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HomeMy WebLinkAbout2020.03.09 Council Workshop PacketWorkshop Meeting AGENDA PASCO CITY COUNCIL 6:00 p.m. March 9, 2020 Page 1. CALL TO ORDER: 2. ROLL CALL: (a) Pledge of Allegiance 3. VERBAL REPORTS FROM COUNCILMEMBERS: 4. ITEMS FOR DISCUSSION: 3 - 5 (a) Arts & Culture Commission Interviews Council to conduct brief interviews with Emma Barnes, Rebecca Merkley- Omeje, Nisha McSwane-Franco, Ana Armijo, Ryan Bennett, Eleanor Neff, Calumet Kubalek and Saul Martinez. 6 - 19 (b) Presentation - Doing Business with the City 20 - 30 (c) PMC Amendments - Based on Code Publishing Recommendations 31 - 33 (d) Donation Policy for Acceptance of Community Donations 5. MISCELLANEOUS COUNCIL DISCUSSION: 6. EXECUTIVE SESSION: 7. ADJOURNMENT: (a) REMINDERS: • Monday, March 9, 12:00 PM: Pasco Chamber of Commerce Lunch Meeting - Pasco Red Lion Hotel • Thursday, March 12, 7:00 PM: Ben Franklin Transit Board Meeting - Bent Franklin Transit Facility (COUNCILMEMBER RUBEN ALVARADO, Rep.; COUNCILMEMBER ZAHRA ROACH, Alt.) Page 1 of 33 Workshop Meeting March 9, 2020 • Monday, March 16, 6:00 PM: LEOFF Disability Board – City Hall Conference Room 1, Pasco City Hall (MAYOR SAUL MARTINEZ, Rep.; MAYOR PRO TEM BLANCHE BARAJAS, 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 33 AGENDA REPORT FOR: City Council March 4, 2020 TO: Dave Zabell, City Manager Zach Ratkai, Administrative & Community Services Director Workshop Meeting: 3/9/20 FROM: Debby Barham, City Clerk Administrative & Community Services SUBJECT: Arts & Culture Commission Interviews I. REFERENCE(S): Resolution No. 3388 - Appointments to City Boards and Commissions Applications (8) (Council only) II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Council to conduct brief interviews with Emma Barnes, Rebecca Merkley-Omeje, Nisha McSwane-Franco, Ana Armijo, Ryan Bennett, Eleanor Neff, Calumet Kubalek and Saul Martinez. III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: The City Council established the Arts and Culture Commission through Ordinance No. 4472, in November of 2019 to advise the City Council on matters relating to public art and culture; including procurement, placement and maintenance of public art and to serve as the City’s primary resource in matters of public art and culture. The Arts & Culture Commission member representation consists of the following: Art Professional educators, directors, art as such in Persons : professions managers/administrators, dealers and/or individuals enrolled in higher education art programs. • Position No. 3 - term 2020-2022 Page 3 of 33 • Position No. 4 - term 2020-2024 • Position No. 5 - term 2020-2024 Community Member: Persons of public agencies, organizations enhancing Pasco’s quality of life or, persons working outside of professional practice in the arts but who demonstrate a deep interest in and understanding of public art activities. Member is required to live, work, or own business within Pasco city limits. • Position No. 1 - term 2020-2022 • Position No. 2 - term 2020-2024 Artist: Including but not limited to: painting, sculpture, music, literature, architecture, and performing arts. Member is required to live, work, or own business within Pasco city limits. • Position No. 6 - term 2020 Youth Representative: Person between the ages of 15 to 20 years old at the time of appointment, nexus to Pasco is required. • Position No. 7 - term 2020-2022 With the exception of the Youth Representative, the term for this assignment is four years. these year. even each on As terms Representative Youth The ends appointments are the inaugural appointments to the commission, the initial terms are staggered in two (2) and four (4) year increments. V. DISCUSSION: Recruitment for the Commission commenced early in 2020 closing on February 28. A Council the applications, the of committee reviewed subsequently screening all following individuals were selected to be interviewed by the full Council: 1. Emma Barnes 2. Rebecca Merkley-Omeje 3. Nisha McSwane-Franco 4. Ana Armijo 5. Ryan Bennett 6. Eleanor Neff 7. Calumet Kubalek 8. Saul Martinez Following the Council interviews appointments will be made by the Mayor, subject to confirmation by the Council at the March 16 business meeting. Page 4 of 33 RESOLUTION NO. ` A RESOLUTION Providing a Process for Appointments to City Boards and Commissions. WHEREAS, the City of Pasco maintains several citizen advisory boards to assist the delivery of municipal services as well as to advise the City Council in making various policy decisions; and WHEREAS, the appointment process prescribed by the Pasco Municipal Code requires the Mayor to appoint citizens to vacancies on such boards, subject to confirmation of the City Council; and WHEREAS, the Mayor and City Council desire to establish an appointment process which is more collaborative yet efficient for both the applicants and City Council alike;NOW,THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON DOES RESOLVES AS FOLLOWS: Section 1: Applications for city boards and commissions shall be solicited annually by the City Manager on behalf of the City Council. Section 2: All applications received by the City Manager shall be reviewed by a City Council committee appointed by the Mayor; such committee, to be known as the "Appointment Screening Committee," shall be ad-hoc, appointed annually, and consist of three members, including the Mayor. The Appointment Screening Committee shall select those applicants it deems best suited for the respective board/commission but not more than three applicants for each vacancy to be filled. The Appointment Screening Committee shall consider the following factors in making their selections for further consideration: a) Geographic representation; b) Gender representation; c) Ethnic representation; d) Familial and financial relationships of board members Section 3: Those applicants selected by the Appointment Screening Committee shall be interviewed by the City Council during a public meeting; provided, however, the Screening Committee may recommend reappointment of an incumbent applicant without interview by the City Council if the incumbent has •-- • - - -•served not more than two consecutive• terms since the last interview. At a City Council meeting following such interview, an interviewed candidate shall be selected by the Mayor for appointment to each vacancy. Any candidate selected by the Mayor shall be subject to confirmation vote of the City Council; a majority vote of the quorum present at such meeting shall be required to confirm the Mayor's appointments. Section 4: Any prior resolutions of the City Council in conflict with the provisions of this resolution shall be superseded by this resolution. PAS D by the City Council ity of Pasco at its regular meeting this 16th day of April, 2012. Matt Watkins, Mayor T T: f APP'S AS TO FORM: Debra Clark,City Clerk Leland B. Kerr, City Attorney Page 5 of 33 AGENDA REPORT FOR: City Council March 4, 2020 TO: Dave Zabell, City Manager Workshop Meeting: 3/9/20 FROM: Richa Sigdel, Director SUBJECT: Presentation - Doing Business with the City I. REFERENCE(S): PowerPoint Presentation II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Discussion III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: The United States federal government is one the largest buyers in the world; however, state and local governments also make up a large percentage of the marketplace, employing more people and buying more products than other local entities. Large buyers such as the Hanford reservation, Pacific Northwest National Laboratory, three school districts, and neighboring cities, counties, and ports provide private businesses an opportunity to expand their business by tapping into this market. The fact that these entities are concentrated within a small distance from each other provides a unique opportunity for local businesses to expand their market share by focusing on doing business with these entities. However, for numerous reasons doing business with federal, state, or local government can be viewed as unattractive by private businesses. There are many factors at play; the first being that statutorily required government rules and regulations; e.g., prevailing wage can laws, competitive bidding processes, bonding requirements, etc. be cumbersome and complicated when compared to private sector consumers. The decision-making process is also longer for a government entity than a private business. For instance, larger capital projects require approval by the legislative body, which adds time and uncertainty for the bidder. Additionally, government entities often have Page 6 of 33 their own unique processes which can be difficult to navigate for a small business. The City of Pasco has partnered with businesses, not just as a regulatory agency, but also as a buyer of goods and services, to build all of the City's infrastructure since its incorporation in 1891. The City has encouraged purchases from local businesses where possible, a practice that exists today, and has resulted in strong relationships with the local business community. As a government entity, the City is also obligated to ensure that it economizes its expenses and allows all businesses an opportunity to compete for its business. V. DISCUSSION: In recent years Council has authorized multiple efforts to improve the access and ease for private business to do business with the City: • The Council increased limits in their delegation of authority to the City Manager which has served to expedite approval of smaller contracts for services and capital projects. • Council authorized a Contracts Specialist position within the Public Works Department in 2015 to improve the contracting process for Public Work projects (engineering/architectural services, capital projects, etc.). • Similarly, in 2018, Council approved the addition of a Procurement Specialist position to create a robust procurement program to meet the commodity and equipment needs of the City. These changes have been transformative and resulted in tremendous progress over the last five years, providing assistance and training to City employees, streamlining processes, creating new policies, and implementing tools to increase efficiencies. New goals for this program will be focused on ease of access to the City for our business partners. This will be accomplished in many ways, for example, creating training programs, streamlining processes to ease access, increased transparency regarding how City processes work, and creating a better communication process. This presentation is to inform the Council and the public on current avenues for businesses to do business with the City, as well as a plan for the future. Page 7 of 33 DOING BUSINESS WITH THE CITYPage 8 of 33 Contract and Procurement Program •Council approved the addition of a Contract Specialist within the Public Works Department in 2015 and a Procurement Specialist within the Finance Department in 2018 to establish a robust contracting and procurement program. •Since then staff hired have•Streamlined the contracts management process•Assisted all City staff in the RFQ/RFP process•Assisted in the overhaul of the City’s Procurement Policy•Implemented the City’s new Procurement System•Guided numerous vendors, contractors, and consultants – making it easier for them to do business with the CityPage 9 of 33 Future Goals•Assisted the City to meet all regulatory contracting and procurement requirements•Created a business engagement plan with a focused plan for engaging local businesses•Made it easier for businesses to do business with the City via •Internal process improvements•Better communication and guidance (website, forms, RFQ, RFP)•Training (specialized training for local vendors etc.)Page 10 of 33 Bids / Request for ProposalsTo view the City’s current and previous Bids / Request for Proposals, please go to https://www.pasco-wa.gov/Bids.aspx.Page 11 of 33 Schedule of City’s ProjectDepartment Description of Project Procurement Type Tentative Procurement MonthPublic WorksRoad 36 Lift Station ‐This project will provideimprovements to the Road 36 Lift Station, including two new pumps, electrical upgrades, and upsizing of the existing sewer force main along Road 36.Sealed Bid AprilPublic WorksLewis Street Overpass ‐Construct a New Over pass between 2ndAvenue and Oregon AvenueSealed Bid MayPublic WorksWrigley Dr. Extension ‐Provides connection to Road 68 for area residents and will relieve some of the demand placed upon the intersection of Road 68 and Burden Boulevard. Improvements include a new roadway surface without curb/gutter and sidewalk. Utilities, including potable water, irrigation water, and sanitary sewer, are also being extendedSealed Bid MayFireConstruction of Restroom and Rehab area at Training CenterSealed Bids FebruaryFireConstruction of Fire Station 84Sealed Bids AprilFireDesign of Fire Station 85RFQ November Page 12 of 33 MRSC RostersThe City of Pasco uses the Municipal Research and Services Center (MRSC) for our rosters. Businesses interested in receiving notifications for current opportunities must register for a free account at www.mrscroster.org. •Small Works Roster•Vendor Roster•Consultant RosterPage 13 of 33 SMALL WORKS ROSTERSmall Works Roster: Small Public Work Projects with an estimated cost of $350,000 or less. The Small Works Roster includes businesses who provide construction, building, renovation, remodeling, alteration, repair or improvement of real property.Not related to Public Works as a Department, but defined as all work, construction, alteration, repair, or improvement other than ordinary maintenance.Page 14 of 33 VENDOR ROSTERVendor Roster: Purchasing of goods and services with an estimated cost of $50,000 or more. The Vendor Roster includes businesses who provide product sales, equipment repair, vehicle maintenance, and other purchased services.Page 15 of 33 CONSULTANT ROSTERConsultant Roster: Procurement of service with an estimated cost of $50,000 or more. The Consultant Roster includes businesses who provide architecture, engineering, and surveying services, as well as some other professional services, such as management, financial, legal, communications, and environmental consulting.Page 16 of 33 Washington State Contracts•The City also utilizes contracts through Washington State Department of Enterprise Services.•Washington State Department of Enterprise Services oversees more than 1,500 vendors supplying goods and services through master contracts. These contracts are available to state, local, and tribal governments.•To learn more about Washington State contracts please go to https://des.wa.gov/services/contracting-purchasingPage 17 of 33 Prevailing WagesWhat are prevailing wages? The Department of Labor and Industries requires that workers be paid prevailing wages when employed on all public work, public building service maintenance and contracted maintenance, based upon the classification of labor performed. A notable exception to this requirement is that sole proprietors, who perform the actual work on public work projects, are not required to pay themselves prevailing wage rates. All public work, including maintenance when performed by contract, shall comply with RCW 39.12.020 as it pertains to prevailing wage requirements. According to RCW 39.04.010(4) there are clearly two categories of work that must comply with prevailing wage requirements: (1) Public Work and (2) Maintenance when performed by contract.Seen as a hurdle for contractors and small businesses in doing business with City.Page 18 of 33 Questions?Page 19 of 33 AGENDA REPORT FOR: City Council March 4, 2020 TO: Dave Zabell, City Manager Workshop Meeting: 3/9/20 FROM: Eric Ferguson, Attorney Executive SUBJECT: PMC Amendments - Based on Code Publishing Recommendations I. REFERENCE(S): Proposed Ordinance PMC Park Infractions Memo 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 their review of the report and the proposed code amendments and put a portion of those amendments within the attached ordinance. This the second of five such ordinances to bring the PMC up to standard in terms of removing conflicting text and meeting the requirements of state and federal laws. The first ordinance was adopted at the February 18, 2020 Council Meeting. Council first reviewed the proposed ordinance at the February 24, 2020 Council Workshop. Page 20 of 33 V. DISCUSSION: Mr. Ferguson has provided a memo outlining their research regarding PMC park infractions and will provide statistics related to the various infractions described in the PMC Chapter 9.100 that Council had questions about during the February 24 Workshop Meeting. Page 21 of 33 Omnibus Ordinance - 1 ORDINANCE NO. ______ AN OMNIBUS ORDINANCE OF THE CITY OF PASCO, WASHINGTON, AMENDING SECTIONS 9.100.070, 9.100.100, 9.100.120, 9.100.130, 9,100.140, 9.100.150, 9.100.160, 9.100.170, 9.100.180, 9.100,190, 9.100.200, 9.100.220, 9.100.230, 9.100.240, 9.100.260, 9.100.270 OF THE PASCO MUNICIPAL CODE UPDATING AND CLARIFYING PARK CODE 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 9.100.070, entitled “Posting signs” of the Pasco Municipal Code, shall be and hereby is amended to read as follows: 9.100.070 Posting signs. (1) It is unlawful to use, place or erect any signboard, sign, billboard, bulletin board, post, pole or device of any kind of advertising in any park; or to attach any notice, bill, poster, sign, wire, rod or cord to any tree, shrub, railing, post or structure in any park; or, without the written consent of the Director, to place or erect in any park a structure of any kind. (2) Provided, upon approval of the Director, temporary directional signs or decorations on occasions of public celebration and picnics may be erected in City parks. (3) Violation of any of the provisions of this section constitutes a class 3 civil infraction. [Ord. 3616 § 1, 2003; Code 1970 § 9.48.050.] Section 2. That Section 9.100.100, entitled “Animals” of the Pasco Municipal Code, shall be and hereby is amended to read as follows: 9.100.100 Animals. (1) It is unlawful for any person to ride a horse or other beast of burden upon any park property unless specifically designated for such or without specific permission of the Director. (2) It is unlawful for any person to allow or permit any animal to be at large in any park, except dog guides or service animals, as defined in Chapter 70.84 RCW (“white cane law”), or those animals used by a law enforcement officer; provided, that except in areas in which animals are Page 22 of 33 Omnibus Ordinance - 2 prohibited, animals are permitted in a park if on a leash not greater than 10 feet in length, or otherwise securely caged or securely restrained. (3) The Director may ban dogs and other pets from areas of any park where the Director determines it appropriate. (4) Any person with any animal in his or her possession in any park shall be responsible for the conduct of the animal and shall not allow the animal to bite or otherwise molest or annoy other park visitors. (5) Any person with an animal in his or her possession in any park shall carry equipment for removing fecal matter, and shall collect and place fecal matter deposited by such animal in an appropriate receptacle. (6) Notwithstanding subsection (2) of this section, the Director may designate certain areas in parks as allowing dogs and/or other pets to be off leash. (7) Violation of any of the provisions of this section constitutes an class 3 civil infraction. [Ord. 3616 § 1, 2003; Code 1970 § 9.48.080.] Section 3. That Section 9.100.120, entitled “Feeding animals” of the Pasco Municipal Code, shall be and hereby is amended to read as follows: 9.100.120 Feeding animals. It is unlawful in any manner to feed any fowl, farm animals or wildlife, except at areas designated by the Director for such purposes. Violation of any of the provisions of this section constitutes an class 3 civil infraction. [Ord. 3616 § 1, 2003; Code 1970 § 9.48.100.] Section 4. That Section 9.100.130, entitled “Commercial activity” of the Pasco Municipal Code, shall be and hereby is amended to read as follows: 9.100.130 Commercial activity. It is unlawful to sell refreshments or merchandise or service, or conduct commercial solicitations in any park, without the permission of the Director, or without a concession contract with the City. Violation of any of the provisions of this section constitutes an class 2 civil infraction. [Ord. 3616 § 1, 2003; Code 1970 § 9.48.120.] Section 5. That Section 9.100.140, entitled “Parking for certain purposes prohibited” of the Pasco Municipal Code, shall be and hereby is amended to read as follows: 9.100.140 Parking for certain purposes prohibited. (1) No person shall park any vehicle in any park for the principal purpose of: Page 23 of 33 Omnibus Ordinance - 3 (a) Displaying of commercial or noncommercial signs; or (b) Displaying such vehicle for sale. (2) No person shall park any vehicle in any park for the principal purpose of washing, greasing, or repairing such vehicle except repairs necessitated by an emergency. (3) All parking shall be in designated areas only. (4) Violation of any of the provisions of this section constitutes an class 3 civil infraction. [Ord. 3616 § 1, 2003; Code 1970 § 9.48.170.] Section 6. That Section 9.100.150, entitled “Restrictions on vehicles” of the Pasco Municipal Code, shall be and hereby is amended to read as follows: 9.100.150 Restrictions on vehicles. It is unlawful to ride or drive any motorcycle, motor vehicle, motorized foot scooter, horse or pony over or through any park or on any trail except along and upon the park drives, parkways, or designated parking areas and on such trails as may be designated for motor vehicle or equestrian use, or to stand or park any vehicle, except in areas designated by the Director. This restriction shall not apply to any disabled person utilizing an electric assisted bicycle, a power wheelchair or a wheelchair conveyance as defined by RCW Title 46. Violation of any of the provisions of this section constitutes an class 2 civil infraction. [Ord. 3727 § 2, 2005; Ord. 3673 § 1, 2004; Ord. 3616 § 1, 2003; Code 1970 § 9.48.180.] Section 7. That Section 9.100.160, entitled “Skateboarding” of the Pasco Municipal Code, shall be and hereby is amended to read as follows: 9.100.160 Skateboarding. Unless otherwise posted, it is unlawful to use skateboards, in-line skates, roller skates, or bicycles on tennis courts and stages. It is unlawful to use skateboards, in-line skates, roller skates, or bicycles in any other area of a park if so posted. Violation of any of the provisions of this section constitutes an class 3 civil infraction. [Ord. 3616 § 1, 2003; Code 1970 § 9.48.190.] Section 8. That Section 9.100.170, entitled “Noise” of the Pasco Municipal Code, shall be and hereby is amended to read as follows: 9.100.170 Noise. (1) No person shall, without prior written approval of the Director or authorized parks department employee, cause or allow to be emitted noise in a park which: Exceeds the maximum permissible noise levels set forth in Chapter 9.130 PMC; including, but not limited to: Page 24 of 33 Omnibus Ordinance - 4 (a) Any sound made by the unamplified human voice which emanates from a building, structure or property between the hours of 10:00 p.m. and 7:00 a.m. and is received within a residential district. (b) Any sound made by speaker sound amplifier or motor vehicle audio system exterior to the passenger sitting compartment of a motor vehicle on a public street or highway (anywhere within the right-of-right thereof) of a commercial radio station broadcast, or music from an audio tape cassette, compact disc, or other recording medium. (c) Any sound from a motor vehicle audio system such as tape players, radios, and compact disc players, operated at a volume and under conditions so as to be audible greater than 75 feet from the vehicle itself. (d) Any sound from portable audio equipment, such as a radio, tape player or compact disc player, which is operated at such a volume so as to be audible at a distance of 75 feet or more from the source of the sound. (2) Violation of any of the provisions of this section constitutes an class 3 civil infraction. [Ord. 3616 § 1, 2003; Code 1970 § 9.48.200.] Section 9. That Section 9.100.180, entitled “Remote control models, hang gliders, hot air balloons” of the Pasco Municipal Code, shall be and hereby is amended to read as follows: 9.100.180 Remote control models, hang gliders, hot air balloons. It is unlawful to operate any remote control and/or motorized model aircraft, rocket, watercraft or similar device in any park, or to launch or land any hang glider or hot air balloon, except at places set apart by the Director for such purposes or as authorized by a permit from the Director. Violation of any of the provisions of this section constitutes an class 2 civil infraction. [Ord. 3616 § 1, 2003; Code 1970 § 9.48.210.] Section 10. That Section 9.100.190, entitled “Trail use” of the Pasco Municipal Code, shall be and hereby is amended to read as follows: 9.100.190 Trail use. It is unlawful for any person to travel on a trail at a speed greater than is reasonable and prudent under the existing conditions and having regard to actual and potential hazards. In every event, speed shall be so controlled as may be necessary to avoid colliding with others who are complying with the law and using reasonable care. Violation of any of the provisions of this section constitutes an class 1 civil infraction. [Ord. 3616 § 1, 2003; Code 1970 § 9.48.230.] Section 11. That Section 9.100.200, entitled “Golfing, baseball, swimming, etc.” of the Pasco Municipal Code, shall be and hereby is amended to read as follows: Page 25 of 33 Omnibus Ordinance - 5 9.100.200 Golfing, baseball, swimming, etc. It is unlawful to practice or play golf, baseball, cricket, lacrosse, polo, archery, hockey, or similar games employing hard or dangerous objects except at places set apart for such purposes. It is unlawful to swim in any area where signs prohibiting swimming are posted or within 100 feet of a public dock, ramp, intake structure or navigational aid. Violation of any of the provisions of this section constitutes an class 1 civil infraction. [Ord. 3616 § 1, 2003; Code 1970 § 9.48.240.] Section 12. That Section 9.100.220, entitled “Littering” of the Pasco Municipal Code, shall be and hereby is amended to read as follows: 9.100.220 Littering. No person shall leave, deposit, drop or scatter any bottles, broken glass, ashes, paper, plastic containers, cans or other rubbish, litter or refuse in any City park except in a garbage can or other receptacle designated for such purposes. Violation of any of the provisions of this section constitutes an class 2 civil infraction. [Ord. 3616 § 1, 2003; Code 1970 § 9.48.250.] Section 13. That Section 9.100.230, entitled “Building fires” of the Pasco Municipal Code, shall be and hereby is amended to read as follows: 9.100.230 Building fires. It is unlawful to build any fires in any park except in areas so designated. Violation of any of the provisions of this section constitutes an class 1 civil infraction. [Ord. 3616 § 1, 2003; Code 1970 § 9.48.260.] Section 14. That Section 9.100.240, entitled “Overnight camping” of the Pasco Municipal Code, shall be and hereby is amended to read as follows: 9.100.240 Overnight camping. Overnight camping is prohibited on park property except by written permission of the Director. A violation of this section is a class 2 civil infraction. Each day or partial day of violation shall constitute a separate violation. [Ord. 3616 § 1, 2003; Code 1970 § 9.48.270.] Section 15. That Section 9.100.260, entitled “Infraction penalties” of the Pasco Municipal Code, shall be and hereby is amended to read as follows: 9.100.260 Infraction penalties. Penalties for infractions included in this chapter shall be those penalty amounts as set forth in the Infraction Rules for Courts of Limited Jurisdiction, Rule 6.2(d)(3), Parks and Recreation, as amended, for violations of similar provisions of the Washington Administrative Code PMC 1.05.080. Any infraction not otherwise specifically identified by class shall be a class 2 civil infraction. [Code 1970 § 9.48.300.] Page 26 of 33 Omnibus Ordinance - 6 Section 16. That Section 9.100.270, entitled “Penalty for violations” of the Pasco Municipal Code, shall be and hereby is amended to read as follows: 9.100.270 Penalty for misdemeanor violations. Unless otherwise provided, aAny person found guilty of violating any of the provisions or failing to comply with any of the mandatory requirements of this chapter shall be guilty of identified as a misdemeanor shall be subject to punishments as provided in PMC 9.01.080. [Ord. 3616 § 1, 2003; Ord. 3052 § 3, 1994; Ord. 1326 § 3, 1968; Code 1970 § 9.48.310.] Section 17. 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 27 of 33 KERR FERGUSON LAW, PLLC 7025 Grandridge Blvd., Suite A Kennewick, Washington 99336-7724 (509) 735-1542 MEMORANDUM TO: Debby Barham City Clerk FROM: Jessica Johanson-Kubin Attorney DATE: March 3, 2020 RE: City of Pasco - PMC Park Infractions ______________________________________________________________________________ The issue before the City Council is how to classify City Code park infractions. Currently, the PMC provides only that violations of any given section “constitute an infraction.” This raises potential problems because it possibly allows each individual ticketing officer broad discretion in deciding the amount of the fine for an infraction. In turn, this could lead to disparate treatment, even unintentionally, of people in similar circumstances. Standardizing the penalty for park code infractions eliminates this concern and ensures that the code is equitably enforced. Historically, there have been very few tickets issued due to park code infractions. There were no tickets issued from April 1, 2019 to the present. And in the past 3 years, only 7 tickets were issued for violations of the following sections: 3 violations for:  9.48.245; now PMC 9.100.210 Smoking at or near a park/playground/pool 1 violation for:  9.48.250; now PMC 9.100.220 Littering 3 violations for:  9.48.270; now PMC 9.100.240 Overnight Camping The proposed revisions to the Pasco Municipal Code include provisions making Littering and Overnight Camping violations a Class 2 civil infraction, subject to a $125 fine. The proposed revisions also include a provision making any infraction not otherwise specifically identified by class, a Class 2 civil infraction. Smoking violations are not specifically identified by class, so it would be considered a Class 2 civil infraction and subject to a $125 fine, under the proposed revisions. Page 28 of 33 For comparison, Richland’s Municipal Code designates most park code violations, such as littering and camping, as gross misdemeanors, punishable by not more than 364 days imprisonment, or a fine of not more than $5000, or both (RMC 9.22.070(A)). Only violations relating to mooring watercraft are civil infractions in Richland’s park code (RMC 9.22.070(B)). Kennewick’s Municipal Code states, “violation of a park rule which independently is a criminal act shall be punished as the crime; violation is otherwise an infraction” (KMC 10.08.040). The KMC further states that the default amount for a Class 1 civil infraction shall be $250; Class 2 shall be $125; Class 3 shall be $50; and Class 4 shall be $25 (KMC 1.12.030). Similar to the current PMC, the KMC does not assign classes to the park infractions. Lakewood’s Municipal Code designates some violations, such as those relating to littering, smoking, and camping, as civil infractions subject to a fine of not more than $125 (LMC 8.76.570). Other violations, such as those relating to firearms or fireworks, are designated as misdemeanors and subject to a fine of not more than $1,000, or imprisonment for not more than 90 days, or both (8.76.580). Likewise, of the 14 infractions listed in our current park code, the following jurisdictions have assigned the following Class to similar violations: PMC/Proposed Class Other Jurisdiction PMC 9.100.070 – Posting Signs Richland Municipal Code 27.04.01 Class 3 infraction/$50 Infraction/$50 PMC 9.100.100 - Animals Richland Municipal Code 9.22.070 Class 3 infraction/$50 Gross misdemeanor PMC 9.100.120 – Feeding animals Lakewood Municipal Code 8.76.341 Class 3 infraction/$50 Infraction/up to $125 PMC 9.100.130 – Commercial activity Richland Municipal Code 23.42.051 Class 2 infraction/$125 None specified PMC 9.100.140 – Parking for certain purposes Richland Municipal Code 9.22.070 prohibited Gross misdemeanor Class 3 infraction/$50 PMC 9.100.160 – Skateboarding Richland Municipal Code 11.50.030 Class 3 infraction/$50 Traffic infraction/$250 PMC 9.100.170 – Noise Richland Municipal Code 9.22.070 Class 3 infraction/$50 Gross misdemeanor PMC 9.100.190 – Trail use Lakewood Municipal Code 8.76.250 Class 1 infraction/$250 Infraction/up to $125 Page 29 of 33 PMC 9.100.200 – Golfing, baseball, Kennewick Municipal Code 11.88.250 swimming, etc. Misdemeanor/up to 90 days or $1000 Class 1 infraction/$250 PMC 9.100.220 – Littering Richland Municipal Code 9.22.070 Class 2 infraction/$125 Gross misdemeanor PMC 9.100.230 – Building fires Richland Municipal Code 9.22.070 Class 1 infraction/$250 Gross misdemeanor PMC 9.100.240 – Overnight camping Richland Municipal Code 9.22.070 Class 2 infraction/$125 Gross misdemeanor JJK/hm Page 30 of 33 AGENDA REPORT FOR: City Council March 4, 2020 TO: Dave Zabell, City Manager Workshop Meeting: 3/9/20 FROM: Richa Sigdel, Director Finance SUBJECT: Donation Policy for Acceptance of Community Donations I. REFERENCE(S): Draft Ordinance II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: None III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: The City of Pasco is the occasional recipient of donations of land, cash, and various other items. Donations are offered for a variety of reasons: to promote individuals, organizations, or groups; to memorialize an individual, a family, or a group; and for altruistic purposes (e.g. enhancing or maintaining a City program). RCW 35.21.100 requires donations of cash, personal or real propert y to municipalities be accepted by ordinance. Cities may accept each donation via separate ordinance or may adopt a general ordinance to establish a procedure for accepting and accounting for donations. V. DISCUSSION: Staff is proposing to adopt a general ordinance and has developed a process for accepting such donations. This will allow for consistent, City-wide policy and process for acceptance of cash, personal, or real property donations for public purposes. Page 31 of 33 Ordinance: Donations- 1 ORDINANCE NO AN ORDINANCE authorizing acceptance of donations made to the City of Pasco for any public purpose. WHEREAS, The Revised Code of Washington 35.21.100 provides every city to accept any money or property donated, devised, or bequeathed to it and carry out the terms of the donation, devise, or bequest, if within the powers granted by law. If no terms or conditions are attached to the donation, devise, or bequest, the city may expend or use it for any municipal purpose, and WHEREAS, The City can establish by ordinance a procedure for accepting donations to the City; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Definition. As used in this ordinance, the term "donation" refers to any money or property, real or personal, donated, devised or bequeathed, with or without restriction, to the city of Pasco. Section 2. Manager Authorized to Accept. The City Manager or his/her designee is hereby authorized to accept donations and to carry out any conditions thereof, if same is within the powers granted by law to the City. The City Manager may decline to accept a donation if such donation is not consistent with the policies, plans, goals or ordinances of the City of Pasco or if acceptance of same is contrary to law. The City Manager shall report to the Council all donations accepted by the City in an annual basis. Section 3. Ownership. Any donations to the City become the property of the City. Section 4. Disposition of Property. The City Manager shall hold, use or dispose of any property donated in accordance with any terms and conditions of said donation. If the donation is without conditions, the Manager shall hold, use or dispose of the property in the manner deemed most appropriate under the laws, policies, goals and plans of the City of Pasco. Monetary donations shall be deposited in the appropriate fund to carry out the conditions thereof; and if said donations are given without conditions said funds shall be deposited in the General Fund to be appropriated pursuant to the budget process. Section 5. Policies and Procedures. The City Manager shall promulgate appropriate procedures and policies to facilitate the making of donations to the City of Pasco. Section 6. This Ordinance shall take full force and effect five days after its approval, passage and publication as required by law. Page 32 of 33 Ordinance: Donations- 2 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 Page 33 of 33