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WALLA WALLA CITY COUNCIL
Regular Meeting Agenda
June 24, 2020 - 6:30 p.m.

Due to current COVID-19 restrictions, this will be a virtual meeting. Members of the public are invited to view the live video stream of the electronic meeting from the City's website at https://www.wallawallawa.gov/government/city-council, may attend by clicking here: https://us02web.zoom.us/j/81465225517 or may listen to the meeting by calling 253-215-8782 and entering meeting ID 814 6522 5517#

Mission: We provide municipal services and programs essential to a desirable community in which to live, work and play.

CALL TO ORDER

PUBLIC COMMENTS

Due to current restrictions on in-person meetings, general public comments related to City of Walla Walla business must be sent in writing to the Walla Walla City Clerk. Please email any City-related public comments to khill@wallawallawa.gov prior to 6:30 p.m. on June 24.

CONSENT AGENDA

Pgs. 4-9

Resolution 2020-63 authorizes the City Manager to enter into an Agreement with the USFS to conduct a prescribed burn on City property.

Approved

Pgs. 10-124

Ordinance 2020-18: Updates Wastewater Municipal Code Chapters 13.03 and 13.30.

Approved

Pgs. 125-135

Ordinance 2020-21: Authorizes the release of an easement at 2305 Garrison Street.

Approved

Pgs. 136-138

Resolution 2020-64: Authorizes the surplus of items no longer needed by the City.

Approved

Pgs. 139-145

Resolution 2020-65: Awards the bid for the 2019 Sidewalk Remediation Project to A Key Excavating, Inc. in the amount of $177,220.

Approved

Pgs. 146-196

Ordinance 2020-20: Second reading and adoption of franchise agreement with Verizon Wireless.

Approved

Pgs. 197-199

Resolution 2020-66: Authorizes an agreement with Walla Walla County that will allow the County to process its own permit applications and provide its own inspection services for land use activities on County owned property located in the City limits.

Approved

Pgs. 200-202

Approval of June 8, 2020 Work Session minutes.

Approved

Pgs. 203-208

Approval of minutes of the regular meeting held June 10, 2020.

Approved

ACTIVE AGENDA

Pgs. 209-219

Resolution 2020-67 Updates 2020 Lodging Tax allocations to funded agencies.

Approved

Pgs. 220-225

Resolution 2020-68: Approves the preliminary plat for the Boyer Cottage Planned Unit Development (PUD) at 1239 Boyer Avenue. File# PPL-20-0002 (QUASI-JUDICIAL - CLOSED RECORD)

Approved

Pgs. 226-230

Resolution 2020-69: Approves a shoreline substantial development permit for the construction of carports within the existing parking lots and associated site improvements/development at 135 South Wilbur Avenue. File# SHR-20-0001. (QUASI-JUDICIAL - CLOSED RECORD)

Approved

Pgs. 231-241

Resolution 2020-70: Approves the 2020 Transportation Benefit District (TBD) Annual Report & Work Plan

Approved

Pgs. 242-248

Ordinance 2020-22: Amends the City's utility discount program to change the income threshold to at or below 150% of the federal poverty guidelines.

Approved

Pg. 249

Town Hall Meeting - virtual or in-person

Approved

Pgs. 250-283

Approval of the 5/31/2020 Accounts Payable Register, covering checks #207402 through #207550 and #207552 through #207656; and #991000 through #991005, totaling $4,393,052.87.

Approved

COUNCIL MEMBER MEETING REPORTS

UNFINISHED AND NEW BUSINESS

Adopted Resolution 2020-71 requesting that face coverings be worn in indoor public settings and outdoor public locations where social distancing cannot be maintained; and

Adopted Ordinance 2020-23 requiring face coverings to be worn in City buildings.

Approved

ADJOURNMENT

ar-3843

Pgs. 4-9

City Council - Regular Meeting

Meeting Date:

06/24/2020

Item Title:

USFS Tiger Creek Prescribed Burn

Submitted For:

Ki Bealey, Public Works Department

Financial Comments:

N/A

All Contracts:
Not Applicable

Federally funded contracts only:
Not Applicable

Construction contracts only:
Not Applicable

Brief Summary of Requested Action:

Resolution authorizing the City Manager to enter into an Agreement with the USFS to conduct a prescribed burn on City property adjacent to the Mill Creek Watershed.

Information

HISTORY:

Three individuals from the USFS plan to attend the June 22, 2020 Work Session to provide information about the proposed Tiger Creek Prescribed Burn scheduled for this fall.
Aaron Gagnon, District Ranger
Mike Moore, Fire Management Officer
Joseph Sciarrino, Assistant Fire Management Officer- Fuels

BACKGROUND:
In an effort to reduce hazardous fuels in and around the Mill Creek Watershed and restore fire to the landscape, the United States Forest Service (USFS) is requesting City consent to implement the Tiger Creek Prescribed Burn (Rx Burn) this fall (2020) on 267 acres of land located adjacent to the southwest flank of the Mill Creek Watershed. This prescribed fire is one of three planned within the Tiger Creek Prescribed Fire Project which totals 556 acres. The City owns 86 of the 556 acres, so City authorization is required prior to proceeding with the Rx Burn on city property. City participation in the project will include support for communication with city residents and potentially a support engine from the Fire Department.

The Rx burn is a type of fire fuels reduction project consistent with the actions items identified in the 2017 Mill Creek and Walla Walla County Community Wildfire Protection Plan. The USFS designed the Rx Burn to serve as a model for how prescribed burns might be implemented in the future around the Mill Creek Watershed to reduce the threat of wildfire by controlling the time and intensity of the burn. The USFS expects that some smoke will travel down the Mill Creek Valley toward the City of Walla Walla, but it is not expected that any significant amount of smoke will be experienced by Walla Walla citizens. This due to the fact that the fuels being burned are predominately grasses.

Below is the USFS's estimated timeline for the project:

June 22 - Begin Fire Control Lines on USFS property
June 30 - Finalize Agreement with City
July 31 - Finalize the Fire Plan
September - Create Rx Burn Field Operations Organization, Finalize Fire Control Lines
October - Implement Project

Attached is the Mill Creek Watershed Fire History and Fire Fuels Reduction Map. The Tiger Creek Rx Burn is shown. The map demonstrates how it correlates to the overall wildfire prevention effort.

A copy of the agreement can be viewed here: https://www.dropbox.com/s/ndnh44b7xirzk8v/USFS%20Agreement.pdf?dl=0

POLICY ISSUES:

Balancing the potential impact to Walla Walla citizens from smoke associated with the proposed Tiger Creek Prescribed Burn Project and the benefit of taking action to reduce the potential of wildfire in and around the Mill Creek Watershed (the City's primary source of drinking water).

Eleven Legislative Priority resolutions* have been adopted over the past five years supporting funding for wildland fire fighting capacity, fire prevention through fuel reduction in the Walla Walla Watershed, and the inclusion of wildland fires as a natural disaster in order to qualify affected communities for Federal and State disaster relief assistance.

*2015-121, 2015-122, 2016-05, 2016-129, 2016-130, 2017-109, 2017-110, 2018-124, 2018-125, 2019-118, 2019-119

PLAN COMPLIANCE:

STRATEGIC PLAN: N/A

COMPREHENSIVE PLAN:
ENR Policy 1.8 – Protect the community from hazards, including, but not limited to, earthquakes, severe storms, wildfires and flooding.

ALTERNATIVES:

Do not enter into an Agreement with the USFS for conducting a prescribed burn on City property. The USFS would continue with the project excluding the city property.

STAFF RECOMMENDATION:

Adopt a resolution authorizing the City Manager to enter into an Agreement with the USFS to conduct a prescribed burn on City property.

CITY MANAGER COMMENTS:

Approved for City Council action.

Attachments

Res 20-63 usfs

Map

ar-3697

Pgs. 10-124

City Council - Regular Meeting

Meeting Date:

06/24/2020

Item Title:

Walla Walla Municipal Code Updates to Wastewater Chapters 13.03 and 13.30

Submitted For:

Leah Fisk, Public Works Department, Utility Engineering

Project No:
N/A

Financial Comments:

N/A

All Contracts:
Not Applicable

Federally funded contracts only:
Not Applicable

Construction contracts only:
Not Applicable

Brief Summary of Requested Action:

Updates Chapters 13.03 and 13.30 of the Walla Walla Municipal Code (WWMC). These updates incorporate new and revised regulations from the US Environmental Protection Agency (EPA), add clarifying language, improve the uniformity between the two chapters, and correct formatting and grammatical errors.

Information

HISTORY:

WHAT IS THIS?
Wastewater Municipal Code Chapters 13.03 and 13.30 are being revised to reflect new and revised wastewater regulations, add clarifying language, improve uniformity between the two chapters, and correct formatting and grammatical errors.

WHY IS IT NECESSARY?
As a requirement of having a delegated Industrial Pretreatment Program, the City must implement and enforce wastewater discharge regulations published by the USEPA and the Washington State Department of Ecology (Ecology). EPA revised 40 CFR 403 and 40 CFR 266, and created 40 CFR 441; all of which require revisions to Municipal Code to reflect these actions.

BACKGROUND/HISTORY:
On October 14, 2005, EPA published the final rule modifying the Industrial Pretreatment Program regulations, titled "Streamlining the General Pretreatment Regulations for Existing and New Sources of Pollution." This rule revised the General Pretreatment Regulations (40 CFR 403). The Streamlining Rule was designed to reduce the overall regulatory burden on Industrial Users and cities implementing pretreatment programs without adversely affecting environmental protection. An audit of the City's Municipal Code Chapter 13.30 found that not all revisions of this final rule were included in Code. This action will address those gaps.

On June 14, 2017, EPA published the final rule for regulating wastewater discharges from dental facilities titled, "Effluent Limitations Guidelines and Standards for the Dental Category," codified as 40 CFR 441. This rule requires certain dental facilities to capture dental amalgam (which contains mercury) by installing amalgam separators, implementation of best management practices to keep mercury out of the waste stream and requires submittal of compliance reports. These new requirements must be incorporated into Municipal Code Chapter 13.30.

The City hosted two open houses for the Walla Walla dental community on May 21 and 29, 2018 to review the new requirements. The overall feedback from the dental community was that these are practices that they were already implementing and, as a result, should have minimal impact on them.

A final rule banning the sewering of hazardous waste pharmaceuticals, titled "Management Standards for Hazardous Waste Pharmaceuticals and Amendment to P075 Listing for Nicotine" was published on February 22, 2019, and codified as 40 CFR 266, subpart P. This rule lists hazardous waste pharmaceuticals as being prohibited from being introduced into the sewer system by flushing or pouring down the drain. This language is being added into Municipal Code Chapter 13.30.

Municipal Code Chapter 13.03 was revised to eliminate information that conflicted with Chapter 13.30, correct references to the Uniform Plumbing Code, updated the hours that the wastewater treatment plant will accept septic haulers, added clarifying language, and corrected formatting and grammatical errors.

The proposed changes to Chapters 13.03 and 13.30 were provided to the water/wastewater committee for review and comment. Staff attempted to present the revisions at the September 2019 committee meeting but, due to a lack of a quorum, the meeting was canceled. Staff then presented at the October 2019 meeting but only two members were in attendance and thus, a quorum was not present to approve the revisions. Those members that did attend the meeting approved of the revisions.

These updates to Municipal Code Chapters 13.03 and 13.30 were presented at the council work session on June 22, 2020.

POLICY ISSUES:

All changes to Municipal Code require approval by the City Council.

PLAN COMPLIANCE:

STRATEGIC PLAN:
Strategic Initiative 5: Achieve organizational and city resiliency
Objective
3. Environmental resiliency planning and preparation (Long Term)

COMPREHENSIVE PLAN:
Environment and Natural Resources Goal 1 Water, air, and soil resources in Walla Walla are protected.
Environment and Natural Resources Goal 2 Residents of Walla Walla are aware of environmental issues and strategies.
ENR Policy 2.1 Work with partners to develop public awareness and educational programs for the protection and enhancement of natural areas.

ALTERNATIVES:

Council could reject some or all of the code updates.

STAFF RECOMMENDATION:

Staff recommends Council adopt an ordinance incorporating these updates to Chapters 13.03 and 13.30 of the Walla Walla Municipal Code.

CITY MANAGER COMMENTS:

Approved for City Council consideration.

Attachments

Ord 2020-18

ar-3838

Pgs. 125-135

City Council - Regular Meeting

Meeting Date:

06/24/2020

Item Title:

Release of Easement at 2305 Garrison St

Submitted For:

Melissa Shumake, Development Services Department

Financial Comments:

N/A

All Contracts:
Not Applicable

Federally funded contracts only:
Not Applicable

Construction contracts only:
Not Applicable

Brief Summary of Requested Action:

Radu Nicoara, Owner/President of Sonoma Homes, has requested that the City clear the utility easement that was reserved on 2305 Garrison Street when that portion of Garrison Street was vacated due to a realignment in 2004.

Information

HISTORY:

The City vacated a portion of Garrison Street via Ordinance 2004-21 on September 22, 2004. The vacated portion of Garrison Street no longer served the public purpose as Garrison Street had been realigned with the development of the Yellowhawk Creek Subdivision in 1996. Utility maps and record drawings show that the water main and sewer main constructed to serve the Yellowhawk Creek Subdivision were in the realigned portion of Garrison Street. When the vacation request was received in 2004 and distributed to utility contacts, only the City Water Department and Pacific Power requested that the easement be retained.

The current location of the Pacific Power easement on the subject property is separate from the easement that remains from the vacated right of way, and the owner of the property is working with Pacific Power to relocate the utility pole on the site and reduce the easement size. City Engineering staff, in their review of the Sonoma Place Short Plat on the subject property, have determined that there is no longer any need to retain the utility easement, and recommend that it be extinguished prior to final recording of the short plat document.

POLICY ISSUES:

None.

PLAN COMPLIANCE:

STRATEGIC PLAN: Strategic Initiative 4, Objective 3: Encourage affordable housing and reduce homelessness

COMPREHENSIVE PLAN: Capital Facilities and Utllities Policy 1.5: Close public facilities, such as landfills, that are no longer needed in the community, and rehabilitate the land for reuse.

ALTERNATIVES:

Release the easement, or retain it.

STAFF RECOMMENDATION:

Release the easement. The easement otherwise interferes with desired placement of new homes on the planned lots in the Sonoma Place Short Plat.

CITY MANAGER COMMENTS:

Approved for City Council consideration.

Attachments

Ordinance 2020-21

Ord. 2004-21

Owner's request to release

Engineering recommendation

Map of Easement Area

ar-3833

Pgs. 136-138

City Council - Regular Meeting

Meeting Date:

06/24/2020

Item Title:

June 2020 Surplus

Submitted For:

Tim Donaldson, City Attorney

Financial Comments:

City of Walla Walla - Surplus June 2020. Occasionally the City of Walla Walla has to surplus items no longer needed by the City. Surplus items are obsolete, broken, retired or no longer in use by the City of Walla Walla.

All Contracts:
Not Applicable

Federally funded contracts only:
Not Applicable

Construction contracts only:
Not Applicable

Brief Summary of Requested Action:

Information

HISTORY:

Occasionally the City of Walla Walla has to surplus items no longer needed by the City. Surplus items are obsolete, broken, retired or no longer in use by the City of Walla Walla.

ALTERNATIVES:

Council could opt to reject surplus.

STAFF RECOMMENDATION:

City staff recommends approval to surplus items by passage of the resolution.

CITY MANAGER COMMENTS:

Approved for City Council consideration.

Attachments

Res 20-64

ar-3828

Pgs. 139-145

City Council - Regular Meeting

Meeting Date:

06/24/2020

Item Title:

Construction Contract Award to A Key Excavating for the 2019 Sidewalk Remediation Project

Submitted For:

Doug Eaton, Public Works Department, Engineer Transportation

Project No:
ST19004

Financial Comments:

Construction contract in the amount of $177,220.00. The project is funded primarily through a federal grant ($136,000) with the balance of funding coming from the Street Fund.

All Contracts:
Yes

Federally funded contracts only:
Yes

Construction contracts only:
Yes

Brief Summary of Requested Action:

Bid award for the 2019 Sidewalk Remediation project to A Key Excavating, Inc., in the amount of $177,220.00.

Information

HISTORY:

WHAT IS THIS CONTRACT FOR?
This a construction contract to remove and replace sections of failed sidewalk, install ADA ramps at specific locations, and grind vertical defects where appropriate/needed.

WHY IS IT NEEDED?
This project will address sidewalk trip hazards (defects) and improve accessibility.

IS THE COST REASONABLE?
The costs provided by the perspective contractor are reasonable and are within the ranges typically seen on similar projects.

HISTORY:
From 2007-2017 there have been 12 trip and fall claims filed against the City, which constitutes the City's highest realized liability impacts. In 2016, the City's insurer, Washington Cities Insurance Authority established mandatory requirements that the City must establish a rating system to determine the highest priority areas for remediation. Under the cooperative oversight of GIS and Engineering, a sidewalk condition rating (SCR) was completed by summer interns in 2016 that took into account sidewalk width, tripping hazards, cross slopes, ADA accessibility and sidewalk panel deterioration.

Using that data, East Chestnut Street, Ruth Street, and Olive Street were identified as having a high quantity of tripping hazards per block. Additionally, the three locations in this project are believed to have higher pedestrian use, are close to schools, and are on or adjacent to transit routes. The City's Bicycle and Pedestrian Advisory Committee reviewed the proposed project and were in agreement with the locations.

In May 2018, Staff applied for a federal grant and received $136,000 in July 2018. On August 8, 2018, Council passed Resolution 2018-083, accepting the grant funds.

Staff began design in early 2019, but determined that the project scope had to be reduced to remain within budget. Staff requested modification to the project scope from the grant funding agency. The modified scope was approved and design was completed in March, 2020.

On April 29, 2020, a notice of call for bids was published in the Walla Walla Union Bulletin. On May 21, 2020, two bids were received with A Key Excavating, Inc., being the lowest responsive and responsible bidder with a bid in the amount of $177,220.00.

POLICY ISSUES:

Contracts greater than or equal to $20,000 require City Council authorization.

PLAN COMPLIANCE:

STRATEGIC PLAN
Initiative 2: Fix and Improve the City's Infrastructure.
Objectives:
2. Continue work on the City's Transportation Network (e.g. streets, sidewalks, bridges, etc.)

COMPREHENSIVE PLAN:
Transportation Goal 1 Promote and develop transportation systems that support and enhance the movement of people and goods to ensure a prosperous economy.
TP Policy 1.1 Improve safety for walking, biking, transit, motor vehicles, and freight at high collision locations identified through data-driven safety analysis.
TP Policy 1.2 Enhance existing and new crossings for pedestrians and bicyclists where appropriate.

Transportation Goal 3 Provide all users with complete streets that connect the City of Walla Walla's neighborhoods, parks, schools, employment centers, and retail areas.
TP Policy 3.1 Implement complete street projects where feasible to improve the transportation experience for all modes of transportation.
TP Policy 3.5 Improve multimodal connections to community facilities and amenities (e.g., neighborhoods, parks, schools).

ALTERNATIVES:

Council may award the project, direct staff to revise and/or re-advertise the call for bids.

STAFF RECOMMENDATION:

Adopt a resolution authorizing the City Manager to enter into a construction contract with A Key Excavating, Inc., for the 2019 Sidewalk Remediation Project in the amount of $177,220.00.

CITY MANAGER COMMENTS:

Approved for City Council consideration.

Attachments

Res 20-65

Vicinity Map

Bid Abstract

ar-3765

Pgs. 146-196

City Council - Regular Meeting

Meeting Date:

06/24/2020

Item Title:

Second Reading and Adoption of Verizon Wireless Franchise Agreement

Submitted For:

Elizabeth Chamberlain, Development Services Department

Financial Comments:

N/A

All Contracts:
Not Applicable

Federally funded contracts only:
Not Applicable

Construction contracts only:
Not Applicable

Brief Summary of Requested Action:

Second reading and adoption of Verizon Wireless franchise agreement.

Information

HISTORY:

Development Services and the City Attorney's office began working on small cell facility regulations June 2016 initially through joining a consortium of Washington cities. The consortium assisted cities in learning about the new small cell technology and in discussions with the industry carriers. Model local regulations were developed to address small cells as well as to ensure compliance with FCC rulings on this issue. Verizon Wireless has been involved throughout our regulation update process providing feedback on Walla Walla's franchise regulations (Chapter 5.02, Walla Walla Municipal Code (WWMC)) and the small cell zoning regulations (Chapter 20.171 WWMC).

Verizon Wireless submitted their franchise application on June 12, 2019 and the submittal was deemed incomplete on June 24, 2019. The requested information was submitted on August 26, 2019 and work began on the draft franchise agreement.

City Council initially approved the franchise agreement on January 22, 2020 unanimously.

POLICY ISSUES:

When the franchise agreement was provided to Verizon Wireless for signature, Verizon informed the City that their legal entity name changed on January 1, 2020 and local teams notified on January 13, 2020. Verizon Wireless thought they caught all agreements in process but missed Walla Walla and did not communicate that information with city staff when the original franchise was presented to City Council on January 8, 2020. Due to the legal entity name change for Verizon Wireless, the franchise agreement does need to be reviewed and authorized again by City Council.

There are no substantive modifications to the franchise agreement except for the legal entity name change - "Verizon Wireless (VAW) LLC d/b/a Verizon Wireless" became "Cellco Partnership d/b/a Verizon Wireless."

PLAN COMPLIANCE:

STRATEGIC PLAN:
Strategy 2: Dedicate necessary resources to renew our infrastructure including Technology Infrastructure.

Through the franchise agreement, permits Verizon Wireless to deploy small cell facilities within the public right-of-way and support private sector investment in technology infrastructure.

COMPREHENSIVE PLAN:

CFU Policy 1.3: Ensure that the City's wireless communication facilities ordinance is updated to account for new technology so it remains consistent with the community's vision and needs.

CFU Policy 1.4: Ensure that telecommunications' services are provided at a level that enables residents and business to compete in the global marketplace with minimizing negative impacts on the aesthetic character of the community.

CFU Policy 2.6: Require underground installation of new utility services and, when economically feasible, encourage conversion of the existing overhead system to underground systems.

CFU Policy 2.7: Ensure that facilities and infrastructure are designed and located within consideration of their impacts on community character.

ALTERNATIVES:

Not enter into a franchise agreement with Verizon Wireless.

STAFF RECOMMENDATION:

City Council adopt Ordinance 2020-20 authorizing a franchise agreement with Verizon Wireless.

CITY MANAGER COMMENTS:

Approved for City Council action.

Attachments

Ordinance 2020-20

ar-3860

Pgs. 197-199

City Council - Regular Meeting

Meeting Date:

06/24/2020

Item Title:

Walla Walla County Building Inspection Agreement

Submitted For:

Nabiel Shawa, City Manager Office, Administration

Add'l Contributors:

Project No:

Funding/BARS No.:

Financial Comments:

The City will not receive revenue for building permits associated with WW County owned building within city limits.

Information

HISTORY:

WW County has requested that City to allow the County the authority to issue building permits through it's Department of Community Development and allow the County building official and inspectors to inspect County owned property within city limits. This request only applies to County owned buildings within the city limits of the City of WW.

POLICY ISSUES:

The request to provide this authority to County is not exceptional. For example, in Clark County the County transferred authority to allow cities to review and approve all building permits, public and private, for developments outside city limits, but within the city's assigned urban growth boundary.

ALTERNATIVES:

Do approve the request.

CITY MANAGER COMMENTS:

Approved for City Council consideration.

Attachments

Res 20-66

ar-3840

Pgs. 200-202

City Council - Regular Meeting

Meeting Date:

06/24/2020

Submitted For:

Kammy Hill, Support Services

Add'l Contributors:

Information

ITEM TITLE:

Approval of June 8, 2020 Work Session minutes.

Attachments

06-08-2020 Minutes

ar-3844

Pgs. 203-208

City Council - Regular Meeting

Meeting Date:

06/24/2020

Submitted For:

Kammy Hill, Support Services

Add'l Contributors:

Information

ITEM TITLE:

Approval of minutes of the regular meeting held June 10, 2020.

Attachments

06-10-2020 Minutes

ar-3829

Pgs. 209-219

City Council - Regular Meeting

Meeting Date:

06/24/2020

Item Title:

Adopt Updated Grant Amounts for 2020 Lodging Tax Grant Recipients

Financial Comments:

Grant reductions to Fund 126 totaling $210,539 due to reduced revenue to the Lodging Tax fund as a result of the COVID-19 pandemic. In addition to the reductions shown below for Lodging Tax, Tourism Promotion Area (TPA) fee revenue will be reduced by an estimated $161,000 – all of the TPA revenue is allocated to Visit Walla Walla resulting in a total funding reduction to Visit Walla Walla of $251,599.

All Contracts:
Not Applicable

Federally funded contracts only:
Not Applicable

Construction contracts only:
Not Applicable

Brief Summary of Requested Action:

The City of Walla Walla Lodging Tax Advisory committee recommends the City Council adopt the following financial schedule to account for reduced revenue to the lodging tax fund. This schedule currently projects a remaining shortfall of approximately $81,000 which, hopefully, will be covered by greater than anticipated Lodging Tax revenue or existing fund reserves.

Information

HISTORY:

The City of Walla Walla has Lodging Taxes in effect totaling 4% of the taxable sales price of the hotel/motel room to be used for tourism marketing; special events and festivals; operations of tourism-related facilities owned or operated by non-profit organizations; and operations and capital expenditures of tourism-related facilities owned by municipalities or public facilities districts. The taxes are collected by:
Hotels
Motels
Bed & Breakfast Houses
Resorts
Trailer Camps
Rooming Houses/Boarding Houses
Summer Camps
Recreational Vehicle (RV) Parks
Vacation Rentals by Owner (VRBO)

Res 2019-132 approved Lodging Tax grant distribution total $1,095,000. In light of reduced projected funds, the City Lodging Tax Advisory Committee (LTAC) met via conference calls in April and May to speak about grant reductions based on current financial projections. Below represents the first round of reductions which were created with input from the grant recipients.

Grantee

Initial Award Amount

1st Round Grant Reduction

Updated Award Amount

Visit Walla Walla (67.68%)*

$717,979

$89,999

$627,980

Walla Walla Valley Wine Alliance (10.10%)

$107,161

$29,094

$78,067

Downtown Walla Walla Foundation (8.59%)

$91,140

$36,200

$54,940

Borleske Stadium Association (7.58%)

$80,424

$20,000

$60,424

Fort Walla Walla Museum (4.04%)

$42,864

$10,716

$32,148

Walla Walla Valley Guitar Festival (2.02%)

$21,432

DWWF Brewfest

$15,000

Chamber Music Festival

$5,000

$3,500

$1,500

ArtWalla

$2,000

$530

$1,470

Little Theatre of Walla Walla

$10,000

$5,000

Walla Walla Movie Crush

$2,000

$500

$1,500

TOTALS

$1,095,000

($210,539)

$863,029

The proposed updated grant amounts will leave the fund out of balance by $81,000 if the current proposed projections are correct. This shortfall may be covered by the current fund balance in 126.

POLICY ISSUES:

This recommendation aligns with City of Walla Walla Municipal Code 3.15.060 and RCW 67.28.1817.

PLAN COMPLIANCE:

STRATEGIC PLAN:
This recommendation aligns with Strategy 4 "We will foster economic development and sustain financial stability." Item 2 "Promote and grow tourism with partners and build upon the success of Main St and Downtown."

COMPREHENSIVE PLAN:
This recommendation aligns with ED Policy 8.1: "Work with local and regional partners to encourage tourism and an increase of commerce within the City of Walla Walla."

ALTERNATIVES:

As provided by State statute the City Council has two options:

Council may approve the LTAC funding recommendation submitted to Council.
Council could send back another new funding proposal to LTAC, but must wait forty-five days and then Council may adopt a new proposal.

STAFF RECOMMENDATION:

The Lodging Tax Advisory Committee recommends, and staff concurs, for the City Council to authorize by resolution the proposed updated distribution allocations.

CITY MANAGER COMMENTS:

Approved for City Council consideration.

Attachments

Res 20-67

05-27-2020 LTAC Draft Minutes

LTAC Email Communications

ar-3775

Pgs. 220-225

City Council - Regular Meeting

Meeting Date:

06/24/2020

Item Title:

Preliminary Plat for Boyer Cottages Planned Unit Development

Submitted For:

Jon Maland, Development Services Department

Project No:
PPL-20-0002

Financial Comments:

The developer will be responsible for frontage improvements, parking signage pertaining to solid waste and recycling collections day, and utilities improvements pertaining to the Fire Hydrant requirement.

All Contracts:
Not Applicable

Federally funded contracts only:
Not Applicable

Construction contracts only:
Not Applicable

Brief Summary of Requested Action:

Request for Preliminary Plat approval for a nine unit residential Planned Unit Development, File# PPL-20-0002.

Information

HISTORY:

March 12, 2020: Tumbleweed Property Partners Affiliated Dr, LLC. submitted a Preliminary Plat and Planned Unit Development application to subdivide the 21,653 square foot property, at 1239 Boyer Avenue, into nine (9) residential units. The subject property is located at 1239 Boyer Avenue.

March 20, 2020: The Notice of Application notification process was completed, as required by Walla Walla Municipal Code 20.14.065. The Notice of Application and State Environmental Policy Act (SEPA) Environmental Checklist was circulated to the City Site Plan Review Committee (SPRC), SEPA contacts, Utility contacts and the Washington State Department of Ecology. Comment letters were received from the following:

Washington State Department of Archaeology and Historic Preservation
Washington State Department of Ecology and
Malcom T Bohlman, property owner of 1240 Boyer Ave,

April 8, 2020: The City of Walla Walla Site Plan Review Committee (SPRC) met with the applicant and reviewed the preliminary plat and planned unit development. The SPRC comments are contained within the SPRC comment letter and recommends approval of the preliminary plat/PUD.

May 14, 2020: The City of Walla Walla SEPA Responsible Official issued a final SEPA threshold determination of a Mitigated Determination of Non Significance (MDNS) on the proposal. The Mitigation condition was: The applicant/developer shall prepare an inadvertent discovery plan (IDP) and prepare the construction crews, for development of the site, on the possibility of encountering archeological material during ground disturbing activities.

May 15, 2020: The Notice of Public Hearing notification process was completed, as required by Walla Walla Municipal Code 20.14.085.

June 1, 2020: The City of Walla Walla Planning Commission conducted a Public Hearing on the request. The hearing was open for public comment and no members of the public provided comment. The Planning Commission concluded the hearing and recommend approval of the Preliminary Plat and Planned Unit Development.

POLICY ISSUES:

A commentary of the Residential Subdivision and Preliminary Plat policy issues are contained within the staff report to the Planning Commission. Please click here to view the staff report and complete record: https://www.dropbox.com/s/lmdmfw5e1qg8u8n/PPL-20-0002%20Complete%20Packet%20CC.pdf?dl=0

PLAN COMPLIANCE:

STRATEGIC PLAN:
Strategic Initiative 4 - Long Term : Encourage Economic development to strengthen the community

Objective 3: Encourage affordable housing and reduce homelessness

COMPREHENSIVE PLAN:
Community Character Policy 1.1 Use the land use code and design guidelines to ensure that new development reinforces and is guided by the character of existing land use patterns and the architectural attributes of the applicable character areas.

Land Use Policy 1.1 Accommodate new residential and commercial development in areas with available infrastructure and services.

Land Use Policy 1.3 Encourage infill development that provides additional housing within the city.

Land Use Policy 1.4 Review new development proposals to ensure they support the objectives of the Comprehensive Plan such as land use, transportation, community character, historic preservation, and sustainability.

Land Use Policy 3.7 Support a variety of housing types such as tiny homes, duplexes, multi-family development, cottage housing, and single family residential.

Land Use Policy 4.1 Balance commercial, industrial, and residential development
with the conservation of natural resources and open space by directing growth to areas already served by infrastructure.

Land Use Policy 4.4 Ensure that new subdivisions and housing development retains natural qualities including topography, natural features, and native vegetation to minimize impacts to the surrounding ecosystem. Retaining or restoring riparian woody vegetation should be a priority.

Land Use Policy 5.2 Ensure that new subdivisions and housing are designed to accommodate pedestrian and bicycle access within the development and to nearby community facilities and amenities such as schools, parks, shopping areas, transit corridors, and employment centers.

Housing Goal 1: A broad range of housing choices is available to meet the needs of people of diverse socioeconomic status, household type, and age.

Housing Policy 1.1: Provide an array of housing choices such as apartments, small lot single-family housing, accessory dwelling units, townhomes, manufactured homes, and cottages to meet the needs of people of all incomes throughout their lifespan.

Capital Facilities & Utilities Policy 2.3: Design and distribute public facilities and services, including streets and utilities, to ensure equitable supply and access to all segments of the population.

ALTERNATIVES:

The City Council may decide to approve, approve with modifications, deny, or remand the request back to the Planning Commission for further consideration.

STAFF RECOMMENDATION:

Staff concurs with the Planning Commission recommendation of approval of the Preliminary Plat and Planned Unit Development to the City Council, with the following conditions of approval.

The applicant, developer(s) or owner(s) shall install a Fire Hydrant and applicable infrastructure, on Boyer Avenue, per City Standard Plans.
The applicant, developer(s) or owner(s) shall install no parking signage, pertaining to solid waste and recycling collections day, on Boyer Avenue, per City Standard Plans.
Conditions set forth in the Site Plan Review Committee Letter, dated April 14, 2020.
Condition set forth in the SEPA Mitigated Determination of Non-significance (MDNS), dated May 14, 2020.

CITY MANAGER COMMENTS:

Approved for City Council consideration.

Attachments

Res 20-68

ar-3794

Pgs. 226-230

City Council - Regular Meeting

Meeting Date:

06/24/2020

Item Title:

Shoreline Substantial Development Permit for the South Wilbur Manor Apartments

Submitted For:

Jon Maland, Development Services Department

Project No:
SHR-20-00001

Financial Comments:

N/A

All Contracts:
Not Applicable

Federally funded contracts only:
Not Applicable

Construction contracts only:
Not Applicable

Brief Summary of Requested Action:

Shoreline Substantial Development Permit for the construction of carports, within the existing parking lots and associated site improvements at 135 South Wilbur Avenue. Said development is proposed to be within 200 Feet of Mill Creek.

Information

HISTORY:

March 16, 2020: Vinland Housing Assoc Ltd. submitted a Shoreline Substantial Development Permit application for the construction of five carports within the existing parking lot and associated site improvements. The subject property is located at 135 South Wilbur Avenue, southeast of the Mill Creek bridge.

March 20, 2020: The Notice of Application notification process was completed, as required by Walla Walla Municipal Code 20.14.065. The Notice of Application and State Environmental Policy Act (SEPA) Environmental Checklist was circulated to the City Site Plan Review Committee (SPRC), Washington State Department of Ecology and SEPA contacts. A comment letter was received from the Washington State Department of Ecology.

March 27, 2020 Additional publish date (two dates required by City Shoreline Master Program)

April 15, 2020: The City of Walla Walla Site Plan Review Committee (SPRC) meeting was conducted on the request. The SPRC had no additional comments and recommend approval.

May 14, 2020: The City of Walla Walla SEPA Responsible Official issued a final SEPA threshold determination of a Determination of Non-Significance (DNS) on the proposal.

May 15, 2020: The Notice of Public Hearing notification process was completed, as required by Walla Walla Municipal Code 20.14.085.

June 1, 2020: The City of Walla Walla Planning Commission conducted a Public Hearing on the request. The hearing was open for public comment and no members of the public provided comment. The Planning Commission concluded the hearing and recommended approval of the Shoreline Substantial Development Permit.

POLICY ISSUES:

A commentary of the Shoreline Management Act policy issues are contained within the Staff report to the Planning Commission. Click here for the report: https://www.dropbox.com/s/t33gtcnnmfu6r6t/SHR-20-0001%20Complete%20Packet%20CC.pdf?dl=0

PLAN COMPLIANCE:

STRATEGIC PLAN:
Strategic Initiative 4 - Long Term Encourage Economic development to strengthen the community Objectives: 3. Encourage affordable housing and reduce homelessness

COMPREHENSIVE PLAN:
Community Character Policy 5.1- Work with public and private partners to enhance the Mill Creek corridor with ecological restoration and trails to become a keystone asset in the city's physical identity.

Environment and Natural Resources Policy 1.1 - Implement best management practices, where feasible, to ensure protection of surface and groundwater resources and ecosystems in locations where roadway and highway construction projects are occurring.

Shoreline Master Program Shoreline Use and Modifications

Goal-1. To foster a pattern of land use along the shorelines of the City of Walla Walla that balances human use with protection of existing character, habitat, and ecological systems.

Goal-2. To encourage shoreline development and modifications that are wisely placed, consistent with the physical limitations of the area, serve the needs and desires of the local citizens, and ensure no net loss of ecological function.

Goal-3. To give priority to preferred uses of the shoreline, as well as those uses that contribute to the unique character and economic prosperity of the City of Walla Walla, where those uses will not cause a net loss of shoreline ecological function.

ALTERNATIVES:

The City Council may decide to approve, approve with modifications, deny, or remand the request back to the Planning Commission for further consideration.

STAFF RECOMMENDATION:

Staff concurs with the Planning Commission recommendation for approval of the Shoreline Substantial Development Permit, File# SHR-20-0001 to City Council.

CITY MANAGER COMMENTS:

Approved for City Council consideration.

Attachments

Res 20-69

ar-3698

Pgs. 231-241

City Council - Regular Meeting

Meeting Date:

06/24/2020

Item Title:

Transportation Benefit District (TBD) Annual Report & Work Plan

Submitted For:

Monte Puymon, Public Works Department, Engineer Transportation

Project No:
TBD9000

Financial Comments:

There is no financial impact as part of the 2020 Transportation Benefit District (TBD) Annual Report & Work Plan. This document provides the realized 2019 income/expenses of the program, and estimates those numbers for 2020.

All Contracts:
Not Applicable

Federally funded contracts only:
Not Applicable

Construction contracts only:
Not Applicable

Brief Summary of Requested Action:

Resolution approval of the 2020 Transportation Benefit District (TBD) Annual Report & Work Plan.

Information

HISTORY:

The Transportation Benefit District (TBD) is funded by a 0.2% increase in sales tax which City of Walla Walla voters approved in February 2012. The tax increase went into effect in July 2012, and expires in June of 2022. Funding must be dedicated to transportation improvements and is being applied to a list of 25 streets identified by citizens and prioritized by a combination of citizen votes, traffic volumes, and street classifications. The City has leveraged this TBD funding to obtain over $22 million in grants, and will complete nearly $30 million of improvements to TBD listed streets from 2013 through this 2020 construction season.

Staff met with the TBD Advisory Committee to review this Annual Report and Work Plan. The Committee supports approval of the attached document. Click here for access to the presentation: https://www.dropbox.com/s/nmenef8i95arm2i/TBD%20PRESENTATION.pdf?dl=0

POLICY ISSUES:

The Transportation Benefit District (TBD) Annual Report and Work Plan is required by the City of Walla Walla Municipal Code 2.60.020(D) and RCW 36.73, which includes making this document available to the Union Bulletin, the newspaper of record within the district.

A district shall issue an annual report, indicating the status of transportation improvement costs, transportation improvement expenditures, revenues, and construction schedules, to the public and to newspapers of record in the district. This Annual Report and Work Plan, and the related presentation on the TBD is provided to share program activities and successes in project completion and grant realization, as well as meet the requirements quoted above from state law, our municipal code and TBD ordinance and bylaws.

PLAN COMPLIANCE:

STRATEGIC PLAN:
Strategic Initiative 2: Fix and Improve the City's Infrastructure.
Objective 2: Continue work on the City's Transportation Network (e.g. streets, sidewalks, bridges, etc.)
COMPREHENSIVE PLAN:
Economic Development Goal 2: Walla Walla has high-quality infrastructure to support economic development.
Policy 8.2: Maintain and improve the built environment of sidewalks, parks, paths, and other public amenities that visitors will enjoy and utilize.
Transportation Goal 2: Provide for and improve the safety and security of transportation users and the transportation system.
Policy 2.2: Establish stable and diverse revenue sources to meet transportation investment needs of the City.
Transportation Goal 4: Maintain, preserve, and extend the life of the City's transportation infrastructure.
Capital Facilities and Utilities Goal 1: Walla Walla's capital facilities and utilities are well maintained and up-to-date to meet the demands of growth and economic development.

ALTERNATIVES:

Council may: (1) Approve the document as submitted; (2) Approve the document with requested modifications; or (3) Direct staff to revise and resubmit for approval at a future council meeting.

STAFF RECOMMENDATION:

Approve the 2020 TBD Report and Work Plan as submitted and direct staff to make this available to the Union Bulletin.

CITY MANAGER COMMENTS:

Approved for Council consideration.

Attachments

Res 20-70

Annual Report and Work Plan

ar-3848

Pgs. 242-248

City Council - Regular Meeting

Meeting Date:

06/24/2020

Item Title:

Ordinance amending low income utility discount

Submitted For:

Nabiel Shawa, City Manager Office, Administration

Financial Comments:

$136,000. This amount is included in each year of the 2019/20 biennial budget.

All Contracts:
Not Applicable

Federally funded contracts only:
Not Applicable

Construction contracts only:
Not Applicable

Brief Summary of Requested Action:

Ordinance recommendation from the City Council Finance Committee that increases the limit of the utility discount program from 125% to 150% of Federal Poverty Guidelines.

Information

HISTORY:

City Council expanded the Utility Rate Low Income Discount program, effective January 2020, to all households. Previously the program was only available to low income senior citizens and low income disabled customers. Under the expanded program any low income household that meets the income requirements are now eligible. The low income limit is currently 125% of Federal Property Guidelines.

The City Council Finance Committee met with Blue Mountain Action Council members and staff on June 16, 2020, to review results from the expanded program. Under the previous program (seniors and disabled) 128 households were served The program goals and funding anticipated under the expanded program anticipated 369 households would utilize this discount. Unfortunately only 7 additional households are currently served, bringing the current total served to 135. Far short of the Council's goal of 369.

Based on this low participation rate the Finance Committee recommends increasing the limit from 125% to 150% of Federal Poverty Guidelines. The 150% level aligns with the Federal energy assistance program income limits. It is hoped this income limit increase will result in a participation rate much closer to the goal of 369 households.

POLICY ISSUES:

Provide financial assistance to qualifying low income households.

ALTERNATIVES:

Leave as is at 125%.

STAFF RECOMMENDATION:

Raise the income limit to 150% of the Federal Poverty Guidelines.

CITY MANAGER COMMENTS:

Approved for City Council action.

Attachments

Ord 2020-22

ar-3852

Pg. 249

City Council - Regular Meeting

Meeting Date:

06/24/2020

Submitted For:

Nabiel Shawa, City Manager Office, Administration

Add'l Contributors:

Information

ITEM TITLE:

Town Hall Meeting - virtual or in-person

Attachments

No file(s) attached.

ar-3839

Pgs. 250-283

City Council - Regular Meeting

Meeting Date:

06/24/2020

Submitted For:

Jean Teasdale, Finance Department

Add'l Contributors:

Information

ITEM TITLE:

Approval of the 5/31/2020 Accounts Payable Register, covering checks #207402 through #207550 and #207552 through #207656; and #991000 through #991005, totaling $4,393,052.87.

Attachments

5/31/2020 AP Register