Regular City Council Meeting

Regular City Council MeetingAgenda August 25, 2025 at 6:00pm 500 E Main St. Othello, WA 99344 Join Zoom Meeting https://us06web.zoom.us/j/83699898563?pwd=SVhvWlg2VUhjbmY5aTUxcWlLcStnZz09 Page 1. OPENING ITEMS A. Call to Order B. Invocation C. Pledge of Allegiance D. Public Input E. Roll Call 2. APPROVAL OF AGENDA 3. CONSENT AGENDA: The following items will be enacted by one motion. If separate discussion is desired, that item may be placed on the regular agenda, with concurrence of the Council. Requests to remove items should be made under Agenda Item 2: Approval of Agenda. A. Approve City Council Minutes August 11, 2025 3-8 Regular City Council Meeting - Aug 11 2025 - Minutes - Html B. Approve Accounts Payables 4. CURRENT BUSINESS A. Budget Process and Council Budget Committee Meetings 9 - 10 Agenda.Memo.2026 Budget process & Council Budget Page 1 of 48  Committees.pdf 2026 Council Budget Committee Schedule.pdf B. Adopt Business License Ordinance Amendment 11 - 14 Agenda Memo-Amend Business License Ordinance.pdf 1636.Ordinance.Amend.Business. License.Threshold.pdf C. Approve Local 280 Public Works Union Contract 15 - 29 Local 280 CBA Agenda Memo.pdf City of Othello CBA 2026-2028 Final.pdf D. Adopt Ordinance Related to Possession of Another's 30 - 32 Identification for Severability Agenda Memo Ordinance RCW ID Theft.pdf ORD - Possession of another's identification - Adopt by Reference - Draft kh.pdf E. Approve TCA Architectural Fee Schedule for Fire Department 33 - 37 Facility Analysis 2025 Agenda Memo Approval of Fee schedule for Architect Services for Fire Department Facility Analysis.pdf 2025_0825_City of Othello FD Facility Analysis Exhibit A.pdf 2025_0825 City of Othello FD Facility Analysis Fees Exhibit B.pdf F. Consideration of Bee-Keeping Ordinance 38 - 44 Agenda.Memo.Bee.Ordinance.Discussion.pdf OMC.bee.regulations.pdf Beekeeping.Cities.pdf Letter.John.Pierre.pdf 5. UNFINISHED BUSINESS 6. NEW BUSINESS 7. COUNCIL WILL ALSO RECEIVE A. Planning Commission Minutes 45 - 48 2025.07.21.Mintues.pdf Page 2 of 48 Regular City Council Meeting - Aug 11 2025 Minutes Monday, August 11, 2025 at 6:00 PM Council Chambers 1. OPENING ITEMS A. Call to Order B. Invocation C. Public Input Jake Mendez- address fireworks issue addressed at the last meeting D. Pledge of Allegiance E. Roll Call Motion to excuse Councilmember Danae Valdez. Moved by: John Lallas Seconded by: Genna Dorow 2. APPROVAL OF AGENDA Motion to approve the agenda. Moved by: Angel Garza Seconded by: John Lallas 3. CONSENT AGENDA: The following items will be enacted by one motion. If separate discussion is desired, that item may be placed on the regular agenda, with concurrence of the Council. Requests to remove items should be made under Agenda Item 2: Approval of Agenda. Page 3 of 48 Motion to approve the consent agenda. Moved by: Darryl Barnes Seconded by: Angel Garza A. Approve City Council Minutes July 28, 2025 Regular City Council Meeting - Jul 28 2025 - Minutes - Html B. Approve Accounts Payables Accounts Payable was audited and certified by the Auditing Officer, as required by RCW 42.24.080; and those expense reimbursement claims certified and as required by RCW 42.24.090, have been recorded on a listing that has been reviewed by the Council audit committee and is available to the Council. Accounts Payable Check No. 62113 to No. 62179 in the amount of $372,595.88. Accounts Payable Manual Check No. 5602 to No. 5616 in the amount of $178,188.98. Accounts Payable Manual Check No. 5617 to No. 5617 in the amount of $301.50. C. Approve Payroll and Related Expenses Payroll and Related Expenses Check No. 33373 to No. 33408 in the amount of $691,979.92. D. Approve Resolution for Surplus- IT Items 2025.08.11.SurplusAgendaMemo.pdf 2025.16.Resolution.Declaring.Surplus.pdf E. Accept Futsal Court Project Consent Agenda Memo - Accept Futsal Court.pdf F. Main Street Decorative Lighting Change Order Agenda.Memo.OveragesChange.Order.pdf Change Order Invoice.pdf Page 4 of 48 4. CURRENT BUSINESS A. Approve Facility Use Agreement with CBHA for Color Run 2025.CBHA.ColorRun.Agenda.Memo.pdf 2025.CBHA-Color- Run-Map-2022-8.5x11.pdf 2025.CBHA.ColorRun.Agreement.pdf 2025.08.23.CBHA.Color.Run.Special.Event.Application.pdf Motion to approve the Facility Use Agreement between the City of Othello and CBHA authorizing the use of City Property for the Columbia Basin Health Association 5K Color Run on Saturday, August 23, 2025. Moved by: Mark Snyder Seconded by: Genna Dorow B. Approve Facility Use Agreement with Chamber of Commerce for Back to School Movie Night 2025.Chamber.MovieNight.Agenda.pdf Special Event Application Back to School Movie Night.pdf Map. Movie. Night.pdf 2025.Chamber.MovieNight.Agreement.pdf Certificate.of.Liability.Insurance.pdf Motion to approve the Facility Use Agreement authorizing use of City property for The Greater Othello Chamber of Commerce for the Back to School Movie Night. Moved by: Genna Dorow Seconded by: Angel Garza C. Approve Contract for On-Call Building Inspection Contract for On-Call Bldg Inspection. Agenda memo.pdf Othello Safe Built proposal.pdf Res 2019-06.pdf Othello Safe Built Inspector Contract 05.28.25_JME.pdf Motion to authorize the Mayor/City Administrator to sign a contract with SAFEbuilt for On-Call Building Inspection Services. Moved by: John Lallas Page 5 of 48  Seconded by: Genna Dorow D. City Fire Department Strategic Start Up Plan Presentation Introduction and presentation by Mike Ganz, Fire Department Consultant. 2025 Agenda Memo Fire Dept Strategic Startup Plan.pdf Othello Strategic Startup Planning Document 2025-2026.pdf Ganz Resume.pdf E. Approve Contract for Fire Services Repair and Maintenance Presented by Mayor Logan. 2025.Agenda.Memo.Contract.for.Services.Fire.Service.Repair. Maintenance.pdf Estimate.Fire.Service.Repair.26148.pdf Fire.Service.Maintenance.Repairs.Consultant.Agreement.pdf Motion to approve contract for services with Fire Service Repair, LLC in the amount of $14,918.62. Moved by: Corey Everett Seconded by: John Lallas F. Award Contract to TCA Architects for Fire Department Facility Analysis Presentation by Brian Harris, TCA Architectural and Planning Inc. 2025 Agenda Memo Contract for Services Fire Department Facility Analysis.pdf TCA.Architecture.pdf 2025.Professional.Services.Contract.Fire.Dept.pdf Motion to Approve Contract for Architect Services with TCA Architectural + Planning, Inc. Moved by: John Lallas Seconded by: Mark Snyder Page 6 of 48  Amend Motion to Approve Contract for Architect Services with TCA Architectural + Planning, Inc. and correct section 3.3.3 of the contract to 10 days instead of 30 days. Moved by: John Lallas Seconded by: Mark Snyder Motion Carries 5. UNFINISHED BUSINESS There was none. 6. NEW BUSINESS There was none. 7. COUNCIL WILL ALSO RECEIVE A. Building and Planning Report- July 2025.07BuildingPlanningReport.pdf B. Police Department Report- July 2025.07.Police.Report.pdf C. Public Works/Engineering Report PW-Engineering Department Monthly Report (July 2025).pdf Shawn Logan, Mayor Tania Morelos, City Clerk Yvonne Hernandez, Deputy City Clerk Page 7 of 48  John Lallas, Mayor Pro Tem Adjourn at 7:23pm. Page 8 of 48 AGENDA MEMO Attachments: Council Meeting Date: Aug 25, 2025 1. Draft budget committee schedule Agenda Item: 2026 budget process and committee 2. 3. schedule 4. Presented by: Spencer Williams, Finance Officer ACTION REQUIRED: Informational Motion Ordinance Resolution Why is it a legislative issue? Council is the approving authority to adopt the City Budget. Explanation of issue: Budget season is quickly approaching. Because the final budget belongs to the Council, we want to make the budget building process work for you. We will work with Department Heads and the Finance Committee to make this a smooth process. This year we’ll follow a similar format to the process we followed last year. The broad strokes of the budget season are as follows: • July-Sep - Work with department heads to develop budget expectations to end 2025 and work through 2026. • Sep-Oct - Meet with the various budget committees to review the sections of the budget. • Nov - Review budget proposals and consider inclusion of capital requests. • Dec - Pass 2026 Budget During our Council Budget Committee meetings, we will review the budget by sections. We will look at a brief history of expenses and review the justifications for increasing or decreasing budget lines for 2026. We’ve prepared a preliminary calendar for this review. Please review the committees and the meeting dates and times (attached). We can make changes as necessary, to fit your schedules. We can follow up with this during our next meeting. The budget process can seem daunting, but it doesn’t have to be. As always, feel free to visit me in my office to discuss budget matters. Budget: Per Council discretion Staff/Committee Recommendation: Staff and the Mayor recommend Council review the council budget committees and calendar to determine if the committees and schedule are suitable. We’ll follow up with this during our next meeting. Form of Motion: No Motion, but we can start making changes tonight, if you wish. Page 9 of 48  2026 Budget Budget Committees Schedule 1) General Government a. Danae Valdez Date: 9/25/2025 Time: 12:00 PM b. Genna Dorow Staff: Mayor, Tania, Anne, Spencer, Abner c. Darryl Barnes 2) Law Enforcement a. John Lallas Date: 9/30/2025 Time: 12:00 PM b. Angel Garza Staff: Mayor, Chief, Spencer c. Corey Everett 3) Street/TBD a. Genna Dorow Date: 10/1/2025 Time: 12:00 PM b. John Lallas Staff: Mayor, Spencer, Robin c. Mark Snyder 4) Water/Sewer a. Genna Dorow Date: 10/2/2025 Time: 12:00 PM b. John Lallas Staff: Mayor, Spencer, Robin c. Mark Snyder 5) Parks & Rec a. John Lallas Date: 10/14/2025 Time: 12:00 PM b. Angel Garza Staff: Mayor, Robin, Spencer, Valerie c. Genna Dorow 6) Special Rev./Debt Service a. Danae Valdez Date: 10/15/2025 Time: 12:00 PM b. Darryl Barnes Staff: Mayor, Spencer c. Mark Snyder 7) Solid Waste a. Corey Everett Date: 10/16/2025 Time: 12:00 PM b. Mark Snyder Staff: Mayor, Robin, Spencer, c. John Lallas 2025 Sun Mon Tues Wed Thurs Fri Sat Sep 22 23 24 25 26 27 Sep/Oct 29 30 1 2 3 4 Oct 6 7 8 9 10 11 IACC Oct Rev 14 15 16 17 18 Page 10 of 48 AGENDA MEMO Attachments: 1. Ordinance 1636 Council Meeting Date: August 25, 2025 2. Agenda Item: Ordinance to amend and update the 3. 4. Model Threshold Presented by: Tania Morelos, City Clerk ACTION REQUIRED: Informational Motion Ordinance Resolution Why is it a legislative issue? City Council is the approving authority for all City ordinances. Explanation of issue: In 2018, the Washington state Legislature passed a bill to require cities to adopt a model minimum threshold for business licensing by January 1, 2019. The law mandates cities to include a definition of “engaging in business” and a minimum licensing threshold (or occasional sale) exemption to establish when out-of-town or transient businesses are required to be licensed (RCW 35.90.080(2)). The model uniform minimum licensing threshold (profit amount) for obtaining a business license in the model ordinance was reviewed and updated by a work group of cities in 2024. This update to the model ordinance increases the minimum threshold profit amount for obtaining a business license from $2,000 to $4,000 annually beginning January 1, 2026, with provisions for periodic increases based on the Consumer Price Index (“CPI”). This change must be adopted by all cities by January 1, 2026. Staff Recommendation: Staff recommends Council approval of the updated model ordinance provisions related to the uniform minimum licensing threshold. Form of Motion: Move to approve the Ordinance to adopt the updated unform minimum licensing threshold amounts as required by state law. Page 11 of 48  City Of Othello Washington Ordinance No. 1636 AN ORDINANCE OF THE CITY OF OTHELLO, WASHINGTON AMENDING OTHELLO MUNICIPAL CODE CHAPTER 4.04.050 TITLED “EXEMPTIONS” WITHIN CHAPTER 4.04 BUSINESS LICENSES; AND ESTABLISHING AN EFFECTIVE DATE WHEREAS, In 2018, the Washington state Legislature passed a bill directing the creation of a model business licensing ordinance for cities in the state, which required cities to adopt a minimum threshold for business licensing by January 1, 2019. RCW 35.90.080 requires the model ordinance to include a mandatory definition of “engaging in business” and a uniform minimum business licensing threshold (or occasional sale) exemption to establish when out-of- town or transient businesses are required to be licensed. WHEREAS, In 2024, a work group of cities reviewed and updated the model uniform business licensing threshold amount from $2,000 to $4,000 beginning January 1, 2026, with provisions for periodic increases thereafter based upon the Consumer Price Index. WHEREAS, Cities must adopt the updated business licensing threshold amount by January 1, 2026. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF OTHELLO, WASHINGTON ORDAINS AS FOLLOWS: Section 1. Amending Ch. 4.04.050. Othello Municipal Code Chapter 4.04.050 titled “EXEMPTIONS”, is hereby amended as follows: 4.04.050 Exemptions. A license, as provided for in this chapter, shall not be required in the following situations: (a) A farmer or rancher selling the products, fruits, or crops actually produced by the seller. (b) Sales conducted by a bona fide charitable or nonprofit organization. (c) A flea market, festival, event, or bazaar conducted within the city limits, organized and managed by a bona fide charitable or nonprofit organization; provided, that the location of the flea market, festival, event, or bazaar meets all zoning, fire, and building codes. Ordinance 1636 Page 12 of 48  However, a flea market, festival, event, or bazaar being conducted for profitable gain must comply with the business licensing provisions of this chapter. (d) A person making casual or isolated sales of goods or merchandise at a flea market, rummage sale, yard sale, garage sale, bazaar, or like sale when such sales are only conducted on a Friday, Saturday, Sunday, or any city-recognized holiday; however, the operator of a yard or garage sale must comply with all requirements in Chapter 4.24. (e) Sales conducted by students of public or private primary and secondary schools and other organized groups associated with public or private school systems. (f) Artisans, crafters, or authors who produce their own art, craft work, books or journals, who are invited to exhibit and sell their work as a part of an event sponsored by a registered, nonprofit organization or a for-profit merchants’ organization. (g) Any person or business whose annual value of products, gross proceeds of sales, or gross income of the business in the city is equal to or less than $2,000 (“threshold amount”) and who does not maintain a place of business within the city shall be exempt from the general business license requirements in this chapter. The exemption does not apply to regulatory license requirements or activities that require a specialized permit. Beginning January 1, 2026, the threshold amount is $4,000. The threshold amount will be adjusted every forty-eight months on January 1, by an amount equal to the increase in the Consumer Price Index (“CPI”) for “West Urban, All Urban Consumers” (CPI-U) for each 12-month period ending on June 30 as published by the United States Department of Labor Bureau of Labor Statistics or successor agency. To calculate this adjustment, the current rate will be multiplied by one plus the cumulative four-year (forty-eight month) CPI increase using each 12-month period ending on June 30 of each prior year, and rounded to the nearest $100. However, if any of the annual CPI increases are more than five (5) percent, a five (5) percent increase will be used in computing the annual basis and if any of the annual CPI decreased during the forty-eight-month period, a zero (0) percent increase will be used in computing the annual basis. Section 2. Effective date. This ordinance shall be in full force and effect five days after its passage and publication of its summary as provided by law. PASSED by the City Council of Othello, Washington this 25th day of August 2025. By: _________________________________ John Lallas, Mayor Pro Tem Ordinance 1636 Page 13 of 48 ATTEST: By: ______________________________ Tania D. Morelos, City Clerk APPROVED AS TO FORM: By: ______________________________ Hillary J. Evans, City Attorney PASSED the 25th day of August 2025 APPROVED the 25th day of August 2025 PUBLISHED the 3rd day of September 2025 Ordinance 1636 Page 14 of 48 AGENDA MEMO Attachments: Council Meeting Date: __08/25/2025______ 1. Local 280 CBA 2026-2028 Agenda Item: Public Works Collective Bargaining 2. Agreement 01/01/2026 – 12/31/2028 3. 4. Presented by: AC Garza_____________ ACTION REQUIRED: Informational Motion Ordinance Resolution Why is it a legislative issue? Council approval is required for newly ratified collective bargaining agreements. Explanation of issue: Negotiations were conducted between International Union of Operating Engineers Local 280 who represents City Public Works employees and the City of Othello. The negotiations worked towards a three-year collective bargaining agreement (CBA) that covers 01/01/2026 through 12/31/2028. The new CBA includes changes to the definition of a Journeyman requiring five years of service with the City as well as a point system for certifications and licenses. The point system provides incentives for covered employees to work towards earning certifications and license to reach the level of Journeyman. The new CBA also provides a 7% wage increase for 2026, and no less than a 4% wage increase in 2027 and 2028. The negotiations were collaborative, and the attached CBA has been ratified by the union members. Budget: TBD Staff Recommendation: Staff recommend approval of the CBA. Form of Motion: Move to approve this three year agreement with the International Union of Operating Engineers Local #280 (public works union) for 2026 through 2028. Page 15 of 48  Collective Bargaining Agreement By and Between City of Othello And International Union of Operating Engineers Local #280 For the Period January 1, 2026, to December 31, 2028 Page 16 of 48  Table of Contents PREAMBLE ............................................................................................................................... 3 ARTICLE I – RECOGNITION ..................................................................................................... 3 ARTICLE 2 - DEFINITIONS ....................................................................................................... 3 ARTICLE 3 - NON-DISCRIMINATION ....................................................................................... 3 ARTICLE 4 - MANAGEMENT RIGHTS ...................................................................................... 3 ARTICLE 5 - UNION MEMBERSHIP ......................................................................................... 4 ARTICLE 6 - HOURS OF WORK AND OVERTIME ................................................................... 4 ARTICLE 7 - SENIORITY - PROBATION - PROMOTION – LAYOFF –JOB OPENING ............. 5 ARTICLE 8 - UNION REPRESENTATIVE ................................................................................. 6 ARTICLE 9 - WAGES ................................................................................................................ 6 ARTICLE 10 – VACATIONS - SICK LEAVE - HOLIDAYS ......................................................... 8 ARTICLE 11 - CLOTHING ......................................................................................................... 8 ARTICLE 12 - HEALTH AND WELFARE - INSURANCE ........................................................... 9 ARTICLE 13 - RETIREMENT..................................................................................................... 9 ARTICLE 14 - BULLETIN BOARDS ........................................................................................... 9 ARTICLE 15 - LABOR MANAGEMENT COMMITTEE ............................................................... 9 ARTICLE 16 - WORK STOPPAGE ...........................................................................................10 ARTICLE 17 - ENTIRE AGREEMENT .....................................................................................10 ARTICLE 18 - SAVINGS CLAUSE ............................................................................................10 ARTICLE 19 - GRIEVANCE PROCEDURE ..............................................................................10 ARTICLE 20 - DURATION OF AGREEMENT ...........................................................................12 APPENDIX “A” WAGE SCHEDULE ..........................................................................................14 Page 17 of 48 PREAMBLE This Agreement is between the City of Othello, Washington (hereinafter called the “Employer") and Local No. 280, International Union of Operating Engineers, (hereinafter called the “Union) for the purpose of setting forth the mutual understanding as to terms and conditions of employment for those employees. (State of Washington Case #2145-E-79-410, D #709-PECB, dated September 13, 1979). ARTICLE I – RECOGNITION 1.1 The City of Othello recognizes the Union as the sole and exclusive bargaining agent for the City of Othello Public Works / Parks employees, including all full time and regular part time employees of the City, excluding supervisory employees, clerical employees, confidential employees, seasonal/casual and uniformed employees of the City. 1.2 Benefits described in this agreement shall apply to those employees designated herein. All employees shall be subject to being selected to perform overtime work. The conditions set forth in this contract are intended to apply to regular full-time employees and those regular part-time employees who qualify by definition. When qualified, regular part-time employee benefits shall be calculated on a standard pro-rata basis. Temporary employees shall not work overtime except in instances where regular full-time employees are not available, have declined the overtime, or are working overtime. 1.3 The Union shall provide the Employer a list of Union Stewards and maintain such list in a current status. 1.4 Seasonal/part time employees are not eligible for Medical, Dental and Vision benefits. ARTICLE 2 – DEFINITIONS A. Regular Full-time Employee: An employee who has completed his/her probationary period and who regularly works a minimum of thirty-five (35) hours a week on a continuing basis. B. Regular Part-time Employee: An employee who works less than thirty-five (35) hours but at least twenty (20) hours a week on a continuing basis and is/is not eligible for pro-rated City benefits. C. Temporary Employees: Temporary employees are defined as those employees who hold jobs of limited duration arising out of special projects, abnormal workloads or emergencies. Temporary employees are not eligible for City benefits. ARTICLE 3 - NON-DISCRIMINATION 3.1 The Employer and the Union agree that they will not discriminate against any employee by reason of race, creed, age, color, sex, national origin, religious belief, marital status, mental or physical handicap, HIV/AIDS/hepatitis C status, or sexual orientation. 3.2 Where the masculine or feminine gender has been applied in any job classification or in any provision of this Agreement, it is applied solely for the purpose of illustration and shall not in any way be used to designate the sex of the employee eligible for the position or the benefits of any other provisions. 3.3 No employee covered by this Agreement shall be discriminated against because of membership in the Union or lawful activities on behalf of the Union as long as those activities do not interfere with the normal work process of the Employer. ARTICLE 4 - MANAGEMENT RIGHTS 4.1 The Union recognizes that the Employer has the obligation of serving the public with the highest quality service, efficiency and economy. The Union further recognizes the right of the Employer to operate and manage its operations, including but not limited to, required standards of performance to maintain order and efficiency; to direct employees and determine job assignments and working schedules; to determine the materials and Page 18 of 48  equipment to be used; to implement improved operational methods and procedures; to determine staffing requirements; to determine the kind and location of facilities; to determine whether the whole or any part of the operation shall continue to operate; to select and hire employees; to promote and transfer employees; to discipline, demote or discharge employees for cause; to lay off employees for lack of work; to recall employees; to require reasonable overtime work of employees; and to promulgate rules, regulations and personnel policies, provided that such rights shall not be at exercised so as to violate any of the specific provisions of this agreement. The parties recognize that the above statement of management responsibilities is for illustrative purposes only and should not be construed as restrictive or interpreted so as to exclude those prerogatives not mentioned which are inherent to the management function. The Employer on a unilateral basis in accordance with such policies shall administer all matters not covered by the language of this Agreement and procedures as it from time to time shall determine. ARTICLE 5 - UNION MEMBERSHIP 5.1 Employees shall have the right to join or not join the Union. Employees have the right to pay fees or not pay fees to the Union. 5.2 All employees of the City within the classifications covered by this Agreement may choose to share in the cost of maintaining and operating the Union as their collective bargaining agent, in accordance with its rules, and become members or agency fee payers. The foregoing provisions shall not be construed as denying the City the right to select its employees regardless of whether such employees are members of the Union. It is the intent of the parties that new employees may choose to become members of the Union or agency fee payers. 5.3 The right of non-association for religious belief, as provided in Chapter 41.56 RCW, shall be afforded to all bargaining unit employees. 5.4 The Union agrees to defend at its own expense and hold the Employer harmless in the administration of Article 5. 5.5 The Employer shall notify the Union of any changes to the bargaining unit to include notice of new hires and terminations. 5.6 The Employer agrees to deduct from the paycheck of each employee covered by this agreement who has so authorized it by signed notice submitted to the Employer, the initiation fee, and regular monthly dues or representation fee. The Employer shall transmit such fees to the Union once each month on behalf of the employees involved. 5.7 The Union shall provide at least thirty (30) calendar days written notice in advance of a change in either initiation fee or dues. 5.8 Employees who authorize deduction of dues may cancel this authorization once annually on the anniversary date of the contract, or at the expiration of the agreement, upon forty-five (45) days written notice to the Employer and the Union. ARTICLE 6 - HOURS OF WORK AND OVERTIME 6.1 The normal work week for full-time employees shall be five (5) consecutive days of eight (8) hours of work within any seven (7) consecutive 24-hour periods, exclusive of the meal period. The normal work week is Monday through Friday. In emergency situations, an alternate schedule may prevail. 6.2 Overtime: All time worked in excess of eight (8) hours in any one (1) day or forty (40) hours in any one (1) work week shall be considered overtime and shall be at one and one-half (1 ½) times the employee’s regular hourly rate of pay. Both parties agree that in order to Page 19 of 48  comply with the applicable provisions of the Fair Labor Standards Act, Washington Minimum Wage Act, and Washington Rebate Act as legally required, this Agreement shall be modified to permit Employer compliance throughout the term of this Agreement, without penalty to the Employer. Overtime assignments requiring specific job knowledge, certification, training or skills shall be assigned to the most senior qualified person. 6.3 An employee who works twelve (12) hours will be granted eight (8) hours of rest. If the employee is not relieved from duty for eight (8) hours of rest period, they will remain at the overtime rate until relieved. Double time will be paid for all hours worked beyond twelve (12) in a single workday and until the employee receives eight (8) hours of rest. Management reserves the right to assign employees to overtime shifts that management deems necessary in accordance with seniority lists and or certifications. 6.4 Call-Out: Call Outs may arise because of scheduled events or emergencies. The occurrence of an emergency shall be determined by the City. Response to Call Out is mandatory. Call Out for scheduled events and emergencies will be offered first to the most senior qualified employee and follow the line of seniority. When needed, the least senior qualified employee shall be required to respond. Employees called back to work by a designated supervisor shall receive a minimum of two (2) hours pay at one and one-half (1 ½) times the employee’s regular hourly rate of pay. Any time worked in excess of two (2) hours on such callback shall be paid for at one and one-half (1 ½) times the regular hourly rate of pay for actual hours worked. This section applies only when such callback results in hours worked which are not annexed consecutively to the beginning or ending of the employee’s workday. (See 5.2 above). Callback does not apply to weekend duty as set forth below. 6.5 When a shift is adjusted, whether by employee request or after being directed by the City, to work hours other than normally scheduled shift hours, the first eight (8) hours worked shall be considered regular time. Hours beyond these 8 hours will be considered overtime. Proper notice by the City shall be 24 hours. The employee and the City can mutually agree to less notice. 6.6 Compensatory Time: Compensatory time earned may be granted in lieu of overtime pay. Compensatory time will be accrued at the appropriate overtime rate of pay as identified in this article. Compensatory time taken shall be mutually agreed upon between the Employer and the individual employee. Compensatory time taken must be approved by the supervisor but will not be unduly withheld. Employees can accrue compensatory time up to eighty (80) hours per calendar year. On December 31 of each calendar year any unused Compensatory time shall be cashed out at the appropriate hourly rate. 6.7 There shall be no pyramiding of premium pay. ARTICLE 7 - SENIORITY - PROBATION - PROMOTION – LAYOFF –JOB OPENING 7.1 Seniority shall mean an employee's continuous length of service from his/her most recent date of hire. Seniority shall not apply to an employee until completion of the required one (1) year probationary period. During this probationary period, employees may be discharged without cause or recourse to the grievance procedure. Upon satisfactory completion of this probationary period, the employee shall be credited with seniority from his/her most recent date of hire. 7.2 Seniority shall be given full consideration in promotions, transfers, and layoffs and recalls where such factors as skill, competence and ability are substantially equal. The Employer shall be the judge as to qualifications and competence of its employees. In the event of layoff due to economic conditions, the last qualified person hired shall be the first laid off. Page 20 of 48  The last person laid off shall be the first to be recalled, provided such person is qualified for the open position. A laid off employee shall be notified by certified mail of notice of recall. Should a laid off employee fail to report within five (5) working days from the mailing date of such notice, the employee shall be terminated, and the job will be declared open. The provisions of this section shall be subject to the Grievance Procedure. 7.3 Job Opening: Should a position within this bargaining unit be vacated and not eliminated, it will be posted on all Union bulletin boards. Employees who meet the qualifications of the vacant position will be eligible to compete for the position. Applications shall be in writing and shall be submitted to the Employers designee within five (5) working days from date of posting. This procedure will not require the Employer to fill a position with an unqualified person, but the Employer will attempt to select and promote from those employees making application for the open position provided they meet the qualifications. If there are no qualified internal applicants, outside applicants will be considered. Internal and external postings may run concurrent. 7.4 The Employer may reclassify an employee who is found to be consistently performing all of the duties of a higher-grade position and whose written performance evaluation justifies the reclassification. Such reclassification shall not be defined as vacating or opening a position and no posting shall be required. 7.5 Seniority shall terminate upon resignation, discharge, retirement, and layoff of more than six (6) months or failure to return from an approved leave of absence. 7.6 It shall be the obligation of an employee to keep the City Clerk notified of a current telephone and/or mailing address. ARTICLE 8 - UNION REPRESENTATIVE 8.1 The Business Representative of the Union may, after notifying the Department Director or his designee, visit the work location of employees covered by this Agreement for purposes of investigating grievances and shall not interfere with the conduct of business. 8.2 Employee work hours shall not be used by employees or the Business Representative to conduct Union business or the promotion of Union affairs other than stated above. ARTICLE 9 - WAGES 9.1 Employees covered by this Agreement shall be compensated in accordance with Appendix “A” attached hereto which is part of this Agreement. 9.2 No employee will suffer loss of pay for any time involved in attending Employer required training courses during regular working hours. All tuition fees, books and other required materials for such training shall be borne by the Employer. Failure of any employee to pass such required course may result in discipline, demotion, or ineligibility for promotion. Should such employee repeat the course, the employee shall be required to pay the cost of the course and expenses incidental thereto. Approved training hours and examinations outside the normal workweek shall be considered work hours and eligible for overtime. 9.3 Travel time provisions shall be administered in conformity with the Fair Labor Standards Act. 9.4 If required to travel or take such course on a holiday or a Saturday, provisions shall be administered in conformity with the Fair Labor Standards Act. 9.5 Supervisory Differential Pay (step up pay) will be governed by City of Othello Personnel Policy. 9.6 Classifications: Page 21 of 48  Effective January 1, 2023, the City will implement three classifications of public works maintenance workers. A. Entry Maintenance Worker, will consist of employees who have been employed as a city maintenance worker for less than five (5) years. B. Journeyman Maintenance Worker, will consist of employees who have five (5) years of continuous employment with the city and. at least 5 points based upon a certification point table. Certification Points Flagger 1 Turf 2 Aquatic Spray 2 Right of Way Spray 2 Cross Connection Control 2 Pool Splash Pad 2 Waste Water 3 Water 3 Play Ground 3 ASE 3 C. Lead Maintenance Worker, will consist of employees selected and appointed by the City to assist with supervision of the Water Works, Waste Water, Streets and Parks, and Fleet divisions. 9.7 Certifications Employees required by the City to maintain the below listed State licenses or certifications will receive premium pay for each required certification or license held as provided below (CDL and forklift shall be exempt from certification pay). A. All employees as a condition of employment shall obtain, within 12 months of the signing of this agreement, and maintain a flagging certification card as well as a first aid card. New employees will obtain such flagging and first aid cards within 12 months of employment. Flagger card and First Aid training will be paid by the City for all members. B. The City will pay for certification testing once per year for eligible employees seeking next level certification in the following certifications. C. Certifications and licenses eligible for certification pay are as follows: 1. Water Works License $75 per month per certification level 2. Waste Water License $75 per month per certification level 3. Swimming Pool /Splash Pad $50 per month. 4. Cross Connection Control $75 per month 5. Flagger $25 per month 6. Turf & Ornamental Public Operator $75 per month 7. Aquatics spray $75 per month 8. Right of way $75 per month 9. Playground safety Inspector $75.00 per month. Page 22 of 48  10. ASE $75 D. The City will pay for the maintenance cost of the above certifications and licenses. E. Spanish Language 1% increase to base wage after passing skills test. 9.8 CDL The City will pay for maintenance of CDL’s for employees who are required by the City to have CDL’s during the term of this agreement. This will include the cost of the physical and the additional cost of the license over and above the cost of a regular Washington State driver’s license. Those employees required to possess and maintain a CDL will be permitted to use the appropriate City vehicles as available for testing or re-testing for the required CDL endorsement. Employees must possess a minimum of a CDL learners permit to utilize City vehicles for training or testing. 9.9 Drug Free Workplace In the event an employee fails a required drug test. The City agrees to pay for a retest. Any additional tests required to maintain the CDL or continue employment are solely at the employee’s expense. ARTICLE 10 – VACATIONS - SICK LEAVE – HOLIDAYS 10.1 Vacations, sick leave, holidays and any other City of Othello benefit shall be covered by the City of Othello Personnel Policy. The Union shall be notified of any contemplated changes that affect work conditions, wages, and hours worked. Any change(s) involving mandatory subject(s) of bargaining shall be subject to collective bargaining. The maximum number of accrued vacation hours at any time is 240 hours. 10.2 Holidays Worked: Regular full-time or part-time employees will be paid for the holiday at one and one-half (1 ½) times their regular rate of pay for any time worked on the holiday. ARTICLE 11 – CLOTHING 11.1 Clothing: The City shall furnish coveralls to all employees on an as needed basis. The employer shall replace coveralls worn out in the line of duty. Employees shall only wear their coveralls while on duty or when going to or from duty. Lockers will be furnished. 11.2 The employer will provide twelve (12) uniform shirts of any combination of short or long sleeve per year. The color(s) and logo shall be at the discretion of the City Administrator. The manufacturer and type selected will be mutually agreed upon by both Employer and Union. New employees will receive six (6) shirts upon hiring and the remaining six (6) shirts upon successfully completing six (6) months of employment. Employees will be responsible for the loss or unreasonable damage of this uniform at the City’s’ cost of replacement. 11.3 Unless directed as part of City-authorized work, uniforms shall not be worn in any environment from which minors under the age of 21 are prohibited, regardless of whether the City or the employee purchased the uniform. Alcohol shall not be consumed while wearing a City uniform. All employees are expected and required to report to work on a daily basis wearing the uniform provided by the City of Othello. Uniforms should be clean and neat in appearance and shall bear the City logo. 11.4 The uniform shirt is designed to identify the Employee as a City employee. Employees are exempt from the uniform requirement upon emergency call out when identification as a City employee is not necessary. 11.5 Rain gear shall be made available from a central pool for employees, who in the opinion of the supervisor require it. Page 23 of 48 11.6 Boot Allowance / Inclement Weather Clothing: After at least 6 months of employment, and on the January pay cycle, the City shall reimburse six hundred dollars ($600) per year for the purchase of boots inclement weather clothing. Employees shall be allowed to accrue up to one thousand dollars ($1,000) boots / inclement weather clothing allowance Boots worn by employees must meet OSHA and WISHA safety standards. 11.7 The City of Othello will offer a $25 monthly reimbursement for mobile phone service used for city business to employees. Employees may opt out of receiving this stipend if they choose not to participate. ARTICLE 12 - HEALTH AND WELFARE - INSURANCE 12.1 Health and Welfare coverage, to include Medical, Dental, and Vision, shall be provided by the Employer in accordance with the laws of the State of Washington in existence at any given time during the term of this Agreement. This coverage shall include employees and dependents. Employee or dependent benefits shall not be reduced during the life of this Agreement. 12.2 2025 rate $1,626.60. City agrees to pay $1,626.60 for Health Care Premiums. For 2026 the city agrees to pay 100% of any premium increase, and for the life of this agreement, any increase will be borne equally by the employer and the bargaining unit member (50% / 50%). This will be calculated as follows: Increase = (New year monthly combined premium – previous year monthly combined premium). Employer contribution = previous year monthly combined premium + (Increase * .5) Employee contribution = (Increase * .5) 12.3 Notwithstanding any other provision of this Agreement, the Employer retains the right to put medical plans out to bid or negotiate changes in, or with carriers for economic reductions in cost, provided benefit structure is maintained at the level established in this agreement. 12.4 The Employer shall have the exclusive right to change carriers and plans to bring the Employer in compliance with the requirements of State and Federal law. ARTICLE 13 – RETIREMENT 13.1 All eligible employees shall be covered under the Public Employees' Retirement System. ARTICLE 14 - BULLETIN BOARDS 14.1 A union bulletin board shall be provided by the Employer and located in a mutually satisfactory place for postings by the Union of Union notices of meetings, Union elections and results of Union elections. All other Union notices shall be subject to review and approval of the Department Director before posting. ARTICLE 15 - LABOR MANAGEMENT COMMITTEE 15.1 The Employer and the Union, recognizing the advantages of mutual cooperation, hereby agree to establish a joint committee to facilitate labor management relations relative to suggestions and of a general nature affecting the Union and the Employer. The committee shall consist of two (2) duly authorized representatives from the Union and two (2) representatives designated by the Employer. 15.2 This committee will normally meet semi-annually for the purpose of discussing and facilitating the resolution of problems that may arise between the parties. The function of Page 24 of 48  the committee shall be limited to an advisory, rather than a decision-making capacity and shall not consider matters subject to negotiation. ARTICLE 16 - WORK STOPPAGE 16.1 The Employer and the Union agree that the public interest requires the efficient and uninterrupted performance of all Employer services and to this end pledge their best efforts to avoid or eliminate any conduct contrary to this objective. During the term of this Agreement, the Union and/or the employees covered by the Agreement shall not cause or engage in any work stoppages, strike, slowdown or other interference with Employer functions. 16.2 Employees shall not be entitled to any benefits or wages whatsoever while they are engaged in a strike, boycott, slowdown, mass sick call, any form of work stoppage, refusal to perform duties, or other interruption of work. In addition, employees who engage in or encourage such functions shall be subject to discipline and discharge. ARTICLE 17 - ENTIRE AGREEMENT 17.1 The Agreement expressed herein in writing constitutes the entire Agreement between the parties and no oral statement shall add to or supersede any of its provisions. 17.2 The parties acknowledge that each has had the unlimited right and opportunity to make demands and proposals with respect to any matter deemed a proper subject for collective bargaining. The results of the exercise of that right are set forth in this Agreement. Therefore, except as otherwise provided in this Agreement, each voluntarily and unqualifiedly agrees to waive the right to oblige the other party to bargain with respect to any subject or matter not specifically referred to or covered in this Agreement. ARTICLE 18 - SAVINGS CLAUSE 18.1 If an Article of this Agreement or any Addenda thereto should be held invalid by operation of law or by any tribunal of competent jurisdiction, or if compliance with or enforcement of any Article should be restrained by such tribunal, the remainder of this Agreement and Addenda shall not be affected thereby, and the parties shall enter into immediate collective bargaining negotiations for the purpose of arriving at mutually satisfactory replacement of such an Article or Addenda. ARTICLE 19 - GRIEVANCE PROCEDURE 19.1 A grievance means a claim or dispute by an employee with respect to the interpretation or application of the provisions of this Agreement. Nothing in this procedure shall prohibit an employee from discussing a complaint directly with his/her supervisor or Department Head without representation by the Union. Either the Union or the City may process grievances each against the other to allege contract violations and enforce the party’s respective rights. Union or City grievances shall enter the procedure at Step 3 and be subject to all applicable time limits, other provisions, and to mediation/arbitration. Step 1. An employee or a group of employees claiming to have a grievance must present the grievance within ten (10) working days of its alleged occurrence, in writing, to the Union Grievance Committee consisting of one (1) Union Official and one (1) employee of the Othello Public Works and Parks Department. The Union Grievance Committee, upon receiving the written grievance, shall determine if in their opinion a grievance exists. The written statement shall set forth: a. The nature of the grievance; b. A statement of facts upon which the grievance is based; Page 25 of 48  c. The provisions of the Agreement covering the grievance; d. A statement of the relief desired. If in their opinion no grievance exists, no further action is necessary. If in their opinion a grievance does exist, the employee shall present the written grievance to the Public Works Director who shall attempt to resolve it within five (5) working days after it has been presented. Step 2. If the Employee with the concurrence of the Union Grievance Committee is not satisfied with the solution by the Public Works Director, the grievance may be presented to the City Administrator who shall attempt to resolve it within five (5) working days after it has been presented. Step 3. If the Employee with concurrence of the Union Grievance Committee is not satisfied with the solution by the City Administrator, the grievance in writing, together with all pertinent materials may be presented to the Mayor by the Employee. The Mayor shall attempt to resolve the grievance within ten (10) working days after it has been presented. The Mayor's decision shall be final. Management grievances shall be submitted to the Union. Management grievances shall be submitted within ten (10) calendar days of the occurrence prompting the grievance and shall be subject to expedited mediation/arbitration and other provisions in Step 4. Step 4. If the grievance has not been resolved at Step 3, the Union or Management may refer the dispute to expedited mediation/arbitration as provided below. The Union shall notify the City in writing of submission to expedited mediation/arbitration within five (5) working days after receipt of the Mayor's written response at Step 3. 19.2 PANEL OF STANDING MEDIATOR/ARBITERS All facts, relevant information and/or documents must be presented at the above referenced Step 3. Failure to do so by either party shall result in such information being excluded from presentation and/or reference to the arbitrator. The parties agree to timely establish a panel of three (3) standing mediator/arbiter to hear and resolve all contract disputes. If the parties cannot agree on a panel, then a list of eleven (11) names shall be obtained from the Federal Mediation Conciliation Service. The parties shall alternately strike names until three (3) remain. Each person selected shall serve in turn regarding a single grievance dispute. If unavailable, the next listed person will serve. The mediator/arbiters shall thus serve in rotation. Each party may unilaterally remove a mediator/arbiter at any time as long as there is no dispute pending at the time. Mediator/arbiter panel vacancies shall be filled as in the above paragraph. The panel member assigned to a grievance shall meet without delay with the parties and the grievant and attempt to mediate/conciliate the dispute. If an agreement is reached, it shall be reduced to writing, shall be signed by each of the above parties, including the grievant, and shall be final and binding. If after a concerted effort, a single mediation meeting does not produce a settlement, the mediator/arbiter shall immediately convene an informal arbitration hearing. Witnesses, evidence and exhibits shall be kept to a minimum and the rules of evidence shall not apply. The mediator/arbiter shall, on the same date of the hearing, provide a "bench award" as a binding settlement of the grievance. In matters involving complex legal issues and/or termination either party may request a formal written award. In such cases the "bench award" shall be waived. Page 26 of 48  The mediator/arbiter shall not have the power to add to, subtract from, or modify the provisions of this Agreement in arriving at a decision of the issue or issues presented, and shall confine his/her decision solely to the interpretation, application or enforcement of this Agreement. The mediator/arbiter shall confine himself/herself to the precise issue submitted for arbitration and shall have no authority to determine any other issues not so submitted to him/her. The decision of the mediator/arbiter shall be final and binding upon the aggrieved employee, Union and City. The City and the Union shall share equally the fees and expenses of the mediator/arbiter. 19.3 Either party has the right to have a representative represent them at any step of the grievance procedure. 19.4 The following grievance principle shall govern and be controlling in any and all grievances: A. Unless agreed otherwise only one grievance will be heard at a time by an arbitrator. ARTICLE 20 - DURATION OF AGREEMENT 20.1 The terms of this agreement shall be in full force and effect on January 1, 2026, and shall remain in full force and effect through December 31, 2028, during which time no additional provisions will be negotiated except as provided by specific re-opener language or mutual agreement. Signatures on next page. Page 27 of 48 SIGNATURES Signed this ______day of _______________, 2026 The City of Othello, Washington International Union of Operating Engineers Local 280 _______________________________ ______________________________ Mayor Business Manager ______________________________ Business Representative ______________________________ Union Steward Page 28 of 48 APPENDIX “A” WAGE SCHEDULE Effective January 1, 2026, all contractual salary classifications will increase. as follows Position Experience Hourly Rate Maintenance Worker (90% of Journeyman Maintenance Worker Maintenance Worker) PW - Entry 0-12 Months $27.27 PW - Step 1 13-24 Months $28.63 PW - Step 2 25-36 Months $30.07 PW - Step 3 37-48 Months $31.58 PW - Step 4 49+ Months $33.15 Journeyman Maintenance Worker PW - Entry 0-12 Months $30.30 PW - Step 1 13-24 Months $31.82 PW - Step 2 25-36 Months $33.41 PW - Step 3 37-48 Months $35.09 PW - Step 4 49+ Months $36.83 Lead Maintenance Lead Maintenance Worker (15%) over top step Worker Journeyman Maintenance Worker) Lead $42.35 Notes: • The wages above reflect a 7% increase from the wage scale 2025 rates. • A minimum wage increase of 4% or the CPI plus 1, whichever is higher, effective January 01, 2027. • A minimum wage increase of 4% or the CPI plus 1%, whichever is higher, effective January 01, 2028. Page 29 of 48 AGENDA MEMO Attachments: Council Meeting Date: February 3, 2025 1. Proposed Ordinance 2. _________________ Agenda Item: Ordinance adopting RCW 9A.56.330 by 3. _________________ reference Presented by: City Attorney ACTION REQUIRED: Informational Motion Ordinance Resolution Why is it a legislative issue? The City’s Prosecuting Attorney seeks the Othello Municipal Code be amended to incorporate, by reference, RCW 9A.56.330. Explanation of issue: RCW 9A.56.330 makes possession of another person’s identification a crime; it would benefit the health, safety and welfare of the City of Othello to incorporate this crime into the Othello Municipal Code by reference for ease of prosecution. Budget: N/A Staff Recommendation: Adopt the proposed Ordinance, amending the Othello Municipal Code to incorporate RCW 9A.56.330 by reference. Form of Motion: I move to adopt Ordinance No. 1637, adopting a new Othello Municipal Code section 8.04.120, which will adopt RCW 9A.56.330 by reference. Page 30 of 48  ORDINANCE NO. 1637 AN ORDINANCE OF THE CITY OF OTHELLO, WASHINGTON, ADOPTING A NEW OTHELLO MUNICIPAL CODE SECTION 8.04.120, ADOPTING BY REFERENCE RCW 9A.56.330 RELATED TO POSESSION OF ANOTHER’S IDENTIFICATION; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE WHEREAS, the City of Othello is a non-charter optional municipal code city incorporated under the laws of the State of Washington and as such has the power to enact ordinances for the protection of the public health, safety and general welfare; and WHEREAS, the protection of the public is a paramount priority for the City; and WHEREAS, in the interest of public health, safety and welfare, the City Council desires to adopt by reference Revised Code of Washington (RCW) 9A.56.330 (Possession of another's identification) to protect the public and prohibit certain types of possession of another’s identification, and codify said adoption as new Othello Municipal Code (OMC) Section 8.04.111; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF OTHELLO, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Adopting New OMC Section 8.04.120 (Possession of another’s identification). A new Othello Municipal Code Section 8.04.111 (Possession of another's identification) is hereby adopted to read as follows: 8.04.120 Possession of another's identification. Revised Code of Washington (RCW) 9A.56.330 is adopted by reference. Violation of this section shall constitute a gross misdemeanor. Section 2. Corrections. The City Clerk and codifiers of the ordinance are authorized to make necessary corrections to this Ordinance including, but not limited to, the correction of scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. Ordinance No. 1637 1 Page 31 of 48 Section 3. Severability. Should any section, paragraph, sentence, clause or phrase of this Ordinance, or its application to any person or circumstance, be declared unconstitutional or otherwise invalid for any reason, or should any portion of this ordinance be pre- empted by state or federal law or regulation, such decision or pre-emption shall not affect the validity of the remaining portions of this Ordinance or its application to other persons or circumstances. Section 4. Effective date. This Ordinance or a summary thereof consisting of the title, shall be published in the official newspaper of the City, and shall take effect and be in full force five (5) days after its adoption and publication as required by law. ADOPTED BY THE CITY COUNCIL OF THE CITY OF OTHELLO, WASHINGTON, AT A REGULAR MEETING THEREOF, THIS 25th DAY OF August 2025. By: _____________________________ Shawn Logan, Mayor ATTEST: By: ______________________________ Tania Morelos, City Clerk APPROVED AS TO FORM: By: ______________________________ Hillary Evans, City Attorney PASSED the 25th day of August 2025 APPROVED the 25th day of August 2025. PUBLISHED the 3rd day of September 2025 Ordinance No. 1637 2 Page 32 of 48  Attachments: AGENDA MEMO Exhibit B – Fee schedule Council Meeting Date: August 25, 2025_ Agenda Item: Approval of Fee schedule for Architect Services for Fire Department Facility Analysis Presented by: _Mayor Pro-Tem John Lallas/Mike Ganz ACTION REQUIRED: Informational Motion Ordinance Resolution Why is it a legislative issue? The City Council has the authority to adopt resolutions and approve budget actions and Contract for Services Explanation of issue: As the City continues the process of preparing to start up a City Fire Department on May 1, 2026, this evaluation is critical for the City to budget for repairs and alterations that would be needed to be both operational and compliant. To help the City in this process, a decision to contract with TCA Architectural + Planning, Inc was made by the City Council on August 11, 2025 The Attached Exhibit B shows the Fee schedule for the services to be provided. Budget The costs for services for this item will be paid from the Fire Department budget line item adopted by City Council in the 2025 budget. Recommendation: Recommendation by staff to approve the attached Fee schedule for Architect services for the facility analysis of the City’s Fire Station. Form of Motion: Motion to approve Exhibit B Fee schedule for Architect Services with TCA Architectural + Planning, Inc. in the amount of $18,360.00. Page 33 of 48 Exhibit A - Scope of Services City of Othello Fire Department Facility Analysis 8.25.25 PHASE 1 Facility Analysis (see Exhibit B for A/E Fees) Services in this phase include: • Provide project administration (project management, meeting coordination, consultant coordination, client correspondence, meeting minutes). trip 1 • Kickoff meeting and visioning session with City trip 1 • Data collection trip 1 • Facility walkthrough • Base plan development • Code analysis • Baseline Operations and Conditions Facility Assessment report virtual • Operational needs interview • Develop needs framework- near term (start-up) and long term- facility & equipment • Develop gap analysis • Develop conceptual design narratives for critical facility components for start-up • Draft to City Council virtual • Council presentation • Cost estimate development- alternatives virtual • Council presentation (asking for preferred direction) Services include (4) coordination meetings with City of Othello planning consultant Deliverables TCA CoO Operations and Facility assessment Report X Gap Analysis & Start-up Needs X Cost Estimates X Finalized Council Direction X X Potential Additional Due Diligence Needs (if required) Title Report TBD Survey TBD Geotechnical Report/Investigations TBD Phase 1 Environmental Survey TBD Hazardous Building Material Survey TBD PHASE 2 Design Services (A/E Fees TBD depending on extent of project scope) TASK 1 Development of Design (critical for start-up) Services in this phase include: Services to prepare drawings and documents based on facility analysis narratives for approval by the Owner. • Provide project administration (project management, meeting coordination, consultant coordination, client correspondence, meeting minutes). • Obtain engineering fee proposals for start-up critical needs design and construction scope. 1 of 3 Page 34 of 48 Exhibit A - Scope of Services City of Othello Fire Department Facility Analysis 8.25.25 • Work with the Owner to coordinate and finalize on-site investigations (if needed). • From design report alternative selection, develop design drawings • Meeting w/ Planning and Building Department as necessary to confirm code interpretations. • Develop specifications describing general types of construction materials, HVAC systems, and electrical requirements. • Develop furnishings, fixtures, and equipment (FFE) list for incorporation into the construction documents as Owner or Contractor supplied. • Provide updated cost estimate • Present drawings and cost to internal stakeholder group. trip 3? • Community Meeting? • Update project schedule. Potential Additional Due Diligence Needs (if required) Title Report TBD Survey TBD Geotechnical Report/Investigations TBD Phase 1 Environmental Survey TBD Hazardous Building Material Survey TBD TASK 2 Construction Documents Services in this phase include: Services to prepare drawings, specifications and other design development documents to fix and describe the size and character of the entire project, including site and building systems, materials, and elements for construction. • Develop 24 x 36 design drawings including refinement of plans, elevations, sections, wall sections, interior elevations, site plan, in conjunction with the other disciplines as need by scope of work. • Present drawings to stakeholder groups. • Work with the Owner to review Owner Contractor Agreement and General Conditions of the Contract. • Update project schedule. • Finalize construction documents. • Finalize technical specifications. • Submit 95% documents to the Owner for review and comment. • Coordinate construction documents and specifications with project team. • Coordinate project team as necessary to obtain permit approvals. • Project estimate/budget update. • Preparation of Project Manual. • Submit construction documents for building permit. (could be an over the counter permit scope dependent) • Respond as necessary to plan check comments. • Digital copy of final task deliverable for Owner distribution to bidders. Deliverables TCA CoO Permit Set X Bid set X 2 of 3 Page 35 of 48 Exhibit A - Scope of Services City of Othello Fire Department Facility Analysis 8.25.25 TASK 3 Bidding and Negotiation Services in this phase include: Services to assist the City in issuing bid documents. • Work with Owner coordinating the advertisement for bids. (or off MRSC roster) • Coordinate reproduction and delivery of electronic bid documents. • Attend pre-bid conference(s) -as required. • Respond to and clarify bidder questions by addenda. • Evaluate bidder substitution requests. • Evaluate bids and recommend lowest responsive and responsible bidder to the Owner. Deliverables TCA CoO Electronic Did Document Distribution X Review of Bid Results X Optional Administer Public Bid Opening X TASK 4 Construction Administration & Closeout Services in this phase include: Services to administer the construction contract as set forth in the general conditions of the contract for construction. • Participate in pre-construction meeting. • Attendance at bi-monthly site meetings during construction for the purpose of coordination and observing general conformance to the design intent. • Process Supplementary Instructions, Proposal Requests, Change Orders, Change Directives and coordinate issue resolution during the construction phase. • Respond to contractor questions during construction (Requests for Information- RFIs). • Coordinate consultants to address questions during construction. • Review submittals and shop drawings. • Review and certify monthly progress applications for payment. • Provide pre-final inspection and punchlist. • Issue a Certificate of Substantial Completion. • Facilitate Operation and Maintenance Manuals, warranties and guarantees. • Provide Final Inspection 3 of 3 Page 36 of 48 Exhibit B - Scope of Services City of Othello Fire Department Facility Analysis 8.25.2025 Project Size SF 7,000 SF Duration- May 1 2026 Completion- Phase 1 & 2 Scope Per Exhibit A Phase 1 TCA- Planning Work $ 6,240 Engineering and Estimating Coffman Engineering- Mechanical/Plumbing/Fire Protection $ 2,640 Coffman Engineering- Electrical $ 2,400 Coffman Engineering- Structural $ 1,060 Site Visits / In Person Meetings TCA- Planning Work 1 Coffman Engineering- Mechanical 1 Coffman Engineering- Electrical 1 Coffman Engineering- Structural 0 Stakeholder Presentations Community Presentations N/A Board Presentations (2)- virtual 2 Sub Total $ 12,340 Consultant Coordination and Mark-up @ 10% Per WA State Fee Sched $ 610 A/E GRAND TOTAL $ 13,560 Printing/Postage Postage Delivery Copies Reimbursable Allowance Billed at cost plus 10% (if any) $ - Estimating Thomas Consulting Cost Estimating (assumes 30 Billed Hrly NTE $ 4,800 hrs)- time based on phase 1 findings) Based on scope of estimating required Assumptions Assumes future Phase 2 bid off small works roster w/ work under $350,000 As determined by Phase 1 findings and City Phase 2 TBD budgetary priorities 1 of 1 Page 37 of 48 AGENDA MEMO Attachments: Council Meeting Date: August 25, 2025 1. OMC sections Agenda Item: Consideration of Bee-Keeping Ordinance 2. John Pierre 7-28-25 letter Presented by: Anne Henning, Community Development Director ACTION REQUIRED: Informational Motion Ordinance Resolution Why is it a legislative issue? Amendments to the Municipal Code are adopted by City Council. Explanation of issue: At the July 28 Council meeting, local resident John Pierre presented information to the Council about beekeeping and requested fewer restrictions, which would allow more residents to potentially keep bee hives. Keeping of bees is currently prohibited by the Nuisance ordinance OMC 5.40.030(r), Chapter 6.14 Venomous and Wild Animals, and Zoning General Provisions 17.56.120 (except allowed in the S- 1 Zone). Mr. Pierre pointed out that many other cities allow limited beekeeping. Does the Council want staff to research this issue? Budget: Neutral. Action: Direction to staff on whether to amend the OMC sections prohibiting beekeeping and/or draft an ordinance about keeping bees. Page 38 of 48  Othello Municipal Code Page 1/1 5.40.030 Nuisance defined. Each of the following conditions, unless otherwise permitted by law, is declared to constitute a public nuisance, and whenever the code enforcement officer determines that any of these conditions exist upon any premises or in any stream, drainage way or wetlands, the officer may require or provide for the abatement thereof pursuant to this chapter. --- (r) The keeping or permitting the existence of any bees or other insects, reptiles, rodents, fowl, or any other animals, domestic or wild, in any manner contrary to law, or which affect the safety of the public. --- 17.56.120 Use of premises for the keeping of livestock. The keeping or raising of sheep, goats, horses, cattle, fowl, rabbits, birds, bees, reptiles or any other animal, except domestic household pets, or except when kept in a bona fide veterinary clinic, or except as provided in the S-1 suburban zone is prohibited within the city limits of Othello; provided, however, that homing pigeons, also known as racing pigeons, are exempt from the provisions of this section, provided such pigeons each have a registered band, are kept and maintained so as not to constitute a public nuisance, and that no more than twenty-four birds are kept on the premises at any time. (Ord. 948 § 2 (part), 1995). Chapter 6.14 VENOMOUS AND WILD ANIMALS 6.14.010 Prohibited animals. Possession of any creature that is venomous/poisonous, wild, or a snake over six feet is prohibited. (Ord. 1447 § 1 (part), 2015). 6.14.020 Definitions. “Venomous/poisonous creatures” includes insects, spiders, bees, snakes, frogs and lizards that are venomous or poisonous. “Wild animals” includes, but is not limited to, lions, tigers, bears, monkeys, chimpanzees, gorillas, cougars, badgers, wolves, coyotes, fox, lynx, bobcats, alligators, caiman, crocodiles. (Ord. 1447 § 1 (part), 2015). 6.14.030 Exemptions. (a) Circuses, zoos, licensed trappers, and animal welfare organizations are exempt from this regulation when proper safeguards are taken as required in the event permitting process to protect the public, and the animal control authority is notified of their arrival and duration of stay in the city. (b) State-registered wildlife rehabilitation centers are exempt from this section with regard to care and rehabilitation of those wild animals that are indigenous to North America. (c) Domestic honey bees when used for agricultural purposes. (Ord. 1447 § 1 (part), 2015). 6.14.040 Violations—Penalties. Any person or persons violating any provisions of this chapter shall be deemed to have committed a civil infraction and shall be subject to a C-11 penalty. If any violation is continuing, each day’s violation shall be deemed as a separate violation. (Ord. 1447 § 1 (part), 2015). The Othello Municipal Code is current through Ordinance 1634, passed June 23, 2025. Page 39 of 48 Cities with beekeeping ordinances Seattle: Requires movable frames, adequate space, requeening, and registration with the Director of Agriculture. Hives must be twenty-five feet from property lines unless conditions are met. Redmond: Limits hives per lot based on zone and requires movable-frame hives, requeening, and registration with the Washington State Department of Agriculture . Lake Forest Park: Permits beekeeping on lots of at least 10,000 square feet with a maximum number of hives based on size. Requires movable-frame hives and annual registration. Newcastle: Limits beehives on sites under five acres and requires movable-frame hives, adequate space, requeening, and annual registration. Issaquah: Requires hives to be at least twenty-five feet from property lines or behind a six-foot fence, and mandates a water source and hive management. Airway Heights: Limits hives based on lot area and requires movable-frame hives and preventing swarming and aggression. Snohomish: Requires registration, limits hives per lot, and specifies hive placement requirements. Beekeeping is not permitted for commercial purposes. Arlington: Limits hives based on lot size and requires moveable frame hives and state registration. Enumclaw: Limits hives per lot based on size and requires movable-frame hives. A swarm can be held temporarily. Puyallup: Designated as a "Bee City," indicating support for pollinator habitats and potentially beekeeping. Concrete: Requires registration with the Washington State Department of Agriculture and compliance with RCW 15.60. Roslyn: Permits beekeeping with a permit as an accessory use and limits hives based on property size. Requires annual registration and a site plan. Spokane: Allows beekeeping as an accessory use in certain residential zones and requires movable-frame hives with adequate space and re-queening if aggressive. Kirkland: Requires compliance with regulations including maximum hives based on lot size, movable frames, swarm prevention, requeening, and registration. Page 40 of 48 Page 41 of 48 Page 42 of 48 Page 43 of 48 Page 44 of 48 Page 45 of 48 Page 46 of 48 Page 47 of 48 Page 48 of 48