HomeMy WebLinkAbout2022.06.13 Council Workshop PacketAGENDA
City Council Workshop Meeting
7:00 PM - Monday, June 13, 2022
City Council Chambers & GoToWebinar
Page
1.MEETING INSTRUCTIONS for REMOTE ACCESS - The Pasco City
Council Workshops are broadcast live on PSC-TV Channel 191 on
Charter/Spectrum Cable in Pasco and Richland and streamed at
www.pasco-wa.gov/psctvlive and on the City’s Facebook page at
www.facebook.com/cityofPasco.
To listen to the meeting via phone, call (631) 992-3211 and use access code
613-585-088.
2.CALL TO ORDER
3.ROLL CALL
(a)Pledge of Allegiance
4.VERBAL REPORTS FROM COUNCILMEMBERS
5.ITEMS FOR DISCUSSION
3 - 15 (a)Ordinance - Amendments to Pasco Municipal Code Chapter
13.80 Stormwater
16 - 25 (b)Latecomer Agreements Discussion
26 - 36 (c)AskPasco App Presentation
Jon Funfar, Communications Program Manager, will provide an
update on the "AskPasco" app.
6.MISCELLANEOUS COUNCIL DISCUSSION
7.EXECUTIVE SESSION
8.ADJOURNMENT
Page 1 of 38
9.ADDITIONAL NOTES
37 - 38 (a)Adopted 2020-2021 Council Goals (Reference Only)
(b)REMINDERS
Monday, June 13, 11:45 AM: Pasco Chamber of Commerce
Membership Lunch Meeting – Pasco Red Lion Hotel
Wednesday, June 15, 5:30 PM: Benton, Franklin & Walla
Walla Counties Good Roads & Transportation Association
Meeting – Clover Island Inn, Kennewick
(COUNCILMEMBER JOSEPH CAMPOS, Rep.;
COUNCILMEMBER PETE SERRANO, Alt.)
Thursday, June 16, 12:30 PM: Greater Columbia
Accountable Community Health Leadership Council &
Board Meeting – Tri-Cities Community Health Board
Room, 800 W. Court St. (COUNCILMEMBER ZAHRA
ROACH, Rep.
Thursday, June 16 4:00 PM: Downtown Pasco
Development Authority – DPDA (MAYOR PRO TEM CRAIG
MALONEY)
Friday, June 17, 10:00 AM: Benton-Franklin Council of
Governments Board Meeting – Ben-Franklin Transit, 1000
Columbia Park Trail, Richland (COUNCILMEMBER
JOSEPH CAMPOS)
Monday, June 20, 6:00 PM: LEOFF Disability Board – City
Hall Conference Room 1, Pasco City Hall (MAYOR
BLANCH BARAJAS, Rep.; MAYOR PRO TEM CRAIG
MALONEY, Alt.)
This meeting is broadcast live on PSC-TV Channel 191 on
Charter/Spectrum Cable in Pasco and Richland and streamed at
www.pasco-wa.gov/psctvlive.
Audio equipment available for the hearing impaired; contact the
Clerk for assistance.
Servicio de intérprete puede estar disponible con aviso. Por
favor avisa la Secretaria Municipal dos días antes para
garantizar la disponibilidad. (Spanish language interpreter
service may be provided upon request. Please provide two
business day's notice to the City Clerk to ensure availability.)
Page 2 of 38
AGENDA REPORT
FOR: City Council June 8, 2022
TO: Dave Zabell, City Manager City Council Workshop
Meeting: 6/13/22
FROM: Steve Worley, Director
Public Works
SUBJECT: Ordinance - Amendments to Pasco Municipal Code Chapter 13.80
Stormwater
I. REFERENCE(S):
Ordinance
PowerPoint Presentation
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
Discussion
III. FISCAL IMPACT:
None
IV. HISTORY AND FACTS BRIEF:
The State of Washington Department of Ecology develops and administers the
Clean Water Act National Pollutant Discharge Elimination System (NPDES)
municipal stormwater permits in Washington.
The purpose of the permit is to promote best management practices related to
stormwater runoff to protect state waters (groundwater and open bodies of water,
such as the Columbia River). The permit provides for infrastructure maintenance,
design criteria for private and public development, outreach, educa tion, etc.
On July 1, 2019, the Department of Ecology issued the updated Eastern
Washington Phase II permit to the City of Pasco. This permit became effective
on August 1, 2019.
Per Special Condition S5.B.3.b in the Eastern Washington Phase II Municipa l
Stormwater Permit, the City of Pasco is required to implement or update said
Page 3 of 38
ordinance to effectively prohibit non-stormwater, illicit discharges, and describe
allowable discharges and conditionally allowable discharges.
These updates must be completed by February 2, 2023.
V. DISCUSSION:
All discharges are classified as: allowable discharges, conditionally allowable
discharge and illicit discharges (any discharge not identified in the first two
categories).
The Pasco Municipal Code (PMC) currently identifies three categories: Section
13.80.120 Authorized Discharges, Section 13.80.130 Permitted Discharges and
13.80.110 Prohibited discharges. The first two categories are being proposed for
amendment in order to comply with the permit language and intent.
The main proposed changes are:
• Section 13.80.120, Rename to “Conditionally Allowable Discharges”
• Section 13.80.120, add pool, spa, and hot tub protocol to discharges.
• Section 13.80.130, Rename to “Allowable Discharges”
• Section 13.80.130, now includes a list of 13 categories that are classified
as allowable discharges.
Along with the proposed changes, Public Works Environmental Compliance staff
have developed media outreach content and strategy, to educate the public on
stormwater illicit discharges, allowable discharges, and conditionally allowable
discharges.
Allowable discharges are discharges that are allowed to enter the stormwater
systems. These discharges are currently thought to not pose a risk to the water
quality. Pumped groundwater or foundation drains are two such examples.
Conditionally allowable discharges are such that are allowed only if certain
conditions are met. As long as the parameters defined in the code are being
followed these discharges should not cause any detrimental impact to the water
quality. Examples of this are dechlorinated and flow control pool water discharge.
At this time, City staff is not proposing a permit be issued for approval of these
discharges. Compliance monitoring will be implemented in the immediate term.
Finally, illicit discharges are those discharges that are not allowed in any
stormwater facility and if identified, would be reported, cited, and even fined as
these discharges jeopardize water quality. Illicit discharges are all discharges
other than the ones identified in the categories above, examples being paint,
oils, pesticides/herbicides. Yet other less obvious discharges are still illicit, such
as water with detergent from washing cars or sidewalks.
Page 4 of 38
For compliance with the Municipal Stormwater Phase II NPDES Permit, based
on Federal and State regulations, we recommend the amendment of the PMC
Sections 13.80.120. & 13.80.130.
The intent of this briefing is to publicize the changes in advance of the ordinance
being adopted. Educational outreach about the program would be contin ued
throughout the year.
Page 5 of 38
Ordinance Amending PMC 13.80.120 & 13.80.130 - 1
ORDINANCE NO. __________
AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON,
AMENDING THE PASCO MUNICIPAL CODE SECTION 13.80.120
“AUTHORIZED DISCHARGES” AND AMENDING SECTION 13.80.130
“PERMITTED DISCHARGES.”
WHEREAS, the Federal Clean Water Act, 33 U.S.C. §1251 et seq., regulates discharges
into navigable waters through the National Pollution Discharge Elimination System (NPDES); and
WHEREAS, the US Environmental Protection Agency has delegated authority to run the
NPDES to the Washington State Department of Ecology (Ecology); and
WHEREAS, Ecology requires all municipalities operating a municipal separate storm
sewer system to obtain a Phase II Stormwater permit; and
WHEREAS, the Phase II NPDES permits include requirements for inventorying
stormwater facilities; inspecting and maintaining facilities; reducing pollutants at their sources;
public education; reporting NPDES permit compliance; and applying protective design standards
to new development of impervious surfaces; and
WHEREAS, NPDES compliance is an iterative process involving periodic review by
Ecology to ensure compliance; and
WHEREAS, changes have been proposed as a result of Ecology’s Annual Report Review
to the City’s Stormwater Comprehensive Plan & the Stormwater Management Program; and
WHEREAS, the City is required to comply with the Phase II NPDES rules as applicable
to Eastern Washington by the Ecology’s Stormwater Management Program for Eastern
Washington; and
WHEREAS, the City is proposing changes to comply with both the Federal Clean Water
Act and Washington State Waste Discharge Act, RCW 90.48, et seq., and to provide notices to the
citizens of the City of Pasco of the application of the construction and maintenance standards
required by such guidelines, a code amendment is necessary to be in compliance.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. That Section 13.80.120 entitled “Authorized Discharges” of the Pasco
Municipal Code shall be and hereby is amended and shall read as follows:
80.120 Authorized Conditionally Allowable Discharges.
Page 6 of 38
Ordinance Amending PMC 13.80.120 & 13.80.130 - 2
Discharges to the public stormwater system from the following sources shall be
authorized conditionally allowed, provided each discharge is volumetrically and
velocity controlled to prevent resuspension of sediments in the stormwater system
and complies with the respective conditions attached thereto:
1) Discharges from water pipe sources, including water line flushing, fire
hydrant system flushing, pipe breaks and pipeline hydrostatic test water.
Planned discharges shall be controlled to prevent contaminants from
entering the stormwater system and discharging to the Columbia River.
Chlorine levels shall be reduced to 0.1 ppm or less and pH adjusted.
2) Discharges from lawn irrigation or dust control water, provided the
sprinkler pattern is fixed within the boundaries of the irrigated property.
Such discharges shall be minimized through public education activities and
water conservation efforts.
3) Water used to wash down streets, sidewalks, and buildings, provided the
wash water is low in suspended solids and any does not use detergents used
is biodegradable.
4) At active construction sites, with curb and gutter, an approved screening
protection system shall be installed in catch basins and street sweeping must
be performed prior to washing the street, other conditionally allowable
discharges need to comply with a pollution prevention plan. Damage to
street ditches or grass swales shall not be allowed. Construction sites
disturbing one acre or more and construction projects of less than one acre
that are part of a larger common plan of development or sale are subject to
the construction stormwater pollution prevention requirements set forth in
Chapter 7 of the SWMMEW. The developer of subdivisions or site plans
with constructed curbs and gutters shall be responsible for the protection
and maintenance of the stormwater system for five years or until all the
subdivision or site plan lots are developed with permanent improvements,
whichever comes first. The protection measures and maintenance program
shall be approved by the City Engineer in the form of a written agreement
with the developer.
5) Dechlorinated swimming pool, spa, and hot tub discharges. The discharges
shall be dechlorinated to a total residual chlorine concentration of 0.1 ppm
or less, pH-adjusted and reoxygenated if necessary, and volumetrically and
velocity controlled to prevent resuspension of sediments in the MS4.
Discharges shall be thermally controlled to prevent an increase in
temperature of the receiving water. Swimming pool cleaning wastewater
and filter backwash shall not be discharged to the Municipal Separate Storm
Sewer System (MS4).
Page 7 of 38
Ordinance Amending PMC 13.80.120 & 13.80.130 - 3
Section 2. That Section 13.80.130 entitled “Permit Discharges” of the Pasco Municipal
Code shall be and hereby is amended and shall read as follows:
13.80.130 Permitted Allowable Discharges.
Discharges, other than nonstormwater discharges as permitted by this chapter, shall
require prior approval through a special discharge permit issued by the City
Engineer or the state, conditioned upon compliance with the requirements adopted
by the City, regulations of the State of Washington, and such other conditions as
may be reasonably necessary for the protection of the system, environment, and the
health and welfare of the general public. The following categories of non-
stormwater discharges, shall not require conditionally allowable discharge
approval.
1) Diverted stream flows.
2) Rising groundwaters.
3) Uncontaminated groundwater infiltration (as defined at 40 CFR.
35.2005(b)(20)).
4) Uncontaminated pumped groundwater.
5) Foundation drains.
6) Air conditioning condensation.
7) Irrigation water from agricultural sources that is commingled with urban
stormwater.
8) Springs.
9) Uncontaminated water from crawl space pumps.
10) Footing drains.
11) Flows from riparian habitats and wetlands.
12) Discharges from emergency firefighting activities.
13) Non-stormwater discharges authorized by another NPDES permit or state
waste discharge permit.
Section 3. This Ordinance shall take full force and effect five (5) days after approval,
passage and publication as required by law.
Page 8 of 38
Ordinance Amending PMC 13.80.120 & 13.80.130 - 4
PASSED by the City Council of the City of Pasco, Washington, this ___ day of
_________, 2022.
______________________________
Blanche Barajas
Mayor
ATTEST: APPROVED AS TO FORM:
_______________________________ _____________________________
Debra Barham, CMC Kerr Ferguson Law, PLLC
City Clerk City Attorneys
Published: ______________________
Page 9 of 38
Pasco City Council WorkshopMeeting June 13, 2022Page 10 of 38
Need for Ordinance ChangesThe State of Washington Department of Ecology (DOE)Clean Water ActNational Pollutant Discharge Elimination System (NPDES)Municipal Stormwater PermitsPhase II Permit UpdatesProhibit non-stormwater, illicit discharges; Further describe permissible dischargesPage 11 of 38
Ordinance Changes“Authorized” to “Conditionally Allowable” Discharges (13.80.120)•Creates or increases conditions for certain discharges•Requires pollution prevention plan for construction•Adds conditions for discharging pools, spas, and hot tubs“Permitted” to “Allowable” Discharges (13.80.130)•New phrasing removes permit requirement•Allows for DOE approved discharges•Springs, footing drains, emergency firefighting discharges, etc.Page 12 of 38
Educating the PublicMaterials•Updated pamphlet•Digital format infographicOutlets•City’s Facebook page•City website•Customer Service window•Community eventsPage 13 of 38
Actions Suggested•Amend the City of Pasco Municipal Code (PMC) Chapter 13.80.120 and 13.60.130.•Comply with DOE Phase II Stormwater PermitPage 14 of 38
Questions?Page 15 of 38
AGENDA REPORT
FOR:City Council June 7, 2022
TO:Dave Zabell, City Manager City Council Workshop
Meeting: 6/13/22
FROM:Eric Ferguson, City Attorney
Executive
SUBJECT:Latecomer Agreements Discussion
I.REFERENCE(S):
Draft Resolution
Draft Agreement
II.ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
Discussion
III.FISCAL IMPACT:
N/A
IV.HISTORY AND FACTS BRIEF:
The Pasco Municipal Code (PMC) Chapter 14.25 provides an opportunity for
developers who install certain improvements to be able to be reimbursed by
other benefitting property owners who later develop. PMC Chapter 14.25
provides the steps necessary for developers to enter into an agreement with
the City to collect these reimbursements on their behalf. The City is required by
statute utility for behalf developer’s the assessment the collect to on
improvements but may enter into an agreement to collect the assessment on
the developer’s behalf for street improvements. Once application has been
properly made to the City and all procedures to develop the assessment area
have City been followed, the is required/may enter into a developer
reimbursement (“latecomer”) agreement with the developer to begin collecting
these assessments.
V.DISCUSSION:
Over the past few years, multiple developers have applied to enter into
Page 16 of 38
latecomer agreements for improvements related to their developments. While
the process can take an extended period of time to go from initial application,
preliminary determination of the assessment reimbursement area, construction
of the facility, dedication of the facility to the City, and ultimately enter into a
latecomer agreement with the City, these processes have been further delayed
by a combination of exponential development activity that has strained City
resources, as well as constraints from the effects of COVID-19. As such, there
is a significant backlog of agreements that need to be approved by Council and
recorded with Franklin County on behalf of the developers.
There are a broad range of agreements that need to be entered into by the City
and the developers, from very small scale projects to projects where the City
has participated in the project as a developer. But all the agreements and
procedures are in substantially the same form with very little deviation from the
terms contained in the agreements (i.e. only the referenced projects and dollar
amounts differ). As such, a draft resolution with a draft agreement is provided
for reference.
Page 17 of 38
Resolution – Development Reimbursement Agreement- 1
RESOLUTION NO. [ ]
A RESOLUTION OF THE CITY OF PASCO, WASHINGTON,
AUTHORIZING AN [STREET/UTILITIES] LATECOMER AGREEMENT
WITH [DEVELOPER NAME] FOR THE CONSTRUCTION OF
[STREET/UTILITY] IMPROVEMENTS WITHIN THE REIMBURSEMENT
AREA.
WHEREAS, Section 14.25 of the Pasco Municipal Code (PMC) provides a statutory
framework for developers to enter latecomer reimbursement agreements when the developer, as a
condition of development, pays the costs of necessary infrastructure improvements; and
WHEREAS, section 14.25.030(4) requires the Public Works Director, within 28 days of
receipt of an latecomer’s application to provide notice to the developer whether the application is
complete or needs to be supplemented or amended within 30 days of such notice unless extended
within the Public Works Director discretion; and
WHEREAS, the City shall provide notice of its intent to participate in any latecomer
agreement to the public; and
WHEREAS, the City shall also provide notice of its preliminary assessment
reimbursement area (those to repay the latecomer debt) to provide the property owners within the
preliminary assessment area the opportunity to request the matter be submitted to a public hearing,
within 20 days of date of mailing of the notice, before Council action; and
WHEREAS, the City Council has determined that the above procedural requirements of
14.25 have been met; and
[WHEREAS, street improvements include arterial street system improvements which, as
a result of City code requirements, are a prerequisite to further development and are hereby deemed
to be prerequisites to further development pursuant to RCW 35.72.010; and
WHEREAS, street improvement latecomer agreements requested by developers may be
entered into by the City of Pasco pursuant to PMC 14.25.030 where the developer has submitted
a complete application for a street latecomer agreement; and
WHEREAS, street improvement latecomer agreements shall meet the criteria established
in subsection PMC 14.25.030(2)(b); and
WHEREAS, [Developer, name] has submitted a complete and accurate application for a
street latecomer agreement and the agreement as proposed will meet the defined criteria in
14.25.030(2)(b); and]
Page 18 of 38
Resolution – Development Reimbursement Agreement- 2
[WHEREAS, utility system improvements include infrastructure projects related to City
water, sewer and storm sewer which are required to be constructed as a prerequisite of continued
development; and.
WHEREAS, utility system latecomer agreements requested by developers shall be entered
into by the City of Pasco pursuant to PMC 14.25.030(3) when the developer has submitted a
complete application for a utility latecomer agreement; and
WHEREAS, utility latecomer agreements shall meet the development criteria as detailed
in PMC 14.25.030(3)(b); and
WHEREAS, [Developer, name] has submitted a complete and accurate application for a
utility latecomer agreement and the agreement as proposed will meet the defined criteria in
14.25.030(3)(b).]
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PASCO, WASHINGTON:
Section 1. That the City Manager is authorized to execute the [street/utility] latecomer
agreement, a copy of which is attached hereto and incorporated herein by reference as Exhibit A.
Section 2. That this Resolution shall take effect immediately.
Adopted by the City Council of the City of Pasco, Washington this ___ day of [
], 2022.
Blanche Barajas
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ___________________________
Debra Barham, CMC Kerr Ferguson Law, PLLC
City Clerk City Attorneys
Page 19 of 38
Developer Reimbursement Agreement - 1
FILED FOR RECORD AT REQUEST OF:
City of Pasco, Washington
WHEN RECORDED RETURN TO:
City of Pasco, Washington
525 North 3rd Avenue
Pasco, WA 99301
Tax Parcel No.
Abbreviated Legal Description:
CITY OF PASCO
DEVELOPER REIMBURSEMENT AGREEMENT
THIS AGREEMENT, made and entered into this day of___________,
20__, by and between the City of Pasco, a Municipal Corporation of the State of
Washington, hereinafter referred to as “City”, and ________________, their successors
and assigns, hereinafter referred to as “Developer”; and
WHEREAS, RCW Chapter 35.91 and PMC 14.25 authorize contracts between a
municipality and the owners of real estate within the municipality’s corporate limits or
within ten (10) miles of the municipality’s corporate limits, who construct utility facilities
to serve their own properties and other properties, whereby such owners and
municipalities may be reimbursed by the owners of other real property who did not
contribute to the original cost of the construction of the facilities, but who later desire to
connect their properties to said facilities.
NOW, THEREFORE, the parties hereby mutually agree as follows:
1. Developer and City have constructed the following described extension of
City’s facilities:
A. The improvements have been constructed in accordance with plans
and specifications approved by City prior to construction and Developer has
supplied City with reproducible as-built drawings regarding the facilities.
Page 20 of 38
Developer Reimbursement Agreement - 2
2. In addition to serving properties owned by Developer at the outset of
construction, the facilities constructed will also serve the following described parcels of
real property, and any subdivisions of such parcels, that did not contribute to the cost of
the facilities construction, hereinafter referred to in aggregate as the "Assessment Area",
which is determined at the sole discretion of the City, and which are identified and legally
described in Exhibit A, attached hereto and incorporated herein by this reference:
Franklin County Parcel Numbers:
3. As the facilities were certified as acceptable to City by the Public Works
Director, or his designee Developer conveyed such facilities to City for the consideration
and benefits of City. City will thereafter own and operate said facilities as part of City
water system subject to all of the laws and regulations, fees and assessments of City.
4. City and Developer agree that Developer’s contributions to the total
project costs is valued at $__________, which includes costs for the design, construction
engineering, inspection, construction, administrative, legal and other costs attributable to
the project.
5. City and Developer agree that the City’s contributions to the total project
costs is or will be valued at $___________, which includes costs for the design,
construction engineering, inspection, construction, administrative, legal and other costs
attributable to the project.
6. City and Developer agree that the Total Assessment that is attributed to the
Assessment Area is $____________. This is the total of all costs related to the project
($___________), less the contribution made by the City ($___________) for oversizing
for future growth and capacity that is not attributable to the Assessment Area, less the
amount of those costs that are attributed to properties owned or controlled by Developer
as of the date of execution of the _______ System Extension Agreement regarding the
same facility as described in Section 1 herein (Developer’s Benefit). Developer’s Benefit
for this project equal $__________. City and Developer agree that Developer is entitled
to a potential total reimbursement, less any collection charges deducted by the City, of a
maximum of $____________. This amount is equal to Developer’s total contribution to
the total project costs ($___________), less Developer’s Benefit ($__________).
7. The facilities subject to this Agreement are included within the City's
comprehensive utility plan, and no additional comprehensive plan approval for the utility
system improvements was required.
8. Execution of this Agreement is conditioned upon:
A. Inspection and approval of the utility system improvements by the
City;
Page 21 of 38
Developer Reimbursement Agreement - 3
B. Conveyance by Developer and acceptance by the City of the utility
system improvements described in Section 1 of this Agreement;
C. Full compliance with the Developer’s obligations under this
Agreement and with the City’s rules and regulations with respect to
the project described in Section 1;
D. Payment by Developer to the City of the City’s fee for processing
of this application, which includes legal, administrative, and recording costs, in
the amount of $_________, which includes the legal fees associated with this
Agreement in the amount of $________, $________ for the mailing and recording
costs for this Agreement, and 100% (the percentage share of Total Assessment
collectible by Developer) of the costs attributed to mailing and recording of
assessment Notices to parcels within the Assessment Area (100% of $_____ in
Notice and accompanying documents mailing and recording fees = $______);
F. City verification and approval of all contracts and costs related to
the utility system improvements; and
G. Within one hundred and twenty (120) days of the completion of
the utility system improvements, Developer must submit the total actual cost of
the utility system improvements to the City.
9. For a period of twenty (20) years from the effective date of this
Agreement, any person, firm or corporation now or hereafter owning benefitted
properties described below, or segregated parcels thereof, desiring to connect to the
described facilities, shall first pay their pro-rata share of the total cost of the facilities
(“Total Assessment”). For this project, the Total Assessment is $_________, as stated in
Paragraph 6. The individual Assessment associated with each parcel of benefited
property described in this Agreement, shall be charged to the property owner as follows:
Parcel number __________: $________
Parcel number __________: $________
10. No person, firm or corporation shall be granted a permit or be authorized
by City to tap into or use the referenced facilities during the period of time prescribed in
Paragraph 9 above without first paying to City, in addition to any and all other costs,
assessments and charges made and assessed for such tap or use, the amount required by
the provisions of this contract.
11. The City shall deduct from all assessment reimbursement payments it
collects, an amount (collection charge) as designated in Pasco Municipal Code (“PMC”)
3.35.180 to cover its administrative collection costs. After deduction of the collection
charge, each reimbursement assessment payment will be disbursed to the Developer
according to the terms of this Agreement. Any amounts so collected during the time
Page 22 of 38
Developer Reimbursement Agreement - 4
period in Paragraph 9 above by City and due to Developer, shall be remitted to Developer
or assigns within sixty (60) days of the receipt thereof, in accordance with this
Agreement.
12. Developer agrees to indemnify, defend and hold the City harmless from
any action, claim or proceeding brought or maintained by any property owner
challenging the validity or enforceability of this Agreement. In turn, the City agrees to
cooperate with the Developer in the course of any such claim, proceeding or action to
provide reasonable and lawful access to City records and witnesses.
13. Any funds collected by City and payable to Developer in accordance with
the terms of this contract shall be remitted to Developer at the following address:
Address:
E-Mail:
14. In accordance with Pasco Municipal Code Section 14.25.60(2), Developer
shall provide to the City in writing every two (2) years from the date this Agreement was
executed, information regarding the current contact name, address, and telephone number
of the person, company or partnership that originally entered into the Agreement. If the
Developer fails to comply with the notification requirements within sixty (60) days of the
specified time, then City may collect any reimbursement funds owed to the Developer
under this Agreement, and such funds shall be deposited into the capital expenditure
account of the City’s utility fund.
15. If prior to the expiration of one (1) year after the date of conveyance of the
facilities by Developer to City, any work is found to be defective, Developer shall
promptly and without cost to City, either correct such defective work or, if it has been
rejected by City, remove and replace it with non-defective work. If Developer does not
promptly comply with the terms of such instructions, City may have the defective work
corrected or the rejected work removed and replaced and all direct and indirect costs of
such removal and replacement, including compensation for professional services, shall be
withheld from the reimbursement assessment payments that are due to Developer.
16. Developer agrees that once the City has collected all amounts under this
Agreement, up to a maximum of $__________ as specified in Paragraph 6 of this
Agreement and remitted such amount (less any collection charges) to Developer, that
City shall remit to Developer no further payments under this contract.
17. Developer hereunder is an independent contractor and is not an agent or
employee of City.
18. In the event of a dispute between the parties regarding the interpretation,
breach or enforcement of this Agreement, the parties shall first meet in a good faith effort
Page 23 of 38
Developer Reimbursement Agreement - 5
to resolve the dispute by themselves or with the assistance of a mediator. The remaining
dispute shall be resolved by arbitration pursuant to RCW 7.04A, as amended, the
Mandatory Rules of Arbitration (MAR), with all parties waiving the right of a jury trial
upon de novo review, with the substantially prevailing party being awarded its reasonable
attorney fees and costs against the other.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the
day and year first above written.
CITY OF PASCO: DEVELOPER:
By: ________________________ By: ___________________________
Dave Zabell, City Manager
ATTEST:
____________________________
Debra Barham, CMC
City Clerk
APPROVED AS TO FORM:
________________________________
Kerr Ferguson Law, PLLC
City Attorney
Page 24 of 38
Developer Reimbursement Agreement - 6
STATE OF WASHINGTON )
: ss
COUNTY OF FRANKLIN )
On this day personally appeared before me DAVE ZABELL, City Manager of the
City of Pasco, Washington, described in and who executed the within and foregoing
instrument, and acknowledged that he signed the same as his free and voluntary act and
deed for the uses and purposes therein mentioned.
GIVEN under my hand and official seal this ___ day of ______________, 20__.
________________________________________
Notary Public in and for the State of Washington
Print Name: _____________________________
Residing at _______________________________
My Commission Expires: ___________________
STATE OF WASHINGTON )
: ss
COUNTY OF FRANKLIN )
On this day personally appeared before me __________________, _________,
described in and who executed the within and foregoing instrument, and acknowledged
that he signed the same as his free and voluntary act and deed for the uses and purposes
therein mentioned.
GIVEN under my hand and official seal this ___ day of _____________, 20__.
____________________________________________
NOTARY PUBLIC in and for the State of Washington
Print Name: _________________________________
Residing at: __________________________________
My Commission Expires: _______________________
Page 25 of 38
AGENDA REPORT
FOR:City Council May 18, 2022
TO:Dave Zabell, City Manager City Council Workshop
Meeting: 6/13/22
FROM:Jon Funfar, Communications Program
Manager
Executive
SUBJECT:AskPasco App Presentation
I.REFERENCE(S):
PowerPoint Presentation
II.ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
Jon Funfar, Communications Program Manager, will provide an update on the
"AskPasco" app.
III.FISCAL IMPACT:
None
IV.HISTORY AND FACTS BRIEF:
research City the selection, and of In several after 2021, early months
implemented a service request app/tool called “AskPasco” to enable residents
to report on various items such as, code violations, graffiti, traffic concerns,
street/road issues, and many other items. This app also links users to the City’s
job application portal, utility billing site, news page, and Parks and Recreation
information.
The attached PowerPoint gives a short history and current statistics of the
AskPasco app, and staff will present this information at the Workshop.
V.DISCUSSION:
Page 26 of 38
Pasco City Council Meeting
May 23, 2022Page 27 of 38
AskPasco
Page 28 of 38
AskPasco
•Resident Engagement Tool
•Service Requests
•Employment Opportunities (link)
•Utility Payments (link)
•Parks and Recreation (link)
•City News (link)Page 29 of 38
AskPasco
•Deployed in January 2021
•Extensive Research
•Several different vendors
considered
•CitySourced/Rock Solid chosen
•Support for custom language
translation vs. machine onlyPage 30 of 38
AskPasco -Marketing
•Website
•Pulse
•Radio Pulse
•Video Pulse
•Social Media
•Press Release(s)
•Utility Bills
•Direct MailPage 31 of 38
AskPasco
www.pasco-wa.gov/askpascoPage 32 of 38
AskPasco
Total Downloads through April 15, 2022Page 33 of 38
AskPasco
Total Reports Opened/Closed 2/1/21 –5/1/22Page 34 of 38
AskPasco
Total Report Types & Status 2/1/21 –5/1/22Page 35 of 38
AskPasco
•Next Steps
•Continue to keep response times as low as
possible
•Continuous marketing
•Additional training for new
employees/refresher
•Additional/modified workflows where
neededPage 36 of 38
QUALITY OF LIFE
Promote a high-quality of life through quality programs, services and appropriate investment and re-
investment in community infrastructure including, but not limited to:
• Completion of Transportation System Master Plan and design standard updates to promote greater
neighborhood cohesion in new and re-developed neighborhoods through design elements, e.g.;
connectivity, walkability, aesthetics, sustainability, and community gathering spaces.
• Completion of the Parks, Recreation and Open Space Plan and development of an implementation
strategy to enhance such services equitably across the community. • Completion of the Housing Action and Implementation Plan with a focus on a variety of housing to address
the needs of the growing population.
FINANCIAL SUSTAINABILITY
Enhance the long-term viability, value, and service levels of services and programs, including, but not
limited to:
• Adopting policies and strategic investment standards to assure consistency of long-range planning to include
update of impact fees, area fees to specific infrastructure, and SEPA mitigation measures related to new
development, e.g.; schools, traffic, parks, and fire.
COMMUNITY TRANSPORTATION NETWORK
Promote a highly functional multi-modal transportation system including, but not limited to:
• Application of the adopted Transportation System Master Plan including development of policies, regulations,
programs, and projects that provide for greater connectivity, strategic investment, mobility, multi -modal
systems, accessibility, efficiency, and safety.
COMMUNITY SAFETY
Promote proactive approaches for the strategic investment of infrastructure, staffing, and equipment
including, but not limited to:
• Adoption and develop implementation strategies for Comprehensive Fire Master Plan aimed at maintaining the
current Washington State Rating Bureau Class 3 community rating.
• Collaboration with regional partners to influence strategies to reduce incidences of homeless by leveraging
existing resources such as the newly implemented 0.1% mental health sales tax, use of resource navigator
programs, and other efforts. • Development of an implementation strategy for the Comprehensive Police Master Plan to support future service
levels of the department to assure sustainability, public safety, officer safety, crime control, and compliance
with legislative mandates.
ECONOMIC VITALITY
Promote and encourage economic vitality including, but not limited to:
• Implementation of the Comprehensive Land Use Plan through related actions including zoning code changes,
phased sign code update, and development regulations and standards.
• Completion of Area Master Plans and environmental analysis complementing the Comprehensive Land Use
Plan such as Downtown and Broadmoor Master Plans.
• Development of an Economic Development Plan, including revitalization efforts.
COMMUNITY IDENTITY
Identify opportunities to enhance community identity, cohesion, and image including, but not limited to:
• Development of a Community Engagement Plan to evaluate strategies, technologies, and other opportunities
to further inclusivity, community engagement, and inter-agency and constituent coordination efforts.
• Support of the Arts and Culture Commission in promoting unity and the celebration of diversity through art
and culture programs, recognition of significant events or occurrences, and participation/sponsorship of events
within the community.
Page 37 of 38
CALIDAD DE VIDA
Promover una calidad de vida alta a través de programas de calidad, servicios, inversiones y
reinversiones apropiadas en la infraestructura de la comunidad incluyendo, pero no limitado a:
• Terminar el Plan de Transportación para promover más cohesión entre nuestras vecindades actuales y re-
desarrolladas a través de elementos de diseño, p.ej. conectividad, transitabilidad , sostenibilidad estética, y
espacios para reuniones comunitarias.
• Terminar el Plan de los Parques, la Recreación, y los Espacios Vacíos y el desarrollo de una estrategia de
implementación para mejorar tales servicios justamente a lo largo de la comuni dad. • Terminar el Plan de Acción e Implementación de Viviendas con un enfoque en una variedad de viviendas para
tratar las necesidades del aumento en la población.
SOSTENIBIILIDAD FINANCIERA
Mejorar la viabilidad a largo plazo, el valor, y los niveles de los servicios y los programas, incluyendo,
pero no limitado a:
• Adoptar las políticas y los estándares de inversión estratégica para asegurar consistencia en la planificación a largo
plazo para incluir la actualización de las tarifas de impacto, las tarifas en áreas de infraestructura específica, y las
medidas de mitigación SEPA relacionadas con el nuevo desarrollo, p.ej. escuelas, tráfico, parques, e incendios.
RED DE TRANSPORTACION COMUNITARIA
Promover un sistema de transportación multimodal en alta operación incluyendo, pero no limitado a:
• Aplicar el Plan de Transportación que fue adoptado, incluyendo el desarrollo de las políticas, las reglas, los
programas, y los proyectos que proporcionan más conectividad, inversión estratégica, movilidad, sistemas
multimodales, accesibilidad, eficiencia, y seguridad.
SEGURIDAD COMUNITARIA
Promover métodos proactivos para la inversión estratégica en la infraestructura, el personal, y el
equipo incluyendo, pero no limitado a:
• Adoptar y desarrollar estrategias de implementación para el Plan Comprehensivo para Incendios. Con el propósito
de mantener la clasificación comunitaria actual en la tercera Clase del Departamento de Clasificación del Estado
de Washington. • Colaborar con socios regionales para influenciar estrategias que reduzcan los incidentes de personas sin hogar al
hacer uso de los recursos actuales como el impuesto de ventas de 0.1% implementado recientemente para la salud
mental, el uso de programas para navegar los recursos, y otros esfuerzos.
• Desarrollar una estrategia de implementación para el Plan Comprehensivo de la Policía para apoyar los niveles
futuros de servicio del departamento para asegurar la sostenibilidad, la seguridad pública, la seguridad de los
policías, el control de crímenes, y el cumplimiento con los mandatos legislativos.
VITALIDAD ECONOMICA
Promover y fomentar vitalidad económica incluyendo, pero no limitado a:
• Implementar el Plan Comprehensivo del Uso de Terreno a través de acciones relacionadas, incluyendo cambios de
los códigos de zonificación, actualización en las etapas de los códigos de las señales, y el desarrollo de las reglas
y los estándares.
• Terminar los Planes de las Áreas y un análisis ambiental el cual complementa al plan integral de uso de la tierra
como a los Planes del Centro y de Broadmoor.
• Desarrollar un Plan de Desarrollo Económico, el cual incluya esfuerzos de revitalización.
IDENTIDAD COMUNITARIA
Identificar oportunidades para mejorar la identidad comunitaria, la cohesión, y la imagen incluyendo,
pero no limitado a:
• Desarrollar un Plan de Participación de la Comunidad para evaluar las estrategias, las tecnologías, y otras
oportunidades para promover la inclusividad, la participación de la comunidad, y los esfuerzos interdepartamentales
y de coordinación de los constituyentes.
• Apoyar a la Comisión de las Artes y Cultura al promover la unidad y la celebr ación de la diversidad a través
de programas de arte y cultura, reconocer eventos o acontecimientos significantes, y participar/patrocinar
eventos dentro de la comunidad.
Page 38 of 38