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HomeMy WebLinkAbout2020.02.18 Council Meeting PacketRegular Meeting AGENDA PASCO CITY COUNCIL 7:00 p.m. February 18, 2020 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 - 10 (a) Approval of Meeting Minutes To approve the minutes of the Pasco City Council Meeting held on February 3, 2020 and Workshop held on February 10, 2020. 11 - 13 (b) Bills and Communications To approve claims in the total amount of $3,490,989.12 ($2,542,443.03 in Check Nos. 233900-234169; $103,782.77 in Electronic Transfer Nos. 827431-827432, 827434-827436; $19,316.93 in Check Nos. 53184-53202; $825,446.39 in Electronic Transfer Nos. 30144028-30144535). 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 $261,262.14 and, of that amount, authorize $144,677.63 to be turned over for collection. 4. PROCLAMATIONS AND ACKNOWLEDGEMENTS: 14 - 15 (a) Proclamation for "Black History Month" Council to present a proclamation honoring February as "Black History Month" to Vanis Daniels on behalf of the African American Community Cultural and Educational Society. 5. VISITORS - OTHER THAN AGENDA ITEMS: This item is provided to allow Page 1 of 43 Regular Meeting February 18, 2020 citizens the opportunity to bring items to the attention of the City Council or to express an opinion on an issue. Its purpose is not to provide a venue for debate or for the posing of questions with the expectation of an immediate response. Some questions require consideration by Council over time and after a deliberative process with input from a number of different sources; some questions are best directed to staff members who have access to specific information. Citizen comments will normally be limited to three minutes each by the Mayor. Those with lengthy messages are invited to summarize their comments and/or submit written information for consideration by the Council outside of formal meetings. 6. REPORTS FROM COMMITTEES AND/OR OFFICERS: (a) Verbal Reports from Councilmembers 7. HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS RELATING THERETO: 8. ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS: 16 - 25 (a) Ordinance Amending the PMC Based on Code Publishing Recommendations MOTION: I move to adopt Ordinance No. 4482, 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 (PMC), updating and clarifying provisions of the PMC. 26 - 35 (b) *Street Vacation: Vacating Portions of Streets and Alleys in Washington Addition (MF# VAC2019-007) MOTION: I move to approve Resolution No.3941, setting 7:00 P.M., Monday, March 16, 2020 as the time and date to conduct a public hearing to consider vacating roads and alleys lying north of the centerline of Helena Street and east of the centerline of Missoula Street within the plat of Washington Addition. 36 - 39 (c) City Council Representation on Boards and Committees MOTION: I move to approve Resolution No. 3942, confirming Councilmember Roach as the City of Pasco Council representative on the Benton Franklin Community Action Connections Board of Directors. 9. UNFINISHED BUSINESS: 10. NEW BUSINESS: Page 2 of 43 Regular Meeting February 18, 2020 40 - 43 (a) *Fire Station No. 83 Bid Award MOTION: I move to award the bid for construction of Fire Station No. 83 to Chervenell Construction Co. in the amount of $4,730,616.00 including Washington State Sales Tax, and further authorize the City Manager to execute the contract documents. 11. MISCELLANEOUS DISCUSSION: 12. EXECUTIVE SESSION: 13. ADJOURNMENT: (a) (RC) Roll Call Vote Required * Item not previously discussed Q Quasi-Judicial Matter MF# “Master File #....” (b) REMINDERS: • 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.) • *Tuesday, February 18, 6:00 PM: LEOFF Disability Board – City Hall Conference Room 1, Pasco City Hall (MAYOR SAUL MARTINEZ, Rep.; MAYOR PRO TEM BLANCHE BARAJAS, Alt.) *Rescheduled due to Monday's Holiday • Wednesday, February 19, 5:30 PM: Benton, Franklin & Walla Walla Counties Good Roads & Transportation Association Meeting – Clover Island Inn, Kennewick (COUNCILMEMBER RUBEN ALVARADO, Rep.; MAYOR SAUL MARTINEZ, Alt.) • Thursday, February 20, 4:00 PM: Tri-Cities National Park Committee Meeting – Tri-Cities Regional Business & Visitor Center, Bechtel Board Room, 7130 W. Grandridge Blvd., Kennewick (MAYOR SAUL MARTINEZ, Rep.; MAYOR PRO TEM BLANCHE BARAJAS, Alt.) • Friday, February 21, 11:30 PM: Benton-Franklin Council of Governments Board Meeting – Ben-Franklin Transit, 1000 Columbia Park Trail, Richland (COUNCILMEMBER RUBEN ALVARADO, Rep., MAYOR PRO TEM BLANCHE BARAJAS, Alt.) Page 3 of 43 Regular Meeting February 18, 2020 • Monday, February 24, 4:00 PM: Hanford Area Economic Investment Fund Advisory Committee Meeting – Ben Franklin Transit Main Conference Room (COUNCILMEMBER PETE SERRANO, Rep.) • Wednesday, February 26, 12:00 PM: City Regional Chamber of Commerce Luncheon - State of the Ports - Three Rivers Convention Center (COUNCILMEMBERS) 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 43 AGENDA REPORT FOR: City Council February 12, 2020 TO: Dave Zabell, City Manager Regular Meeting: 2/18/20 FROM: Debby Barham, City Clerk Administrative & Community Services SUBJECT: Approval of Meeting Minutes I. REFERENCE(S): 02.03.20 & 02.10.20 Draft Council Minutes II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: To approve the minutes of the Pasco City Council Meeting held on February 3, 2020 and Workshop held on February 10, 2020. III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: V. DISCUSSION: Page 5 of 43 REGULAR MEETING MINUTES PASCO CITY COUNCIL FEBRUARY 3, 2020 CALL TO ORDER: The meeting was called to order at 7:00 p.m. by Saul Martinez, Mayor. ROLL CALL: Councilmembers present: Blanche Barajas, Craig Maloney, Saul Martinez, David Milne, Zahra Roach, and Pete Serrano. Staff present: Dave Zabell, City Manager; Colleen Chapin, Human Resources Director; Eric Ferguson, City Attorney; Bob Gear, Fire Chief; Zach Ratkai, Administrative & Community Services Director; Ken Roske, Police Chief; Richa Sigdel, Finance Director; Rick White, Community & Economic Development Director; Steve Worley, Public Works Director; and Debby Barham, City Clerk. The meeting was opened with the Pledge of Allegiance. 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. Approval of Meeting Minutes To approve the minutes of the Pasco City Council Meeting held on January 21, 2020 and Workshop held on January 27, 2020. Bills and Communications To approve claims in the total amount of $3,058,971.00 ($1,883,005.46 in Check Nos. 233659-233899; $404,820.63 in Electronic Transfer Nos. 826992- 827090, 827106-827150, 827164-827293; $17,757.26 in Check Nos. 53166- 53183; $753,387.65 in Electronic Transfer Nos. 30143526-30144027). MOTION: Mayor Pro Tem Barajas moved to approve the Consent Agenda as read. Mr. Maloney seconded. The motion carried unanimously by Roll Call vote. VISITORS - OTHER THAN AGENDA ITEMS: Steven Duckett, Pasco resident, expressed concern about a Code Enforce ment issue. Mr. Duckett was referred to Mr. White to speak to about the issue. Rock Broadway, Pasco resident, reiterated his concerns and requests to make Pasco a second amendment sanctuary city and to ban a local income tax. Mayor Martinez confirmed that Council has received his requests and they were added to Council's list of topics to be discussed at a future date. Steve Bauman, Franklin County resident and developer, requested that Council waive the impact fees and grant him water to the propert y he is developing within a donut-hole of unincorporated area in Franklin County. He also Page 1 of 3 Page 6 of 43 REGULAR MEETING MINUTES PASCO CITY COUNCIL FEBRUARY 3, 2020 commented on the amendments to the Planned Use Development (PUD) code. Mr. Zabell explained the purpose of the impact fees that are charged with the connection to City water within the unincorporated areas of Franklin County. REPORTS FROM COMMITTEES AND/OR OFFICERS: Verbal Reports from Councilmembers Ms. Roach commented on her recent travels to Olympia, WA for the AWC Government Days. Mr. Milne also attended the AWC Government Days and mentioned the status of the Lewis Street Overpass and the Process Water Reuse Facility projects. Mr. Maloney also traveled to Olympia, WA with the Tri-Cities Legislative Council and Visit Tri-Cities and there were preliminary discussions with the Washington State Lt. Governor regarding the partnership with the State of Colima, Mexico. General Fund Monthly Report - December 2019 Council had no questions or discussion regarding the General Fund Report. HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS RELATING THERETO: Public Hearing - NW Area Sewer LID Formation Mr. Worley requested that the public hearing for the Northwest Area Sewer LID be continued to March 2. 2020, in order to have the opportunity to meet with all of the property owners within the proposed LID. Mayor Martinez opened the public hearing at 7:27 PM. MOTION: Mayor Pro Tem Barajas moved to continue the public hearing set in accordance with Resolution No. 3932 to March 2, 2020, establishing the Northwest Area Sewer LID. Ms. Roach seconded. The motion carried unanimously. ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS: Q* Henne Rezone (Z 2019-013) Mr. White provided the facts and history of the property's zoning. MOTION: Mayor Pro Tem Barajas moved to adopt Ordinance No. 4480, rezoning a parcel located at 1405 Road 38 from C-1 to R-S-12, and further, authorize publication by summary only. Ms. Roach seconded. The motion carried unanimously. Code Amendment: Planned Unit Developments (MF# CA2019-010) Mr. White noted the amendments to the proposed ordinance in response to last week's workshop discussion. Council and staff held a brief question and answer period. Steven Bauman, Franklin County resident and developer, expressed support for Page 2 of 3 Page 7 of 43 REGULAR MEETING MINUTES PASCO CITY COUNCIL FEBRUARY 3, 2020 the proposed PUD code amendments. MOTION: Mayor Pro Tem Barajas moved to adopt Ordinance No. 4481, amending PMC Chapter 25.140, Planned Unit Development and further, authorize publication by summary only. Ms. Roach seconded. The motion carried unanimously. PSD Update of the 2019 Capital Facility Plan Mr. White noted that the proposed resolution will adopt the Pasco School District's 2020 Capital Facilities Plan into the City's Comprehensive Land Use Plan. Mr. Lenk, Franklin County resident, expressed opposition to the paying for both Pasco School District levies and impact fees. Mr. Lenk referred to packets previously distributed to Council and City Clerk Barham. Councilmember Maloney and Mayor Martinez commented on the topic. MOTION: Mayor Pro Tem Barajas moved to approve Resolution No. 3940, incorporating the Pasco School District's 2019 update of the Capital Facilities Plan into the City of Pasco's Comprehensive Land Use Plan. Mr. Serrano seconded. The motion carried by 5-1 voice vote: 5 Ayes (Roach, Barajas, Maloney, Serrano, Martinez); 1 nay (Councilmember Milne). MISCELLANEOUS DISCUSSION: Mr. Zabell announced that an AWC Planning Short Course is scheduled for March 5, 2020 and will be held at the Richland City Hall. Mr. Zabell noted that the property and M&O taxes decreased in 2019 for Pasco School District, the City of Pasco and Franklin County. The statistics Mr. Zabell referenced came from the Franklin County Tax booklet, which is located on the Franklin County Assessor's Office website. EXECUTIVE SESSION: ADJOURNMENT: There being no further business, the meeting was adjourned at 7:52 PM. PASSED AND APPROVED this ___ day of ________, 2020. APPROVED: ATTEST: Saul Martinez, Mayor Debra Barham, City Clerk Page 3 of 3 Page 8 of 43 WORKSHOP MEETING MINUTES PASCO CITY COUNCIL FEBRUARY 10, 2020 CALL TO ORDER: The meeting was called to order at 7:00 p.m. by Saul Martinez, Mayor. ROLL CALL: Councilmembers present: Ruben Alvarado, Blanche Barajas, Craig Maloney, Saul Martinez, David Milne, Zahra Roach, and Pete Serrano. Staff present: Dave Zabell, City Manager; Colleen Chapin, Human Resources Director; Eric Ferguson, City Attorney; Bob Gear, Fire Chief; Zach Ratkai, Administrative & Community Services Director; Ken Roske, Police Chief; Richa Sigdel, Finance Director; Rick White, Community & Economic Development Director; and Debby Barham, City Clerk. The meeting was opened with the Pledge of Allegiance. VERBAL REPORTS FROM COUNCILMEMBERS: Mr. Milne recently attended a steering committee meeting for the State of Colima's Friendship and Cooperation Agreement. Mr. Milne also attended the Pasco Chamber of Commerce lunch meeting where he learned that Pasco advertised itself in the 1890's as the "Queen City of the Plains." ITEMS FOR DISCUSSION: Animal Shelter Update Mr. Zabell stated the purpose of the presentation was to provide Council with an update of the status of the Tri-Cities Animal Control Authority and the proposed Animal Control Shelter. Mr. Zabell stated that this presentation was given to the City of Richland's Council last week and it will be provided to the Council of the City of Kennewick on Tuesday evening. Lastly, Mr. Zabell introduced Cindy Reents, City of Richland's City Manager, who was seated in the audience. Mr. Ratkai provided a brief history of the Tri-Cities Animal Control Authority (ACA), the interlocal agreement between the Cities of Kennewick, Richland and Pasco and the ACA's responsibilities. Mr. Ratkai described the duties of the ACA's Personal Service Contractor for animal control services and provided a status of the current Tri-Cities Animal Control Shelter including the recent maintenance and deep cleaning completed within the facility. Mr. Ratkai completed his presentation with a status of where the three Cities currently stand with determining the next steps for new housing for the ACA animals.. Council and staff discussed the different aspects of the ACA, it's responsibilities and the current and future Animal Control facility including its programs and capacity. Parking Code Updates Chief Roske provided a brief presentation as to the current status of the Parking Code related the abandoned vehicles within residential streets and the need to amend the Pasco Municipal Code (PMC) to further define what an abandoned vehicle is and tighten the steps of removing an abandoned vehicle from the streets. Council and staff had a question and answer period regarding the proposed Page 1 of 2 Page 9 of 43 WORKSHOP MEETING MINUTES PASCO CITY COUNCIL FEBRUARY 10, 2020 changes to the PMC. Staff will incorporate the information provided by Council and bring back the ordinance for consideration once it is updated. PMC Amendments - Based on Code Publishing Recommendations Mr. Ferguson explained that the purpose of the proposed amendments to the Pasco Municipal Code (PMC) were to bring the PMC into conformance with state and federal law, as well as correct any inconsistencies within the PMC from one section or title to another section or title. This item will come back to Council for consideration at the next Council meeting scheduled for February 18, 2020. MISCELLANEOUS COUNCIL DISCUSSION: Ms. Roach attended the City of Pasco's annual Mom and Son event held on Friday, February 7, 2020 and thanked Recreation Division staff for hosting a wonderful event. Mayor Martinez commented about the new hotel located near the airport and complimented the City about its continued growth. ADJOURNMENT: There being no further business, the workshop was adjourned at 8:43 PM. PASSED AND APPROVED this _____ day of __________ 2020. APPROVED: ATTEST: Saul Martinez, Mayor Debra Barham, City Clerk Page 2 of 2 Page 10 of 43 AGENDA REPORT FOR: City Council February 13, 2020 TO: Dave Zabell, City Manager Regular Meeting: 2/18/20 FROM: Richa Sigdel, Director Finance SUBJECT: Bills and Communications I. REFERENCE(S): Accounts Payable 02.18.20 Bad Debt Write-off/Collection Jan 2020 II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: To approve claims in the total amount of $3,490,989.12 ($2,542,443.03 in Check Nos. 233900-234169; $103,782.77 in Electronic Transfer Nos. 827431-827432, 827434- 827436; $19,316.93 in Check Nos. 53184-53202; $825,446.39 in Electronic Transfer Nos. 30144028-30144535). 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 $261,262.14 and, of that amount, authorize $144,677.63 to be turned over for collection. III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: V. DISCUSSION: Page 11 of 43 REPORTING PERIOD: February 18, 2020 Claims Bank Payroll Bank Gen'l Bank Electronic Bank Combined Check Numbers 233900-234169 53184-53202 Total Check Amount $2,542,443.03 $19,316.93 Total Checks 2,561,759.96$ Electronic Transfer Numbers 827431-827432 30144028-30144535 827434-827436 Total EFT Amount $103,782.77 $825,446.39 $0.00 Total EFTs 929,229.16$ Grand Total 3,490,989.12$ Councilmember 100 519,829.69 110 92,874.57 120 0.00 130 0.00 140 33.17 142 0.00 145 5,130.93 150 29,502.22 160 1,425.25 165 4,935.56 166 48,314.92 170 1,902.90 180 5,640.80 185 1,012.50 188 21,873.87 189 911.78 190 947.46 191 0.00 192 0.00 194 77,177.18 195 1,240.09 196 HOTEL/MOTEL EXCISE TAX 0.00 245 0.00 367 1,333,267.87 410 398,810.79 510 66,322.46 511 7,531.29 520 0.00 630 0.00 690 872,303.82 GRAND TOTAL ALL FUNDS:3,490,989.12$ MEDICAL/DENTAL INSURANCE FLEX PAYROLL CLEARING EQUIPMENT RENTAL - OPERATING BUSINESS SPECIAL ASSESSMENT LODGING LITTER ABATEMENT REVOLVING ABATEMENT TRAC DEVELOPMENT & OPERATING PARKS ECONOMIC DEVELOPMENT STADIUM/CONVENTION CENTER LID GENERAL CAP PROJECT CONSTRUCTION UTILITY, WATER/SEWER EQUIPMENT RENTAL - OPERATING GOVERNMENTAL RIVERSHORE TRAIL & MARINA MAIN C.D. BLOCK GRANT HOME CONSORTIUM GRANT MARTIN LUTHER KING COMMUNITY CENTER AMBULANCE SERVICE CEMETERY ATHLETIC PROGRAMS GOLF COURSE SENIOR CENTER OPERATING MULTI-MODAL FACILITY 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 18th day of February, 2020 that the merchandise or services hereinafter specified have been received and are approved for payment: Councilmember SUMMARY OF CLAIMS BY FUND: GENERAL FUND STREET ARTERIAL STREET The City Council January 30 - February 12, 2020 C I T Y O F P A S C O Council Meeting of: Accounts Payable Approved Page 12 of 43 BAD DEBT WRITE-OFF/COLLECTION January 1, - January 31, 2020 1. UTILITY BILLING - These are all inactive accounts, 60 days or older. Direct write-off are under $20 with no current forwarding address, or are accounts in "occupant" status. Accounts submitted for collection exceed $20.00. 2. AMBULANCE - These are all delinquent accounts over 90 days past due or statements are returned with no forwarding address. Those submitted for collection exceed $10.00. Direct write off including DSHS and Medicare customers; the law requires that the City accept assignment in these cases. 3. COURT ACCOUNTS RECEIVABLE - These are all delinquent non-criminal and criminal fines, and parking violations over 30 days past due. 4. CODE ENFORCEMENT – LIENS - These are Code Enforcement violation penalties which are either un-collectable or have been assigned for collections because the property owner has not complied or paid the fine. There are still liens in place on these amounts which will continue to be in effect until the property is brought into compliance and the debt associated with these liens are paid. 5. CEMETERY - These are delinquent accounts over 120 days past due or statements are returned with no forwarding address. Those submitted for collection exceed $10.00. 6. GENERAL - These are delinquent accounts over 120 days past due or statements are return ed with no forwarding address. Those submitted for collection exceed $10.00. 7. MISCELLANEOUS - These are delinquent accounts over 120 days past due or statements are returned with no forwarding address. Those submitted for collection exceed $10.00. Direct Write-off Referred to Collection Total Write-off Utility Billing $ 0.00 17.33 17.33 Ambulance $ 116,584.51 6,309.80 122,894.31 Court A/R $ .00 126,892.50 126,892.50 Code Enforcement $ .00 11,458.00 11,458.00 Cemetery $ .00 .00 .00 General $ .00 .00 .00 Miscellaneous $ .00 .00 .00 TOTAL: $ 116,584.51 144,677.63 261,262.14 Page 13 of 43 AGENDA REPORT FOR: City Council February 18, 2020 TO: Dave Zabell, City Manager Regular Meeting: 2/18/20 FROM: April Culwell, Executive Administrative Assistant Executive SUBJECT: Proclamation for "Black History Month" I. REFERENCE(S): Proclamation II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Council to present a proclamation honoring February as "Black History Month" to Vanis Daniels on behalf of the African American Community Cultural and Educational Society. III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: V. DISCUSSION: Page 14 of 43 Proclamation “Black History Month” February 18, 2020 WHEREAS, Black History Month was created by Carter G. Woodson in 1926 to highlight the contributions and accomplishments made to the History of our Country that for years had been omitted; and WHEREAS, the 2020 National theme for Black History Month observance is “African Americans and the Vote”; and WHEREAS, 2020 marks the 150th anniversary of the Fifteenth Amendment (1870) which gave the right to men of color to vote following the Civil war, and it also marks the centennial of the Nineteenth Amendment and the culmination of the women’s suffrage movement; and WHEREAS, during the month of February our Nation takes pause to reflect on the injustices and struggles fought and overcome by African Americans throughout our Nation’s history, and to pay tribute to the battles they have fought in the name of equality; and WHEREAS, the City of Pasco has its own experience with some of the first African Americans settling in Pasco to work in the rail industry and followed by greater numbers to contribute to the Manhattan Project in the 1940’s and in the process have deeply enriched Pasco’s history with their culture, skill, and service; and NOW, THEREFORE, I, Saul Martinez, Mayor of the City of Pasco, Washington, on behalf of the entire City Council, do hereby proclaim February 2020 as “Black History Month”. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Pasco, State of Washington, to be affixed this 18th day of February 2020. Saul Martinez, Mayor City of Pasco Page 15 of 43 AGENDA REPORT FOR: City Council February 11, 2020 TO: Dave Zabell, City Manager Regular Meeting: 2/18/20 FROM: Eric Ferguson, Attorney Executive SUBJECT: Ordinance Amending the PMC Based on Code Publishing Recommendations I. REFERENCE(S): Proposed Ordinance II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to adopt Ordinance No. _____, 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 (PMC), updating and clarifying provisions of the PMC. 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. This ordinance is the first of five such ordinances to bring the PMC up to standards in terms of removing conflicting text and meeting the requirements of state and federal laws. This item was discussed at the February 10, 2020 Council workshop. V. DISCUSSION: Page 16 of 43 Page 17 of 43 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 18 of 43 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 19 of 43 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 20 of 43 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 21 of 43 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 22 of 43 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 23 of 43 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 24 of 43 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 25 of 43 AGENDA REPORT FOR: City Council February 12, 2020 TO: Dave Zabell, City Manager Rick White, Community & Economic Development Director Regular Meeting: 2/18/20 FROM: Darcy Bourcier, Planner I Community & Economic Development SUBJECT: *Street Vacation: Vacating Portions of Streets and Alleys in Washington Addition (MF# VAC2019-007) I. REFERENCE(S): Proposed Resolution Overview Map Vacation Petition Draft Plat II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to approve Resolution No._____, setting 7:00 P.M., Monday, March 16, 2020 as the time and date to conduct a public hearing to consider vacating roads and alleys lying north of the centerline of Helena Street and east of the centerline of Missoula Street within the plat of Washington Addition. III. FISCAL IMPACT: None. IV. HISTORY AND FACTS BRIEF: Empire Bros Construction, the applicant, has submitted a vacation proposal to vacate portions of rights-of-way within Washington Addition in order to facilitate platting of a residential subdivision. The platting will re-dedicate any necessary right-of-way to serve the development. A copy of the proposed development has been included for reference; however, this design is not final and is subject to a full review by the City's Hearing Examiner in the event of vacation approval. The petition requires the City Council to fix a public hearing to consider the vacation request. The earliest regular City Council meeting available for a public hearing, which Page 26 of 43 provides the statutory 20-day hearing notice, is March 16, 2020. V. DISCUSSION: Per PMC Chapter 12.40, the Council may require compensation for vacated rights-of- way. The compensation involves obtaining a title report and appraisal of value. However, the compensation and the requirements attached thereto may be waived if one or more of the following conditions apply: 1. The vacation is initiated by the City Council by Resolution; 2. The vacation is at the request of the City; 3. The right-of-way to be vacated was previously determined by the City Council not to be essential to public traffic circulation and available for vacation; 4. The grant of substitute right-of-way which has a value as a right-of-way at least equal to that right-of-way to be vacated; or 5. The resulting benefit to the community of the project requiring the vacation outweighs the appraised value of the right-of-way to be vacated. Staff recommends the compensation for the subject right-of-way be waived based on condition rightof The above. listed 5 No. portion -of-is vacated be to way approximately three (3) acres and assessed at approximately $66,270. Considering the City paid no public funds to acquire the right-of-way initially, the City will not have lost any funds if the vacation is approved. It is expected that the benefits of the proposal will far outweigh the assessed value of the right-of-way in question. The plat will eventually connect Heritage Boulevard to Primavera Drive in the Tierra Vida neighborhood via Helena Street. The proposal has been reviewed by City departments and affected agencies. Page 27 of 43 Resolution – VA2019-007- 1 RESOLUTION NO. ______ A RESOLUTION SETTING 7:00 PM, MONDAY, MARCH 16, 2020 AS THE TIME AND DATE TO CONDUCT A PUBLIC HEARING TO CONSIDER VACATING ALL ROADS AND ALLEYS LYING NORTH OF THE CENTERLINE OF E HELENA STREET AND EAST OF THE CENTERLINE OF MISSOULA STREET WITHIN THE PLAT OF WASHINGON ADDITION. WHEREAS, from time to time, in response to petitions or in cases where it serves the general interest of the City, the City Council may vacate right-of-way; and WHEREAS, a petition for the vacation of all roads and alleys lying north of the centerline of E Helena Street and east of the centerline of Missoula Street within the plat of Washington Addition has been submitted to the City; and WHEREAS, the vacation process provided in PMC 12.40 requires a title report and an appraisal of value and compensation unless waived by the City Council; and WHEREAS, the City Council may waive the requirement for a title report, an appraisal of value and compensation if the resulting benefit to the community from the project requiring the vacation outweighs the appraised value of the right-of-way to be vacated; and WHEREAS, the applicant intends to develop the vacated right-of-way with a 28-lot low- density residential subdivision including the dedication of new right-of-way to serve the development; and WHEREAS, it is expected that the benefits of the proposal will far outweigh the assessed value of the right-of-way in question; and WHEREAS, RCW Chapter 35.79 requires public hearings on vacations to be fixed by Resolution, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO: Section 1. Wavier of Requirements: That pursuant to PMC Chapter 12.40, the City Council hereby waives the requirement for an appraisal and payment of compensation for the proposed right-of-way vacation as depicted in the attached Exhibit A. Section 2. Notice of Hearing: That a public hearing to consider vacating the following as depicted in the attached Exhibit A, will be held before the City Council of the City of Pasco, in the Council Chambers at 525 N Third Avenue, Pasco, Washington, at the hour of 7:00 p.m. on March 16, 2020: i. THAT PORTION OF WASHINGTON ADDITION TO PASCO, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME B Page 28 of 43 Resolution – VA2019-007- 2 OF PLATS, PAGE 54, RECORDS OF FRANKLIN COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: ALL ROADS AND ALLEYS LYING NORTH OF THE CENTERLINE OF HELENA STREET AND EAST OF THE CENTERLINE OF MISSOULA STREET. That the City Clerk of the City of Pasco give notice of said public hearing as required by law. PASSED by the City Council of the City of Pasco, Washington, this 18th day of February, 2020. _____________________________ Saul Martinez Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorney Page 29 of 43 City of Pasco, IS Division / 0 550 1,100275Feet Street Vacation: Portions of Streets/Alleys in Washington Add. Applicant: Empire Bros Construction, LLC File #: VAC2019-007 Overview Map Anaconda AveE A Street VACATION SITE E Helena St Manzanita LnHeritage BlvdPage 30 of 43 Community &Economic Development Department Fee:$300eCW”! PO Box 293,525 N 3':Ave,Pasco,WA 99301 P:509.545.3441/F:509.545.3499 CITYOF PASCO STREET]ALLEYVACATION PETITION Master File#MAChAQ’OO’7 Date Submitted:lgll?ll? We the undersigned,owners of two-thirds of the private|y—owned abutting property,hereby petition the City Council of the City of Pasco to vacate the following described street/alley rights-of—way: /W/4 74\/9%?//Qat//Eézy/r’-37:5 7/45’7'47/oh///7} ;2~¢;/15 ‘[max #//2‘ass“39;?_r,my#//mega;77mg!//gar:/a/5 _}7j2///>%”//3s<s:.2/.93 y?gv #5//3$7i;zp/y N : ( 1amy/2/r/'0‘Z?//7570Z?’/79727/5435 "n,s‘/Fr/54””Z K) Address: Q74/.75 .5 92¢/4,49 2//5/an/W/5%14/A 7937} Applicantl Phone: Ownerl Email: K/M7/"Xi,/Km§.Qa/S’Z«’*/22Mw/./am Signature: Name: Address: Owner 2 Phone: Email: Signature: (Please see reverse side) Updated April 2019 Page 31 of 43 Owner 3 Name: Address: Phone: Email: Signature: /ESurvey E Title Report (if not waived) ?Fee of $300 Page 32 of 43 RIGHT OF WAY VACATION THAT PORTION OF WASHINGTON ADDITIONTO PASCO,ACCORDINGTO THE PLAT THEREOFRECORDED IN VOLUME E OF PLATS,PAGE 54,RECORDSOF FRANKLINCOUNTY,WASHINGTON,DESCRIBEDAS FOLLOWS: ALLROADS AND ALLEYSLYING NORTH OF THE CENTERLINEOF HELENASTREETAND EASTOF THE CENTERLINEOF MISSOULASTREET‘ Page 33 of 43 W.—.<O_u_:yKwUm.mo>m>¢:m E.95.I9...5:33:..e..!.,h.?........»H cum:PZWELSOM i.:._aEI.!...Ein...Hl.u.Aa.:.hl .§.6s..:e..nnE.sE§!!a«z5s 5.22!:R...a.us.....!..!!!:u !s.3..E....n..S:!.§I..u....;:..! ZOFEKQWWD._<uu._uzE<mmnom_m<mm_._.Ozmoz<.._mm R __.,._ 2 __.._,mL_I|1.\\L ,KHHHHHHWHHHHHHH_Vi'\|._»L.V“ll ‘\“|:11\ an.2OLG>§Ih$SE23002:¥2cQk.oom<mKOFED .E§NE...NEE:2M.2\ShSNemuKO5mmNthKO3.mmNILKOEOPEOE<>.:.__m_m<m_u_OOm<n_._.w<m. Page 34 of 43 Page 35 of 43 AGENDA REPORT FOR: City Council February 14, 2020 TO: Dave Zabell, City Manager Regular Meeting: 2/18/20 FROM: Dave Zabell, City Manager Executive SUBJECT: City Council Representation on Boards and Committees I. REFERENCE(S): Boards and Committees for City Council Appointments Benton Franklin Community Action Connections II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to approve Resolution No. ______, confirming Councilmember Roach as the City of Pasco Council representative on the Benton Franklin Community Action Connections Board of Directors. III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: City Council representation is required and/or desired on a number of municipal and regional boards and committees.The practice of the City Council has been to make Council appointments to the various boards and committees on a biennial basis; thus, appointments generally are for a two-year period. Changes to these appointments, if necessary, can be made at any time by action of the Mayor with confirmation of the City Council. The City Council confirmed the Mayor's appointments to various boards and commissions at the January 21, 2020 regular meeting by Resolution No. 3936. V. DISCUSSION: The revised Board and Commission Assignment list attached reflects the addition of the Benton Franklin Community Action Connections Board of Directors and Mayor Page 36 of 43 Martinez's appointment of Councilmember Roach to that board. Adoption of the proposed Resolution will confirm that action. Page 37 of 43 Resolution - 1 RESOLUTION NO. ______ A RESOLUTION CONFIRMING MAYORAL ASSIGNMENTS OF COUNCILMEMBERS TO VARIOUS BOARDS AND COMMITTEES FOR THE YEARS 2020-2021. WHEREAS, various boards and committees, serving both local and regional purposes, require representation by the Pasco City Council; and WHEREAS, PMC 2.10.020 reserves authority to the Mayor for appointment of Councilmembers to advisory committees, subject to confirmation of the City Council; and WHEREAS, Mayor Martinez, after consultation with Councilmembers, has declared an additional Council appointment to the respective boards and committees reflected in the list attached as EXHIBIT A; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON: Section 1: The Pasco City Council hereby confirms the appointments to the respective boards, commissions and committees in the list attached as EXHIBIT A, until otherwise modified by action of the Mayor and City Council. PASSED by the City Council of the City of Pasco, Washington this 18th day of February, 2020. Saul Martinez Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorney Page 38 of 43 CITY COUNCIL BOARD AND COMMITTEE ASSIGNMENTS - CALENDAR YEARS 2020-2021 Mayoral Appointments to Board and Committee Membership BOARD/COMMITTEE DAY TIME LOCATION REP ALT Emergency Medical Services 1st Monday, Even-Months 1:30 pm Fire Training Center 1811 S. Ely Blanche Barajas David Milne Parks & Recreation Advisory Council * 1st Thursday 5:30 pm Parks & Rec. Classroom David Milne Saul Martinez Old Fire Pension Board 2nd Monday, Quarterly 6:00 pm Conference Room #1 Saul Martinez Blanche Barajas Ben-Franklin Transit Board 2nd Thursday 7:00 pm Ben-Franklin Transit Ruben Alvarado Zahra Roach Reserve Officers Board 3rd Monday, as needed 5:30 pm Conference Room #1 Saul Martinez Blanche Barajas LEOFF Disability Board 3rd Monday 6:00 pm Conference Room #1 Saul Martinez Blanche Barajas Good Roads & Transportation Association * 3rd Wednesday, Bi-Monthly 5:30 pm Clover Island Inn Ruben Alvarado Saul Martinez Greater Col. Accountable Community of Health 3rd Thursday 12:00pm CBC Vacant Tri-Cities National Park Committee 3rd Thursday 4:00 pm 7130 W. Grandridge Saul Martinez Blanche Barajas Benton Franklin Community Action Connections Board * 3rd Thursday 5:30 pm 720 W. Court Street Zahra Roach Saul Martinez Franklin County Emergency Management Council 3rd Thursday, Quarterly 3:30 pm EMS Office Craig Maloney Saul Martinez Benton Franklin Council of Governments 3rd Friday 11:30 am Ben-Franklin Transit Ruben Alvarado Blanche Barajas Hanford Area Economic Investment Fund 4th Monday 4:00 pm Ben-Franklin Transit Pete Serrano TRAC (now HAPO Center) Advisory Board * 4th Tuesday, Quarterly 5:00 pm HAPO Center Saul Martinez, Craig Maloney Visit Tri-Cities Board 4th Wednesday 7:30 am 7130 W. Grandridge Zahra Roach Craig Maloney TRIDEC Board of Directors 4th Thursday 4:00 pm 7130 W. Grandridge David Milne Craig Maloney Hanford Communities Governing Board (and ECA) 4th Thursday, Quarterly 7:30 am Richland Council Chambers Zahra Roach Saul Martinez Downtown Pasco Development Authority 3rd Thursday 4:00 pm DPDA David Milne Zahra Roach Pasco Public Facilities District 3rd Tuesday 4:00 pm Conference Room #1 Craig Maloney David Milne Tri-Cities Regional PFD Board As called Varies Saul Martinez, Craig Maloney, Zahra Roach Franklin County Solid Waste Advisory Committee As called FC Public Works Saul Martinez Blanche Barajas Franklin County Law & Justice Council As called FC Courthouse Pete Serrano Blanche Barajas Local Housing Trust Fund Oversight Committee As called David Milne *Voluntary (does not require elected official as representative)Revision Approved: 02/18/20 Resolution No. __________ Approved: 01/21/2020 Resolution No. 3936 02/14/2020 Added Ben Franklin Community Action Committee. EXHIBIT A Page 39 of 43 AGENDA REPORT FOR: City Council February 11, 2020 TO: Dave Zabell, City Manager Regular Meeting: 2/18/20 FROM: Bob Gear, Fire Chief Fire Department SUBJECT: *Fire Station No. 83 Bid Award I. REFERENCE(S): Fire Station No. 83-Bid Tabulations Station No. 83 Rendering II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to award the bid for construction of Fire Station No. 83 to Chervenell Construction Co. in the amount of $4,730,616.00 including Washington State Sales Tax, and further authorize the City Manager to execute the contract documents. III. FISCAL IMPACT: $4,730,616.00 funded through proceeds of 2019 LTGO Bond IV. HISTORY AND FACTS BRIEF: Per prior direction of the City Council through the Fire Strategic Plan, 2020-2025 Capital Improvement Plan and adopted 2019-2020 Biennial Budget, bids were let for construction of a new Fire Station No. 83 to replace the aging, undersized existing station to a new location as previously identified that is more centrally located in the response area. Relocation of the Station will decrease response times to the vast majority of residents and business within the Station No. 83 response area, enhance the safety of the crews stationed at the facility and allow for fire and emergency medical response to a large portion of the Broadmoor area within the adopted response time. Page 40 of 43 V. DISCUSSION: As specified, bids for the project were received and opened on February 6, 2020. The City received a total of eight (8) bids. The lowest responsive bid was submitted by Chervenell Construction in the amount of $4,356,000. Washington State Sales tax will add $374,616 to the bid for a total of $4,730,616. Two slightly lower bids were rejected as the bidders were deemed unresponsive. The lowest responsive bid is below the estimated construction estimate and within the project budget. Additional costs are anticipated as part of construction, specifically, the planned installation of the Fire Station Alerting System equipment and installation, which will be bid separately and installed in all four City fire stations. As provided for in the project budget, expenditures for construction management services and additional architectural services during the build are planned. As the aforementioned bid is responsive and within the appropriated budget, staff recommends award of the Fire Station No. 3 bid to Chervenell Construction Co. as bid. Page 41 of 43 Bid Tabulations -Fire Station No.83 Contract VCPS-FR-23-19-83 Bid Date:February 6,2020 Contractor:Contractor:Contractor:Contractor: Engineefs Estimate Banlin Construction Booth &Sons Construction Chervenell Construction Co.62 Construction Item Bid Security 5%Bid Bond 5%Bid Bond 5%Bid Bond 5%Bid Bond No,Description Quant Unit Unit Price Total Amount Unit Price Total Amount Unit Price Total Amount Unit Price Total Amount Unit Prize Total Amount 1 Total Base Bid 1 LS $5,206,056.00 5 4,303,358.00 S 4,303,358.00 S 4,300,000.00 5 4,300,000.00 5 4,353,000.00 S 4,353,000.00 S 4,600,500.00 S 4,600,500.00 2 Unit Price 1 -Over-Excavation 8.Replacement of Unsuitable Soil 250 CY $~5 13.50 5 3,375.00 3 52.91 3 13,227.50 5 12,00 5 3,000.00 5 50.00 $12,500.00 Subtotal:$5,206,056.00 S 4,306,733.00 $4,313,227.50 $4,356,000.00 5 4,613,000.00 Competitive bids were opened on February 6,2020.All bids have Subtotal:5 5,206,056.00 S 4,306,733.00 S 4,313,227.50 S 4,356,000.00 S 4,613,000.00 been reviewed by this of?ce.I recommend the contract be WA St Sales Tax (3.6%):S 447,720.82 5 370,379.04 $370,937.57 5 374,616.00 5 396,718.00 awarded l 'GRAND TOTAL:5 5,653,776.82 5 4,677,112.04 S 4,684,165.07 S 4,730,616.00 S 5,009,718.00 Z-12 no ggz,4 3 , Date P Ject nager Contractor:Contractor:Contractor:Contractor:‘I of O'Brien Construction Co,in:Total Site Services Apollo,Inc Par—TechConstruction,Inc 5%Bid Bond 5%Bid Bond 5%Bid Bond 5%Bid Bond Unit Price Total Amount Unit Price Total Amount Unit Price Total Amount Unit Price Total AmountI54,660,217.06 $4,660,217.06 S 4,750,000.00 S 4,750,000.00 S 4,837,000.00 5 4,837,000.00 5 5,457,200.00 S 5,457,200.00 5 27.25 S 6,812.50 5 44.69 S 11,172.50 $17.00 5 4,250.00 $40-00 5 10,000.00 S 4,667,029.56 5 4,761,172.50 5 4,841,250.00 $5,467,200.00 Subtotal:$4,667,029.56 S 4,761,172.50 5 4,841,250.00 $5,467,200.00 WA 5!Sales Tax (8.6%):5 401,364.54 5 409,460.84 5 416,347.50 5 470,179.20 GRAND TOTAL:$,68,394.10 5 5,170,633.34 S 5,257,597.50 $5,937,379.20 Page 42 of 43 PASCOFIRESTATION83”Page 43 of 43