HomeMy WebLinkAbout2020.11.02 Council Remote Meeting PacketRemote Regular Meeting
AGENDA
PASCO CITY COUNCIL
7:00 p.m.
November 2, 2020
Page
1. REMOTE MEETING INSTRUCTIONS:
(a) Governor Inslee's Proclamation No. 20-28, made in response to the
COVID-19 emergency, prohibits members of the public from attending
City meetings in-person but requires agencies to provide options for the
public to participate in remotely. To best comply, the City asks all
members of the public that would like to comment regarding items on
the agenda, where the public is allowed to speak, to fill out a form via
the City’s website (www.pasco-wa.gov/publiccomment) to obtain access
information to comment. Requests to comment in meetings must be
received by 4:00 p.m. on the day of each meeting.
To listen to the meeting via phone, call (213) 929-4212 and use access
code 555-318-622.
City Council meetings are broadcast live on PSC-TV Channel 191 on
Charter/Spectrum Cable in Pasco and Richland and streamed at
www.pasco-wa.gov/psctvlive and on the City’s Facebook page at
www.facebook.com/cityofPasco.
2. CALL TO ORDER:
3. ROLL CALL:
(a) Pledge of Allegiance
4. 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 - 13 (a) Approval of Meeting Minutes
To approve the minutes of the Pasco City Council remote Meeting held on
October 19, 2020, and remote Workshop held on October 26, 2020.
14 - 15 (b) Bills and Communications
Page 1 of 67
Remote Regular Meeting November 2, 2020
To approve claims in the total amount of $2,966,038.01 ($1,847,749.54 in
Check Nos. 238190-238411; $312,969.90 in Electronic Transfer Nos.
829620-289709, 829749-829792, 829805-829900, 829906, 829911, 829922-
829957; $13,468.51 in Check Nos. 53449-53460; $788,135.95 in Electronic
Transfer Nos. 30153722-30154234; $3,714.11 in Electronic Transfer Nos.
722-723).
16 - 25 (c) Ordinance - PMC Amendment for Preliminary Plat Timeline Extension
(CA 2020-008)
To adopt Ordinance No. 4500, relating to preliminary plat timeline
extensions amending PMC Sections 21.25.080 “Adjustments of an approved
preliminary plat" and 21.30.010 "Application," and further, authorize
publication by summary only.
26 - 32 (d) Ordinance - Parking Code Updates under Section 10.65.030 of the Pasco
Municipal Code
To adopt Ordinance No. 4501, amending the PMC Section 10.65.030
"Extended Unauthorized Parking Prohibited" and, further, authorize
publication by summary only.
33 - 42 (e) Resolutions - Wastewater Treatment Plant Sole Source Purchase
To approve Resolution No. 4006, approving the purchase of the
Instrumentation System Components from Hach for the Municipal
Wastewater Treatment Plant.
To approve Resolution No. 4007, approving the purchase of the Single-
Stage Centrifugal Turbo Blowers from Sulzer for the Municipal Wastewater
Treatment Plant.
(RC) MOTION: I move to approve the Consent Agenda as read.
5. PROCLAMATIONS AND ACKNOWLEDGEMENTS:
6. REPORTS FROM COMMITTEES AND/OR OFFICERS:
(a) Verbal Reports from Councilmembers
7. HEARINGS AND COUNCIL ACTION ON ORDINANCES AND
RESOLUTIONS RELATING THERETO:
43 - 49 (a) Ordinance - Continued Public Hearing for Vacating a Portion of E
Pueblo Street (MF# VAC2019-006)
CONDUCT CONTINUED PUBLIC HEARING
Page 2 of 67
Remote Regular Meeting November 2, 2020
MOTION: I move to adopt Ordinance No. 4502, vacating a portion of East
Pueblo Street; and further authorize publication by summary only.
8. ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS:
50 - 53 (a) Resolution - 2021 Legislative Priorities
MOTION: I move to approve Resolution No. 4008, declaring the City's
legislative priorities for the 2021 session of the Washington State
Legislature.
54 - 58 (b) Resolution - Granting Limited Authority to City Manager for Land /
Easement / Right-of-Way Acquisitions
MOTION: I move to approve Resolution No.3995, granting limited
authority to the City Manager regarding acquisition of real property and
easements, granting of easements over right-of-way relating to private or
public development projects, and other matters relating thereto.
9. UNFINISHED BUSINESS:
10. NEW BUSINESS:
59 - 63 (a) *Extension of the appointment of Six (6) Inclusion, Diversity and Equity
Commissioners
MOTION: I move to extend the appointments of Elousie Sparks, Jeffrey
Robinson, Joel Nunn-Sparks, Kyle Saltz, Maria Torres Mendoza, and Naima
Chambers Smith to the Inclusion, Diversity, and Equity Commission
through December 31, 2021.
64 - 67 (b) *Bid Award for Court Street Overlay
MOTION: I move to award the Court Street Overlay project to Central
Washington Asphalt, Inc. of Moses Lake, Washington in the amount of
$390,111.00 and, further, authorize the City Manager to execute the contract
documents.
11. MISCELLANEOUS DISCUSSION:
12. EXECUTIVE SESSION:
(a) Executive Session to Consider Acquisition of Real Estate per RCW
42.30.110(1)(c) (20 minutes)
13. ADJOURNMENT:
Page 3 of 67
Remote Regular Meeting November 2, 2020
(a) (RC) Roll Call Vote Required
* Item not previously discussed
Q Quasi-Judicial Matter
MF# “Master File #....”
(b)
REMINDERS:
• Thursday, November 5, 5:30 PM: Parks & Recreation Advisory
Board – virtually - GoToMeeting (COUNCILMEMBER DAVID
MILNE, Rep.; MAYOR SAUL MARTINEZ, 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 4 of 67
AGENDA REPORT
FOR: City Council October 28, 2020
TO: Dave Zabell, City Manager Remote Regular Meeting:
11/2/20
FROM: Debby Barham, City Clerk
Administrative & Community Services
SUBJECT: Approval of Meeting Minutes
I. REFERENCE(S):
10.19.2020 & 10.26.20 Draft Council Minutes
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
To approve the minutes of the Pasco City Council remote Meeting held on October 19,
2020, and remote Workshop held on October 26, 2020.
III. FISCAL IMPACT:
None
IV. HISTORY AND FACTS BRIEF:
V. DISCUSSION:
Page 5 of 67
REMOTE REGULAR
MEETING
MINUTES
PASCO CITY COUNCIL OCTOBER 19, 2020
REMOTE MEETING INSTRUCTIONS:
Governor Inslee's Proclamation No. 20-28.11, made in response to the COVID-
19 emergency, continued to prohibit members of the public from attending City
meetings in-person but required agencies to provide options for the public to
participate in remotely. To best comply, the City asked all members of the
public that would like to comment regarding items on the agenda to fill out a
form via the City’s website (www.pasco-wa.gov/publiccomment). As of 4:00
p.m. on Monday, October 19, 2020, zero (0) requests to speak were received.
CALL TO ORDER:
The meeting was called to order at 7:00 PM by Saul Martinez, Mayor.
ROLL CALL:
Councilmembers present: Ruben Alvarado, Blanche Barajas, Craig Maloney,
Saul Martinez, David Milne, and Pete Serrano. Zahra Roach was excused from
attending the meeting.
Staff present: Dave Zabell, City Manager; Colleen Chapin, Human Resources
Director; Craig Briggs, Acting 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:
Approval of Meeting Minutes
To approve the minutes of the Pasco City Council remote Workshop and
Meeting held on October 5, 2020, and remote Workshop held on October 12,
2020.
Bills and Communications
To approve claims in the total amount of $3,954,930.89 ($2,825,520.25 in
Check Nos. 237946-238189; $281,709.55 in Electronic Transfer Nos. 829794,
829801, 829804; $11,662.88 in Check Nos. 53439-53448; $832,888.78 in
Electronic Transfer Nos. 30153198-30153721; $3,149.43 in Electronic Transfer
Nos. 715-721).
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
$109,017.35 and, of that amount, authorize $0.00 to be turned over for
collection.
Resolution - Interlocal Agreement with Port of Pasco for Sewer Main
Installation
To approve Resolution No. 3999, approving the Interlocal Agreement with the
Port of Pasco extending the sanitary service line at the Fire Training Center at
1011 E. Ainsworth Avenue and further, authorize the City Manager to execute
Page 1 of 5 Page 6 of 67
REMOTE REGULAR
MEETING
MINUTES
PASCO CITY COUNCIL OCTOBER 19, 2020
the agreement.
Resolution - Interlocal Agreement with Emergency Management Services
To approve Resolution No. 4000, approving the proposed Interlocal Agreement
with Emergency Management Services and further, authorize the City Manager
to execute the agreement.
Resolution - Sole Source Purchase for Self Contained Breathing Apparatus
(SCBA) Purchase
To adopt Resolution No. 4001, waiving the competitive bidding requirement
and approving the purchase of Self Contained Breathing Apparatus from LN
Curtis & Sons and further, authorize the City Manager to execute the purchase
agreement.
Tourism Promotion Area Update and 2021 Budget & Marketing Plan
To approve the 2021 Marketing Plan and Operating Budget for the Tourism
Promotion Area in the total amount of $1,795,986.
MOTION: Mayor Pro Tem Barajas moved to approve the Consent Agenda as
read. Mr. Maloney seconded. Motion carried by unanimous Roll Call vote.
REPORTS FROM COMMITTEES AND/OR OFFICERS:
Verbal Reports from Councilmembers
Mr. Alvarado commented on the Benton Franklin Council of Governments
(BFCOG) meeting he attended recently.
Mayor Martinez commented on the Tri-Cities National Park Committee and the
weekly COOP meetings he attended recently.
General Fund Monthly Report - September 2020
Ms. Sigdel briefed Council on the current trend of the sales tax revenue relating
to the General Fund.
Mr. Maloney and Ms. Sigdel discussed the projected 2020 General Fund ending
balance based on the current trend.
Ben Franklin Transit 2019 Annual Report
Mr. Zabell highlighted the Ben Franklin Transit (BFT) 2019 Annual Report and
the COVID-19 precautions that BFT is currently administrating.
Discussion regarding the ridership of BFT ensued between Mr. Serrano and Mr.
Alvarado.
HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS
RELATING THERETO:
Ordinance - Street Vacation: A Portion of South Cedar Ave (MF# VAC
2020-005)
Mr. White described the location and purpose of the proposed vacation.
Mayor Martinez declared the Public Hearing open at 7:20 PM to consider the
proposed street vacation of a portion of South Cedar Avenue. Following three
calls for comments, and there being none, Mayor Martinez declared the Public
Page 2 of 5 Page 7 of 67
REMOTE REGULAR
MEETING
MINUTES
PASCO CITY COUNCIL OCTOBER 19, 2020
Hearing closed at 7:20:59 PM.
MOTION: Mayor Pro Tem Barajas moved to adopt Ordinance No. 4499,
vacating a portion of South Cedar Avenue, and further, authorize publication by
summary only. Mr. Serrano seconded. Motion carried unanimously.
Resolution - 2019 Annual Action Plan Amendment for Use of CDBG-CV3
Funds for COVID-19 Response (BGAP2020-006)
Mr. White provided a brief update on the proposed 2019 Annual Action Plan
Amendment and noted that a written public comment from the Boys & Girls
Clubs of Benton and Franklin Counties was also included in the agenda packet.
Mayor Martinez declared the Public Hearing open at 7:23 PM to consider the
proposed 2019 Annual Action Plan Amendment for the use of Community
Development Block Grant (CDBG) CV3 funds for COVID-19 response.
Following three calls for comments, and there being none, Mayor Martinez
declared the Public Hearing closed at 7:24 PM.
MOTION: Mayor Pro Tem Barajas moved to approve Resolution No. 4002,
amending the CDBG Program Year 2019 Annual Action Plan for CDBG-CV
Supplemental Funding in response to COVID-19. Mr. Maloney seconded.
Motion carried unanimously.
ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS:
Resolution - Local CARES Utility Assistance Program
Ms. Sigdel explained the need to provide local CARES funds to cover utility
assistant grants for those utility customers that have been negatively affected by
COVID-19 and unable to pay their utility bills. She explained the three options
for processing the grants available for Council consideration.
Mr. Briggs noted that Option A likely does not meet the federal requirements
and therefore, may expose the City when an audit is conducted.
Mr. Serrano, Ms. Sigdel and Mr. Briggs further discussed the options, as well
as the current amount, of nearly $550K, delinquent utility payments .
Mr. Maloney asked Ms. Sigdel to described the outreach program to notify
those customers that may benefit from this grant program.
MOTION 1: Mayor Pro Tem Barajas moved to approve Resolution No. 4003,
authorizing four hundred thousand dollars of the Department of Commerce
Coronavirus Relief Funds for utility assistance. Mr. Milne seconded. Motion
carried unanimously.
MOTION 2: Mayor Pro Tem Barajas moved to direct the City Manager to
implement the Utility Assistance Program using the local criteria as discussed,
and the Option B criteria for compliance with federal guidelines. Mr. Maloney
seconded. Motion carried unanimously.
Resolution - Interlocal Agreement with Franklin County for Jail Services
Police Chief Roske explained that the proposed Interlocal Agreement (ILA) is a
renewal agreement; he highlighted the bed rate increases and the added benefits
to those increases.
Page 3 of 5 Page 8 of 67
REMOTE REGULAR
MEETING
MINUTES
PASCO CITY COUNCIL OCTOBER 19, 2020
Mr. Maloney asked for additional information related to the jail services and the
Public Safety Tax of 0.03 percent enacted a few years ago that Franklin County
receives for the use of criminal justice purposes and for public health and
safety. Police Chief Roske stated that an analysis conducted by the City's
Finance Department resulted in no duplication of funding for jail services
through the Public Safety Tax and the ILA between Franklin County and the
City of Pasco.
MOTION: Mayor Pro Tem Barajas moved to adopt Resolution No. 4004,
authorizing the City Manager to execute a four-year interlocal agreement with
Franklin County for the use of jail facilities. Mr. Milne seconded. Motion
carried unanimously.
Resolution - Setting Public Hearing for Vacation of Public Access
Easement on Coca Cola Property (formerly Henry St.)
Mr. Worley explained the process for vacating a public access easement.
MOTION: Mayor Pro Tem Barajas moved to approve Resolution No. 4005,
setting a public hearing date of November 16, 2020 for the Vacation of Utility
and Public Access Easements across Coca Cola's property east of Road 34. Mr.
Milne seconded. Motion carried unanimously.
NEW BUSINESS:
Lodging Tax Advisory Committee (LTAC) Recommendations for 2021
Ms. Pashon provided a brief history of the Lodging Tax funding and then
explained the proposed funding recommendations for 2021. Based on the
Committee's review of allowable uses and individual requests, the LTAC
recommended fund allocations as outlined below:
• $250,000 (est.) TRAC (HAPO Center), 50% of actual operating costs
• $130,000 Baseball Stadium Improvements Debt Service (20 -year
obligation on $2 million beginning 2019)
• $148,000 (est.) Visit Tri-Cities Promotion Services (50% of 2%)
• $ 3,900 Fund Administration and Expenses
• $ 10,000 Water Follies Event
• $ 5,000 Arc of Tri-Cities Event
• $ 20,000 Franklin County Historic Society Facility Improvements
• $ 20,000 Pasco Chamber of Commerce Events
• $589,900 TOTAL
MOTION: Mayor Pro Tem Barajas moved to approve the allocation of 2021
Lodging Tax receipts as recommended by the Lodging Tax Advisory
Committee. Mr. Serrano seconded. Motion carried unanimously.
MISCELLANEOUS DISCUSSION:
Mr. Zabell announced the City of Pasco's Communications Division was the
recipient of the Award of Distinction and two Awards of Honor from the
National Association of Telecommunications Officers and Advisors (NATOA)
for Governmental Programs.
Mayor Martinez presented the Award of Distinction to Communications
Program Manager Jon Funfar and congratulated Mr. Funfar for the excellent
programing he provides on behalf of the City.
Page 4 of 5 Page 9 of 67
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PASCO CITY COUNCIL OCTOBER 19, 2020
Next, Mr. Zabel updated Council on the City's COVID-19 testing site and
provided test statistics.
Lastly, Mr. Zabell announced that on Saturday, October 17, 2020, he and
Councilmembers Alvarado, Milne and Maloney walked along downtown Pasco
and had meaningful conversations with many business owners/managers
regarding their business needs and concerns.
Mr. Maloney also noted that the business owners located in downtown Pasco
want to be heard.
Mayor Martinez reminded the community to stay safe and do their part in
reducing the COVID-19 count.
ADJOURNMENT:
There being no further business, the meeting was adjourned at 8:14 PM.
APPROVED: ATTEST:
Saul Martinez, Mayor Debra Barham, City Clerk
Page 5 of 5 Page 10 of 67
REMOTE
WORKSHOP
MEETING
MINUTES
PASCO CITY COUNCIL OCTOBER 26, 2020
REMOTE WORKSHOP INSTRUCTIONS:
The Pasco City Council Workshop was broadcast live on PSC-TV Channel 191
on Charter/Spectrum Cable in Pasco and Richland and streamed at www.pasco-
wa.gov/psctvlive and on the City’s Facebook page at
www.facebook.com/cityofPasco. Call-in information to GoToWebinar for
"listen-only" mode was also made available.
CALL TO ORDER:
The meeting was called to order at 7:00 PM 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; Steve Worley, Public Works Director; and Debby
Barham, City Clerk.
The meeting was opened with the Pledge of Allegiance.
VERBAL REPORTS FROM COUNCILMEMBERS:
Ms. Roach reported on the recent Hanford Communities Board meeting and
subsequent meeting with the Department of Energy and Department of Ecology
representatives that she attended.
Mayor Martinez encouraged the community members to cast their votes.
Mr. Alvarado reported on the Good Roads Board and Association of
Washington Cities (AWC) meetings he attended recently.
ITEMS FOR DISCUSSION:
2021 Legislative Priorities
Mr. Zabell introduced Briahna Murray, Vice President, and Holly Cocci,
Assistant Government Affairs Consultant with Gordon Thomas Honeywell
Governmental Affairs (GTHGA) who presented the draft 2021 Legislative
Priorities.
Council, staff and the GTHGA staff discussed various aspects of the draft 2021
Legislative Priorities including the Mental Health Sales Tax increase, local
mental health needs, and how Councilmembers may be accessible with the
legislators in this virtual environment.
Mr. Serrano summarized the discussion and suggested moving "Defend Local
Control" and "Social & Criminal Justice Reform" priorities to the City of Pasco
Supports/Opposes section; and then truncate the "Mental Health Sales Tax" into
an overarching mental health issue and backdoor the sales tax portion of the
issue and reduce the priorities into a one-page document.
Page 1 of 3 Page 11 of 67
REMOTE
WORKSHOP
MEETING
MINUTES
PASCO CITY COUNCIL OCTOBER 26, 2020
Potential Amendments to PMC 6.05.010 Definitions - Potentially
Dangerous Animal
Mr. Zabell provided a brief review of the breed specific language within section
6.05.010 of the Pasco Municipal Code (PMC). Mr. Zabell requested that
Council consider the timing, if outreach is needed, and possibility of holding a
public hearing for a possible PMC amendment and if Council needed any
special or technical information needed to make a decision on this topic.
Council and staff discussed what Council needs to make a decision on the breed
specific language within the PMC and included:
• Desire to make a decision by the end of 2020.
• Requested history of dog bites within Pasco - frequency and severity of
the bites.
• Requested statistics from other communities after they changed their
municipal codes related to breed specific language.
• Public Hearing or opportunity to hear from the public is not necessary.
• Bring this item back for Council's discussion at a Workshop and make a
decision at a following meeting.
Tri City Animal Shelter Update
Mr. Zabell noted that he and Mr. Ratkai had recently met with the Councils of
the Cities of Kennewick and Richland to discuss the Tri Cities Animal Control
Shelter options. Mr. Ratkai shared a brief history and the status of the recent
options for a new Tri Cities Animal Shelter facility. They both reported ba ck on
the direction from the other two Cities and noted that Strategic Construction
Management (SCM) was retained by the City of Pasco to manage the design
and construction of the new facility. Mr. Robison and Ms. Harvey from SCM
described the updated design of the proposed animal shelter facility.
Council, staff and the SCM staff discussed the proposed new animal shelter and
constructing a functional, not fancy, animal shelter. Discussion of approval and
funding the new facility by the three Cities also ensued. Council concurred to
move forward on building a new animal shelter facility.
Introduce Ordinance - Parking Code Updates under Section 10.65.030 of
the Pasco Municipal Code
Police Chief Roske explained the proposed updates to Section 10.65.030 of the
Pasco Municipal Code (PMC) related to prohibited extended unauthorized
parking along the street right-of-ways.
2019-2020 Financial Update
Ms. Sigdel reported on the 2019-2020 financial update and stated that the City
is projected to end the biennium in good standing.
Introduce Resolutions - Wastewater Treatment Plant Sole Source
Purchase
Mr. Worley introduced Ms. Serra, CIP Manager, who explained the need to
sole source two (2) purchases for equipment for the Wastewater Treatment
Plant.
Communication Site License Agreement with AT&T (Water Tower)
Mr. Worley stated that AT&T is requesting use of the City's Irrigation Water
Tower to mount equipment and antennas for their needs.
Page 2 of 3 Page 12 of 67
REMOTE
WORKSHOP
MEETING
MINUTES
PASCO CITY COUNCIL OCTOBER 26, 2020
MISCELLANEOUS COUNCIL DISCUSSION:
Mr. Zabell announced the following:
• Congratulated Pasco Police Department Officer Ray Aparicio who was
recently awarded "Public Servant of the Year" by the Hispanic Chamber
of Commerce.
• Announced the Washington State Department of Health and Centers for
Disease Control and Prevention (CDC) Key Points in mitigating
COVID-19 during the upcoming Halloween celebration:
1. Wear a face mask;
2. Avoid confined spaces (indoors) with others;
3. Limit close contact with people outside of the household;
4. Wash and sanitize hands often; and
5. Stay home if you are ill.
• The City of Pasco's Recreation Division is preparing "COVID Safety
Kits" that will be handed out before and during the upcoming
Halloween "Trunk or Treat" event.
ADJOURNMENT:
There being no further business, the workshop was adjourned at 9:50 PM.
APPROVED: ATTEST:
Saul Martinez, Mayor Debra Barham, City Clerk
Page 3 of 3 Page 13 of 67
AGENDA REPORT
FOR: City Council October 29, 2020
TO: Dave Zabell, City Manager Regular Meeting: 11/2/20
FROM: Richa Sigdel, Director
Finance
SUBJECT: Bills and Communications
I. REFERENCE(S):
Accounts Payable 11.02.20
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
To approve claims in the total amount of $2,966,038.01 ($1,847,749.54 in Check Nos.
238190-238411; $312,969.90 in Electronic Transfer Nos. 829620-289709, 829749-
829792, 829805-829900, 829906, 829911, 829922-829957; $13,468.51 in Check Nos.
53449-53460; 30153722Nos. Transfer $788,135.95 in Electronic -30154234;
$3,714.11 in Electronic Transfer Nos. 722-723).
III. FISCAL IMPACT:
IV. HISTORY AND FACTS BRIEF:
V. DISCUSSION:
Page 14 of 67
REPORTING PERIOD:
November 2, 2020
Claims Bank Payroll Bank Gen'l Bank Electronic Bank Combined
Check Numbers 238190-238411 53449-53460
Total Check Amount $1,847,749.54 $13,468.51 Total Checks 1,861,218.05$
Electronic Transfer Numbers 829620-829709 30153722-30154234 722-723
829749-829792
829805-829900
829906
829911
829922-829957
Total EFT Amount $312,969.90 $788,135.95 $3,714.11 $0.00 Total EFTs 1,104,819.96$
Grand Total 2,966,038.01$
Councilmember
822,962.93
6,340.23
0.00
5,411.10
26,075.00
0.00
55.39
48,217.99
10,076.05
182.18
47,677.39
1,218.86
397.80
1,631.69
692.05
14,583.33
0.00
18,240.61
0.00
HOTEL/MOTEL EXCISE TAX 12,714.03
0.00
47,786.62
791,635.87
25,195.54
0.00
38,272.79
315.20
259.00
1,046,096.36
GRAND TOTAL ALL FUNDS:2,966,038.01$
The City Council
October 15 - October 28, 2020
C I T Y O F P A S C O
Council Meeting of:
Accounts Payable Approved
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 Darcy Buckley, Finance Manager
We, the undersigned City Councilmembers of the City Council of the City of Pasco, Franklin County, Washington, do hereby certify on this
2nd day of November, 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
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
EQUIPMENT RENTAL - OPERATING BUSINESS
REVOLVING ABATEMENT
TRAC DEVELOPMENT & OPERATING
PARKS
ECONOMIC DEVELOPMENT
STADIUM/CONVENTION CENTER
LID
GENERAL CAP PROJECT CONSTRUCTION
UTILITY, WATER/SEWER
EQUIPMENT RENTAL - OPERATING GOVERNMENTAL
EQUIPMENT RENTAL - REPLACEMENT BUSINESS
MEDICAL/DENTAL INSURANCE
FLEX
PAYROLL CLEARING
Page 15 of 67
AGENDA REPORT
FOR: City Council October 29, 2020
TO: Dave Zabell, City Manager Remote Regular Meeting:
11/2/20
FROM: Rick White, Director
Community & Economic Development
SUBJECT: Ordinance - PMC Amendment for Preliminary Plat Timeline Extension (CA
2020-008)
I. REFERENCE(S):
Proposed Ordinance
PC Report from September 17, 2020
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to adopt Ordinance No. ____, relating to preliminary plat timeline
extensions amendi 21.25.080 Sections PMC ng approved an of “Adjustments
preliminary plat" and 21.30.010 "Application," and further, authorize publication by
summary only.
III. FISCAL IMPACT:
None
IV. HISTORY AND FACTS BRIEF:
In 2013, the Washington State Legislature amended RCW 58.17.140, extending the
time period after preliminary plat approval within which a subdivider has to file for
final plat.
As part of that legislation, a city or county retains the authority to adopt, by ordinance,
procedures to allow extensions of the statutory time period for filing a final plat, such
extensions may include “additional or altered conditions and requirements” (RCW
58.17.140(4)). To date, the City has not adopted such an ordinance, without which the
statutory time period five (5) years controls the time in which a preliminary plat must
be finalized.
On September 17, 2020, the Planning Commission met and recommended the City
Council adopt the proposed Pasco Municipal Code (PMC) amendment relating to
Page 16 of 67
Preliminary Plat Timeline Extensions, and amend Sections 21.25.080 and 21.30.010 of
the PMC.
On October 12, 2020 Council met in Workshop to discuss the proposed PMC
amendment.
V. DISCUSSION:
Adoption of the proposed ordinance would create an administrative method to allow an
extension of up to a single year on filing a final plat is recommended as an important
tool in the way of flexibility for platting, particularly as the City looks forward to
platting activity in the expanded Urban Growth Area and the challenge of extending
major utility systems to serve that area.
Any administrative extension beyond one-year, as contained within the proposed
ordinance, would require approval through the City's Hearing Examiner.
Staff recommends Council adoption of the proposed ordinance.
Page 17 of 67
Ordinance - Amending PMC 21.25.280 & 21.30.010 - 1
ORDINANCE NO. _______
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PASCO,
WASHINGTON, RELATING TO PRELIMINARY PLAT TIMELINE
EXTENSIONS, AND AMENDING PMC SECTIONS 21.25.080
“ADJUSTMENTS OF AN APPROVED PRELIMINARY PLAT” AND 21.30.010
“APPLICATION”
WHEREAS, cities have the responsibility to regulate and control the physical
development within their borders and to ensure public health, safety and welfare are maintained;
and
WHEREAS, the City of Pasco has subdivision regulations that encourage orderly growth
and development; and
WHEREAS, in 2013 the Washington State Legislature amended RCW 58.17.140
extending the time period after preliminary plat approval within which a subdivider has to file for
final plat; and
WHEREAS, as part of that legislation, a city or county retains the authority to adopt by
ordinance procedures to allow extensions of time periods for filing a final plat, which extensions
may include “additional or altered conditions and requirements” (RCW 58.17.140(4)); and
WHEREAS, these deadlines and deadline extensions do not apply to short plat approvals;
and
WHEREAS, RCW 58.17.140(2) requires that short plat processing, which is not divided
by state law into preliminary and final stages, must be completed within 30 days of the application,
unless the applicant agrees to an extension; and
WHEREAS, the City of Pasco did not adopt an ordinance allowing extensions of these
time periods; and
WHEREAS, without such an ordinance, the time period in the statute (5 years) controls;
and
WHEREAS, the City Council has determined that to further the purposes of
comprehensive planning and to maintain and protect the welfare of the community in the area of
land use decisions, it is necessary to amend PMC Section 21.25.080 entitled “Adjustments of an
approved preliminary plat” and PMC Section 21.30.010 entitled “Application.”
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. That Section 21.25.080 entitled “Adjustments of an approved preliminary plat”
of the Pasco Municipal Code shall be and hereby is amended and shall read as follows:
Page 18 of 67
Ordinance - Amending PMC 21.25.280 & 21.30.010 - 2
21.25.080 Adjustments of an approved preliminary plat.
(1) Minor Adjustments. Minor adjustments may be made and approved by the Director of
Community & Economic Development or assign(s). Minor adjustments are those which may affect
the precise dimensions of the plat but which do not affect the basic character or arrangement of
the lots and streets. The adjustments cannot be inconsistent with the requirements of the
preliminary plat approval. The adjustments cannot cause the subdivision to be in violation of this
title, the zoning ordinance, any other applicable City land use controls, Chapter 58.17 RCW, or
any other applicable state law or regulation.
(2) Major Adjustments. Major adjustments are those, when determined by the Director of
Community & Economic Development or assign(s), that substantially change the basic design,
layout, open space or other requirements of the plat. When the Director of Community &
Economic Development or assign(s) determines a change constitutes a major adjustment, a new
application for a preliminary plat is required and shall be processed as a new and separate
application.
(3) Time Limitations. Except as provided in subsection (4) of this section, a preliminary plat
shall be valid for a five-year period following Hearing Examiner approval of the preliminary plat.
(4) An applicant who files a written request with the Department of Community & Economic
Development at least thirty days before the expiration of this five-year period may be granted a
single one-year extension upon showing that the applicant has attempted in good faith to submit
the final plat within the five-year period, and there are no risks to public health or welfare. [Ord.
4432 § 6, 2019; Ord. 3398 § 2, 1999; Code 1970 § 26.24.100. Formerly 21.25.100.]
Section 2. That Section 21.30.010 entitled “Application” of the Pasco Municipal Code
shall be and hereby is amended and shall read as follows:
(1) Except as provided in subsections (2) and (3) of this section, a final plat meeting all of the
requirements of this chapter shall be submitted to the C&ED Department for approval within seven
years of the date of the preliminary plat approval if the date of the preliminary plat approval was
on or after January 1, 2008, but before December 31, 2014, and within five years of the date of
preliminary plat approval, if the date of preliminary plat approval was on or after January 1, 2015.
(2) An applicant who files a written request with the Department of Community & Economic
Development at least thirty days before the expiration of this five-year period may be granted a
single one-year extension upon showing that the applicant has attempted in good faith to submit
the final plat within the five-year period and there are no risks to public health or welfare.
(23) A final plat meeting all requirements of this chapter shall be submitted to the C&ED
Department or approval within 10 years of the date of preliminary plat approval if the project is
within the City limits, not subject to the requirements adopted under Chapter 90.48 RCW
(Shoreline Management Plan), and the date of the preliminary plat approval was on or before
December 31, 2007.
Page 19 of 67
Ordinance - Amending PMC 21.25.280 & 21.30.010 - 3
(34) A complete application for final plat approval shall consist of 10 full-sized, four 11 x 17
paper copies and an electronic copy of the plat. The paper copies together with such supplementary
information and certificates, which may be required shall be submitted to the C&ED Department
at least 10 days prior to the date sought for final plat approval. Following written notification of
corrections or modifications necessary for the final plat, if any, the applicant shall submit a signed,
dated and stamped drawing of the subdivision with an updated electronic copy and the applicable
bonding instrument as identified in PMC 21.30.050. A bond will only be needed if there are
outstanding improvements to complete. [Ord. 4432 § 8, 2019; Ord. 4383 § 1, 2018; Ord. 4107 §
1, 2013; Ord. 4056 § 1, 2012; Ord. 3398 § 2, 1999; Code 1970 § 26.28.010.]
Section 3. 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, this 2nd day of November
2020.
Saul Martinez
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ____________________________
Debra Barham, CMC Kerr Ferguson Law, PLLC
City Clerk City Attorney
Published: _____________________
Page 20 of 67
MEMO TO PLANNING COMMISSION
PLANNING COMMISSION MEETING
City Hall – 525 North Third Avenue – Council Chambers
THURSDAY, September 17, 2019
7:00 PM
1
TO: Planning Commission
FROM: Jeffrey B. Adams, Associate Planner
SUBJECT: Preliminary Plat Timeline Extensions (CA 2020‐008)
HISTORY AND FACTS BRIEF:
In 2013 the Washington State Legislature amended RCW 58.17.140 extending the time period after
preliminary plat approval within which a subdivider has to file for final plat.
As part of that legislation a city or county retains the authority to adopt by ordinance procedures to
allow extensions of time periods for filing a final plat, which extensions may include “additional or
altered conditions and requirements” (RCW 58.17.140(4)).
Note: these deadlines and deadline extensions do not apply to short plat approvals. RCW
58.17.140(2) requires that short plat processing, which is not divided by state law into preliminary
and final stages, must be completed within 30 days of the application, unless the applicant agrees
to an extension.
DISCUSSION:
The City did not adopt an ordinance allowing extensions of these time periods. Without such an
ordinance, the time period in the statute (5 years) controls.
Several jurisdictions have adopted temporary regulations extending deadlines due to the COVID‐19
epidemic.
The proposed changes in verbiage for this code amendment are underlined as follows:
PMC 21.25.080 Adjustments of an approved preliminary plat.
(3) Time Limitations. Except as provided in subsection (4) of this section A
preliminary plat shall be valid for a five‐year period following Hearing Examiner
approval of the preliminary plat.
(4) An applicant who files a written request with the department of community
development at least thirty days before the expiration of this five‐year period may
be granted a single one‐year extension upon showing that the applicant has
attempted in good faith to submit the final plat within the five‐year period, and there
are no threats to public health or welfare.
Page 21 of 67
2
And,
PMC 21.30.010 entitled “Application” of the Pasco Municipal Code shall be and
hereby is amended and shall read as follows:
(1) Except as provided in subsections (2) and (3) of this section, a final plat meeting
all of the requirements of this chapter shall be submitted to the Planning Division for
approval within seven years of the date of the preliminary plat approval if the date
of the preliminary plat approval was on or after January 1, 2008, but before
December 31, 2014, and within five years of the date of preliminary plat approval, if
the date of preliminary plat approval was on or after January 1, 2015.
(2) An applicant who files a written request with the department of community
development at least thirty days before the expiration of this five‐year period may
be granted a single one‐year extension upon showing that the applicant has
attempted in good faith to submit the final plat within the five‐year period and there
are no threats to public health or welfare.
(3)(2) A final plat meeting all requirements of this chapter shall be submitted to the
Planning Division for approval within 10 years of the date of preliminary plat approval
if the project is within the City limits, not subject to the requirements adopted under
Chapter 90.48 RCW (Shoreline Management Plan), and the date of the preliminary
plat approval was on or before December 31, 2007.
(4)(3) A complete application for final plat approval shall consist of 10 full‐sized, four
11 x 17 paper copies and an electronic copy of the plat. The paper copies together
with such supplementary information and certificates which may be required shall
be submitted to the Planning Division at least 10 days prior to the date sought for
final plat approval. Following written notification of corrections or modifications
necessary for the final plat, if any, the applicant shall submit a signed, dated and
stamped drawing of the subdivision with an updated electronic copy and the
applicable bonding instrument as identified in PMC 21.30.050. A bond will only be
needed if there are outstanding improvements to complete.
RECOMMENDATION
MOTION: I move the Planning Commission recommend to City Council the adoption of the
proposed Code Amendment relating to Preliminary Plat Timeline Extensions, and Amending PMC
Sections 21.25.080 and PMC 21.30.010 as per the attached Ordinance (Exhibit “A”)
.
Page 22 of 67
Ordinance Relating to Preliminary
Plat Timeline Extensions - 1
ORDINANCE NO. _______
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PASCO,
WASHINGTON, RELATING TO PRELIMINARY PLAT TIMELINE
EXTENSIONS, AND AMENDING PMC SECTION 21.25.080(3) “TIME
LIMITATIONS”
WHEREAS, cities have the responsibility to regulate and control the physical
development within their borders and to ensure public health, safety and welfare are maintained;
and
WHEREAS, the City of Pasco has Subdivision regulations that encourage orderly growth
and development; and
WHEREAS, in 2013 the Washington State Legislature amended RCW 58.17.140
extending the time period after preliminary plat approval within which a subdivider has to file for
final plat; and,
WHEREAS, as part of that legislation a city or county retains the authority to adopt by
ordinance procedures to allow extensions of time periods for filing a final plat, which extensions
may include “additional or altered conditions and requirements” (RCW 58.17.140(4)); and
WHEREAS, these deadlines and deadline extensions do not apply to short plat approvals;
and,
WHEREAS, RCW 58.17.140(2) requires that short plat processing, which is not divided
by state law into preliminary and final stages, must be completed within 30 days of the application,
unless the applicant agrees to an extension; and
WHEREAS, the of Pasco City did not adopt an ordinance allowing extensions of these
time periods; and,
WHEREAS, without such an ordinance, the time period in the statute (5 years) controls;
and,
WHEREAS, the City Council has determined that to further the purposes of
comprehensive planning and to maintain and protect the welfare of the community in the area of
land use decisions, it is necessary to amend PMC Section 21.25.080(3) entitled “Time
Limitations;”
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. That Section of PMC 21.25.080(3) entitled “Time Limitations” of the Pasco
Municipal Code shall be and hereby is amended and shall read as follows:
21.25.080 Adjustments of an approved preliminary plat.
(1) Minor Adjustments. Minor adjustments may be made and approved by the City Planner. Minor
adjustments are those which may affect the precise dimensions of the plat but which do not affect
the basic character or arrangement of the lots and streets. The adjustments cannot be inconsistent
Page 23 of 67
Ordinance Relating to Preliminary
Plat Timeline Extensions - 2
with the requirements of the preliminary plat approval. The adjustments cannot cause the
subdivision to be in violation of this title, the zoning ordinance, any other applicable City land use
controls, Chapter 58.17 RCW, or any other applicable state law or regulation.
(2) Major Adjustments. Major adjustments are those, when determined by the City Planner, that
substantially change the basic design, layout, open space or other requirements of the plat. When
the City Planner determines a change constitutes a major adjustment, a new application for a
preliminary plat is required and shall be processed as a new and separate application.
(3) Time Limitations. Except as provided in subsection (4) of this section A preliminary plat shall
be valid for a five-year period following Hearing Examiner approval of the preliminary plat.
(4) An applicant who files a written request with the department of community development at
least thirty days before the expiration of this five-year period may be granted a single one-year
extension upon showing that the applicant has attempted in good faith to submit the final plat
within the five-year period, and there are no threats to public health or welfare.
Section 2. That Section of PMC 21.30.010 entitled “Application” of the Pasco Municipal
Code shall be and hereby is amended and shall read as follows:
(1) Except as provided in subsections (2) and (3) of this section, a final plat meeting all of the
requirements of this chapter shall be submitted to the Planning Division for approval within seven
years of the date of the preliminary plat approval if the date of the preliminary plat approval was
on or after January 1, 2008, but before December 31, 2014, and within five years of the date of
preliminary plat approval, if the date of preliminary plat approval was on or after January 1, 2015.
(2) An applicant who files a written request with the department of community development at
least thirty days before the expiration of this five-year period may be granted a single one-year
extension upon showing that the applicant has attempted in good faith to submit the final plat
within the five-year period and there are no threats to public health or welfare.
(3)(2) A final plat meeting all requirements of this chapter shall be submitted to the Planning
Division for approval within 10 years of the date of preliminary plat approval if the project is
within the City limits, not subject to the requirements adopted under Chapter 90.48 RCW
(Shoreline Management Plan), and the date of the preliminary plat approval was on or before
December 31, 2007.
(4)(3) A complete application for final plat approval shall consist of 10 full-sized, four 11 x 17
paper copies and an electronic copy of the plat. The paper copies together with such supplementary
information and certificates which may be required shall be submitted to the Planning Division at
least 10 days prior to the date sought for final plat approval. Following written notification of
corrections or modifications necessary for the final plat, if any, the applicant shall submit a signed,
dated and stamped drawing of the subdivision with an updated electronic copy and the applicable
bonding instrument as identified in PMC 21.30.050. A bond will only be needed if there are
outstanding improvements to complete.
Section 3. This ordinance shall take full force and effect five (5) days after its approval,
passage and publication as required by law.
Page 24 of 67
Ordinance Relating to Preliminary
Plat Timeline Extensions - 3
PASSED by the City Council of the City of Pasco, 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 67
AGENDA REPORT
FOR: City Council October 29, 2020
TO: Dave Zabell, City Manager Remote Regular Meeting:
11/2/20
FROM: Ken Roske, Police Chief
Police Department
SUBJECT: Ordinance - Parking Code Updates under Section 10.65.030 of the Pasco
Municipal Code
I. REFERENCE(S):
Proposed Ordinance - Amending PMC Section 10.65.030, Extended Unauthorized
Parking Prohibited
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to adopt Ordinance No. ____, amending the PMC Section
10.65.030 "Extended Unauthorized Parking Prohibited" and, further, authorize
publication by summary only.
III. FISCAL IMPACT:
None
IV. HISTORY AND FACTS BRIEF:
In 2016, the City Council adopted changes to its parking regulations to address the
occurrence of vehicles being stored within the right-of-way for long periods of time
and to begin regulating long-term parking issues within neighborhoods throughout the
City.
Police and Code Enforcement staff have been enforcing these regulations over the past
four years. A presentation to Council took place earlier this year to inform Council of
the effectiveness of the current code and to discuss possible modifications to improve
the effectiveness of the program.
As background, potentially unauthorized vehicles (i.e. “abandoned vehicles” or a
vehicles parked for extended periods of time) are brought to the Police Department’s
attention in one of three ways:
Page 26 of 67
1. A citizen complaint via online reporting (TrakIt software).
2. An officer is dispatched to an area based on a call into dispatch.
3. An officer observes a vehicle matching the criteria while on patrol
Under the current ordinance the time from identification/confirmation of an
enforcement law higher provided removal, ultimate its to vehicle unauthorized
priorities do not detract resources from the task, is forty-seven (47) days and includes
the following steps:
1. A complaint is received and the officer confirms that the vehicle matches the
unauthorized vehicle criteria. The vehicle is tagged with a yellow “Warning
Notice” for fourteen (14) days and the wheel positions are chalked on the
roadway.
2. The officer returns after fourteen (14) days and if the vehicle has not moved a
Parking Citation is issued. This vehicle is now allowed to stay in its current
position for an additional thirty (30) days.
3. The officer returns for a third time and if the vehicle still has not moved, it is
tagged with a red 72-Hour Police Tow Warning.
4. After the 72 hours has passed from the issuance of the tow warning, the officer
will return for a fourth time and if the vehicle is still not moved, the vehicle can
then be towed during regular business hours.
While the current ordinance was an improvement from prior regulations, the time
provisions and ambiguous language in certain areas have been identified by the work-
group as the major impediment to effective enforcement of unauthorized vehicles in
residential neighborhoods.
The 2016 Pasco Municipal Code (PMC) update improved the process for addressing
abandoned vehicles or vehicles parked in the right of way for long periods of time,
experience has demonstrated that current regulations still require an exorbitant amount
of valuable time and effort from a law enforcement officer. Current regulations
continue commercial or residential a within to nuisance a allow to remain
neighborhood for several weeks unabated, which is disruptive to nearby residents and
businesses and in some instances, could cause a traffic or public safety hazard.
Additionally, over the past two years staff has seen a rise in unauthorized vehicles on
the residential streets.
Staff lthe PMC the enforcing with tasked view engthy an which by process
unauthorized vehicle may be removed as an impediment to the Council’s intent of
ridding City streets of unauthorized vehicles. There have been numerous complaints by
residents frustrated with the leniency provided by the current language in terms of
corrective action, timeframes, and the ease of which some are working around the
parking regulations.
A multi-worktechnical disciplined -staff from of the group comprised Police
Department, Code Enforcement Division and the City Attorney's Office were tasked
Page 27 of 67
with evaluating the current regulations, impediments, reviewing statewide best
workThe rulings. applicable and practices court -developed group then
recommendations to improve effectiveness, clarity and implementation guidelines for
Council review and guidance.
Not surprisingly, the work-group identified the length of time required to declare a
vehicle a public nuisance as the primary issue in addressing the presence of an
unauthorized vehicle.
Another hurdle identified is the lack of a definition on how far a vehicle must move in
order to qualify for a new time period to be started. The Police Department has found
that vehicles are being moved slightly; as little as six (6) inches, and because the
definition fortythe missing, is -begins is Staff again. day cycle seven (47)
recommending that this issue be resolved by amending PMC subsection 10.65.030(8)
to require that the vehicle must be moved a minimum of twenty (20) feet for a duration
of forty-eight (48) hours from where the violation occurred.
When evaluating the current code, the work-group reviewed parking laws of
other municipalities as well as current rulings by the Washington State Supreme
Court. The proposed changes to the code are an effort to maintain a quality of life
and safety for those who reside in and visit the City of Pasco. The proposed
ordinance more appropriately defines unauthorized vehicles that remain on the
City as ofefforts enforcement the well timeliness as streets to the Police
Department and Code Enforcement Division personnel.
The proposed ordinance accomplishes the following:
1. Shortens the overall time of handling abandoned and derelict vehicles in
response to Council and citizen concerns.
2. Requires officers to observe the violation in person, not solely by a complaint.
3. Provides direction definitions and clears up ambiguous language.
4. Requires officers to make a reasonable attempt to contact the registered owner
before removing a vehicle solely on the basis of it being abandoned.
5. Creates three definitions of vehicles.
• "Abandoned vehicle" means any junk vehicle or hulk left within the right-or-
way of any public street, highway, alley or way open to the public for a period
of twenty-four hours.
• "Automobile hulk" or "hulk" or "junk vehicle" means a motor vehicle or
remnant or remains thereof which is apparently inoperable and is extensively
damaged or missing vital parts or mechanisms.
• "Unauthorized vehicle" means a vehicle that is subject to impoundment at the
direction of the City after being left unattended in one of the following
locations for the indicated period of time:
(a) Constituting a traffic hazard (see RCW 46.55.113). Subject to
removal immediately.
(b) Abandoned and tagged (see RCW 46.55.085). Subject to removal:
Page 28 of 67
seventy-two (72) hours after attachment of tag.
(c) Vehicles in violation of subsection 4. Subject to removal: seventy-two
(72) hours after attachment of tag.
Staff first brought this forward for discussion and direction from Council at the
February 10, 2020 Workshop and then brought it back for further review at the October
26.2020.
V. DISCUSSION:
Staff recommends adopting the proposed Ordinance amending PMC Section 10.65.030
related to extended unauthorized parking prohibited.
Page 29 of 67
Ordinance Amending PMC 10.65.030 - 1
ORDINANCE NO. ______
AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON,
AMENDING PASCO MUNICIPAL CODE SECTION 10.65.030 “EXTENDED
UNAUTHORIZED PARKING PROHIBITED”
WHEREAS, concern for health, safety and aesthetics surrounding abandoned and
unauthorized vehicles on City streets has increased in recent years; and
WHEREAS, the current municipal code provisions serve as an impediment to the ability
of City staff to timely address the presence of such vehicles within the City rights-of-way; and
WHEREAS, the aforementioned lack of ability to timely enforce current Code provisions
allows for compromised safety, health, and aesthetics of neighborhoods where such vehicles are
being left within the City rights-of-way, and are a continuing source of frustration to the Pasco
community at-large.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. That Section 10.65.030, entitled “Extended unauthorized parking
prohibited” of the Pasco Municipal Code, shall be and hereby is amended to read as follows:
10.65.30 Extended unauthorized parking prohibited.
(1) Statement of Purpose. In an effort to maintain a quality of life and safety for those residing
in and visiting the City of Pasco, residents shall make every effort to park within the property
boundaries of their residence, and/or owned property.
(2) Definitions for the purpose of this chapter:
“Abandoned vehicle” means any hulk, junk vehicle, or automobile hulk left within the right-of-
way of any public street, highway, alley or way open to the public for a period of twenty-four
hours. Indicators of an abandoned vehicle may be, but not limited to:
(a) Debris or wind-blown accumulations under or around vehicle suggesting it has not
been moved recently.
(b) Inoperable as indicated by: flat tires, missing vehicle body parts, leaking fluids,
broken windows or weeds growing around the vehicle, or other indicators.
“Automobile hulk” or “hulk” or “junk vehicle” means a remnant or remains there of which is
apparently inoperable and is extensively damaged or missing vital parts or mechanisms.
Page 30 of 67
Ordinance Amending PMC 10.65.030 - 2
“Unauthorized vehicle” means any vehicle left within the right-of-way of any public street,
highway, alley or way open to the public under one of the following scenarios:
(a) For a period of 14 days. Subject to removal: seventy-two (72) hours after
attachment of tag.
(b) Constituting a traffic hazard (see RCW 46.55.113). Subject to removal:
Immediately.
(c) Abandoned and tagged (see RCW 46.55.085). Subject to removal: seventy-two
(72) hours after attachment of tag.
“Vehicle” means any motor vehicle, car, truck, vehicle, van, tractor, bus, trailer (including boat
trailer with or without a boat situated thereon), recreational vehicle, tractor or semi-trailer,
motorcycle or boat or vessel (trailered or non-trailered), whether licensed or unlicensed, or
motorized or non-motorized, unless otherwise defined.
(3) The provisions in this Code grant the Pasco Police Department and its Officers, the
authority to tow unauthorized vehicles, as defined in this section, on public property and/or public
roadways for criteria contained herein.
(14) No person shall park a vehicle on any street or other municipal property for a period longer
than 14 days, unless an official posted sign provides a shorter period of time, or otherwise provided
by law, or allow an abandoned vehicle to remain on a street or other municipal property for a
period longer than 24 hours, without said vehicle relocating in conformance with subsection (8) of
this section. This timeline begins when an Officer observes the vehicle in person.
(25) Authorized vehicles on municipal property are excluded from the provisions of this section,
as are vehicles displaying valid proof of payment when parked in spaces controlled by a parking
payment device.
(36) Penalties. Any vehicle found to be in violation of this section is declared to be a public
nuisance, and shall be subject to a class 1 civil penalty as set by PMC 10.20.080. Any vehicle
cited under this section two or more times in any 180-day period or that remains in violation of
this section 30 or more days seventy-two (72) hours or more after citation and a tow notice is
affixed in a conspicuous place, may be impounded if no operator is present who will immediately
comply with this section.
(47) Notice to Owner. A law enforcement officer discovering a previously cited and
unauthorized vehicle as described in subsection (42(a) and (c)) of this section left within a street
right-of-way or other municipal property, shall attach to the vehicle a readily visible notification,
clearly labeled as an “Impound or Tow Notice”. The notification shall contain the following
information:
(a) The date and time the notification was attached;
Page 31 of 67
Ordinance Amending PMC 10.65.030 - 3
(b) The identity of the officer;
(c) A statement that if the vehicle is not removed within seventy-two (72) hours from
the time the notification is attached, the vehicle may be taken into custody and stored at
the owner’s expense;
(d) A statement that if the vehicle is not redeemed as provided in RCW 46.55.120, the
vehicle may be declared an abandoned vehicle and sold according to the terms of RCW
46.55.130;
(e) The address and telephone number where additional information may be obtained.
(58) Relocation of a vehicle for purposes of avoiding impound or citation is prohibited unless
the vehicle is Vehicles must be relocated a minimum of twenty (20) feet for a minimum duration
of forty-eight (48) hours from the location where the vehicle was noticed or the citation issued.
(9) It should be the general procedure that prior to removing a vehicle for the sole reason of
being an unauthorized vehicle, an Officer will attempt to contact the registered owner using
reasonable means.
(610) Unauthorized storage of personal effects, in conjunction with use of a vehicle or not, on
any public street or municipal property is prohibited.
(11) Nothing in this section prohibits an Officer from immediately towing a vehicle under
authority granted to them by the Revised Code of Washington (RCW) or the Washington
Administrative Code (WAC). [Ord. 4295, 2016; Ord. 4282, 2016; Code 1970 § 10.52.035.]
Section 2. This Ordinance shall take effect and be in force five days from and after its
passage, approval and publication as provided by law.
PASSED by the City Council of the City of Pasco, Washington, and approved as provided
by law this ____ day of _______________, 2020.
_____________________________
Saul Martinez
Mayor
ATTEST: APPROVED AS TO FORM:
______________________________ __________________________________
Debra Barham, CMC Kerr Ferguson Law, PLLC
City Clerk City Attorney
Published: _____________________
Page 32 of 67
AGENDA REPORT
FOR: City Council October 27, 2020
TO: Dave Zabell, City Manager Remote Regular Meeting:
11/2/20
FROM: Steve Worley, Director
Public Works
SUBJECT: Resolutions - Wastewater Treatment Plant Sole Source Purchase
I. REFERENCE(S):
Resolution & Sole Source Worksheet - Instrumentation System components
Resolution & Sole Source Worksheet - Blowers
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to approve Resolution No. ____, approving the purchase of the
Instrumentation Wastewater Municipal the for Components from System Hach
Treatment Plant.
MOTION: I move to approve Resolution No. ____, approving the purchase of the
Single-Stage Centrifugal Turbo Blowers from Sulzer for the Municipal Wastewater
Treatment Plant.
III. FISCAL IMPACT:
Instrumentation System Components Package: not to exceed the sum of $300,000
Blowers (2 units): not to exceed the sum of $500,000
Funding source: Low interest loan/revenue bond as part of the WWTP Improvements
Phase 1 project funding.
IV. HISTORY AND FACTS BRIEF:
City is authorized by RCW 39.04.280(1)(a) and RCW 39.04.280(1)(b) to waive
competitive bidding of purchases from a sole source supplier and purchases involving
special facilities. As background, sole source request worksheets have been prepared
and included in this agenda packet.
Throughout 2020, City staff and its consultant, Murraysmith, have worked on the
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design of the proposed upgrades to the City’s Municipal Wastewater Treatment Plant
(WWTP).
These upgrades were earlier identified in the WWTP facility plan (approved by
Department of Ecology in 2019), and segregated into two phases to address the near-
term capacity needs of the WWTP, to improve the efficiency of design execution, and
to better accommodate Ecology’s loan funding application schedule associated with the
first phase of work.
These sole source requests are for equipment to be installed as part of the proposed
Phase I upgrades to the City’s Municipal Wastewater Treatment Plant (WWTP). Phase
I is focused primarily on secondary treatment improvements and in-land outfall piping
replacement. Replacement of the in-river outfall and diffuser will be part of a
subsequent phase.
In evaluating the future equipment needs of the WWTP, the design team considered the
potential for efficiency, reliability, compatibility with existing systems and equipment,
along with ease of operation and maintenance.
When at all possible, a competitive bidding process is preferred to sole sourcing of
equipment. However, for some specific items, it was necessary to define in advance
requirements of the equipment selected, as in this case the equipment itself will dictate
associated infrastructure needs.
V. DISCUSSION:
Council and City staff discussed this item at the October 26, 2020 Council Workshop.
Staff recommends approval of the attached resolutions authorizing acquisition of
Sulzer Blowers and Hach Instrumentation System components for upgrades to the
City’s Wastewater Treatment Plant.
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Resolution Waiving Competitive Bidding Requirements/
Approving Purchase of Instrumentation System Components from Hach - 1
RESOLUTION NO. _______
A RESOLUTION OF THE CITY OF PASCO, WASHINGTON,
WAIVING THE COMPETITIVE BIDDING REQUIREMENTS AND
APPROVING THE PURCHASE OF INSTRUMENTATION SYSTEM
COMPONENTS FROM HACH FOR THE MUNICIPAL WASTEWATER
TREATMEMT PLANT.
WHEREAS, it is critical for the City of Pasco to have proper instrumentation
components to control other equipment at the Wastewater Treatment Plant (WWTP); and
WHEREAS, the City has need to purchase a number of probes sensors an controllers and
appurtenances as part of the Wastewater Treatment Plant (WWTP) improvements project; and
WHEREAS, the City currently uses Hach Instrumentation as a part of its standardized
system at the Municipal WWTP; and
WHEREAS, the City has supporting infrastructure and equipment existing and proposed
that is directly affected by the compatibility of the selected instrumentation components; and
WHEREAS, the Council of the City of Pasco hereby determines that the paramount
considerations in the acquisition of Hach Instrumentation is compatibility with existing
equipment, inventory and integration systems; and
WHEREAS, the design consultant for the project has identified the proposed
improvements at the Municipal WWTP requires the purchase of Instrumentation System
components as defined in Exhibit A; and
WHEREAS, the design consultant for the project has recommended the installation of
Hach Instrumentation system components; and
WHEREAS, the use of Hach Instrumentation System components is clearly and
legitimately limited to a single source of supply, as detailed in the Sole Source Worksheet, to
support current operation standards, this purchase becomes subject to waiving competitive
bidding requirements per RCW 35.23.352(9) competitive bidding requirements and RCW
39.04.280(1)(a) sole source and RCW 39.04.280 (1)(b) special market conditions; and
WHEREAS, RCW 39.04.280(2)(a) requires that prior to utilizing the sole source
exemption the City Council must first adopt a resolution reciting the factual basis supporting the
exemption; and
WHEREAS, the City Council pursuant to 39.04.280(2)(a) finds that such factual basis as
described herein and detailed in the Sole Source Worksheet does support application of the sole
source exemption as pertaining to the purchase of hatch instrumentation System components
(probes, sensors and controllers) for the WWTP.
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Resolution Waiving Competitive Bidding Requirements/
Approving Purchase of Instrumentation System Components from Hach - 2
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF PASCO, WASHINGTON:
Section 1. The City Council of Pasco hereby find the above-described circumstance is
justification for the waiver of bidding requirements under the authority of RCW 35.23.352(9)
and pursuant to sole source provider (RCW 39.04.280(1)(a)) and special facilities or market
conditions (RCW 39.04.280(1)(b)) and, therefore, the bidding requirement is hereby waived for
the purchase of hatch Instrumentation for the WWTP, as detailed in the Sole Source Worksheet,
a copy of which is attached hereto and incorporated herein by reference as Exhibit A.
Section 2. That the City of Pasco Public Works Department purchase of one (1) Package
of multiple different components for an amount not to exceed the sum of $300,000.
Be It Further Resolved, that this Resolution shall take effect immediately.
PASSED by the City Council of the City of Pasco this ____ day of November 2020.
_____________________________
Saul Martinez
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ __________________________
Debra Barham, CMC Kerr Ferguson Law, PLLC
City Clerk City Attorney
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Resolution Waiving Competitive Bidding Requirements/
Approving Purchase of Turbo Blowers from Sulzer - 1
RESOLUTION NO. _______
A RESOLUTION OF THE CITY OF PASCO, WASHINGTON,
WAIVING THE COMPETITIVE BIDDING REQUIREMENTS AND
APPROVING THE PURCHASE OF SINGLE-STAGE CENTRIFUGAL
TURBO BLOWERS FROM SULZER FOR THE MUNICIPAL WASTEWATER
TREATMEMT PLANT.
WHEREAS, it is critical for the City of Pasco to have proper equipment to provide air to
the Wastewater Treatment Plant (WWTP) aeration basins for bacterial metabolism and treatment
of the wastewater; and
WHEREAS, the City has need to purchase two single-stage centrifugal turbo blowers
and appurtenances as part of the Wastewater Treatment Plant (WWTP) improvements project;
and
WHEREAS, the City currently uses Sulzer Blowers as a part of its standardized system
at the Municipal WWTP; and
WHEREAS, the City has supporting infrastructure and equipment existing and proposed
that is directly affected by the efficiency of the selected blowers; and
WHEREAS, the Council of the City of Pasco hereby determines that the paramount
considerations in the acquisition of Sulzer blowers is compatibility with existing equipment,
inventory and integration systems; and
WHEREAS, the design consultant for the project has identified the proposed
improvements at the Municipal WWTP requires the purchase of two additional blowers; and
WHEREAS, the design consultant for the project has recommended the installation of
two Sulzer HST-30 single-stage centrifugal turbo blowers; and
WHEREAS, the use of Sulzer HST-30 Blowers is clearly and legitimately limited to a
single source of supply, as detailed in the Sole Source Worksheet, to support current operation
standards, this purchase becomes subject to waiving competitive bidding requirements per RCW
35.23.352(9) competitive bidding requirements and RCW 39.04.280(1)(a) sole source and RCW
39.04.280 (1)(b) special market conditions; and
WHEREAS, RCW 39.04.280(2)(a) requires that prior to utilizing the sole source
exemption the City Council must first adopt a resolution reciting the factual basis supporting the
exemption; and
WHEREAS, the City Council pursuant to 39.04.280(2)(a) finds that such factual basis as
described herein and detailed in the Sole Source Worksheet does support application of the sole
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Resolution Waiving Competitive Bidding Requirements/
Approving Purchase of Turbo Blowers from Sulzer - 2
source exemption as pertaining to the purchase of two Sulzer HST-30 single-stage centrifugal
turbo blowers for the WWTP.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF PASCO, WASHINGTON:
Section 1. The City Council of Pasco hereby find the above-described circumstance is
justification for the waiver of bidding requirements under the authority of RCW 35.23.352(9)
and pursuant to sole source provider (RCW 39.04.280(1)(a)) and special facilities or market
conditions (RCW 39.04.280(1)(b)) and, therefore, the bidding requirement is hereby waived for
the purchase of Sulzer blowers for the WWTP, as detailed in the Sole Source Worksheet, a copy
of which is attached hereto and incorporated herein by reference as Exhibit A.
Section 2. That the City of Pasco Public Works Department purchase of two Sulzer
Blowers for an amount not to exceed the sum of $500,000.
Be It Further Resolved, that this Resolution shall take effect immediately.
PASSED by the City Council of the City of Pasco this ____ day of November 2020.
_____________________________
Saul Martinez
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ __________________________
Debra Barham, CMC Kerr Ferguson Law, PLLC
City Clerk City Attorney
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AGENDA REPORT
FOR: City Council October 28, 2020
TO: Dave Zabell, City Manager
Remote Regular Meeting:
11/2/20
FROM: Rick White, Director
Community & Economic Development
SUBJECT: Ordinance - Continued Public Hearing for Vacating a Portion of E Pueblo
Street (MF# VAC2019-006)
I. REFERENCE(S):
Proposed Ordinance
Overview Maps
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
CONDUCT CONTINUED PUBLIC HEARING
MOTION: I move to adopt Ordinance No. _______, vacating a portion of East Pueblo
Street; and further authorize publication by summary only.
III. FISCAL IMPACT:
None.
IV. HISTORY AND FACTS BRIEF:
The owner of CO-Energy (a Connell Oil company), initially submitted a petition to
vacate a portion of the E. Pueblo Street right-of-way that extends from N. California
Avenue to the centerline of the vacated Montana Street. In the Agenda Report for the
May 18, 2020 Council meeting, staff recommended denial of the requested vacation by
the City Council for the following reasons:
1. Approval of the vacation would result in the creation of a cul -de-sac at the
terminus of the remaining right-of-way exceeding the maximum allowable
length of 600 feet;
2. Approval of the vacation may negatively impact the properties abutting the un-
vacated portion as additional right-of-way would be required to be dedicated for
an adequate IFC-approved turn-around;
3. Proportional public benefit is not foreseen as a result of approval, as a vacation
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of the limited extent of right-of-way may burden surrounding properties with
the requirement to dedicate additional right-of-way for an IFC-approved turn-
around.
Council decided to continue the hearing to August 3, 2020, and again to September 8,
2020, in order to provide the applicant and staff time to discuss the proposal further
with the remaining property owners whose properties also abut E. Pueblo Street.
During the ensuing weeks, the applicant had been working with two of the nearby
property owners to file tax parcel consolidations that would prevent any parcels from
becoming landlocked in the event of a vacation. The applicant and staff were seeking
to effect the vacation of the entire extent of E. Pueblo Street from N. California Avenue
to N. Utah Avenue. However, one property owner (Parcel #113 -502-031) has
expressed opposition and does not intend to file a tax parcel consolidation. A reason
had not been provided.
At the September Council Meeting - the proposed vacation and public hearing were
continued until November 2.
V. DISCUSSION:
Staff has reached out to the property owner of Parcel #113-502-031 but has not been
successful in receiving a response or explanation as to why the property owner is
opposed to a tax parcel consolidation.
As mentioned above - the entirety of the Pueblo Street right-of-way cannot be vacated,
but Staff has requested information from the applicant as to the use and design of the
expected business expansion of this site. That - and ongoing discussions with City
Departments have resulted in the conclusion that a vacation of the westerly 660 feet of
unimproved Pueblo Street can occur with no adverse impacts on emergency response
or circulation. Appropriate measures for fire protection will be administered through
the project review process for the expected expansion.
Per PMC 12.40 the Council may require compensation for vacated right-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 No. 3981;
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 public right-of-way which has a value as a right-of-way
at least equal to that right-of-way to be vacated; and
5. The resulting benefit to the community of the project requiring the vacation
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outweighs the appraised value of the right-of-way to be vacated.
Pueblo Street has been determined in the Oregon Avenue Circulation Plan, previously
adopted by the City Council, to be unnecessary. The Circulation Plan identifies streets
that must be retained for proper circulation and streets that may be vacated. Becaus e it
has been previously determined that E. Pueblo Street may be vacated, no compensation
is recommended.
Staff recommends Council's favorable consideration for this street vacation request.
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Ordinance – VAC2019-006 - 1
WHEN RECORDED PLEASE RETURN TO:
City of Pasco
Attn: Planning Director
525 North 3rd Ave
Pasco, WA 99301
______________________________________________________________________________
ORDINANCE NO. __________
AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON,
VACATING A PORTION OF EAST PUEBLO STREET
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 rights-of-way; and
WHEREAS, a petition for the vacation of East Pueblo Street has been submitted to the
City; and
WHEREAS, pursuant to PMC 12.40.050, appropriate notice was given of the City’s intent
to vacate the public right-of-way; and
WHEREAS, the City Council finds that the vacation of the right-of-way will not adversely
affect traffic accessibility and circulation or within the City as a whole; is not contemplated or
needed for future use; no abutting property will become landlocked or have access substantially
impaired; and the public needs shall not be adversely affected and the vacation will provide a
public benefit or serve a public purpose; and
WHEREAS, the vacation process provided in PMC 12.40.030(c) and (e) require a title
report and an appraisal of value and compensation unless waived by the City Council under PMC
12.40.120(2); and
WHEREAS, pursuant to PMC 12.40.120(2)(c), the City Council may waive the
requirement for a title report, an appraisal of value and compensation if the Council has previously
determined that the right-of-way is not essential to public traffic circulation and is available for
vacation; and
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Ordinance – VAC2019-006 - 2
WHEREAS, the City Council has previously determined by adoption of Ordinance 3255
establishing the Oregon Avenue Corridor Circulation Plan that the right-of-way is not essential to
public traffic circulation and is available for vacation; and, the City previously waived the
requirement for a title report, appraisal, and compensation by Resolution No. 3956; and
WHEREAS, all steps and procedures required by law to vacate said right-of-way have
been duly taken and performed.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. That a portion of right-of-way, as depicted in Exhibit A, be and the same is
hereby vacated:
EAST PUEBLO STREET FROM THE FROM THE EAST RIGHT-OF-WAY LINE OF NORTH
CALIFORNIA AVENUE AND HEADING EAST-NORTHEAST 700 FEET TO THE
CENTERLINE OF VACATED COLORADO STREET (ORDINANCE 4205).
Section 2. That a certified copy of this Ordinance be recorded by the City Clerk of the City
of Pasco in and with the office of the Auditor of Franklin County, Washington.
Section 3. This Ordinance shall take full force and effect five (5) days after approval,
passage and publication as required by law.
PASSED by the City Council of the City of Pasco, Washington, this 2nd day of November,
2020.
_____________________________
Saul Martinez
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ _____________________________
Debra Barham, CMC Kerr Ferguson Law, PLLC
City Clerk City Attorney
Published: _____________________
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Item:Vacs"ExhibitA"Applicant:File#:VAttionofaPortionofEastPuebl:CO-EnergyC2019-006Page 48 of 67
Item:VacApplicantFile#2‘VicinitytionofaPortionofEastPuebCO-EnergyC2019-O060StreetPage 49 of 67
AGENDA REPORT
FOR: City Council October 28, 2020
TO: Dave Zabell, City Manager Remote Regular Meeting:
11/2/20
FROM: Dave Zabell, City Manager
Executive
SUBJECT: Resolution - 2021 Legislative Priorities
I. REFERENCE(S):
Resolution - 2021 Legislative Priorities
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to approve Resolution No. ____, declaring the City's legislative
priorities for the 2021 session of the Washington State Legislature.
III. FISCAL IMPACT:
N/A
IV. HISTORY AND FACTS BRIEF:
Gordon Thomas Honeywell Governmental Affairs (GTHGA) has been contracted to
assist in promoting the Council's legislative priorities to the legislature. In doing so
GTHGA assists in the development a comprehensive legislative agenda and in
furthering that agenda in Olympia by providing on-the-ground (or virtual) presence in
Olympia during session, monitoring the legislature throughout the year, and advancing
the City's legislative agenda.
The City has benefited by maintaining a proactive posture with the legislature
regarding the interests of Pasco. One means by which Council has made its concerns
and interests known to the legislature, and specifically its legislative delegation, is
through the adoption of its City Legislative Priorities Statement.
At the October 26 Council Workshop, Briahna Murray, Vice President, and Holly
Cocci, Assistant Government Affairs Consultant, of GTHGA presented an overview of
the upcoming Washington State Legislative session, which convenes on Monday,
January 11. The 2021 session is the first year of the two-year legislative biennium,
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commonly referred to as the "long" session. The long session focuses on the adoption
of the biennial operating, capital, and transportation budgets. Additionally, this session
will focus on responding to the economic implications of the COVID-19 pandemic
and, racial and criminal justice reforms arising from recent national dialogue.
V. DISCUSSION:
The proposed resolution includes the 2021 Legislative Priorities list and reflects
recommended modifications by Council, staff and the legislative consultants.
Staff requests Council approval of the resolution or further direction for adoption at a
later date.
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Resolution – 2021 Legislative Priorities - 1
RESOLUTION NO. _________
A RESOLUTION OF THE CITY OF PASCO, WASHINGTON,
DECLARING THE CITY’S LEGISLATIVE PRIORITIES FOR THE 2021
SESSION OF THE WASHINGTON STATE LEGISLATURE.
WHEREAS, the 2021 Legislative Session of the Washington State Legislature
commences on January 11, 2021; and
WHEREAS, the City of Pasco, as a municipal corporation and subdivision of the State of
Washington can be substantially affected by the actions of the Washington State Legislature; and
WHEREAS, the City Council has evaluated conditions impacting the City and
opportunities to improve the services the City provides to its citizenry; and
WHEREAS, the City Council desires to identify its legislative priorities for the 2021
Legislative Session so they can be provided to state legislators prior to commencement of the next
legislative session.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PASCO, WASHINGTON:
Section 1. That the legislative objectives stated herein constitute the priorities of the City
of Pasco for the 2021 Legislative Session.
MARTIN LUTHER KING JR COMMUNITY CENTER: Pasco requests $4 million to
renovate MLK Community Center located in East Pasco. Built in 1976, this former school
district facility was repurposed as a community center in 1990. The facility lacks ADA
accessibility and functionality (physical and technological) as a community center and no
longer meets the needs of a diverse and underserved communit y. Proposed improvements
include renovation of the gymnasium, demolition of the classrooms and replacement with
a new Center building integrated with the gymnasium.
PROCESS WATER REUSE FACILITY: The City is in the process of identifying
improvements to the Pasco Process Water Reuse Facility that supports a growing
agriculture processing cluster, regional farmers, and approximately 2,000 industry jobs.
The City requests $200,000 to conduct and complete value planning with local food
processors and other stakeholders to identify innovative, cost-effective and sustainable
solutions for improvements that maximize value.
PORT OF PASCO REIMANN INDUSTRIAL CENTER: The Port of Pasco has
acquired a 300-acre parcel located between Highway 395 and Railroad Avenue one mile
north of Pasco for development as a new industrial center to accommodate current and
future demand. The City supports the Port of Pasco’s request for $3.5 million to fund the
extension of utilities, roads, and other key infrastructure needed to develop the area.
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Resolution – 2021 Legislative Priorities - 2
SR 395/OREGON AVENUE OVERLAY: The City requests $3 million to overlay SR
395/Oregon Avenue. WSDOT initially delayed this preservation project until other City
improvements to the street were completed. Now that the City improvements are done,
WSDOT has delayed their work indefinitely as part of a new department policy to no longer
perform maintenance on state highways with a speed limit less than 45 mph.
SR 395/SYLVESTER BIKE/PEDESTRIAN CROSSING: The City requests $4 million
for a multimodal crossing over SR 395 at Sylvester Street. No bicycle/pedestrian crossing
exists at this location to connect the low-income neighborhoods on the west side of SR 395
to commercial businesses and essential services to the east.
SR 12 SAFETY IMPROVEMENTS: The two at-grade crossings at SR 12 (A Street and
Tank Farm Rd.) present immediate access safety concerns for residents and businesses.
The City requests funding to identify solutions to address these safety concerns.
MENTAL HEALTH FUNDING: The Pasco community is experiencing increased
homelessness, rising crime rates, and other public safety and health concerns. As such, the
City requests increased funding for mental health services, including, but not limited to,
additional local option tools to best meet the community’s needs.
Section 2. The City Manager is hereby directed to inform state legislators and other
appropriate parties of the City’s 2021 Legislative Priorities.
PASSED by the City Council of the City of Pasco, Washington this 2nd day of November,
2020.
Saul Martinez
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ___________________________
Debra Barham, CMC Kerr Ferguson Law, PLLC
City Clerk City Attorney
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AGENDA REPORT
FOR: City Council October 26, 2020
TO: Dave Zabell, City Manager Remote Regular Meeting:
11/2/20
FROM: Steve Worley, Director
Public Works
SUBJECT: Resolution - Granting Limited Authority to City Manager for Land / Easement /
Right-of-Way Acquisitions
I. REFERENCE(S):
Resolution
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to approve Resolution No.______ granting limited authority to the
City Manager regarding acquisition of real property and easements, granting of
easements over right-of-way relating to private or public development projects, and
other matters relating thereto.
III. FISCAL IMPACT:
None
IV. HISTORY AND FACTS BRIEF:
In the development of public improvements such as: parks and park improvements,
roadways, street widening, right-of-way improvements, extensions and expansions of
city-owned utilities, or other infrastructure improvements undertaken by the City, the
acquisition of land, right-of-way, or easements is often necessary.
The acquisition of land by local governments is regulated in numerous ways—U.S. and
state constitutions and case law, various federal, state and local regulations, as well as
in the conditioning of certain grants or loans. The specificity of the regulations
associated with these laws and regulations is beyond the scope of this topic, except to
say that there are many requirements and protections to the landowner to be mindful of
when the government acquires property on behalf of the public.
Typical acquisitions required of capital projects may include any or all of the
following, depending on the project:
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Partial taking: Private property purchased for the purpose of publicly owned right-of-
way in the form of:
Strip of land: often seen in roadway projects for the construction of a new roadway
connection, roadway widening projects or construction of pedestrian facilities along
existing roadways, usually located adjacent to existing publicly owned right-of-way.
• Corners improvements, ADA accommodate to retrofit Often : needed
roundabouts, larger turn radius as well as traffic signal equipment and signage
upgrades.
Full parcel acquisition: Often used for the construction of lift stations, pump stations,
buildings, parks, or park expansions, pollution control facilities, etc.
Easements: Through this acquisition, the public agency gains rights to the land, but the
property ownership remains private and the owner retains use of it, sometimes limited
or conditioned use. Two types of easements typically used in Capital Projects are:
• Permanent Easements: typical for the installation, maintenance and operation
of underground utilities or other improvements. These are usually located along
property lines or across properties.
• Temporary easements: allow for construction activity on or across private
land, typically located adjacent to proposed public right-of-way or proposed
permanent easements. These typically have expiration dates established for the
duration of the project.
Larger, less common, projects require more involved acquisitions, such as full parcel
acquisition and relocation of owners or tenants. This type of acquisition is not covered
by the resolution being proposed tonight.
V. DISCUSSION:
The proposed resolution will grant limited authority to the City Manager to perform
typical acquisitions, under a Council-approved capital project, as part of the adopted
CIP/approved budget or other budgeted project.
The intent of the resolution is to move the projects along more efficiently, better utilize
Council and staff time, and formalize what has been a practice for a very long time.
Given the high frequency in which small acquisitions are necessary for the construction
of capital projects, and the time sensitiveness of these acquisitions in the overall
development of the projects, staff is recommending that the City Council adopt the
proposed resolution. This item was discussed at Council’s 10/5/2020 Regular Meeting.
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Based on Council comments, staff reviewed the historical property and easement
acquisition costs related to council-approved capital projects. It was determined that
90% of the needed acquisitions cost $150,000 or less. Therefore, the following changes
were made to the proposed Resolution:
1. Resolution Title - the words “AND EASEMENTS” were added to reflect the
full scope of authority being sought;
2. Section 1 – the authority to acquire real property has been reduced from
$300,000 to $150,000;
3. Section 1 – the word “included” was replaced, as related to the adopted Capital
Improvement Program, with the word “specified”;
4. Section 3 – the authority to acquire easements was reduced from $300,000 to
$150,000; and
5. Section 4 – the words “(excluding access easements per PMC 12.40.010)” were
added.
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Resolution – Delegation of Authority - 1
RESOLUTION NO. _______
A RESOLUTION OF THE CITY OF PASCO, WASHINGTON,
GRANTING LIMITED AUTHORITY TO THE CITY MANAGER
REGARDING ACQUISITION OF REAL PROPERTY AND EASEMENTS,
GRANTING OF EASEMENTS OVER RIGHT-OF-WAY RELATING TO
PRIVATE OR PUBLIC DEVELOPMENT PROJECTS, AND OTHER
MATTERS RELATING THERETO.
WHEREAS, pursuant to RCW 35A.11.020, “The legislative body of each code city shall
have all powers for a city or town to have under the Constitution of this state, and not specifically
denied to code cities by law. By way of illustration and not in limitation, such powers may be
exercised in regard to the acquisition, sale, ownership, improvement, maintenance, protection,
restoration, regulation, use, leasing, disposition, vacation, abandonment or beautification of public
ways, real property of all kinds, . . .”; and
WHEREAS, it is necessary in the routine operation of the City to acquire real property
and real property rights for capital project purposes, and that are related to the approval of
development projects, most of which are small in size; and
WHEREAS, it is necessary in the routine operation of the City to grant, extinguish, accept,
or acquire temporary or permanent easements of various types across public and private properties,
including but not limited to construction easements, access easements, stormwater easements,
sidewalk easements, and utility easements; and
WHEREAS, delegation of limited authority to the City Manager for such minor tasks will
result in a more efficient use of Council time, as well as City staff time; and
WHEREAS, circumstances exist where, due to Federal law relating to federally-funded
capital projects, the Public Works Director is required to execute applicable documents to
accomplish the transfer of property rights; and
WHEREAS, the City Council wishes to affirm and ratify past actions taken by the City
Manager and/or staff related to the acquisition of right-of-way or in granting easements in
conjunction with capital and other development projects as set forth below.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PASCO, WASHINGTON:
Section 1. Pursuant to RCW 35A.11.020, the City Council hereby grants to the City
Manager, or his/her designee, the authority to acquire real property on behalf of the City up to an
amount of $150,000 for Council-approved capital projects that are specified in the adopted Capital
Improvement Program (CIP) or approved budget.
Page 57 of 67
Resolution – Delegation of Authority - 2
Section 2. The City Council hereby grants to the City Manager, or his/her designee,
the authority to conduct transactions to acquire and dispose of rights-of-way pursuant to the
Washington State Department of Transportation (WSDOT) approved City of Pasco Right-of-Way
Procedures, except those acquisitions which require owner relocation or use of City’s
condemnation authority pursuant to Chapter 8.12 RCW.
Section 3. Pursuant to RCW 35A.11.020, the City Council hereby grants to the City
Manager, or his/her designee, the authority to grant, accept or acquire up to an amount of $150,000
easements of all types that are in the best interest of the City and appropriate in the management
of the various rights-of-way and City properties. At the City Manager’s discretion, Council may
be consulted or requested to decide whether to grant or accept a specific easement or easements.
Section 4. Pursuant to RCW 35A.11.020, the City Council hereby grants to the City
Manager, or his/her designee, the authority to relinquish easements of all types (excluding access
easements per PMC 12.40.010) that the City Manager determines to be in the best interest of the
City and appropriate in the management of the various rights-of-way and City properties. At the
City Manager’s discretion, Council may be consulted or requested to decide whether to relinquish
a specific easement or easements.
Section 5. The City Council affirms and ratifies all past actions taken by the City
Manager and/or City staff related to the acquisition of rights-of-way or in granting or relinquishing
easements in conjunction with capital and other development projects.
Section 6. Repeal of prior similar actions. This Resolution is intended to repeal and
replace any prior grant or authority, whether done by motion or resolution.
Section 7. Effective Date. This Resolution shall be in full force and effect upon
adoption.
PASSED BY the City Council of the City of Pasco, Washington this ____ day of
November, 2020.
________________________________
Saul Martinez
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ___________________________
Debra Barham, CMC Kerr Ferguson Law, PLLC
City Clerk City Attorney
Page 58 of 67
AGENDA REPORT
FOR: City Council October 28, 2020
TO: Dave Zabell, City Manager Remote Regular Meeting:
11/2/20
FROM: Angela Pashon, Senior Management Analyst
Executive
SUBJECT: *Extension of the appointment of Six (6) Inclusion, Diversity and Equity
Commissioners
I. REFERENCE(S):
Resolution No. 3388 - Process for Boards and Commissions
Resolution No. 3992 - IDEC Extension
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to extend the appointments of Elousie Sparks, Jeffrey Robinson,
Joel Nunn-Sparks, Kyle Saltz, Maria Torres Mendoza, and Naima Chambers Smith to
the Inclusion, Diversity, and Equity Commission through December 31, 2021.
III. FISCAL IMPACT:
N/A
IV. HISTORY AND FACTS BRIEF:
The Inclusion, Diversity and Equity Commission (IDEC) is a seven person ad hoc
commission. City Council approved Resolution No. 3992 to extend the IDEC through
December 31, 2021 at the September 21, 2020 regular meeting. There exists one
vacancy on the Commission.
The terms of the three original commissioners and three commissioners appointed on
July 20, 2020 correlate to the original term of the Commission. With the Commission
now extended through 2021, the terms of the commissioners either require extension to
December 31, 2021, or the appointment of new commissioners.
V. DISCUSSION:
Staff recommends that Council extend the appointments of the six commissioners to
December 31, 2021.
Page 59 of 67
Page 60 of 67
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 61 of 67
RESOLUTION NO. 3992
A RESOLUTION OF THE CITY OF PASCO, WASHINGTON,
EXTENDING THE TERM OF THE PASCO INCLUSION, DIVERSITY, AND
EQUITY COMMISSION, A CITIZEN AD HOC COMMISSION, THROUGH
DECEMBER 31, 2021.
WHEREAS, the City of Pasco has historically been the home for diverse cultures within
our region creating its unique character and opportunities, as well as a source of pride for all who
live here; and
WHEREAS, the City Council of the City of Pasco desires to protect and encourage our
diverse culture, as well as to protect the constitutional rights of its citizens, including the right to be
free of discriminatory practices and the fair application of law and to demonstrate that Pasco is a
welcoming and inclusive City, where laws apply equally to all who live here, and where
individuals, families, and businesses are welcome; and
WHEREAS, the City Council of the City of Pasco is honored to serve the entire
community and seeks to provide equal protection to our residents and access to all of the City's
services to those that live here; and
WHEREAS, Article L Section I of the Washington Constitution declares that
governments derive their just powers from the consent of the governed, and are established to
protect and maintain individual rights"; and
WHEREAS, the Washington State Legislature has established the "Washington Law
Against Discrimination RCW 49.60 which declares the "right to be free from discrimination
because ofrace, creed, color, national origin, sex, honorably discharged veteran or military status,
sexual orientation, or the presence of any sensory, mental, or physical disability or the use of a
trained dog guide or service animal by a person with a disability is recognized as and declared to be a
civil right"; and
WHEREAS, the Pasco City Council, by oath, declares to uphold and support the
Constitution and laws of the State of Washington, and hereby reaffirms its support to do so for
equal benefit of all those who live here; and
WHEREAS, the Pasco City Council, to advise it in meeting these goals and
responsibilities, established and created a charter foran adhoc commission inMayof 2018, known
as the Inclusion, Diversity, and Equity Commission.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, DOES
RESOLVE AS FOLLOWS:
Resolution — Extending IDEC - 1
Page 62 of 67
Section 1. Extension of Pasco Inclusion. Diversity. and Equity Commission. The City
Council hereby extends the term of the citizen ad hoc commission, through December 31, 2021.
Section 2. Terms and Conditions for Inclusion. Diversity. and Inclusion Commission. All
other terms and conditions provided in the Charter of the Commission through Resolution No.
3828 and amended in Resolution No. 3906 will remain the same.
Section 3. Goals of Inclusion. Diversity. and Equity Commission. The goals of the Pasco
Inclusivity Commission are as follows:
Examine the practices and procedures of the City of Pasco to identify strategies to
create a greater feeling of inclusion and welcoming for all who live and work in Pasco.
2. Engage with Pasco residents, interest groups, and businesses, seeking feedback on their
experiences that can improve life in our community.
3. Identify strategies that help the City to be more inclusive in engaging our residents and
businesses that will better promote unity, equality, and understanding in Pasco.
4. Identify funding strategies to implement these goals.
5. Present recommendations to the Pasco City Council on how to achieve the goals above.
Section 4. Celebration of Diversity. The Commission shall provide the City Council with
a report on opportunities to recognize and celebrate Pasco's diverse culture.
Section 5. This Commission shall expire on December 31, 2021 unless extended by a
majority vote of the Pasco City Council no less than ninety (90) days prior to the date of expiration.
If so extended, the term shall be extended by such period as determined by the City Council.
Section 6. Effective Date. This Resolution shall be effective upon adoption.
PASSED by the City Council of the City of Pasco, Washington this 21 s'day of September,
2020.
Saul Martinez
Mayor
ATTEST:
Debra Barham, CMC
City Clerk
Resolution — Extending IDEC - 2
APPROVED AS TO FORM:
Kerr son Law, PLLC
y Attorney
Page 63 of 67
AGENDA REPORT
FOR: City Council October 26, 2020
TO: Dave Zabell, City Manager Remote Regular Meeting:
11/2/20
FROM: Steve Worley, Director
Public Works
SUBJECT: *Bid Award for Court Street Overlay
I. REFERENCE(S):
Vicinity Map
Bid Tabulation
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to award the Court Street Overlay project to Central Washington
Asphalt, Inc. of Moses Lake, Washington in the amount of $390,111.00 and, further,
authorize the City Manager to execute the contract documents.
III. FISCAL IMPACT:
Project Budget
Fund 130 - Street Overlay $550,000.00
Contract
Fund 130 - Street Overlay $390,111.00
IV. HISTORY AND FACTS BRIEF:
City staff prepared plans and specifications for an overlay project on W. Court Street
from Road 40 to West of U.S. Route 395. The project includes planing existing asphalt,
crack sealing, pavement repair, installation of hot mix asphalt overlay, and related
improvements.
W. Court Street Overlay is part of the annual City of Pasco Pavement Preservation
Program.
Page 64 of 67
V. DISCUSSION:
On October 28, 2020, the City received four (4) bids for construction of the project.
The low bid was from Central Washington Asphalt, Inc. in the amount of $390,111.00.
The Engineer's construction estimate was $484,362.50.
This project is included in the City's adopted 2019-2020 Biennial Budget. If awarded,
construction for this project is anticipated to commence and be subst antially completed
in 2020.
Staff reviewed the bid submittal and found no exceptions or irregularities and,
therefore, recommends award of the contract to Central Washington Asphalt, Inc. of
Moses Lake, Washington.
Page 65 of 67
US 395I-18
2
RD 40RD 36N RD 34RD 32N RD 38CITY OF PASCO
W COURT ST OVERLAY
WEST OF US 395 TO RD 40
PROJECT NUMBER: 20102
VICINITY MAP
NTS
W COURT ST
SITE
SITE
IN THE CITY OF PASCO, FRANKLIN COUNTY, WASHINGTON, WITHIN SECTION 23,TOWNSHIP 9 NORTH, RANGE
29 EAST AND, SECTION 24,TOWNSHIP 9 NORTH, RANGE 29 EAST AND, SECTION 25,TOWNSHIP 9 NORTH, RANGE
29 EAST AND, SECTION 26, TOWNSHIP 9 NORTH, RANGE 29 EAST WILLAMETTE MERIDIAN
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A...Ummno Page 67 of 67