, the 2020 session of the Washington State Legislature commences on January 13. WHEREAS, the City of Pasco, as a municipal corporation and subdivision of the state, can be substantially affected by the actions of the legislature; and WHEREAS, the City Council has evaluated conditions impacting the City and opportunities to improve the services the City provides to its citizenry; and WHEREAS, the City Council desires to identify its legislative priorities for the 2020 legislative session so they can be provided to state legislators prior to commencement of the next legislative session; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON: Section 1. That the legislative objectives stated herein below constitute the priorities of the City of Pasco for the 2020 legislative session.  LEWIS STREET OVERPASS PROJECT: The City requests that the Legislature approve an adjustment to the LEAP list for the Freight Mobility Strategic Investment Board to allocate $4.4 million in the 2020 supplemental transportation budget to fund the final phase of the Lewis Street Overpass project. Once completed, the project will create an overpass across the BNSF Railway railroad tracks to replace the Lewis Street undercrossing built in 1937. With the enhanced roadway and pedestrian features, the overpass will provide an important and safe link between the Pasco Central Business District and eastern Pasco for freight, emergency service vehicles, school buses, residents, and businesses.  PROCESS WATER REUSE FACILITY IMPROVEMENTS: The City is in the early stages of a multi-year effort to improve its industrial wastewater treatment facility that serves a very successful group of food processors. To improve the reliability of the facility, allow for the expansion in productivity of current food processors, and to create capacity for additional processors, the facility requires conveyance, rehabilitation and treatment improvements. These improvements are estimated to cost a total $43 million over 4 years. Through a public/private partnership, food processors are committed to paying for this project. To help reduce the financial burden to these processors, the City of Pasco and processors request that the state invest $5 million in the project over the next 2 years.  DOWNTOWN PASCO REVITALIZATION: The City requests $2 million to revitalize downtown Pasco. The City envisions a downtown with wider sidewalks for outdoor cafes, Page 17 of 136 pedestrian-friendly access, plazas and gathering places. These infrastructure improvements will attract development and revitalize downtown Pasco by enhancing the connection between the Lewis Street Overpass Project and Peanuts Parks/Farmer’s Market to the Lewis Street Corridor.  ECONOMIC DEVELOPMENT TOOLS: The City joins the Association of Washington Cities in encouraging the State to reinvigorate the Local Revitalization Fund (LRF) and/or establish a tax increment financing program like what exists in other states. If authorized, Pasco would use these tools to spur development on targeted commercial land. Additionally, Pasco supports extending the .09 sales tax credit for rural economic development.  DEFEND LOCAL CONTROL: The City believes the best governmental decisions are those that are made closest to the people. Cities possess strong local authority to provide for the safety and welfare of their residents, and the Legislature must abstain from restricting, mandating, or otherwise interfering with local decisions. The City will oppose legislative actions that are inconsistent with this view. Section 2. The City Manager is hereby directed to inform state legislators and other appropriate parties of the City’s 2020 legislative priorities. PASSED by the City Council of the City of Pasco this ____ day of December, 2019. _____________________________ Matt Watkins Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Debra Barham, CMC Eric W. Ferguson City Clerk City Attorney Page 18 of 136 AGENDA REPORT FOR: City Council November 27, 2019 TO: Dave Zabell, City Manager Regular Meeting: 12/2/19 FROM: Dave Zabell, City Manager Executive SUBJECT: Downtown Pasco Development Authority Appointments I. REFERENCE(S): II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: To confirm the Mayor's appointment of Miguel Angulo to Position No. 5 and Jose Iniquez to Position No. 7 on the Downtown Pasco Development Authority Board, effective 1/01/2020. and To confirm the Mayor's reappointment of Sean Gehlen to Position No. 1 on the Downtown Pasco Development Authority Board, effective 1/01/2020. III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: The Downtown Pasco Development Authority (DPDA) undertakes and facilitates revitalization efforts in downtown Pasco and oversees the activities and efforts of the Authority's Executive Director. The DPDA is composed of seven members; terms are for four years. The Board meets on the third Thursday of each month at 4:00 pm. There are two positions whose terms expire 12/20/19: 1. Position No. 1 (Sean Gehlen) 2. Position No. 7 (Michael Miller) Page 19 of 136 V. DISCUSSION: Board President Portugal has conveyed DPDA Board’s consensus on the proposed appointments, the Mayor has reviewed the candidates and is proposing the reappointment of Sean Gehlen to Position No. 1, and the appointments of Miguel Angelo and Jose Iniguez to Positions 5 and 7 respectively. Page 20 of 136 AGENDA REPORT FOR: City Council November 7, 2019 TO: Dave Zabell, City Manager Regular Meeting: 12/2/19 FROM: Richa Sigdel, Finance Director Finance SUBJECT: General Fund Monthly Report - October 2019 I. REFERENCE(S): General Fund Report II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: N/A III. FISCAL IMPACT: N/A IV. HISTORY AND FACTS BRIEF: Attached is a monthly financial update to Council on the General Fund, the City's major fund. The administration provides quarterly reports to Council for other non- major funds. V. DISCUSSION: Staff proposed a needed budget adjustment to Council during the November 25, 2019 Council Workshop meeting. There were no contracts over $100,000 and under $300,000 executed administratively in the month of October. Page 21 of 136 Fund NameFund DescriptionReport MonthOctober, 2019Elapsed Time41%2017 Actual 2018 Actual2019-2020 Budget2019-2020 Actual2019-2020 ProjectedVariance% of Biennial BudgetCommentsRevenuesTaxesProperty 7,963,302 8,352,750 21,548,971 9,689,913 21,648,971 100,000 45%Sales 13,180,233 14,154,008 27,519,809 12,104,814 28,570,809 1,051,000 42% Expected tax collection, based on higher receipts but also shortened Christmas shopping schedule.Public Safety 1,523,723 1,661,707 3,373,400 1,377,325 3,389,400 16,000 41%Utility 9,409,979 9,585,916 19,538,919 8,622,107 19,123,919 -415,000 45% Reduction in Telephone and PWRF utility tax. Telephone utility tax is expected to keep declining, whereas PWRF utility tax is function of timing of current operational costs.Other 1,252,023 1,299,862 2,437,750 1,185,407 2,397,750 -40,000 49%Licenses & Permits 2,177,235 2,640,720 4,459,000 2,386,770 4,989,000 530,000 48% Higher than expected building permits, and increase in number of business licenses.Intergovernmental 2,130,300 2,294,273 4,737,868 2,229,697 4,896,868 159,000 46%Charges Goods & Services 6,932,637 7,385,382 15,417,018 6,377,134 15,327,018 -90,000 42%Fines & Forfeits 788,474 943,321 1,811,200 685,145 1,714,200 -97,000 40%Miscellaneous 657,342 1,731,200 1,195,800 1,643,969 1,995,800 800,000 82% Property sale revenue not budgeted. Increase in insurance recoveries.Debt & Transfer In 638,000 232,298 17,705,200 207,690 22,605,200 4,900,000 1% Timing of debt proceeds and grant transfers. Long Term investment on Chapel Hill LID, GESA Stadium and Animal Shelter transfer.Total Revenues 46,653,248 50,281,437 119,744,935 46,509,972 126,658,935 6,914,000 37%ExpendituresCity Council 111,918 124,533 260,540 97,946 260,540 0 38%Municipal Court 1,458,682 1,504,212 3,228,697 1,235,493 3,252,697 24,000 38%City Manager 1,709,640 1,635,045 4,261,136 1,174,769 3,806,136 -455,000 31% Large non labor times not procured yet, as well as vacant Deputy City Manager's position.Police 16,497,955 16,565,400 35,524,184 13,699,079 36,324,184 800,000 38%Fire 7,660,554 7,874,894 15,266,340 6,355,568 16,062,340 796,000 40%Administrative & Community Services 7,370,500 7,502,803 16,217,814 6,401,068 16,497,814 280,000 39%Community & Economic Development 1,748,053 1916402 3,878,345 1,637,190 3,878,345 0 42%Finance 2,196,310 2,270,459 5,105,873 2,118,490 5,231,873 126,000 40%Engineering 1,726,983 1,555,552 3,791,421 1,290,411 3,531,421 -260,000 37% Vacancy in positions within the department.Library 1,445,550 1,375,894 2,905,818 1,178,098 2,905,818 0 41%Non-Departmental 2,025,292 2,795,354 4,367,755 1,599,685 4,367,755 0 37% Timing of receipt and payment of bills.Debt & Transfer Out 3,592,619 1,914,455 24,224,750 3,072,159 29,341,750 5,117,000 10% Timing of debt payments. Long Term investment on Chapel Hill LID, GESA Stadium and Animal Shelter transfer, as well as changes to schedules in capital budget. Total Expenditures 47,544,056 47,035,003 119,032,673 39,859,956 125,460,673 6,428,000 32%Status - LaborStatus - Non LaborAnticipated Future IssueGeneral FundLargest fund within the City portfolio. Taxes are major revenue sources and Public Safety salaries and benefits are major expenses within this fund.Regular labor spending is on-track, and while overtime budget for Fire and Police department has been higher than expected, the spending is expected to be managed without need for supplement request for 2019. Staff proposed needed budget adjustment to Council during November 25 Council Workshop meeting. City is expected to be on track for non labor expenses. Staff proposed needed budget adjustment to Council during November 25 Council Workshop meeting. Staff proposed needed budget adjustment to Council during November 25 Council Workshop meeting. Page 22 of 136 $0$5,000$10,000$15,000$20,000$25,000$30,000$35,000$40,000$45,000$50,000JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DECThousands2019 Cumulative General Fund Revenue & Expenditures2019 Cumulative Revenue2019 Cumulative Expenditures5-Yr Average Rev5-Yr Average ExpPage 23 of 136 AGENDA REPORT FOR: City Council November 26, 2019 TO: Dave Zabell, City Manager Ken Roske, Chief of Police Regular Meeting: 12/2/19 FROM: Jeff Harpster, Captain-Patrol Police Department SUBJECT: Body Worn Camera Program Update " Records Impact" I. REFERENCE(S): Body Worn Camera Presentation II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Discussion III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: In 2016, the Pasco Police Department (Department) started the review and feasibility of deploying body worn cameras (BWC) to its officers. Previously, the Department had led the municipal law enforcement community with the deployment of patrol vehicle dash cameras more than twenty years ago, that effort has proven to be successful. Technological advances in the interim, made implementation of BWC as a practical and progressive move in expanding transparency and enhancing public and officer safety. Over the course of a multiple year period, the Department evaluated vendors, developed department draft policies, identified best practices, and conducted a pilot BWC program. Based on the efforts and experiences learned through that aforementioned activities, and Council authorization, in 2018, the Department identified a vendo r and moved forward with policy adoption and implementation of the BWC program in the first quarter of 2019. As anticipated, the use of BWCs has proven to be a valuable tool in Page 24 of 136 evidence collection and department transparency. Additional workload on the Department, as well as the City Clerk’s Office, come from complying with the Public Records Act when the BWC video records are requested. The Police Department and City Clerk’s Office collaborate on the impact of those requests. V. DISCUSSION: The presentation will discuss how the Body Worn Camera program has affected multiple aspects of law enforcement including evidence, training and citizen complaints. It will also provide information concerning public records requests and the impact of these on the Police Department as well as the City Clerk's Office. Page 25 of 136 Pasco City Council MeetingDecember 2, 2019Page 26 of 136 Pasco PDBody Worn Camera Program•Multiple systems evaluated –Axon selected•System training – Summer 2018•Hardware Installation –End of 2018•Full implementation ‐1stQuarter of 2019•Approximately 13 TB of video storage usedPage 27 of 136 Pasco PDEvidentiary•Video adds another dimension to written reports to better depict an incident for the courts.•DUI Field Sobriety Tests results can be viewed to enhance an officer’s testimony.•The Evidence.com mobile phone app makes collecting photographs easier and saves time for officers recording the photos into evidence.•Officers can review video of an incident to recall the details of an event prior to reporting.Page 28 of 136 Pasco PDTraining•BWC video enhances an incident debrief allowing officers to have more learning opportunities.•Defensive Tactics Instructors can review incidents to enhance learning points in future lessons plans.Page 29 of 136 Pasco PDComplaints•Video has been beneficial to review citizen complaints of officer misconduct.•The majority of citizen complaints are resolved by reviewing the BWC video of an incident. Frequently a complaining person’s recollection of an incident is different than the actual event.•Video has also been beneficial when an issue has been identified internally. In these cases officers review their own video to self critique their performance.Page 30 of 136 Pasco PDPublic Records Request48 BWC Public Records Requests submitted to dateCity Clerk•Total BWC Video Review: 72 Hours•Redaction Time Per Request: 1.5 HoursPolice Department Review•Total BWC Video Review: 48 Hours•Review & Compile BWC Video Per Request:.5 Hours•Generate Final Video for Requester: .5 Hours Page 31 of 136 Pasco City Council MeetingDecember 2, 2019Page 32 of 136 AGENDA REPORT FOR: City Council November 20, 2019 TO: Dave Zabell, City Manager Regular Meeting: 12/2/19 FROM: Richa Sigdel, Director Finance SUBJECT: 2019-2020 Proposed Mid-Biennium Budget Adjustment I. REFERENCE(S): Mid-Biennium Budget Adjustment Message from the City Manager 2019-2020 Mid-Biennium Budget Adjustment Ordinance 2019-2020 Mid-Biennium Capital Budget Adjustment Ordinance II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: CONDUCT A PUBLIC HEARING MOTION: I move to adopt Ordinance No. ______, adjusting the 2019-2020 Biennial by thereto; supplement providing by Pasco City the of Budget Operating of appropriating revenue received in excess of estimated revenues for the current year and by providing transfers and adjustment authority and, further, authorize publication by summary only. MOTION: I move to adopt Ordinance No. ______, amending the 2019 -2020 Biennial Capital Budget of the City of Pasco by providing supplement thereto; and, further, authorize publication by summary only. III. FISCAL IMPACT: Revenue - Increase of $5,870,018 Expense - Increase of $5,267,771 IV. HISTORY AND FACTS BRIEF: The Proposed Biennium Budget Adjustment for revenues and expenditures includes proposed changes to capital project schedules, program expenses for 2020, as well as expenses that were unanticipated or indeterminable at the time the 2019-2020 Biennial Budget was prepared. Page 33 of 136 V. DISCUSSION: A detailed narrative is provided though the Mid-Biennium Budget Adjustment Message from the City Manager and is attached. Council discussed the Proposed Budget Adjustment at the November 25 Council Workshop. Staff recommends approval of the proposed ordinances. Page 34 of 136 Honorable Mayor and City Council, Pasco residents, business owners/operators, and interested parties: As you are aware, the City Council adopted the City’s first Biennial Budget last year and we are approaching the mid-point. While the adopted budget encompasses a two-year period, 2019- 2020, the City has a statutory requirement to review and appropriately modify its Biennial Budget between September 1 and December 31 of the first year of the biennium. Beyond the aforementioned statutory obligation, there are countless dynamics at play in the course of providing City services that invariably necessitate adjustment. Such review also leads to greater transparency in terms of Council’s oversight role and for the public. Accordingly, please find attached the City of Pasco’s first Biennial Budget Adjustment Proposal for the years 2019-2020. The 2019-2020 budget was fashioned to hasten the implementation of the City Council’s adopted goals. As proposed, this adjustment continues and enhances those efforts, while accounting for factors influencing the adopted budget. The proposed Biennial Budget Adjustment accounts for increases and decreases in fund balances, as well as necessary changes in revenues and expenditures. I am pleased to report that, overall, the adjustment proposes a 1.6% increase in revenue and a 1.4% increase in expenses over the 2019- 2020 adopted budget. These increases include changes to capital projects proposed or approved by Council during the year, as well as proposed staffing changes, including a COLA based adjustment to the wage scale for non-represented and management staff. 2019 OVERVIEW In discussing the necessary adjustments to the Biennial Budget, some context regarding accomplishments for the first year is helpful. What follows is a high-level overview of some of the more noteworthy successes during 2019, many of which were long-time City Council and Departmental goals: o Recognition as an All-America City Finalist for a second time. o Successfully completed negotiations and implementation of multi-year labor agreements with three of the City’s bargaining groups: Pasco Police Officers Association – Uniformed, Pasco Police Officers Association – Non-Uniformed, and International Union of Operating Engineers – Local 280. All were settled or modified in a way that promotes the City’s competitiveness as an employer while assuring sustainability. o Implementation of several enhancements to the City’s public outreach efforts including; updating the City website and Facebook page, transition of PSCTV to high definition, rollout of a new City logo, the start of radio ads in English on KONA-AM/FM and in Spanish on 92.5 La Super. o Recognition by Alliance for Community Media Northwest Region “Best of the Northwest” Award for coverage of the League of Women Voters Candidate Forum. o Successfully recruited a Police Chief, resulting in the Appointment of Ken Roske, the department’s first internal chief in over half a century. o Achieved national accreditation through the Commission on Accreditation for Law Enforcement Agencies (CALEA) and recertified for State accreditation through Washington Association of Sheriffs and Police Chiefs, making Pasco one of only six cities in the State to hold accreditation at both the state and national level. o Awarded the Washington State Department of Ecology 2018 Perfect Compliance Award for performance of the Wastewater Treatment Plant. o Awarded Government Finance Officer Association’s Distinguished Budget Presentation Awards Program for 2019-2020 Biennial Budget. Page 35 of 136 o Completed the Limited Tax General Obligation Bond issuance for Fire Stations 83 and 84, Animal Shelter, and GESA Stadium improvements. o Adopted development design standards updating and standardizing development requirements, clarifying processes and simplifying navigation of the process for community members and property owners wishing to improve their properties. o Continued efforts to aggressively pursue outside funding sources to leverage City investment. Below are some of the major grants and low-interest loans awarded through largely competitive processes: • Freight Mobility Strategic Investment Board (FMSIB) Grant – Lewis Street Overpass (requires legislative action). • Connecting Washington Grant – Lewis Street Overpass. • Transportation Improvement Board (TIB) Grant – Lewis Street Overpass. • ‘A’ Street Sporting Complex – Recreation and Conservation Office (RCO) Grant. • Process Water Reuse Facility – 0.09 Grant Program award. o Significant progress on numerous capital projects, many of which are now complete or major milestones have been reached: • Chapel Hill Boulevard LID – Execution of LID completed with construction substantially complete. • City Hall Remodel Phase II – Construction complete. • Downtown Police Substation – Relocation and interior remodel complete. • Fire Station 85 – Land purchase and property clean-up complete. • 20th Avenue Overlay, Court Street - I-182 – Construction complete. • Oregon Avenue Corridor Improvements Phase 1 – Construction complete. • Columbia Water Supply Intake – Construction complete. • Water Treatment Plant (WTP) PLC and Controls Upgrade – Construction complete. • NW Area Sewer Trunk Line – Complete. • Animal Shelter – Design complete. • Peanuts Park – Design complete. • Lewis Street Overpass – Design complete. • Waste Water Treatment Plant Facility Plan – Complete. • Process Water Reuse Facility Plan – Complete. • Land Use Comprehensive Plan – Significant progress made. • Broadmoor Area Master Plan and EIS – Nearing completion. • Surplus City-owned property – Disposed of several parcels to be developed to productive use. This impressive list of accomplishments reflects the commitment, professionalism and capacity of the organization and the alignment of staff efforts with City Council’s goals and direction, as provided for in the adopted budget. 2019-2020 BIG PICTURE Growth was the major theme of the 2019-2020 budget: catching up to it, planning for it, developing and implementing capital and programmatic investment strategies to address its impact. With the first year of the Biennial Budget nearing completion, the City continues to see strong growth in all sectors, including more than 500 new single-family homes permitted in 2019. In the areas of public safety, public utilities, land-use and transportation (in 2020), the City’s long-range plans have been updated in a coordinated fashion, and capital spending to implement elements identified by these plans is ramping up accordingly. This will continue for the next several years. In this regard, the 2019-2020 Budget was bold in its creation and inclusion of many projects, such as Lewis Street Overpass, Peanuts Park, Irrigation Pump Station, Fire Stations 83 and 84 Page 36 of 136 Replacement, with unsecured funding sources. Council and staff have worked tirelessly to close these funding gaps throughout 2018 and 2019 and have been successful in their efforts. While significant progress was made during the budget cycle thus far, to be successful over the long-term, the need to identify and acquire alternative funding sources for major capital projects is imperative. The results of which are reflected in the Capital Improvement Project Budget, as adjusted. Please see Exhibit B for a complete list of all proposed Capital Improvement Budget changes. What follows is an overview of the progress made on several budgeted projects and initiatives within the first year of this biennium and the resulting need for mid-biennium adjustments: o Animal Control Shelter – Design of a new facility equipped to meet current and future needs, consistent with the recommendations of the Ann Pflug report, as adopted by the three partner cities is nearing completion. It is anticipated that the project will go to bid during the first quarter of 2020. With the prior cost estimate dating back to 2016, substantial completion of design has provided a better estimate of costs, and the biennial budget adjustment includes an increase in funding for the project. In addition to accounting for updated project costs, this adjustment shifts the project funding to the pending LTGO bond. o Community Center – While starting the process to develop a new Community Center remains a high priority, this budget adjustment reallocates cash funds initially allocated to Animal Control Shelter project to move this project forward, rather than use the proceeds from the pending LTGO Bond. o ‘A’ Street Sporting Complex – The City Council previously authorized the use of City-owned property on ‘A’ Street for the ‘A’ Street Sporting Complex. Ultimately, the project will add 8-14 multi-use fields and parking to the City’s park inventory. The budget adjustment reflects receipt of $350,000 in State grant to fund the first phase of this project. In the public safety arena, Police and Fire continue to make great strides. Some recent project milestones reached include: o Opening of the Downtown Police Mini-Station. o The Community Oriented Policing Services (COPS) Grant positions are hired and trained. o Station 83 Relocation design is complete and we anticipate construction in early 2020. o Station 84 Replacement design nearing completion and we anticipate construction in late 2020. o Station 85 Land Acquisition is complete. o Station 86 Land Acquisition will be completed in 2020. o Station 81 and 82 Remodel – Additional funds are proposed to provide facility updates and, most importantly, station alerting systems at these Fire Stations. o Training Facility – Additional funds are proposed to facilitate the addition of a bathroom and hazmat wash facility. With respect to transportation related projects and initiatives, changes have been accounted for in the proposed budget adjustment, the most significant changes are as follows: o Comprehensive Transportation Plan effort is now underway. An additional $50,000 is allocated to the project for a total of $350,000. o Lewis Street Overpass – During the preparation of the 2019-2020 Biennial Budget, the City Council was committed to a “shovel-ready” status; however, construction was dependent on successfully securing gap funding. Final design work is complete, permits (BNSF) are nearly in hand, and the project is scheduled to go to bid in 2020. In 2019, Staff was able Page 37 of 136 to close the funding gap on this project, bringing it to shovel-ready status. However, passage of I-976 will delay the project until legislature meets in 2020 and resolves the dilemma associated with “Connecting Washington” money, a major source of funding on this project. o Chapel Hill Boulevard Extension – Through the successful formation of a Local Improvement District (LID), the missing segment of Chapel Hill Boulevard from Road 68 to Road 84 is now substantially complete. As a result of prepayments and a lower than expected bid, debt associated with the project is significantly less than expected and is so reflected in the budget adjustment. The City is poised to make some significant investments toward Downtown Revitalization and the Process Water Reuse Facility (PWRF). o Peanuts Park/Farmers Market Restoration will go to bid shortly, in the first quarter of 2020. The Section 108 has been secured, and the City was successful in receiving a $154,000 allocation from the State Capital Budget during 2019. These changes are reflected in the budget adjustment. As presented in the adjustment, the project is now fully funded. o PWRF Upgrades are underway with the replacement of the Irrigation Pump Station, the heart of the facility. In addition, the Foster Wells Force Main project is also underway. The capital budget adjustment reflects this progress. REQUESTED STAFF INCREASES Gains made in the strategic addition of staffing, particularly in public safety, have brought staffing levels much closer to the level required by the City’s 75,000 residents and businesses. These investments have led, in part, to the City being recognized as the third safest large city in Washington State and in achieving the Washington Surveying and Rating Bureau (WSRB) Class 3 rating. In the 2019-2020 Biennial Budget, Council approved the addition of 1 Systems Administrator, 1 Accreditation Program Coordinator, and 4 Police Officers. The organization is at a point of equilibrium in these two areas now, as we anticipate no changes in service level; a situation that will be short-lived as the community continues to grow. The situation is, however, timely in that it allows some room to catch up on needs in other areas. This budget adjustment proposes the following FTE changes: Deputy Fire Chief (1, 50% General Fund, 50% Ambulance) The Fire Department has grown considerably in size and scope to meet the needs of a growing community. The administrative demands and complexities of the department have grown proportionately. The addition of a Deputy Chief will allow senior management within the department to more proactively meet day-to-day operational demands and engage in strategic and long-range planning efforts. Administrative Assistant – Human Resources Department (1, 100% General Fund) The Human Resources Division has been utilizing a temporarily assigned employee as an Administrative Assistant for the past year. With the demands generated by a growing City and workforce, restructuring of the division to take a greater role in risk management, safety and pro- active training, the need for permanent administrative support is necessary. Staff Accountant (1, 25% General Fund, 75% Ambulance Fund) Over the past three years, the City has made significant progress in improving the sustainability in the Ambulance Fund. A large part of this sustainability is due to Council’s enacting a more equitable Page 38 of 136 rate structure and in authorizing the City’s participation in the GEMT program. The role of the Finance Department in managing these efforts and coordination with the Fire Department has grown as a result. The GEMT reimbursement, while taking a significant financial burden off of Ambulance Utility ratepayers, has added significant complexity to administration of this fund, requiring professional accounting services. The Staff Accountant position will provide professional level accounting and oversight of the City’s GEMT related activities, assist the Utility Billing Division with Commercial Billing, as well as other functions as needed within the Department. A portion of the GEMT work is currently being provided through an outside agency contract at an annual cost of approximately $70,000. This contract would be terminated with the addition of the proposed Staff Accountant. With the elimination of the third party contract, the net cost of this position is minimal. SUMMARY OF FUNDS General Fund General Fund’s fund balance at the end of 2018 was $15,790,000. This is a healthy reserve for the fund; however, over $4,000,000 of this fund balance is assigned to projects like the Community Center. Approximately $1,300,000 in additional fund balance is restricted or committed funds and can only be used for a specific purpose. Grants for seven grant-funded positions (four Police, three Fire) funded through Community Oriented Policing Service (COPS) and Staffing for Adequate Fire and Emergency Response (SAFER) programs will phase out by 2021. The corresponding impacts have been planned for and will be reflected in the 2021-2022 Biennial Budget. Revenue – Increase of $6,900,000 The increase in revenue is attributable to an additional $4,750,000 in Limited Tax General Obligation (LTGO) bond proceeds than provided for in the adopted budget. Additional revenue will contribute to the GESA Stadium and Animal Shelter projects and refund an internal fund for advanced funding of Fire Station 83 and 84 relocation design. Further, the increase reflects strong revenue streams from sales tax, building permits, and proceeds from the sale of City property. Expense – Increase of $5,730,000 The proposed increase in expense contains $200,000 for 2019 to accommodate higher than expected overtime in Public Safety. For 2020, an additional $1,100,000 is requested for overtime, as well as the proposed addition of 1.75 FTE in Fire, Human Resources, and Finance Department. The proposed budget includes $2,000,000 in transfer out of bond proceeds for GESA Stadium Improvement Project and $2,067,000 in long-term investment in Chapel Hill LID, approved by Council in 2019. Street Fund Revenue – Increase of $258,000 The proposed increase in revenue is related to increased activity in residential overlay work performed by the City’s Street Crew. City’s Street Overlay Fund provides the funding for such overlay projects. Expense – Increase of $250,000 The proposed increase in expense is related to increased activity in residential overlay work by the City’s Street Crew. City’s Street Overlay Fund provides the funding for such overlay projects. Additionally, the Transportation Master Plan is expected to cost $50,000 more than originally planned. The fund was impacted by the 2019 snow event; however, a subsidy from General Fund to absorb such impact is not needed, as the impact was managed internally. Page 39 of 136 Arterial Fund Revenue – None Expense – Decrease of $558,000 The proposed decrease in expense is related to changes in schedules of various transportation capital projects. The largest impact was due to the construction schedule of Lewis Street Overpass and a change in funding source for Argent Road Improvements Phase I – 20th Avenue to Saraceno Way. I-182 Impact Fee Fund Revenue – None Expense – Increase of $201,000 The proposed increase in expense is related to the addition of the I-182 Interchange Access Evaluation. Street Overlay Fund Revenue – None Expense – Increase of $453,000 The proposed increase is related to more aggressive residential and arterial overlay efforts. School Impact Fee Fund Revenue – $250,000 The increase is due to strong residential building activity. Expense – Increase of $250,000 – Represents the pass through to the Pasco School District. Marina Fund Revenue – Increase of $450,000 The increase in revenue is from the insurance payout from damage and subsequent rebuild of Dock A. This funding will replenish the funds fund balance, which is currently in the negative due to the timing of cash flow. Expense – Increase of $54,000 The increase in expense is due to damage to Dock B during the winter of 2018, as well as residual work on Dock A. Revolve Abatement Fund Revenue – $35,000 There is higher than expected revenue due to penalties recovery. Expense – Increase of $250,000 The proposed increase in expense is related to increased abatement activity. Park Development Fund Revenue – Increase of $425,000 This increase is due to strong building activity. Expense – Increase of $2,219,000 The proposed increase in expense is related to changes in schedules of various park capital projects. The largest of the impact is due to a proposed advance in schedule for the Community Park Page 40 of 136 Northwest land purchase at $1,400,000, and the paving of Boothe Fields Parking Lot (Little League Parking Lot) at $615,000. Historically, the City has accumulated fund balance to complete significant park projects like Community Park Northwest. Capital Improvement (Real Estate Excise Tax – REET) Fund Revenue – Increase of $1,200,000 The increased revenue is due to higher than expected property sales activity. Expense – Decrease of $469,000 The proposed decrease in expense is related to changes in schedules of various capital projects. The largest of the impact is due to a proposed removal of $1,444,000 in Animal Control Shelter funding (replaced with LTGO Bond proceeds). Furthermore, $550,000 is proposed to be refunded to the fund balance and be covered by Limited Tax General Obligation (LTGO) bond proceeds received by the General Fund. Local Improvement District Fund Revenue – Increase of $5,305,000 Due to the implementation of the Chapel Hill Extension Local Improvement District (LID) in 2019. This increase in revenue includes receipt of the bond proceeds needed to complete the project. Expense – Increase of $5,305,000 The proposed increase in expense is related to external costs related to the Chapel Hill Extension LID project. General Capital Improvement Fund Revenue – Decrease of $10,597,000 The General Capital Improvement Fund is set up to construct all capital projects for City’s Governmental funds (vs. Enterprise). All revenue from the City’s internal funds are transferred, as needed, during the project periods, as well as reimbursement from external entities like grants. This requested decrease is due to many factors, but mainly due to changes in project schedules. Expense – Decrease of $10,597,000 Expenses in this fund are reimbursed by various revenue streams, as discussed above. The City maintains a near zero fund balance at the end of the year. The reduction in expenses are related to the aforementioned factors impacting revenue. Utilities (Water, Sewer, Irrigation, Process Water Reuse Facility (PWRF), Stormwater) Fund Revenue – Increase of $1,440,000 The increase in revenue for utilities is mainly related to $2,000,000 in additional revenue from PWRF users for work related to the Bio-solids Disposal project. The proposed amendment also includes reduction of $794,000 in bond revenue that was not needed for this biennium. Expense – Increase of $2,766,000 The proposed increase in expense is related to changes in schedules of various capital projects throughout Water, Sewer, Irrigation, Process Water Reuse Facility (PWRF), and Stormwater services. Additionally, $2,000,000 in the Bio-Solids Disposal project was not initially planned in 2019-2020 Biennial budget. Equipment Replacement - Government Fund This fund reserves all funds needed for replacement of equipment belonging to the City’s Government funds (vs. Enterprise). The Biennial Budget includes yearly replacement charges collected from internal funds, as well as expenses in the form of equipment purchases. Page 41 of 136 Revenue – Increase of $101,000 The increase in revenue is due to interest earnings, as well as the proposed purchase of a piece of equipment that was incorrectly budgeted for purchase in the Non-Equipment Replacement fund. Expense – Decrease of $1,888,000 The proposed decrease in expense is mainly related to the proposed removal of $2,000,000 in inter-fund loan to the Stadium fund. The timing of the LTGO bond renders the inter-fund loan unnecessary. CONCLUSION Preparation of a two-year budget of just under half a billion dollars to fund a diverse array of operations and capital investments, in an environment as dynamic as a City, is itself a considerable undertaking. As mentioned in the introductory paragraphs, there are countless internal and external dynamics over the course of a two-year period in such an environment that invariably necessitate adjustments. I am pleased to report that the proposed Mid-Biennium Budget Adjustments are minor overall. In fact, the greatest financial impacts driving the need for the adjustment are attributable to projects where positive opportunities arose; e.g. Chapel Hill Boulevard LID, ‘A’ Street Sporting Complex, and the security and environmental enhancements to the City Hall Remodel Project, and Council authorized their execution fully aware of the budget impact and the need for a future adjustment. From that measure, the implementation of a biennial budget has been a success for the City of Pasco. Page 42 of 136 ORDINANCE NO.____ _________ AN ORDINANCE AMENDING THE 2019-2020 BIENNIAL BUDGET OF THE CITY OF PASCO BY PROVIDING SUPPLEMENT THERETO; BY APPROPRIATING REVENUE RECEIVED IN EXCESS OF ESTIMATED REVENUES FOR THE CURRENT BIENNIAL AND BY PROVIDING TRANSFERS AND ADJUSTMENT AUTHORITY. WHEREAS, staff has identified the need to make certain revisions to the 2019-2020 Biennial Budget originally adopted through Ordinance No. 4401 on December 3, 2018; and WHEREAS, a Public Hearing has been held subsequent to due notice, and the Cit y Council has after consideration, deemed the proposed Mid-Biennium adjustment to the Biennial Budget necessary and appropriate; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON DO ORDAIN AS FOLLOWS: §1. Pursuant to RCW 35A.34.130, the 2019-2020 Biennial Budget be and the same is hereby amended to provide for the following adjustments to beginning fund balances, revenues, transfers in, expenditures, transfers out and ending fund balances b y providing authority for any necessar y transfer of money within or between funds indicated. 2019-2020 2019-2020 Adopted Proposed Increase/ Fund Title Fund No Category Budget Amended Budget (Decrease) General Fund 010 Beginning Fund Balance 13,290,429 15,790,933 2,500,504 010 Revenue 119,744,935 126,657,185 6,912,250 010 Expenditures 119,032,673 125,464,823 6,432,150 010 End Fund Balance 14,002,691 16,983,295 2,980,604 City Street Fund 110 Beginning Fund Balance 3,092 (148,445) (151,537) 110 Revenue 5,450,306 5,708,306 258,000 110 Expenditures 5,303,218 5,553,218 250,000 110 End Fund Balance 150,180 6,643 (143,537) Page 43 of 136 Arterial Street Fund 120 Beginning Fund Balance 1,564,733 1,038,246 (526,487) 120 Revenue 1,097,694 1,097,694 - 120 Expenditures 1,998,336 1,440,636 (557,700) 120 End Fund Balance 664,091 695,304 31,213 I-182 Traffic Impact Fee Fund 125 Beginning Fund Balance 1,062,380 1,091,573 29,193 125 Revenue 510,000 510,000 - 125 Expenditures 170,584 371,584 201,000 125 End Fund Balance 1,401,796 1,229,989 (171,807) Street Overlay Fund 130 Beginning Fund Balance 4,327,688 4,483,074 155,386 130 Revenue 2,116,461 2,116,461 - 130 Expenditures 4,161,913 4,614,913 453,000 130 End Fund Balance 2,282,236 1,984,622 (297,614) Community Development Grant Fund 140 Beginning Fund Balance - 94,822 94,822 140 Revenue 1,806,424 1,806,424 - 140 Expenditures 1,806,424 1,806,424 - 140 End Fund Balance - 94,822 94,822 MLK Community Center Fund 145 Beginning Fund Balance 136,139 169,675 33,536 145 Revenue 236,216 236,216 - 145 Expenditures 283,928 302,928 19,000 145 End Fund Balance 88,427 102,963 14,536 Ambulance Services Fund 150 Beginning Fund Balance 1,228,550 (465,797) (1,694,347) 150 Revenue 16,615,404 16,615,404 - 150 Expenditures 17,258,545 17,433,017 174,472 150 End Fund Balance 585,409 (1,283,410) (1,868,819) City View Cemetery Fund 160 Beginning Fund Balance 40,011 69,526 29,515 Page 44 of 136 160 Revenue 518,200 518,200 - 160 Expenditures 549,096 561,900 12,804 160 End Fund Balance 9,115 25,826 16,711 Boulevard Maintenance Fund 161 Beginning Fund Balance 2,311,220 2,070,522 (240,698) 161 Revenue 363,263 363,263 - 161 Expenditures 293,564 293,564 - 161 End Fund Balance 2,380,919 2,140,221 (240,698) Athletic Program Fund 165 Beginning Fund Balance 234,778 268,164 33,386 165 Revenue 324,595 324,595 - 165 Expenditures 408,582 408,582 - 165 End Fund Balance 150,791 184,177 33,386 Golf Course Fund 166 Beginning Fund Balance 27,000 98,638 71,638 166 Revenue 3,718,000 3,718,000 - 166 Expenditures 3,592,382 3,667,382 75,000 166 End Fund Balance 152,618 149,256 (3,362) Senior Center Fund 170 Beginning Fund Balance 16,926 37,157 20,231 170 Revenue 592,716 592,716 - 170 Expenditures 590,495 605,032 14,537 170 End Fund Balance 19,147 24,841 5,694 Multi-Modal Facility Fund 180 Beginning Fund Balance 341,661 349,701 8,040 180 Revenue 382,252 382,252 - 180 Expenditures 435,573 458,805 23,232 180 End Fund Balance 288,340 273,148 (15,192) School Impact Fees Fund 182 Beginning Fund Balance - 310 310 182 Revenue 5,000,000 5,250,000 250,000 182 Expenditures 5,000,000 5,250,000 250,000 Page 45 of 136 182 End Fund Balance - 310 310 Pasco Marina Fund 185 Beginning Fund Balance 82,484 (294,608) (377,092) 185 Revenue 39,200 489,200 450,000 185 Expenditures 27,132 81,002 53,870 185 End Fund Balance 94,552 113,590 19,038 Lodging Fund 188 Beginning Fund Balance - 1,413 1,413 188 Revenue 650,500 650,500 - 188 Expenditures 650,500 650,500 - 188 End Fund Balance - 1,413 1,413 Litter Abatement Fund 189 Beginning Fund Balance 19,618 21,712 2,094 189 Revenue 35,100 35,100 - 189 Expenditures 30,238 30,238 - 189 End Fund Balance 24,480 26,574 2,094 Revolving Abatement Fund 190 Beginning Fund Balance 328,473 393,876 65,403 190 Revenue 372,000 407,000 35,000 190 Expenditures 550,318 800,318 250,000 190 End Fund Balance 150,155 558 (149,597) HAPO TRAC Fund 191 Beginning Fund Balance 465,228 521,177 55,949 191 Revenue 556,000 556,000 - 191 Expenditures 553,344 553,344 - 191 End Fund Balance 467,884 523,833 55,949 Park Development Fund 192 Beginning Fund Balance 2,196,028 2,219,436 23,408 192 Revenue 1,028,200 1,453,200 425,000 192 Expenditures 1,441,336 3,660,336 2,219,000 192 End Fund Balance 1,782,892 12,300 (1,770,592) Capital Improvement (REET) Fund 193 Beginning Fund Balance 7,042,960 8,853,212 1,810,252 Page 46 of 136 193 Revenue 3,660,000 4,860,000 1,200,000 193 Expenditures 8,228,527 7,759,527 (469,000) 193 End Fund Balance 2,474,433 5,953,685 3,479,252 Economic Development 194 Beginning Fund Balance 1,478,322 2,213,093 734,771 194 Revenue 2,743,200 2,743,200 - 194 Expenditures 2,073,087 2,273,087 200,000 194 End Fund Balance 2,148,435 2,683,206 534,771 Stadium/Convention Center 195 Beginning Fund Balance 445,254 626,924 181,670 195 Revenue 2,388,600 2,388,600 - 195 Expenditures 2,371,222 2,371,222 - 195 End Fund Balance 462,632 644,302 181,670 Hotel/Motel Excise tax 196 Beginning Fund Balance - - - 196 Revenue 1,251,000 1,251,000 - 196 Expenditures 1,212,244 1,212,244 - 196 End Fund Balance 38,756 38,756 - LID Guarantee 200 Beginning Fund Balance 338,678 339,481 803 200 Revenue 755,500 755,500 - 200 Expenditures - - - 200 End Fund Balance 1,094,178 1,094,981 803 LID Loans 244 Beginning Fund Balance 47,774 (65,988) (113,762) 244 Revenue 68,721 68,721 - 244 Expenditures 87,656 87,656 - 244 End Fund Balance 28,839 (84,923) (113,762) LID Bond 250 Beginning Fund Balance - - - 250 Revenue - 5,305,000 5,305,000 250 Expenditures - 5,305,000 5,305,000 Page 47 of 136 250 End Fund Balance - - - General Capital Improvement 367 Beginning Fund Balance - 100,698 100,698 367 Revenue 73,608,744 63,011,742 (10,597,002) 367 Expenditures 73,608,744 63,011,744 (10,597,000) 367 End Fund Balance - 100,696 100,696 Utilities 410 Beginning Fund Balance - Utility 22,737,575 26,589,628 3,852,053 410 Revenue - Utility 96,348,791 97,788,291 1,439,500 410 Expenditures - Utility 95,857,578 98,623,540 2,765,962 410 End Fund Balance - Utility 23,228,788 25,754,379 2,525,591 Water 411 Beginning Fund Balance 10,564,230 13,845,748 3,281,518 411 Revenue 25,872,316 25,078,316 (794,000) 411 Expenditures 26,699,520 28,100,974 1,401,454 411 End Fund Balance 9,737,026 10,823,090 1,086,064 Irrigation 420 Beginning Fund Balance 366,635 673,666 307,031 420 Revenue 4,091,977 4,101,977 10,000 420 Expenditures 4,226,206 4,296,789 70,583 420 End Fund Balance 232,406 478,854 246,448 Sewer 450 Beginning Fund Balance 7,783,967 7,942,660 158,693 450 Revenue 34,842,085 35,025,585 183,500 450 Expenditures 32,939,210 30,454,235 (2,484,975) 450 End Fund Balance 9,686,842 12,514,010 2,827,168 PWRF 460 Beginning Fund Balance 2,972,075 2,983,206 11,131 460 Revenue 27,419,604 29,449,604 2,030,000 460 Expenditures 28,027,694 31,512,194 3,484,500 460 End Fund Balance 2,363,985 920,616 (1,443,369) Page 48 of 136 Stormwater 470 Beginning Fund Balance 1,050,668 1,144,348 93,680 470 Revenue 4,122,809 4,132,809 10,000 470 Expenditures 3,964,948 4,259,348 294,400 470 End Fund Balance 1,208,529 1,017,809 (190,720) Equipment O&M Govt 510 Beginning Fund Balance 312,453 175,479 (136,974) 510 Revenue 3,172,665 3,194,254 21,589 510 Expenditures 3,184,428 3,312,359 127,931 510 End Fund Balance 300,690 57,374 (243,316) Equipment O&M Utility 511 Beginning Fund Balance 115,306 7,384 (107,922) 511 Revenue 275,932 291,973 16,041 511 Expenditures 391,238 299,357 (91,881) 511 End Fund Balance - - - Equipment Replacement Govt 515 Beginning Fund Balance 11,953,885 7,197,771 (4,756,114) 515 Revenue 2,966,352 3,067,192 100,840 515 Expenditures 3,304,346 1,416,132 (1,888,214) 515 End Fund Balance 11,615,891 8,848,831 (2,767,060) Equipment Replacement Utility 516 Beginning Fund Balance 5,045,599 3,804,442 (1,241,157) 516 Revenue 1,233,452 1,287,252 53,800 516 Expenditures 708,070 717,070 9,000 516 End Fund Balance 5,570,981 4,374,624 (1,196,357) Medical/Dental 521 Beginning Fund Balance 2,999,116 2,686,991 (312,125) 521 Revenue 14,044,524 14,044,524 - 521 Expenditures 12,055,660 12,091,268 35,608 521 End Fund Balance 4,987,980 4,640,247 (347,733) Central Stores 530 Beginning Fund Balance 13,080 13,209 129 Page 49 of 136 530 Revenue 110 110 - 530 Expenditures 1,000 1,000 - 530 End Fund Balance 12,190 12,319 129 Old Fire Pension 610 Beginning Fund Balance 2,755,894 2,563,050 (192,844) 610 Revenue 248,120 248,120 - 610 Expenditures 280,112 280,112 - 610 End Fund Balance 2,723,902 2,531,058 (192,844) Old Fire OPEB 619 Beginning Fund Balance 2,907,441 2,845,179 (62,262) 619 Revenue 114,000 114,000 - 619 Expenditures 332,536 332,536 - 619 End Fund Balance 2,688,905 2,626,643 (62,262) Cemetery Endowment 705 Beginning Fund Balance 532,848 531,234 (1,614) 705 Revenue 62,500 62,500 - 705 Expenditures - - - 705 End Fund Balance 595,348 593,734 (1,614) §2. That the additions in appropriations and expenditures are hereby declared to exist in the above funds for the said uses and purposes as shown above and the proper City officials are hereby authorized and directed to issue warrants and transfer funds in accordance with the provision of the Ordinance. §3. This Ordinance shall take effect five (5) days after passage and publication. Adopted by the City Council of the City of Pasco, this 2nd day of December, 2019. Matt Watkins, Mayor ATTEST: APPROVED AS TO FORM: Debby Barham, Cit y Clerk Eric Ferguson, City Attorne y Page 50 of 136 WHEREAS, staff has identified the need to make certain revisions to the 2019-2020 Capital Improvement budget originally adopted through Ordinance 4402 on December 3, 2018; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO DOES ORDAIN AS FOLLOWS: Section 1: That the capital projects are hereby authorized as detailed. The following schedule summarizes newly authorized projects as well as continuing projects and constitutes the Capital Projects Budget. SUPPLEMENTAL CAPITAL PROJECTS BUDGET FOR THE YEAR 2019-2020 Category Project Name Adopted 2019- 2020 Increase/Decre ase Ammended 2019- 2020 General 1st Avenue Center Phase 2 67,000 67,000 Animal Shelter 4,344,000 1,656,000 6,000,000 Boothe Fields Parking Lot 615,000 615,000 City Hall Remodel Phase 2 1,667,544 500,000 2,167,544 Community Center 3,150,000 -2,000,000 1,150,000 Dog Park 200,000 -200,000 0 Downtown Police Substation & Services Facility 50,000 50,000 Facilities Shop Remodel 20,000 20,000 Fire Station 81 Remodel/Alerting System 355,000 355,000 Fire Station 82 Remodel/Alerting System 845,000 845,000 Training Facility Bathroom Addition 300,000 300,000 Fire Station 83 Replacement 5,919,845 1,060,155 6,980,000 Fire Station 84 Replacement 12,630,155 -6,845,155 5,785,000 Fire Station 85 Addition 250,000 50,000 300,000 GESA Stadium Improvements 2,000,000 2,000,000 Wayfinding and Signage 415,000 415,000 General Total 30,981,544 -3,932,000 27,049,544 Irrigation Annual Irrigation System Improvements - Development 100,000 100,000 Annual Irrigation System Upsize - Development 100,000 100,000 Chapel Hill Boulevard Pressure Reduce Valve 90,000 90,000 Chapel Hill Boulevard Rd 68 to Rd 84 220,000 220,000 Chapel Hill Boulevard to I-182 100,000 100,000 Columbia River Intake Capacity Upgrades 150,000 79,000 229,000 Irrigation Total 560,000 279,000 839,000 Parks & RecreationA Street Sporting Complex Phase 1 1,040,000 -466,000 574,000 Chapel Hill Park 420,000 280,000 700,000 Community Park Northwest 1,400,000 1,400,000 Highland Park Multi-Use Building 200,000 200,000 Kurtzman Shelter 60,000 65,000 125,000 Memorial Pool Upgrades 500,000 -500,000 0 Parks & Facilities Sign Replacement 35,000 35,000 Pasco Sporting Complex 100,000 140,000 240,000 Peanuts Park Restoration 5,542,000 1,275,000 6,817,000 Road 54 Erwen Property 20,000 20,000 Road 84 Park 800,000 -320,000 480,000 Sacajawea Levee Lowering 100,000 131,000 231,000 Sacajawea Trail BNSF Crossing 1,650,000 -1,525,000 125,000 Schlagel Park and Boat Basin Improvements 720,000 -94,000 626,000 Sylvester Park Sporting Courts 160,000 160,000 Parks & Recreation Total 11,187,000 546,000 11,733,000 ORDINANCE NO _________ AN ORDINANCE ADOPTING THE CITY OF PASCO SUPPLEMENTAL CAPITAL PROJECTS BUDGET FOR THE 2019-2020 BIENNIUM. Page 51 of 136 PWRF PWRF Irrigation Pump Station Improvements 4,271,000 4,480,000 8,751,000 PWRF Primary Treatment Improvement 7,359,000 -6,059,000 1,300,000 Solids Handling Improvements 300,000 30,000 330,000 Columbia East Lift Station and Force Main 7,870,000 3,010,000 10,880,000 PWRF Total 19,800,000 1,461,000 21,261,000 Sewer 9th and WA Lift Station 731,000 20,000 751,000 Annual System Improvements - Development 200,000 200,000 Annual System Upsize - Development 200,000 200,000 Broadmoor Area Lift Station 3,500,000 -3,500,000 0 Harris Rd Trunk Main 2,500,000 2,500,000 Maitland Lift Station 132,000 11,000 143,000 Northwest Area Lift Station 250,000 250,000 Northwest Area Trunkline 3,171,500 3,171,500 Pearl Station Lift Station 890,000 379,000 1,269,000 River Outfall Phase I 6,464,000 -6,464,000 0 Road 36 Lift Station Upgrades 281,000 520,000 801,000 Road 52 and Pearl Street Lift Station 270,000 514,000 784,000 WWTP Improvements - Phase 1 0 2,500,000 2,500,000 WTP PLC and Controls Upgrade 855,000 855,000 Sewer Total 16,023,000 -2,598,500 13,424,500 Stormwater Annual Stormwater Improvements - Development 200,000 -100,000 100,000 Capital Stormwater Participation Program 200,000 -200,000 0 North Industrial Way Infiltration Retrofit Project 150,000 150,000 Stormwater Total 400,000 -150,000 250,000 Transportation20th Avenue Court Street to I-182 440,000 0 440,000 Annual Pavement Preservation Program 555,000 295,000 850,000 Sacajewea Overlay Project 385,000 -385,000 0 Residential Overlay Projects, 130 to 110 550,000 975,000 1,525,000 CDBG Overlay Projects, 130 to 110 344,500 0 344,500 Argent Road Improvements Ph I 20th Ave to Saraceno Way 3,255,200 -1,440,200 1,815,000 Argent Road Improvements Ph 2 Rd 36 Road Intersection 0 250,000 250,000 Burns Road Pedestrian/Bicycle Pathway Rd 100 to Rr 90 23,000 23,000 Burns Road Pedestrian/Bicycle Pathway Rd 84 to Rd 68 23,000 23,000 Burns Road Pedestrian/Bicycle Pathway Rd 90 to Rr 84 23,000 23,000 Chapel Hill Extension 10,103,000 -3,154,016 6,948,984 City Wide Traffic Signal Impr Phase 2 3,000,000 -1,053,000 1,947,000 Crescent Road 200,000 -200,000 0 Interstate 182 Access Evaluation - Phase 2 50,000 200,000 250,000 James Street Improvements 1,569,000 -1,089,000 480,000 Lewis Street Corridor 296,000 279,000 575,000 Lewis Street Overpass 16,447,000 -2,484,000 13,963,000 Oregon Ave Corridor Improvements Phase 1 1,746,032 1,746,032 Road 68 Interchange Improvement 67,000 -60,000 7,000 Road 68 Widening - Interstate 182 to Chapel Hill Blvd 216,000 92,000 308,000 Sandifur Parkway Widening 250,000 -225,000 25,000 Signage & Striping Imp Rd 68 & Burden 225,000 35,000 260,000 Wrigley Drive Extension 567,000 -269,000 298,000 Transportation Total 38,519,700 -6,418,184 32,101,516 Water Annual Water System Improvements - Development 200,000 -37,000 163,000 Annual Water System Upsize - Development 200,000 366,454 566,454 Butterfield WTP Chlorine Safety 325,000 -250,000 75,000 Columbia Water Supply 80,000 80,000 Emergency Power Improvements 250,000 250,000 Main Replacement - Alley East of Wehe Avenue 140,000 140,000 Page 52 of 136 Reservoir Storage Tank - Zone 3 750,000 750,000 Schuman Lane Waterline Extension 90,000 90,000 Transmission Main WPWTP Zone 3 500,000 500,000 Water Main Replacement - Maple Drive, AC Main (Road 100 to Road 103)250,000 250,000 Water Main Replacement - Star Lane 218,000 -218,000 0 Water Main Replacement - South 18th Avenue 73,000 -73,000 0 West Pasco Water Treatment Plant (WPWTP) Improvements 1,656,000 489,000 2,145,000 Water Total 2,812,000 2,197,454 5,009,454 Total Capital Budget 120,283,244 -8,615,230 111,668,014 Section 2: This Ordinance is approved at the program level as shown below and shall take effect five (5) days after passage and publication. Program Adopted 2019- 2020 Increase/Decre ase Ammended 2019- 2020 General 30,981,544 -3,932,000 27,049,544 Parks & Recreation 11,187,000 546,000 11,733,000 Transportation 38,519,700 -6,418,184 32,101,516 Water 2,812,000 2,197,454 5,009,454 Irrigation 560,000 279,000 839,000 Sewer 16,023,000 -2,598,500 13,424,500 Stormwater 400,000 -150,000 250,000 PWRF 19,800,000 1,461,000 21,261,000 Total Capital Budget 120,283,244 -8,615,230 111,668,014 PASSED by the City Council of the City of Pasco this 2nd day of December, 2019. Matt Watkins, Mayor ATTEST:APPROVED AS TO FORM: Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorney Page 53 of 136 AGENDA REPORT FOR: City Council November 26, 2019 TO: Dave Zabell, City Manager Regular Meeting: 12/2/19 FROM: Zach Ratkai, Director Administrative & Community Services SUBJECT: Amendments to PMC Title 6: Animal Control - Behavioral Testing Standards per Amended RCW I. REFERENCE(S): Proposed Ordinance II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to adopt Ordinance No. __________, amending PMC Sections 6.05.010 'Definition of terms'; 6.05.080 'Disposition of unclaimed animals'; 6.05.110 'Refusal 'Potentially 6.05.330 and quarantine'; 6.05.320 'Notice redeem'; to of dangerous and dangerous animals', and further, authorize publication by summary only. III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: The Washington State Legislature recently enacted a new statute, RCW 16.08.110, which addresses the requirements that cities and counties must meet in order to be able to enforce or enact breed-specific regulations. In situations where a change in State statutes are modified, staff and the City Attorney's office review applicable municipal code sections to assure continued compliance with the amended statue(s) in order to maintain the City's municipal code and recommend code revisions as appropriate, this is a case where minor revisions are necessary. The current provisions in the Pasco Municipal Code (PMC) Title 6 meet most of the requirements of the new statute; however, a few minor revisions of the City's regulations are necessary in order to maintain consistency with revised statutes prior to their effective date of January 1, 2020. The proposed substantive revisions relating to this ordinance will serve to slightly ease Page 54 of 136 current regulations by adding additional alternatives for pet owners to demonstrate compliance with the City's Title 6 code provisions and for frequency of testing. There are also some formatting revisions and one revision intended to clarify the operative code section in the event of a violation of Title 6.05.110 and 6.05.320(2). V. DISCUSSION: This item was discussed at the November 25 Council Workshop meeting. Staff recommends adoption of the proposed ordinance. Page 55 of 136 Page 1 ORDINANCE NO. ______ AN ORDINANCE of the City of Pasco, Washington, Amending Pasco Municipal Code Section 6.05.010 “Definition of terms”, Section 6.05.080 ”Disposition of unclaimed animals”, Section 6.05.110 “Refusal to redeem”, Section 6.05.320 “Notice of quarantine”, and Section 6.05.330 “Potentially dangerous and dangerous animals” WHEREAS, with a review of the provisions of the Animal Control Sections of the Pasco Municipal Code, including consideration of the provisions of the newly enacted RCW 16.08.110, it is appropriate to amend and update certain sections of Chapter 6.05 PMC. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1.That Section 6.05.010, entitled “Definition terms” of the Pasco Municipal Code, shall be and hereby is amended to read as follows: 6.05.010 Definition of terms. As used in this chapter, unless the context indicates otherwise: “Abandon” means the knowing or reckless desertion of an animal by its owner or the causing of the animal to be deserted by its owner, in any place, without making provisions for the animal’s adequate care. An animal left without adequate care for three or more days shall be prima facie evidence that the animal has been abandoned. “Animal” includes, but is not limited to dogs and cats. “Animal Control Authority” means the joint power authority formed by interlocal agreement of the cities of Richland, Pasco and Kennewick, to implement and provide animal control and sheltering services within the respective cities. “Animal Control Officer” refers to that person employed by or under contract to the City Animal Control Authority to enforce the provisions of this title. “At Heel” A dog shall be deemed to be “at heel” during such times as means that the dog is positioned and controlled in such a manner so as to remain within a distance of two feet from its owner or other competent person having charge of such dog. “At large” means off the premises of the owner or upon the public streets, alleys, public grounds, school grounds or parks within the City. A dog shall not be deemed at large if: Page 56 of 136 Page 2 (a) It is attached to a leash or chain of sufficient strength to restrain the dog and not more than eight feet in length, when said leash or chain is held by a person competent to restrain and control the dog off the owner’s premises; (b) It is properly restrained within a motor vehicle or housed in a veterinary hospital; (c) It is accompanied by and at heel beside the owner or a competent responsible person; (d) The dog or dogs are left unattended on the owner’s premises, and it or they shall be so confined, tied or restrained as to be unable to range beyond the owner’s premises. “Cat” means and includes female, neutered spayed female, male and neutered male cats. “Commercial kennel” means any lot, premises, building or structure where four or more dogs or four or more cats over six months of age are kept. “Competent person” means any person who, by reason of age, physical ability, and training, is capable of maintaining control of an animal to the extent required by this chapter. “Dangerous animal” means any animal that (a) has inflicted severe injury on a human being without provocation, (b) has killed a domestic or livestock animal without provocation, or (c) has been previously found to be potentially dangerous, the owner having received notice of such and the animal again aggressively bites, attacks, or endangers the safety of humans or domestic animals. “Dog” means and includes female, neutered spayed female, male and neutered male dogs. For the purpose hereof, "dog" means a domesticated member of the family canidae, specifically species Canus lupus familiaris, and excludes nondomesticated members of the family canidae and any hybrids thereof, including but not limited to wolves, coyotes, wolf-dog hybrids, and coyote-dog hybrids. “Domestic animal” means a tame animal in the house or home, or on the property, living with or used by people for companionship, work, and/or a food source. “Health Officer” includes any person designated as such by the Benton-Franklin district health office, or any other person designated as such by the City Council. “Livestock” includes, but is not limited to, horses, mules, cattle, sheep, swine, goats and fowl kept or raised on a farm, ranch, or other spread of land, which are raised for home use, profit, or hobby. “Owner” means any person, firm, corporation, organization, or department possessing, harboring, keeping, having an interest in, or having control or custody of an animal for three consecutive days or more. An animal is deemed to be harbored if it is fed or sheltered for three consecutive days or more and knowingly permitted to remain on the premises occupied by that Page 57 of 136 Page 3 person. If the owner of the animal is a juvenile, a parent or other custodian of such juvenile shall for the purposes of this chapter be treated as the owner of the animal. “Person” includes any person, firm, organization, partnership, corporation, trust or association of persons. “Potentially dangerous animal” means any animal that when unprovoked: (a) inflicts injury on a human or a domestic animal or livestock, or (b) chases or approaches a person upon the streets, sidewalks, any public grounds, or upon private property other than that of the animal’s owner, in a menacing fashion or apparent attitude of attack, or (c) has a known propensity, tendency, or disposition to attack, or to cause injury or otherwise to threaten the safety of humans or domestic animals, or (d) is a Pit Bull Terrier, which means any American Pit Bull Terrier, Staffordshire Bull Terrier or American Staffordshire Terrier breed of dog or any mixed breed of dog that contains as an element of its breeding the breed of American Pit Bull Terrier, Staffordshire Bull Terrier, or American Staffordshire Terrier so as to be identifiable as partially of the breed American Pit Bull Terrier, Staffordshire Bull Terrier, or American Staffordshire Terrier. “Poundmaster” means the chief officer appointed by the Animal Control Authority for the enforcement of animal control laws and regulations. The Poundmaster may include or employ Animal Control Officer(s) and/or a Chief Animal Control Officer. “Proper enclosure” means, while on the owner’s property, a dangerous or potentially dangerous animal shall be securely confined indoors or in an outside enclosed and locked pen or structure, resistant to tunneling, suitable to prevent the entry of young children and designed to prevent the animal from escaping. Such pen or structure shall have secure sides not less than five feet high and a secure top, and shall provide protection from the elements for the animal. The requirement for a secure top on the enclosure may be waived by the Poundmaster upon showing that it is unnecessary. This section shall not apply to guard dogs or watchdogs utilized to secure premises enclosed by a fence or wall, not less than five feet high and resistant to tunneling, located within an industrial or commercial zone, and engaged in a commercial business. “Severe injury” means any physical injury that results in death, broken bones or disfiguring lacerations requiring one or more sutures or cosmetic surgery. “Veterinary hospital” means a public establishment regularly maintained and operated by a licensed veterinarian for the diagnosis and treatment of disease and injuries of animals. “Welfare check” means tending to the well-being of an animal. Whenever a type or breed of animal is described in this chapter, it includes any hybrid, crossbreed or mixed breed of such animal to any degree that the type or breed can be identified by either the animal’s appearance, behavior or pedigree. Whenever a power is granted to, or a duty is imposed upon, the Poundmaster or Chief Animal Control Officer or other public officer, the power may be exercised or the duty performed by an Page 58 of 136 Page 4 agent of the officer or by any person duly authorized unless this chapter expressly provides otherwise. All other words and phrases used in this chapter will have their commonly accepted meanings. [Ord. 3870, 2008; Ord. 3756 § 1, 2006; Ord. 3723 § 1, 2005; Ord. 3714 § 1, 2005; Ord. 3326 § 1, 1998; Code 1970 § 8.02.010.] Section 2.That Section 6.05.080, entitled “Disposition of unclaimed animals” of the Pasco Municipal Code, shall be and hereby is amended to read as follows: 6.05.080 Disposition of unclaimed animals. If, (1) An unlicensed cat or cat whose owner cannot be identified by means of an identicode or other identification implant, is not claimed and redeemed by its owner within 48 hours; or (2) A cat or other animal that is licensed or its owner is identifiable by means of an identicode or other informational implant is not claimed and redeemed by its owner within 72 hours, the Poundmaster, at his their discretion, may place the animal up for adoption, sell the animal or humanely destroy the animal. For purposes of determining whether the 72 hours has expired, the following methods shall be used: (a) if the owner is notified by telephone, time begins when telephone contact was made with the owner by the Poundmaster; (b) if the owner is mailed notice by certified and regular mail, time begins when the notice was mailed; and (c) if notice was posted because the owner of the animal could not be readily determined by the Poundmaster, time begins when the Poundmaster posted the notice at the animal control agency in a conspicuous location. [Ord. 3824, 2007; Ord. 3326 § 1, 1998; Code 1970 § 8.02.100.] Section 3.That Section 6.05.110, entitled “Refusal to redeem” of the Pasco Municipal Code, shall be and hereby is amended to read as follows: 6.05.110 Refusal to redeem. (1) It is unlawful for any person to knowingly refuse to redeem an impounded animal or to obtain an animal from the Poundmaster or return it to an owner without first paying all impound fees. Any person in violation of this section shall be guilty of an infractionA violation of this section shall constitute a class 1 civil infraction per PMC 1.05.080, and the violator shall be subject to the penalties assessed therefor. (2) Repeated Failure to DedeemRedeem. Any person who knowingly refuses to redeem an impounded animal or to obtain an animal from the Poundmaster or return it to an owner without first paying all impound fees, more than two times within a 24-month period, shall be guilty of a misdemeanor. [Ord. 4261, 2016; Code 1970 § 8.02.135.] Section 4.That Section 6.05.320, entitled “Notice of quarantine” of the Pasco Municipal Code, shall be and hereby is amended to read as follows: Page 59 of 136 Page 5 6.05.320 Notice of quarantine. (1) Any quarantine of an animal shall be initiated by delivering to the owner or keeper of any such animal a written notice of such quarantine which shall prescribe the duration of the same; provided, that the period of said quarantine shall not exceed 10 days unless it shall be determined that the existence of such disease is present. The delivery of the notice of quarantine to an adult residing upon the premises where such animal is kept shall be considered as delivery of the notice to the owner or keeper. Any such animal so quarantined shall be impounded; provided, that, in the discretion of the Health Officer, said animal may be quarantined upon the premises of the owner or any other person during such time as the provisions of the quarantine are strictly kept. (2) During the period of any quarantine made under the provisions of this chapter, the owner or keeper of any animal so quarantined shall not allow said animal to come in contact with any other animal or person or permit such animal to run at large on any street or public place in the City or upon the premises where quarantined unless said premises be enclosed by a secure fence, nor shall such owner or keeper remove or cause such animal to be removed from said premises without the consent of the Health Officer. Any person in violation of this subsection shall be guilty of a A violation of this section shall constitute a class 1 civil infraction per PMC 1.05.080, and the violator shall be subject to the penalties assessed therefor. These restrictions shall continue until said animal shall have been released from quarantine. Any animal found running at large as defined in PMC 6.05.010, or which has been removed from the premises upon which quarantined, shall be impounded and, unless claimed and redeemed by its owner within two days after the expiration of quarantine period, may be destroyed by the proper authorities. (3) Whenever any outbreak of rabies occurs, or when rabies has been diagnosed or a rabid dog or animal has been present in the City, it is unlawful for any owner, keeper or handler of an animal to keep or harbor the same within the City limits after the last publication of the notice provided for in subsection (5) of this section, and during the period in said notice prescribed, unless such dog or animal be securely confined at all times by leash or kept in a tight enclosure from which such animal cannot escape. Any animal found running at large in the City during said period shall be impounded and, unless claimed and redeemed by its owner within two days after such impounding, may be destroyed by the proper authorities. Any health or police officer may destroy any animal found running at large within the limits of the City during said period when, after reasonable effort, he any health or police officer shall be unable to impound said animal or after reasonable investigation shall be unable to locate the owner or keeper thereof. (4) Any animal that has been bitten by a rabid animal mustshould be destroyed. If the owner is unwilling to have this done, the animal (dog or cat only) shouldshall be vaccinated and placed in strict isolation for six months or longer. If the animal has been previously vaccinated with an approved vaccine within the time limit approved for such vaccine, revaccination and restraint for 90 days shall be carried out. Page 60 of 136 Page 6 (5) Upon any outbreak of rabies, or when rabies has been diagnosed within the City limits, or a rabid dog or animal has been found present, and when, in the judgment of the Health Officer, there is imminent danger of the spread of the disease, such officer shall publish a notice to that effect in the official newspaper of the City for three successive days, and for six weeks after the last publication of said notice the provisions of PMC 6.05.090 shall be applicable; provided, that the Health Officer shall have authority, when in his judgment an extension of said six weeks’ time is necessary to carry into effect the purpose of this chapter, to extend the said six-week period for an additional six weeks or such lesser time as he shall deem necessary by notice given in the manner provided for in this section and to further thereafter and in the same manner continue said six-week or lesser period until, in histhe Health Officer’s judgment, the said strict quarantine herein provided for shall be unnecessary. [Ord. 3326 § 1, 1998; Code 1970 § 8.02.310.] Section 5.That Section 6.05.330, entitled “Potentially dangerous and dangerous animals” of the Pasco Municipal Code, shall be and hereby is amended to read as follows: 6.05.330 Potentially dangerous and dangerous animals. (1) Declaration. The Poundmaster has the authority to declare an animal potentially dangerous or dangerous and require such animal to have a permit in accordance with this section. The Poundmaster may declare an animal potentially dangerous or dangerous if hethe Poundmaster has probable cause to believe that the animal falls within the definitions set forth in PMC 6.05.010. If the owner of such animal can be readily determined, the Poundmaster shall notify the owner personally or by certified mail of the declaration. If, however, the owner of such animal cannot be readily determined, notification shall be waived. (2) Impoundment. No person shall have, keep or maintain a potentially dangerous or dangerous animal without first obtaining a permit from the Poundmaster. Any animal meeting this definition and found at large without a permit will be impounded immediately at the expense of the owner. If the owner of such animal can be readily determined, the Poundmaster shall notify the owner personally or by certified or regular mail of the impoundment. If, however, the owner of such animal cannot be readily determined, notification shall be by posting at the animal control agency as provided in PMC 6.05.080. (3) Appeal. Any owner of an animal subject to this section may appeal the determination of the Poundmaster to the Hearing Examiner for determination provided the appeal is made in writing and filed with the City Clerk within 10 days of the Poundmaster’s determination. The hearing shall be scheduled within seven days of the date of service of such notice and the decision of the Poundmaster shall be stayed and any impoundment shall continue, at the cost of the owner, pending the appeal. (a) If the Hearing Examiner finds insufficient evidence to support the declaration, the declaration shall be rescinded and the restrictions imposed thereby annulled. All impound fees are the responsibility of the owner of the animal; no animal impound expense and fee(s) shall be assessed against the City of Pasco or the Animal Control Authority or officer. Page 61 of 136 Page 7 (b) If the Hearing Examiner finds sufficient evidence to support the declaration, he/she shall impose restitution if applicable, and may impose reasonable additional restrictions on the animal. (c) Decisions of the Hearing Examiner shall be final and conclusive unless a timely appeal is filed with the Superior Court of Franklin County by an aggrieved party within 21 calendar days from the date of issuance of the decision and any impoundment shall continue, at the cost of the owner, pending the appeal. (4) Redemption or Destruction of Animal. An animal impounded under this section shall be returned to its owner if he compliesthey comply with PMC 6.05.330(5) and 6.05.070 within 72 hours of after notification of impoundment. If, however, the owner of the impounded animal under this section does not comply with PMC 6.05.330(5) and 6.05.070 within 72 hours after notification of impounding, such animal shall be destroyed in an expeditious and humane manner. For purposes of determining whether the 72 hours have expired, the following methods shall be used: (a) if the owner is personally served by the Poundmaster, time begins when the owner was personally served; (b) if the owner is mailed notice by certified and regular mail, time begins when the notice was mailed; and (c) if the owner of such animal could not be readily determined by the Poundmaster, notice shall be by posting as provided by PMC 6.05.080 and the time begins at posting as provided by PMC 6.05.080. EXCEPTION: Upon execution of declaration of removal by the owner or authorized representative of the owner of the animal and payment of applicable fees including impound fees, the animal may be released by the Poundmaster into the custody of the owner or authorized representative of the owner for the immediate and permanent removal of the animal from Pascothe City. (5) Permit Required. No person shall have, keep or maintain any potentially dangerous or dangerous animal without first obtaining an annual permit from the Poundmaster. The fee for such a permit shall be in addition to the regular annual license fee. A permit will only be granted if the applicant has provided and maintains: (a) a proper enclosure to properly and safely confine the animal as determined by the Poundmaster, (b) a conspicuously posted sign on the premises which clearly warns the public and children that there is a potentially dangerous or dangerous animal on the property, (c) $250,000 surety bond issued by a surety insurer qualified under Chapter 48.28 RCW in a form acceptable to the Poundmaster payable to any person injured by the potentially dangerous or dangerous animal; or liability insurance, such as homeowner’s insurance, issued by an insurer qualified under RCW Title 48 in the amount of not less than $250,000 with maximum deductible coverage not to exceed $2,500, in a form requiring notice to the City of cancellation or nonrenewal of such policy not less than 30 days prior to its date of cancellation or expiration, insuring the owner for any personal injuries or property damage inflicted by the animal and (d) proof that all surrounding property owners and occupants have been notified and given an opportunity to comment on the confinement plans. (6) Exemption from Permit Requirement. An animal that is classified as “potentially dangerous” under the provisions of PMC 6.05.010 may be exempted from the permit requirements of subsection (5) of this section, provided such animal has passed the Canine Good Citizen (CGC) test of the American Kennel Club (AKC), as administered by the Poundmaster or Page 62 of 136 Page 8 the Animal Control Authority or a reasonably equivalent canine behavioral test as determined by the City, and received the appropriate certificate from AKC or equivalent approved testing agency. Animals that pass the AKC CGC test or approved equivalent canine behavioral test are exempt from breed-based regulations for a period of at least two years. Such animal shall be retested and passed at least once every two years in order to maintain this exemption. Animals that fail the AKC CGC test or approved equivalent canine behavioral test shall be given the opportunity to retest within a reasonable period of time, as determined by the City. (7) Control and Confinement. A dangerous and potentially dangerous animal must be muzzled and securely leashed, restrained and under the control of a person physically able to control the animal when away from the property of the owner or keeper; or, while on the property of the owner, must be securely confined within a “proper enclosure” as defined in PMC 6.05.010 made of materials strong enough to adequately and humanely confine the dog in a manner which prevents it from escaping the property and to prevent the entry of young children and kept in conformance with the requirements of subsection (5) of this section. (8) Violations and Regulation. Any person violating the provisions of this section shall be guilty of a gross misdemeanor. No person, being the owner of any potentially dangerous or dangerous animal, shall keep, harbor or maintain the same on or off histheir premises in a manner endangering or likely to endanger the safety of persons, property or other animals nor shall hethey allow the same to run at large within the City. It shall be a defense to any charge under this section involving an alleged potentially dangerous or dangerous animal that the person endangered was committing, was about to commit or had just committed a trespass or crime and that the animal’s reaction was a natural result thereof. The Animal Control AgencyPoundmaster may petition the Pasco Code Enforcement Board to determine whether an animal should be destroyed. [Ord. 3870, 2008; Ord. 3756 § 2, 2006; Ord. 3714 § 2, 2005; Ord. 3439 § 1, 2000; Ord. 3385 § 1, 1999; Ord. 3326 § 1, 1998; Code 1970 § 8.02.320.] Section 6.That Section 6.05.370, entitled “Penalty provisions” of the Pasco Municipal Code, shall be and hereby is amended to read as follows: 6.05.370 Penalty provisions. (1) Any person violating any provision of this chapter, except PMC 6.05.100, 6.05.110(2), 6.05.150 and 6.05.330, is guilty of an infraction. Unless matters in aggravation warrant a greater civil penalty, each violation shall be subject to a minimum penalty as set forth in Chapter 3.35 PMC, plus all costs and assessments for the following respective violations: (a) First violation within five years. (b) Second violation within five years. (c) Third violation within five years. (d) Four or more violations within five years. Page 63 of 136 Page 9 (2) Each person is guilty of a separate offense for each and every day during any portion of which any violation of the provisions of this chapter is committed, continued or permitted by any such person and shall be punished accordingly. (3) Court costs shall be assessed in addition to any other fine, penalty, cost or statutory assessment imposed. [Ord. 4261, 2016; Ord. 3870, 2008; Ord. 3544 § 1, 2002; Ord. 3534 § 1, 2002; Ord. 3326 § 1, 1998; Code 1970 § 8.02.360.] Section 7.This Ordinance shall take effect and be in force five days from and after its passage, approval and publication as provided by law. PASSED by the City Council of the City of Pasco, Washington, and approved as provided by law this ____ day of _______________, 2019. _____________________________ Matt Watkins, Mayor ATTEST: APPROVED AS TO FORM: ______________________________ ____________________________________ Debra Barham, CMC Eric W. Ferguson City Clerk City Attorney Page 64 of 136 AGENDA REPORT FOR: City Council November 25, 2019 TO: Dave Zabell, City Manager Rick White, Director Community & Economic Development Regular Meeting: 12/2/19 FROM: Jeff Adams, Associate Planner Community & Economic Development SUBJECT: Q* Iniguez Rezone (Z 2019-011) I. REFERENCE(S): Proposed Ordinance Report to Hearing Examiner Dated: 11/13/2019 Hearing Examiner Recommendation II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to adopt Ordinance No. _____, rezoning two parcels located at the northeast corner of East Alvina Street and North Franklin Avenue from R-1 to R-3, and further, authorize publication by summary only. III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: On November 13, 2019, the Hearing Examiner held a public hearing to consider a request to rezone two parcels comprising of approximately 0.2445 acres located at the northeast corner of East Alvina Street and North Franklin Avenue (APN #112 072 132 and #112 072 123), from R-1 (Low Density Residential) to R-3 (Medium Density Residential). Following the conduct of the public hearing, the Hearing Examiner recommended approval of the applicant's request for a rezone from R-1 (Low Density Residential) to R-3 (Medium Density Residential). Page 65 of 136 V. DISCUSSION: The Comprehensive Plan Land Use designation for the property is Mixed Residential. Under the current Comprehensive Plan Land Use designations of Mixed Residential the property may be zoned R-S-20, R-S-12, R-S-1, R-1 through R-4. The Mixed Residential designation includes “Single-family dwellings, patio homes, townhouses, apartments and condominiums at a density of 5-20 dwelling units per acre.” The proposed request would allow the applicant to combine the two lots and construct a duplex or triplex (depending on the final site layout). Page 66 of 136 FILED FOR RECORD AT REQUEST OF: City of Pasco, Washington WHEN RECORDED RETURN TO: City of Pasco, Washington Attn: City Clerk 525 North 3rd Avenue Pasco, WA 99301 ____________________________________________________________________________ ORDINANCE NO. _______ AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON, REZONING TWO PARCELS LOCATED AT THE NORTHEAST CORNER OF EAST ALVINA STREET AND NORTH FRANKLIN AVENUE (APN #112 072 132 AND #112 072 123), FROM R-1 (LOW DENSITY RESIDENTIAL) TO R-3 (MEDIUM DENSITY RESIDENTIAL) WHEREAS, a complete and adequate petition for change of zoning classification has been received and an open record hearing having been conducted by the Pasco Hearing Examiner upon such petition; and WHEREAS, that the effect of the requested change in zoning classification shall not be materially detrimental to the immediate vicinity; and WHEREAS, based upon substantial evidence and demonstration of the Petitioner, that: (A) the requested change for the zoning classification is consistent with the adopted Comprehensive Plan; (B) the requested change in zoning classification is consistent with or promotes the goals and objectives of the Comprehensive Plan serving the general public interest in the community; and (C) there has been a change in the neighborhood or community needs or circumstances warranting the requested change of the zoning classification; and (D) the Hearing Examiner developed findings which are hereby adopted by the City Council. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. That the Zoning Ordinance for the City of Pasco, Washington, and the Zoning Map, accompanying and being part of said Ordinance shall be and hereby is changed from R-1 (Low Density Residential) to R-3 (Medium Density Residential) for the real property as shown in the Exhibit “1” attached hereto and described as follows: Page 67 of 136 Lot 1 Block 2, Whitehouse Addition, Together with 10’ of Vacated Alvina Street and 10’ of Vacated Alley (APN # 112 072 132); and Lot 2 and the South ½ of Lot 3 Block 2, Whitehouse Addition, Together with the Vacated Alley Adjacent (APN #112 072 123). Section 2. This Ordinance shall take full force and effect five (5) days after approval, passage and publication as required by law. PASSED by the City Council of the City of Pasco, this ______ day of December, 2019. Matt Watkins Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorney Page 68 of 136 Page 69 of 136                                               PUBLIC HEARING                                                City Hall – 525 North Third Avenue – Council Chambers                                                DATE: WEDNESDAY, November 13, 2019                                                6:00 PM      1 MASTER FILE #: Z 2019‐011    APPLICANT: Salvador Iniguez   1415 E Alvina Street    Pasco WA 99301    REQUEST:     REZONE: Rezone two parcels on East Alvina Street from R‐1  (Low Density Residential) to R‐3 (Medium Density Residential).    BACKGROUND  1. PROPERTY DESCRIPTION:   Legals:    Lot 1 Block 2, Whitehouse Addition, Together with 10’ of Vacated Alvina Street and 10’ of Vacated  Alley (APN # 112 072 132).  Lot 2 and the South ½ of Lot 3 Block 2, Whitehouse Addition, Together with the Vacated Alley  Adjacent. (APN #112 072 123).  General Location: The northeast corner of East Alvina Street and North Franklin Avenue, Pasco  WA 99301  Property Size:    Lot APN Sq Ft Acres  1 112072132 5,032.65 0.1155  2 112072123 5,616.92 0.1289  Total   10,649.57 0.2445  2. ACCESS:  Both parcels have access from North Franklin Avenue; Parcel 112 072 132 also has access  from East Alvina Street.  3. UTILITIES: Water service is available from both East Alvina Street and North Franklin Avenue;  sewer service is available along the east property lines of both lots.  4. LAND USE AND ZONING:  The lot is occupied by a lean‐to shed, and is zoned RS‐20 (Residential  Suburban). Surrounding properties are zoned and developed as follows:  NORTH:  R‐1  SFDU  EAST:  R‐3  SFDUs  SOUTH:  R‐1  Vacant  WEST:    C‐3  Vacant  5. Comprehensive Plan: The Comprehensive Plan Land Use designation for the property is Mixed  Residential. Under the current Comprehensive Plan Land Use designations of Mixed Residential  the property may be zoned R‐S‐20, R‐S‐12, R‐S‐1, R‐1 through R‐4. The Mixed Residential  Page 70 of 136 2 designation includes “Single‐family dwellings, patio homes, townhouses, apartments and  condominiums at a density of 5‐20 dwelling units per acre.” The criteria for allocation under the  future land use section of Volume II of the Comprehensive Plan (Vol. II, page 17) encourages  development of lands designated for Mixed Residential uses when or where sewer is available; a  market demand; location convenient to major circulation routes; transition areas between more  intense uses and low‐density uses. Policy H‐1‐E encourages the advancement of home ownership,  and Goal H‐2 suggests the City strive to maintain a variety of housing options for residents of the  community. Goal LU‐2 encourages the maintenance of established neighborhoods and the  creation of new neighborhoods that are safe and enjoyable places to live.  6. ENVIRONMENTAL DETERMINATION:  The City of Pasco is the lead agency for this project.  An  environmental determination will be made after the public hearing for this project. Based on the  SEPA checklist, the adopted City Comprehensive Plan, City development regulations, and other  information, a threshold determination resulting in a Determination of Non‐Significance (DNS)  was issued for this project on August 15, 2019 under WAC 197‐11‐158.    ANALYSIS  Applicant is seeking to rezone the parcel located at the northeast corner of East Alvina Street and North  Franklin Avenue from R‐1 (Low Density Residential) to R‐3 (Medium Density Residential) in anticipation of  joining the lots and building either a duplex or a triplex on the lot, within a 6‐12 month timeframe.  The site is located at the northeast corner of East Alvina Street and North Franklin Avenue and contains  10,649.57 square feet or 0.2445 acres.   The site was annexed into the City in 1913 as part of the AM Wehe’s Whitehouse Addition as a residential  plat. The site and surrounding properties are currently zoned as follows: to the north: R‐1; to the east: R‐ 3; to the south R‐1; west C‐3. The site is vacant, as are properties to the south and west. The property  directly to the north contains one SFDU built in 1930; properties to the east have recently been developed  with Habitat for Humanity SFDUs.  The Comprehensive Plan designates the property ”Mixed Residential,” which allows for R‐S‐20  (Suburban), R‐S‐12 (Suburban), R‐S‐1 (Suburban), R‐1 (Low‐Density Residential), R‐2, (Medium Density  Residential), R‐3 (Medium Density Residential) or R‐4 (High Density Residential) zoning. The Mixed  Residential designation includes “Single‐family dwellings, patio homes, townhouses, apartments and  condominiums at a density of 5‐20 dwelling units per acre.”   Staff has recommended the parcel be rezoned to R‐3 (Medium Density Residential), which would allow  for residential development concurrent with the Comprehensive Plan “Mixed Residential” Land Use  designation.     Rezone Criteria  The initial review criteria for considering a rezone application are explained in PMC. 25.88.030. The criteria  are listed below as follows:  1. The date the existing zone became effective:  The site was part of a residential plat introduced in 1913; the current zoning classification has been in place  since at least the 1970s, and likely since at least the introduction of the zoning code in 1963.  Page 71 of 136 3 2. The changed conditions, which are alleged to warrant other or additional zoning:  Applicant is seeking subdivide the land for future sale/residential development. Property to the east and  in the general vicinity has recently been subdivided and developed with single‐family units. The City is  revising its Urban Growth Area (UGA) as part of the Comprehensive Plan Update. The UGA update will  likely be smaller than current projections for low‐density residential growth as developed in the past would  allow; as such, smaller lots and higher densities are currently being recommended for better utilization of  the land within the UGA.  3. Facts to justify the change on the basis of advancing the public health, safety and general welfare:  The Comprehensive Plan designates the property ”Mixed Residential,” which allows for R‐S‐20 (Suburban),  R‐S‐12 (Suburban), R‐S‐1 (Suburban), R‐1 (Low‐Density Residential), R‐2, (Medium Density Residential), R‐ 3 (Medium Density Residential) or R‐4 (High Density Residential) zoning. The Mixed Residential designation  includes “Single‐family dwellings, patio homes, townhouses, apartments and condominiums at a density  of 5‐20 dwelling units per acre.”  4. The effect it will have on the value and character of the adjacent property and the Comprehensive  Plan:  A change in zoning classification may ultimately result in the development of a residential multi‐family  unit. The Comprehensive Plan allows for ”Mixed Residential,” zoning, described as R‐S‐20 (Suburban), R‐S‐ 12 (Suburban), R‐S‐1 (Suburban), R‐1 (Low‐Density Residential), R‐2, (Medium Density Residential), R‐3  (Medium Density Residential) or R‐4 (High Density Residential) zoning. The Mixed Residential designation  includes “Single‐family dwellings, patio homes, townhouses, apartments and condominiums at a density  of 5‐20 dwelling units per acre.”  5. The effect on the property owner or owners if the request is not granted:  If the property is not rezoned to R‐3 the lots may be developed at a lower density or remain undeveloped.    STAFF FINDINGS OF FACT  Findings of fact must be entered from the record. The following are initial findings drawn from the  background and analysis section of the staff report. The Planning Commission may add additional findings  to this listing as the result of factual testimony and evidence submitted during the open record hearing.  1. Public notice of this hearing was sent to property owners within 300 feet of the property and  posted in the Tri‐City Herald on October 26, 2019.  2. Applicant is seeking to rezone two parcels located at the northeast corner of East Alvina Street  and North Franklin Avenue from R‐1 (Low Density Residential) to R‐3 (Medium Density  Residential).  3. Applicant anticipates joining the lots into a single tax parcel.  4. Applicant is planning on building either a duplex or a triplex on the lot.  5. Applicant is prepared to commence building within 6‐12 months.  6. The site is located at the northeast corner of East Alvina Street and North Franklin Avenue.  7. The site contains 10,649.57 square feet (0.2445 acres).   8. The site was annexed into the City in 1913 as part of the AM Wehe’s Whitehouse Addition.  9. The site was originally  platted as a residential subdivision.   10. The site and surrounding properties are currently zoned as follows:   a. North: R‐1  b. East: R‐3  Page 72 of 136 4 c. South R‐1  d. West C‐3  11. The site is vacant  12. Properties to the south and west of the site are vacant.   13. The property directly to the north contains one SFDU built in 1930;   14. Properties to the east have recently been developed with Habitat for Humanity SFDUs.  15. The Comprehensive Plan designates the property ”Mixed Residential.”   16. The Comprehensive Plan Mixed Residential designation allows for R‐S‐20, R‐S‐12, R‐S‐1, R‐1, R‐2,  R‐3, or R‐4 zoning.   17. The Comprehensive Plan Mixed Residential designation includes “Single‐family dwellings, patio  homes, townhouses, apartments and condominiums at a density of 5‐20 dwelling units per  acre.”    TENTATIVE CONCLUSIONS BASED ON INITIAL STAFF FINDINGS OF FACT  Before recommending approval or denial of a rezone, the Planning Commission must develop findings of  fact from which to draw its conclusions based upon the criteria listed in PMC 25.210.060.  The criteria are  as follows:  1. The proposal is in accordance with the goals and policies of the Comprehensive Plan.   The proposal is in accordance with the Comprehensive plan; under the current Comprehensive Plan The  Comprehensive Plan designates the property ”Mixed Residential,” which allows for R‐S‐20 (Suburban), R‐ S‐12 (Suburban), R‐S‐1 (Suburban), R‐1 (Low‐Density Residential), R‐2, (Medium Density Residential), R‐3  (Medium Density Residential) or R‐4 (High Density Residential) zoning. The Mixed Residential designation  allows for “Single‐family dwellings, patio homes, townhouses, apartments and condominiums at a density  of 5‐20 dwelling units per acre.”  2. The effect of the proposal on the immediate vicinity will not be materially detrimental.  The Comprehensive Plan designates the property ”Mixed Residential,” which allows for R‐S‐20  (Suburban), R‐S‐12 (Suburban), R‐S‐1 (Suburban), R‐1 (Low‐Density Residential), R‐2, (Medium Density  Residential), R‐3 (Medium Density Residential) or R‐4 (High Density Residential) zoning. The Mixed  Residential designation allows for “Single‐family dwellings, patio homes, townhouses, apartments and  condominiums at a density of 5‐20 dwelling units per acre.”  3. There is merit and value in the proposal for the community as a whole.  The proposed zoning is consistent with the Comprehensive Plan Land Use Map; surrounding properties  are currently zoned R‐1 (north); R‐3 (east); R‐1 (south); and C‐3 (west). Surrounding parcels are vacant  except for one SFDU to the north of the site.  4. Conditions should be imposed in order to mitigate any significant adverse impacts from the  proposal.  The Pasco Municipal Code includes design standards for both commercial and residential development.  As such, no special conditions would be required.  5. A Concomitant Agreement should be entered into between the City and the petitioner, and if so,  the terms and conditions of such an agreement.  A concomitant agreement would not be required in this circumstance.    Page 73 of 136 5 RECOMMENDATION  Staff recommends based on the Findings of Fact and Conclusions that Lot 1 Block 2, Whitehouse Addition  (APN # 112 072 132) and Lot 2 and the South ½ of Lot 3 Block 2, Whitehouse Addition (APN #112 072 123)  located at the northeast corner of East Alvina Street and North Franklin Avenue, be rezoned from R‐1 to  R‐3.      Page 74 of 136 Page 75 of 136 Page 76 of 136 Page 77 of 136 Page 78 of 136 IVo.f!084S A.M.WEHE'SWHITBHOUSE ADDITION TO PASCO WASHINGTON. 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WVRTZMAN t------,,5t-------l u -----__:� '" : ' ' Page 79 of 136 Looking North Page 80 of 136 Looking East Page 81 of 136 Looking South Page 82 of 136 Looking West Page 83 of 136 City of Pasco Hearing Examiner Page 1 of 3 Recommendation, Iniguez Rezone Z 2019-011 CITY OF PASCO HEARING EXAMINER FINDINGS OF FACT, CONCLUSIONS OF LAW, AND RECOMMENDATION Rezone Z 2019-011, Salvador Iniguez November 22, 2019 _______________________________________________ 1. FINDINGS OF FACT 1.1 Proposal. Request to rezone two parcels (.1155 and .1289 acres, totaling .2445 acres) from R-1 (Low Density Residential) zoning to R-3 (Medium Density Residential) in anticipation of future sale and residential development. 1.2 Applicant/Property Owner and Location: Applicant/Property Owner: Salvador Iniguez, 1415 East Alvina Street, Pasco, WA 99301. Location: NE corner of East Alvina Street and North Franklin Avenue, Pasco, WA 99301. Parcel Nos. 112072132 and 112072123. Legal Descriptions: Lot 1 Block 2, Whitehouse Addition, Together with 10' of Vacated Alvina Street and 10' of Vacated Alley. Lot 2 and the South 1/2 of Lot 3 Block 2, Whitehouse Addition, Together with the Vacated Alley Adjacent. 1.3 Site Use. Vacant. 1.4 Land Use Designations/Site and Surrounding Area. The Comprehensive Plan designates the site Mixed Residential, which allows for R-S-20, R-S-12, R-S-1, and R-1 through R-3. The Mixed Residential designation allows for residential development at a density of 5-20 units per acre. Surrounding land uses include: North: R-1 zoning with single-family residences East: R-3 zoning with single-family residences South: R-1 zoning with vacant lots West: C-3 zoning with vacant lots A rezone to R-3 would allow for residential development consistent with the Comprehensive Plan's Mixed Residential Land Use designation. 1.5 Evidence Reviewed. The Examiner reviewed the Staff Report, which attached photographs of the site and area, and documented surrounding zoning. The Examiner conducted a site visit before the hearing. Page 84 of 136 City of Pasco Hearing Examiner Page 2 of 3 Recommendation, Iniguez Rezone Z 2019-011 1.6 SEPA (State Environmental Policy Act, Ch. 43.21C RCW). The City of Pasco issued a Determination of Non-Significance, which was not appealed. SEPA review is complete. 1.7 Hearing. A properly noticed hearing was held on November 13, 2019.1 The Community Development Department identified key points from the Staff Report. No person from the public indicated a wish to testify. 1.8 Public Comment/Written. None. 1.9 Utilities. Water is available from East Alvina Street and North Franklin Avenue; sewer service is available along the east property lines of both lots. 1.10 Access. The parcels have access from North Franklin Avenue, with Parcel 112 072 132 also having access from East Alvina Street. 1.11 Rezone Considerations. A rezone to R-3 implements the Comprehensive Plan, and is in accord with its goals and policies. The lots are small, but the R-3 zoning will allow for a slight increase in development potential. Surrounding properties include vacant land, and have been gradually developing with single-family residences, so the rezone is consistent with the area's character. The City is revising its urban growth area as part of the Comprehensive Plan Update; boundaries will likely be smaller than current projections for low-density residential growth as developed in the past would allow. Smaller lots and higher densities would better utilize urban lands, creating community value in the proposal, which lacks material detriment. If the property is not rezoned, the lot may be developed at a lower density or remain undeveloped. The Staff Report provides further detail, and is incorporated. 2. CONCLUSIONS The Examiner issues a rezone recommendation based on whether: (a) The proposal is in accord with the goals and policies of the Comprehensive Plan; (b) The effect of the proposal on the immediate vicinity will be materially detrimental; (c) There is merit and value in the proposal for the community as a whole; (d) Conditions should be imposed in order to mitigate any significant adverse impacts from the proposal; (e) A concomitant agreement should be entered into between the City and the petitioner, and if so, the terms and conditions of such an agreement.2 1 Public notice was mailed to nearby property owners and published in the Tri-City Herald. PMC 25.210.040. 2 PMC 25.210.060; PMC 2.50.080; Staff Report, p. 4. Page 85 of 136 Page 86 of 136 AGENDA REPORT FOR: City Council November 25, 2019 TO: Dave Zabell, City Manager Rick White, Director Community & Economic Development Regular Meeting: 12/2/19 FROM: Jeff Adams, Associate Planner Community & Economic Development SUBJECT: Q* Mendoza Rezone (Z 2019-012) I. REFERENCE(S): Proposed Ordinance Report to Hearing Examiner Dated: 11/13/2019 Hearing Examiner Recommendation II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to adopt Ordinance No. _____, rezoning a parcel located at 2216 W Henry Place from R-2 to R-3, and further, authorize publication by summary only. III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: On November 13, 2019, the Hearing Examiner held a public hearing to consider a request to rezone a parcel comprising of approximately 0.30 acres located at 2216 W Henry Place (APN #119 362 262), from R-2 (Medium Density Residential) to R-3 (Medium Density Residential). The property was previously developed with a 4-plex similar, if not identical to surrounding structures. The structure was destroyed in a fire in 2016. Applicant is seeking to rezone the parcel located at 2216 W Henry Place from R-2 (Medium Density Residential) to R-3 (Medium Density Residential) in anticipation of rebuilding a 4-plex on the lot. Following the conduct of the public hearing, the Hearing Examiner recommended Page 87 of 136 approval of the applicant's request for a rezone from R-2 (Medium Density Residential) to R-3 (Medium Density Residential). V. DISCUSSION: The Comprehensive Plan Land Use designation for the property is Mixed Residential. Under the current Comprehensive Plan Land Use designations of Mixed Residential the property may be zoned R-S-20, R-S-12, R-S-1, R-1 through R-4. The Mixed Residential designation includes “Single-family dwellings, patio homes, townhouses, apartments and condominiums at a density of 5-20 dwelling units per acre.” The general character of the neighborhood is 4-plex/apartments. Applicant plans to rebuild a 4-plex on the site. As such, the use would not change from what had been on- site since around 1976 and would closely match surrounding structures to the east, south, and west. Page 88 of 136 FILED FOR RECORD AT REQUEST OF: City of Pasco, Washington WHEN RECORDED RETURN TO: City of Pasco, Washington Attn: City Clerk 525 North 3rd Avenue Pasco, WA 99301 ____________________________________________________________________________ ORDINANCE NO. _______ AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON REZONING A PARCEL LOCATED AT 2216 WEST HENRY PLACE (APN #119 362 262), FROM R-2 TO R-3 WHEREAS, a complete and adequate petition for change of zoning classification has been received and an open record hearing having been conducted by the Pasco Hearing Examiner upon such petition; and WHEREAS, that the effect of the requested change in zoning classification shall not be materially detrimental to the immediate vicinity; and WHEREAS, based upon substantial evidence and demonstration of the Petitioner, that: (A) the requested change for the zoning classification is consistent with the adopted Comprehensive Plan; (B) the requested change in zoning classification is consistent with or promotes the goals and objectives of the Comprehensive Plan serving the general public interest in the community; and (C) there has been a change in the neighborhood or community needs or circumstances warranting the requested change of the zoning classificati on; and (D) the Hearing Examiner developed findings which are hereby adopted by the City Council. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. That the Zoning Ordinance for the City of Pasco, Washington, and the Zoning Map, accompanying and being part of said Ordinance shall be and hereby is changed from R-2 (Medium Density Residential) to R-3 (Medium Density Residential) for the real property as shown in the Exhibit “1” attached hereto and described as follows: Lot 3, except the East 47.3’, all of lot 4, and the east 11.15’ of lot 5 of Morath Subdivision Less easement (Parcel # 119362262) Page 89 of 136 Section 2. This Ordinance shall take full force and effect five (5) days after approval, passage and publication as required by law. PASSED by the City Council of the City of Pasco, this ______ day of December, 2019. Matt Watkins Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorney Page 90 of 136 Page 91 of 136                                               PUBLIC HEARING                                                City Hall – 525 North Third Avenue – Council Chambers                                                DATE: WEDNESDAY, November 13, 2019                                                6:00 PM      1 MASTER FILE #: Z 2019‐012    APPLICANT: Ana Mendoza   813 N. Road 56    Pasco WA 99301    REQUEST:     REZONE: Rezone a parcel on 2216 Henry Place from R‐2  (Medium Density Residential) to R‐3 (Medium Density  Residential).    BACKGROUND  1. PROPERTY DESCRIPTION:   Legal: Lot 3, except the East 47.3’, all of lot 4, and the east 11.15’ of lot 5 of Morath Subdivision  Less easement (Parcel # 119362262)  General Location: 2216 W Henry Place, Pasco WA 99301  Property Size:  Approximately 0.3 Acres (12,938.31 Square feet)  2. ACCESS:  The parcel has access from West Henry Place.  3. UTILITIES: Water and sewer service are both available from West Henry Place.  4. LAND USE AND ZONING:  The lot is occupied by a lean‐to shed, and is zoned RS‐20 (Residential  Suburban). Surrounding properties are zoned and developed as follows:  NORTH:  R‐3  School  EAST:  R‐2  Apartments  SOUTH:  R‐2  Apartments  WEST:    R‐2  Apartments  5. Comprehensive Plan: The Comprehensive Plan Land Use designation for the property is Mixed  Residential. Under the current Comprehensive Plan Land Use designations of Mixed Residential  the property may be zoned R‐S‐20, R‐S‐12, R‐S‐1, R‐1 through R‐4. The Mixed Residential  designation includes “Single‐family dwellings, patio homes, townhouses, apartments and  condominiums at a density of 5‐20 dwelling units per acre.” The criteria for allocation under the  future land use section of Volume II of the Comprehensive Plan (Vol. II, page 17) encourages  development of lands designated for Mixed Residential uses when or where sewer is available; a  market demand; location convenient to major circulation routes; transition areas between more  intense uses and low‐density uses. Policy H‐1‐E encourages the advancement of home ownership,  and Goal H‐2 suggests the City strive to maintain a variety of housing options for residents of the  community. Goal LU‐2 encourages the maintenance of established neighborhoods and the  creation of new neighborhoods that are safe and enjoyable places to live.  6. ENVIRONMENTAL DETERMINATION:  The City of Pasco is the lead agency for this project.  An  environmental determination will be made after the public hearing for this project. Based on the  Page 92 of 136 2 SEPA checklist, the adopted City Comprehensive Plan, City development regulations, and other  information, a threshold determination resulting in a Determination of Non‐Significance (DNS)  was issued for this project on August 15, 2019 under WAC 197‐11‐158.    ANALYSIS  Applicant is seeking to rezone the parcel located at 2216 W Henry Place from R‐2 (Medium Density  Residential) to R‐3 (Medium Density Residential) in anticipation of rebuilding a fourplex on the lot. The  site contains 12938.31 Square feet, or Approximately 0.3 Acres.  The site was platted in 1961 Morath Subdivision (County), and subsequently annexed into the city and  zoned R‐2 in 1977 (Ordinance 1833).   The site and surrounding properties are currently zoned as follows: to the north: R‐3; to the east: R‐2; to  the south R‐2; west R‐2. The site is vacant. The property directly to the north contains Stevens Middle  School, which was built in 1960; surrounding properties to the east, south and west are developed with  apartments built in the late 70s.  The Comprehensive Plan designates the property ”Mixed Residential,” which allows for R‐S‐20  (Suburban), R‐S‐12 (Suburban), R‐S‐1 (Suburban), R‐1 (Low‐Density Residential), R‐2, (Medium Density  Residential), R‐3 (Medium Density Residential) or R‐4 (High Density Residential) zoning. The Mixed  Residential designation includes “Single‐family dwellings, patio homes, townhouses, apartments and  condominiums at a density of 5‐20 dwelling units per acre.”   The property was previously developed with a 4‐plex similar, if not identical to surrounding structures.  The structure was destroyed in a fire in 2016.  PMC 25.170.050(2)(a) states “No building damaged by fire or other causes to the extent of more than 50  percent of the assessed value of the structure as determined by the records of the Franklin County  Assessor shall be repaired or rebuilt, except multifamily units previously authorized by building permit in  any residential zoning district may be rebuilt under the following conditions: Permits must be obtained  within one year of building damage or all nonconforming privileges are lost”  While the structure was legally non‐conforming at the time of the fire, applicant did not submit an  application within the required timeframe and as such, the legal nonconforming status has been  extinguished.  Staff has recommended the parcel be rezoned to R‐3 (Medium Density Residential), which would allow  for residential development concurrent with the Comprehensive Plan “Mixed Residential” Land Use  designation.     Rezone Criteria  The initial review criteria for considering a rezone application are explained in PMC. 25.88.030. The criteria  are listed below as follows:  1. The date the existing zone became effective:  The site was part of a residential plat annexed and zoned in 1977 (Ordinance 1833); the current zoning  classification has been in place since its annexation.  2. The changed conditions, which are alleged to warrant other or additional zoning:  Page 93 of 136 3 The property was previously developed with a 4‐plex very similar to, if not identical to the former structure.  The structure was destroyed in a fire and while the structure was legally non‐conforming at the time of the  fire, too much time has passed and nonconforming privileges no longer apply (PMC 25.170.050(2).  Applicant wishes to rebuild the 4‐plex structure.  As well, the City is revising its Urban Growth Area (UGA) as part of the Comprehensive Plan Update. The  UGA update will likely be smaller than current projections for low‐density residential growth as developed  in the past would allow; as such, smaller lots and higher densities are currently being recommended for  better utilization of the land within the UGA.  3. Facts to justify the change on the basis of advancing the public health, safety and general welfare:  The Comprehensive Plan designates the property ”Mixed Residential,” which allows for R‐S‐20 (Suburban),  R‐S‐12 (Suburban), R‐S‐1 (Suburban), R‐1 (Low‐Density Residential), R‐2, (Medium Density Residential), R‐ 3 (Medium Density Residential) or R‐4 (High Density Residential) zoning. The Mixed Residential designation  includes “Single‐family dwellings, patio homes, townhouses, apartments and condominiums at a density  of 5‐20 dwelling units per acre.”  4. The effect it will have on the value and character of the adjacent property and the Comprehensive  Plan:  The general character of the neighborhood is fourplex/apartments. Applicant plans to rebuild a fourplex  on the site. As such, the use would not change from what had been on‐site since around 1976 and would  closely match surrounding structures to the east, south, and west. The Comprehensive Plan allows for  ”Mixed Residential,” zoning, described as R‐S‐20 (Suburban), R‐S‐12 (Suburban), R‐S‐1 (Suburban), R‐1  (Low‐Density Residential), R‐2, (Medium Density Residential), R‐3 (Medium Density Residential) or R‐4  (High Density Residential) zoning. The Mixed Residential designation includes “Single‐family dwellings,  patio homes, townhouses, apartments and condominiums at a density of 5‐20 dwelling units per acre.”  5. The effect on the property owner or owners if the request is not granted:  If the property is not rezoned to R‐3 the lot may be developed at a lower density than previously (which  would not match the general character of the neighborhood), or remain undeveloped.    STAFF FINDINGS OF FACT  Findings of fact must be entered from the record. The following are initial findings drawn from the  background and analysis section of the staff report. The Planning Commission may add additional findings  to this listing as the result of factual testimony and evidence submitted during the open record hearing.  1. Public notice of this hearing was sent to property owners within 300 feet of the property and  posted in the Tri‐City Herald on October 26, 2019.  2. Applicant is seeking to rezone a parcel located at 2216 W Henry Place.  3. The rezone request is  from R‐2 to R‐3 (both Medium Density Residential).  4. Applicant desires to rebuild a fourplex on the lot.   5. The site contains 12938.31 Square feet, or Approximately 0.3 Acres.  6. The site was platted in 1961 Morath Subdivision (County)  7. The site was annexed into the city in 1977 (Ordinance 1833).  8. The site was zoned R‐2 in 1977 (Ordinance 1833).  9.  The site and surrounding properties are currently zoned as follows:  a. To the north: R‐3; to   b. To the east: R‐2;   Page 94 of 136 4 c. To the south R‐2;   d. To the west R‐2.   10. The site is vacant.   11. The property directly to the north contains Stevens Middle School,   12. Stevens Middle School was built in 1960;   13. surrounding properties to the east, south and west are developed with apartments   14. Surrounding apartments were built in the late 70s.  15. The Comprehensive Plan designates the property ”Mixed Residential,”   16. “Mixed Residential” allows for R‐S‐20 (Suburban), R‐S‐12 (Suburban), R‐S‐1 (Suburban), R‐1  (Low‐Density Residential), R‐2, (Medium Density Residential), R‐3 (Medium Density Residential)  or R‐4 (High Density Residential) zoning.   17. The Mixed Residential designation includes “Single‐family dwellings, patio homes, townhouses,  apartments and condominiums at a density of 5‐20 dwelling units per acre.”   18. The property was previously developed with a 4‐plex similar, if not identical to surrounding  structures.   19. The structure was destroyed in a fire in 2016.  20. PMC 25.170.050(2)(a) states “No building damaged by fire or other causes to the extent of more  than 50 percent of the assessed value of the structure as determined by the records of the  Franklin County Assessor shall be repaired or rebuilt, except multifamily units previously  authorized by building permit in any residential zoning district may be rebuilt under the  following conditions: Permits must be obtained within one year of building damage or all  nonconforming privileges are lost”  21. The structure was legally non‐conforming at the time of the fire,   22. Applicant did not submit a rebuild application within the required timeframe  23.  The legal nonconforming status has been extinguished.    TENTATIVE CONCLUSIONS BASED ON INITIAL STAFF FINDINGS OF FACT  Before recommending approval or denial of a rezone, the Planning Commission must develop findings of  fact from which to draw its conclusions based upon the criteria listed in PMC 25.210.060.  The criteria are  as follows:  1. The proposal is in accordance with the goals and policies of the Comprehensive Plan.   The proposal is in accordance with the Comprehensive plan; under the current Comprehensive Plan The  Comprehensive Plan designates the property ”Mixed Residential,” which allows for R‐S‐20 (Suburban), R‐ S‐12 (Suburban), R‐S‐1 (Suburban), R‐1 (Low‐Density Residential), R‐2, (Medium Density Residential), R‐3  (Medium Density Residential) or R‐4 (High Density Residential) zoning. The Mixed Residential designation  allows for “Single‐family dwellings, patio homes, townhouses, apartments and condominiums at a density  of 5‐20 dwelling units per acre.”  2. The effect of the proposal on the immediate vicinity will not be materially detrimental.  The Comprehensive Plan designates the property ”Mixed Residential,” which allows for R‐S‐20 (Suburban),  R‐S‐12 (Suburban), R‐S‐1 (Suburban), R‐1 (Low‐Density Residential), R‐2, (Medium Density Residential), R‐ 3 (Medium Density Residential) or R‐4 (High Density Residential) zoning. The Mixed Residential designation  Page 95 of 136 5 allows for “Single‐family dwellings, patio homes, townhouses, apartments and condominiums at a density  of 5‐20 dwelling units per acre.”  3. There is merit and value in the proposal for the community as a whole.  The proposed zoning is consistent with the Comprehensive Plan Land Use Map; surrounding properties are  currently zoned as follows: to the north: R‐3; to the east: R‐2; to the south R‐2; west R‐2. The property  directly to the north contains Stevens Middle School, which was built in 1960; surrounding properties to  the east, south and west are developed with apartments built in the late 70s.  4. Conditions should be imposed in order to mitigate any significant adverse impacts from the  proposal.  The Pasco Municipal Code includes design standards for both commercial and residential development. As  such, no special conditions would be required.  5. A Concomitant Agreement should be entered into between the City and the petitioner, and if so,  the terms and conditions of such an agreement.  A concomitant agreement would not be required in this circumstance.    RECOMMENDATION  Staff recommends based on the Findings of Fact and Conclusions that Lot 3, except the East 47.3’, all of  lot 4, and the east 11.15’ of lot 5 of Morath Subdivision Less easement (Parcel # 119362262), be rezoned  from R‐2 to R‐3.      Page 96 of 136 Page 97 of 136 Page 98 of 136 Page 99 of 136 Page 100 of 136 Page 101 of 136 Page 102 of 136 VII. WORKSHOPLooking North Page 103 of 136 VII. WORKSHOPLooking East Page 104 of 136 VII. WORKSHOPLooking South Page 105 of 136 VII. WORKSHOPLooking West Page 106 of 136 City of Pasco Hearing Examiner Page 1 of 3 Recommendation, Mendoza Rezone Z 2019-012 CITY OF PASCO HEARING EXAMINER FINDINGS OF FACT, CONCLUSIONS OF LAW, AND RECOMMENDATION Rezone Z 2019-012, Ana Mendoza November 22, 2019 _______________________________________________ 1. FINDINGS OF FACT 1.1 Proposal. Request to rezone a .3 acre parcel from R-2 (Medium Density Residential) zoning to R-3 (Medium Density Residential) in anticipation of building a four-plex. 1.2 Applicant/Property Owner and Location: Applicant/Property Owner: Ana Mendoza, 813 N. Road 56, Pasco, WA 99301. Location: 2216 West Henry Place, Pasco, WA 99301. Legal Description: Lot 3, except the east 47.3', all of Lot 4, and the east 11.15' of Lot 5 of Morath Subdivision less easement (Parcel No. 119 362 262). 1.3 Site Use. The vacant property was previously developed with a four-plex destroyed by fire in 2016, which was similar if not identical to surrounding structures. The structure was legally non-conforming, but was not rebuilt in time to take advantage of that status.1 1.4 Land Use Designations/Site and Surrounding Area. The Comprehensive Plan designates the site Mixed Residential, which allows for R-S-20, R-S-12, R-S-1, and R-1 through R-3 zoning. The Mixed Residential designation allows for residential development at a density of 5-20 units per acre. Surrounding land uses include: North: R-3 zoning with Stevens Middle School East: R-2 zoning with apartments South: R-2 zoning with apartments West: R-2 zoning with apartments A rezone to R-3 would allow for residential development consistent with the Comprehensive Plan's Mixed Residential Land Use designation. 1.5 Evidence Reviewed. The Examiner reviewed the Staff Report, which attached photographs of the site and area, and documented surrounding zoning. The Examiner conducted a site visit before the hearing. 1.6 SEPA (State Environmental Policy Act, Ch. 43.21C RCW). The City of Pasco issued a Determination of Non-Significance which was not appealed. SEPA review is complete. 1 Staff Report, p. 2; PMC 25.170.050(2)(a). Page 107 of 136 City of Pasco Hearing Examiner Page 2 of 3 Recommendation, Mendoza Rezone Z 2019-012 1.7 Hearing. A properly noticed hearing was held on November 13, 2019.2 The Community Development Department identified key points from the Staff Report. No person from the public indicated a wish to testify. 1.8 Public Comment/Written. None. 1.9 Utilities. Water and sewer service are available from West Henry Place. 1.10 Access. West Henry Place. 1.11 Rezone Considerations. A rezone to R-3 implements the Comprehensive Plan, and is in accord with its goals and policies. The lot is small, but the R-3 zoning will allow for a slight increase in development potential. A four-plex project is likely, which would match the surrounding development, so the rezone is consistent with the area's character. The City is revising its urban growth area as part of the Comprehensive Plan Update; boundaries will likely be smaller than current projections for low-density residential growth as developed in the past would allow. Smaller lots and higher densities would better utilize urban lands, creating community value in the proposal, which lacks material detriment. If the property is not rezoned, the lot may be developed at a lower density or remain undeveloped. The Staff Report provides further detail, and is incorporated. 2. CONCLUSIONS The Examiner issues a rezone recommendation based on whether: (a) The proposal is in accord with the goals and policies of the Comprehensive Plan; (b) The effect of the proposal on the immediate vicinity will be materially detrimental; (c) There is merit and value in the proposal for the community as a whole; (d) Conditions should be imposed in order to mitigate any significant adverse impacts from the proposal; (e) A concomitant agreement should be entered into between the City and the petitioner, and if so, the terms and conditions of such an agreement.3 As the Findings detail, including at ¶ 1.11, the R-3 rezone follows these criteria and a concomitant agreement and further mitigation is unnecessary. The proposed zoning is consistent with the Comprehensive Plan Land Use Map; the site is surrounded by R-2 and R-3 zoning; and, apartment uses, along with a school, surround the site. 2 Public notice was mailed to nearby property owners and published in the Tri-City Herald. PMC 25.210.040. 3 PMC 25.210.060; PMC 2.50.080; Staff Report, pp. 4-5. Page 108 of 136 Page 109 of 136 AGENDA REPORT FOR: City Council November 20, 2019 TO: Dave Zabell, City Manager Regular Meeting: 12/2/19 FROM: Richa Sigdel, Director Finance SUBJECT: Interfund and Intrafund Loans I. REFERENCE(S): Resolution - Interfund Loans from the General Fund Resolution - Intrafund Loans between the Utilities Fund II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to approve Resolution No. ________, authorizing the interfund loans from the General Fund to the City's Marina Fund and Stadium Fund. MOTION: I move to approve Resolution No. ________, authorizing the intrafund loans from the Water Utility to the Irrigation Utility and Process Water Reuse Facility Utility. III. FISCAL IMPACT: General Fund to Marina Fund - $450,000 General Fund to Stadium Fund - $1,000,000 Utilities: Water Utility to Irrigation Utility - $815,000 Water Utility to PWRF Utility - $5,200,000 IV. HISTORY AND FACTS BRIEF: Consistent with the 2019-2020 Biennial Budget and associated adjustment, it is necessary to provide for certain inter and intra fund loans to maintain positive fund balances in all funds and to compensate for delayed, but anticipated, insurance settlements and access to grant reimbursements. Page 110 of 136 Marina Fund - Dock A at the City's marina was damaged due to the winter storm experienced in 2017. The City has been working closely with the insurance company to recover all losses and expenses and expects the process to be completed by the end of the first quarter of 2020, after which the Marina Fund will extinguish the interfund loan through a transfer. GESA Stadium Fund - Council approved $2,000,000 for GESA Stadium Improvements in the 2019-2020 Biennial Budget. Optimal timing for issuance of the necessary bond to fund the project is at hand and Staff expects the bond proceeds to be received by the end of 2019. Staff seeks authorization for this loan in the event bond proceeds are not received in 2019. If proceeds are timely (within 2019), this loan will not be executed. Irrigation Utility - The City completed a rate study with assistance from FCS Group in 2017 to determine the fiscal impact of improvements needed to meet the proposed operational plan and needed capital Improvements over the biennium and beyond. The option selected by Council provided for a lesser rate increase, however required the requested $815,000 Intrafund loan, which will be repaid over a several year period. Process Water Reuse Facility (PWRF) Utility - The City commenced two critical projects, Foster Wells Force Main and Columbia East Lift Station and Force Main; both critical to providing continuous operation for customers who rely on the system for processing agricultural goods. The Council approved the design and construction of Foster Wells Force Main and Columbia East Lift Station and Force Main earlier this year. The City has received grants that it is not currently able to draw on and is planning to issue bonds to fund the remainder of the project, to be repaid from assessments to the processors utilizing these facilities. This loan will also be short-term and would be repaid once grant funds are accessible and bond proceeds are available, both of which are anticipated in 2020. V. DISCUSSION: Council discussed a proposed budget adjustment and the need for interfund and intrafund loans at the November 25, 2019 Council Workshop. Staff recommends approval of the proposed resolutions. Page 111 of 136 RESOLUTION NO. A RESOLUTION AUTHORIZING INTERFUND LOANS FROM THE GENERAL FUND TO OTHER FUNDS. WHEREAS, the City Council of the City of Pasco has, pursuant to RCW 35.33.121, found that it is in the best interest of the City to lend funds from the General Fund to the Marina Fund and Stadium Fund and to provide for the repayment thereof, and NOW, THEREFORE, THE CITY OF PASCO, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: 1. Authorization for loans. The Finance Director of the City of Pasco is hereby authorized and directed to make the following loans from the City of Pasco funds as follows: (A) From the General Fund to the Marina Fund in the amount of $450,000 to ensure a positive fund balance as of December 31, 2019, due to the delay in receiving insurance proceeds. This loan is only be needed if the insurance proceeds are not received by the City prior to December 31, 2019. (B) From the General Fund to the Stadium Fund in the amount of $1,000,000 as interim financing for the Stadium Improvement Project until bond proceeds are obtained. This loan is only needed if bond proceeds are not received by December 31, 2019. 2. Terms and Memorialization. The effective dates of the loans shall be as listed below. This resolution shall constitute memorialization of these loans and their terms. (A) Disbursement is authorized as of December 31, 2019 and repayment is due as of November 30, 2020. The interest rate is 3.9 percent. (B) Disbursement is authorized as of December 31, 2019 and repayment is due as of November 30, 2020. The interest rate is 3.9 percent. PASSED by the City Council of the City of Pasco, Washington, this 2nd day of December 2019. _____________________________ Matt Watkins Mayor ATTEST: APPROVED AS TO FORM: _____________________________ Debby Barham Kerr Ferguson Law, PLLC City Clerk City Attorney Page 112 of 136 RESOLUTION NO. A RESOLUTION AUTHORIZING INTRAFUND LOANS FROM THE WATER UTILITY TO OTHER UTILITITES. WHEREAS, the City Council of the City of Pasco has, pursuant to RCW 35.33.121, found that it is in the best interest of the City to lend funds between various utilities and to provide for the repayment thereof, and NOW, THEREFORE, THE CITY OF PASCO, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: 1. Authorization for loans. The Finance Director of the City of Pasco is hereby authorized and directed to make the following loans from the City of Pasco Utility Fund as follows: (A) From the Water Utility to the Irrigation Utility in the amount of $815,000 to provide financing for various capital improvement projects. (B) From the Water Utility to the Process Water Reuse Facility Utility in the amount of $5,200,000 to provide financing for various capital improvement projects. 2. Terms and Memorialization. The effective dates of the loan shall be as listed below. This resolution shall constitute memorialization of the loan and term. (A) Disbursement is authorized as of January 1, 2020 and repayment is due as of January 1, 2025. The interest rate is 3.9 percent. (B) Disbursement is authorized as of December 1, 2019 and repayment is due as of November 30, 2020. The interest rate is 3.9 percent. PASSED by the City Council of the City of Pasco, Washington, this 2nd day of December 2019. _____________________________ Matt Watkins Mayor ATTEST: APPROVED AS TO FORM: _____________________________ Debby Barham Kerr Ferguson Law, PLLC City Clerk City Attorney Page 113 of 136 AGENDA REPORT FOR: City Council November 20, 2019 TO: Dave Zabell, City Manager Regular Meeting: 12/2/19 FROM: Zach Ratkai, Director Administrative & Community Services SUBJECT: Personal Services Agreement Extension - Animal Control Services I. REFERENCE(S): Proposed Agreement II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to approve the extension of the Personal Services Agreement with Chicle Animal Foundation for Animal Control Services and, further authorize the City Manager to execute the agreement. III. FISCAL IMPACT: Total Annual Budget for Operations: $775,624 Annual Share for Pasco (1/3 share of costs): $258,541.33 Billed monthly (1/3 share of costs): $21,545.11 IV. HISTORY AND FACTS BRIEF: On March 29, 2019, the Animal Control Authority of Pasco, Richland and Kennewick entered into an agreement with Chicle Animal Foundation to provide animal control and shelter management services for the region. The current agreement expires December 31, 2019. V. DISCUSSION: Pasco Staff, acting in their capacity as Operating Jurisdiction of the Tri City Animal Control Authority, recommends that the Pasco City Council accept the new agreement extending the contract for animal control and sheltering service between the Tri City Animal Control Authority and the Chicle Animal Foundation through December 31, 2020 and authorize the City Manager to execute said agreement. Page 114 of 136 PERSONAL SERVICES AGREEMENT ANIMAL CONTROL SERVICES FOR THE ANIMAL CONTROL AUTHORITY OF KENNEWICK, PASCO & RICHLAND Agreement No. 19034 THIS AGREEMENT is made and entered into between Chicle Animal Foundation, hereinafter referred to as “Contractor” and the Tri-City Animal Control Authority, hereinafter referred to “ACA”, an unincorporated association comprised of the cities of Kennewick, Pasco, and Richland, political subdivisions of the State of Washington, on this 2nd day of December, 2019. ARTICLE 1. PURPOSE OF AGREEMENT 1.1 The purpose of this Agreement is to establish the relationship between the ACA and the Contractor. The Contractor shall provide animal control services in specified areas within Benton and Franklin Counties for the cities of Kennewick, Pasco and Richland as specified herein. In consideration for said services, the ACA shall pay the Contractor in U.S. funds such moneys and in such manner as herein described. ARTICLE 2. WHOLE AGREEMENT 2.1 This is the complete and exclusive statement of the agreement between the parties relevant to the purpose described above and supersedes all prior agreements or proposals, oral or written, and all other communication between the parties relating to the subject matter of this Agreement. No modification of this Agreement will be binding on either party except as a written addendum signed by authorized agents of both parties. ARTICLE 3. WRITTEN NOTICE 3.1 Any notice of change, termination or other communication having a material effect on this Agreement shall be served in one or more of the following manners: a. In-person delivery to the Pasco City Clerk if delivering to the Authority; an authorized officer, employee, agent or other representative if delivering to the Contractor. b. Deposited in the U.S. mails under certified or registered handling, postage prepaid, posted to the address(es) provided herein: City of Pasco Contractor Dave Zabell, City Manager Deborah Sporcich, Director PO Box 293 17 Oak Lane Pasco, WA 99301 Burbank, WA 99323 Telephone: (509) 544-3404 (206) 356-6880 Page 115 of 136 c. By e-mail sent to either party. Article 4. GOVERNING LAW/VENUE 4.1 This Agreement shall be governed by the laws of the State of Washington. Any action or suit commenced in connection with this Agreement shall be in the Franklin County Superior Court. 4.1.1 All rights and remedies of the ACA shall be cumulative and may be exercised successively or concurrently. The foregoing is without limitation to or waiver of any other rights or remedies of the ACA according to law. It is agreed that fifteen (15} calendar days shall constitute reasonable notice for the exercise of any right in the event that applicable law specifically requires such notice, unless a more specific time frame is required by applicable statute. ARTICLE 5. ATTORNEY FEES 5.1 Attorney’s fees which are reasonable and costs including those in appeal, if appeal is taken, shall be allowed to the prevailing party by any court hearing a dispute under this Agreement. ARTICLE 6. JUDICIAL RULINGS 6.1 If any provision of this Agreement, as applied to either party or to any circumstance, shall be adjudged by a court to be void or unenforceable the same shall in no way affect any other provision or the validity or enforceability of this Agreement. ARTICLE 7. INDEPENDENT CONTRACTOR 7.1 The Contractor shall be an "independent contractor." All persons employed to furnish services hereunder are employees of the Contractor and not of the ACA. Further, the ACA shall not be liable for any of Contractor's acts or omissions performed under this Agreement or other agreements to which Contractor is a party. ARTICLE 8. INDEMNIFICATION AND HOLD HARMLESS 8.1 The Contractor shall defend, indemnify and hold the ACA and the individual Cities of Kennewick, Pasco, and Richland, their officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or in connection with the performance of this Agreement, except for injuries and damages caused by the sole negligence of the City. It is further specifically and expressly understood that the indemnification provided herein constitutes the Contractor's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually Page 116 of 136 negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. ARTICLE 9. INSURANCE 9.1 The Contractor shall procure and maintain for the duration of the Agreement. insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, their agents, representatives, employees or subcontractors. Minimum scope of insurance and minimum insurance limits of the types described below shall be maintained by the Contractor. a. Commercial General Liability insurance shall be written on Insurance Services Office (ISO) occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, stop gap liability, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide a per project general aggregate limit using ISO form CG 25 03 05 09 or an equivalent endorsement. There shall be no exclusion for liability arising from explosion, collapse or underground property damage. The ACA shall be named as an additional insured under the Contractor’s Commercial General Liability insurance policy with respect to the work performed for the ACA using ISO Additional Insured endorsement CG 20 10 10 01 and Additional Insured-Completed Operations endorsement CG 20 37 10 01 or substitute endorsements providing at least as broad coverage. The ACA consisting of City of Kennewick, PO Box 6108, Kennewick WA 99336; City of Pasco, PO Box 293, Pasco WA 99301; and City of Richland, 505 Swift Blvd., Richland WA 99352, shall be named as an additional insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the ACA. b. Commercial General Liability insurance shall be written with limits no less than $1,000,000 per each occurrence, $2,000,000 general aggregate and $2,000,000 products completed operations aggregate limit. c. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on ISO form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. d. Automobile Liability insurance shall have a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. e. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. f. Property insurance shall be written on an all-risk basis. Page 117 of 136 g. Property insurance shall be written covering the full value of Contractor's property and improvements with no coinsurance provisions. h. Law Enforcement Professional insurance in the amount of $500,000. 9.3 Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: a. The Contractor's insurance coverage shall be primary insurance with respect to this Contract. Any Insurance, self-insurance, or insurance pool coverage maintained by the ACA shall be excess of the Contractor's insurance and shall not contribute with it. b. The Contractor's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the ACA. 9.4 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A: VII. 9.5 Verification of Coverage. Contractor shall furnish the ACA with original Certificates of Insurance and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. 9.6 Subcontractors Contractor shall include all subcontractors as insured's under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Contractor. The Contractor shall ensure that the ACA is an additional insured on each and every Subcontractor’s Commercial General Liability insurance policy using an endorsement as least as broad as ISO CG 20 10 10 01 for ongoing operations and CG 20 37 10 01 for completed operations. ARTICLE 10. NONDISCRIMINATION 10.1 The Contractor agrees to abide by all Federal, State and/or local ordinances prohibiting discrimination with regard to employment and client services. If the Contractor subcontracts, said subcontract shall include appropriate safeguards against discrimination in such services and employment binding upon each Contractor or subcontractor. The Contractor shall take such action as may be required to insure full compliance with this Page 118 of 136 clause, including sanctions for noncompliance. Any violations of this provision shall be considered a material violation of this Agreement and shall be grounds for cancellation, termination or suspension in whole or in part by the ACA. ARTICLE 11. FUNDING 11.1 In the event the Management Committee of the ACA reduces, changes, eliminates or otherwise modifies the funding for the project identified herein, Contractor agrees to abide by any such decision up to and including termination of service. In the event of termination, notice shall be as stipulated in Article 15 Termination of Agreement. ARTICLE 12. NONASSIGNMENT 12.1 No portion of nor any interest in this Agreement may be assigned to a third party without the prior written approval of the ACA. ARTICLE 13. USE OF ACA FACILITIES 13.1 By and through this Agreement, Contractor and its employees or agents shall have the right to use such portions of the Animal Shelter, which is leased to the ACA by the City of Pasco. The leased premises shall constitute those areas that are designated by the ACA for Contractor's use and determined to be necessary to perform the required services under this Agreement. Contractor shall have no right of access to any other facilities of the ACA without the prior approval of the ACA Management Committee. The shelter is currently located at 1312 S. 18th Ave. Pasco, Washington. Contractor's use of the premises shall be subject to the following: 13.1.1 Permitted Use: 1. The premises shall be used for animal control operations conducted for the cities of Kennewick, Washington, Pasco, Washington, and Richland, Washington pursuant to enforcement of Tri-City Animal Control Authority agency ordinances and for no other purpose without the written consent of the ACA. 2. The ACA shall have the right to lease unused areas in the shelter, provided that the ACA and Contractor shall work cooperatively to determine the best utilization of the space in the facility. 4 Restrictions on Use: In connection with the use of the Premises, Contractor shall: 1. Conform to all applicable laws and regulations of any public authority affecting the Premises and its use thereof. 2. Refrain from any activity (other than those activities within Contractor's normal and customary course of conduct) that would make it impossible to Page 119 of 136 insure the Premises against casualty or that would substantially increase the insurance rate. 3. Refrain from any use that creates a nuisance. 4. Refrain from loading the electrical system or floors beyond the point considered safe by a competent engineer or architect selected by Landlord. 5. Not cause or permit any Hazardous Substance to be spilled, leaked, disposed of, or otherwise released on the Premises. 6. Not cause or permit litter, garbage or other refuse or debris to accumulate on the Premises except in suitable garbage containers. 5 Repairs and Maintenance: The ACA shall be responsible for all repairs and maintenance necessitated by Contractor's reasonable use and occupancy, including, but not limited to the following: 5.1 Repairs of the roof and gutters, exterior walls, bearing walls, structural members, floor slabs and foundation. 5.2 Repair of exterior water, sewage and electrical services up to the point of entry to the Premises. 5.3 Repair of heating and cooling systems. 5.4 5.5 Repair of interior walls, ceilings, doors, windows, and related hardware, light fixtures, switches, wiring and plumbing. 6 Alterations: 6.1 Contractor Alterations Prohibited. Contractor shall make no improvements or alterations on the Premises of any kind without first obtaining the ACA's written consent. All alterations shall be made in a good and workman-like manner, and in compliance with plans submitted to and approved by the Landlord and in accordance with applicable laws and building codes. 6.2 Ownership and Removal of Alterations. All improvements and alterations performed on the Premises by Contractor shall be the property of Landlord when installed unless the applicable Landlord's consent specifically provides otherwise. Improvements and alterations installed by Contractor shall, at Landlord's option, be removed by Contractor and the Premises Page 120 of 136 restored, at Contractors expense, unless the applicable Landlord's consent specifically provides otherwise. 7 Property Insurance and Waiver of Subrogation: City of Pasco shall purchase and maintain during the term of the lease all-risk property insurance covering the Building for its full replacement value without any coinsurance provisions. Contractor and City of Pasco hereby release and discharge each other from all claims, losses and liabilities arising from or caused by any hazard covered 100% by property insurance on or in connection with the premises of said building. This release shall apply only to the extent that such claim, loss or liability is covered 100% by insurance. City of Pasco will insure personal property of the ACA in the amount equal to the value of the ACA-owned inventory and is under no obligation to insure any of Contractor's personal property located in the Premises. 8 Utilities: ACA shall provide and pay for the following utilities: electric service, gas, water and sewer services. Contractor shall provide telephone and communication services, garbage disposal services, janitorial services, and security services as needed. 9 Damage or Destruction: If the Premises are damaged or destroyed in whole or in part by no fault of Contractor, and Contractor is unable to provide services required by Agreement, the ACA may, at its option, elect to terminate this Agreement upon thirty (30) days’ notice. 10 Surrender: Upon expiration of the Agreement term or earlier termination as provided herein, Contractor shall surrender the Premises in the same condition as at the commencement of its use, reasonable wear and tear expected. ARTICLE 14. RESPONSIBILITY FOR SUPPLIES AND MATERIALS 14.1 The ACA shall have no responsibility for the loss, theft, mysterious disappearance or damage to all equipment, tools, materials, supplies and other personal property of Contractor or its employees, agents or subcontractors, which may be stored on ACA premises. Contractor shall provide the ACA an inventory of property no later than January 15, each year. Upon termination or expiration of this Agreement a walk-through Page 121 of 136 of the premises shall be performed to reconcile the inventory of property. Failure to participate in the post-service walk-through by the Contractor shall constitute a waiver of any claim to ownership of disputed equipment or inventory. ARTICLE 15. TERMINATION OF AGREEMENT 15.1 This Agreement may be terminated under the following conditions: a. By written mutual agreement of both parties. Termination under this provision may be immediate. b. Without cause upon nine (9) months written notice by either party to the other of intent to terminate. c. Failure to comply with the conditions of this contract after thirty (30) day notice of deficiency shall be grounds for termination. Contractor will be allowed 30 days to correct conditions not in compliance with Agreement. At its sole discretion, the ACA may extend the 30-day cure period based upon the progress of the Contractor to correct conditions in the initial 30-day period or any factors outside the control of the Contractor that prevent correcting the condition within the initial 30 days. d. The ACA may at its sole discretion, unilaterally terminate this contract on sixty (60) days’ notice for documented performance failures. e. Upon thirty (30) days’ notice by the ACA, in the event of property loss of the leased premises, natural disaster preventing performance under this Agreement, or conviction of a crime committed by the Contractor or one of its agents in the course of performing under this Agreement. If this Agreement is terminated by either party, the ACA agrees to pay to the Contractor all costs and expenses associated with services provided to the effective day of termination. Monies due and payable will be pro-rated based on the number of service days performed through the date of termination. Notwithstanding any termination hereunder, all requirements of this Agreement shall remain in full force and effect through the date of termination upon written notice from the ACA. ARTICLE 16. STANDARD OF SERVICES 16.1 Contractor agrees to perform services with the standard of skill and diligence normally provided by a professional organization in the performance of similar services. It is understood that the Contractor must perform the services based in part on information furnished by ACA and that Contractor shall be entitled to rely on such information. However, Contractor is given notice that ACA will be relying on the accuracy, level of Page 122 of 136 competence and completeness of Contractor's services in utilizing the results of such services. To further this level of service, the Contractor will develop, within 90 days of the beginning of this Agreement, a set of written operational procedures relating to daily operations, including but not limited to euthanasia procedures. Such procedures shall be subject to the approval of the ACA and the Contractor will be accountable for compliance with such procedures. 16.2 Additional standards of service requirements shall include, but not be limited to, the following: Maintain good customer service skills. Animals and residents shall be treated respectfully and courteously at all times. Maximize use of volunteers for animal control operations/adoption coordination. Be responsive to city/citizen requests. Maintain a professional appearance. Maintain professionalism with the public and public agencies. 16.3 Contractor warrants that the recommendations, guidance, training and performance of any person assigned under this Agreement shall be in accordance with generally-accepted practices for handling and treatment of animals, professional standards and applicable regulatory practices, and requirements of this Agreement. ARTICLE 17. TERM OF AGREEMENT 17.1 This Agreement shall remain in full force and effect as written through December 31, 2020, with option upon mutual agreement for additional two (2) year extensions thereafter. ARTICLE 18. SURVIVAL 18.1 The terms, conditions, representations, and all warranties contained in this Agreement shall survive the termination or expiration of this Agreement. ARTICLE 19. DUTIES AND RESPONSIBILITIES OF THE CONTRACTOR 19.1 See Attachment A. ARTICLE 20. FEES 20.1 The Contractor agrees to provide animal control services as herein specified and in the manner specified. The ACA shall have no liability for taxes, insurance or other expenses associated with the performance of the Contractor's duties hereunder. The ACA shall compensate the Contractor in monthly installments in an amount according to the Compensation Schedule included with Attachment B. The Contractor shall be responsible for collecting appropriate impounding fees and boarding fees and shall be responsible for remittance to the Cities according to the Fee Schedule included with Attachment C. Page 123 of 136 ARTICLE 21. METHOD OF PAYMENT 21.1 Payment shall be made within 10 days upon receipt by ACA of a written invoice to be provided to ACA by Contractor at the end of the month in which services were rendered. ARTICLE 22. PUBLICITY 22.1 Contractor shall not use in its external advertising, marketing programs, or other promotional efforts any data, pictures, or other representations of the ACA except on prior specific written authorization from ACA. ARTICLE 23. SUBCONTRACTING 23.1 The Contractor shall not employ other subcontractors without prior written approval of the ACA nor shall the duties of the Contractor under the contract be delegated without prior written approval of the ACA. Unless otherwise expressly agreed by ACA, the Contractor shall remain responsible for the quality and timeliness of performance notwithstanding any delegation of said required performance. 23.2 The Contractor will assume full responsibility for administering and managing all of its subcontractor(s). All ACA communications concerning any subcontractor will be directed through the Contractor's resident general manager. 23.3 The ACA may enter into agreement with other jurisdictions in the area to provide animal control services. Contractor shall enter into these agreements only upon mutual written agreement between the ACA and Contractor. The Contractor is prohibited from entering into agreements or providing animal control services with other jurisdictions without prior written approval of the ACA. Article 24. INSPECTIONS AND RECORDS 24.1 The Contractor shall submit to inspections of the premises and records by representatives of the ACA at any time, without prior notice. Such inspections may include, but not limited to, financial audits, records audits, inspection of kennels, or observation of procedures. The Contractor will also submit to inspection and oversight by a professional oversight committee appointed by the ACA. Contractor agrees to maintain all records with respect to services provided under this Agreement for six (6) years and shall maintain such records in such a manner as to preserve those records in case of a public records request. Contractor shall fully comply with ACA and Cities to respond to applicable requests for public records. Page 124 of 136 ARTICLE 25. SIGNATURE PAGE 25.1 The Contractor and the ACA hereby agree to all provisions of the Agreement. Signed this 2nd day of December 2019, Pasco. Washington. CITY OF PASCO, WASHINGTON CONSULTANT Dave Zabell, City Manager Contractor ATTEST: Debra Barham, City Clerk APPROVED AS TO FORM: Kerr Ferguson Law, PLLC, City Attorney Page 125 of 136 ATTACHMENT A – SCOPE OF SERVICES DUTIES AND RESPONSIBILITIES OF THE CONTRACTOR Enforcement of Animal Regulatory Laws The Contractor shall be fully responsible for taking animals into custody, transporting animals, administering and enforcing animal control regulations, investigating animal control complaints, as well as enforcing action(s) in accordance with the Cities' respective municipal codes and the Revised Code of Washington (RCW). Responsibilities of the Contractor shall include, but may not be limited to, the following: 1. Field Service Calls: The Contractor shall initiate within one business day during normal business hours of the Shelter, an investigation and follow up on all animal control complaints referred to it by the public, appropriate officers, health services or other entities where the complaints constitute violations of Kennewick, Pasco or Richland municipal codes. Records shall be kept on each complaint, to include action(s) taken and disposition(s). Examples of field service calls may include but are not limited to: Domestic animal at large Barking dog Unlicensed dog or cat in participating cities Dog or cat with no rabies vaccination Dog threatens person Dog threatens domestic animal Dog or cat bite Injured or sick domestic animal Assist law enforcement agencies upon request Abandoned animal Animal cruelty Dead on arrival dog or cat Confined dog or cat Trapping dog or cat Dangerous or potentially dangerous dog Kennel inspections Dangerous dog inspections Inherently dangerous mammal or reptile inspections Special Assistance 2. Apprehension: Apprehend and impound stray dogs and cats. The Contractor shall direct its animal control officer(s) to return the dog or cat to the owner, if known, while the officer is in the field and issue a written warning or citation to the owner instead of impounding the animal for a first-time offense. Subsequent offenses shall be impounded. Vicious animals at large must be impounded including first-time offenses. Complete and accurate records of all apprehensions and impounds, including disposition of the animal, shall be maintained. 3. Secure evidence of suspected violators: Evidence shall be recorded, properly identified, and stored in a secure location. Page 126 of 136 4. Distressed Animals: Animals in distress, including hardship cases, such as owner arrest or house fires, must be impounded. If a distressed animal cannot be safely impounded, based on the professional opinion of a qualified veterinarian, it must be destroyed immediately. The method used for euthanasia must be approved by the ACA. 5. Hazard Removal: Dead animals whose owners are unknown and which constitutes a traffic hazard on City roadways and Rights-of-Way must be removed. In instances where a hazard exists which is a violation of local ordinance but the animal is alive, the animal shall be impounded. The Contractor shall not be responsible for the collection and disposal of dead animals found on private property. 6. Disposal of Dead Animals: The Contractor shall pick up and remove small or large dead animals from City roadways and Rights-of-Way within six (6) hours of notification during normal business hours. If outside of normal business hours, the dead animals shall be removed within sixteen (16) hours of initial notification. 7. Emergency Response: The Contractor for animal control enforcement shall be available twenty-four (24) hours a day, seven (7) days a week, on an emergency response basis. Emergency response shall be for any of the following: a. Vicious animals, or animals wild or domestic that may reasonably constitute a hazard to persons or other animals or threaten public safety. b. Animals with life-threatening injuries. c. Hardship cases or law enforcement assistance matters. 8. Court Appearances: The Contractor's personnel may, on occasion, be required to appear in court in support of enforcement action. The Contractor shall not receive additional compensation for these appearances and shall be timely and professional in all such appearances. 9. Special Assistance: From time to time special assistance may be required to respond to unique circumstances and/or animal care needs. Such special assistance or care shall be the responsibility of the Contractor. 10. Citation Authority: Issue citations for the violation of animal regulatory ordinances. 11. Reporting: Provide complete and accurate reports, in a format approved by the ACA, to the Cities by the 15th of the following month pertaining to the enforcement activities. 12. Telephone: Provide a telephone call receiving system that can accommodate high call volume and ensure that a message can be left if a person is not available to receive the call. Phone messages shall be retrieved within 10 minutes. Emergency callers shall be contacted immediately upon receipt of the message. After hour emergency calls shall be routed to an on-call employee or answering service. All calls for service shall be logged and a disposition recorded. Page 127 of 136 13. Enforcement Officers: A minimum of one enforcement officer will have at least three (3) years’ experience in animal control enforcement and will possess current enforcement certification. (These requirements may be temporarily waived by agreement of the Contractor and ACA). All enforcement officers will obtain certification within the minimum time period and will maintain current status of certification. All enforcement officers shall be suitably uniformed to present a clean, respectable image to the public. The Contractor shall be responsible for securing limited enforcement-commissions from each City to enable the officers to enforce the terms of the Cities' animal regulatory ordinances. All enforcement officers will be trained in the issuance of criminal complaints and citations, as well as investigation, reports preparation and court procedure, in addition to training in methods of animal control and handling procedures. 14. Cruelty Complaints: Respond to and provide resolution to complaints regarding animal cruelty. Whenever evidence of criminal animal cruelty is discovered, such complaints will be coordinated with the appropriate law enforcement agency for further investigation, along with a written report. 15. Activities Not Covered: The Contractor shall not generally be responsible for the following items: a. Responding to complaints or incidents involving wild animals, except, where it is in the interest of public safety that the Contractor respond or the public safety is impaired by the presence of a wild animal, dead or alive, on a public roadway or within the Right-of-Way. b. Rehabilitating and restoring to health animals that have been injured, neglected or abused beyond the basics of shelter, food and water that is not required by State law. 16. Random Patrol: In addition to providing the services indicated, the Contractor shall provide random patrol when available pursuant to a separate agreement between any ACA City and the contractor with the understanding that such agreement will not affect labor or equipment contemplated by this agreement. Animal Shelter Facilities The Contractor shall provide animal shelter services at the ACA leased facility for all animals for which impounding or quarantine is authorized or ordered by this Agreement, by the Cities or the Benton-Franklin Health District for animals’ subject to the Cities' jurisdiction. These facilities shall be operated and maintained on a 24-hour per-day basis, in a neat, clean and sanitary condition, in compliance with all applicable governmental statues. ordinances, rules and regulations and in conformity with established standards for humane animal care. 1. Shelter Hours: The Shelter or shelter representative shall be accessible for contact 24 hours per day, seven days a week on an emergency response basis. The animal shelter facility shall be opened to the public, with qualified staff on the premises, at least 40 Page 128 of 136 hours each week, one day being Saturday, on a schedule approved by the ACA. The shelter will be closed on the following Holidays. a. Holiday Schedule i. New Year's Day ii. Memorial Day iii. Independence Day iv. Labor Day v. Veterans Day vi. Thanksgiving Day vii. The day after Thanksgiving viii. Christmas Day 2. Delivery of Animals: The Contractor shall provide a procedure whereby animals may be delivered to the shelter on a 24-hour basis. 3. Building: Contractor shall equip and organize the shelter to have an adequate number of dog kennels and cat cages, isolation facilities for sick dogs and cats, quarantine facilities for biters or injured animals which are not necessarily sick, and access to large animal housing. The animal shelter shall be maintained in a clean and sanitary condition and the Contractor will not permit any condition to exist that might constitute a public nuisance. The kennel shall comply with the standards set forth in the Humane Society's Uniform Standards Guidelines (HSUS) for the operation of an animal shelter. The facility site shall be operated in conformance with local zoning regulations and shall comply with all Federal, State and local regulations. Contractor shall acquaint themselves with all applicable State and City ordinances and shall be responsible for obtaining all necessary approvals, permits and business licenses from each City. 4. Acceptance and Care of Animals: The Contractor shall provide care and treatment to all animals held in custody consistent with industry standards. Adequate housing and food shall be provided, and the shelter shall not be overpopulated. 5. Owner Surrender: The Contractor shall accept “Owner Surrender” of dog(s) and/or cat(s), upon payment of such reasonable cost to be established by the Contractor and reviewed by the ACA, to recover expenses relating to acceptance of such animals. 6. Reunification: Contractor must make all reasonable attempts to reunite animal with owner before euthanasia or adoption to include accessing current licensing records, using contact information on owner provided tags worn by the animal and scanning all animals to the extent possible to detect implanted computer chips. The owner, if determined, shall be contacted immediately. If contact cannot be established through phone or in person, a written notice shall be sent to the owner’s listed address at least two days prior to a hold being removed. Records of attempts to contact the owner shall be kept. Impounded animals shall be posted on the website and/or any social media outlets utilized within one business day of receipt of the animal. 7. Adoption: The Contractor shall be responsible for making every reasonable effort to prepare and present animals for adoption by the public and to facilitate the same. Page 129 of 136 Unclaimed animals will be made available for claim by ACA approved adoption agencies. The adoption process shall take place as determined by the ACA in consultation with the Contractor. Unclaimed animals are hereby allowed to be maintained by the Contractor at the Animal Shelter Facility at the expense of the Contractor, as long as space remains available for incoming stray animals. Any and all adoption fees for animals after the required hold times are to be retained by the Contactor. 8. Inspection of Premises: The ACA, through its authorized representatives, shall have the right to enter upon and inspect the premises during regular business hours for the purpose of inspecting the facilities for the above-mentioned conditions. 9. Disposal of Unclaimed Animals: The Contractor shall provide for the humane disposal of unclaimed animals after holding them for a minimum hold time as required by applicable City Ordinance, unless documented, sickness or injury requires earlier disposal Under no circumstances shall animals not adopted be sold for purposes of medical research or other activities without the consent of ACA. Animals that are abandoned or surrendered at the shelter will be held for a minimum period of the hold times that are defined as: dogs 72 hours, cats 24 hours; unless age, sickness, and/or injury requires earlier disposal. Animals that are unable to feed on their own are not required to be held. The Contractor shall be responsible for maintaining animals beyond the minimum time as may be required for the completion of any judicial process or to the extent required by law. Animals held longer than the minimum hold times required by City Ordinance or otherwise stipulated by terms of this contract are at the expense and responsibility of the Contractor. 10. Euthanasia: Arrange and/or provide for the humane euthanasia and disposal of unwanted animals. This shall be accomplished in a manner approved by Federal or State regulations which shall not subject such animals to any unnecessary pain. Euthanasia will be performed in a non-public area and out of sight of visitors to the kennel. Euthanasia will be performed by certified technicians only or under the direction of a certified technician as provided by State law. The manner of euthanasia must be approved by the ACA. The Contractor shall keep comprehensive records and submit regular detail summary reports to the ACA by the 15th of the following month. All income and expenditures shall be recorded in accordance with generally accepted accounting principles. The financial records shall be subject to audit by any governmental agency, or contractor hired by one of the governmental agencies with jurisdiction at the time and place mutually convenient to the parties during the term and for a period of six (6) years thereafter. Contractor understands that certain records may be subject to State-mandated retention. 11. Volunteer Program: The Contractor will encourage community involvement through volunteer opportunities. Volunteer activities could include pet enrichment activities, Page 130 of 136 office help, transportation to vet appointments, donation pick-ups, adoption events, and cleaning tasks. 12. Foster Program: The Contractor will manage a Foster Program to help alleviate overcrowding. The Foster Program will benefit dogs and cats that may have behavior challenges, the elderly, sick or recovering from surgery, and puppies and kittens that need 24/7 care. 13. Education: Provide education to the public. Which can include but not limited to: a. Dog bite prevention program b. Public service announcements c. Community outreach – fair booth, license clinics, special events, etc. 14. Website: Update and maintain all facets of the website. Including: a. Lost & Found Pets b. Adopt a New Pet c. Our Pet List d. Foster Program e. Photo Gallery f. Volunteer Opportunities 15. Telephone Number and Name: The shelter telephone number {509) 545-3740, facsimile number (509) 545-9293 and names, "Tri-City Animal Shelter & Control Services” & "Tri-City Animal Shelter" belong to and are owned by the ACA and will remain the property of the ACA upon termination of this contract. Each Member City of the ACA will list the number along with other City services in Agency directory and/or Agency Website. Additional listings in the yellow pages or other directories are the responsibility of the Contractor. 16. Pound Master: The Contractor shall be the Cities' Pound Master(s). 17. Collect Fees: The Contractor shall be responsible for collecting appropriate impounding and boarding fees, according to the applicable fee schedule for each participating city and submitting such fees to the respective Cities monthly. Failure to collect and submit fees can result in ACA withholding service payment until resolved. 18. Licenses: The Contractor shall ensure that all animals released or adopted are properly licensed and vaccinated for rabies in accordance with City ordinances, and shall remit license fees to the Cities. Equipment 1. The Contractor shall be responsible for and obtain all equipment, tools and supplies used in performing the Contractor's obligations arising under this agreement. All equipment, tools & Page 131 of 136 supplies that are donated to the Contractor for use in obligations under this contract, purchased with ACA funds and/or the ACA has furnished or expressly promises to furnish with set-aside funds shall become property of the ACA upon termination of this contract. ACA funds shall include the approved Contractor budget and any set-aside funding. A current and accurate inventory shall be maintained and provided to the ACA by January 15 each year. The inventory shall include all assets of the contractor that are, or will become property of the ACA. Operating supplies, such as office & cleaning supplies, forms and food are not to be included on the inventory. Contractor shall, upon termination of the contract maintain sufficient and reasonable operating supplies so that an incoming contractor can maintain reasonable service levels without interruption. 2. The Contractor shall stock dog and cat traps, and cat carrying cases, for use by citizens. Additionally, the Contractor shall have computer chip detection equipment to be able to detect and read computer chips in animals to assist in locating the owner. 3. Animal Transport Equipment: The ACA will provide 3 patrol vehicles under this contract as identified in the vehicle set-aside of the Compensation Schedule. Vehicles purchased with ACA funding will remain the property of the ACA upon termination of this contract. The contractor shall be responsible for licensing and maintaining the ACA patrol vehicles to carry out the enforcement activities of the contract. The patrol vehicles shall have a uniform appearance, be conspicuously marked and identified, equipped with communication equipment and equipped in such a manner as to provide humane treatment for the animals transported. Communication equipment may be provided through handheld radio or cellular phone device upon approval of the ACA. Contractor shall provide documentation of comprehensive, bodily injury, liability and property damage insurance coverage for a minimum limit of $1,000,000 for all vehicles used in performance of this contract. The Contractor will begin the initial term of this contract with the following ACA vehicles: 2014 Ford Transit – VIN# NM0LS6E70E1157980 2015 Ford Transit – VIN# NM0LS6E73F1176699 2007 Ford PU – VIN# 1FTRF12277KC62235 2004 Nissan PU – VIN# 1N6DD26TX4C472078 4. The Contractor shall have vehicle(s)/equipment available for hauling large animals and provide documentation of insurance coverage. This and other equipment, tools & Supplies that Contractor provides for use in obligations under this agreement that are not purchased with ACA funds shall remain the property of the Contractor. Other equipment, tools & Supplies that Contractor provides for use in obligations under this agreement that are not purchased with ACA funds shall remain the property of the Contractor. Records and Reports The Consultant shall be required to develop its own record-keeping procedures and to maintain records of all animals it handles in accordance with applicable public records statutes as outline in the Revised Code of Washington. Page 132 of 136 1. Reports including but not limited to: a. Number of impounds b. Number of adoptions c. Number of emergency responses d. Disposition of complaints regarding animals e. Dangerous or potentially dangerous animals and dog-bit incidents f. All initiated criminal citations issued g. Any additional information that may be required by a City through its regulatory ordinances h. Number of animals destroyed by euthanasia 2. The Reports shall include the following information: a. description of animal; b. reason it was brought in; c. who brought in the animal; d. from what City the animal was brought in; e. time frame, of when animal brought in, how long it stayed, when released, redeemed, adopted, euthanized; f. fees collected. g. record of all adoptions with names and addresses of new owner; h. record of licenses sold with names and addresses. 3. Failure to Submit: Failure to submit records, reports and/or fees as required in this agreement to the ACA can result in ACA withholding service payment until resolved. The above-required information shall be available to ACA on a monthly basis on approved forms as requested and shall be accessible to the ACA during normal business hours. Fees collected and record of licenses sold including names and addresses shall be delivered to the appropriate City on a monthly basis. Financial and other statistical information shall be provided monthly by the 15th of the following month as required by ACA. The appropriate City shall also receive records of all dangerous or potentially dangerous dog-bite incidents Page 133 of 136 ATTACHMENT B - COMPENSATION SCHEDULE Animal Control Budget 2020 Enforcement & Sheltering Total Cost Current Staffing Shelter Director 61,800 Admin Assistant 16,640 Supervising Animal Control Officer 47,840 Officer 1 41,200 Officer 2 41,200 Officer 3 38,480 Officer 4 38,480 Dispatcher*29,120 Animal Intake 33,115 Customer Service 27,957 Animal Care Manager 35,020 Kennel Care Technician (part-time 30 hrs)21,060 Kennel Care Technician (part-time 30 hrs)21,060 Kennel Care Technician (part-time 30 hrs)21,060 Kennel Care Technician (part-time 30 hrs)21,060 Kennel Care Technician (part-time 30 hrs)*21,060 sub total 516,152 Benefit Cost Medicare 6,970 Social Security 29,801 Suta/Futa 4,614 L&I 16,524 Health Insurance 70/30 72,000 Dental Insurance 75/25 6,000 sub total 135,909 Salary and Benefits Sub-total 652,061 Answering Service 14,890 Legal 700 Veterinary - court cases/cruelty 10,000 Equipment (traps/catch poles, etc)3,500 Page 134 of 136 Training 3,000 Radio/Phone/Cell Phones 14,572 Uniforms 2,500 Operating Supplies Euthanasia/sedatives/syringes 515 Cleaners 4,500 Kitty Litter 5,000 Business License 550 Leasher/Collars 150 Office Supplies 3,500 Animal Food 2,577 Chip Equipment/repair 620 Gloves/animal handling 200 Cippers/Blades 50 Vaccinations (disease control)500 BLDG Maintenance/Repair 2,000 Garbage Service 2,700 Cremation 10,200 Liability Insurance 8,495 Vehicle Insurance 13,844 Vehicle main/repair 7,000 Gas/Oil 12,000 Operating Cost Sub-total 123,563 Total Annual Compensation 775,624 Monthly Allocation 64,635 Page 135 of 136 Kenbrio, Inc., 1708 SE 41st Avenue, Portland, Oregon 97214 Phone: (360) 546-5640/ Kenbrio3@gmail.com / www.kenbrio.com/gov August 17, 2019 Mr. David Zabell, City Manager City of Pasco 525 N.3rd Avenue Pasco, WA 99301 Subject: City of Pasco City Manager Evaluation 2018/2019 – Final Report Dear Mr. Zabell and City Council, It has been my pleasure to again serve the City of Pasco by assisting the City Council in the evaluation of the City Manager. The formal evaluation is guided by the City Manager’s employment contract. This required evaluation provides an opportunity to examine the perceptions and conclusions of the City Council about the City Manager’s performance with regard to progress in the attainment of goals identified by the City Council and to additionally consider other elements of managerial practice for advisory purposes. The evaluation was accomplished using the six-step process prescribed in the Letter of Engagement with the facilitator Conclusion Based on a review of the City Manager’s activities, attributes and initiatives, the City Council indicated their appreciation of the City Manager’s high skills, willingness to take ownership of issues at hand, demonstration of a balance between leadership and management, compassion and success in forming a good team. Looking toward the future, the Council enlisted the City Manager’s thoughts and efforts to facilitate scheduling Council representation at community functions, deploying an employee engagement survey to solicit their organizational impressions, improving the development process and streamlining it for minor projects, and lastly, developing measures to determine the effectiveness of code changes over time. David Mercier Facilitator Page 136 of 136