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HomeMy WebLinkAbout2020.02.10 Council Workshop PacketWorkshop Meeting AGENDA PASCO CITY COUNCIL 7:00 p.m. February 10, 2020 Page 1. CALL TO ORDER: 2. ROLL CALL: (a) Pledge of Allegiance 3. VERBAL REPORTS FROM COUNCILMEMBERS: 4. ITEMS FOR DISCUSSION: 3 - 31 (a) Animal Shelter Update 32 - 37 (b) Parking Code Updates 38 - 46 (c) PMC Amendments - Based on Code Publishing Recommendations 5. MISCELLANEOUS COUNCIL DISCUSSION: 6. EXECUTIVE SESSION: 7. ADJOURNMENT: (a) REMINDERS: • Monday, February 10, 11:45 AM: Pasco Chamber of Commerce Membership Luncheon – Pasco Red Lion Hotel • Monday, February 10, 6:00 PM: Old Fire Pension Board Meeting – City Hall Conference Room 1, Pasco City Hall (MAYOR SAUL MARTINEZ, Rep.; MAYOR PRO TEM BLANCHE BARAJAS, Alt.) • Thursday, February 13, 7:00 PM: Ben Franklin Transit Board Meeting – Transit Facility (COUNCILMEMBER RUBEN ALVARADO, Rep.; COUNCILMEMBER ZAHRA ROACH, Alt.) • Tuesday, February 18, 6:00 PM: RESCHEDULED LEOFF Page 1 of 46 Workshop Meeting February 10, 2020 Disability Board – City Hall Conference Room 1, Pasco City Hall (MAYOR SAUL MARTINEZ, Rep.; MAYOR PRO TEM BLANCHE BARAJAS, Alt.) • Tuesday, February 18, 4:00 PM: Pasco Public Facilities District Board Meeting – Council Chambers, Pasco City Hall (MAYOR PRO TEM CRAIG MALONEY, Rep.; COUNCILMEMBER DAVID MILNE, Alt.) 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 2 of 46 AGENDA REPORT FOR: City Council January 9, 2020 TO: Dave Zabell, City Manager Workshop Meeting: 2/10/20 FROM: Zach Ratkai, Director Administrative & Community Services SUBJECT: Animal Shelter Update I. REFERENCE(S): Powerpoint Presentation II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Presentation and Discussion III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: The current Tri-City Animal Shelter is located at 1312 South 18th Avenue in Pasco and has been in operation since the 1950s, with the main building being constructed in 1950, and a second main building in 1975. The entire complex is located on 1.5 acres, with building square footage exceeding 8,600 square feet. The shelter officially holds 61 dog kennels and 88 cat units. The Tri-City Animal Control Authority, was established as an intergovernmental agency in 1998 between the cities of Pasco, Kennewick, and Richland and currently is the authority that controls both sheltering and enforcement operations through a third party contract with the Chicle Animal Foundation. They have been under contract by the authority since April of 2019, and the competitive process for shelter operations and management has been in place since 2007. Beginning in 2009, the Tri Cities (led by the City of Pasco) identified the need and began assessing options for a new animal shelter to replace the aging shelter through a multi-jurisdictional committee. Assessment and feasibility were studied, culminating in a white paper in 2015 that identified a number of different operational scenarios, building sizes, staffing levels, and levels of service to community. This white paper anal yzed the different alternatives for service and provided direction for the group to make a determination on a site and project design cost-sharing agreement. Page 3 of 46 Based on this information, in 2017, a site directly to the west of the current shelter was selected and an RFP was issued to solicit a firm to conduct a feasibility study and design for the new facility. Meier Architects was selected and began design for the shelter. In early 2018, due to concerns about the soils, groundwater, as well as the need modernize utilities on the site, the shelter site was moved to a location on the Pasco Boothe Fields (little league) complex along A Street. Design for the building was completed in late summer 2019, and lot layout (including an associated project for the Pasco Little League funded as a Pasco parks project) is at 60% design currently. Cost estimates received after final design exceeded estimates provided early on in the process of concept development and design, prompting all three civic partners to analyze the current option further. V. DISCUSSION: Staff will present a historical run-down of the Tri-City Animal Control Authority, and an update on its current operations. Additionally, staff will update the City Council on the current status of the new shelter planning. Page 4 of 46 Tri -City Animal Control Authority OPERATIONS and FACILITY Update RICHLAND CITY COUNCIL –FEBRUARY 4, 2020 PASCO CITY COUNCIL –FEBRUARY 10, 2020 KENNEWICK CITY COUNCIL –FEBRUARY 11, 2020 Page 5 of 46 Why Are we Here? History of the ACA Roles of ACA and Contractor Current Shelter Operations & Statistics History of Design Project Community Concerns Page 6 of 46 Tri -City Animal Control Authority ACA and Contractor Page 7 of 46 Tri Cities Animal Control Purpose Interlocal Cooperative Agreement for Animal Control –2005 Richland, Pasco and Kennewick Purpose of Agreement: Create a Management Committee Sharing of Services and Responsibilities Efficiencies Cost Savings Establish an Operating Jurisdiction (Pasco) Preserve each city’s ability to establish its own individual standards, regulation and fees Page 8 of 46 BASIC SERVICES Regulation Apprehension Vicious, Dangerous, Stray, and Lost Animals Removal of dead animals: public rights-of-way Impounding and boarding of apprehended animals Transfer, Foster, Adoption, or Euthanasia of unclaimed animals Disposal of animal remains Enforcement of licensing regulations (per applicable City) Owner notification of found animals and identi-code retrievals Page 9 of 46 Animal Control Authority Responsibilities Management Committee: Accomplish the purpose of the Interlocal Cooperative Agreement Establish policies for the Animal Control Plan Approve and execute contracts for services Develop a proposed annual budget Reporting to Cities and Stakeholders Provide venue for dispute resolution Chaired by Staff of Operating Jurisdiction (Pasco) Page 10 of 46 Animal Control Authority Responsibilities Operating Jurisdiction (Pasco): Responsible for the day to day operation Enforcement of rules, regulations and ordinances Provides all necessary support services such as accounting, legal services, risk management and personnel management Manage all contracts with any independent contractors or other entities for services Administer all rules, regulations and policies established by the management committee and issue a periodical report Amendment No. 1 (March, 2007), approved City of Pasco as operating jurisdiction Assessments of Shared Costs: Amendment No. 2, June 2008 Basic fixed cost which will be equally divided among the cities with variable expense which shall be divided amount the cities based upon their percentages of use Page 11 of 46 Animal Control Service Currently Contract for Animal Control Services -Agreement No. 19034, dated March 29, 2019; extended through Dec 31, 2020 Contractor: Chicle Animal Foundation, Director Deborah Sporcich Independent Contractor: all persons employed to furnish services are employees of the Contractor Permitted use of the Animal Shelter shall be used for animal control operations conducted for the Cities of Kennewick, Pasco and Richland…. And for no other purpose without the written consent of the ACA. Contractor will develop a set of written operational procedures relating to daily operations, including but not limited to euthanasia procedures. Subject to ACA approval and Contractor shall be accountable for compliance. Page 12 of 46 Animal Control Service Currently Contractor shall provide: Services in specified areas within the Benton &Franklin Counties for the Cities of Kennewick, Pasco & Richland Telecomm services, garbage disposal, janitorial services, and security services Collect appropriate impound and boarding fees and remit to the Cities Duties and Responsibilities: Enforcement of applicable animal codes for all three cities. Taking animals into custody, Transporting animals Investigating animal control complaints, Page 13 of 46 Contractor Duties and Responsibilities, Cont. Extensive Scope of Services included with the contract: ◦Facility operated and maintained on a 24hr/day basis in a neat, clean and sanitary condition… ◦24/7 accessibility for emergencies (response and delivery) ◦Building: ◦Equip for proper capacity, quarantine section, court-holds ◦Provide for adequate food and resources. ◦Maintain shelter in a clean and sanitary condition and not permit any condition to exist that might constitute a public nuisance. ◦Make all reasonable attempts to reunite animal with owner before adoption, foster, transfer, or euthanasia Min. hold times: dogs 72 hrs, cats 24 hrs-unless age, sickness and/or injury requires earlier disposal. Page 14 of 46 Contractor Duties and Responsibilities, Cont. Unclaimed animals: Effort for fostering, adoption, transfer should be taken. Can be kept on premises providing it does not exceed capacity. Maintaining animals beyond the minimum time or extent required by law are at the expense and responsibility of the Contractor. Disposal of unclaimed animals: Under no circumstances shall animals not adopted be sold for medical purposes without consent of ACA Arrange and/or provide the humane euthanasia and disposal of unwanted animals. Encourage community involvement through volunteer opportunities Manage a Foster Program to help alleviate overcrowding. Provide education to the public Website management and marketing Responsible and obtain all equipment tools and supplies used Maintain all records of animals it handles Activities not covered: Contractor not generally responsible for rehab 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 the state law. Page 15 of 46 Tri -City Animal Control Authority CURRENT FACILITY Page 16 of 46 Status of Current Shelter Built in the 1950s, added on in the 1970s 8,620 total sq ft –Capacity 61 dogs, 88 cats Houses Animal Control staff, operations, shelter staff, and volunteers. Maintenance and Inspections Increased effort Replaced sinks, lighting Replace Ceiling Tiles Deep clean Page 17 of 46 Shelter Statistics Shelter Stats Intake Outcome 2016 Dog 1327 1332 Cat 1341 1319 2017 Dog 1401 1411 Cat 1425 1429 2018 Dog 1577 1547 Cat 1385 1355 2019 Dog 1217 1201 Cat 1264 1146 2020 (Jan)Dog 1336 1318 Cat 1354 1281Page 18 of 46 Current Shelter –Budgets (Operations and Enforcement) Budget 2020 Staffing $516,152 16 employees Benefits $135,909 For Benefit Eligible Employees Operations/Equip $123,563 -Director -4 ACOs + Supervisor -Customer Service/Care Technicians Total Annual $775,624 Per City Annual $258,541 Per City Monthly $21,545 Page 19 of 46 Tri -City Animal Control Authority PROPOSED NEW FACILITY PROJECT Page 20 of 46 History •2016 •Interlocal Agreement for Design and Construction •Committee to determine most fiscally responsible construction and/or partnership option•City of Pasco lead agency for project •Provide contract management services •Secure monthly progress payments from Kennewick and Richland •Final audit of project. •2017 •Feasibility Study conducted (Meier Architects/Shelter Planners of America) •Guided design of Shelter •2009 Shelter Need Identified •2015 White Paper completed by consultant (Anne Pflug Study) •Based on interviews •Over 40 stakeholders, elected officials, •Site assessments •Cost Estimates (approx. $4million, 2015) •Review of intake/outcome trends Page 21 of 46 History •2018-2019 •Shelter Design Commenced, completed in 2019. •Original Site, adjacent to current shelter •too costly for land development and utilities •Shelter Site Moved •A Street, better visibility, easier utility hookups •Design Completed, over $6 million construction cost. Page 22 of 46 Shelter Costs Estimated cost per SqFt is higher than other notable shelter type facilities Committee is value engineering and cost reductions more in line with similar shelters like SCRAPS. Mainly materials, aesthetics Examining a number of options Full build, remodels, partnership Discussions with potential partners such as Benton County Animal Control and H.S.Page 23 of 46 Tri -City Animal Control Authority COMMUNITY CONCERNS Page 24 of 46 Community Concerns –Shelter Conditions Shelter is in bad shape; unsafe for animals, staff, and public ◦The shelter is scheduled for replacement •Pasco toured facility with CBO and Facilities Manager •No Building Code violations seen •Upgrades to lighting, plumbing, and heating fixtures •Replace ceiling tiles •Regular inspections •Deep cleaning done December 2019 Page 25 of 46 Community Concerns Shelter is overpopulated (undersized) Contractor’s responsibility to manage overpopulation per Contract Handicapped cannot come to the shelter Older building, Pasco ADA official will look into this. POPP and Community Partnerships Opportunity for partnership Not necessarily tied to shelter Pasco working on all optionsPage 26 of 46 Community Concerns History of Design You are building something too fancy The ACA is value engineering the project We were promised a new shelter in 2009 The need was identified in 2009; Security and Crime Two Years Crime stats Shelter Capacity New Shelter Designed for Modern Operations More Administrative Space Based on study promoting more adoptions and shorter staysPage 27 of 46 Community Concerns Current Design Some cities are holding up the construction project All 3 Cities agreed to build shelter. Costs came in, over the course of 4 years, higher than estimated. Cities want to consider all options and opportunities for cost-effective project. The Cities have not funded their fair share of the construction costs All cities appropriated funding that was estimated at the time of the original agreement Inflation for construction, materials, site design, estimated higher. Cities studying options Page 28 of 46 Community Concerns Council Conversations What is being done to further educate the public? How are contractor responsibilities being addressed? What is the animal per square footage ratio for the current and designed shelter? What is the community-wide capacity for housing animals? What does Franklin County do for animal control and sheltering? What is being done about educating pet owners in the community? How many animals has the TC Animal shelter turned away due to capacity? Page 29 of 46 In Closing Two Interlocal Agreements -Operations and Enforcement -Building a New Shelter Costs higher than Estimated Shelter team looking into options and ideas Cost Effective Stewardship of Tax Dollars, Address the needs for Community. Page 30 of 46 UPCOMING City Council Workshops Address Additional Questions/Comments -Current Plan vs. New Concepts -Locations -Partnerships Analyze Feedback and Report Back Page 31 of 46 AGENDA REPORT FOR: City Council January 21, 2020 TO: Dave Zabell, City Manager Workshop Meeting: 2/10/20 FROM: Ken Roske, Police Chief Police Department SUBJECT: Parking Code Updates I. REFERENCE(S): Proposed Ordinance Amending PMC Section 10.65.030, Extended Unauthorized Parking Prohibited II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Discussion III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: In 2016, the City Council adopted changes to its parking regulations to address the occurrence of vehicles being stored within the right-of-way for long periods of time and to begin regulating long-term parking issues within neighborhoods throughout the City. Police and Code Enforcement staff have been enforcing the these regulations over the past three years. This presentation is to inform Council of the effectiveness of the current code and to discuss possible modifications to improve the effectiveness of the program. V. DISCUSSION: While the 2016 amendments have been helpful in dealing with some long-term cases, staff is seeing a rise in vehicles abandoned on the residential streets in the last few years. Staff tasked with enforcing the code, attribute the lengthy process to which an abandoned vehicle may be removed, as an impediment to the Council’s intent of ridding City streets of abandoned vehicles. There have also been complaints by citizens on the ambiguity of some language in the current ordinance, which has caused Page 32 of 46 confusion on how to be in compliance with the code. A multi-worktechnical disciplined -the from staff of Police group comprised Department, Code Enforcement Division and the City Attorney's Office were given the task of evaluating the current regulations, impediments, reviewing statewide best practices and applicable court rulings. The work-group then developed recommendations to improve effectiveness, clarity and implementation guidelines for Council review and guidance. The work-group identified the time requirements as a primary issue in the presence of abandoned vehicles; specifically, the length of time required to declare a vehicle a public nuisance. Potentially abandoned vehicles are brought to the Police Department’s attention in one of three ways: 1. A citizen complaint via online reporting TrakIt software. 2. An officer is dispatched to an area based on a call into dispatch. 3. An officer observes a vehicle matching the criteria while on patrol. The current ordinance for identifying and removing the vehicle is forty-seven (47) days and includes the following steps: 1. A complaint is received, and the officer observes that the vehicle matches the abandoned/nuisance vehicle criteria. This vehicle has a yellow “Warning Notice” placed upon it for fourteen (14) days and the wheel positions are chalked on the roadway. 2. The officer returns after fourteen (14) days and if the vehicle has not moved a Parking Citation is issued. This vehicle is now allowed to stay in it's current position for an additional thirty (30) days. 3. The officer returns for a third time and if the vehicle still has not moved, a red 72-Hour Police Tow Warning is placed on the vehicle. 4. After the 72 hours has passed from the issuance of the tow warning, the officer will return for a fourth time and if the vehicle is still not moved, the vehicle can then be towed during regular business hours. While the current ordinance is an improvement from prior regulations, the time provisions and ambiguous language in certain areas have been identified by the work- group as the major impediment to effective enforcement of abandoned vehicles in residential neighborhoods. An identified hurdle in the current code is the lacking definition on how far a vehicle must move in order to qualify for a new time period to be started. The Police Department has found that vehicles are being moved slightly; as little as six (6) inches, and because the definition is missing, the forty-seven (47) day cycle begins again. This Page 33 of 46 issue is resolved by amending PMC Subsection 10.65.030(8), stating that the vehicle must be moved a minimum of twenty (20) feet for a duration of forty-eight (48) hours from where the violation occurred. When evaluating the current code, the work-group reviewed parking laws of other municipalities as well as current rulings by the Washington State Supreme Court. The proposed changes to the code are an effort to maintain a quality of life and safety for those who reside in and visit the City of Pasco. The proposed ordinance more appropriately defines unauthorized vehicles that remain on the City Police the of efforts enforcement the timeliness as well as streets to Department and Code Enforcement Division personnel. The proposed ordinance accomplishes the following: 1. Shortens the overall time of handling abandoned and derelict vehicles in response to Council and citizen concerns. 2. Requires officers to observe the violation in person, not solely by a complaint. 3. Provides direction definitions and clears other currently ambiguous language. 4. Establishes a shorter time period (24 hours) for vehicles not registered in Pasco, and (72 hours) for those registered in Pasco (based solely on being abandoned). 5. States that officers shall make a reasonable attempt to contact the registered owner before removing a vehicle solely on the basis it being abandoned. Staff is requesting discussion and direction from Council. Page 34 of 46 Ordinance Amending PMC 10.65.030 - 1 ORDINANCE NO. ______ AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON, AMENDING PASCO MUNICIPAL CODE SECTION 10.65.030 “EXTENDED UNAUTHORIZED PARKING PROHIBITED” WHEREAS, there has been a great deal of concern surrounding abandoned and junk vehicles on City streets and the health and safety concerns attributed thereto; and WHEREAS, it is a continuing source of frustration to the Pasco community as well as to the City of Pasco employees related to the difficulties of enforcing the City’s current municipal codes regarding unauthorized parking. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1.That Section 10.65.030, entitled “Extended unauthorized parking prohibited” of the Pasco Municipal Code, shall be and hereby is amended to read as follows: 10.65.030 Extended unauthorized parking prohibited. (1) Statement of Purpose. In an effort to maintain a quality of life and safety for those residing in and visiting the City of Pasco, residents shall make every effort to park within the property boundaries of their residence, and/or owned property. If a resident is unable to park in front of their property, every effort should be made to park within fifty (50) feet of their property line. Vehicle owners shall make an effort to keep vehicles parked on the roadway currently registered and in proper working order. (2) Definitions for the purpose of this chapter: “Abandoned vehicle” means any vehicle or hulk left within the right-of-way of any public street, highway, alley or way open to the public for a period of twenty-four hours. “Automobile hulk” or “hulk” or “junk vehicle” means a motor vehicle or remnant or remains thereof which is apparently inoperable and is extensively damaged or missing vital parts or mechanisms. “Unauthorized vehicle” means a vehicle that is subject to impoundment at the direction of the City after being left unattended in one of the following locations for the indicated period of time: (a) Constituting a traffic hazard (see RCW 46.55.113). Subject to removal: Immediately. Page 35 of 46 Ordinance Amending PMC 10.65.030 - 2 (b) Abandoned and tagged (see RCW 46.55.085). Subject to removal: seventy-two (72) hours after attachment of tag. Common indications of unauthorized extended vehicle parking include, but are not limited to: flat tires, broken out vehicle windows, leaking vehicle fluids, vehicle on stands/jacks, and wind blow accumulation of debris/trash/tumbleweeds. (3) The provisions in this Code grant the Pasco Police Department and its Officers, the authority to tow abandoned vehicles on public property and/or public roadways for criteria contained herein. (14) No person shall park a vehicle on any street or other municipal property for a period of time longer than 14 daysone hundred and twenty hours (5 days), without said vehicle moving, unless an official posted sign provides a shorter period of time, or unless otherwise provided by law. This timeline begins when an Officer observes the vehicle in person, and is not based solely on a citizen complaint. (25) Authorized vehicles on municipal property are excluded from the provisions of this section, as are vehicles displaying valid proof of payment when parked in spaces controlled by a parking payment device. (36) Penalties. Any vehicle found to be in violation of this section is declared to be a public nuisance, and shall be subject to a class 1 civil penalty as set by PMC 10.20.080. Any vehicle cited under this section two or more times in any 180-day period or that remains in violation of this section 30seventy-two (72) hours or more days after citation and a tow notice is affixed in a conspicuous place, may be impounded if no operator is present who will immediately comply with this section. (47) Notice to Owner. A law enforcement officer discovering a previously cited and unauthorized vehicle as described in subsection (32) of this section left within a street right-of- way or other municipal property shall attach to the vehicle a readily visible notification. The notification shall contain the following information: (a) The date and time the notification was attached; (b) The identity of the officer; (c) A statement that if the vehicle is not removed within seventy-two (72) hours from the time the notification is attached, the vehicle may be taken into custody and stored at the owner’s expense; (d) A statement that if the vehicle is not redeemed as provided in RCW 46.55.120, the vehicle may be declared an abandoned vehicle and sold according to the terms of RCW 46.55.130; and (e) The address and telephone number where additional information may be obtained. Page 36 of 46 Ordinance Amending PMC 10.65.030 - 3 (58) Relocation of a vehicle for purposes of avoiding impound or citation is prohibited. Vehicles must be relocated a minimum of twenty (20) feet for a minimum duration of forty-eight (48) hours from the location where the vehicle was noticed or the citation issued. (9) It should be the general procedure that a warning notice/tow warning notice will be placed in a conspicuous location upon the vehicle for at a minimum twenty-four (24) hours and up to seventy-two (72) hours for vehicles registered to Pasco addresses prior to removal. Prior to removing a vehicle for the sole reason of the vehicle being abandoned, Officers shall attempt contact with the registered owner (R/O) using reasonable means. (610) Unauthorized storage of personal effects, in conjunction with use of a vehicle or not, on any public street or municipal property is prohibited. (11) Nothing in this section prohibits an Officer from immediately towing a vehicle under authority granted to them by the Revised Code of Washington (RCW) or the Washington Administrative Code (WAC). [Ord. 4295, 2016; Ord. 4282, 2016; Code 1970 § 10.52.035.] 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, Washington, this ____day of _______________, 2020 _____________________________ Saul Martinez Mayor ATTEST: APPROVED AS TO FORM: ______________________________ __________________________________ Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorney Published: ____________________ Page 37 of 46 AGENDA REPORT FOR: City Council TO: Dave Zabell, City Manager Workshop Meeting: 2/10/20 FROM: Eric Ferguson, Attorney Executive SUBJECT: PMC Amendments - Based on Code Publishing Recommendations I. REFERENCE(S): Proposed Ordinance II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Discussion III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: In 2018, the City of Pasco contracted with Code Publishing Company to re-codify and host the Pasco Municipal Code (PMC) on an on-going basis. As a part of the re- codification process, Code Publishing also performed a legal review of the PMC and reviewed all sections of the PMC for consistency, archaic language, internal conflicts, as well as compliance with state and federal laws. A detailed report was provided to the City Attorney after the completion of the review. The City Attorney and his staff have completed its review of the report and the proposed code amendments within the attached ordinance is the first of four or more such ordinances to bring the PMC up to standards in terms of removing conflicting text and meeting the requirements of state and federal laws. V. DISCUSSION: Page 38 of 46 Ordinance - 1 ORDINANCE NO. ______ AN OMNIBUS ORDINANCE OF THE CITY OF PASCO, WASHINGTON, AMENDING SECTIONS 2.45.020, 9.20.050, 9.125.040, 9.125.050, 9.130.020 AND 9.135.030 OF THE PASCO MUNICIPAL CODE, UPDATING AND CLARIFYING PROVISIONS OF THE MUNICIPAL CODE WHEREAS, the Municipal Code for the City of Pasco has recently undergone a comprehensive re-codification and review for consistency and clarity of text; and WHEREAS, in working through the re-codification and review, certain code provisions were deemed to be in need of clarification so text was consistent with other provisions and intended purposes were plainly understood. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. That Section 2.45.020, entitled “Term of Office” [Planning Commission] of the Pasco Municipal Code, shall be and hereby is amended to read as follows: 2.45.020 Term of office. The term of office of the eight Commission members appointed by the Mayor shall be six years. [Ord. 1558 § 2, 1972; Code 1970 § 2.18.020.] Section 2. That Section 9.20.050, entitled “Crimes included in harassment” [Personal Harassment] of the Pasco Municipal Code, shall be and hereby is amended to read as follows: 9.20.050 Crimes included in harassment. As used in this chapter, “harassment” may include but is not limited to any of the following crimes: (1) Harassment (PMC 9.20.010 or RCW 9A.46.020); (2) Malicious harassment (PMC 9.15.060 or RCW 9A.36.080); (3) Telephone harassment (RCW 9.130.230); (4) Assault in the first degree (RCW 9A.36.011); (5) Assault of a child in the first degree (RCW 9A.36.120); (6) Assault in the second degree (RCW 9A.36.021); (7) Assault of a child in the second degree (RCW 9A.36.130); Page 39 of 46 Ordinance - 2 (8) Assault in the fourth degree (RCW 9A.36.041); (9) Simple assault (PMC 9.15.030) or Simple Assault – Domestic Violence (PMC 9.15.040(3)); (10) Reckless endangerment in the second degree (PMC 9.15.070 or RCW 9A.36.050); (11) Extortion in the first degree (RCW 9A.56.120); (12) Extortion in the second degree (RCW 9A.56.130); (13) Coercion (PMC 9.140.070 or RCW 9A.36.070); (14) Burglary in the first degree (RCW 9A.52.020); (15) Burglary in the second degree (RCW 9A.52.030); (16) Criminal trespass in the first degree (PMC 9.115.020(1) or RCW 9A.52.070); (17) Criminal trespass in the second degree (PMC 9.115.020(2) or RCW 9A.52.080); (18) Malicious mischief in the first degree (RCW 9A.48.070); (19) Malicious mischief in the second degree (RCW 9A.48.080); (20) Malicious mischief in the third degree (PMC 9.115.0809.115.090 or RCW 9A.48.090); (21) Kidnapping in the first degree (RCW 9A.40.020); (22) Kidnapping in the second degree (RCW 9A.40.030); (23) Unlawful imprisonment (RCW 9A.40.040); (24) Rape in the first degree (RCW 9A.44.040); (25) Rape in the second degree (RCW 9A.44.050); (26) Rape in the third degree (RCW 9A.44.060); (27) Indecent liberties (RCW 9A.44.100); (28) Rape of a child in the first degree (RCW 9A.44.073); (29) Rape of a child in the second degree (RCW 9A.44.076); Page 40 of 46 Ordinance - 3 (30) Rape of a child in the third degree (RCW 9A.44.079); (31) Child molestation in the first degree (RCW 9A.44.083); (32) Child molestation in the second degree (RCW 9A.44.086); (33) Child molestation in the third degree (RCW 9A.44.089); (34) Stalking (PMC 9.20.090 or RCW 9A.46.110); (35) Residential burglary (RCW 9A.52.025); (36) Violation of a temporary or permanent protective order issued pursuant to Chapters 9A.46, 10.14, 10.99, 25.09, or 26.50 RCW; (37) Unlawful discharge of laser in the first degree (RCW 9A.49.200); and (38) Unlawful discharge of a laser in the second degree (RCW 9A.49.030). [Ord. 3484 § 4, 2001; Ord. 2912 § 1, 1992; Code 1970 § 9.08.050.] Section 3. That Section 9.125.040, entitled “Owner responsibility” [Dust Control] of the Pasco Municipal Code, shall be and hereby is amended to read as follows: 9.125.040 Owner responsibility. Any person owning a site whether vacant or developed within the City of Pasco shall be responsible for employing the best available control methods and the best available technology to prevent the release of fugitive dust into the ambient air. [Ord. 3414 § 1, 2000; Code 1970 § 9.56.040.] Section 4. That Section 9.125.050, entitled “Control Plan” [Dust Control] of the Pasco Municipal Code, shall be and hereby is amended to read as follows: 9.125.050 Control plan. Any person that begins construction within the City of Pasco must, prior to beginning said construction, file a written fugitive dust control plan with the Building Inspector. Said control plan shall incorporate the best available control methods and the best available technology for controlling fugitive dust. No building permit or authorization to proceed with construction will be granted by the City until a control plan has been submitted. In all cases, acceptance of a proposed plan by the City and implementation of the plan by the permittee does not relieve the permittee from the obligation to control dust. [Ord. 3414 § 1, 2000, Code 1970 § 9.56.050.] Section 5. That Section 9.130.020, entitled “Definitions” [Noise Regulation] of the Pasco Municipal Code, shall be and hereby is amended to read as follows: Page 41 of 46 Ordinance - 4 9.130.020 Definitions. “Background sound level” means the level of all sounds in a given environment, independent of the specific source being measured. “dBA” means the sound pressure level, in decibels, measured using the A-weighting network on a sound level meter. The sound pressure level, in decibels, of a sound is 20 times the logarithm to the base 10 of the ratio of the pressure of the sound to a reference pressure of 20 micropascals. “Director” means the Director of Community and Economic Development. “Distribution facilities” means any facility used for distribution of commodities to final consumers, including facilities of utilities that convey water, wastewater, natural gas, and electricity. “EDNA” means the environmental designation for noise abatement, being an area or zone (environment) within which maximum permissible noise levels are established. “Leq” means the equivalent continuous sound pressure level. A measure of the average sound pressure level during a period of time, in decibels. “Noise” means the intensity, duration and character of sounds, from any and all sources. “Person” means any individual, corporation, partnership, association, governmental body, state agency or other entity whatsoever. “Property boundary” means the surveyed line at ground surface, which separates the real property owned, rented, or leased by one or more persons, from that owned, rented, or leased by one or more other persons, and its vertical extension. “Receiving property” means real p roperty within which the maximum permissible noise levels specified herein shall not be exceeded from sources outside such property. “Sound level meter” means a device which measures sound pressure levels and conforms to Type 1 or Type 2 as specified in the American National Standards Institute Specification S1.4.1971 S14a-1985. [Ord. 3591 § 1, 2002; Code 1970 § 9.61.010.] Section 6. That Section 9.135.030, entitled “Redemption rights and hearing procedures” [Abandoned Vehicles and Vehicle Hulks] of the Pasco Municipal Code, shall be and hereby is amended to read as follows: 9.135.030 Redemption rights and hearing procedures. (1) Redemption Requirements. Page 42 of 46 Ordinance - 5 (a) Vehicles impounded by registered tow truck operators pursuant to RCW 46.52.170, 46.61.565, or PMC 9.135.020(2) may be redeemed only under the following circumstances: (i) Only the legal owner, the registered owner, a person authorized by the registered owner, or one who has purchased a vehicle from the registered owner, who produces proof of ownership or written authorization and signs a receipt therefor, may redeem an impounded vehicle. (ii) The vehicle shall be released upon the presentation to any person having custody of the vehicle of commercially reasonable tender sufficient to cover the costs of towing, storage, or other services rendered during the course of towing, removing, impounding, or storing any such motor vehicle. Commercially reasonable tender shall include, without limitation, cash, major bank credit cards, or personal checks drawn on in-state banks if accompanied by two pieces of valid identification, one of which may be required by the operator to have a photograph. Any person who stops payment on a personal check or does not make restitution within 10 days from the date a check becomes insufficient due to lack of funds to a towing firm that has provided a service pursuant to this section or in any other manner defrauds the towing firm in connection with services rendered pursuant to this section shall be liable for damages in the amount of twice the towing and storage fees, plus costs and reasonable attorney’s fees. (b) (i) The towing company shall give to each person who seeks to redeem an impounded vehicle written notice of the right of redemption and opportunity for a hearing, which notice shall be accompanied by a form to be used for requesting a hearing, and a copy of the twotow and storage receipt. The towing company shall maintain a record, evidenced by the redeeming person’s signature, that such notification was provided. (ii) Any person seeking to redeem an impounded vehicle under this section has a right to a hearing in the district court for the jurisdiction in which the vehicle was impounded to contest the validity of the impoundment or the amount of towing and storage charges. Any request for a hearing shall be made in writing on the form provided for that purpose and must be received by the district court within 10 days of the date the opportunity was provided for in subsection (2)(a) of this section. If the hearing request is not received by the district court within the 10-day period, the right to a hearing is waived and the registered owner is liable for any towing, storage, or other impoundment charges permitted under this chapter. Upon receipt of a timely hearing request, the district court shall proceed to hear and determine the validity of the impoundment. (c) (i) The district court, within five days after the request for a hearing, shall notify the registered tow truck operator, the person requesting the hearing if not the owner, and the registered and legal owners of the motor vehicle in writing of the hearing date and time. Page 43 of 46 Ordinance - 6 (ii) At the hearing, the person or persons requesting the hearing may produce any relevant evidence to show that the impoundment, towing, or storage fees charged were not proper. (iii) At the conclusion of the hearing, the district court shall determine whether the impoundment was proper, whether the towing or storage fees chargescharged were in compliance with the posted rates, and who is responsible for payment of the charges. (iv) If the impoundment is found proper, the impoundment, towing, and storage fees as permitted under this chapter together with court costs shall be assessed against the person or persons requesting the hearing, unless the operator did not have a signed and valid impoundment authorization from a private property owner or an authorized agent. (v) If the impoundment is determined to be invalid, then the registered and legal owners of the vehicle shall bear no impoundment, towing, or storage costs, and any bond or other security shall be returned or discharged as appropriate, and the person who authorized the impoundment shall be liable for any towing, storage, or other impoundment charges permitted under this chapter. (d) Any impounded vehicle not redeemed within 15 days of mailing of the notice of custody and sale as required by section 11(2) of this act PMC 9.135.020(5)(b) shall be sold at public auction in accordance with all the provisions and subject to all the conditions of subsection 13 (2) of this actsection. A vehicle may be redeemed any time before the start of the auction upon payment of towing and storage costs. (2) Auction – When Permitted – Requirements. (a) If, after the expiration of 15 days from the date of mailing of notice of custody and sale required in section 11(2) of this act by PMC 9.135.020(5)(b) to the registered and legal owners, the vehicle or hulk remains unclaimed and has not been listed as a stolen vehicle, then the registered disposer having custody of the vehicle or hulk shall conduct a sale of the vehicle at public auction after having first published a notice of the dat e, place, and time of the auction in a newspaper of general circulation in the county in which the vehicle is located not less than three days before the date of the auction. The advertisement shall contain a description of the vehicle, including the make, model, year, and license number, and notification that a three-hour public viewing period will be available before the auction. The auction shall be held during daylight hours of a normal business day. (b) The following procedures are required in any public auction of abandoned vehicles: (i) The auction shall be held in such a manner that all persons present are given an equal time and opportunity to bid; Page 44 of 46 Ordinance - 7 (ii) All bidders must be present at the time of auction unless they have submitted to the registered tow truck operator, who may or may not choose to use the pre- auction bid method, a written bid on a specific vehicle. Written bids may be submitted up to five days before the auction and shall clearly state which vehicle is being bid upon, the amount of the bid, and who is submitting the bid; (iii) The open bid process, including all written bids, shall be used so that everyone knows the dollar value that must be exceeded; (iv) The highest two bids received shall be recorded in written form; (v) In case the high bidder defaults, the next bidder has the right to purchase the vehicle for the amount of his or her bid; (vi) The registered tow truck operator shall post a copy of the auction procedure at the bidding site. If the bidding site is different from the licensed office location, the operator shall post a clearly visible sign at the office location that describes in detail where the auction will be held. At the bidding site a copy of the newspaper advertisement that lists the vehicles for sale shall be posted; (vii) All surplus moneys derived from the auction after satisfaction of the tow truck operator’s lien shall be remitted within 30 days to the Department for deposit in the state motor vehicle fund. A report identifying the vehicles resulting in any surplus shall accompany the remitted funds. If the Director subsequently receives a valid claim from the registered vehicle owner of record within one year from the date of the auction, the surplus moneys shall be remitted to the registered owner; (viii) If an operator receives no bid, or if the operator is the successful bidder at auction, the operator shall within 30 days sell the unclaimed abandoned vehicle to a licensed vehicle wrecker, hulk hauler, or scrap processor by use of the abandoned vehicle report-affidavit of sale, or the operator shall apply for title to the vehicle. (c) (i) In no case may the accumulation of storage charges exceed 15 days from the date of receipt of the information by the operator from the Department as provided by PMC 9.135.020(5)(b); (ii) The failure of the registered disposer to comply with the time limits provided in this chapter limits the accumulation of storage charges to five days except where delay is unavoidable. Providing incorrect or incomplete identifying information to the Department in the abandoned vehicle report shall be considered a failure to comply with these time limits if correct information is available. (3) Lien for Services. (a) A registered tow truck operator who has a valid and signed impoundment authorization has a lien upon the vehicle for services provided in the towing and storage of Page 45 of 46 Ordinance - 8 the vehicle, unless the impoundment is determined to have been invalid. However, the lien does not apply to personal property in or upon the vehicle that is not permanently attached to or is not an integral part of the vehicle. The registered operator also has a deficiency claim against the last registered owner of the vehicle for services provided in the towing and storage of the vehicle not to exceed the sum of $300.00 less the amount bid at auction, and for vehicles of over 10,000 pounds gross vehicle weight, the operator has a deficiency claim of $1,000 less the amount bid at auction, unless the impound is determined to be invalid. A registered owner who has completed the seller’s report as provided for by RCW 46.12.101 is relieved of liability under this section. [Ord. 2623 § 1, 1986; Code 1970 § 9.62.030.] Section 7. This Ordinance shall take full force and effect five (5) days after its approval, passage and publication as required by law. PASSED by the City Council of the City of Pasco, Washington, and approved as provided by law this ____ day of _______________, 2020. _____________________________ Saul Martinez Mayor ATTEST: APPROVED AS TO FORM: ______________________________ ____________________________________ Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorney Published: ____________________ Page 46 of 46