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2022.09.06 Council Meeting Packet
AGENDA City Council Regular Meeting 7:00 PM - Tuesday, September 6, 2022 City Council Chambers & GoToWebinar Page 1. MEETING INSTRUCTIONS for REMOTE ACCESS - Individuals, who would like to provide public comment remotely, may continue to do so by filling out the online form via the City’s website (www.pasco-wa.gov/publiccomment) to obtain access information to comment. Requests to comment in meetings must be received by 4:00 p.m. on the day of this meeting. To listen to the meeting via phone, call (631) 992-3211 and use access code 613-585-088. City Council meetings are broadcast live on PSC-TV Channel 191 on Charter/Spectrum Cable in Pasco and Richland and streamed at www.pasco- wa.gov/psctvlive and on the City’s Facebook page at www.facebook.com/cityofPasco. 2. CALL TO ORDER 3. ROLL CALL (a) Pledge of Allegiance 4. CONSENT AGENDA - All items listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by roll call vote as one motion (in the form listed below). There will be no separate discussion of these items. If further discussion is desired by Council members or the public, the item may be removed from the Consent Agenda to the Regular Agenda and considered separately. 6 - 21 (a) Approval of Meeting Minutes for August 15th and August 22nd To approve the minutes of the Pasco City Counc il Regular Meeting held on August 15, 2022 and Special Meeting followed by a Regular Workshop held on August 22, 2022. 22 - 23 (b) Bills and Communications - Approve Claims in the Total Amount of $6,677,572.13 Page 1 of 354 To approve claims in the total amount of $6,677,572.13 ($3,618,593.62 in Check Nos. 250214-250683; $1,003,539.74 in Electronic Transfer Nos. 836719-836731, 836738-836793, 836801-836828, 836831- 836883, 836885-836949, 836958-836975, 836978-837013, 837027- 837078, 837088-837198, 837221-837242; $53,181.26 in Check Nos. 54044-54098; $2,002,257.51 in Electronic Transfer Nos. 30178817 - 30180051). 24 - 34 (c) Resolution No. 4232 - Setting Public Hearing for Tri-Cities Animal Shelter Right-of-Way Vacation (VAC 2022-005) MOTION: I move to approve Resolution No. 4232, setting 7;00 PM, Monday, October 3, 2022, as the time and date for a public hearing to consider the vacation of portions of Court Street and Lena Street in Block 10 of Oakley's Riverfront Addition to Pasco. 35 - 43 (d) Resolution No. 4233 - Process Water Reuse Facility (PWRF) Work Acceleration Agreement with Burnham SEV To approve Resolution No. 4233, authorizing the City Manager to execute a Work Acceleration Agreement and to allow minor substantive changes with Burnham SEV Pasco, LLC. for the Anaerobic Digestion and Renewable Natural Gas Project, related to the Process Water Reuse Facility, Phase 3 Project. 44 - 78 (e) Resolution No. 4234 - Amendment to I-182/Broadmoor Interchange Improvement Contract with DKS for Final Design To approve Resolution No. 4234, authorizing the City Manager to execute Amendment No. 2 to the Professional Services Agreement with DKS Associates, Inc. for the Broadmoor and I -182 Interchange Project. 79 - 115 (f) Resolutions Nos. 4235 to 4240 - Approving Six (6) Project Acceptances for Burns Rd Pathway Ph 1 -3; North Rd 93/Powerline Pathway; Maple Dr. Water Main; and Signage & Striping Burden Blvd Projects To approve Resolution No. 4235, accepting work performed by Ellison Earthworks, LLC., under contract for the Burns Road Pathway - Phase 1 (Rd 100 to Rd 90) Project. To approve Resolution No. 4236, accepting work performed by Ellison Earthworks, LLC., under contract for the Burns Road Pathway - Phase 2 (Rd 90 to Rd 84) Project. To approve Resolution No. 4237, accepting work performed by Ellison Earthworks, LLC., under contract for the Burns Road Pathway - Phase 3 (Rd 84 to Rd 68) Project. Page 2 of 354 To approve Resolution No. 4238, accepting work performed by Ellison Earthworks, LLC., under contract for the North 93/Powerline Pathway Project. To approve Resolution No. 4239, accepting work performed by P&H Construction, LLC., under contract for the Water Main Replacement - Maple Dr. AC Main Project. To approve Resolution No. 4240, accepting work performed by Pavement Surface Control under contract for the Signage & Striping Improvements at Road 68 & Burden Blvd Project. (RC) MOTION: I move to approve the Consent Agenda as read. 5. PROCLAMATIONS AND ACKNOWLEDGEMENTS 6. VISITORS - OTHER THAN AGENDA ITEMS - This item is provided to allow citizens the opportunity to bring items to the attention of the City Council or to express an opinion on an issue. Its purpose is not to provide a venue for debate or for the posing of questions with the expectation of an immediate response. Some questions require consideration by Council over time and after a deliberative process with input from a number of different sources; some questions are best directed to staff members who have access to specific information. Citizen comments will normally be limited to three minutes each by the Mayor. Those with lengthy messages are invited to summarize their comments and/or submit written information for consideration by the Council outside of formal meetings. 7. REPORTS FROM COMMITTEES AND/OR OFFICERS (a) Verbal Reports from Councilmembers 8. HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS RELATING THERETO 116 - 299 (a) Public Hearing - 2022 Comprehensive Plan Amendments (Docket) CONDUCT A PUBLIC HEARING 300 - 303 (b) Public Hearing & Resolution No. 4241 - Single Room Occupancy (SRO) Housing Moratorium CONDUCT A PUBLIC HEARING MOTION: I move to approve Resolution No. 4241, continuing the moratorium, established through Resolution No. 4158, prohibiting the permitting of Single Room Occupancy housing and conversion thereto in the City of Pasco, pending study of impacts and best development practices and policy. Page 3 of 354 9. ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS 304 - 317 (a) Public Meeting & Resolution No. 4242 - Accepting a Notice of Intent for Alford/Cole Annexation (ANX 2022-003) CONDUCT A PUBLIC MEETING MOTION: I move to approve Resolution No. 4242, accepting a notice of intent to commence annexation proceedings for the Alford/Cole annexation, providing a determination on the boundary to be annexed, and whether simultaneous zoning and the assumption of bonded indebtedness will be required. 318 - 328 (b) *Ordinance No. 4606 – Amending the Pasco Municipal Code by Creating a new Section to Align with State Laws and Amending Title 9, Related to Crimes of Domestic Violence and Violations of Other Court Orders MOTION: I move to adopt Ordinance No. 4606, creating a new Section 1.02.030 of the Pasco Municipal Code (PMC), and amending PMC Sections 9.10.030, 9.10.040, 9.15.040, 9.15.050, 9.20.050, 9.20.060 and 9.20.090, updating criminal codes to address changes in state law involving crimes of domestic violence and violation of court orders. 329 - 332 (c) *Resolution No. 4243 - Surplus of City Property Along West A Street (Parcel No. 112282138) MOTION: I move to approve Resolution No.4243, declaring City - owned real property surplus, setting the minimum price and the method of sale for Parcel No. 112282138, and further, authorize the City Manager to sell the property through realtor listing for a minimum price determined through market analysis. 333 - 352 (d) *Resolution No. 4244 - Sale of Property Along West A Street (Parcel No. 112282138) MOTION: I move to approve Resolution No. 4244, approving the sale of City-owned real property. 0.8-acre, located along West A Street. 10. UNFINISHED BUSINESS 11. NEW BUSINESS 12. MISCELLANEOUS DISCUSSION 13. EXECUTIVE SESSION (a) To Discuss Collective Bargaining Unit Negotiations per RCW 42.30.140(4)(a) and to Discuss the Consideration of Site Selection Page 4 of 354 or Acquisition of Real Estate Purchase or Lease if Likelihood that Disclosure Would Increase Price per RCW 42.30.110(1)(b) (10 Minutes) 14. ADJOURNMENT 15. ADDITIONAL NOTES (a) (RC) Roll Call Vote Required * Item not previously discussed Q Quasi-Judicial Matter MF# “Master File #....” 353 - 354 (b) Adopted 2020-2021 Council Goals (Reference Only) (c) REMINDERS • Thursday, September 8, 5:30 PM: Parks & Recreation Advisory Board – Park Tour (COUNCILMEMBER DAVID MILNE, Rep.; COUNCILMEMBER PETE SERRANO, Alt.) • Thursday, September 8, 5:30 PM: Parks & Recreation Advisory Board Conference Room 5, Pasco City Hall (COUNCILMEMBER DAVID MILNE, Rep.; COUNCILMEMBER PETE SERRANO, Alt.) • Thursday, September 8, 7:00 PM: Ben Franklin Transit Board Meeting – Transit Facility (COUNCILMEMBER JOSEPH CAMPOS Rep.; MAYOR PRO TEM CRAIG MALONEY, Alt.) • Monday, September 12, 11:45 AM: Pasco Chamber of Commerce Membership Lunch Meeting – Pasco Red Lion Hotel 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 5 of 354 AGENDA REPORT FOR: City Council August 31, 2022 TO: Dave Zabell, City Manager City Council Regular Meeting: 9/6/22 FROM: Debra Barham, City Clerk Administrative & Community Services SUBJECT: Approval of Meeting Minutes for August 15th and August 22nd I. REFERENCE(S): 08.15.2022 & 08.22.2022 Draft Council Minutes II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: To approve the minutes of the Pasco City Council Regular Meeting held on August 15, 2022 and Special Meeting followed by a Regular Workshop held on August 22, 2022. III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: V. DISCUSSION: Page 6 of 354 MINUTES City Council Regular Meeting 7:00 PM - Monday, August 15, 2022 City Council Chambers & GoToWebinar CALL TO ORDER The meeting was called to order at 7:00 PM by Craig Maloney, Mayor Pro Tem. ROLL CALL Councilmembers present: Craig Maloney, Irving Brown, Joseph Campos, David Milne, Zahra Roach, and Pete Serrano Councilmembers absent: Blanche Barajas Staff present: Dave Zabell, City Manager; Adam Lincoln, Deputy City Manager; Colleen Chapin, Human Resources Director; Eric Ferguson, City Attorney; Bob Gear, Fire Chief; Zach Ratkai, Administrative & Community Services Director; Ken Roske, Police Chief; Richa Sigdel, Finance Director; Rick White, Community & Economic Development Director; Steve Worley, Public Works Director; and Debby Barham, City Clerk. The meeting was opened with the Pledge of Allegiance. CONSENT AGENDA Approval of Meeting Minutes To approve the minutes of the Pasco City Council Regular Meeting and Regular Workshop held on August 1, 2022 and August 8, 2022 respectively. Bills and Communications To approve claims in the total amount of $5,096,915.22 ($3,841,727.28 in Check Nos. 249936-250213; $181,495.01 in Electronic Transfer Nos. 836800, 836829 - 836830; $31,319.83 in Check Nos. 54009 -54043; $1,042,373.10 in Electronic Transfer Nos. 30178214-30178816). Page 1 of 8Page 7 of 354 To approve bad debt write-off for Utility Billing, Ambulance, Cemetery, General Accounts, Miscellaneous Accounts, and Municipal Court (non-criminal, criminal, and parking) accounts receivable in the total amount of $175,417.70 and, of that amount, authorize $0.00 to be turned over for collection. Resolution - Bid Award for A Street Sports Complex - Phase 1 To approve Resolution No. 4223, awarding Bid No.21 -155 for the A Street Sports Complex project, Phase 1 to Big D's Construction, of Pasco, Washington, and further, authorize the City Manager to execute the contract documents. 2 Resolutions – Project Acceptance for 20th Ave Ped Beacon Project & Industrial Way Retrofit Project To approve Resolution No. 4224, accepting work performed by Ellison Earthworks, LLC., under contract for the 20th Ave Pedestrian Hybrid Beacon project. To approve Resolution No. 4225, accepting work performed by Double J Excavating, Inc., under contract for the North Industrial Way Stormwater & Retrofit project. Resolution - Amendment to the West Pasco Water Treatment Plant Phase 2 Agreement with RH2 (Construction Services) To approve Resolution No. 4226, authorizing the City Manager to execute an Amendment for the Professional Services Agreement with RH2 Engineering, Inc. for the West Pasco Water Treatment Plant (WPWTP) Expansion Phase 2 project. Resolution – Process Water Reuse Facility (PWRF) Phase 2 – Amendment No. 3 with RH2 Engineering, Inc. To approve Resolution No. 4227, authorizing the City Manager to execute Amendment No. 3 for the Professional Services Agreement (PSA) with RH2 Engineering, Inc. for the Process Water Reuse Facility (PWRF) Pretreatment Improvements Phase 2: Winter Storage Capacity. Resolution - Amendment No. 2 to the East UGA Expansion Sewer LID No. 152 Agreement with RH2 To approve Resolution No. 4228, authorizing the City Manager to execu te Amendment No. 2 to the Professional Services Agreement (PSA) with RH2 Engineering, Inc. for the East Urban Growth Area Expansion Sewer Local Improvement District No. 152 project. Resolution - Setting a Date to Consider a Notice of Intent to Commence Annexation Proceedings for Alford/Cole Annexation (ANX 2022-003) To approve Resolution No. 4229, setting 7:00 PM, September 6, 2022, as the time and date for a public meeting to consider a notice of intent to commence annexation proceedings for the Alford/Cole annexation. Page 2 of 8Page 8 of 354 MOTION: Councilmember Campos moved, seconded by Councilmember Brown To approve the Consent Agenda as read. RESULT: Motion carried unanimously 6-0 AYES: Mayor Pro Tem Maloney, Councilmember Brown, Councilmember Campos, Councilmember Milne, Councilmember Roach, and Councilmember Serrano ABSENT: Mayor Barajas PROCLAMATIONS AND ACKNOWLEDGEMENTS Expressing Appreciation to Rudy Villasenor, Kaden Root and Lonnie Alvarez for Extinguishing a House Fire Mayor Pro Tem Maloney presented letters of appreciation to Rudy Villasenor, Kaden Root and Lonnie Alvarez; and, Fire Chief Gear presented the Pasco Fi re Department Challenge Coins to the those individuals for their efforts in containing a residential structure fire. Attendance Awareness Month Proclamation Mayor Pro Tem Maloney read the proclamation for "Attendance Awareness Month" scheduled for September 2022 and then presented the proclamation to United Way Benton & Franklin Counties President & CEO LoAnn Ayers. Dr. Ayers encouraged everyone to support school attendance throughout Pasco and the greater Tri -Cities region. VISITORS - OTHER THAN AGENDA ITEMS Mr. Zabell and Mr. White provided a brief update regarding the factors Council may consider for policy decisions related to the retail sale of cannabis, as well as the wholesale/growing of cannabis within the Pasco city-limits. Mayor Pro Tem Maloney introduced Aracely Guidry with Well Spoken Interpreting who would provide interpreting services during the public comment period. Jerry Martinez, Downtown Pasco Development Authority (DPDA) Executive Director, introduced himself to Council. Doug White, Yakima, WA resident and Congressional District No. 4 Representative candidate, commented on the sense of "community" Pasco residents display. John Penney, Recovery Navigation Program staff, commented on the individuals with addictions within the Pasco downtown area. Page 3 of 8Page 9 of 354 Shiloh Morgan, Pasco and Spokane Washington resident and owner of Lucky Leaf cannabis retail store located in Spokane, WA, commented on opening a retail cannabis store in Pasco. Veronica Ramirez, downtown Pasco business owner, expressed support for the sale of retail cannabis; however, not in downtown Pasco due to the addicts and homeless population located in the downtown area. Alena Hernandez, downtown Pasco business owner, expressed frustration with the vagrants in the downtown area that are trashing her business perimeter. Lisa Lopez, Pasco resident, expressed frustration with vagrant and garbage issues in the downtown. Ester Romero, downtown Pasco business owner, requested more support for removing vagrants from the downtown area for the safety of the businesses and their patrons. Cindy Hewitt, Pasco resident, commented on homeless individuals trespassing on her property, as well as a field owned by the Burlington Northern railroad. Octavo Rodriguez, local builder, expressed support for new businesses within downtown Pasco to fill the vacant buildings in the area. Edwardo Marcus, Pasco resident, commented on the homelessness within downtown and recommended the City to address the homelessness and individuals with additions. Michelle Pfister, Kennewick resident, expressed support of new businesses in the downtown area, such as retail cannabis. Leo Perales, Pasco resident and Latino Business Association (LBA) member, expressed opposition to retail cannabis in the downtown area. Gaudencio Felipe, downtown Pasco business owner and LBA member, commented on the Pasco homelessness in downtown and opposition to retail cannabis in the downtown area. David Cortinas, downtown Pasco business owner and LBA member, commented on a list of business owners in the downtown Pasco that are against retail cannabis in downtown area. Mayor Pro Tem Maloney asked that Mr. Cortinas to submit the list of names to City Clerk Barham. Carl Holder, downtown Pasco business owner, expressed support for a retail cannabis store in a building he owns in downtown Pasco. Page 4 of 8Page 10 of 354 Bunny Dickman, residence unknown, expressed support for Mr. Morgan and his request to open a retail cannabis store in the Pasco downtown area. Steven Bowman, Franklin County resident, commented on the right to speak freely, requested that Council address the issue of retail cannabis and requested that a public comment section be included later in the meetings. David Penn, residence unknown, commented on the recent shootings and requested help and support for the community's youth. Octavio Rodrigues, Kennewick resident, commented on his past drug and alcohol use supports cannabis use and sales. Terri Hendricks, Pasco resident, commented on the Pasco downtown area in the 1970s and compared it today's needs in the downtown area. REPORTS FROM COMMITTEES AND/OR OFFICERS Verbal Reports from Councilmembers Mr. Campos commented on the Ben Franklin Transit Board meeting he attended recently. Mr. Milne provided an update on the status of a grant to Colima, Mexico and commented on the Colima-Pasco Association (COPA) meeting held recently. ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS Ordinance - Amending the Pasco Public Facilities District Charter Mr. Ferguson provided a brief update on the proposed amendments to the Pasco Public Facilities District Charter. MOTION: Councilmember Campos moved, seconded by Councilmember Brown to adopt Ordinance No. 4604, providing for amendment to the Charter of the Pasco Public Facilities District and publishing a Restated Charter, and further, authorize publication by summary only. RESULT: Motion carried unanimously 6-0 AYES: Mayor Pro Tem Maloney, Councilmember Brown, Councilmember Campos, Councilmember Milne, Councilmember Roach, and Councilmember Serrano ABSENT: Mayor Barajas Page 5 of 8Page 11 of 354 Ordinance - Budget Adjustment - Schlagel Park Boat Launch & Park Improvements Project Ms. Sigdel provided a brief report on for budget amendment for the recently approved bid for the Schlagel MOTION: Councilmember Campos moved, seconded by Councilmember Roach to adopt Ordinance No. 4605, amending the 2021 -2022 Biennial Budget of the City of Pasco, Washington, by providing supplement thereto; to provide additional appropriation in the City's Capital Improvement Fund for the completion of the Schlagel Park Boating Facilities Improvement Project, and, further, authorize publication by summary only. RESULT: Motion carried unanimously 6-0 AYES: Mayor Pro Tem Maloney, Councilmember Brown, Councilmember Campos, Councilmember Milne, Councilmember Roach, and Councilmember Serrano ABSENT: Mayor Barajas Resolution - Notice of Public Hearing Date for LID No. 151 Final Assessment Mr. Worley introduced Capital Improvement Projects Manager Serra who provided a brief report on the proposed public hearing for the final assessment roll for the Local Improvement District No. 151. MOTION: Councilmember Campos moved, seconded by Councilmember Roach to approve Resolution No. 4230, fixing a time and place for hearing on the final assessment roll for Local Improvement District No. 151, and directing that notice thereof be given in the manner required by law. RESULT: Motion carried unanimously 6-0 AYES: Mayor Pro Tem Maloney, Councilmember Brown, Councilmember Campos, Councilmember Milne, Councilmember Roach, and Councilmember Serrano ABSENT: Mayor Barajas NEW BUSINESS Appointment to the Tri-City Regional Hotel/Motel Commission Mr. Zabell commented the Tourism Promotion Area (TPA) noting that Mr. Patel was stepping down from the Tri-City Regional Hotel/Motel Commission after serving on the Commission for several years. He stated that the Tri-Cities Hotel & Lodging Page 6 of 8Page 12 of 354 Association recommended the appointment of Jerry Beach, with A-1 Hospitality for the two-year Commission position and Mayor Barajas concurred with the appointment of Mr. Beach. MOTION: Councilmember Campos moved, seconded by Councilmember Milne to confirm the appointment of Jerry beach (A-1 Hospitality) to the Tri-City Regional Hotel/Motel Commission for a two-year term commencing on September 1, 2022 and ending August 31, 2024. RESULT: Motion carried unanimously 6-0 AYES: Mayor Pro Tem Maloney, Councilmember Brown, Councilmember Campos, Councilmember Milne, Councilmember Roach, and Councilmember Serrano ABSENT: Mayor Barajas MISCELLANEOUS DISCUSSION Mr. Zabell stated that the retail cannabis discussion will continue at the next Council workshop. Discussion ensued regarding public input related to retail cannabis, the how to and when Council may receive it and if it was appropriate during next week's Workshop when Council and staff would be working through the process and identifying policy issues to consider and provide direction for staff. RECESS Mayor Pro Tem Maloney declared a five-minute recess at 8:45 PM. EXECUTIVE SESSION Council adjourned into Executive Session at 8:50 PM for 20 minutes to discuss the following: 1. The consideration of site selection or acquisition of real estate purchase or lease if likelihood that disclosure would increase price per RCW 42.30.110(1)(b). 2. The consideration of the minimum offering price for sale or lease of real estate if there’s a likelihood that disclosure would decrease the price per RCW 42.30.110(1)(c). Mr. Zabell noted the following factors that may influence the price included the timing of the development and the proposed use of the property. 3. Discussion with legal counsel about current or potential litigation per RCW 42.30.110(1)(i). The City Manager, Deputy City Manager, the City Attorney and Administrative & Community Services Director were also in attendance at the Executive Session. At 9:10 PM Mayor Pro Tem Maloney announced that the Executive Session would continue for another five minutes. Page 7 of 8Page 13 of 354 Mayor Pro Tem Maloney called the meeting back to order at 9:15 PM. ADJOURNMENT There being no further business, the meeting was adjourned at 9:15 PM. PASSED and APPROVED this ____ day of ________________, 20__. APPROVED: ATTEST: Craig Maloney, Mayor Pro Tem Debra Barham, City Clerk Page 8 of 8Page 14 of 354 MINUTES City Council Special Meeting 7:00 PM - Monday, August 22, 2022 City Council Chambers & GoToWebinar CALL TO ORDER The meeting was called to order at 7:00 PM by Blanche Barajas, Mayor. ROLL CALL Councilmembers present: Blanche Barajas, Craig Maloney, Irving Brown, Joseph Campos, David Milne, Zahra Roach, and Pete Serrano Councilmembers absent: None Staff present: Dave Zabell, City Manager; Adam Lincoln, Deputy City Manager; Colleen Chapin, Human Resources Director; Eric Ferguson, City Attorney; Bob Gear, Fire Chief; Zach Ratkai, Administrative & Community Services Director; Ken Roske, Police Chief; Richa Sigdel, Finance Director; Rick White, Community & Economic Development Director; Steve Worley, Public Works Director; and Debby Barham, City Clerk. The meeting was opened with the Pledge of Allegiance. UNFINISHED BUSINESS Resolution – Purchase of Property for Zone 3 Reservoir Storage Tank Mr. Worley provided a brief status of the purchase of real property and requested Council approve the resolution formally authorizing that purchase. MOTION: Mayor Pro Tem Maloney moved, seconded by Councilmember Serrano to approve Resolution No. 4231, authorizing the purchase of 1.89 acres located at 541 Dent Road, Pasco, Washington for the construction of the Zone 3 Reservoir Storage Tank. RESULT: Motion carried unanimously 7-0 AYES: Mayor Barajas, Mayor Pro Tem Maloney, Councilmember Brown, Councilmember Campos, Page 1 of 2Page 15 of 354 Councilmember Milne, Councilmember Roach, and Councilmember Serrano ADJOURNMENT There being no further business, the meeting was adjourned at 7:05 PM. PASSED and APPROVED this __ day of ________________, 20__. APPROVED: ATTEST: Blanche Barajas, Mayor Debra Barham, City Clerk Page 2 of 2Page 16 of 354 MINUTES City Council Workshop Meeting 7:05 PM - Monday, August 22, 2022 City Council Chambers & GoToWebinar CALL TO ORDER The meeting was called to order at 7:05 PM by Blanche Barajas, Mayor. ROLL CALL Councilmembers present: Blanche Barajas, Craig Maloney, Irving Brown, Joseph Campos, David Milne, Zahra Roach, and Pete Serrano Councilmembers absent: None Staff present: Dave Zabell, City Manager; Adam Lincoln, Deputy City Manager; Colleen Chapin, Human Resources Director; Eric Ferguson, City Attorney; Bob Gear, Fire Chief; Zach Ratkai, Administrative & Community Services Director; Ken Roske, Police Chief; Richa Sigdel, Finance Director; Rick White, Community & Economic Development Director; Steve Worley, Public Works Director; and Debby Barham, City Clerk. ITEMS FOR DISCUSSION Community Behavioral Health Update Fire Chief Gear introduced Cameron Fordmeir, the Recovery Navigator Regional Administrator with Greater Columbia Behavioral Health, LLC who provided an update on the status of the community's behavioral health including the current gaps in services, as well as the needs and plans for those community members presenting various forms of behavioral health crises. Council, Mr. Fordmier and staff discussed the recent 1/10th of a percent funding, how the funding will be disbursed, when a budget would be finalized, ways to fill the current gap in services, needed resources and hiring staff and possible home services and community partnerships. Page 1 of 5Page 17 of 354 Cannabis Discussion - Considerations for Retail Sales, Wholesale, Manufacturing, etc. within Pasco Mr. White provided a brief overview of the complexities of repealing the cannabis ban within the City of Pasco and be provided a detailed list of considerations for Council to deliberate on and, in turn, provide direction to staff so that this issue may move forward. Council provided the following comments and direction to staff: • The communications Council has received to date indicates that the community is amenable to a retail cannabis store within Pasco; however not in their area (downtown Pasco). So the question became, where would it be acceptable for the community. • Council concurred they were in listening mode and they would like a few listening sessions, where Council could meet with the public (both residents and business owners) in a setting outside of the Council Chambers to discuss this issue. • Council stated that the following zones, C2, C3, I-1 I-2 and I-3 were areas to consider for the retail sales of cannabis, which would require a special use permit. • Council would like to focus only on retail sales of cannabis at this time. • Council also acknowledged that this issue doesn't align with Council's current goals. Mr. Zabell stated that staff will provide a map of the C2, C3, I -1, I-2 and I-3 to Council as soon as possible and will work on dates for the listening sessions. Capital Improvement Plan (CIP) 2022-2028 Mr. Zabell introduced the 2022-2028 Capital Improvement Plan (CIP) process. He reminded Council and the audience that this is a plan and subject to change as funding and priorities emerge. He discussed the completed projects in 2022, as well as the assessments and evaluations (various Master Plans and Tax Increment Financing (TIF) projects), which lead to 189 projects identified in this CIP, totaling $833 million. Ms. Sigdel provided additional details related to th is seven-year plan and then Police Chief Roske, Fire Chief Gear, Mr. Ratkai and Mr. Worley provided an overview of their departments' projects. Mayor Pro Tem Maloney asked for clarification on the Community & Economic Development (CED) projects. He also requested that new projects, not previously approved by Council in some other manner, such as a master plan, be identified in the CIP as such. He referred to the Harris Road overpass as an example. Page 2 of 5Page 18 of 354 RECESS Mayor called a five-minute recess at 8:45 PM. EXECUTIVE SESSION Council adjourned into Executive Session at 8:50 PM for 10 minutes to discuss with legal counsel about current or potential litigation per RCW 42.30.110(1)(i) with the City Manager, Deputy City Manager, the City Attorney, and Community & Economic Development Director. Mayor Barajas called the meeting back to order at 9:00 PM. ITEMS FOR DISCUSSION CONTINUED Introduce 2022 Comprehensive Plan Amendments Mr. White introduced Planning Manager Gonzalez who provided a brief update to the process of amending the City's Comprehensive Plan and noted that 18 applications were received during this amendment cycle. Mr. Ferguson stated that at this point, Council will only be setting the docket for the Comprehensive Plan amendments at the September 6, 2022 Council meeting. Mr. Serrano questioned the process based on the Pasco Municipal Code Subsection 25.215.020(10) and Mr. Ferguson confirmed that process will occur after the docket is set, returned to the Planning Commission for their review and analysis and upon receipt of the Planning Commission recommendations back to Council. Tri-Cities Animal Shelter Right-of-Way Vacation (VAC 2022-005) Discussion Mr. White provided a brief report on the proposed right-of-way vacation for the Tri- Cities Animal Shelter facility. Resolution - Process Water Reuse Facility (PWRF) Work Acceleration Agreement with Burnham SEV Mr. Worley introduced Walker Dimmig and Alicia Krueger from Burnham SEV, who were available to answer any questions, should Council ask. Mr. Worley provided a brief report on the status of the PWRF updates and the need to sign a Work Acceleration Agreement with Burnham SEV in order to move forward on the expansion of the PWRF. Mr. Ferguson stated that the proposed PWRF expansion is based on RCW 70A.140 and there are several steps that still need to occur for this project to move forward. Page 3 of 5Page 19 of 354 Council and staff held a brief question and answer period regarding the overall project. Resolution - Amendment to I-182/Broadmoor Interchange Improvement Contract with DKS for Final Design Mr. Worley provided a brief report on the proposed amendment to complete the final design for the I-182/Broadmoor Interchange Improvement contract. 6 Resolutions - Project Acceptance for Burns Rd Pathway Ph 1-3; North Rd 93/Powerline Pathway; Maple Dr. Water Main; and Signage & Striping Burden Blvd Projects Mr. Worley provided a brief summary of the recently completed public works construction projects, noting that the final action for accepting the projects will be coming back to Council at their September 6, 2022 meeting. MISCELLANEOUS COUNCIL DISCUSSION Mr. Zabell commented on a letter from the Washington State Historical Society regarding the historical status of the Morning Star Baptist Church located in Pasco, WA. He announced that the Police Citizens Academy will be starting in September 2022. Lastly, he expressed appreciation to Finance Director Sigdel for all she has accomplished during her time at the City, she will be missed and he wished her well on her new endeavors. Ms. Sigdel commented her professional and personal growth she experienced while at the City. Council provided several accolades to Ms. Sigdel for all she and her staff accomplished during her tenure at the City. EXECUTIVE SESSION Council adjourned into Executive Session at 9:50 PM for 15 minutes to discuss the performance of a public employee per RCW 42.30.110(1)(g) with the City Manager, Deputy City Manager and the City Attorney. At 10:05 PM Mayor Barajas announced that the Executive Session would continue for another 10 minutes. Mayor Barajas called the meeting back to order at 10:16 PM. Page 4 of 5Page 20 of 354 ADJOURNMENT There being no further business, the meeting was adjourned at 10:16 PM. PASSED and APPROVED this __ day of ________________, 20__. APPROVED: ATTEST: Blanche Barajas, Mayor Debra Barham, City Clerk Page 5 of 5Page 21 of 354 AGENDA REPORT FOR: City Council September 1, 2022 TO: Dave Zabell, City Manager City Council Regular Meeting: 9/6/22 FROM: Darcy Buckley, Finance Director Finance SUBJECT: Bills and Communications Approving Claims in the Total of $6,677,572.13 I. REFERENCE(S): Accounts Payable 09.06.22 II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: To approve claims in the total amount of $6,677,572.13 ($3,618,593.62 in Check Nos. 250214-Transfer 250683; in $1,003,539.74 Electronic 836719Nos. - 836731, 836738-836793, 836801-836828, 836831-836883, 836885-836949, 836958-836975, 836978-837013, 837027-837078, 837088-837198, 837221- 837242; $53,181.26 in Check Nos. 54044 -54098; $2,002,257.51 in Electronic Transfer Nos. 30178817-30180051). III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: V. DISCUSSION: Page 22 of 354 REPORTING PERIOD: September 6, 2022 Claims Bank Payroll Bank Gen'l Bank Electronic Bank Combined Check Numbers 250214-250683 54044-54098 Total Check Amount $3,618,593.62 $53,181.26 Total Checks 3,671,774.88$ Electronic Transfer Numbers 836719-836731 30178817-30180051 836738-836793 836801-836828 836831-836883 836885-836949 836958-836975 836978-837013 837027-837078 837088-837198 837221-837242 Total EFT Amount $1,003,539.74 $2,002,257.51 $0.00 Total EFTs 3,005,797.25$ Grand Total 6,677,572.13$ Councilmember 1,239,748.70 61,015.85 13,071.15 1,109.48 70,332.99 1,398.92 798.71 1,691.37 1,262.04 797.07 7,880.94 17,078.06 67,100.05 HOTEL/MOTEL EXCISE TAX 12,872.99 762,196.63 1,177,857.28 72,927.13 4,260.33 150,262.56 217,065.48 1,789.30 2,795,055.10 GRAND TOTAL ALL FUNDS:6,677,572.13$ The City Council August 11 - August 31, 2022 C I T Y O F P A S C O Council Meeting of: Accounts Payable Approved City of Pasco, Franklin County, Washington We, the undersigned, do hereby certify under penalty of perjury the materials have been furnished, the services rendered or the labor performed as described herein and the claim is a just, due and unpaid obligation against the city and we are authorized to authenticate and certify to such claim. Dave Zabell, City Manager Darcy Buckley, Finance Manager We, the undersigned City Councilmembers of the City Council of the City of Pasco, Franklin County, Washington, do hereby certify on this 6th day of September, 2022 that the merchandise or services hereinafter specified have been received and are approved for payment: Councilmember SUMMARY OF CLAIMS BY FUND: GENERAL FUND STREET C.D. BLOCK GRANT MARTIN LUTHER KING COMMUNITY CENTER AMBULANCE SERVICE ARPA CEMETERY ATHLETIC PROGRAMS SENIOR CENTER OPERATING MULTI-MODAL FACILITY EQUIPMENT RENTAL - OPERATING GOVERNMENTAL RIVERSHORE TRAIL & MARINA MAIN REVOLVING ABATEMENT ECONOMIC DEVELOPMENT GENERAL CAP PROJECT CONSTRUCTION UTILITY, WATER/SEWER PAYROLL CLEARING EQUIPMENT RENTAL - OPERATING BUSINESS EQUIPMENT RENTAL - REPLACEMENT GOVERNMENTAL MEDICAL/DENTAL INSURANCE FLEX Page 23 of 354 AGENDA REPORT FOR: City Council August 24, 2022 TO: Dave Zabell, City Manager City Council Regular Meeting: 9/6/22 FROM: Rick White, Director Community & Economic Development SUBJECT: Resolution No. 4232 - Setting Public Hearing for Tri-Cities Animal Shelter Right-of-Way Vacation (VAC 2022-005) I. REFERENCE(S): Resolution Overview Map Vicinity Map Vacation Petition II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: To approve Resolution No. 4232, setting 7;00 PM, Monday, October 3, 2022, as the time and date for a public hearing to consider the vacation of portions of Court Street and Lena Street in Block 10 of Oakley's Riverfront Addition to Pasco. III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: As Council is aware, the City of Pasco is in the process developing a new animal shelter to serve the Tri-Cities Animal Control Authority (TCACA) which will be located adjacent to the existing animal shelter on South 18th Avenue. The new shelter is to be located on Block 10 of Oakley's Riverfront Addition to Pasco, which was originally platted in 1890. Several street rights-of-way have been identified on the plat for over 130 years but were never developed due to the levee and runoff pond development in the interim. The City has submitted an application to vacate those portions of Court Street and Lena Street which lie in Block 10 of the 1890 Oakley's Riverfront Addition to Pasco, as shown on the attached map. Page 24 of 354 Council was briefed on this issue at the August 22, 2022 Workshop Meeting. V. DISCUSSION: Per the Pasco Municipal Code (PMC) Chapter 12.40, the Council may require compensation for vacated rights-of-way. The compensation involves obtaining a title report and appraisal of value. However, the comp ensation and the requirements attached thereto may be waived if one or more of the following conditions apply: 1. The vacation is initiated by the City Council by Resolution; 2. The vacation is at the request of the City; 3. The right-of-way to be vacated was previously determined by the City Council not to be essential to public traffic circulation and available for vacation; 4. The grant of substitute right-of-way which has a value as a right-of-way at least equal to that right-of-way to be vacated; and 5. The resulting benefit to the community of the project requiring the vacation outweighs the appraised value of the right-of-way to be vacated. In the current situation, the vacation is at the request of the City; as such, staff intends to recommend the compensation requirement be waived. Given the Public Notice requirements, the earliest this proposed vacation may be considered is at the October 3, 2022, Council Meeting. Page 25 of 354 Resolution - Setting PH for VAC 2022-005 - 1 RESOLUTION NO. 4232 A RESOLUTION OF THE CITY COUNCIL OF CITY OF PASCO, WASHINGTON, SETTING 7:00 PM, MONDAY, OCTOBER 3, 2022, AS THE TIME AND DATE FOR A PUBLIC HEARING TO CONSIDER THE VACATION OF PORTIONS OF COURT STREET AND LENA STREET IN BLOCK 10 OF OAKLEY’S RIVERFRONT ADDITION TO PASCO, AND INITIATING THE VACATION PROCEDURES, AND WAIVING THE REQUIREMENTS OF A SURVEY. WHEREAS, from time to time in response to petitions or in cases where it serves the general interest of the City of Pasco, the City Council may vacate rights-of-way; and WHEREAS, the City staff is requesting that the City Council initiate the vacation procedures for portions of Court Street and Lena Street Right-of-Way located in Block 10 of the 1890 Oakley's Riverfront Addition to Pasco; and WHEREAS, the vacation process, provided in the PMC Chapter 12.40 requires a survey, title report, an appraisal of value, and compensation unless waived by City Council; and WHEREAS, the City staff is requesting that Council make a determination concerning whether to waive the requirements of a title report, appraisal of value, and compensation pursuant to PMC 12.40.120(2) after holding a public hearing; and WHEREAS, the City Council may waive the requirements for a survey pursuant to PMC Section 12.40.110 if the location and legal description of the street or alley proposed for vacation is sufficiently known to the City such that an accurate legal description can be determined with certainty without a survey; and WHEREAS, as part of Court Street and Lena Street Right-of-Way located in Block 10 of the 1890 Oakley's Riverfront Addition to Pasco is sufficiently known to the City such that a legal description is capable of being produced without the need for a survey; and WHEREAS, PMC Section 12.40.040 requires public hearings on vacations to be fixed by Resolution, and to provide notice for such hearing which shall occur no later than 60 days after, nor earlier than 20 days after, the passage of this Resolution setting a public hearing. Page 26 of 354 Resolution - Setting PH for VAC 2022-005 - 2 NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON: Section 1. Initiation of Vacation by Council. That pursuant to PMC Chapter 12.40, the City Council hereby initiates the vacation procedures. Section 2. Waiver of Requirement. That pursuant to PMC Chapter 12.40, the City Council hereby waives the requirement for a survey for the proposed vacation of that portion of Court Street and Lena Street Right-of-Way located in Block 10 of the 1890 Oakley's Riverfront Addition to Pasco as depicted in the attached Exhibit A. Section 3. Notice of Hearing. That a public hearing to consider vacating the following as depicted in the attached Exhibit A, will be held before City Council of the City of Pasco in the Council Chambers at 525 N. Third Avenue, Pasco, Washington at the hour of 7:00 p.m., on the 3rd day of October 2022: THAT PORTION OF THE RIGHT OF WAY FOR COURT STREET AND LENA STREET AS SHOWN ON THE PLAT OF OAKLEY'S RIVERFRONT ADDITION, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME B OF PLATS, PAGE 34, RECORDS OF FRANKLIN COUNTY, WASHINGTON LYING EASTERLY OF THE EAST RIGHT OF WAY LINE OF SOUTH 18TH AVENUE. SITUATE IN FRANKLIN COUNTY, STATE OF WASHINGTON. Section 4. That the City Clerk of the City of Pasco give notice of said public hearing as required by law. PASSED by the City Council of the City of Pasco, Washington, this 6th day of September 2022. Blanche Barajas Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorneys Page 27 of 354 -------------------- ;:,.Jr•· .-� PORTION OF NW _____..,---:;,;:s-¢'� .� ,.__ ;���- 11/4, :'3 EC I . 31, T.9N., R.30 E WM __,--.-.,,- ----- ,_.. • .-�·;. I ' , , - -------::. -----.'@ • - - .... �'." .. ".':.F I I ------ d - " ��/ -�' _.-I jlll �-� /.�-,, --------------;f ... '. �I I "' .... -- --,t ' 1 1 I I . . kt I j .. � : I I I ! I WI d' PARCEL NO. 1121200'UI 24.11:!::ACfll .. dkl II) w .;I �---_, ____ _, PARCEL '8' 27.40% ACRES � � W. WASHINGTON ST. -•�� A"'i•L' �� _L _L LJ !!QI§ 1.nttNllA1MEo\51DILYUNEOFEII.OCIC1,0IJILC'l"SRMRFR<lNTACOITl0Nto,-� ADJWED Ttl J,IA',IE A � OF :S l'C'Olfl4• Ii., !. aJIIW'I' l'tRl'OAIIED "'™ ,. L.EICA ms J" MCmoMC TOTAL ST"llON, a.tC1RONIC DIST'°MCE: UU.SUlaNQ UIIT, U$1NO flE\D 'IRA� fflOCEUUl'ID Al«> llltl A LOCA CS14i.sll£CtMRU11U.llNCFAST5tA'IICMfllRrAl..11MtlCINblA11Cl'ROCftll#IU. 3.IIONt.lMOffl:SHOWNIDCONASn:u<Cl'il:RCYlsntDNHOYDIIIElt,aGtO.. '-TMt, SUA"\£Y I/EDS Oft DX:E£DS 'RIE STANDAADS CONTAIIO ti •A.C 3$2-1�011l. :I. fl,I[� CFTMSTDPOGIIAPHIC91JR'l£YISFCRRTI\/N: •TI DHICN/IIIPll<MMDIB. I. TW[�TCUIIS !MMN HE11mN M£.8A!t0 OH CM,tt:CTflrul OIISDNATIONSFllOII 11/U/2tl2!1. �t�o::11�,: COfffi.Jl'l:5 §!O'M,I IOE!»I ME �t[ ltl CIN[-fiMS o, I. nit IIOUfCl.utY/\.CIJM. � N4D � St1091 HtN:OII NC POI. 111,\f ��-:::�� IV IDT0lt--'1W41CLM llll.[ ca,,#11'1', 0NlU MO. IWU1&3, 1.LOCA.aNOFM..LUHIEtClnlLNDvntJ'IEl9iCJIIIH�,a,�TENC> ARIC aASm OM flEW LOCAlU6 OF AU. \4SIIU $lllUCIURE'S 5UQ1 "5: CAlt:M 8ASH5,, 11/IMMI.U,, -.,.ffll CA'ID, 0C. MD 0DliftMC Ntll!MAllCIN nlGlil "-Nd !U'f'ID ll't i����,::-�.._llrflJW>c.lil.�z-e-ll202ml 10..E:RDX:IRD0f�1Q..'1.P0.9'lllf'QAM011Cfr01Lff'OIMl.noi.. LEGAL QESCRIPTION L.01StT02&,flLOCIC7,0IJQEl"SRIYERFIIONTADOl110N,-.ccolllOINOTOMPI.A.t TMOIEDl'IICOORDEDINVl1UMC'8'0F'P1.Jt,TS,PM£.34,lt[CO!D50,nw,,Q,M�TI", lff.t&IINCTOt/1 �i:it..:n�s:i: ��";"�w. � smrr AMlllll'IG um © @ ,_ m LEGEND Ol5TINIJPRIJl"'[IITTl.'Q'INOI f'WIIO �/9" lltllM �TH CA� fl.:ll�Z SIT EIISTWG,SMITARTSE'IIICRWHHCIJ: EJOSMC.-AIE!lloll:TOI ■ EICISIIHOl0£Pti0Nt:P'UlCSTAI. t,' ElaSTIHC nRC M'l'llRANf 9 EICISTINC WAmt YAl.11[ - - - - - -EICISTINC IIICJ-lf-Cf'-WA.., -- ---f,a'STlNIJCt:NTfl!UI"[ ------ElCl'511NIJIMlUIIDIUl"'LlNI!: -->-<-- DISTllfC,nfCE __ ,, __ ,, __ [ICISTll«l snrR --0--0--DISTIIICi STORM Ol'l,...ACI: --0--0--fJCISllNII.NAlVIUI.C"5 -OLv--aJLY-()G!'HING Clll�T BLOCK10 OAKLEY'S RfYUIIIRONT ADOn'X>N TO PAacD (W',04) -�o,p---OISnNI. oY£Rl4£loO PO"liR 't-------on--on-OCtSnNI.O\'"JIH£AO mD'HOtll: +.+..+HLA � Engineering and Land Surveying, Inc. 2803 River Road Yoldma, WA98902 509.966.7000 Fax 509.965.3800 www.hl3Civil.com PARCEL 'B' t-----------+----I JOB 2�1��BER:1o:�-22 FlLE NAMES: 1-----------+----i DRA.W,NG: 21124.dwg I REVISION I D-'TE l���tR�n° e8v�: mr/� -.. --... -t'.l1151N.�� --,--,--""""'"""""" -n>--1"0- VOSl'N.'111DtoPn:: -.. ,V--CATV-ElC'SIINCCMI.Ef'OI '""'"'""""""'" mn PP'. ZZP'.I "'"''""" � • r----, Knowwh1f1below. Call before you dig. CITY OF PASCO SHEET NEW ANIMAL SHELTER CITY OF PASCO, FRANKLIN COUNTY, WASHINGTON BOUNDARY LINE ADJUSTMENT/RIGHT OF WAY VACATION EXHIBIT Page 28 of 354 Item:Street Vacation -Tri-Cities Animal Shelter App1icant(s):City of Pasco File #:VAC 2022-005 Overview .'1 1:,Page 29 of 354 Item:Street Vacation -Tri-Cities Animal Shelter App1icant(s):City of Pasco File #:VAC 2022-005 Page 30 of 354 Master File # ------ CITY OF PASCO STREET/ALLEY VACATION PETITION Date Submitted: Fee:$300 ------ We the undersigned, owners of two-thirds of the privately-owned abutting pro perty, her eby petition the City Council of the City of Pasco to vacate the following described street/alley rights-of-way: Portions of Court Street and Lena Street. See attached legal description and survey for right-of-way to be vacat ed. Name: City of Pasco Address: 525 N. 3rd Avenue, Pasco, WA 99301 Applicant/ Phone: Owner 1 (509)545-3441 Email: Signature: �,,,----� ,,,,,,.--;;--- Name: City of Pasco Address: Owner 2 Phone: Email: Signature: (Please see reverse side) Updated April 2019 Page 31 of 354 Name: Address: Owner3 Phone: Email: Signature: Survey Title Report (if not waived) Fee of $300 Page 32 of 354 Legal Descriptions of Right of Way to be Vacated That portion of the right of way for Court Street and Lena Street as shown on the Plat of OAKLEY'S RIVERFRONT ADDITION, according to the plat thereof recorded in Volume B of Plats, page 34, records of Franklin County, Washington lying Easterly of the East right of way line of South 18th Avenue. Situate in Franklin County, State of Washington. Page 33 of 354 -------------------- ;:,.Jr•· .-� PORTION OF NW _____..,---:;,;:s-¢'� .� ,.__ ;���- 11/4, :'3 EC I . 31, T.9N., R.30 E WM __,--.-.,,- ----- ,_.. • .-�·;. I ' , , - -------::. -----.'@ • - - .... �'." .. ".':.F I I ------ d - " ��/ -�' _.-I jlll �-� /.�-,, --------------;f ... '. �I I "' .... -- --,t ' 1 1 I I . . kt I j .. � : I I I ! I WI d' PARCEL NO. 1121200'UI 24.11:!::ACfll .. dkl II) w .;I �---_, ____ _, PARCEL '8' 27.40% ACRES � � W. WASHINGTON ST. -•�� A"'i•L' �� _L _L LJ !!QI§ 1.nttNllA1MEo\51DILYUNEOFEII.OCIC1,0IJILC'l"SRMRFR<lNTACOITl0Nto,-� ADJWED Ttl J,IA',IE A � OF :S l'C'Olfl4• Ii., !. aJIIW'I' l'tRl'OAIIED "'™ ,. L.EICA ms J" MCmoMC TOTAL ST"llON, a.tC1RONIC DIST'°MCE: UU.SUlaNQ UIIT, U$1NO flE\D 'IRA� fflOCEUUl'ID Al«> llltl A LOCA CS14i.sll£CtMRU11U.llNCFAST5tA'IICMfllRrAl..11MtlCINblA11Cl'ROCftll#IU. 3.IIONt.lMOffl:SHOWNIDCONASn:u<Cl'il:RCYlsntDNHOYDIIIElt,aGtO.. '-TMt, SUA"\£Y I/EDS Oft DX:E£DS 'RIE STANDAADS CONTAIIO ti •A.C 3$2-1�011l. :I. fl,I[� CFTMSTDPOGIIAPHIC91JR'l£YISFCRRTI\/N: •TI DHICN/IIIPll<MMDIB. I. TW[�TCUIIS !MMN HE11mN M£.8A!t0 OH CM,tt:CTflrul OIISDNATIONSFllOII 11/U/2tl2!1. �t�o::11�,: COfffi.Jl'l:5 §!O'M,I IOE!»I ME �t[ ltl CIN[-fiMS o, I. nit IIOUfCl.utY/\.CIJM. � N4D � St1091 HtN:OII NC POI. 111,\f ��-:::�� IV IDT0lt--'1W41CLM llll.[ ca,,#11'1', 0NlU MO. IWU1&3, 1.LOCA.aNOFM..LUHIEtClnlLNDvntJ'IEl9iCJIIIH�,a,�TENC> ARIC aASm OM flEW LOCAlU6 OF AU. \4SIIU $lllUCIURE'S 5UQ1 "5: CAlt:M 8ASH5,, 11/IMMI.U,, -.,.ffll CA'ID, 0C. MD 0DliftMC Ntll!MAllCIN nlGlil "-Nd !U'f'ID ll't i����,::-�.._llrflJW>c.lil.�z-e-ll202ml 10..E:RDX:IRD0f�1Q..'1.P0.9'lllf'QAM011Cfr01Lff'OIMl.noi.. LEGAL QESCRIPTION L.01StT02&,flLOCIC7,0IJQEl"SRIYERFIIONTADOl110N,-.ccolllOINOTOMPI.A.t TMOIEDl'IICOORDEDINVl1UMC'8'0F'P1.Jt,TS,PM£.34,lt[CO!D50,nw,,Q,M�TI", lff.t&IINCTOt/1 �i:it..:n�s:i: ��";"�w. � smrr AMlllll'IG um © @ ,_ m LEGEND Ol5TINIJPRIJl"'[IITTl.'Q'INOI f'WIIO �/9" lltllM �TH CA� fl.:ll�Z SIT EIISTWG,SMITARTSE'IIICRWHHCIJ: EJOSMC.-AIE!lloll:TOI ■ EICISIIHOl0£Pti0Nt:P'UlCSTAI. t,' ElaSTIHC nRC M'l'llRANf 9 EICISTINC WAmt YAl.11[ - - - - - -EICISTINC IIICJ-lf-Cf'-WA.., -- ---f,a'STlNIJCt:NTfl!UI"[ ------ElCl'511NIJIMlUIIDIUl"'LlNI!: -->-<-- DISTllfC,nfCE __ ,, __ ,, __ [ICISTll«l snrR --0--0--DISTIIICi STORM Ol'l,...ACI: --0--0--fJCISllNII.NAlVIUI.C"5 -OLv--aJLY-()G!'HING Clll�T BLOCK10 OAKLEY'S RfYUIIIRONT ADOn'X>N TO PAacD (W',04) -�o,p---OISnNI. oY£Rl4£loO PO"liR 't-------on--on-OCtSnNI.O\'"JIH£AO mD'HOtll: +.+..+HLA � Engineering and Land Surveying, Inc. 2803 River Road Yoldma, WA98902 509.966.7000 Fax 509.965.3800 www.hl3Civil.com PARCEL 'B' t-----------+----I JOB 2�1��BER:1o:�-22 FlLE NAMES: 1-----------+----i DRA.W,NG: 21124.dwg I REVISION I D-'TE l���tR�n° e8v�: mr/� -.. --... -t'.l1151N.�� --,--,--""""'"""""" -n>--1"0- VOSl'N.'111DtoPn:: -.. ,V--CATV-ElC'SIINCCMI.Ef'OI '""'"'""""""'" mn PP'. ZZP'.I "'"''""" � • r----, Knowwh1f1below. Call before you dig. CITY OF PASCO SHEET NEW ANIMAL SHELTER CITY OF PASCO, FRANKLIN COUNTY, WASHINGTON BOUNDARY LINE ADJUSTMENT/RIGHT OF WAY VACATION EXHIBIT Page 34 of 354 AGENDA REPORT FOR: City Council August 23, 2022 TO: Dave Zabell, City Manager City Council Regular Meeting: 9/6/22 FROM: Steve Worley, Director Public Works SUBJECT: Resolution No. 4233 - Process Water Reuse Facility (PWRF) Work Acceleration Agreement with Burnham SEV I. REFERENCE(S): Resolution Agreement II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to approve Resolution No. 4233, authorizing the City Manager to execute a Work Acceleration Agreement and to allow minor substantive changes with Burnham SEV Pasco, LLC. for the Anaerobic Digestion and Renewable Natural Gas Project, related to the Process Water Reuse Facility, Phase 3 Project. III. FISCAL IMPACT: The proposed contract allows up to $2 million of reimbursement should a final Wastewater Treatment Agreement not be executed. All costs associated with the Process Water Reuse Facility (PWRF) are reimbursed by the PWRF Agricultural Processor partners. IV. HISTORY AND FACTS BRIEF: On January 10, 2022, staff provided Council a presentation on the proposed updates to the Process Water Reuse Facility (PWRF) with the potential to include a Renewable Natural Gas (RNG) option to reduce costs to the PWRF Processors. Council indicated support to move forward with the proposed concept. On May 16, 2022, staff presented to Council the Request for Proposals information received. Council ratified the acceptance of the two respondents and staff followed up with the required bidder’s conference in May of 2022. Burnham Page 35 of 354 SEV was selected as the RNG Developer for the PWRF Pretreatment Phase 3 project. To adhere to the desired project schedule, which coincides with the startup of the new Darigold Inc. plant, Burnham SEV needs to begin certain preliminary activities related to the engineering, permitting, and financing while the City and Burnham SEV negotiate and work towards executing a final Wastewater Treatment Agreement (WTA). The upcoming WTA will cover responsibilities related to ownership, operation, maintenance, and payment for the Pretreatment Phase 3 Project. This WTA is also important for Burnham SEV to secure equity and debt financing for the Phase 3 project. The attached agreement commits the City to reimburse Burnham SEV up to a maximum of $2 million for preliminary work should a final WTA not be executed by October 17, 2022. The Processors, City, and Burnham SEV have agreed to cooperate to ensure the success of the PWRF Pretreatment Phase 3 project. V. DISCUSSION: This item was discussed at the August 22, 2022, Council Workshop meeting. The proposed Agreement has been slightly modified since last being presented to Council. The following has been added at the end of Section 2.B per the City Attorney. Notwithstanding the foregoing, the City shall have no obligation to reimburse Developer if Developer is unable or unwilling to enter into a WTA with materially similar terms and conditions as the draft provided to the City on August 15, 2022. Staff recommends approval of the proposed Work Acceleration Agreement with Burnham SEV. Page 36 of 354 Resolution: Work Acceleration Agr. - PWRF Anaerobic Digestion & Renewable Natural Gas Project - 1 RESOLUTION NO. _______ A RESOLUTION OF THE CITY OF PASCO, WASHINGTON, AUTHORIZING THE CITY MANAGER TO EXECUTE A WORK ACCELERATION AGREEMENT WITH BURNHAM SEV PASCO, LLC, FOR THE ANAEROBIC DIGESTION AND RENEWABLE NATURAL GAS PROJECT, RELATED TO THE PROCESS WATER REUSE FACILITY, PHASE 3 PROJECT. WHEREAS, the City owns and operates the Process Water Reuse Facility (PWRF) to treat and dispose of industrial wastewater from food processors (Processors) located in the vicinity of the City of Pasco; and WHEREAS, the industrial wastewater treatment system operated by the City, including the PWRF, requires improvements in order to sufficiently treat current and increased Processor wastewater flows to meet City permitted limits; and WHEREAS, the City’s current wastewater treatment system is at or near capacity and requires expansion to enable new Processors to use the facility and existing Processors to expand their operations; and WHEREAS, the City issued a request for proposal (RFP) under the provision of RCW 70A.140 for the development of a new wastewater treatment plant that includes anaerobic digestion for more comprehensive wastewater treatment and nitrogen removal to bring the total effluent nitrogen loads to within the City’s permit levels and a gas cleanup system to produce renewable natural gas (collectively, the “Project”); and WHEREAS, Burnham SEV Pasco, LLC. (Burnham SEV) submitted a proposal in response to the City’s RFP, and the City has preliminarily selected Burnham SEV to undertake the Project, subject to additional requirements in RCW 70A.140 for final selection and entering into an agreement approved by the Washington Department of Ecology and the City Council; and WHEREAS, to adhere to the City’s desired project schedule, Burnham SEV needs to commence certain preliminary activities related to the engineering and financing as Burnham SEV and City work towards executing a final Wastewater Treatment Agreement (WTA) for the Project; and WHEREAS, procurement of services to perform those preliminary activities requires compliance with the requirements of RCW 39.80, which have been met by the City by publishing in advance the City’s requirement for professional services in a Request for Proposal (“RFP”) (RCW 39.80.030), evaluating the Developer’s qualifications (RCW 39.80.040), and negotiating the services and price of the provisions of this Agreement (RCW 39.80.050); and WHEREAS, the City has requested that Burnham SEV commence preliminary activities on the Project prior to executing a definitive WTA which will outline the terms and conditions Page 37 of 354 Resolution: Work Acceleration Agr. - PWRF Anaerobic Digestion & Renewable Natural Gas Project - 2 under which the City will contract with Burnham SEV for industrial wastewater treatment services under the provisions of RCW 70A.140; and WHEREAS, the City of Pasco finds that this Work Acceleration Agreement is necessary as time is of the essence for the project to proceed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON: That the City Manager, for the City of Pasco, is hereby authorized to execute the Work Acceleration Agreement with Burnham SEV for the Anaerobic Digestion and Renewable Natural Gas Project, a copy of which is attached hereto, and incorporated by this reference as Exhibit A and to make minor substantive changes as necessary to execute the Agreement. Be It Further Resolved, that this Resolution shall take effect immediately. PASSED by the City Council of the City of Pasco, Washington, this ______ day of September, 2022. _____________________________ Blanche Barajas Mayor ATTEST: APPROVED AS TO FORM: _____________________________ __________________________ Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorneys Page 38 of 354 506033220.1 ANAEROBIC DIGESTION AND RENEWABLE NATURAL GAS PROJECT WORK ACCELERATION AGREEMENT THIS AGREEMENT (this “Agreement”) entered into as of [DATE], 2022 (the “Effective Date”), by and between Burnham SEV Pasco LLC (“Developer”) and the City of Pasco, Washington, a Municipal Corporation (the “City”) (each and “Party” and together the “Parties”). WHEREAS, the City operates a Process Water Reuse Facility (“PWRF”) to treat and dispose of industrial wastewater from food processors (“Processors”) located in the vicinity of the City of Pasco; and WHEREAS, the City owns and operates the Foster Wells Lift Station and force mains, the Columbia East Lift Station and force mains, the PWRF and the Land Treatment System with all associated irrigation, pivots, pipes, wells, and appurtenances for the treatment and disposal of Processors’ industrial wastewater; and WHEREAS, the industrial wastewater treatment system operated by the City, including the PWRF, requires improvements in order to sufficiently treat current and increased Processor wastewater flows to meet City permitted limits; and WHEREAS, the City’s current wastewater treatment system is at or near capacity and requires expansion to enable new Processors to use the facility and existing Processors to expand their operations; and WHEREAS, the City issued a request for proposal (“RFP”) under the provisions of RCW 70A.140 for the development of a new wastewater treatment plant that includes anaerobic digestion for more comprehensive wastewater treatment and nitrogen removal to bring the total effluent nitrogen loads to within the City’s discharge permit levels (the “Wastewater Treatment System”), and a gas cleanup system (“Gas Cleanup System”) for the production of renewable natural gas (collectively, the “Project”); and WHEREAS, Developer submitted a proposal in response to the City’s RFP, and the City has preliminarily selected Developer to undertake the Project pursuant to an award letter from the City dated May 3, 2022, subject to additional requirements in RCW 70A.140 for final selection and entering into an agreement reviewed by Ecology and approved by the City Council; and WHEREAS, in order to adhere to the City’s desired project schedule, Developer must commence certain preliminary activities related to the engineering, permitting, and financing of the Project as the Developer and City work towards executing a final agreement for the Project; and WHEREAS, procurement of services to perform those preliminary activities requires compliance with the requirements of RCW 39.80, which have been met by the City by publishing in advance the City’s requirement for professional services in a Request for Proposal (“RFP”) (RCW 39.80.030), evaluating the Developer’s qualifications (RCW 39.80.040), and negotiating the services and price of the provisions of this Agreement (RCW 39.80.050); and EXHIBIT A Page 39 of 354 506033220.1 WHEREAS, City has requested that Developer commence preliminary activities on the Project prior to executing a definitive Wastewater Treatment Agreement (“WTA”) which will outline the terms and conditions under which the City will contract with the Developer for industrial wastewater treatment services under the provisions of RCW 70A.140; and WHEREAS, in response to City’s request, and in exchange for the undertakings and inducements provided by the City herein, and in reliance thereon, Developer has commenced and will continue to progress certain preliminary activities, such as engineering, legal, permitting, regulatory, design, and other activities related to the Project, including without limitation entering into a professional services agreement with Evoqua Water Technologies Canada Ltd. (“Evoqua”), which agreement contemplates total payments from Developer to Evoqua of up to $500,000. NOW, THEREFORE, and in consideration of the mutual terms and covenants contained herein, the Parties agree as follows: 1. Developer Obligations. Developer shall: A. Commence preliminary engineering activities related to the Water Treatment System and the Gas Cleanup System in accordance with the most recent specifications delivered by the City on June 1, 2022. B. Progress preliminary activities related to the financing of the Project, including negotiation of financing documentation and engagement of independent engineering and technical advisors. C. Hire permitting consultants and begin preparation of permits in connection with the Project. D. If necessary, commence site evaluation activities, including geotechnical and topographical evaluations, surveys, and environmental reviews. Notwithstanding the foregoing, nothing contained herein shall obligate Developer to continue development activities or incur any additional expenses if Developer reasonably determines that City will not move forward with the Project and/or enter into the WTA. 2. City Obligations. City shall: A. Cooperate with Developer in order to ensure the success of the Project, including, without limitation, by: a. Providing Developer with access to the site and personnel who are potentially knowledgeable about the site or the Project. b. Supporting applications for permits for the Project. Page 40 of 354 506033220.1 c. Providing Developer with access to available wastewater flow data, including volumes and composition, and other pertinent information. d. Providing Developer with available site data, such as surveys, site boundary information, geotechnical reports, wetland reports, archeological reviews, or similar information. B. Promptly, upon written request from Developer, the City shall reimburse Developer for all reasonable and documented costs, up to a maximum of $2,000,000.00, incurred by Developer, inclusive of costs incurred through subcontractors, including Gross-Wen Technologies, in relation to the Project if City and Developer do not enter into the WTA by October 17, 2022, or such other date as may be agreed to by both Parties in writing; provided however that such reimbursable costs shall not include legal costs incurred by Developer for the preparation and negotiation of the WTA, which costs shall be borne solely by the Developer regardless of whether the Parties ultimately enter into a WTA. Notwithstanding the foregoing, the City shall have no obligation to reimburse Developer if Developer is unable or unwilling to enter into a WTA with materially similar terms and conditions as the draft provided to the City on August 15, 2022. 3. Term. This Agreement shall be effective commencing on the Effective Date and shall continue until terminated with the mutual written agreement of the Parties, payment is made by the City to Burnham in full, as confirmed in writing by Burnham, or upon the execution of the WTA by the Parties. 4. Authority to Approve Agreement. The Parties represent and warrant that all steps necessary for the approval of this Agreement have been completed by: A. Burnham SEV Pasco LLC Attn: Chris Tynan 1201 Wilson Blvd., 27th Floor Arlington, VA 22209 B. City of Pasco Dave Zabell City Manager 525 N 3rd Avenue Pasco, WA 99301 The persons signing below are authorized to do so and the execution of this Agreement is valid and binding for all purposes. 5. General Provisions. A. This Agreement constitutes the entire agreement between the Parties and no prior oral or written agreement shall be valid, and any modifications of this Agreement must be in writing signed by all Parties. Page 41 of 354 506033220.1 B. This Agreement shall be binding on the Parties, and their heirs, successors and assigns. C. For the purpose of this Agreement, time is of the essence. 6. Dispute Resolution. 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 to resolve the dispute by themselves or with the assistance of a mediator. The rema ining dispute shall be resolved by arbitration in accordance with the American Arbitration Association Rules, with all Parties waiving the right of a jury trial upon de novo review. The Parties stipulate that Franklin County Superior Court is the appropriate venue, should judicial relief be required. Any disputes shall be governed by the laws of the State of Washington. 7. Mutual Cooperation and Further Agreements. The Parties agree to cooperate in good faith with regard to each and every aspect required for the object of this Agreement, and to further sign all documents reasonably necessary to accomplish the purposes of this Agreement. [Signature Pages Follow] Page 42 of 354 506033220.1 IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed by their duly authorized representatives as of the Effective Date. BURNHAM SEV PASCO LLC CITY OF PASCO, WASHINGTON By:_________________________________ By:______________________________ Name:_______________________________ Name: Dave Zabell Title:________________________________ Title: City Manager Date:________________________________ Date:_____________________________ Page 43 of 354 AGENDA REPORT FOR: City Council August 23, 2022 TO: Dave Zabell, City Manager City Council Regular Meeting: 9/6/22 FROM: Steve Worley, Director Public Works SUBJECT: Resolution No. 4234 - Amendment to I-182/Broadmoor Interchange Improvement Contract with DKS for Final Design I. REFERENCE(S): Resolution Amendment II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to approve Resolution No. 4234, authorizing the City Manager to execute Amendment No. 2 to the Professional Services Agreement with DKS Associates, Inc. for the Broadmoor and I-182 Interchange Project. III. FISCAL IMPACT: Preliminary Engineering (Design) Costs: Phase 1 - Original Agreement (Access Revision Report) $ 679,073.00 Phase 2A (Amendment No. 1 - Preliminary Design) $ 146,266.31 Phase 2B (Proposed Amendment No. 2 - Final Design) $ 1,129,464.71 Total $ 1,954,804.02 Estimated Construction (CN) Costs: Eastbound Exit Loop Ramp $4.1M Eastbound Ramp Terminal Roundabout $2.2M Total $6.3M IV. HISTORY AND FACTS BRIEF: In furthering Council's goal of promoting a highly functional multi-model transportation system, staff has been working with DKS Associates (DKS) on the analysis and preliminary design of the I-182/Broadmoor Blvd Interchange Improvement project. Page 44 of 354 The planning phase of the project Access Revision Report (ARR) is nearly approved by the Washington State Department of Transportation (WSDOT) and the Federal Highways Administration (FWHA). The ARR process identified the locally preferred alternatives which includes a looped eastbound off ramp and a roundabout to replace the existing signal at the eastbound ramp terminals. Amendment No. 1 to DKS’ contract was approved by Council to begin the Phase 2A preliminary design of the eastbound loop ramp project . This initial work included surveying, geotechnical work, preliminary road layout, and drainage analysis. With the completion of the ARR, the proposed Amendment No. 2 provides for the Phase 2B final design, which includes development of the plans, specifications, and estimates (PS&E) and final bid package. This work was not included in the original PSA, as the scope of what would be approved through the ARR process was unknown at that time. With the approved alternative now known, the aforementioned final design work can be estimated and proceed. The current schedule is to bid this project later this year for construction in 2023. The total estimated design costs (not including the ARR work) represents approximately 20% of the estimated construction cost. This percentage is in the typical range for projects on WSDOT facilities requiring FHWA and WSDOT approval. V. DISCUSSION: This item was discussed at the August 22, 2022, Council Workshop meeting. Staff recommends approval of the proposed Amendment No. 2 to the PSA with DKS Associates, Inc. for the Phase 2B final design of the I -182/Broadmoor Interchange Improvement project in the amount of $1,129,464.71. Page 45 of 354 Resolution – I-182/Broadmoor Interchange Amendment No. 2 - 1 RESOLUTION NO. _________ A RESOLUTION OF THE CITY OF PASCO, WASHINGTON, AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 2 TO THE PROFESSIONAL SERVICES AGREEMENT WITH DKS ASSOCIATES, INC. FOR THE BROADMOOR AND I-182 INTERCHANGE PROJECT. WHEREAS, the City and DKS Associates, Inc., entered into a Professional Services Agreement on September 21, 2021 to provide engineering services with respect to the Broadmoor and I-182 Interchange project; and WHEREAS, the City and DKS Associates, Inc., executed Amendment No. 1 on November 18, 2021 to provide additional professional engineering services; and WHEREAS, the Access Revision Report identified the locally preferred alternatives which include a looped eastbound off-ramp and a roundabout to replace the existing signal at the ramp terminals; and WHEREAS, the City and DKS Associates, Inc. desire to enter into Amendment No. 2 to provide the final design and prepare the plans, specifications, and estimates (PS&E) and bid package as described in Exhibit A. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON: That the City Council of the City of Pasco approves the terms and conditions of Amendment No. 2 to the Professional Services Agreement between DKS Associates, Inc., and the City of Pasco; a copy of which is attached hereto and incorporated herein by reference as Exhibit A. Be It Further Resolved that the City Manager of the City of Pasco, Washington, is hereby authorized, empowered, and directed to execute said Amendment on behalf of the City of Pasco; and to make minor substantive changes as necessary to execute the Amendment. 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 Page 46 of 354 Amendment No. 2 to Professional Services Agreement Page 1 DKS Associates, Inc. Broadmoor and I-182 Interchange Project AMENDMENT NUMBER 2 TO PROFESSIONAL SERVICES AGREEMENT Broadmoor and I-182 Interchange Project Project No. 21292 AGREEMENT NO. 21-044 WHEREAS, the City and DKS Associates, Inc., entered into a Professional Services Agreement on 9/21/2021 to provide engineering services with respect to the Broadmoor and I- 182 Interchange project; and WHEREAS, the City and DKS Associates, Inc., entered into Amendment No. 1 on November 18, 2021 to provide additional professional engineering services; and WHEREAS, the initial short-term and long-term needs of the future interchange have now been identified. NOW, THEREFORE, this Agreement is amended to allow DKS Associates, Inc., to provide additional professional and design engineering services as described on Exhibit A. 1. Scope of Work: See Exhibit A. 2. Fee: The compensation for the additional work is based on a Time & Materials Basis of $1,129,464.71, increasing the overall total authorization amount to $1,954,804.20. See Exhibit B for full breakout. 3. Time of performance: No change. The services shall be complete for the project on or before December 31, 2024. DATED THIS _______ DAY OF _____________, 2022. CITY OF PASCO: CONSULTANT City of Pasco DKS Associates, Inc. Dave Zabell – City Manager Richard J. Hutchinson, PE – Principal Page 47 of 354 BROADMOOR INTERCHANGE PROJECT PHASE 2B • SCOPE OF WORK • AUGUST 10, 2022 1 BROADMOOR INTERCHANGE PROJECT PHASE 2B – SCOPE OF WORK DATE: August 10, 2022 TO: Steve Worley | City of Pasco FROM: Aaron Berger, PE | DKS Associates Richard Hutchinson, PE | DKS Associates Justin Sheets, PE | DKS Associates SUBJECT: Broadmoor Interchange Project DRAFT Phase 2B Scope of Work Project #21x06-725 SCOPE OF WORK INTRODUCTION The I-182/Broadmoor Boulevard interchange design project is intended to identify, recommend, and design a solution that addresses the short and long-term interchange needs for all modes of travel. The design for the I-182/Broadmoor Boulevard interchange project will consists of two phases: Phase 1: Access Revision Report (ARR) and Initial Environmental Permitting Process – Partially Compete Phase 2: Interchange Design – broken into multiple sub-phases (A & B) Phase 1 of the project included the Access Revision Report, the design alternatives evaluation and selection required by WSDOT and FHWA for a project that makes any access change to an interstate interchange. The outcome of the ARR process is a “Preferred Alternative” conceptual design, which is then approved by FHWA and WSDOT. The ARR documentation is complete, and currently in the review and approval process with FHWA and WSDOT. In addition, Phase 1 of the project included the Environmental Permitting process. The NEPA discipline reports are currently underway based on the Preferred Alternative identified in the ARR. This scope of work (titled Phase 2B) addresses the remaining tasks required to complete the full design of the following components of the Preferred Alternative identified in Phase 1 of the project: •I-182 Deceleration Lane at existing eastbound off-ramp to Broadmoor Blvd •I-182 Eastbound Loop Ramp to northbound Broadmoor Boulevard •I-182 Eastbound Ramp terminal New Roundabout EXHIBIT A Page 48 of 354 BROADMOOR INTERCHANGE PROJECT PHASE 2B • SCOPE OF WORK • AUGUST 10, 2022 2 • Broadmoor Blvd re-striping to add a temporary bike/ped connection through the I-182 interchange This scope of work also includes the preliminary engineering needed to complete the anticipated NEPA Categorical Exclusion for the Preferred Alternative identified in Phase 1. The Preliminary design elements included in this scope of work to complete the NEPA process includes the following: • New ped/bike bridge and path along Broadmoor Blvd through the I-182 interchange PHYSICAL PROJECT LIMITS For the purposes of this scope of work, the project limits are confined to the areas shown in Exhibit 1 as the preferred alternative from the Broadmoor Interchange ARR. The elements of the Preferred Alternative shown in blue will be advanced through final design in the scope of work, and the elements shown in green and yellow will be advanced through preliminary design to an extent sufficient to support the complete of the NEPA documentation. EXHIBIT 1 Page 49 of 354 BROADMOOR INTERCHANGE PROJECT PHASE 2B • SCOPE OF WORK • AUGUST 10, 2022 3 SCOPE OF WORK This Scope of Work (SOW) details work elements needed to support the CITY in completing the design work for the interchange modifications at I-182 and Broadmoor Boulevard. This SOW shall consist of the following major work elements. • Work Element 1 – Project Management • Work Element 2 – Survey (completed in Phase 2A, not used in Phase 2B) • Work Element 3 – Geotechnical Investigation • Work Element 4 – Civil Design • Work Element 5 – Structural Design • Work Element 6 – Traffic Design • Work Element 7 – WSDOT Documentation Page 50 of 354 BROADMOOR INTERCHANGE PROJECT PHASE 2B • SCOPE OF WORK • AUGUST 10, 2022 4 WORK TASKS 1 PROJECT MANAGEMENT 1.1 MONTHLY PROGRESS REPORTS AND BILLINGS The CONSULTANT shall prepare monthly progress reports, in a form approved by the CITY, that outlines in written and graphical forms the various phases of the work, and the order of performance, in sufficient detail so that the progress of the work can be easily evaluated. These reports shall: • Highlight project milestones • Target potential problem areas needing special attention or coordination prior to delays occurring and provide a proposal for addressing problem areas • Outline activities planned for the next period • Compare actual work progress with contractual obligations • Show work complete (%) versus budget expended (%) for major tasks Progress reports shall include current scheduling reports, indicating all progress to date and resources expended. Progress shall be monitored and reported in diagram and quantitative forms to present a clear, concise, and understandable picture of the project status. This update shall also include any changes in schedule, sequence, or resource loading. If any schedule delays have occurred, a plan for bringing the work back on schedule, and back on budget, shall be included. Invoices shall be prepared by the CONSULTANT in a form and detail as approved by the CITY, and submitted on a monthly basis. These shall be supported by detailed record keeping closely tracking the project budget and expenditures. Deliverable(s) • Monthly progress reports, incorporating project schedule revisions as appropriate (electronic copy) • Monthly invoices 1.2 PROJECT ADMINISTRATION The CONSULTANT shall coordinate with SUBCONSULTANTs regarding contracting procedures, shall prepare and execute contracts with individual SUBCONSULTANTs, and shall address contract- related issues with the SUBCONSULTANTs as they arise during the project. As part of this task, the CONSULTANT shall also provide as-needed support to the CITY in the internal administration functions of the PROJECT. Page 51 of 354 BROADMOOR INTERCHANGE PROJECT PHASE 2B • SCOPE OF WORK • AUGUST 10, 2022 5 1.3 PROJECT SCHEDULE The CONSULTANT shall prepare a project schedule that includes completion of all items identified in this SOW. The CONSULTANT shall prepare a draft project schedule for the CITY to review. Following the CITY’s review, the CONSULTANT shall prepare a final project schedule that incorporates CITY comments. The CONSULTANT’s project manager shall conduct the project tracking, document control, and coordination efforts necessary for project execution. These efforts shall include the continuous tracking of schedules, budgets, and products; coordination with SUBCONSULTANTs relating to work in progress; and coordination with WSDOT and FHWA. Deliverable(s) • Draft project schedule • Final project schedule 1.4 PROJECT KICK-OFF MEETING The CONSULTANT shall prepare for and attend the project kick-off meeting with Pasco. This meeting will include video conferencing options for project stakeholder attendees. The CITY will coordinate the meeting and will invite agency staff as needed. The CONSULTANT will prepare the meeting agenda and meeting materials. Assumptions • Meeting duration will be two hours • Meeting will be held in-person in Pasco and will include remote web-conferencing services Deliverable(s) • Project kick-off meeting attended in person by up to 4 members of the CONSULTANT team 1.5 PMT CHECK-INS The CONSULTANT shall host weekly 30-minute project management team meetings with CITY and as needed other project stakeholder staff to provide an update on progress and review field permitting requirements. The CONSULTANT shall also use these meetings to apprise the City project manager of ongoing work tasks, upcoming review periods, schedule changes, and other project management related items. Assumptions • Meetings will be attended by the CONSULTANT Project Manager or Deputy Project Manager, and Civil Design Manager • Meeting durations will be 0.5 hours Deliverable(s) Page 52 of 354 BROADMOOR INTERCHANGE PROJECT PHASE 2B • SCOPE OF WORK • AUGUST 10, 2022 6 • Weekly project management check-in meetings hosted by the CONSULTANT via video conferencing. 2 SURVEY Project survey was completed in Phase 2A of this project. No additional survey work is anticipated to be needed for Phase 2B. 3 GEOTECHNICAL 3.1 GEOTECHNICAL DESIGN COORDINATION 3.1.1 TASK ADMINISTRATION – GEOTECHNICAL Complete invoicing, and budget and schedule tracking specific to the Geotechnical design project tasks. Invoicing procedures for the geotechnical tasks will follow the guidance outlined in Tasks 1.1, and the geotechnical team will provide input and updates to the project schedule as described in Task 1.3. Deliverable(s) • Geotechnical Task Administration through submittal of the Final Plan Set 3.1.2 PROJECT MEETINGS - GEOTECHNICAL The Geotechnical Design team will attend and participate in the team and stakeholder meetings outlined in Tasks 1.4 and 1.5 of this scope of work on an as-needed basis. Attendance in additional project meetings related to specific project design deliverables is covered by the scope for those deliverables. Assumptions • Virtual (web-based) attendance is assumed for the Geotechnical Team members in the project kick-off and team coordination meetings • The Geotechnical Design Team shall be represented by one member at the Project Kick-off Meeting • One member of the Geotechnical Design Team shall attend up to 12 weekly coordination meetings at the request of the CONSULTANT Project Manager over the duration of the project, with an assumed project duration of 12 months Deliverable(s) • Attendance in the Phase 2B kick-off and as requested at regular team coordination meetings 3.2 GEOTECHNICAL DESIGN SUPPORT Page 53 of 354 BROADMOOR INTERCHANGE PROJECT PHASE 2B • SCOPE OF WORK • AUGUST 10, 2022 7 The CONSULTANT will conduct additional subsurface explorations to assist with design of the following project elements: • A new overhead sign bridge on I-182 • Proposed luminaires associated with the new roundabout at the I-182 eastbound ramp terminal at Broadmoor Boulevard The CONSULTANT shall provide geotechnical recommendations for the design and construction of these elements. In addition, the geotechnical team shall provide consultative geotechnical support for the project, including: • Support on the design of retaining walls or steepened slopes • Preliminary recommendations for bridge foundation concepts • Geotechnical design recommendations for sign bridge and luminaire foundations. • If requested by WSDOT, the CONSULTANT shall collect suspect asbestos containing material (ACM) bulk samples to determine whether asbestos abatement and disposal is needed to meet National Emissions Standards for Hazardous Air Pollutants (NESHAPS) requirements for the project The CONSULTANT shall provide preliminary recommendations via short memoranda or emails, and the results of all new borings and corresponding recommendations shall be incorporated into the current draft geotechnical report developed in Phase 2A of the project. ASSUMPTIONS • Field exploration activities (i.e. drilling) will be completed before December 2022 or after March 2023. Winter drilling is not planned. • The CONSULTANT shall make an initial site visit to mark boring locations and contact with one- call utility notification system in accordance with applicable State of Washington regulations. • The CONSULTANT shall be responsible for the traffic control and right-of-way permitting associated with the new borings • The CONSULTANT shall explore soil and groundwater conditions near the location of a proposed overhead sign bridge by drilling up to two borings using a truck-mounted drill rig. The borings will be drilled to depths of about 20 to 30 feet below site grade. Soil samples will be collected at approximate 21⁄2- to 5-foot-depth intervals using a split barrel sampler. • The CONSULTANT shall explore soil and groundwater conditions near two representative locations of proposed luminaires located near the intersection of the eastbound ramps and Broadmoor Boulevard by drilling borings using a truck-mounted drill rig. The borings will be advanced to depths of about 20 feet below site grade. Soil samples will be collected at approximate 21⁄2- to 5-foot-depth intervals using a split barrel sampler. • Temporary traffic control for drilling will include signs, cones/tubular markers, and an attenuator truck for temporary shoulder closures. Lane closures will not be required or allowed. Deliverables Page 54 of 354 BROADMOOR INTERCHANGE PROJECT PHASE 2B • SCOPE OF WORK • AUGUST 10, 2022 8 • Up to four additional borings • Revised and Final Geotechnical Investigation Report • Draft and Final Pavement Design Recommendations Memorandum 3.3 PAVEMENT DESIGN REPORT The CONSULTANT shall develop pavement designs for the following project elements: • New I-182 deceleration lane at I-182 Eastbound off-ramp • New I-182 eastbound loop off-ramp • New Roundabout at the I-182 Eastbound Ramps/Broadmoor Boulevard intersection The pavement designs shall be developed in accordance with WSDOT Pavement Policy. The CONSULTANT shall compile a Pavement Design Report that summarizes the existing pavement and site conditions, includes discussion of special features or problems, and provides pavement design/rehabilitation requirements. The Pavement Design Report shall be compiled in accordance with Section 9 of the WSDOT Pavement Policy, and shall include the following four key elements: • Description of project • Evaluation of conditions at the project site • Pavement thickness design • Specific geotechnical design details The Pavement Design Report shall be submitted as part of the 30% Design Submittal (Task 4.2). ASSUMPTIONS • The CONSULTANT will prepare a hot-mix asphalt (HMA) and portland concrete cement (PCC) pavement section alternative for each of the project elements referenced in Section 3.3. • Pavement thickness design will be completed using AASHTO 93 procedures. • A life-cycle cost analysis will be completed by WSDOT and/or the CITY for specific project elements, as needed. • Traffic information including: equivalent single axle load (ESAL) information, a breakout of vehicle types; projected growth rate and design life will be provided to the CONSULTANT. • The Pavement Design Report shall be submitted as part of the 30% Design Submittal (Task 4.2) Deliverables • Draft and Final Pavement Design Report 4 CIVIL DESIGN 4.1 CIVIL DESIGN COORDINATION 4.1.1 TASK ADMINISTRATION – CIVIL AND STRUCTURAL Page 55 of 354 BROADMOOR INTERCHANGE PROJECT PHASE 2B • SCOPE OF WORK • AUGUST 10, 2022 9 Complete invoicing, and budget and schedule tracking specific to the civil and structural design project tasks. Invoicing procedures for the civil and structural tasks will follow the guidance outlined in Tasks 1.1, and the civil and structural team will provide input and updates to the project schedule as described in Task 1.3. Assumptions • The Civil and Structural task administration is combined in this task Deliverable(s) • Civil and Structural Task Administration through submittal of the Final Plan Set 4.1.2 PROJECT MEETINGS - CIVIL The Civil Design team will attend and participate in the team and stakeholder meetings outlined in Tasks 1.4 and 1.5 of this scope of work. Attendance in additional project meetings related to specific project design deliverables is covered by the scope for those deliverables. Assumptions • Virtual (web-based) attendance is assumed for Civil Design Team members in the project kick- off and team coordination meetings • The Civil Design Team shall be represented by up to three team members at the Project Kick-off Meeting • Up to three members of the Civil Design Team shall attend weekly coordination meetings over the duration of the project, with an assumed project duration of 10 months Deliverable(s) • Attendance in the Phase 2B kick-off and regular team coordination meetings 4.1.3 UTILITY DESIGN COORDINATION The CONSULTANT shall review and identify existing utilities in the project limits area and prepare a list of utilities that may conflict with the proposed improvements. The CONSULTANT shall coordinate directly with the affected utilities for relocation and reviews. Site preparation and utility relocation/adjustment will be shown on the plan/profile sheets. The CONSULANT shall lead the utility coordination on behalf of the City of Pasco and will contact applicable utility districts and/or companies to confirm existing facilities, relocation requirements or protection methods, schedules, assessments, and fees necessary for obtaining construction approvals including coordination of any City and State franchise agreements already in place. Deliverable(s) • As needed utility coordination meetings and correspondence throughout the development and completion of the final plan set 4.2 30% DESIGN CIVIL PLANS Page 56 of 354 BROADMOOR INTERCHANGE PROJECT PHASE 2B • SCOPE OF WORK • AUGUST 10, 2022 10 The CONSULTANT shall develop 30% design civil plans and details for the following: • New I-182 deceleration lane at I-182 Eastbound off-ramp • New I-182 eastbound loop off-ramp • New Roundabout at the I-182 Eastbound Ramps/Broadmoor Boulevard intersection • Re-striping and channelization of Broadmoor Boulevard between the I-182 ramp terminals The 30% Design civil plans will be developed following the WSDOT Plan Preparation Plan Manual where needed. The 30% Design civil plans shall include the following: • Index/Vicinity Map • Legend and Survey Control • Summary of Quantities • Roadway Sections • Alignment & ROW Plan • Site Preparation Plan • Profiles/Superelevation • Roadway, Paving, ADA, and Barrier Details • Drainage & Grading Plan • Drainage Profile Plan • Retaining Wall Layout • Utility Coordination Plans • Typical Sections • 50-foot Earthwork Cross-sections In addition, the CONSULTANT shall develop a Civil 3D surface model that includes all the identified project elements. The CONSULTANT shall develop civil design cost estimates in unit bid format based on the 30% Civil Design plans. The CONSULANT shall perform QA/QC on the full 30% Design Submittal package. The 30% Design Civil plans and cost estimate will be submitted to the CITY and WSDOT for review. The CONSULTANT shall develop a draft Storm Drainage Technical Information Report (TIR). Stormwater Management criteria shall be developed per WSDOT and CITY drainage code requirements. The CONSULTANT team’s drainage engineer will meet with City and State staff to review and discuss existing and future proposed project drainage conditions, including any known deficiencies, and potential drainage solutions for mitigating stormwater runoff to be implemented by the project. The CONSULTANT shall review requirements and confirm the need to prepare a Construction General Stormwater Permit for the proposed project improvements to be conveyed over to the Contractor after NTP. In addition, the CONSULTANT shall refine the preliminary alignment, profile, and footprint for the following: Page 57 of 354 BROADMOOR INTERCHANGE PROJECT PHASE 2B • SCOPE OF WORK • AUGUST 10, 2022 11 • New Roundabout at the I-182 Westbound Ramps/Broadmoor Boulevard intersection The roundabout design will be refined to the level of alignment, profile, and footprint extents to support the Noise modeling required to complete the Noise Discipline Report for the project NEPA documentation. Assumptions • WSDOT review of the 30% Design Civil plans is assumed to be three weeks • Back-up calculations/figures will be provided for the various civil bid items • The 30% Traffic Design Cost Estimate from Task 6.2 and 30% Structural Cost Estimates from Task 5.2 will be combined with the 30% Design Civil Cost Estimate and delivered as a single 30% Design cost estimate • The 30% Traffic Design Plans and 30% Structural Design Plans will be combined with the 30% Civil Design Plan and delivered to WSDOT and the CITY for review as a single 30% Design package • All work will be completed in AutoCAD 2020, Civil 3D 2020, with no MicroStation conversion required • No ROW acquisition is assumed to be required on this project • Based on preliminary Geotechnical investigation, direct filtration is assumed to be feasible and no water quality or detention ponds are assumed to be needed • No concrete pavement needed for project (roundabout lanes to be HMA) • Paving section will be assumed for the 30% Submittal • No TESC Plans or Details assumed for the 30% Submittal, but a cost estimate for TESC will be included • ADA Memo, including maximum extents feasible will not be included in the 30% Submittal • Haul Route Figures/Diagrams will not be required. • 30% Plans will be developed concurrently with the Channelization Plans for Approval (Task 6.7.1). It is assumed the approved channelization plans may require significant changes to the design after the 30% submittal. Deliverable(s) • 30% Design Plan Set • 30% Design Cost Estimates • Civil 3D model of the preliminary design for the I-182 Westbound Ramps/Broadmoor Boulevard Roundabout • Draft and Final Storm Drainage Technical Information Report 4.3 60% DESIGN CIVIL PLANS The CONSULTANT shall develop 60% design civil plans and details for the following: • New I-182 deceleration lane at I-182 Eastbound off-ramp • New I-182 eastbound loop off-ramp Page 58 of 354 BROADMOOR INTERCHANGE PROJECT PHASE 2B • SCOPE OF WORK • AUGUST 10, 2022 12 • New Roundabout at the I-182 Eastbound Ramps/Broadmoor Boulevard intersection • Re-striping and channelization of Broadmoor Boulevard between the I-182 ramp terminals The 60% Design civil plans will be developed following the WSDOT Plan Preparation Plan Manual where needed. The 60% Design civil plans shall include all the plan and details identified in Task 4.2. The CONSULTANT shall develop civil contract specifications based on WSDOT/APWA Standard format, including Local Agency GSP’s as applicable. Specifications will include General Special Provisions and Project Specific Special Provision, based on the latest WSDOT specifications at time of the 60% Design submittal. The CONSULTANT shall combine the Civil, Structural, and Traffic Special Provisions into a single package for the 60% submittal. The CONSULTANT shall update the Civil 3D surface model that includes all the identified project elements. The CONSULTANT shall develop civil design cost estimates in unit bid format based on the 60% Civil Design plans. The CONSULANT shall perform QA/QC on the full 60% Design Submittal package. The 60% Design Civil plans and cost estimate will be submitted to the CITY and WSDOT for review. The CONSULANT shall draft an ADA Memo, presenting the maximum extents feasible. The draft ADA Memo shall be submitted to WSDOT and the CITY for review. Assumptions • WSDOT review of the 60% Design Civil plans is assumed to be three weeks • Back-up calculations/figures will be provided for the various civil bid items • The 60% Traffic Design Cost Estimate from Task 6.3 and 60% Structural Cost Estimates from Task 5.3 will be combined with the 60% Design Civil Cost Estimate and delivered as a single 60% Design cost estimate • The 60% Traffic Design Plans and 60% Structural Design Plans will be combined with the 60% Civil Design Plan and delivered to WSDOT and the CITY for review as a single 60% Design package • All work will be completed in AutoCAD 2020, Civil 3D 2020, with no MicroStation conversion required • No ROW acquisition is assumed to be required on this project • Based on preliminary Geotechnical investigation, direct filtration is assumed to be feasible and no water quality or detention ponds are assumed to be needed • No concrete pavement needed for project (roundabout lanes to be HMA) • Paving section will be updated based on the Geotechnical analysis performed in Task 3.x. • No TESC Plans or Details assumed for the 60% Submittal • Haul Route Figures/Diagrams will not be required. Deliverable(s) • 60% Design Plan Set • 60% Design Cost Estimates Page 59 of 354 BROADMOOR INTERCHANGE PROJECT PHASE 2B • SCOPE OF WORK • AUGUST 10, 2022 13 • 60% Design Special Provisions • Draft ADA Memo 4.4 90% DESIGN CIVIL PLANS The CONSULTANT shall develop 90% design civil plans and details for the following: • New I-182 deceleration lane at I-182 Eastbound off-ramp • New I-182 eastbound loop off-ramp • New Roundabout at the I-182 Eastbound Ramps/Broadmoor Boulevard intersection • Re-striping and channelization of Broadmoor Boulevard between the I-182 ramp terminals The 90% Design civil plans will be developed following the WSDOT Plan Preparation Plan Manual where needed. The 90% Design civil plans shall include all the plan sheets and details identified in Task 4.2, as well as the following: • TESC Plans, Notes, and Details The CONSULTANT shall develop civil contract specifications based on WSDOT/APWA Standard format, including Local Agency GSP’s as applicable. Specifications will include General Special Provisions and Project Specific Special Provision, based on the latest WSDOT specifications at time of the 90% Design submittal. The CONSULTANT shall combine the Civil, Structural, and Traffic Special Provisions into a single package for the 90% submittal. The CONSULTANT shall update the Civil 3D surface model that includes all the identified project elements. The CONSULTANT shall develop civil design cost estimates in unit bid format based on the 90% Civil Design plans. The CONSULANT shall perform QA/QC on the full 90% Design Submittal package. The 90% Design Civil plans and cost estimate will be submitted to the CITY and WSDOT for review. In addition, the CONSULTANT shall update and finalize the Storm Drainage Technical Information Report (TIR). The CONSULTANT shall also finalize the ADA Memo. Assumptions • WSDOT review of the 90% Design Civil plans is assumed to be three weeks • Back-up calculations/figures will be provided for the various civil bid items • The 90% Traffic Design Cost Estimate from Task 6.4 and 90% Structural Cost Estimates from Task 5.4 will be combined with the 90% Design Civil Cost Estimate and delivered as a single 90% Design cost estimate • The 90% Traffic Design Plans and 90% Structural Design Plans will be combined with the 90% Civil Design Plan and delivered to WSDOT and the CITY for review as a single 90% Design package • All work will be completed in AutoCAD 2020, Civil 3D 2020, with no MicroStation conversion required Page 60 of 354 BROADMOOR INTERCHANGE PROJECT PHASE 2B • SCOPE OF WORK • AUGUST 10, 2022 14 • No ROW acquisition is assumed to be required on this project • Based on preliminary Geotechnical investigation, direct filtration is assumed to be feasible and no water quality or detention ponds are assumed to be needed • No concrete pavement needed for project (roundabout lanes to be HMA) • Haul Route Figures/Diagrams will not be required. Deliverable(s) • 90% Design Plan Set • 90% Design Cost Estimates • 90% Design Special Provisions • Final Storm Drainage Technical Information Report • Final ADA Memo 4.5 100% DESIGN CIVIL PLANS The CONSULTANT shall develop 100% design civil plans and details for the following: • New I-182 deceleration lane at I-182 Eastbound off-ramp • New I-182 eastbound loop off-ramp • New Roundabout at the I-182 Eastbound Ramps/Broadmoor Boulevard intersection • Re-striping and channelization of Broadmoor Boulevard between the I-182 ramp terminals The 100% Design civil plans will be developed following the WSDOT Plan Preparation Plan Manual where needed. The 100% Design civil plans shall include all the plan sheets and details identified in tasks 4.2 and 4.4. The CONSULTANT shall develop civil contract specifications based on WSDOT/APWA Standard format, including Local Agency GSP’s as applicable. Specifications will include General Special Provisions and Project Specific Special Provision, based on the latest WSDOT specifications at time of the 100% Design submittal. The CONSULTANT shall combine the Civil, Structural, and Traffic Special Provisions into a single package for the 100% submittal. The CONSULTANT shall update the Civil 3D surface model that includes all the identified project elements. The CONSULTANT shall develop civil design cost estimates in unit bid format based on the 100% Civil Design plans. The CONSULANT shall perform QA/QC on the full 100% Design Submittal package. The 100% Design Civil plans and cost estimate will be submitted to the CITY and WSDOT for review. Assumptions • WSDOT review of the 100% Design Civil plans is assumed to be three weeks • Back-up calculations/figures will be provided for the various civil bid items • The 100% Traffic Design Cost Estimate from Task 6.5 and 100% Structural Cost Estimates from Task 5.5 will be combined with the 100% Design Civil Cost Estimate and delivered as a single 100% Design cost estimate Page 61 of 354 BROADMOOR INTERCHANGE PROJECT PHASE 2B • SCOPE OF WORK • AUGUST 10, 2022 15 • The 100% Traffic Design Plans and 100% Structural Design Plans will be combined with the 100% Civil Design Plan and delivered to WSDOT and the CITY for review as a single 100% Design package • All work will be completed in AutoCAD 2020, Civil 3D 2020, with no MicroStation conversion required • No ROW acquisition is assumed to be required on this project • Based on preliminary Geotechnical investigation, direct filtration is assumed to be feasible and no water quality or detention ponds are assumed to be needed • No concrete pavement needed for project (roundabout lanes to be HMA) • Haul Route Figures/Diagrams will not be required. Deliverable(s) • 100% Design Plan Set • 100% Design Cost Estimates • 100% Design Special Provisions 4.6 FINAL PLANS/BID SET SUBMITTAL After addressing any comments by WSDOT, FHWA, and the CITY on the revisions included in the 100% Civil Design plan set (Task 4.5), the CONSULTANT shall compile the Final civil bid plan set for the following: • New I-182 deceleration lane at I-182 Eastbound off-ramp • New I-182 eastbound loop off-ramp • New Roundabout at the I-182 Eastbound Ramps/Broadmoor Boulevard intersection • Re-striping and channelization of Broadmoor Boulevard between the I-182 ramp terminals The Final civil plans will follow the WSDOT Plan Preparation Plan Manual where needed. The final civil plans shall include all the plan sheets and details identified in tasks 4.2 and 4.4. The CONSULTANT shall update the civil contract specifications based on WSDOT/APWA Standard format, including Local Agency GSP’s as applicable. Specifications will include General Special Provisions and Project Specific Special Provision, based on the latest WSDOT specifications at time of the Final plans submittal. The CONSULTANT shall combine the Civil, Structural, and Traffic Special Provisions into a single package for the Final plans submittal. The CONSULTANT shall update civil design cost estimates in unit bid format based on the Final Civil Design plans. The CONSULANT shall perform QA/QC on the full Final Plans Design Submittal package. The Final Design Civil plans and cost estimate will be submitted to the CITY and WSDOT as part of the project bid package. Assumptions • Back-up calculations/figures will be provided for the various civil bid items Page 62 of 354 BROADMOOR INTERCHANGE PROJECT PHASE 2B • SCOPE OF WORK • AUGUST 10, 2022 16 • The Final Traffic Design Cost Estimate from Task 6.6 and Final Structural Cost Estimates from Task 5.6 will be combined with the Final Design Civil Cost Estimate and delivered as a single bid cost estimate • The Final Traffic Design Plans and Final Structural Design Plans will be combined with the Final Civil Design Plan and delivered to WSDOT and the CITY as a single bid plan set • All work will be completed in AutoCAD 2020, Civil 3D 2020, with no MicroStation conversion required • Haul Route Figures/Diagrams will not be required. Deliverable(s) • Final Project Plan Set • Final Project Bid Cost Estimates • Final Project Special Provisions 4.7 DESIGN APPROVAL SUPPORT The CONSULTANT shall compile the project documents as to support the Design Approval process: • Basis of Design Report • Design Parameters Sheets • Maximum Extent Feasible The CONSULTANT shall finalize the Basis of Design Document and Design Parameters Sheets developed in Phase 1 of the Project upon the completion of the 90% Design in tasks 3.2, 4.2, 5.2, and 6.2. The CONSULTANT shall complete the Maximum Extent Feasible worksheets following the completion of the 90% Design package. The Consultant shall also compile a Clear Zone Inventory for the project limits, and fastest path turning movement figures. Assumptions • The Preliminary Basis of Design and Design Parameters Sheets will be submitted to WSDOT as part of Phase 1 of the project Deliverable(s) • Draft and Final Basis of Design Report/Checklist • Draft and Final Design Parameters Sheets • Draft and Final Maximum Extent Feasible Worksheets • Draft and Final Clear Zone Inventory Page 63 of 354 BROADMOOR INTERCHANGE PROJECT PHASE 2B • SCOPE OF WORK • AUGUST 10, 2022 17 5 STRUCTRUAL DESIGN 5.1 STRUCTURAL DESIGN COORDINATION The Structural Design team will attend and participate in the team and stakeholder meetings outlined in Tasks 1.4 and 1.5 of this scope of work. Attendance in additional project meetings related to specific project design deliverables is covered by the scope for those deliverables. Assumptions • Virtual (web-based) attendance is assumed for Structural Design Team members in the project kick-off and team coordination meetings • The Structural Design Team shall be represented by up to two team members at the Project Kick-off Meeting • One member of the Civil Design Team shall attend weekly coordination meetings over the duration of the project on an as-needed basis, with an assumed project duration of 10 months Deliverable(s) • Attendance in the Phase 2B kick-off and regular team coordination meetings 5.2 30% DESIGN STRUCTURAL PLANS The CONSULTANT shall develop 30% design structural plans and details supporting the following project elements: • New I-182 deceleration lane at I-182 Eastbound off-ramp • New I-182 eastbound loop off-ramp • New Roundabout at the I-182 Eastbound Ramps/Broadmoor Boulevard intersection • Re-striping and channelization of Broadmoor Boulevard between the I-182 ramp terminals The 30% Design structural plans will be developed following the WSDOT Plan Preparation Manual where needed. The 30% Design structural plans shall include the following: • Retaining Wall Plans and Details • Sign Structure Plans and Details • Bridge Barrier Retrofit Details In addition, the CONSULTANT shall develop structural layout plans for the following future phase of the project (Phase 1B): • New Pedestrian bridge over I-182 on the west side of Broadmoor Boulevard The structural design for the pedestrian bridge will be include the following preliminary plan set: • Bridge Layout Sheet • General Notes and Bridge Typical Sections Page 64 of 354 BROADMOOR INTERCHANGE PROJECT PHASE 2B • SCOPE OF WORK • AUGUST 10, 2022 18 • Structural Details The CONSULANT shall also conduct a bridge capacity analysis to assess the structural feasibility of shifting the exiting lanes on the Broadmoor Boulevard bridge to the east to accommodate a temporary bicycle and pedestrian facility on the west side of the existing structure. All structural calculations will be based on Pasco, WSDOT and AASHTO standards. The findings from the structural feasibility analysis will be summarized in a technical memorandum, with the calculations attached as appendices. The CONSULTANT shall develop the structural cost estimates in unit bid format based on the 30% Structural Design Plans. The CONSULTANT will follow WSDOT’s Plan Preparation Manual, where needed. City of Pasco Standard Drawings and WSDOT Standard Plans will be inserted into the contract specifications as an appendix as applicable. Quantities for each structural bid item will be compiled into a 30% Design Structural Cost estimate. Back-up calculations/figures will be provided for the various structural bid items. Assumptions • WSDOT review of the 30% Structural Design plans is assumed to be three weeks • Back-up calculations/figures will be provided for the various structural bid items • The 30% Structural Design Plan set will be delivered as part of the full 30% Design Package, as described in Task 4.2 • The 30% Structural Design Cost Estimates will be delivered as part of the full 30% Design Cost Estimate, as described in Task 4.2 • The structural design plans shall include the followings: o Up to three retaining wall plan sheets o Up to two retaining wall detail sheets o One sign bridge plan and detail o Broadmoor Boulevard bridge barrier retrofit details supporting the temporary bike/ped facility • All structural CAD work will be completed in AutoCAD 2019, Civil 3D 2019, with no MicroStation conversion required Deliverable(s) • 30% Design Retaining Wall Plans and Details • 30% Design Sign Structure Plans and Details • 30% Design Structural Cost Estimates • 30% Design Bridge Barrier Retrofit Details • 30% Design Structural Calculation Package • Pedestrian Bridge Structural Layout Plans and Details • Draft Bridge Structural Capacity Analysis Memorandum 5.3 60% DESIGN STRUCTURAL PLANS Page 65 of 354 BROADMOOR INTERCHANGE PROJECT PHASE 2B • SCOPE OF WORK • AUGUST 10, 2022 19 The CONSULTANT shall develop 60% design structural plans and details supporting the following project elements: • New I-182 deceleration lane at I-182 Eastbound off-ramp • New I-182 eastbound loop off-ramp • New Roundabout at the I-182 Eastbound Ramps/Broadmoor Boulevard intersection • Re-striping and channelization of Broadmoor Boulevard between the I-182 ramp terminals The 60% Design structural plans will be developed following the WSDOT Plan Preparation Manual where needed. The 60% Design structural plans shall include plan and detail sheets outline in Task 5.2. The CONSULANT shall finalize the memorandum for the structural feasibility of shifting the exiting lanes on the Broadmoor Boulevard bridge to the east to accommodate a temporary bicycle and pedestrian facility on the west side of the existing structure. The CONSULTANT shall develop the structural cost estimates in unit bid format based on the 60% Structural Design Plans. The CONSULTANT will follow WSDOT’s Plan Preparation Manual, where needed. City of Pasco Standard Drawings and WSDOT Standard Plans will be inserted into the contract specifications as an appendix as applicable. Contract specifications will be developed based on WSDOT/APWA format. Specifications will include General Special Provisions and Project Specific Special Provisions, based on the latest WSDOT specifications at time of Final milestone submittal. Quantities for each structural bid item will be compiled into a 60% Design Structural Cost estimate. Back-up calculations/figures will be provided for the various structural bid items. Assumptions • WSDOT review of the 60% Structural Design plans is assumed to be three weeks • Back-up calculations/figures will be provided for the various structural bid items • The 60% Structural Design Plan set will be delivered as part of the full 60% Design Package, as described in Task 4.3 • The 60% Structural Design Cost Estimates will be delivered as part of the full 60% Design Cost Estimate, as described in Task 4.3 • The structural design plans shall include the followings: o Up to three retaining wall plan sheets o Up to two retaining wall detail sheets o One sign bridge plan and detail o Broadmoor Boulevard bridge barrier retrofit details supporting the temporary bike/ped facility • All structural CAD work will be completed in AutoCAD 2019, Civil 3D 2019, with no MicroStation conversion required Deliverable(s) Page 66 of 354 BROADMOOR INTERCHANGE PROJECT PHASE 2B • SCOPE OF WORK • AUGUST 10, 2022 20 • 60% Design Retaining Wall Plans and Details • 60% Design Sign Structure Plans and Details • 60% Design Structural Cost Estimates • 60% Design Bridge Barrier Retrofit Details • 60% Design Structural Calculation Package • Final Bridge Structural Capacity Analysis Memorandum 5.4 90% DESIGN STRUCTURAL PLANS The CONSULTANT shall develop 90% design structural plans and details supporting the following project elements: • New I-182 deceleration lane at I-182 Eastbound off-ramp • New I-182 eastbound loop off-ramp • New Roundabout at the I-182 Eastbound Ramps/Broadmoor Boulevard intersection • Re-striping and channelization of Broadmoor Boulevard between the I-182 ramp terminals The 90% Design structural plans will be developed following the WSDOT Plan Preparation Manual where needed. The 90% Design structural plans shall include plan and detail sheets outline in Task 5.2. The CONSULTANT shall develop the structural cost estimates in unit bid format based on the 90% Structural Design Plans. The CONSULTANT will follow WSDOT’s Plan Preparation Manual, where needed. City of Pasco Standard Drawings and WSDOT Standard Plans will be inserted into the contract specifications as an appendix as applicable. Contract specifications will be developed based on WSDOT/APWA format. Specifications will include General Special Provisions and Project Specific Special Provisions, based on the latest WSDOT specifications at time of Final milestone submittal. Quantities for each structural bid item will be compiled into a 90% Design Structural Cost estimate. Back-up calculations/figures will be provided for the various structural bid items. Assumptions • WSDOT review of the 90% Structural Design plans is assumed to be three weeks • Back-up calculations/figures will be provided for the various structural bid items • The 90% Structural Design Plan set will be delivered as part of the full 60% Design Package, as described in Task 4.4 • The 90% Structural Design Cost Estimates will be delivered as part of the full 60% Design Cost Estimate, as described in Task 4.4 • The structural design plans shall include the followings: o Up to three retaining wall plan sheets o Up to two retaining wall detail sheets Page 67 of 354 BROADMOOR INTERCHANGE PROJECT PHASE 2B • SCOPE OF WORK • AUGUST 10, 2022 21 o One sign bridge plan and detail o Broadmoor Boulevard bridge barrier retrofit details supporting the temporary bike/ped facility • All structural CAD work will be completed in AutoCAD 2019, Civil 3D 2019, with no MicroStation conversion required Deliverable(s) • 90% Design Retaining Wall Plans and Details • 90% Design Sign Structure Plans and Details • 90% Design Structural Cost Estimates • 90% Design Bridge Barrier Retrofit Details • 90% Design Structural Calculation Package 5.5 100% DESIGN STRUCTURAL PLANS The CONSULTANT shall develop 100% design structural plans and details supporting the following project elements: • New I-182 deceleration lane at I-182 Eastbound off-ramp • New I-182 eastbound loop off-ramp • New Roundabout at the I-182 Eastbound Ramps/Broadmoor Boulevard intersection • Re-striping and channelization of Broadmoor Boulevard between the I-182 ramp terminals The 100% Design structural plans will be developed following the WSDOT Plan Preparation Manual where needed. The 100% Design structural plans shall include plan and detail sheets outline in Task 5.2. The CONSULTANT shall develop the structural cost estimates in unit bid format based on the 100% Structural Design Plans. The CONSULTANT will follow WSDOT’s Plan Preparation Manual, where needed. City of Pasco Standard Drawings and WSDOT Standard Plans will be inserted into the contract specifications as an appendix as applicable. Contract specifications will be developed based on WSDOT/APWA format. Specifications will include General Special Provisions and Project Specific Special Provisions, based on the latest WSDOT specifications at time of Final milestone submittal. Quantities for each structural bid item will be compiled into a 100% Design Structural Cost estimate. Back-up calculations/figures will be provided for the various structural bid items. Assumptions • WSDOT review of the 100% Structural Design plans is assumed to be three weeks • Back-up calculations/figures will be provided for the various structural bid items • The 100% Structural Design Plan set will be delivered as part of the full 100% Design Package, as described in Task 4.5 Page 68 of 354 BROADMOOR INTERCHANGE PROJECT PHASE 2B • SCOPE OF WORK • AUGUST 10, 2022 22 • The 100% Structural Design Cost Estimates will be delivered as part of the full 100% Design Cost Estimate, as described in Task 4.5 • The structural design plans shall include the followings: o Up to three retaining wall plan sheets o Up to two retaining wall detail sheets o One sign bridge plan and detail o Broadmoor Boulevard bridge barrier retrofit details supporting the temporary bike/ped facility • All structural CAD work will be completed in AutoCAD 2019, Civil 3D 2019, with no MicroStation conversion required Deliverable(s) • 100% Design Retaining Wall Plans and Details • 100% Design Sign Structure Plans and Details • 100% Design Structural Cost Estimates • 100% Design Bridge Barrier Retrofit Details • 100% Design Structural Calculation Package 5.6 FINAL STRUCTRUAL PLANS/BID SET After addressing any comments by WSDOT, FHWA, and the CITY on the revisions included in the 100% Structural Design plan set (Task 5.5), the CONSULTANT shall compile the Final structural bid plan set for the following: • New I-182 deceleration lane at I-182 Eastbound off-ramp • New I-182 eastbound loop off-ramp • New Roundabout at the I-182 Eastbound Ramps/Broadmoor Boulevard intersection • Re-striping and channelization of Broadmoor Boulevard between the I-182 ramp terminals The Final structural plans will be developed following the WSDOT Plan Preparation Manual where needed. The final structural plans shall include plan and detail sheets outline in Task 5.2. The CONSULTANT shall update the structural contract specifications based on WSDOT/APWA Standard format, including Local Agency GSP’s as applicable. Specifications will include General Special Provisions and Project Specific Special Provision, based on the latest WSDOT specifications at time of the Final plans submittal. The CONSULTANT shall update the structural design cost estimates in unit bid format based on the Final Structural Design plans. The Final Design Structural plans and cost estimate will be submitted to the CITY and WSDOT as part of the project bid package. Assumptions • Back-up calculations/figures will be provided for the various structural bid items Page 69 of 354 BROADMOOR INTERCHANGE PROJECT PHASE 2B • SCOPE OF WORK • AUGUST 10, 2022 23 • The Final Structural Design Plan set will be delivered as part of the full Final Design Package, as described in Task 4.6 • The Final Structural Design Cost Estimates will be delivered as part of the full Final Design Cost Estimate, as described in Task 4.6 • All structural CAD work will be completed in AutoCAD 2019, Civil 3D 2019, with no MicroStation conversion required Deliverable(s) • Final Project Retaining Wall Plans and Details • Final Project Sign Structure Plans and Details • Final Project Structural Cost Estimates • Final Project Bridge Barrier Retrofit Details • Final Project Structural Calculation Package 6 TRAFFIC DESIGN 6.1 ROUNDABOUT WORKSHOP The CONSULTANT shall prepare and host a two-hour roundabout design workshop with City of Pasco, WSDOT, and other project stakeholders to refine the preliminary roundabout layout proposed in the Broadmoor Interchange ARR (Phase 1). This task shall be conducted during the 30% design. The CONSULANT shall prepare the appropriate analysis materials and an initial set of recommendations for the worksession, including existing and future traffic volumes, SIDRA analysis models, truck percentages, and vehicle Origin-Destination (OD) information. The outcome of the workshop will be a set of recommendations for the following elements of the I-182 Eastbound Ramp Terminal roundabout: • Lane channelization (slip lanes, etc.) • Signing and Striping concepts for multi-lane approaches • Approach speeds • Deflection angles • Pedestrian crossing treatments • Curbing and central island • Illumination The outcomes of this workshop will be incorporated into the roundabout design components of the project. Assumptions • Workshop duration will be three hours • Meeting will be held in-person in Pasco and will include remote web-conferencing services Deliverable(s) Page 70 of 354 BROADMOOR INTERCHANGE PROJECT PHASE 2B • SCOPE OF WORK • AUGUST 10, 2022 24 • Workshop attended in person by up to 5 members of the CONSULTANT team 6.2 30% DESIGN TRAFFIC PLANS The CONSULTANT shall develop 30% design traffic plans and details for the following: • I-182 deceleration lane • I-182 eastbound loop off-ramp • I-182 Eastbound Ramps/Broadmoor Boulevard intersection • Re-striping and channelization of Broadmoor Boulevard between the I-182 ramp terminals The 30% Design Traffic plans will be developed following the WSDOT Plan Preparation Plan Manual where needed. The 30% Design Traffic plans shall include the following: • Signing and Striping Plans and Details • Illumination Plans and Details • Signal Plans and Details The CONSULTANT shall develop traffic design cost estimates in unit bid format based on the 30% Traffic Design Plans. The 30% Design traffic plans and cost estimate will be submitted to the CITY and WSDOT for review. Assumptions • WSDOT review of the 30% Design Traffic Plans is assumed to be three weeks • The lighting analysis shall be performed using AGI software • Traffic Control Plans will not be included in the 30% design package • All geotechnical and structural analysis and design supporting overhead and mast-arm signs shall be performed in tasks 3.2 and 5.2, respectively • The signal design plans shall include the following for the I-182 Eastbound Ramps/Broadmoor Boulevard intersection: o Signal Removal Plans o RRFB Plans and Details o Temporary Signal Plans for the I-182 Eastbound Ramps/Broadmoor Boulevard intersection • All traffic signal plans and specifications must conform to Manual on Uniform Traffic Control Devices, WSDOT, City of Pasco, and National Electric Code standards as applicable. Consultant shall coordinate with the utility for service connections. • The 30% Traffic Design Cost Estimates will be delivered as part of the full 30% Design Cost Estimate, as described in Task 4.2 Deliverable(s) • 30% Design Signing and Striping Plans and Details • 30% Design Illumination Plans and Details • 30% Design Signal Plans and Details Page 71 of 354 BROADMOOR INTERCHANGE PROJECT PHASE 2B • SCOPE OF WORK • AUGUST 10, 2022 25 6.3 60% DESIGN TRAFFIC PLANS The CONSULTANT shall develop 60% design traffic plans and details for the following: • I-182 deceleration lane • I-182 eastbound loop off-ramp • I-182 Eastbound Ramps/Broadmoor Boulevard intersection • Re-striping and channelization of Broadmoor Boulevard between the I-182 ramp terminals The 60% Design Traffic plans will be developed following the WSDOT Plan Preparation Plan Manual where needed. The 60% Design Traffic plans shall include the plan and detail sheets outlined in Task 6.2, as well as the following: • Traffic Control and Staging Plans The CONSULTANT shall develop traffic design cost estimates in unit bid format based on the 60% Traffic Design Plans. The 60% Design traffic plans and cost estimate will be submitted to the CITY and WSDOT for review. The CONSULTANT shall develop traffic contract specifications based on WSDOT/APWA Standard format, including Local Agency GSP’s as applicable. Specifications will include General Special Provisions and Project Specific Special Provision, based on the latest WSDOT specifications at time of the 60% Design submittal. Assumptions • WSDOT review of the 60% Design Traffic Plans is assumed to be three weeks • All geotechnical and structural analysis and design supporting overhead and mast-arm signs shall be performed in tasks 3.2 and 5.3, respectively • The signal design plans shall include the following for the I-182 Eastbound Ramps/Broadmoor Boulevard intersection: o Signal Removal Plans o RRFB Plans and Details o Temporary Signal Plans for the I-182 Eastbound Ramps/Broadmoor Boulevard intersection • All traffic signal plans and specifications must conform to Manual on Uniform Traffic Control Devices, WSDOT, City of Pasco, and National Electric Code standards as applicable. Consultant shall coordinate with the utility for service connections. • The 60% Traffic Design Cost Estimates will be delivered as part of the full 60% Design Cost Estimate, as described in Task 4.3 • No detours are assumed for this project • The Traffic Special Provisions shall be combined with the Structural and Civil Special Provisions and delivered as single package for the 60% submittal under Task 4.3 Deliverable(s) • 60% Design Signing and Striping Plans and Details Page 72 of 354 BROADMOOR INTERCHANGE PROJECT PHASE 2B • SCOPE OF WORK • AUGUST 10, 2022 26 • 60% Design Illumination Plans and Details • 60% Design Signal Plans and Details • 60% Design Traffic Control Plans and Details • 60% Design Traffic Special Provisions 6.4 90% DESIGN TRAFFIC PLANS The CONSULTANT shall develop 90% design traffic plans and details for the following: • I-182 deceleration lane • I-182 eastbound loop off-ramp • I-182 Eastbound Ramps/Broadmoor Boulevard intersection • Re-striping and channelization of Broadmoor Boulevard between the I-182 ramp terminals The 90% Design Traffic plans will be developed following the WSDOT Plan Preparation Plan Manual where needed. The 90% Design Traffic plans shall include the plan and details outline in tasks 6.2 and 6.3. The CONSULTANT shall develop traffic design cost estimates in unit bid format based on the 90% Traffic Design Plans. The 90% Design traffic plans and cost estimate will be submitted to the CITY and WSDOT for review. The CONSULTANT shall update the traffic contract specifications based on WSDOT/APWA Standard format, including Local Agency GSP’s as applicable. Specifications will include General Special Provisions and Project Specific Special Provision, based on the latest WSDOT specifications at time of the 90% Design submittal. Assumptions • WSDOT review of the 90% Design Traffic Plans is assumed to be three weeks • All geotechnical and structural analysis and design supporting overhead and mast-arm signs shall be performed in tasks 3.2 and 5.4, respectively • The signal design plans shall include the following for the I-182 Eastbound Ramps/Broadmoor Boulevard intersection: o Signal Removal Plans o RRFB Plans and Details o Temporary Signal Plans for the I-182 Eastbound Ramps/Broadmoor Boulevard intersection • All traffic signal plans and specifications must conform to Manual on Uniform Traffic Control Devices, WSDOT, City of Pasco, and National Electric Code standards as applicable. Consultant shall coordinate with the utility for service connections. • The 90% Traffic Design Cost Estimates will be delivered as part of the full 90% Design Cost Estimate, as described in Task 4.4 • No detours are assumed for this project • The Traffic Special Provisions shall be combined with the Structural and Civil Special Provisions and delivered as single package for the 90% submittal under Task 4.4 Page 73 of 354 BROADMOOR INTERCHANGE PROJECT PHASE 2B • SCOPE OF WORK • AUGUST 10, 2022 27 Deliverable(s) • 90% Design Signing and Striping Plans and Details • 90% Design Illumination Plans and Details • 90% Design Signal Plans and Details • 90% Design Traffic Control Plans and Details • 90% Design Traffic Special Provisions 6.5 100% DESIGN TRAFFIC PLANS The CONSULTANT shall develop 100% design traffic plans and details for the following: • I-182 deceleration lane • I-182 eastbound loop off-ramp • I-182 Eastbound Ramps/Broadmoor Boulevard intersection • Re-striping and channelization of Broadmoor Boulevard between the I-182 ramp terminals The 100% Design Traffic plans will be developed following the WSDOT Plan Preparation Plan Manual where needed. The 100% Design Traffic plans shall include the plan and details outline in tasks 6.2 and 6.3. The CONSULTANT shall develop traffic design cost estimates in unit bid format based on the 100% Traffic Design Plans. The 100% Design traffic plans and cost estimate will be submitted to the CITY and WSDOT for review. The CONSULTANT shall update the traffic contract specifications based on WSDOT/APWA Standard format, including Local Agency GSP’s as applicable. Specifications will include General Special Provisions and Project Specific Special Provision, based on the latest WSDOT specifications at time of the 100% Design submittal. Assumptions • WSDOT review of the 100% Design Traffic Plans is assumed to be three weeks • All geotechnical and structural analysis and design supporting overhead and mast-arm signs shall be performed in tasks 3.2 and 5.5, respectively • The signal design plans shall include the following for the I-182 Eastbound Ramps/Broadmoor Boulevard intersection: o Signal Removal Plans o RRFB Plans and Details o Temporary Signal Plans for the I-182 Eastbound Ramps/Broadmoor Boulevard intersection • All traffic signal plans and specifications must conform to Manual on Uniform Traffic Control Devices, WSDOT, City of Pasco, and National Electric Code standards as applicable. Consultant shall coordinate with the utility for service connections. • The 90% Traffic Design Cost Estimates will be delivered as part of the full 100% Design Cost Estimate, as described in Task 4.5 Page 74 of 354 BROADMOOR INTERCHANGE PROJECT PHASE 2B • SCOPE OF WORK • AUGUST 10, 2022 28 • No detours are assumed for this project • The Traffic Special Provisions shall be combined with the Structural and Civil Special Provisions and delivered as single package for the 100% submittal under Task 4.5 Deliverable(s) • 100% Design Signing and Striping Plans and Details • 100% Design Illumination Plans and Details • 100% Design Signal Plans and Details • 100% Design Traffic Control Plans and Details • 100% Design Traffic Special Provisions 6.6 FINAL TRAFFIC PLANS/BID SET After addressing any comments by WSDOT, FHWA, and the CITY on the revisions included in the 100% Traffic Design plan set (Task 6.5), the CONSULTANT shall compile the Final traffic bid plan set for the following: • I-182 deceleration lane • I-182 eastbound loop off-ramp • I-182 Eastbound Ramps/Broadmoor Boulevard intersection • Re-striping and channelization of Broadmoor Boulevard between the I-182 ramp terminals The Final traffics plans will follow the WSDOT Plan Preparation Plan Manual where needed. The final traffic plans shall include the plan and details outline in tasks 6.2 and 6.3. The CONSULTANT shall update the traffic design cost estimates in unit bid format based on the Final Contract Traffic plans. The Final Contract Traffic plans and cost estimate will be incorporated into the Final Bid Plan set for submittal to the CITY and WSDOT in Task 4.6. The CONSULTANT shall update the traffic contract specifications based on WSDOT/APWA Standard format, including Local Agency GSP’s as applicable. Specifications will include General Special Provisions and Project Specific Special Provision, based on the latest WSDOT specifications at time of the Final Contract Plans submittal. Assumptions • The Final Contract Traffic Cost Estimates will be delivered as part of the full Final Contract Cost Estimate, as described in Task 4.6 • All traffic signal plans and specifications must conform to Manual on Uniform Traffic Control Devices, WSDOT, City of Pasco, and National Electric Code standards as applicable. Consultant shall coordinate with the utility for service connections. • No detours are assumed for this project • The Traffic Special Provisions shall be combined with the Structural and Civil Special Provisions and delivered as single package for the Final Contract Plans submittal under Task 4.6 Deliverable(s) Page 75 of 354 BROADMOOR INTERCHANGE PROJECT PHASE 2B • SCOPE OF WORK • AUGUST 10, 2022 29 • Final Contract Signing and Striping Plans and Details • Final Contract Illumination Plans and Details • Final Contract Signal Plans and Details • Final Contract Traffic Control Plans and Details • Final Contract Plans Traffic Special Provisions 6.7 DESIGN APPROVAL – WSDOT DOCUMENTATION The CONSULTANT shall compile the Design Documentation Package following the WSDOT Design Manual guidelines from Chapter 300 - Design Documentation, Approval, and Process Review. The following tasks outline the documents to be compiled to meet the WSDOT design documentation requirements. 6.7.1 CHANNELIZATION PLANS FOR APPROVAL The CONSULTANT shall develop Channelization Plans for Approval per the WSDOT checklist. The channelization plans shall be developed for the following project elements: • I-182 deceleration lane • I-182 eastbound loop off-ramp • I-182 Eastbound Ramps/Broadmoor Boulevard intersection • Re-striping and channelization of Broadmoor Boulevard between the I-182 ramp terminals The Channelization Plans shall include the new and existing roadway features described in the WSDOT Channelization Elements sheet. Assumptions • The Channelization Plans for approval assumes two sets of revisions, with WSDOT reviews of three weeks Deliverable(s) • Draft Channelization Plans for Approval • Revised Channelization Plans for Approval • Final Channelization Plans for Approval • Fastest Path Diagrams • AutoTurn Diagrams 6.7.2 DESIGN APPROVAL The CONSULTANT shall compile the project Design Documentation Package in accordance with WSDOT guidelines to support the Design Approval process. This documentation shall include the following elements: • Basis of Design Report/Checklist (developed in Task 4.7) Page 76 of 354 BROADMOOR INTERCHANGE PROJECT PHASE 2B • SCOPE OF WORK • AUGUST 10, 2022 30 • Design Parameters Sheets (developed in Task 4.7) • Maximum Extent Feasible Worksheets (developed in Task 4.7) • Clear Zone Inventory (developed in Task 4.7) • Fastest Path Turning Movement Figures (developed in Task 6.7.1) • Channelization Plans for Approval (developed in Task 6.7.1) The CONSULTANT shall compile all these documents into a Design Documentation Package, which shall be submitted to WSDOT and FHWA for final approval along with the Final Plans set (Task 4.6). Deliverable(s) • Design Documenation Package Page 77 of 354 Tasks DKS KPFF GeoEngineers Total Task 1 - Project Management 51,909.59$ -$ -$ 51,909.59$ Task 2 - Survey -$ -$ -$ -$ Task 3 - Geotechnical -$ -$ 39,049.86$ 39,049.86$ Task 4 - Civil Design -$ 634,805.57$ -$ 634,805.57$ Task 5 - Structural Design -$ 185,325.81$ -$ 185,325.81$ Task 6 - Traffic Design 218,373.87$ -$ -$ 218,373.87$ Total 270,283.46$ 820,131.38$ 39,049.86$ 1,129,464.71$ EXHIBIT B Page 78 of 354 AGENDA REPORT FOR: City Council August 23, 2022 TO: Dave Zabell, City Manager City Council Regular Meeting: 9/6/22 FROM: Steve Worley, Director Public Works SUBJECT: Resolution Nos. 4235 to 4240 - Approving Six (6) Project Acceptances for Burns Rd Pathway Ph 1 -3; North Rd 93/Powerline Pathway; Maple Dr. Water Main; and Signage & Striping Burden Blvd Projects I. REFERENCE(S): Resolutions Presentation II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to approve Resolution No. 4235, accepting work performed by Ellison Earthworks, LLC., under contract for the Burns Road Pathway - Phase 1 (Rd 100 to Rd 90) Project. MOTION: I move to approve Resolution No. 4236, accepting work performed by Ellison Earthworks, LLC., under contract for the Burns Road Pathway - Phase 2 (Rd 90 to Rd 84) Project. MOTION: I move to approve Resolution No. 4237, accepting work performed by Ellison Earthworks, LLC., under contract for the Burns Road Pathway - Phase 3 (Rd 84 to Rd 68) Project. MOTION: I move to approve Resolution No. 4238, accepting work performed by Ellison Earthworks, LLC., under contract for the North 93/Powerline Pathway Project. MOTION: I move to approve Resolution No. 4239, accepting work performed by P&H Construction, LLC., under contract for the Water Main Replacement - Maple Dr. AC Main Project. MOTION: I move to approve Resolution No. 4240, accepting work performed by Pavement Surface Control under contract for the Signage & Striping Improvements at Road 68 & Burden Blvd Project. Page 79 of 354 III. FISCAL IMPACT: See below. IV. HISTORY AND FACTS BRIEF: The three (3) publicly bid projects listed below have recently been completed and require formal acceptance by the City Council. • Burns Rd Pathway Phases 1, 2, 3, and North Road 93/Powerline Pathway The project bid was awarded on January 18, 2022, by Council to Ellison Earthworks, LLC of Richland, WA, in the amount of $538,441.31. The project is now complete and was constructed per project specifications. Final construction costs were $491,063.90. • Maple Dr. Water Main The project bid was awarded on March 7, 2022, by Council to P&H Construction, LLC, in the amount of $325,950.95. The project is now complete constructed was and per Final specifications. project construction costs were $272,288.07. • Signage & Striping Burden Blvd The project bid was awarded on November 16, 2020, by the City Manager to Pavement Surface Control, in the amount of $95,924.00. The project is now complete and was constructed per project specifications. Final construction costs were $193,880.36 which included $118,223.76 in change orders for additional work related to the elimination of the left turn pocket at Clemente Lane. Formal acceptance of public works projects are required by State law and start the 45-day period within which an outside vendor, supplier or laborer would have an opportunity to file a claim against this project pursuant to RCW 60.28.011 (2). Upon completion of the 45-day lien filing period, retainage being held by the City may be released upon receipts of the following: • An affidavit of no liens • A release from the Department of Revenue that all taxes have been paid • A release from any claims from the Department of Labor and Industries, pursuant to RCW 60.28.051 V. DISCUSSION: This item was discussed at the August 22, 2022, Workshop Council meeting. Page 80 of 354 Staff recommends City Council's acceptance of the project as constructed by the above-listed contractor. Page 81 of 354 Resolution – Burns Road Pathway – Phase 1 (Rd 100 to Rd 90) Project Closeout - 1 RESOLUTION NO. ________ A RESOLUTION OF THE CITY OF PASCO, WASHINGTON, ACCEPTING WORK PERFORMED BY ELLISON EARTHWORKS, LLC., UNDER CONTRACT FOR THE BURNS ROAD PATHWAY - PHASE 1 (RD 100 TO RD 90) PROJECT. WHEREAS, the work performed Ellison Earthworks, LLC., under contract for the Burns Road Pathway – Phase 1 (Rd 100 to Rd 90) project, has been examined by City of Pasco staff and has been found to be in apparent compliance with the applicable project specifications and drawings; and WHEREAS, it is the City Staff’s recommendation that the City of Pasco formally accepts the contractor's work and the project as complete. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON: That the City Council concurs with the Staff’s recommendation and thereby accepts the work performed by Ellison Earthworks, LLC., under contract for the Burns Road Pathway – Phase 1 (Rd 100 to Rd 90) project, as being completed in apparent compliance with the project specifications and drawings; and Be It Further Resolved, that the City Clerk is hereby directed to notify the Washington State Department of Revenue of this acceptance; and Be It Further Resolved, that the final payment of retainage being withheld pursuant to applicable laws, regulations and administrative determination shall be released upon satisfaction of same and verification thereof by the Public Works Director and Finance Director. PASSED by the City Council of the City of Pasco, Washington, this ___ day of August, 2022. Blanche Barajas Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorneys Page 82 of 354 Resolution – Burns Road Pathway – Phase 2 (Rd 90 to Rd 84) Project Closeout - 1 RESOLUTION NO. ________ A RESOLUTION OF THE CITY OF PASCO, WASHINGTON, ACCEPTING WORK PERFORMED BY ELLISON EARTHWORKS, LLC., UNDER CONTRACT FOR THE BURNS ROAD PATHWAY - PHASE 2 (RD 90 TO RD 84) PROJECT. WHEREAS, the work performed Ellison Earthworks, LLC., under contract for the Burns Road Pathway – Phase 2 (Rd 90 to Rd 84) project, has been examined by City of Pasco staff and has been found to be in apparent compliance with the applicable project specifications and drawings; and WHEREAS, it is the City Staff’s recommendation that the City of Pasco formally accepts the contractor's work and the project as complete. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON: That the City Council concurs with the Staff’s recommendation and thereby accepts the work performed by Ellison Earthworks, LLC., under contract for the Burns Road Pathway – Phase 2 (Rd 90 to Rd 84) project, as being completed in apparent compliance with the project specifications and drawings; and Be It Further Resolved, that the City Clerk is hereby directed to notify the Washington State Department of Revenue of this acceptance; and Be It Further Resolved, that the final payment of retainage being withheld pursuant to applicable laws, regulations and administrative determination shall be released upon satisfaction of same and verification thereof by the Public Works Director and Finance Director. PASSED by the City Council of the City of Pasco, Washington, this ___ day of August, 2022. Blanche Barajas Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorneys Page 83 of 354 Resolution – Burns Road Pathway – Phase 3 (Rd 84 to Rd 68) Project Closeout - 1 RESOLUTION NO. ________ A RESOLUTION OF THE CITY OF PASCO, WASHINGTON, ACCEPTING WORK PERFORMED BY ELLISON EARTHWORKS, LLC., UNDER CONTRACT FOR THE BURNS ROAD PATHWAY - PHASE 3 (RD 84 TO RD 68) PROJECT. WHEREAS, the work performed Ellison Earthworks, LLC., under contract for the Burns Road Pathway – Phase 3 (Rd 84 to Rd 68) project, has been examined by City of Pasco staff and has been found to be in apparent compliance with the applicable project specifications and drawings; and WHEREAS, it is the City Staff’s recommendation that the City of Pasco formally accepts the contractor's work and the project as complete. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON: That the City Council concurs with the Staff’s recommendation and thereby accepts the work performed by Ellison Earthworks, LLC., under contract for the Burns Road Pathway – Phase 3 (Rd 84 to Rd 68) project, as being completed in apparent compliance with the project specifications and drawings; and Be It Further Resolved, that the City Clerk is hereby directed to notify the Washington State Department of Revenue of this acceptance; and Be It Further Resolved, that the final payment of retainage being withheld pursuant to applicable laws, regulations and administrative determination shall be released upon satisfaction of same and verification thereof by the Public Works Director and Finance Director. PASSED by the City Council of the City of Pasco, Washington, this ___ day of August, 2022. Blanche Barajas Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorneys Page 84 of 354 Resolution – Water Main Replacement – Maple Dr. AC Main Project Closeout - 1 RESOLUTION NO. ________ A RESOLUTION OF THE CITY OF PASCO, WASHINGTON, ACCEPTING WORK PERFORMED BY P&H CONSTRUCTION, LLC., UNDER CONTRACT FOR THE WATER MAIN REPLACEMENT – MAPLE DR. AC MAIN PROJECT. WHEREAS, the work performed P&H Construction, LLC., under contract for the Water Main Replacement – Maple Dr. AC Main project, has been examined by City of Pasco staff and has been found to be in apparent compliance with the applicable project specifications and drawings; and WHEREAS, it is the City Staff’s recommendation that the City of Pasco formally accepts the contractor's work and the project as complete. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON: That the City Council concurs with the Staff’s recommendation and thereby accepts the work performed by P&H Construction, LLC., under contract for the Water Main Replacement – Maple Dr. AC Main project, as being completed in apparent compliance with the project specifications and drawings; and Be It Further Resolved, that the City Clerk is hereby directed to notify the Washington State Department of Revenue of this acceptance; and Be It Further Resolved, that the final payment of retainage being withheld pursuant to applicable laws, regulations and administrative determination shall be released upon satisfaction of same and verification thereof by the Public Works Director and Finance Director. PASSED by the City Council of the City of Pasco, Washington, this ___ day of August, 2022. Blanche Barajas Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorneys Page 85 of 354 Resolution – North 93/Powerline Pathway Project Closeout - 1 RESOLUTION NO. ________ A RESOLUTION OF THE CITY OF PASCO, WASHINGTON, ACCEPTING WORK PERFORMED BY ELLISON EARTHWORKS, LLC., UNDER CONTRACT FOR THE NORTH 93/POWERLINE PATHWAY PROJECT. WHEREAS, the work performed by Ellison Earthworks, LLC., under contract for the North 93/Powerline Pathway project, has been examined by City of Pasco staff and has been found to be in apparent compliance with the applicable project specifications and drawings; and WHEREAS, it is the City Staff’s recommendation that the City of Pasco formally accepts the contractor's work and the project as complete. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON: That the City Council concurs with the Staff’s recommendation and thereby accepts the work performed by Ellison Earthworks, LLC., under contract for the North 93/Powerline Pathway project, as being completed in apparent compliance with the project specifications and drawings; and Be It Further Resolved, that the City Clerk is hereby directed to notify the Washington State Department of Revenue of this acceptance; and Be It Further Resolved, that the final payment of retainage being withheld pursuant to applicable laws, regulations and administrative determination shall be released upon satisfaction of same and verification thereof by the Public Works Director and Finance Director. PASSED by the City Council of the City of Pasco, Washington, this ___ day of August, 2022. Blanche Barajas Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorneys Page 86 of 354 Resolution – Signage & Striping Improvements at Road 68 & Burden Blvd Project Closeout - 1 RESOLUTION NO. ________ A RESOLUTION OF THE CITY OF PASCO, WASHINGTON, ACCEPTING WORK PERFORMED BY PAVEMENT SURFACE CONTROL UNDER CONTRACT FOR THE SIGNAGE & STRIPING IMPROVEMENTS AT ROAD 68 & BURDEN BLVD PROJECT. WHEREAS, the work performed by Pavement Surface Control, under contract for the Signage & Striping Improvements at Road 68 & Burden Blvd project, has been examined by City of Pasco staff and has been found to be in apparent compliance with the applicable project specifications and drawings; and WHEREAS, it is the City Staff’s recommendation that the City of Pasco formally accepts the contractor's work and the project as complete. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON: That the City Council concurs with the Staff’s recommendation and thereby accepts the work performed by Pavement Surface Control, under contract for the Signage & Striping Improvements at Road 68 & Burden Blvd project, as being completed in apparent compliance with the project specifications and drawings; and Be It Further Resolved, that the City Clerk is hereby directed to notify the Washington State Department of Revenue of this acceptance; and Be It Further Resolved, that the final payment of retainage being withheld pursuant to applicable laws, regulations and administrative determination shall be released upon satisfaction of same and verification thereof by the Public Works Director and Finance Director. PASSED by the City Council of the City of Pasco, Washington, this ___ day of August, 2022. Blanche Barajas Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorneys Page 87 of 354 Pasco City Council Workshop Meeting August 22,2022Page 88 of 354 Burns Rd Pathways, Ph 1-3 & N Road 93/Powerline Rd Pathway (Ph 4) Project #’s 20-012, 21-225, 21-226, 21-306 Construction Contract (One Contract incl. all 4 Phases) Awarded to: •Ellison Earthworks, LLC (Richland, WA) •$538,441.31 Sch. A: Ph 1 -$191,837.74 Ph 2 -$130,096.19 Sch. B: Ph 3 -$157,362.66 Sch. C: Ph 4 -$ 59,144.72 Final Construction Cost: •$491,063.90Page 89 of 354 Burns Rd Pathways, Ph 1-3 & N Road 93/Powerline Rd Pathway (Ph 4) Phase 1 & 2: Before Page 90 of 354 Burns Rd Pathways, Ph 1-3 & N Road 93/Powerline Rd Pathway (Ph 4) Phase 3: Before Page 91 of 354 Burns Rd Pathways, Ph 1-3 & N Road 93/Powerline Rd Pathway (Ph 4) Phase 4: Before Page 92 of 354 Burns Rd Pathways, Ph 1-3 & N Road 93/Powerline Rd Pathway (Ph 4) Phase 1: In Progress Page 93 of 354 Burns Rd Pathways, Ph 1-3 & N Road 93/Powerline Rd Pathway (Ph 4) Phase 1: In Progress Page 94 of 354 Burns Rd Pathways, Ph 1-3 & N Road 93/Powerline Rd Pathway (Ph 4) Phase 2: In Progress Page 95 of 354 Burns Rd Pathways, Ph 1-3 & N Road 93/Powerline Rd Pathway (Ph 4) Phase 3: In Progress Page 96 of 354 Burns Rd Pathways, Ph 1-3 & N Road 93/Powerline Rd Pathway (Ph 4) Phase 4: In Progress Page 97 of 354 Burns Rd Pathways, Ph 1-3 & N Road 93/Powerline Rd Pathway (Ph 4) Phase 1: Complete Page 98 of 354 Burns Rd Pathways, Ph 1-3 & N Road 93/Powerline Rd Pathway (Ph 4) Phase 2: Complete Page 99 of 354 Burns Rd Pathways, Ph 1-3 & N Road 93/Powerline Rd Pathway (Ph 4) Phase 3: Complete Page 100 of 354 Burns Rd Pathways, Ph 1-3 & N Road 93/Powerline Rd Pathway (Ph 4) Phase 4: Complete Page 101 of 354 Water Main Replacement –Maple Dr. AC Main Project #20-030 Construction Contract Awarded to: •P&H Construction, LLC (Deer Lake, WA) •$325,950.95 Final Construction Cost: •$272,288.07Page 102 of 354 Water Main Replacement –Maple Dr. AC Main Before Page 103 of 354 Water Main Replacement –Maple Dr AC Main In Progress Page 104 of 354 Water Main Replacement –Maple Dr AC Main In Progress Page 105 of 354 Water Main Replacement –Maple Dr AC Main Completed Page 106 of 354 Signage & Striping –Road 68 & Burden Blvd Project #20-008 Construction Contract Awarded to: •Pavement Surface Control (Kennewick, WA) •$95,924.00 Final Construction Cost: •$193,880.36 Change Orders (Total $118,223.76): •#1 –Remove/Replace Concrete Curbing Taper (incl. roadway excavation, remove/replace curbing, traffic markings & temp. traffic control) $57,800.22 •#2 –Additional Sawcutting & Remove/Replace Asphalt, $27,138.54 •#3 –Line Removal, Added Signage & Striping (Rd 68) $33,285.00Page 107 of 354 Signage & Striping –Road 68 & Burden Blvd Before Page 108 of 354 Signage & Striping –Road 68 & Burden Blvd In Progress Page 109 of 354 Signage & Striping –Road 68 & Burden Blvd In Progress Page 110 of 354 Signage & Striping –Road 68 & Burden Blvd In Progress Page 111 of 354 Signage & Striping –Road 68 & Burden Blvd In Progress Page 112 of 354 Signage & Striping –Road 68 & Burden Blvd In Progress Page 113 of 354 Signage & Striping –Road 68 & Burden Blvd Complete Page 114 of 354 Questions?Page 115 of 354 AGENDA REPORT FOR: City Council August 30, 2022 TO: Dave Zabell, City Manager City Council Regular Meeting: 9/6/22 FROM: Rick White, Director Community & Economic Development SUBJECT: Public Hearing - 2022 Comprehensive Plan Amendments (Docket) I. REFERENCE(S): Exhibit A: Proposed Amendments for the 2022 Amendment Cycle Exhibit B: Tentative Land Use Amendment Summary Exhibit C: Public Comments II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Discussion. III. FISCAL IMPACT: None. IV. HISTORY AND FACTS BRIEF: Pasco’s Comprehensive Plan, adopted via Ordinance No. 4537 on June 7, 2021, is the City’s foundational policy document that guides growth and development for the next twenty (20) years. Amendments to the plan are the mechanism by which the City may periodically update its land use and policies to reinforce the role of the plan in guiding growth in Pasco. The purpose of tonight’s public hearing is to establish the docket for the 2022 Comprehensive Plan Amendment cycle. The Washington State Growth Management Act (GMA) requires that a docket be established to consider changes to the Comprehensive Plan. This is a two-part process that consists of: 1. The establishment and acceptance of the annual docket consisting of applications will determine whether applications shall be considered. 2. The evaluation of the docket applications by the Pasco Planning Commission and Pasco City Council. Page 116 of 354 The City has established a process outlined in the Pasco Municipal Code (PMC 25.215) that allows for proposed amendments to be considered concurrently for the annual docket. City staff created a new Comprehensive Plan Amendment and Procedures Guide and updated the Pasco Comprehensive Plan Amendment Application to assist applicants with the process. The application window period for the 2022 cycle was open from December 1, 2022, through May 2, 2022. A part of the application process included a pre-application meeting between the applicant and staff to discuss and understand the amendment procedures. Applications submitted for consideration are attached as Exhibit A. A total of 18 applications were prepared for consideration in the 2022 Annual Docket. One has been withdrawn. Twelve (12) applications were privately initiated and six (6) by the City. Per the Pasco Municipal Code, City initiated amendments are automatically placed on the docket (for evaluation). The Pasco Planning Commission held a public hearing on June 16, 2022. A description of each application and Planning Commission recommendation is provided in Exhibit A. Following the establishment of the docket, the amendments will be evaluated concurrently for conformance with amendment criteria (this is step two), and then brought back to the Planning Commission and City Council for a final decision (approval or denial) of the amendments. V. DISCUSSION: The purpose of the public hearing is to establish the docket for the 2022 Comprehensive Plan Amendment cycle. Per Pasco Municipal Code 25.215.020(7)(b)(ii), the determination of docket items is to be based on the following criteria: 1. Is there sufficient time for Council to make an informed decision? 2. Will the City be able to conduct sufficient analysis to develop policy and related development regulations (if necessary)? 3. Has the proposed amendment been previously rejected for consideration? 4. Will the amendment implement and comply with the adopted Comprehensive Plan and Washington State Growth Management Act? 5. Is the proposed amendment better addressed through another planning process? Staff recommends Council consider public comments relevant to the docket during this public hearing. As noted above, the City-initiated items are automatically placed on the docket. Staff further recommends that the Council also consider the remaining items be docketed for evaluation - including the CPA Page 117 of 354 2022 - 010 (Planning Commission recommendation for denial of placement on the docket) and CPA 2022 - 012 (no Planning Commission recommendation). Page 118 of 354 1 Privately Initiated Applications File Number: CPA2022-001 Applicant: Stacy and Todd Kidwell Description: Future Land Use Map Amendment: Medium Density Residential to Mixed Residential and Commercial Address / Parcel(s) 11518065 Total Area (Acres) 3.89 Environmental Determination Determination of Non-Significance, issued 06/07/2022 Planning Commission Recommendation: Recommended for the docket Comments from CED: Public comments have been submitted, see Exhibit C. EXHIBIT A Page 119 of 354 2 File Number: CPA2022-002 Applicant: Roland Jankelson / Devi E Tate Description: Future Land Use Map Amendment: Low Density Residential to Mixed Residential and Commercial Address / Parcel(s) 117642098, 117642105 Total Area (Acres) 2.18 Environmental Determination Determination of Non-Significance, issued 06/07/2022 Planning Commission Recommendation: Recommended for the docket Comments from CED: Public comments have been submitted, see Exhibit C. Page 120 of 354 3 File Number: CPA2022-003 Applicant: Broetje Orchards / New Heritage Description: Future Land Use Map Amendment: Industrial to Mixed Residential and Commercial Address / Parcel(s) 112470014, 112430012, 112430021, 112462078, 112462096 Total Area (Acres) 197 Environmental Determination Determination of Significance, issued 06/07/2022 Planning Commission Recommendation: Recommended for the docket Comments from CED: The applicant is preparing a Non-Project Environmental Impact Statement, required per the issuance of the Determination of Significance issued on 06/07/2022. The timing of an accepted and approved EIS may impact if there is sufficient time to consider the application in the 2022 cycle, and if the City will have sufficient analysis to develop policy and related regulations (if necessary) during the 2022 cycle. Public comments have been submitted, see Exhibit C. Page 121 of 354 4 File Number: CPA2022-004 Applicant: Paul Lavrentiev Description: Future Land Use Map Amendment: Low Density Residential to Medium Density Residential Address / Parcel(s) 115180075 Total Area (Acres) 32.26 Environmental Determination Determination of Non-Significance, issued 06/07/2022 Planning Commission Recommendation: Recommended for the docket Comments from CED: None Page 122 of 354 5 File Number: CPA2022-005 – Application Withdrawn Applicant: Fred Olberding / Caleb Stromstad Description: Future Land Use Map Amendment: Low Density Residential to Medium Density Residential Address / Parcel(s) 114330045 Total Area (Acres) 40.18 Environmental Determination Determination of Non-Significance, issued 06/07/2022 Withdrawn by the applicant on 7/14/2022 Planning Commission Recommendation: Recommended for the docket Comments from CED: None – this item is no longer under consideration Page 123 of 354 6 File Number: CPA2022-006 Applicant: Fred Olberding / Caleb Stromstad Description: Future Land Use Map Amendment: Commercial to Mixed Residential and Commercial Address / Parcel(s) 114330048 Total Area (Acres) 12.82 Environmental Determination Determination of Non-Significance, issued 06/07/2022 Planning Commission Recommendation: Recommended for the docket Comments from CED: None Page 124 of 354 7 File Number: CPA2022-007 Applicant: Randy Mullen Description: Future Land Use Map Amendment: Commercial to Mixed Residential and Commercial Address / Parcel(s) 116160080 Total Area (Acres) 2.5 Environmental Determination Determination of Non-Significance, issued 06/07/2022 Planning Commission Recommendation: Recommended for the docket Comments from CED: Public comments have been submitted, see Exhibit C. Page 125 of 354 8 File Number: CPA2022-008 Applicant: Travis Blake Description: Future Land Use Map Amendment: Commercial to Mixed Residential and Commercial Address / Parcel(s) 115480078, 115480079 Total Area (Acres) 4.6 Environmental Determination Determination of Non-Significance, issued 06/07/2022 Planning Commission Recommendation: Recommended for the docket Comments from CED: Public comments have been submitted, see Exhibit C. Page 126 of 354 9 File Number: CPA2022-009 Applicant: Clarence and Patricia Alford Description: Future Land Use Map Amendment: Low Density Residential to Mixed Residential and Commercial Address / Parcel(s) 115180055 Total Area (Acres) 19.93 Environmental Determination Determination of Non-Significance, issued 06/07/2022 Planning Commission Recommendation: Recommended for the docket Comments from CED: Public comments have been submitted, see Exhibit C. Page 127 of 354 10 File Number: CPA2022-010 Applicant: Rudd McClory Description: Future Land Use Map Amendment: Commercial to High Density Residential Address / Parcel(s) 119312083 Total Area (Acres) 8.48 Environmental Determination Determination of Non-Significance, issued 06/07/2022 Planning Commission Recommendation: Not recommended for the docket Comments from CED: Staff recommends that the proposed item be re-evaluated based on the specific criteria for establishment (placement) of the docket. An evaluation of the proposals merits as described in the Pasco Municipal Code would follow if place on the docket. No public comments were received on this item. Page 128 of 354 11 File Number: CPA2022-011 Applicant: Paul Lavrentiev / John Fetterolf Description: Future Land Use Map Amendment: Commercial to Mixed Residential and Commercial Address / Parcel(s) 118501041 Total Area (Acres) 6.68 Environmental Determination Determination of Non-Significance, issued 06/07/2022 Planning Commission Recommendation: Recommended for the docket Comments from CED: None Page 129 of 354 12 File Number: CPA2022-012 Applicant: Lionell Singleton / Shane O’Neill Description: Future Land Use Map Amendment: Low Density Residential to High Density Residential Address / Parcel(s) 119430045, 119430214, 119430223, 119430232, 119430250, 119430269 Total Area (Acres) 5.78 Environmental Determination Determination of Non-Significance, issued 06/07/2022 Planning Commission Recommendation: Failed recommendation from the Planning Commission. This included two votes for, two votes against, and one recusal. Comments from CED: Public comments have been submitted, see Exhibit C. Page 130 of 354 13 City Initiated Applications File Number: CPA2022-013 Applicant: City of Pasco – Community and Economic Development Description: Future Land Use Map and Text Amendment: Establish Downtown Land Use Address / Parcel(s) Various Total Area (Acres) 153 Environmental Determination Not issued, a Determination of Non-Significance is anticipated Comments from CED: The development of the Downtown Pasco Master Plan is nearing completion (Draft Plan anticipated in September). The establishment of a Downtown Land Use category would integrate recommendations from the Master Plan. Page 131 of 354 14 File Number: CPA2022-014 Applicant: City of Pasco – Community and Economic Development Description: Future Land Use Map and Text Amendment: Broadmoor Master Plan Address / Parcel(s) Various Total Area (Acres) 1,200 Environmental Determination Determination of Significance, issued March 2017, revised July 2021 Comments from CED: The development of the Broadmoor Master Plan and Non-Project Environmental Impact Statement is nearing completion. A Draft is expected in September 2022. The proposed amendment would incorporate updated (simplified) land uses and standards. Page 132 of 354 15 File Number: CPA2022-015 Applicant: City of Pasco – Community and Economic Development Description: Future Land Use Map and Text Amendment: Commercial to Mixed Residential and Commercial (Ramgar Estates) Address / Parcel(s) 113884077, 113884078, 113884079, 113884080, 113884081, 113884082, 113884083, 113884084, 113884085, 113884086, 113884087, 113884088, 113884089, 113884090 Total Area (Acres) 11.35 Environmental Determination Not issued, a Determination of Non-Significance is anticipated Comments from CED: This proposal is considered a map correction. The current use of the land is not consistent with the Future Land Use Map. Page 133 of 354 16 File Number: CPA2022-016 Applicant: City of Pasco – Community and Economic Development Description: Future Land Use Map and Text Amendment: Commercial to Mixed Residential and Commercial (West Court Street: N 19th Ave – N 14th Ave) Address / Parcel(s) Various Total Area (Acres) 9.25 Environmental Determination Not issued, a Determination of Non-Significance is anticipated Comments from CED: This proposal is considered a map correction. The current use of the land is not consistent with the Future Land Use Map. Page 134 of 354 17 File Number: CPA2022-017 Applicant: City of Pasco – Community and Economic Development Description: Future Land Use Map and Text Amendment: Industrial to Mixed Residential and Commercial (S 10th Avenue: W A Street – W Washington Street) Address / Parcel(s) 112282058, 112282076, 112282085, 112282094, 112282101, 112282138, 112282147, 112282156, 112282165, 112282184, 112282192, 112282209, 112282263, 112282272, 112282281, 112282290, 112282307, 112282442, 112282450, 112282469, 112282512, 112282549 Total Area (Acres) 4.29 Environmental Determination Not issued, a Determination of Non-Significance is anticipated Comments from CED: This proposal is considered a map correction. The current use of the land is not consistent with the Future Land Use Map. Page 135 of 354 18 File Number: CPA2022-018 Applicant: City of Pasco – Community and Economic Development Description: Future Land Use Text Amendment: Changes to the Future Land Use Map descriptions. Address / Parcel(s) Various Total Area (Acres) Citywide Environmental Determination Not issued, a Determination of Non-Significance is anticipated Comments from CED: This proposal would amend the land use purpose and description table and include new descriptions, minor changes to density, and applicable zoning. Text Amendment to Land Use Designations and Criteria Table Classification Purpose and Description Zoning * Open Space/ Parks Land where development will be severely restricted: park lands, trails, and critical areas All Zoning Districts. (Development of parks and recreation facilities requires special permit review), Open Space Low Density Residential Single-family residential development at a density of 2 3 to 5 6 dwelling units per acre R-S-20; R-S-12. R-S-1; R-1; R-1-A. R-1-A2 Medium Density Residential Single-family dwellings, patio homes, townhouses, apartments, and condominiums Variety of residential development at a density of 6 to 20 dwelling units per acre. R-2 through R-4; RP, Broadmoor High Density Residential Multiple unit apartments or condominiums Variety of residential development at a density 21 units per acre or more R-4 Mixed Residential/ Commercial Allow and encourage a compatible mix and/or combination of commercial, retail, service, and residential uses Allow a combination of mixed-use residential and commercial in the same development. Single-family dwellings, patio homes, townhouses, apartments, and condominiums at a density of 5 to 29 dwelling units per acre. Neighborhood shopping and specialty centers, business parks, service, and office use R-1 through R-4. C-1 and O; Waterfront; Broadmoor; Mixed Use District Commercial Neighborhood, community and regional shopping and specialty centers, business parks, service, and office use O; BP; C-1; C-2; C-3; CR Page 136 of 354 19 Classification Purpose and Description Zoning * Industrial Manufacturing, food processing, storage and wholesale distribution of equipment and products, hazardous material storage, and transportation related facilities I-1; I-2; I-3 Public and Quasi-Public Schools, civic centers, fire stations and other public uses By Special Permit in all districts (except I-3 which has various restrictions) Airport Reserve Land occupied by the Tri-Cities Airport I-1 DNR Reserve Land owned by the Department of Natural Resources I-1 Medium-High Density Residential Broadmoor Only; single-family dwelling units, townhouses, condominiums, and multi-family; 8-15 dwelling units per acre MHDR Mixed Use Interchange Broadmoor Only; along I-182 corridor; commuter services, technology and resource business parks, office, and retail use MU-I Mixed Use Neighborhood Broadmoor only; townhouses, multi- family developments, neighborhood grocers/markets and drug stores, vertically integrated buildings, live-work spaces, and other neighborhood scale offices and uses MU-N Mixed Use Regional Broadmoor only; general retail operations and shops, grocery stores, residential above commercial/office, high-density residential, dining, entertainment uses MU-R Office Broadmoor only; professional office and personal services, resource centers O-1 Page 137 of 354 EXHIBIT #B: TENTATIVE LAND USE AMENDMENT SUMMARY 83.9 384.5 14.3 640.6 153.0 -53.2 -197.0 61.00 187.00 (22.64) -300.0 -200.0 -100.0 0.0 100.0 200.0 300.0 400.0 500.0 600.0 700.0 Low Density Residential Medium Density Residential High Density Residential Mixed Residential & Commercial Downtown Commercial Industrial Open Space Open Space Transition Public Quasi- Public LAND USE AMENDMENT SUMMARY Land Use Change Summary Proposed Change (Acres)Page 138 of 354 EXHIBIT C: PUBLIC COMMENTS* 2022 Pasco Comprehensive Plan Amendments and Docket Prepared for the Pasco City Council September 6, 2022, Public Hearing *Includes written comments received as of 09/01/2022* Page 139 of 354 2022 Pasco Comprehensive Plan Amendments and Docket Public Comments for: CPA2022-001 Prepared for the Pasco City Council September 6,2022 Public Hearing Page 140 of 354 Page 141 of 354 Page 142 of 354 Page 143 of 354 Page 144 of 354 Page 145 of 354 Page 146 of 354 Page 147 of 354 Page 148 of 354 Page 149 of 354 Page 150 of 354 Page 151 of 354 Page 152 of 354 Page 153 of 354 Page 154 of 354 Page 155 of 354 Page 156 of 354 Page 157 of 354 Page 158 of 354 Page 159 of 354 Page 160 of 354 Page 161 of 354 Page 162 of 354 Page 163 of 354 Page 164 of 354 Page 165 of 354 Page 166 of 354 Page 167 of 354 Page 168 of 354 Page 169 of 354 Page 170 of 354 Page 171 of 354 Page 172 of 354 Page 173 of 354 2022 Pasco Comprehensive Plan Amendments and Docket Public Comments for: CPA2022-002 Prepared for the Pasco City Council September 6, 2022 Public Hearing Page 174 of 354 You don't often get email from rogena16@hotmail.com. Learn why this is important From:Kristin Webb To:Carmen Patrick; Rick White; Jacob Gonzalez Subject:FW: Notice Of Application Date:Thursday, June 16, 2022 7:57:33 AM From: Naomi Rogers <rogena16@hotmail.com> Sent: Wednesday, June 15, 2022 7:40 PM To: Kristin Webb <webbk@pasco-wa.gov> Subject: Notice Of Application [NOTICE: This message originated outside of City of Pasco -- DO NOT CLICK on links or open attachments unless you are sure the content is safe.] To whom it may concern with Pasco Planning Commission: I received a notice of application for master file number CPA2022–002 – Jankelson. For future land use map amendment: low density residential to mix residential and commercial. After having a discussion on the telephone with a member of your planning division, to gain more information, I ask you to please disregard this application. Members of the surrounding neighborhoods spent a lot of money to purchase these properties for the rural feel, open sky views, and space. The property owner behind this lot listed above, currently has horses, geese, chickens, etc. This property also butts up against the piped irrigation ditch. The neighbors kitty corner to me have been feeding the ducks along the irrigation canal for 18 years. They have multi-generational fowl and our neighborhood really cherishes the wildlife that is in this area. We also cherish our privacy, as well as, our tight knit community. It would be a disservice to this area to change the land use to mixed residential (for three, four or even five story apartments or section 8 housing). Having a small business would be welcomed. Even having one or two story homes would be welcomed. Adding three, four or five-story apartment complexes would not be welcomed. Having people view into our backyards, while we’re in a pool or even while we are doing yard work, would significantly impact our privacy and way of life. If this proposal passes to the next level, please consider the lack of driver visibility near the entry way onto Road 68, located across from the old Pasco fire department. This section of road 68 gets a lot of traffic and a lot of vehicles are backed up from the light off Argent and the light off the new Chapel Hill Road. This will only increase congestion in that small strip of road 68. Thank you for hearing my concerns and I appreciate your time. Page 175 of 354 Naomi Rogers Neighbor on Rd 70 Pl Sent from my iPad Page 176 of 354 2022 Pasco Comprehensive Plan Amendments and Docket Public Comments for: CPA2022-003 Prepared for the Pasco City Council September 6, 2022, Public Hearing Page 177 of 354 You don't often get email from jhjalt@live.com. Learn why this is important From:Kristin Webb To:Jacob Gonzalez; Rick White; Carmen Patrick Subject:FW: CPA2022-003 Date:Thursday, June 9, 2022 8:20:05 AM From: John Hjaltalin <jhjalt@live.com> Sent: Thursday, June 9, 2022 8:14 AM To: Kristin Webb <webbk@pasco-wa.gov> Cc: Polly Frisby <kandcfrisby@gmail.com>; Craig and Karen Walton <candkwalton@charter.net> Subject: CPA2022-003 [NOTICE: This message originated outside of City of Pasco -- DO NOT CLICK on links or open attachments unless you are sure the content is safe.] ROJO Venture, LLC owns the parcels listed below. 112530057 112530050 112530051 We are commenting against the proposal CPA2022-003 for the re-zoning of the of the subject area from Industrial to Mixed Residential and Commercial. This proposal will share a boundry with our property and will promote activity and development that will be in conflict with the long-term established activity and uses on our property. The proposal will also restrict future use and development activities that would be protected and/or compatible with the current zoning and the current activities on our parcels. The proposal will also prevent development opportunities that may not be in conflict with the zoning of our property, but a change in the neighborhood atmosphere will hinder the attraction to our adjacent parcels and their permitted activities by potential clients. We would also like to point out that the photographic map included with the notice is not accurate and could be misleading because it does not accurately reflect current development on other adjacent properties particularly the large Amazon projects directly adjacent to the East boundry of CPA2022-003. These projects to be completed this summer will have significant industrial traffic that will also impact the North boundry of CPA2022-003 and the South boundry is already confined by an industrial rail spur. The West boundry is near the main truck access route to the Pasco Port area. It is inconsistent to force a residential area into this environment. John Hjaltalin Member Page 178 of 354 ROJO Venture, LLC Page 179 of 354 Page 180 of 354 Page 181 of 354 Page 182 of 354 Page 183 of 354 Page 184 of 354 Page 185 of 354 Page 186 of 354 Page 187 of 354 Page 188 of 354 Page 189 of 354 Page 190 of 354 Page 191 of 354 Page 192 of 354 Page 193 of 354 Page 194 of 354 Page 195 of 354 Page 196 of 354 Page 197 of 354 Page 198 of 354 Page 199 of 354 Page 200 of 354 Page 201 of 354 Page 202 of 354 Page 203 of 354 Page 204 of 354 Page 205 of 354 Page 206 of 354 Page 207 of 354 Page 208 of 354 Page 209 of 354 Page 210 of 354 Page 211 of 354 Page 212 of 354 Page 213 of 354 Page 214 of 354 Page 215 of 354 Page 216 of 354 Page 217 of 354 Page 218 of 354 Page 219 of 354 Page 220 of 354 Page 221 of 354 Page 222 of 354 Page 223 of 354 Page 224 of 354 Page 225 of 354 Page 226 of 354 Page 227 of 354 Page 228 of 354 Page 229 of 354 Page 230 of 354 Page 231 of 354 Page 232 of 354 Page 233 of 354 Page 234 of 354 2022 Pasco Comprehensive Plan Amendments and Docket Public Comments for: CPA2022-007 Prepared for the Pasco City Council September 06, 2022, Public Hearing Page 235 of 354 From:Kristin Webb To:Jacob Gonzalez Subject:FW: Comprehensive Plan Future Land Use Amendment Proposal - Master File Number: CPA2022-007 - Clemente Ln Date:Monday, June 6, 2022 1:29:18 PM -----Original Message----- From: Andrew Bagley <drandrew@bagleydental.com> Sent: Monday, June 6, 2022 1:14 PM To: Kristin Webb <webbk@pasco-wa.gov> Subject: Comprehensive Plan Future Land Use Amendment Proposal - Master File Number: CPA2022-007 - Clemente Ln You don't often get email from drandrew@bagleydental.com. Learn why this is important <https://aka.ms/LearnAboutSenderIdentification> [NOTICE: This message originated outside of City of Pasco -- DO NOT CLICK on links or open attachments unless you are sure the content is safe.] City of Pasco Community Development Department, Today, I received Comprehensive Plan Future Land Use Amendment Proposal - Master File Number: CPA2022-007 - Clemente Ln. The Notice of Application is for future land use map amendment, proposing that the lot in question be rezoned from commercial to high density residential. As co-owner of Bagley Dental located at 4904 Convention Drive, I am strongly opposed to changing the land use from commercial to high density residential. Looking at them map, it is obvious that the quadrilateral of land between Road 68 and Convention Drive and which is between Wrigley Drive and Burden Boulevard is zoned for commercial and should remain that way. West Pasco is growing rapidly and this land will be needed for future commercial projects. If you are looking for high density housing, there is ample land north of Wrigley Drive to build upon. As a long time business owner of over 15 years here in west Pasco, there is already enough litter and unlawfulness around my property. When I pick up trash outside our building, I routinely pick up used drug needles and used condoms outside our masonry fence on the property owned by Fairchild Cinemas. Cars routinely park overnight just north of our property in the Fairchild Cinema parking lot, with the occupants sleeping and littering all around. Permitting high density residential buildings near Fairchild Cinemas will be directly detrimental to the movie theater and to us. Please do NOT degrade the value of my property and the surrounding businesses by permitting high density housing directly north of Fairchild Cinemas. I predict that any attempt to do so will be met with a lawsuit by the owners of the movie theater. I recommend that you redirect the proposed developer to a less contentious choice. Page 236 of 354 Sincerely, J. Andrew Bagley, DDS Bagley Dental 4904 Convention Drive Pasco, WA 99301 (509) 547-1631 drandrew@bagleydental.com Page 237 of 354 You don't often get email from jdltwo@hotmail.com. Learn why this is important From:Kristin Webb To:Jacob Gonzalez Subject:FW: CPA2022-007- Clemente ln Date:Tuesday, June 7, 2022 11:11:49 AM From: J. D. Lareau II <jdltwo@hotmail.com> Sent: Tuesday, June 7, 2022 8:59 AM To: Kristin Webb <webbk@pasco-wa.gov> Cc: Joseph Lareau II <jdltwo@gmail.com> Subject: CPA2022-007- Clemente ln [NOTICE: This message originated outside of City of Pasco -- DO NOT CLICK on links or open attachments unless you are sure the content is safe.] In regards to the development proposal on Clemente Ln-- As residents whose backyard is on Convention Dr, we have to oppose the high density residential aspect of this proposal. With the opening of Wrigley Dr. we have seen a huge increase in vehicle traffic on Convention Dr. as well as a number of accidents at the intersection of Wrigley Dr. and Convention Dr. The speed limit is posted at 25mph, however few vehicles travel at that speed. By adding a high density residential complex it would add to that problem. A commercial project would be a far better choice and not lessen the quality of life for our neighborhood. Thank You for your consideration; Joseph D Lareau II 5008 Cooperstown Ln Pasco, WA 99301 Page 238 of 354 You don't often get email from lauramweaver69.com@me.com. Learn why this is important From:Kristin Webb To:Carmen Patrick; Rick White; Jacob Gonzalez Subject:FW: Proposal to amend commercial property to high density residential Date:Thursday, June 16, 2022 8:01:51 AM From: Laura Weaver <lauramweaver69.com@me.com> Sent: Wednesday, June 15, 2022 6:07 PM To: Kristin Webb <webbk@pasco-wa.gov> Subject: Proposal to amend commercial property to high density residential [NOTICE: This message originated outside of City of Pasco -- DO NOT CLICK on links or open attachments unless you are sure the content is safe.] Cpa2022-007 Clemente lane Sent from my iPad I live on Cooperstown lane across the street from this land. I highly object to changing it to residential property. We have a nightmare traffic situation here as it is. The last thing we need is a huge increase in it. Since the city blocked the entrance to Clemente from Burden, everyone comes down convention place and turns through the Fairchild cinemas to get to the businesses off Clemente. I have double semi trailers constantly turning through the movie theater to deliver to yokes, etc. I can’t even enjoy my backyard because the traffic noise is so heavy..sometimes things fall off my wall from the vibrations. I am also concerned about apartments being built. It will add to the noise, safety and traffic congestion. Please do a survey off residents in this area to get an idea of what we think. I have lived in this house since 1996 when the development was started. Now I feel like my house is in the middle of the freeway with so much traffic. Please don’t allow this..thank you Page 239 of 354 From:Kristin Webb To:Carmen Patrick; Rick White; Jacob Gonzalez Subject:FW: Master File Number: CPA2022-007 Date:Thursday, June 16, 2022 3:38:40 PM -----Original Message----- From: Ryan Bagley <drryan@bagleydental.com> Sent: Friday, June 10, 2022 5:27 PM To: Kristin Webb <webbk@pasco-wa.gov> Subject: Master File Number: CPA2022-007 You don't often get email from drryan@bagleydental.com. Learn why this is important <https://aka.ms/LearnAboutSenderIdentification> [NOTICE: This message originated outside of City of Pasco -- DO NOT CLICK on links or open attachments unless you are sure the content is safe.] City of Pasco Community Development Department, This week, I received Comprehensive Plan Future Land Use Amendment Proposal - Master File Number: CPA2022-007 - Clemente Ln. The Notice of Application is for future land use map amendment, proposing that the lot in question be rezoned from commercial to high density residential. As a co-owner of Bagley Dental located at 4904 Convention Drive, I very opposed to changing the land use from commercial to high density residential. When we purchased the property, it was under the premise that this immediate area was going to be for commercial properties only. Placing a high-density residential designation right behind the movie theater will negatively impact my property. Currently under the existing situation we must pay to maintain a private road in front of our property which has heavy municipal use. Adding High Density residential property within a hundred yards from our property will exacerbate this situation and add to the loitering problem we are dealing with as well. When I look at the map of this area, it is making the most planning sense to have the quadrilateral of land between Road 68 and Convention Drive and which is between Wrigley Drive and Burden Boulevard which is zoned for commercial properties and should remain that way. This portion of West Pasco is growing rapidly and this land will be needed for future commercial projects. If you are looking for high density housing areas to me the area that makes the most sense is that area north of Wrigley Drive. As a business owner of over 15 years here in west Pasco, there is already an excessive amount of trash and unlawfulness around my property. When I pick up trash outside our building, I routinely pick up used drug needles and used condoms outside our masonry fence on the property owned by Fairchild Cinemas. Cars routinely park overnight just north of our property in the Fairchild Cinema parking lot, with the occupants sleeping and littering all around. Permitting high density residential buildings near Fairchild Cinemas will be directly detrimental to the movie theater and to us. Page 240 of 354 Please do NOT degrade the value of my property and the surrounding businesses by permitting high density housing directly north of Fairchild Cinemas. I predict that any attempt to do so will be met with a lawsuit by the owners of the movie theater. I recommend that you redirect the proposed developer to a less contentious choice. Sincerely, W. Ryan Bagley, DDS Bagley Dental 4904 Convention Drive Pasco, WA 99301 (509) 547-1631 drryan@bagleydental.com <mailto:drryan@bagleydental.com> Page 241 of 354 You don't often get email from drandrew@bagleydental.com. Learn why this is important From:Kristin Webb To:Jacob Gonzalez; Rick White Subject:FW: Comprehensive Plan Future Land Use Amendment Proposal - Master File Number: CPA2022-007 - Clemente Ln Date:Friday, August 26, 2022 7:48:52 AM From: Andrew Bagley <drandrew@bagleydental.com> Sent: Thursday, August 25, 2022 5:40 PM To: Kristin Webb <webbk@pasco-wa.gov> Cc: Ryan Bagley <drryan@bagleydental.com> Subject: Comprehensive Plan Future Land Use Amendment Proposal - Master File Number: CPA2022-007 - Clemente Ln [NOTICE: This message originated outside of City of Pasco -- DO NOT CLICK on links or open attachments unless you are sure the content is safe.] City of Pasco Community Development Department, Today, I received Comprehensive Plan Future Land Use Amendment Proposal - Master File Number: CPA2022-007 - Clemente Ln. The Notice of Application is for future land use map amendment, proposing that the lot in question be rezoned from commercial to high density residential. As co-owner of Bagley Dental located at 4904 Convention Drive, I am STRONGLY OPPOSED to changing the land use from commercial to high density residential. Looking at them map, it is obvious that the quadrilateral of land between Road 68 and Convention Drive and which is between Wrigley Drive and Burden Boulevard is zoned for commercial and should remain that way. West Pasco is growing rapidly and this land will be needed for future commercial projects. If you are looking for high density housing, there is ample land north of Wrigley Drive to build upon. As a long time business owner of over 15 years here in west Pasco, there is already enough litter and unlawfulness around my property. When I pick up trash outside our building, I routinely pick up used drug needles and used condoms outside our masonry fence on the property owned by Fairchild Cinemas. Cars routinely park overnight just north of our property in the Fairchild Cinema parking lot, with the occupants sleeping and littering all around. Permitting high density residential buildings near Fairchild Cinemas will be directly detrimental to the movie theater and to us. Please do NOT degrade the value of my property and the surrounding businesses by permitting high density housing directly north of Fairchild Cinemas. I predict that any attempt to do so will be met with a lawsuit by the owners of the movie theater. I recommend that you redirect the proposed developer to a less contentious choice. Sincerely, Page 242 of 354 J. Andrew Bagley, DDS Bagley Dental 4904 Convention Drive Pasco, WA 99301 (509) 547-1631 drandrew@bagleydental.com Page 243 of 354 You don't often get email from jdltwo@hotmail.com. Learn why this is important From:Kristin Webb To:Jeff Adams; Jacob Gonzalez; Mike Manning; Ivan Barragan Subject:FW: CPA2022-007 Date:Thursday, August 25, 2022 1:42:56 PM From: J. D. Lareau II <jdltwo@hotmail.com> Sent: Thursday, August 25, 2022 12:44 PM To: Kristin Webb <webbk@pasco-wa.gov> Cc: jdltwo@yahoo.com Subject: CPA2022-007 [NOTICE: This message originated outside of City of Pasco -- DO NOT CLICK on links or open attachments unless you are sure the content is safe.] Hello- I live on Cooperstown Ln and would like more information on the proposed development of parcel #116160080. We would like to know more information about the proposed building and or buildings size and height, quantity , etc. We have a few concerns about our privacy in our back yard as well as potential increased traffic on Convention Dr. Any information you could provide would be helpful to prepare for the September 6 hearing. Thank You: Joseph D. Lareau II 5008 Cooperstown ln Pasco WA 99301 Page 244 of 354 2022 Pasco Comprehensive Plan Amendments and Docket Public Comments for: CPA2022-008 Prepared for the Pasco City Council September 06, 2022, Public Hearing Page 245 of 354 You don't often get email from mattschlieper82@gmail.com. Learn why this is important From:Kristin Webb To:Jacob Gonzalez; Rick White; Carmen Patrick Subject:FW: development Date:Tuesday, June 21, 2022 9:04:21 AM From: Matt Schlieper <mattschlieper82@gmail.com> Sent: Tuesday, June 21, 2022 9:02 AM To: Kristin Webb <webbk@pasco-wa.gov> Subject: development [NOTICE: This message originated outside of City of Pasco -- DO NOT CLICK on links or open attachments unless you are sure the content is safe.] hi my name is Matt schlieper I own the corner lot on 9003 oliver drive pasco wa which they are planning to build on the other side the road I just got this letter o work out if state and I'm very concerned are fence line ends and has open view behind are house traffic is already getting very dangerous we already had high speed chase and some ran into are property if this deliver wants to build commercial and residential property which is going to make already a busy road even busier I would like for him to consider that I need a fence all the way around the corner my family safety I should have to look out my backyard at high traffic on his expense that that thankyou kindly Page 246 of 354 2022 Pasco Comprehensive Plan Amendments and Docket Public Comments for: CPA2022-009 Prepared for the Pasco City Council September 06, 2022, Public Hearing Page 247 of 354 Page 248 of 354 Page 249 of 354 1 Jacob Gonzalez From:Kristin Webb Sent:Monday, August 29, 2022 12:47 PM To:Jacob Gonzalez; Rick White Subject:FW: Comment on Land Use Amendment CPA2022-009 - Alford, parcel 115180055 From: debraparsons@juno.com <debraparsons@juno.com> Sent: Monday, August 29, 2022 11:30 AM To: Kristin Webb <webbk@pasco‐wa.gov> Subject: Comment on Land Use Amendment CPA2022‐009 ‐ Alford, parcel 115180055 [NOTICE: This message originated outside of City of Pasco ‐‐ DO NOT CLICK on links or open attachments unless you are sure the content is safe.] Attention: Pasco City Planning Division and City Council Members: The City of Pasco has zoned all the vacant land along the West side of Broadmoor Blvd and North of Burns Road as Residential. In the Comprehensive Plan for Pasco, this land has been set aside for the expected future population growth of the city. If you allow this application (CPA2022‐009 ‐ Alford, parcel 115180055) to change from Low Density Residential to Mixed Residential and Commercial, it will be an unwise decision! If you allow the word, "Commercial" into the land use language of this and other land use amendment applications, that will be the end of any residential homes or apartments being put on this land. The City of Pasco will lose this land to gas station/ convenience stores, strip malls, nail salons and other businesses that we already have on Road 68. Please remember the original reason for zoning this land for Residential use. Once you open the Pandora's box and allow Commercial businesses here, you won't be able to stop them. Those of us who live across the street in Columbia Terrace Subdivision, don't want to endure the blight that Commercial businesses would bring to us. Please reject this land use application and keep the land for Residential use only. Thank You. Sincerely, Debra Parsons 9903 Silverbright Dr Pasco, WA 99301 You don't often get email from debraparsons@juno.com. Learn why this is important Page 250 of 354 2022 Pasco Comprehensive Plan Amendments and Docket Public Comments for: CPA2022-012 Prepared for the Pasco City Council September 6, 2022, Public Hearing Page 251 of 354 From: noreply@civicplus.com <noreply@civicplus.com> Sent: Tuesday, June 7, 2022 12:28:18 PM To: David Milne <MilneCouncil@pasco-wa.gov>; FormContact <formcontact@pasco-wa.gov> Subject: Online Form Submittal: Contact Councilmember David Milne [NOTICE: This message originated outside of City of Pasco -- DO NOT CLICK on links or open attachments unless you are sure the content is safe.] Contact Councilmember David Milne To contact City of Pasco Councilmember David Milne, please complete the form below and click Submit. If you have a service request, please use the AskPasco app. Name: Darrin Clements Email: dcapple3@me.com Subject: Zoning changes proposed of neighboring property Comment: The property is west of the Moore Mansion My neighbors and I have concerns of traffic And other issues do to changes there proposing. Contact 509- 430-1441 Please note Your e-mail and any e-mail response from the City may be a public record under RCW 42.56 and subject to inspection and copying by the public upon request. Accordingly, there can be no expectation of privacy. Email not displaying correctly? View it in your browser. Page 252 of 354 From:Lorin Kenfield To:Rick White; Jacob Gonzalez; Debra Barham Subject:Master File CPA2022-012- Hopkins Street Date:Tuesday, June 7, 2022 6:37:45 PM Some people who received this message don't often get email from kenfield6@gmail.com. Learnwhy this is important [NOTICE: This message originated outside of City of Pasco -- DO NOT CLICK on links or open attachments unless you are sure the content is safe.] My husband and I, Lorin and Linda Kenfield, own the duplex at 3512 W. Hopkins. We are concerned about this application. I called today to get more information but no one was able to answer my questions. Without more information we are against this proposal. What is the plan to access this property? How will high density traffic affect the neighborhood? How will high density housing affect this area? Is Mr. Singleton or Mr. O'Neill associated with Rio Del Sol? Do the two individuals involved with the application, Mr. Singleton or/ and Mr O'Neill live in the immediate area and will they be impacted by this proposal? How many people have been notified about this plan? Have the people living on Road 36 and Road 34 and all other roads leading to Sylvester been notified? Since any and all roads leading into and out of this property will be impacted by the high number of individuals living in the proposed high density residential prospal. Rio Del Sol has not been a good neighbor so far. They started a lawsuit to remove our fence that has been in existence since before 1979 when we bought the property. Our lawyer was able to stop that. They have never talked to us directly. We would like someone to contact us as soon as possible and answer these questions. As things stand now we are against this amendment. We can be reached at 509-366-2178 or 509-440-0448. Thank you. Page 253 of 354 You don't often get email from heregoes49@charter.net. Learn why this is important From:Kristin Webb To:Rick White; Jacob Gonzalez; Carmen Patrick Subject:FW: reference to CPA2022-012 Date:Wednesday, June 8, 2022 1:47:12 PM From: 49's Abode <heregoes49@charter.net> Sent: Wednesday, June 8, 2022 1:46 PM To: Kristin Webb <webbk@pasco-wa.gov> Subject: reference to CPA2022-012 [NOTICE: This message originated outside of City of Pasco -- DO NOT CLICK on links or open attachments unless you are sure the content is safe.] My name is Kay Stutzman at 3506 W Hopkins. I want to provide a comment on the file number: CPA2022-012. I am Strongly against rezoning from low density to high density, This a quiet neighborhood I would like to keep it that way. This property is land locked right now, so more work needs to be done. Again NO on the change from low to high Density Residential. Thank you: Kay Stutzman 3506W Hopkins Pasco, Wa Page 254 of 354 Community Development Department City of Pasco To Whom it may Concern: I am not in favor of changing the designation from Low Density Residential to High Density Residential CPA2022-012 – Hopkins Street I moved to Pasco from Japan in 2006. My husband and I took a week to look for a house before we moved back from Japan. I did a lot of research before choosing the Tri-Cities as a home. We looked in Richland, Kennewick and Pasco. When shown the house we currently live in at 3406 W. Hopkins St., I loved the house and the area. There were no houses between us and the river and the area is comprised mostly of seniors. It was also very quiet with low vehicle traffic. During the 14 years since we have lived here we have grown to love the serenity of the area. If you put a Senior Housing Complex back there it will still impact the traffic flow in the area and my sightlines of the bridge and Riverfront. If you put a Family Apartment complex there it will definitely affect the traffic flow going back and forth at all hours of the day and night for work and taking kids to school and picking them etc. Depending on where it ends up I do not want to be next to the access road because of the above stated reasons. The noise level will increase with up to 100 more people living right behind us. There is also the fact that people living in Apartments don’t take care of the property the way the balance of homeowners do. Depending on where they put it, I could have a garbage dumpster on the other side of my fence. It has also been shown that Apartment Complexes increase crime and drug use/trafficking in the areas where they are built. It will also affect the property value of my house. You also have to make an entrance/exit access. There is a single one lane dirt road giving access to the property the way the map shows it. To gain access someone would have to buy and remove one of the houses surrounding the property and build a 2 lane paved road. I definitely don’t want that. A Concerned citizen in Pasco. Pamela L. Griffin Page 255 of 354 June 9 2022 Darrin & Laurie Clements 3420 W. Hopkins St. Pasco , Wa. 99301 Contact: 509-430-1441 The property is zoned R-1-Low Density on the east side of the property. The west side of the property is zoned RS-12-Suburban. The properties around the property is RS-12-Suburban. The property is land locked. This is a non-project proposal. Changing to R-4- High Density Residential would increase traffic down road 34,35,36 dramatically. With the traffic from the Moore Mansion on top of it. Would increase Max. Building height to 45 ft.. They could build zero-lot-line dwellings. Which would not blend in with the properties around it. Would decrease property values of existing properties. Land use should be zoned R-S-12 Suburban for all 5.78 acres the way it was originally. We do not support these zoning changes. Sincerely yours Darrin & Laurie Clements Page 256 of 354 Page 257 of 354 You don't often get email from skoerner13@gmail.com. Learn why this is important From:Kristin Webb To:Jacob Gonzalez; Rick White; Carmen Patrick Subject:FW: MASTER FILE # CPA2022-012 - HOPKINS STREET Date:Wednesday, June 15, 2022 7:34:05 AM From: Stephanie Koerner <skoerner13@gmail.com> Sent: Thursday, June 9, 2022 5:06 PM To: Kristin Webb <webbk@pasco-wa.gov> Subject: MASTER FILE # CPA2022-012 - HOPKINS STREET [NOTICE: This message originated outside of City of Pasco -- DO NOT CLICK on links or open attachments unless you are sure the content is safe.] I received a letter from the City of Pasco regarding Notice of Application Comprehensive Plan Future Land Use Amendment Proposal.for Parcels 119430045, 119430214, 119430223, 119430232, 119430250, 119430269; Future land use map amendment from low density residential to high density residential. I am opposed to this. This will bring high traffic into our residential neighborhood which is low density. The Moore Mansion already has events which have increased erratic driving, speeding vehicles, loud noise, and at times trespassing to homes. I picked this neighborhood when I purchased my home because it was quiet, had wide streets, and was a great neighborhood to raise children in and/or retire. This seems to be being pushed very quickly and I would ask that it be slowed down as many of the neighbors do not know about this action. Asking for input by June 10th, when I received the letter June 8th and stating a decision will be made on the 16th seems very rushed and does not allow for residents within the immediate vicinity let alone surrounding areas to have input. What radius were letters sent? -------------------------------------- Stephanie Koerner A champion is someone who does not settle for that day’s practice, that day’s competition, that day’s performance. They are always striving to be better. They don’t live in the past ~Briana Scurry Out of fear, people will behave in many ways that lack integrity & go against who they really are. They continue to behave as they may have as children: lying, stealing, temper tantrums, anything they can to have control over getting what they want, even when it harms others...a lack of integrity has become the norm in our society ~Margaret Paul, PhD Page 258 of 354 We live in a world in which we need to share responsibility. It's easy to say, 'It's not my child, not my community, not my world, not my problem.' Then there are those who see the need and respond. I consider those people my heroes. ~Fred Rogers -------------------------------------- This message is intended for the sole use of the individual and entity to whom it is addressed and may contain information that is privileged, confidential, and exempt from disclosure under applicable law. If you are not the intended addressee nor authorized to receive for the intended addressee, you are hereby notified that you may not use, copy, disclose, or distribute to anyone the message or any information contained in the message. If you have received this message in error, please immediately advise the sender by reply email and delete the message. Thank you very much. Page 259 of 354 You don't often get email from gaylecarter67@hotmail.com. Learn why this is important From:Kristin Webb To:Carmen Patrick; Jacob Gonzalez; Rick White Subject:FW: Low Density to High Density Traffic Date:Wednesday, June 15, 2022 7:42:28 AM From: Gayle Carter <gaylecarter67@hotmail.com> Sent: Friday, June 10, 2022 6:36 PM To: Kristin Webb <webbk@pasco-wa.gov> Subject: Low Density to High Density Traffic [NOTICE: This message originated outside of City of Pasco -- DO NOT CLICK on links or open attachments unless you are sure the content is safe.] To whom it may concern, As a resident of this neighborhood I do not like this idea at all. It would cause more problems for my neighborhood such as theft and cause disturbance. It already has the traffic from the Moore mansion and boat races. I hear cars going and see them going way to fast down the street as it is and I havee a 4 year old grandson I continue to tell do not go near the road!!! This would bring more noise to the neighborhood and bring down the property value with apartments compared to a small number of homes. I like our neighborhood!! Please really think about this and keep us all informed we have been in this neighborhood sense 2004 and enjoy it!! Thank you, Steve ,Gayle Carter Get Outlook for Android Page 260 of 354 You don't often get email from izzymarya@yahoo.com. Learn why this is important From:Kristin Webb To:Carmen Patrick; Rick White; Jacob Gonzalez Subject:FW: Hopkins Street Comprehensive Plan Date:Thursday, June 16, 2022 7:45:33 AM From: IZZY&MARY ALMARAZ <izzymarya@yahoo.com> Sent: Wednesday, June 15, 2022 10:56 PM To: Kristin Webb <webbk@pasco-wa.gov> Subject: Hopkins Street Comprehensive Plan [NOTICE: This message originated outside of City of Pasco -- DO NOT CLICK on links or open attachments unless you are sure the content is safe.] Hello my name is Isidoro Almaraz and Live at 417 rd 36 we Strongly Oppose the Hopkins Street Comprehensive Plan amendment proposal number CPA2022-012 This will bring more Traffic and Crime to our Area. This should Not be allowed. Page 261 of 354 You don't often get email from gna99301@gmail.com. Learn why this is important From:Kristin Webb To:Carmen Patrick; Jacob Gonzalez; Rick White Subject:FW: Proposal CPA2022-012 Date:Thursday, June 16, 2022 7:45:49 AM From: GnA Brumbaugh <gna99301@gmail.com> Sent: Wednesday, June 15, 2022 9:49 PM To: Kristin Webb <webbk@pasco-wa.gov> Subject: Proposal CPA2022-012 [NOTICE: This message originated outside of City of Pasco -- DO NOT CLICK on links or open attachments unless you are sure the content is safe.] Pasco Planning Commision, Good evening, this email is in response to the Hopkins Street comprehensive plan amendment proposal number CPA2022-012. My wife and I live at 321 N. Road 35 and we cannot express strongly enough our opposition to the Hopkins Street comprehensive plan amendment proposal number CPA2022-012. Our neighborhood is made of single family homes with the exception of the Moore Mansion and the Seventh Day Adventist church. One of the reasons that we moved into this neighborhood in 2009 was to get away from living around high density housing (apartments). Allowing apartments to be built in our neighborhood is incompatible with our established neighborhood. We saw first hand, even with new apartment complexes, the major changes to single family dwelling neighborhoods. Crime level goes up The amount of traffic this brings to the neighborhood - especially when the streets are not set up to handle the higher traffic flow. Property values typically go down and the latest tax appraisals went up significantly again this year, the apprasols went up significantly the last time they were redone as well. If streets have to be widened to accommodate the higher traffic flow the only way to do so would be to cut away portions of our neighborhoods yards...how is that even remotely fair? Currently our neighborhood is peaceful, quiet, has a sense of security, our property values are acceptable and the character of our neighborhood is well established. I once again want to reiterate - My wife and I live at 321 N. Road 35 and we cannot express strongly enough our opposition to the Hopkins Street comprehensive plan amendment proposal number CPA2022-012. Page 262 of 354 Thank you for taking the time to read this and I know that you will do the right thing for our neighborhood and vote NO on proposal number CPA2022-012 Aaron & Geanette Brumbaugh 321 N Road 35 Pasco Page 263 of 354 From:Kristin Webb To:Carmen Patrick; Rick White; Jacob Gonzalez Subject:FW: Proposal number CPA2022-012 Date:Thursday, June 16, 2022 8:01:34 AM -----Original Message----- From: Darrin Clements <dcapple3@me.com> Sent: Wednesday, June 15, 2022 7:07 PM To: Kristin Webb <webbk@pasco-wa.gov> Subject: Proposal number CPA2022-012 [NOTICE: This message originated outside of City of Pasco -- DO NOT CLICK on links or open attachments unless you are sure the content is safe.] Darrin & Laurie Clements 3420 W. Hopkins st. Pasco , Wa. 99301 We strongly oppose the Hopkins Street comprehensive plan amendment proposal number CPA2022-012 !!!! 1 -Incompatible with neighborhood of larger lot single family homes. 2- Will bring more traffic and crime. 3- will reduce property resale value Page 264 of 354 You don't often get email from wilcabin@charter.net. Learn why this is important From:Kristin Webb To:Carmen Patrick; Jacob Gonzalez; Rick White Subject:FW: Hopkins Street Amendment proposal CPA2022-012 Date:Thursday, June 16, 2022 8:02:15 AM From: Wil Pickle <wilcabin@charter.net> Sent: Wednesday, June 15, 2022 5:17 PM To: Kristin Webb <webbk@pasco-wa.gov> Subject: Hopkins Street Amendment proposal CPA2022-012 [NOTICE: This message originated outside of City of Pasco -- DO NOT CLICK on links or open attachments unless you are sure the content is safe.] I strongly oppose the Hopkins Street comprehensive plan amendment proposal number CPA2022-012. The amendment is incompatible with the character of our Riverview Neighborhood. Thank you, Wilbur Pickel @ 405 Rd. 35 Sent from Mail for Windows Page 265 of 354 You don't often get email from janiece_stroup@msn.com. Learn why this is important From:Kristin Webb To:Carmen Patrick; Jacob Gonzalez; Rick White Subject:FW: CPA2022-12 Date:Thursday, June 16, 2022 8:02:56 AM From: Janiece Stroup <janiece_stroup@msn.com> Sent: Wednesday, June 15, 2022 4:50 PM To: Kristin Webb <webbk@pasco-wa.gov> Subject: CPA2022-12 [NOTICE: This message originated outside of City of Pasco -- DO NOT CLICK on links or open attachments unless you are sure the content is safe.] City of Pasco Planning Department, I am writing to you in regards to CPA2022-12 and the request to allow R-4 high density housing in a predominately single-family-home-neighborhood. I must also express my disappointment that I did not receive notice about this request and possible change to my neighborhood from the City of Pasco. Thankful that an informed neighbor shared this information with me. Yes, more apartments are needed in Pasco. This is NOT an issue anyone would argue. However, there are many areas that are more suited for R-4 high density housing than the area that is the focus of CPA2022-12. The area in question is predominately SINGLE family homes with a few duplexes. Our lots are larger than many of the newer Pasco neighborhoods. Many of the current home-owners opted to live in this neighborhood as it is quieter and with less traffic neighborhood than say the Desert Estates neighborhood. Also, The widening of Road 34 will not fit in with the rest of the neighborhood nor will it be a positive aspect for those that live on Road 34 as they will have a high traffic road in front of their home and less yard due to said widening. R-4 high density housing will most likely bring traffic, noise, and an increase in crime to our quieter-than-most neighborhood. These issues will then have a negative impact on our property values. While I am not available to make the meeting to discuss this issue, I hope this email gives a point of view of why I oppose the zoning code change request of CPA2022-12. Thank you for your time. Janiece Stroup 612 Road 36 509-492-0231 Page 266 of 354 From:Kristin Webb To:Carmen Patrick; Jacob Gonzalez; Rick White Subject:FW: Hopkins St. Comprehensive Plan Amendment Proposal Number CPA2022-012 Date:Thursday, June 16, 2022 8:04:24 AM -----Original Message----- From: JOANN RODRICK <djrodr@msn.com> Sent: Wednesday, June 15, 2022 4:37 PM To: Kristin Webb <webbk@pasco-wa.gov> Subject: Hopkins St. Comprehensive Plan Amendment Proposal Number CPA2022-012 [You don't often get email from djrodr@msn.com. Learn why this is important at https://aka.ms/LearnAboutSenderIdentification ] [NOTICE: This message originated outside of City of Pasco -- DO NOT CLICK on links or open attachments unless you are sure the content is safe.] I am writing regarding the above mentioned subject. A little background information: My name is Jo Ann Rodrick, proud owner of the property located at 3414 W. Hopkins St., Pasco, WA. May of this year marked 45 years I’ve been in my home. The owner of the land, Mr. Byrd sold a piece of his acreage and 5 brand new homes were built. My husband and our 1 year old son at the time were the first to buy one of the houses. We made it a home. My husband passed away almost 4 years ago. We raised our family in this home. Our boys, their wives and our 9 grandchildren still come to grannies for holidays and just to sit on the back patio and visit and play. It’s so peaceful and my retirement retreat. Laurie and Darrin Clements have lived next door to me for 40 years. Frank and Pam on the other side. Kay and Anita 2 doors down. New, young neighbors just moved last year kitty-corner from us. A new crop to take over when the old timers can’t. It’s peaceful, low traffic volume and we are a big family in this neighborhood. I may not know every single person by name but I have no doubt if I need any help they would be there to do just that. I’ve always felt safe and secure which says a lot nowadays. The idea that a developer wants to come in and change our R-1 Low Density status to R-4 High Density is outlandish. How many apartments, condo’s or homes are going to be crammed on the that land in order for those developers to make a huge profit and then walk away? And we get stuck with who knows what. We have an established neighborhood of large lot, single family homes. This change would definitely bring way more traffic and most likely crime. And it will definitely reduce our property resale values. This will be the wrong thing to do to our Riverview neighborhood. I am saying “NO” and strongly oppose the Hopkins Street Comprehensive Plan Amendment Proposal Number CPA2022-012. Thank you for your time. Sincerely, Jo Ann Rodrick (509) 547-4487 I Sent from my iPad Page 267 of 354 Page 268 of 354 You don't often get email from gypsyou813@aol.com. Learn why this is important From:Kristin Webb To:Carmen Patrick; Jacob Gonzalez; Rick White Subject:FW: Hopkins Street Amendment plan #CPA2022-012 Date:Thursday, June 16, 2022 8:09:32 AM From: Laura Deines <gypsyou813@aol.com> Sent: Wednesday, June 15, 2022 3:42 PM To: Kristin Webb <webbk@pasco-wa.gov> Subject: Hopkins Street Amendment plan #CPA2022-012 [NOTICE: This message originated outside of City of Pasco -- DO NOT CLICK on links or open attachments unless you are sure the content is safe.] We have lived in our home (3605 W Havstad St) for 34 years & have a vested interest in what happens around our neighborhood. We STRONGLY oppose the proposed amendment. There are MANY reasons that we oppose this, a few being: the resulting increase in traffic & density of residents is not something we want to suffer in our neighborhood. This proposal is completely incompatible with our established neighborhood of large lots of single family homes. It would be a blight on the safety & serenity of our neighborhood. Laura & Jeff Deines ~Laura~ “She read books as one would breathe air; to fill up and live” ~ Annie Dillard Page 269 of 354 You don't often get email from skoerner13@gmail.com. Learn why this is important From:Kristin Webb To:Carmen Patrick; Jacob Gonzalez; Rick White Subject:FW: CPA2022-012 - Strongly Oppose Date:Thursday, June 16, 2022 10:25:48 AM From: Stephanie Koerner <skoerner13@gmail.com> Sent: Thursday, June 16, 2022 10:23 AM To: Kristin Webb <webbk@pasco-wa.gov> Subject: CPA2022-012 - Strongly Oppose [NOTICE: This message originated outside of City of Pasco -- DO NOT CLICK on links or open attachments unless you are sure the content is safe.] I am unable to make it to the meeting this evening due to work commitments but I would like to voice that I strongly oppose the Hopkins Street comprehensive plan amendment proposal number CPA2022-012. The plan is incompatible with our established neighborhood of large lot single family homes, will bring heavy traffic and crime into a low traffic crime area, will reduce and devalue our property resale values, will requiring widening the roads; thereby decreasing yard size and reducing property, and is overall incompatible with the character of our neighborhood. -------------------------------------- Stephanie Koerner A champion is someone who does not settle for that day’s practice, that day’s competition, that day’s performance. They are always striving to be better. They don’t live in the past ~Briana Scurry Out of fear, people will behave in many ways that lack integrity & go against who they really are. They continue to behave as they may have as children: lying, stealing, temper tantrums, anything they can to have control over getting what they want, even when it harms others...a lack of integrity has become the norm in our society ~Margaret Paul, PhD We live in a world in which we need to share responsibility. It's easy to say, 'It's not my child, not my community, not my world, not my problem.' Then there are those who see the need and respond. I consider those people my heroes. ~Fred Rogers -------------------------------------- This message is intended for the sole use of the individual and entity to whom it is addressed and may contain information that is privileged, confidential, and exempt from disclosure under applicable law. If you are not the intended addressee nor authorized to receive for the intended addressee, you are hereby notified that you may not use, copy, disclose, or distribute to anyone the message or any information contained in the message. If you have received this message in error, please immediately advise the sender by reply email and delete the message. Thank you very much. Page 270 of 354 Page 271 of 354 From:Kristin Webb To:Carmen Patrick; Jacob Gonzalez; Rick White Subject:FW: Hopkins St plan amendment #CPA2022-012 Date:Thursday, June 16, 2022 3:37:57 PM -----Original Message----- From: Jeff Deines <jdeines123@aol.com> Sent: Wednesday, June 15, 2022 7:15 PM To: Kristin Webb <webbk@pasco-wa.gov> Subject: Hopkins St plan amendment #CPA2022-012 You don't often get email from jdeines123@aol.com. Learn why this is important <https://aka.ms/LearnAboutSenderIdentification> [NOTICE: This message originated outside of City of Pasco -- DO NOT CLICK on links or open attachments unless you are sure the content is safe.] My wife & I strongly DISAGREE with the proposed changes in our neighborhood!! We want our neighborhood to remain peaceful with only single family houses. We are totally opposed to any changes! Sent from the all new AOL app for Android <https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fplay.google.com%2Fstore%2Fapps%2Fdetails%3Fid%3Dcom.aol.mobile.aolapp&data=05%7C01%7Cgonzalezjb%40pasco- wa.gov%7C25b5699d803e49ddd82508da4fe8da66%7Ca0d3d4d17eac4c46a870b4f2b34721ab%7C0%7C0%7C637910158768849093%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=H%2BM0u35Y25iNhNzGTsDPEXtzbUKNXccHnL6SCyuRmIw%3D&reserved=0> Page 272 of 354 From:Kristin Webb To:Carmen Patrick; Jacob Gonzalez; Rick White Subject:FW: low Density residential to High Density Residential Date:Thursday, June 16, 2022 3:38:26 PM -----Original Message----- From: Dalia Valenz <daliavalenz7@gmail.com> Sent: Friday, June 10, 2022 7:34 PM To: Kristin Webb <webbk@pasco-wa.gov> Subject: low Density residential to High Density Residential You don't often get email from daliavalenz7@gmail.com. Learn why this is important <https://aka.ms/LearnAboutSenderIdentification> [NOTICE: This message originated outside of City of Pasco -- DO NOT CLICK on links or open attachments unless you are sure the content is safe.] To whom it may concern, My Neighbors and i Dont like the Idea of this neighborhood becoming a high traffic zone it puts our children and our pets at risk. we already have enough traffic with the Moore Mansion events and boat races so i ask you to please take this in consideration for our children. thank you, Dalia Valdivia Page 273 of 354 From:Kristin Webb To:Carmen Patrick; Rick White; Jacob Gonzalez Subject:FW: Rezoning proposal: Master File Number: CPA2022-Hopkins Street Date:Thursday, June 16, 2022 3:39:04 PM -----Original Message----- From: Darrin <dcapple3@me.com> Sent: Thursday, June 9, 2022 3:51 PM To: Kristin Webb <webbk@pasco-wa.gov> Subject: Rezoning proposal: Master File Number: CPA2022-Hopkins Street [NOTICE: This message originated outside of City of Pasco -- DO NOT CLICK on links or open attachments unless you are sure the content is safe.] The letter sent out stated that a decision would be made on June 16, 2022 Would like to request any decisions to be made put off till July planning commission meeting. Not sure how far out the letters you send out go ? The houses down roads 34,35,36 to Sylvester street should know about the zoning change being proposed do to the traffic it would create. That would give enough time to inform the people it would affect the most. Thank You Darrin & Laurie Clements 3420 W. Hopkins St. Pasco , Wa. 99301 509-430-1441 Page 274 of 354 You don't often get email from stutzabode@charter.net. Learn why this is important From:Kristin Webb To:Carmen Patrick; Jacob Gonzalez; Rick White Subject:FW: Against proposal number CPA2022-012 Date:Thursday, June 16, 2022 3:50:57 PM From: Kay & Anita <stutzabode@charter.net> Sent: Thursday, June 16, 2022 3:42 PM To: Kristin Webb <webbk@pasco-wa.gov> Subject: Against proposal number CPA2022-012 [NOTICE: This message originated outside of City of Pasco -- DO NOT CLICK on links or open attachments unless you are sure the content is safe.] I strongly oppose the Hopkins Street comprehensive plan amendment proposal number CPA2022-012. Will bring more traffic and crime and noise. It is a quiet peaceful neighborhood now. Again no! Kay Stutzman 3506 W Hopkins Page 275 of 354 1 Jacob Gonzalez From:Kristin Webb Sent:Friday, August 26, 2022 7:50 AM To:Jacob Gonzalez; Rick White Subject:FW: file number CPA2022-012 From: Kay & Anita <stutzabode@charter.net> Sent: Thursday, August 25, 2022 6:46 PM To: Kristin Webb <webbk@pasco‐wa.gov> Subject: file number CPA2022‐012 [NOTICE: This message originated outside of City of Pasco ‐‐ DO NOT CLICK on links or open attachments unless you are sure the content is safe.] I am strongly opposed to the proposal to change the Low Density Residential to High Density Residential. This is a very quiet and peaceful neighborhood. I do not want to see excessively more traffic. It also brings the possibility for more noise and crime which we do not need. Please keep this neighbor hood as is quiet and peaceful. Besides there is NO legal access to the property it is in my opinion land locked. Thank You Kay Stutzman 3506 W Hopkins You don't often get email from stutzabode@charter.net. Learn why this is important Page 276 of 354 2022 Pasco Comprehensive Plan Amendments and Docket Public Comments for: CPA2022-013 Prepared for the Pasco City Council September 6, 2022, Public Hearing Page 277 of 354 Public Comment: Establish Downtown Land Use CPA2022-013 Carl Holder, MBA 402 W Lewis St Pasco WA 99301 Standing: Long-term Pasco businessman, land/building owner & former DPDA board member. Downtown Pasco is/has been in decline with many vacant/for-sale buildings and low retail sales. What is the highest and best use for my vacant building? Retail Cannabis What is the highest and best use, missing, in the downtown corridor? Retail Cannabis Downtown Pasco is desperately in need of “destination businesses”. What business would bring abundant outside customers to Downtown? Retail Cannabis Retail Cannabis is a proven, high volume, and lucrative business model. A local Taxi company owner commented, "From Pasco, a high percentage of my business is taking rides to Finley and West Richland for Retail Cannabis". In my survey of local businesses, Retail Cannabis is enthusiastically supported. Thank you for this opportunity for Public Comment. Carl Holder Page 278 of 354 You don't often get email from chuck@agilepropsolutions.com. Learn why this is important From:Kristin Webb To:Jacob Gonzalez Subject:FW: Comprehensive Plan Future Land Use Amendment Proposal Date:Monday, June 6, 2022 4:38:23 PM From: chuck@agilepropsolutions.com <chuck@agilepropsolutions.com> Sent: Monday, June 6, 2022 4:13 PM To: Kristin Webb <webbk@pasco-wa.gov> Cc: 'Brad Page' <brad@kendelholdings.com> Subject: Comprehensive Plan Future Land Use Amendment Proposal [NOTICE: This message originated outside of City of Pasco -- DO NOT CLICK on links or open attachments unless you are sure the content is safe.] Hello, Could you send me details on this proposal? We own the 824 W Lewis St. Building and are just starting the process of renovating and updating this building and would like to know how this proposal may affect our building and the vacant lot we plan to build on in the future. Thanks, Chuck Sumner Office: 509-581-0074 Cell: 509-308-2920 www.agilepropsolutions.com Looking for Off-Market Real Estate Deals Join Our Buyers List: http://eepurl.com/g_kPk1 Page 279 of 354 From:Virginia Stone To:Jacob Gonzalez Cc:Diane Stone Subject:Comprehensive Plan Amendment question for CPA 2022-013 Downtown Pasco Date:Friday, June 17, 2022 1:03:22 AM You don't often get email from brightangel95@protonmail.com. Learn why this is important [NOTICE: This message originated outside of City of Pasco -- DO NOT CLICK on links or open attachments unless you are sure the content is safe.] Hi Jacob, I’m contacting you on behalf of my Mom, Diane Stone, a property owner within the proposed CPA 2022-013 area during the past 42 years. I’m helping her out because of being more familiar with the intent of the Growth Management Act and Comprehensive Plans. I’ve cc’d her in this email and please reply to all. My Mom received a notice about the proposed Comp Plan amendment change (CPA 2022- 13), but it didn’t list the specific proposed change for her property the 400 block of Sylvester between City Hall and the hospital (parcel number 1120511128). The current zoning designation is low density residential. We have three questions regarding the proposed Comp Plan Amendment. 1) What is the proposed comp plan land use zoning change? 2) How will this proposed change likely increase her property value? 3) Since 1980, my family has observed lots of property and other land use changes in this downtown Pasco vicinity. About 40 years ago, the hospital acquired the residential properties on the NW section of this block on Nixon to build a parking lot. There’s been speculation for decades regarding the purchase of the four SE residential properties (401 through 415 W Sylvester St.) for non-residential use such as hospital or other medical offices or even City of Pasco office space. Are you aware of any upcoming project proposals that would transform these properties from low density residential to something else? Please let my Mom and I know if you need any more information to answer our questions. Sincerely, Virginia Stone Sent from Proton Mail for iOS Page 280 of 354 2022 Pasco Comprehensive Plan Amendments and Docket Public Comments for: CPA2022-014 Prepared for the Pasco City Council September 6, 2022, Public Hearing Page 281 of 354 You don't often get email from bobbcar@msn.com. Learn why this is important From:Kristin Webb To:Jacob Gonzalez; Rick White Subject:FW: CPA 2022-014 Broadmoor Comprehens8ive Plan Land Use Amendment Proposal Request for Comments Date:Tuesday, June 7, 2022 11:12:38 AM From: ROBERT CAROSINO <bobbcar@msn.com> Sent: Tuesday, June 7, 2022 9:20 AM To: Kristin Webb <webbk@pasco-wa.gov> Subject: CPA 2022-014 Broadmoor Comprehens8ive Plan Land Use Amendment Proposal Request for Comments [NOTICE: This message originated outside of City of Pasco -- DO NOT CLICK on links or open attachments unless you are sure the content is safe.] I am making a preliminary comment on the proposed above action. It is exceedingly hard for the general public to obtain information on this proposal. The notice which was issued does not have any proposed Land Use Maps or links to locations where the specifics of the Proposal can be reviewed. The time frame given to provide comments on this proposal is exceeding short, and the amount of land involved, almost 1500 acres, is staggering. It is requested that the Planning Commission decision meeting be delayed for at least 2 weeks and that a readily available public information package is made available to the public to facilitate reasonable comment. In addition the city should explain the relationship of this action to the Broadmoor EIS process, that I had understood was underway, with an EIS draft expected in late Spring, 2022. I have not seen a request for comments on the draft EIS , and it seems that the process of approving a Land Use Plan amendment before the EIS is issued, is inconsistent with appropriate public notice and reasonable land use planning. Please consider this email as my initial comment on this action. If I am incorrect in the availability of information please provide me with links or copies of the Draft EIS, and the Proposed Land Use Amendment under consideration in this action. Thanks, Bob Carosino 130 Terrace Drive, Pasco, WA Sent from Mail for Windows Page 282 of 354 You don't often get email from stevens.k.lynn@gmail.com. Learn why this is important From:Kristin Webb To:Rick White; Jacob Gonzalez; Carmen Patrick Subject:FW: Questions about Broadmoor developments Date:Wednesday, June 8, 2022 1:57:51 PM From: Kay Lynn Stevens <stevens.k.lynn@gmail.com> Sent: Wednesday, June 8, 2022 1:56 PM To: Kristin Webb <webbk@pasco-wa.gov> Subject: Questions about Broadmoor developments [NOTICE: This message originated outside of City of Pasco -- DO NOT CLICK on links or open attachments unless you are sure the content is safe.] Hello, Thank you for the information that was sent regarding three land use applications for the Broadmoor area. Also, I want to commend you all for the new path that was put in on Burns Road, bravo! I now commute to work on my bike from Columbia Terrace to CBC using that path. I am concerned about pedestrian and bike travel on Broadmoor as it is, and I am hoping there is a plan to put in a path like the one that went in on Burns. Can you tell me more about the plans for safe pedestrian and bike travel with the new growth of housing and commercial property? Are there any plans for greenspaces in the new developments? The shrub steppe ecosystem has diminished in our area, and with the new developments that will only get worse. I am hoping there will be some steps taken to remediate for that loss with Page 283 of 354 greenspaces and even some native plant and pollinator- attracting landscaping. Adding in greenspace and bike paths increases the quality of life offered to the residents of the community. Thank you for your consideration, Kay Lynn Stevens 509-240-2040 9904 Coho Court Pasco, WA 99301 -- Kay Lynn Stevens, PhD Page 284 of 354 From:Kristin Webb To:Jacob Gonzalez; Rick White; Carmen Patrick Subject:FW: Comp Plan Amendment Proposal. Master File Number: CPA2022-014- BROADMOOR Date:Thursday, June 9, 2022 10:35:59 AM Thank you for the information Kristin M. Webb CDBG Administrator Community & Economic Dev. 525 N. 3rd Avenue 2nd Floor Pasco, WA 99301 (509) 543-5739 webbk@pasco-wa.gov -----Original Message----- From: Bart Gallant <hfihq@televar.com> Sent: Thursday, June 9, 2022 10:32 AM To: Kristin Webb <webbk@pasco-wa.gov> Cc: Hilke Gallant <hgmgbg@bossig.com>; Bridget Gallant <bridget.gallant95@gmail.com> Subject: Comp Plan Amendment Proposal. Master File Number: CPA2022-014- BROADMOOR [You don't often get email from hfihq@televar.com. Learn why this is important at https://aka.ms/LearnAboutSenderIdentification ] [NOTICE: This message originated outside of City of Pasco -- DO NOT CLICK on links or open attachments unless you are sure the content is safe.] Horrigan Farms, Inc. is the owner of 205 acres ( FU 105, BLK 1 SCBID ) in the subject area. Bridget Gallant will comment on the proposal at the Open Record Hearing at 6:30pm on June 16 at the Pasco City Hall. Thank you. Bart Gallant 509-947-5222 Page 285 of 354 From: Doug Muse <musefarms@icloud.com> Date: June 9, 2022 at 12:23:43 PM PDT To: complan@pasco-wa.gov Subject: CPA 2022-014 Broadmoor Attn: Jacob Gonzales Cynthia Muse here… (representing myself and save-our-shoreline.org) I just got the comp plan and must comment! The words OPEN SPACE?, compatible, corridor, mixed, pedestrian friendly, optimal, transitions, flexible park space are all great words but leave much to be interpreted in this plan. What is not interpretive is a grand river, a wildlife refuge, a historic mining pit that predates 1950, a 1920s old Columbia River Hwy (shoreline), homesteaders with historical landholdings, ecosystems created by agriculture and the need for “green”, tribal claims, historic dunes that have been a site for recreational use for generations, and open parks for life style needed as all this population grows. The river and the shoreline set the stage and everything else should mirror that fact. No commercial, residential (especially muti), should be allowed that close to habitats, historical, future recreational park spots, and trail heads near the shore. Why create a plan that does not honor first in right, first in time for the incredible flood plane this is and the joy it will bring for a huge populous that will increasingly demand open space. The density of elders which I am, want that space too, especially for dogs and grandchildren. To allow greed and denial for the impact development will have anywhere to close to that big bend in the river is a travesty! There is plenty of room for thoughtful and tastefully designed zones that allow easy passage to the river as all the shoreline plans have so clearly spell out. The shoreline road corridor should be the new park site with the old hwy road as parking, bike trails, a skateboard park, a water feature play area, covered picnic/patio area and bbq pit area, and a small boat launch ramp area and boat parking area, especially if the gravel pit area will be filled in or become a private marina. We need to look into the faces of our young people and decide what is more important here… Thank you, Doug and Cynthia Muse 260 Ridgeview Pasco, WA 509.546.0379 06/09/2022 Page 286 of 354 You don't often get email from eat@winstoncashatt.com. Learn why this is important From:Kristin Webb To:Jacob Gonzalez; Carmen Patrick; Rick White Subject:FW: Broadmoor Date:Wednesday, June 15, 2022 7:36:00 AM From: Elizabeth A. Tellessen <eat@winstoncashatt.com> Sent: Friday, June 10, 2022 1:51 PM To: Kristin Webb <webbk@pasco-wa.gov> Subject: Broadmoor [NOTICE: This message originated outside of City of Pasco -- DO NOT CLICK on links or open attachments unless you are sure the content is safe.] Hello, Would you be able to send me the substance of the map that is being proposed as well as the text amendments for CPA2022-014? Thank you, Elizabeth A. Tellessen Winston & Cashatt, Lawyers 601 W. Riverside Ave., Ste. 1900 Spokane, WA 99201 phone: 509-838-6131 fax: 509-838-1416 Disclaimer The preceding message and any attachments contain confidential information protected by the attorney- client privilege or other privilege. This communication is intended to be private and may not be recorded or copied without the consent of the author. If you believe this message has been sent to you in error, reply to the sender and then delete this message. Thank you. This email has been scanned for viruses and malware, and may have been automatically archived by Mimecast Ltd, an innovator in Software as a Service (SaaS) for business. Providing a safer and more useful place for your human generated data. Specializing in; Security, archiving and compliance. To find out more Click Here. Page 287 of 354 You don't often get email from bobbcar@msn.com. Learn why this is important From:Kristin Webb To:Carmen Patrick; Jacob Gonzalez; Rick White Subject:FW: CPA 2022-014 Broadmoor Comprehensive Plan Land Use Amendment Proposal Request for Comments Date:Wednesday, June 15, 2022 7:42:08 AM From: ROBERT CAROSINO <bobbcar@msn.com> Sent: Friday, June 10, 2022 4:33 PM To: Kristin Webb <webbk@pasco-wa.gov> Subject: Re: CPA 2022-014 Broadmoor Comprehensive Plan Land Use Amendment Proposal Request for Comments [NOTICE: This message originated outside of City of Pasco -- DO NOT CLICK on links or open attachments unless you are sure the content is safe.] To: Pasco Planning Commision and City Council I am supplementing my initial comments of June 7, 2022, with the following additional comments: 1. INCLUDE PLANS FOR A LARGE HIGH INTENSITY USE WATERFRONT PARK ALONG THE COLUMBIA RIVER This land use plan amendment package should include a commitment for the city to acquire and obtain a large parcel of land on the order of 30-4- acres for a high- density use waterfront park along the Columbia River in the Broadmoor area to serve the future Broadmoor population, and the thousands of new residents who will be moving into northwest Pasco. 2. The area south of Burns road, in the Broadmoor planning area, is the only section of land in Pasco's Urban Growth Boundaries, that contains available underdeveloped waterfront access lands for a high density use park. The park could include boat launching, beaches, picnicking areas, and other open park recreational activities along the Columbia River. 3. 4. It is the obligation of the Planning Commission and the City Council to look forward to the needs of these future residents. The city cannot rely upon surveys of current city residents to make this need known, as the need will be created by this future growth and the city must act now to make this park an integral part of plans for the Broadmoor development. 5. Page 288 of 354 6. Failure to plan now will condemn this new part of the city to become a second-class section of the Tri Cities. The new shopping center at Broadmoor Blvd. will draw traffic from the other parts of the Tri Cities and make it much more difficult for future residents to travel to other areas that may have waterfront parks. These citizens will clearly need access to the key jewel of the Tri Cities, the Columbia River shoreline and waterfront, within their own part of town. It will be sad indeed if the Broadmoor area becomes another second-class neighborhood, such as what Tukwila and Bothell have become to Seattle, with all the traffic and congestion, but none of the amenities of the other parts of the Tri Cities. 7. Planning for this major park now is critical and will increase the value of all the future development in Broadmoor, as each lotor commercial development will become more desirable and valuable when there is an available waterfront park easily accessible from northwest Pasco. It is a case of the sum of the parts being more valuable than the plans without a waterfront park! And it is not anti-development but pro-development! 2) INCLUDE PLANS FOR A WALKING AND BIKING PROMENADE ALONG THE COLUMBIA RIVER IN THE CURRENT LOCATIONS OF HARRIS ROAD AND SHORELINE ROAD. The current draft land use plan includes a discussion of an elevated pathway through the Corp of Engineers Wildlife areas. The city should be applauded for thinking about the need for walking pathways within the COR wildlife mitigation areas. In addition to the city's idea for a Boardwalk, the plan should call for the current locations of Harris and Shoreline Roads, to become 60 foot WIDE PEDESTRIAN AND BIKING ONLY PROMENADES, with vehicle traffic moving to new roads that are built further to the east. Commercial and residential developments could be built to the east of the HARRIS AND SHORELINE promenade, and front upon it on the East side. But the area to the west of the current streets should not be developed, except for recreational use. UNDER NO CIRCUMSTANCES SHOULD THE CURRENT HARRIS AND SHORELINE RIGHTS OF WAYS BE SOLD to, OR TRADED WITH PRIVATE INTERESTS, AS THIS WOULD DEPRIVE RESIDENTS OF THE CLOSE ACCESS TO THE RIVER THAT THE RIGHT OF WAY PROVIDES. That type of loss of public access has already happened with detrimental results to the public, at one location next to the undeveloped Broadmoor properties near Harris, and the public is now deprived of a close connection to that portion of the Columbia River. 3)Land use Maps and Cost Estimates of implementation of the Broadmoor development should include at least the acquisition costs for the High=Density use waterfront park in this area. 4) Planning for trails and walkways within the Broadmoor development interior, and associated maps of recreational areas, should provide for access to, and connections with the waterfront park and the Harris/Shoreline Promenade. Page 289 of 354 Respectfully submitted, Robert M. Carosino Pasco WA Sent from Outlook From: ROBERT CAROSINO Sent: Tuesday, June 7, 2022 9:19 AM To: compplan@pasco-wa.gov <compplan@pasco-wa.gov> Subject: CPA 2022-014 Broadmoor Comprehens8ive Plan Land Use Amendment Proposal Request for Comments I am making a preliminary comment on the proposed above action. It is exceedingly hard for the general public to obtain information on this proposal. The notice which was issued does not have any proposed Land Use Maps or links to locations where the specifics of the Proposal can be reviewed. The time frame given to provide comments on this proposal is exceeding short, and the amount of land involved, almost 1500 acres, is staggering. It is requested that the Planning Commission decision meeting be delayed for at least 2 weeks and that a readily available public information package is made available to the public to facilitate reasonable comment. In addition the city should explain the relationship of this action to the Broadmoor EIS process, that I had understood was underway, with an EIS draft expected in late Spring, 2022. I have not seen a request for comments on the draft EIS , and it seems that the process of approving a Land Use Plan amendment before the EIS is issued, is inconsistent with appropriate public notice and reasonable land use planning. Please consider this email as my initial comment on this action. If I am incorrect in the availability of information please provide me with links or copies of the Draft EIS, and the Proposed Land Use Amendment under consideration in this action. Thanks, Bob Carosino 130 Terrace Drive, Pasco, WA Sent from Mail for Windows Page 290 of 354 You don't often get email from jamatola@gmail.com. Learn why this is important From:Kristin Webb To:Carmen Patrick; Jacob Gonzalez; Rick White Subject:FW: Comments on Broadmoor Development, CPA2022-014 Date:Wednesday, June 15, 2022 7:42:45 AM From: jamatola <jamatola@gmail.com> Sent: Sunday, June 12, 2022 5:28 PM To: Kristin Webb <webbk@pasco-wa.gov> Subject: Comments on Broadmoor Development, CPA2022-014 [NOTICE: This message originated outside of City of Pasco -- DO NOT CLICK on links or open attachments unless you are sure the content is safe.] Hello, I moved to Mediterranean Villas in 2007, attracted by the open space around the townhouse community. I particularly like its location as I can bicycle easily to most parts of Tri-Cities, and walk across Broadmoor to birdwatch (especially the ducks on the ponds) (one of which recently disappeared), enjoy the wildflowers and small animal footprints, let my dog run on the trails, and enjoy the far reaching views (I can even see Mt. Adams). I realize the quality of life, once all the new development takes place will be greatly diminished for Page 291 of 354 people like me who enjoy open, native natural spaces. I also realize nothing I can say will reduce the development planned. However, it is essential that developers include bicycle and walking trails, some natural areas, ponds and retain views. A bike trail to the bridge is essential (currently Harris Road is dangerous with all the fast cars and industry trucks). Walking trails through the land across from Mediterranean Villas is also essential. Through the years, I observed children playing on the dunes, people skiing and sledding when there was snow, fisherman, target shooting, ATVing, motorcycling, jeeping, photographers, and mountain biking. With an increase in population in this area, where are children and older people to recreate outside? I fear the increase in crime, traffic congestion, and pollution will accompany the mass numbers of new homes and retail centers planned. Please be cognizant of what really makes for quality of living in West Pasco and include informal non-motorized trails and pockets of natural areas in your developments. Page 292 of 354 Sincerely, Jaynee Levy Page 293 of 354 You don't often get email from stevens.k.lynn@gmail.com. Learn why this is important From:Kristin Webb To:Jacob Gonzalez; Rick White; Carmen Patrick Subject:FW: Questions about Broadmoor developments Date:Wednesday, June 15, 2022 7:43:30 AM Attachments:image001.png From: Kay Lynn Stevens <stevens.k.lynn@gmail.com> Sent: Monday, June 13, 2022 8:37 AM To: Kristin Webb <webbk@pasco-wa.gov> Subject: Re: Questions about Broadmoor developments [NOTICE: This message originated outside of City of Pasco -- DO NOT CLICK on links or open attachments unless you are sure the content is safe.] Hello, Kristin, I had dinner with some of my neighbors on Saturday evening, and here are two other concerns/comments: 1. Traffic is becoming a challenge already at the intersection of Burns and Broadmoor. We hope there will be a roundabout put in soon! 2. The blowing sand from the lot north of Burns is already a serious problem for many folks who are constantly digging out of the sand that blows into their homes and yards. What will be done to mitigate this? Thank you! Kay Lynn Stevens 509-240-2040 9904 Coho Ct Pasco, WA On Wed, Jun 8, 2022 at 3:05 PM Kay Lynn Stevens <stevens.k.lynn@gmail.com> wrote: Thank you, Kristin! My questions are comments for consideration as well. On Wed, Jun 8, 2022 at 1:58 PM Kristin Webb <webbk@pasco-wa.gov> wrote: Thank you for your questions I have forwarded them onto the Planning Manager who is Page 294 of 354 You don't often get email from stevens.k.lynn@gmail.com. Learn why this is important out till Friday but should get back to you. Thanks, Kristin M. Webb CDBG Administrator Community & Economic Dev. 525 N. 3rd Avenue 2nd Floor Pasco, WA 99301 (509) 543-5739 webbk@pasco-wa.gov From: Kay Lynn Stevens <stevens.k.lynn@gmail.com> Sent: Wednesday, June 8, 2022 1:56 PM To: Kristin Webb <webbk@pasco-wa.gov> Subject: Questions about Broadmoor developments [NOTICE: This message originated outside of City of Pasco -- DO NOT CLICK on links or open attachments unless you are sure the content is safe.] Hello, Thank you for the information that was sent regarding three land use applications for the Broadmoor area. Also, I want to commend you all for the new path that was put in on Burns Road, bravo! I now commute to work on my bike from Columbia Terrace to CBC using that path. I am concerned about pedestrian and bike travel on Broadmoor as it is, and I am hoping there is a plan to put in a path like the one that went in on Burns. Can you tell me more about the plans for safe pedestrian and bike travel Page 295 of 354 with the new growth of housing and commercial property? Are there any plans for greenspaces in the new developments? The shrub steppe ecosystem has diminished in our area, and with the new developments that will only get worse. I am hoping there will be some steps taken to remediate for that loss with greenspaces and even some native plant and pollinator-attracting landscaping. Adding in greenspace and bike paths increases the quality of life offered to the residents of the community. Thank you for your consideration, Kay Lynn Stevens 509-240-2040 9904 Coho Court Pasco, WA 99301 -- Kay Lynn Stevens, PhD -- Kay Lynn Stevens, Ph.D. Page 296 of 354 From:Doug Muse To:Jacob Gonzalez Subject:Draft land use plan for Broadmoor Date:Wednesday, June 15, 2022 8:21:10 AM [You don't often get email from musefarms@aol.com. Learn why this is important at https://aka.ms/LearnAboutSenderIdentification ] [NOTICE: This message originated outside of City of Pasco -- DO NOT CLICK on links or open attachments unless you are sure the content is safe.] Thank you for taking our comments onto consideration before your initial meeting. Is there not something coming up tomorrow, Thursday, the 16th of June that we need to be aware of? It is critical that the public has input at every stage here, especially along the shoreline, both river and the Road Shoreline (the old hwy on historic maps). Please let us know where and when you are to meet so we can be a part of planning here. Doug and Cynthia Muse Sent from my iPhone Page 297 of 354 From:cynthia muse To:Jacob Gonzalez Subject:Fwd: Sos at this open record hearing…? (See below) Date:Thursday, June 16, 2022 5:25:52 AM You don't often get email from musefarms@icloud.com. Learn why this is important [NOTICE: This message originated outside of City of Pasco -- DO NOT CLICK on links or open attachments unless you are sure the content is safe.] Sent from my iPhone Begin forwarded message: From: Dana Ward <dcarlward@gmail.com> Date: June 15, 2022 at 9:50:03 PM PDT To: cynthia muse <musefarms@icloud.com>, Ward Dana <dcarlward@gmail.com>, sheri whitfield <slwhitfield1101@gmail.com> Subject: Re: Sos at this open record hearing…? (See below) Cynthia, Thanks for the heads up. My computer system is having problems and I am out of the loop at times. I can't make it tomorrow evening. Sorry. Here is something that could be presented from me: File No. CPA 2022-014 Broadmoor Master Plan To the Planning Commission/Community Development Department: The plan for the Broadmoor expansion potentially if not certainly will have unwanted impacts to the area designated the Richland Bend Wildlife Area. Currently managed by the Washington Department of Fish and Wildlife. This multi acre area borders Shoreline Drive on the east and the Columbia River on the west. This unique natural area is a biological refuge for a variety of animals, plants and nesting and migratory birds. Observations by competent bird observers has listed unique species nesting in this area such a Osprey (Fish Eagle), Wood Ducks, Great Horned Owls, Red-tailed Hawks, Barn Swallows, Tree Swallows, Northern Orioles, Black-capped Chickadees, Yellow Warblers to mention a small list of the significant number of resident bird species that thrive there. The natural area is also a buffer to the Columbia River and is vital to a set of migratory birds such as Western and Clarke's Grebes. These grebes find this section of river, adjacent to the natural area, a staging area before migrating to the Page 298 of 354 arctic to nest. Observations of up to 60 grebes have been noted in this area from shore for weeks in the spring. Without this staging area, it is possible that these grebes (especially the Clarke's Grebe) numbers will decline towards extinction. This area of the Richland Bend supports protection for a number of waterfowl such as Pintail Ducks, Gadwall Ducks, Shovelers and Mallards. The interface between the natural area and the waters of the Columbia River are critical to survival of many bird species. It is recommended by the Lower Columbia Basin Audubon Society that the city of Pasco, the Planning Commision and others recognize and protect this area for its critical habitat and birds, animals and plants that thrive there. A buffer area of several hundred feet from the border of this natural area would help in protecting the habitat. A border area of 400 yards would be even more desirable. Sincerely, Dana C. Ward Conservation Chair Lower Columbia Basin Audubon Society and Member Save Our Shoreline and Resident of West Pasco On Wed, Jun 15, 2022 at 7:49 PM cynthia muse <musefarms@icloud.com> wrote: I will be there but am really concerned with any proposed multi-use construction too close to that wildlife refuge…needs a buffer or transition zone on shoreline road as in people park. Can you be there or submit a comment? Thanks, Cynthia. Oh, the gulls and pelicans really enjoy the high water! Sent from my iPhone Page 299 of 354 AGENDA REPORT FOR: City Council August 24, 2022 TO: Dave Zabell, City Manager City Council Regular Meeting: 9/6/22 FROM: Rick White, Director Community & Economic Development SUBJECT: Public Hearing & Resolution No. 4241 - Single Room Occupancy (SRO) Housing Moratorium I. REFERENCE(S): Proposed Resolution II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: CONDUCT A PUBLIC HEARING MOTION: I move to approve Resolution No. 4241, continuing the moratorium, established through Resolution No. 4158, prohibiting the permitting of Single Room Occupancy housing and conversion thereto in the City of Pasco, pending study of impacts and best development practices and policy. III. FISCAL IMPACT: N/A IV. HISTORY AND FACTS BRIEF: This is a follow-up to Council discussion, consensus and approval of Resolution No. or conversion on moratorium a where 4158 this of March in year, development of additional Single Room Occupancy (SRO) housing was approved. That Resolution and accompanying moratorium, imposed by Council, continues in effect for an initial period of six (6) month period unless repealed, extended, or modified by the City Council. The 6-month effective date for the Moratorium expires on September 7, 2022. Council was briefed on this issue at the August 6, 2022, Workshop Meeting. V. DISCUSSION: Page 300 of 354 The text below was taken from the Council Agenda Report of March 2022, where a listing of options/issues was presented. Staff recommends extension of the moratorium so these options/issues can be effectively analyzed in the Housing Capacity Plan just getting underway. There are a variety of factors that may benefit from evaluation for the development of SRO housing. These include, but are not limited to: • Assessment of current development standards • Study of anti-displacement strategies and protective measures • Coordination with Visit Tri-Cities, Lodging Tax Advisory Committee, and housing stakeholders • Consideration within the Pasco Housing Action and Implementation Plan and the Tri-Cities Consolidated Plan Although in Pasco, three separate hotel conversions have been iss ued conditional use permits, none of those three have been issued a building permit for the actual physical conversion, but all are vested under current regulations. A number of options are present for Council and include: • Take no further action and let the market dictate the rate and timing of conversions - recognizing that the City is going through a Housing Capacity Plan (estimated completion in summer) which will offer additional insights for consideration: • Establish a moratorium on the conversion process and reassess after completion of the Housing Capacity Plan - recognizing that establishing a moratorium requires a set standard of process and is limited in duration; and • Repeal the applicable ordinance establishing the SRO process in the Pasco Municipal Code This issue will be analyzed in the Housing Capacity Plan in the context of the larger perspective of housing and housing needs in Pasco. The Housing Capacity Plan process/preparation began in August 2022. Page 301 of 354 Resolution - Moratorium – SRO - 1 RESOLUTION NO. ____ A RESOLUTION OF THE CITY OF PASCO, WASHINGTON, CONTINUING THE MORATORIUM ESTABLISHED THROUGH RESOLUTION NO. 4158 PROHIBITING PERMITTING SINGLE ROOM OCCUPANCY (SRO) HOUSING AND CONVERSION THERETO IN THE CITY OF PASCO PENDING STUDY OF IMPACTS AND BEST DEVELOPMENT PRACTICES AND POLICY WHEREAS, pursuant to Ordinance No. 4425 passed on February 19, 2019, the City of Pasco made provision in its code, at 25.162 for siting SRO facilities in its C-1 (Retail Business), C-2 (Central Business District), and C-3 (General Business District); and WHEREAS, the purpose of Ordinance No. 4425 was to address non-compliance of certain public nuisance properties, while also providing for low-income housing for City residents; and WHEREAS, SROs have historically provided low-income housing to both men and women dating back to the 19th Century; and WHEREAS, the City of Pasco sees the potential for real impact to the City’s homeless populations, but lacks current information necessary to ensure that best practices in terms of development and SRO policy are utilized to reach the greatest number of residents; and WHEREAS, the City has identified appropriate zones in which to locate SROs, but currently lacks codes, regulations, and policies which could best effectuate the original intent behind Ordinance No. 4425; and WHEREAS, SRO housing policies include a range of broad topics warranting review of the Department of Housing and Urban Development (HUD) rules and regulations relating to policy limits, to ensure equal and fair treatment of all SRO residents in the City of Pasco; and WHEREAS, the City adopted Resolution No. 4158 on March 7, 2022, declaring a moratorium which prohibited the permitting and conversion of additional SRO units; and WHEREAS, the City is undertaking a housing capacity plan process that will analyze a variety of issues and options directly relating provision of housing and housing affordability and include the opportunity for further public comment and input; and WHEREAS, the City conducted a public hearing on the SRO Moratorium on April 18, 2022, to consider public comments relating to this Moratorium at which no comments were received; and WHEREAS, RCW 36.70A.390 allows for a moratorium to be extended by six months as long as a public hearing and findings are adopted prior to any extension; Page 302 of 354 Resolution - Moratorium – SRO - 2 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, hereby resolves as follows: Section 1. Findings. After a public hearing on September 6, 2022, was held, the below findings are hereby adopted: A. The impacts to the City due to the application of SROs could be significant on the City’s roads and traffic system; B. There may also be parking implications that would have impacts on the City; C. SROs may also affect residential and commercial neighborhoods in the City; and D. The City needs time to evaluate the impacts and to address them in terms of potential regulations of SROs and intends to analyze the same during conduct of the process for the Housing Capacity Plan beginning in August of 2022. Section 2. Term of Moratorium. The Moratorium shall be extended six (6) months from the date of its authorization by the City Council of the City of Pasco. Section 3. Moratorium Continued. The Moratorium established through Resolution 4158 is hereby extended to allow for the City to conduct a study on SRO’s impacts and best practices in terms of development standards and housing policy. Section 4. Effective Date. Resolution No. 4158 shall remain in effect for an additional six (6) months, expiring on the 7th day of March 2023, unless otherwise terminated or extended. PASSED by the City Council of the City of Pasco, Washington, this 6th day of September 2022. ______________________________ Blanche Barajas Mayor ATTEST: APPROVED AS TO FORM: ______________________________ ______________________________ Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorneys Page 303 of 354 AGENDA REPORT FOR: City Council August 25, 2022 TO: Dave Zabell, City Manager City Council Regular Meeting: 9/6/22 FROM: Rick White, Director Community & Economic Development SUBJECT: Public Meeting & Resolution No. 4242 - Accepting a Notice of Intent for Alford/Cole Annexation (ANX 2022-003) I. REFERENCE(S): Proposed Resolution Overview Map Vicinity Map Notice of Intent to Commence Annexation II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: CONDUCT A PUBLIC MEETING MOTION: I move to approve Resolution No. 4242, accepting a notice of intent to commence annexation proceedings for the Alford/Cole annexation, providing a determination on the boundary to be annexed, and whether simultaneous zoning and the assumption of bonded indebtedness will be required. III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: The owners of property located at the east end of Kau Trail Road, located east of Road 68 between Deseret Drive and Kau Trail Road have submitted a Notice of Intent to Commence Annexation. The Notice of Intent has been reviewed by staff and has been determined to contain sufficient signatures to initiate the annexation process. Notices of Intent are required to contain the signatures of property owners representing at least 10 percent of the assessed value of an area proposed for Page 304 of 354 annexation. In this case, the Notice of Intent contains the signatures of owners representing approximately 50% of the assessed value within the proposed annexation area. On August 15, 2022, Council approved Resolution No. 4229, setting September 6, 2022, as the date to hold a public meeting to consider the Notice of Intent and three items listed below V. DISCUSSION: The petition method of annexation is a two-step process requiring the submittal of a Notice of Intent to Commence Annexation proceedings followed at a later date by consideration of an actual annexation petition. Upon receipt of a Notice of Intent to Commence Annexation - Council is required by law to set a date to hold a public meeting to consider: 1. Whether the City will accept, reject, or geographically modify the proposed annexation; 2. Whether it will require the simultaneous adoption of a proposed zoni ng regulation; and 3. Whether it will require the assumption of all or any portion of existing City indebtedness by the area to be annexed. Following Council review of the proposed annexation and passage of a resolution, generally accepting the boundary, staff will present the proposed annexation zoning to the Hearing Examiner for a recommendation on the zoning and prepare the annexation petition. Upon return of the petition it will be forwarded to the County Assessor for certification. Following the certification, a date will be set for a public hearing for Council to formally consider the annexation. Page 305 of 354 Resolution – Accept & Proceed (ANX 022-003) - 1 RESOLUTION NO. ________ A RESOLUTION OF THE CITY OF PASCO, ACCEPTING A NOTICE OF INTENT TO COMMENCE ANNEXATION PROCEEDINGS FOR THE ALFORD-COLE ANNEXATION, PROVIDING A DETERMINATION ON THE BOUNDARY TO BE ANNEXED, AND WHETHER SIMULTANEOUS ZONING AND THE ASSUMPTION OF BONDED INDEBTEDNESS WILL BE REQUIRED. WHEREAS, the owners of property described in Exhibit A as attached to this Resolution have filed a Notice of Intent to Commence Annexation Proceedings to the City of Pasco; and WHEREAS, on August 15, 2022 the City Council set a September 6, 2022 public meeting date with the initiators to consider (1) whether the City will accept, reject, or geographically modify the proposed annexation; (2) whether it will require the simultaneous adoption of a proposed zoning regulation; and (3) whether it will require the assumption of all or any portion of existing City indebtedness by the area to be annexed; and WHEREAS, the City Council has reviewed the Notice of Intent, conducted a public meeting with the initiators, and has determined it is in the best interests of the City to accept the proposal as depicted in Exhibit B, attached hereto; and WHEREAS, the City has determined that the proposed annexation site is within the Pasco Urban Growth Area, annexation of the proposed site would be a natural extension of the City and said annexation would be in the best interest of the Pasco community. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, DOES RESOLVE AS FOLLOWS: That the City will accept the proposed territory to be annexed as described in Exhibit A and depicted in Exhibit B attached hereto. Be It Resolved, that the territory to be annexed will not require simultaneous adoption of zoning regulations. Zoning will be determined through a public hearing process with input from affected property owners. Be It Further Resolved, that the annexation area will be required to assume a proportionate share of existing City bonded indebtedness. Page 306 of 354 Resolution – Accept & Proceed (ANX 022-003) - 1 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 Page 307 of 354 Exhibit “A” Legal Description Alford-Cole Annexation (ANX 2022-003) THOSE PORTIONS OF SECTIONS 4 OF TOWNSHIP 9 NORTH RANGE 29 EAST, W.M., DESCRIBED AS FOLLOWS: PARCEL 115 130 046: The West ½ of the East ½ of the Northeast ¼ of the Southeast ¼ of Sections 4 of Township 9 North Range 29 East, W.M. PARCEL 115 130 055: The East ½ of the East ½ of the Northeast ¼ of the Southeast ¼ of Sections 4 of Township 9 North Range 29 East, W.M. COMPRISING APPROXIMATELY 20 ACRES, MORE OR LESS. Page 308 of 354 SALMONDR THREE R IV E R S DR BAKERLOOLNMONTERE Y DRORIOLELNLASALLE DR BEACONROCKLNS N OQUALMIE DR ROAD56MARYHILLLNCASHMERELNLAREDO DRARTHURLN BUCHANANLNROAD 60JACKSONLNNORTHWEST COMMONS DR C A TALONIA DR S EVILLE DR SOCASCTTYREDRSIDON LNGRANT LNSAVARY DR ROCKETLNRIOGRANDELNROAD 76ROAD 84WESTMINSTERLNVALDEZLNROAD 52ROBERTWAYNEDRTUCKER CT ROAD 90HORNBYLNL E O PA R D D R E N Z I A N FA LL S DR J E F F ER SON D RLATAHLNC O L U M B I A R I V E R R D MAJESTIA LN OCHOCOLNSAN T A CRUZ L N C A N YON DR PORTOLNWELLINGTON DR ROAD44NCLARK RD IVY RD JANET RD FAYETTELNCOWLITZLNHUDSON CTKENTLN T HREE R IVERS DR ROAD 48 NLANDON CT DURHAM CT OUTLETDRKAU TRAIL RD SANDIFUR PKWY GALIANO DR OVERTON RD ROAD52 NMAYNE DR HUDSO N D RROAD76 NROAD70 NROAD44 NGEHRIG DR BURNS RD PAMPLONA DRWESTPORTLNHAYES LNWASHOUGALLNSTUTZ DR DESOTO DR ROAD 92CONVENTIONDRROAD 68ROAD 68 NBURNS RD DESERET DRTAYLORFLATSRDDENT RD / 0 1,000 2,000 3,000 4,000500 Feet Exhibit "B" SITE Item: Alford-Cole Annexation Applicant: Gary D. Alford/Alford Trust File #: ANX 2022-003 / ZD 2022-003 Legend City Limits Project_Name Alford-Cole Annexation Page 309 of 354 CHEHALISDRSALMONDRTHREE RIVERS DRJOHNSONDRMONTEREYDRLASALLEDRSNOQUALMIE DRLAREDO DRROAD 60PARLEYDRNORTHWEST COMMONSDRCATALONIADRSEVILLE DRTYRE D R SIDON LNSAVARYDRROAD 76ROAD 84WESTMINSTERLNVALDEZ LNROAD 52ROAD 90LEOPARDDRENZIAN FALLSDRJEFFERSON DRLATAHLNCOLUMBIARIVERRDPOLK CTMAJESTIALNKENTPLSANTACRUZLNCANYONDRWELLINGTON DRROAD44NCLARK RDIVY RDJANET RDZEPHER CTRUTH DRROAD 48 NDURHAM CTOUTLET DRLANCASTER DRKAU TRAIL RDSANDIFUR PKWYOVERTON RDROAD 52 NZAYAS DRROAD 58 NMAYNE DRHUDSONDRROAD 76 NROAD 70 NCOMISKEY DRORIOLEDRWALLOWA LNROAD 44 NGEHRIG DRBURNS RDPAMPLONA DRWASHOUGAL LNNASH DRCORD DRDESOTO DRROAD 92CONVENTIONDRROAD 6 8 ROAD 6 8 N BURNS RDDESERET DRTAYLOR FLATS RDDENT RDCity LimitsCity LimitsCity LimitsCity LimitsCityLimitsBenton County WA, Maxar--0 1,000 2,000 3,000 4,000500Feet0 1,000 2,000 3,000 4,000500FeetOverviewMapSITESITEItem: Alford-Cole AnnexationApplicant: Gary D. Alford/Alford TrustFile #: ANX 2022-003 / ZD 2022-003LegendProject_NameAlford-ColeAnnexationCity_Limits 2022City_Limits 2022Page 310 of 354 BASALT FALLS DRMISSION RIDGE DRROAD 68 ROAD 60BURNS RDKAU TRAIL RDROAD 76 NROAD 70 NBURNS RDROAD 68 NDESERET DRCityLimitsCity Limits City LimitsCity LimitsBenton County WA, Maxar--0 570 1,100 1,700 2,300290Feet0 570 1,100 1,700 2,300290FeetVicinityMapSITESITEItem: Alford-Cole AnnexationApplicant: Gary D. Alford/Alford TrustFile #: ANX 2022-003 / ZD 2022-003LegendProject_NameAlford-ColeAnnexationCity_Limits 2022City_Limits 2022Page 311 of 354 NOTICE OF INTENTION TO COMMENCE ANNEXATION PROCEDURES TO: The City Council of the City of Pasco 525 North Third Avenue Pasco, Washington 99301 Council Members: The undersigned, who are the owners of not less than ten percent in value, according to the assessed valuation for general taxation of the property for which annexation is sought, hereby advise the City Council of the City of Pasco that it is the desire of the undersigned owners of the following area to commence annexation proceedings. The property herein referred to is described on Exhibit "A" attached hereto and is depicted on Exhibit "B" further attached hereto. It is requested that the City Council of the City of Pasco set a date not later than sixty days after the filing of this request for a meeting with the undersigned to determine: (1)Whether the City Council will accept the proposed annexation; and, (2)Whether the City Council will require the assumption of existing City indebtedness by the area to be annexed; and, (3)Whether the City Council will require simultaneous zoning. This page is one of a group of pages containing identical text material and is intended by the signers of this Notice of Intention to be presented and considered as one Notice of Intention and may be filed with other pages containing additional signatures which cumulatively may be considered as a single Notice of Intention. Page 312 of 354 Exhibit "A" Legal Description Alford-Cole Annexation (ANX 2022-003) THOSE PORTIONS OF SECTIONS 4 OF TOWNSHIP 9 NORTH RANGE 29 EAST, W.M., DESCRIBED AS FOLLOWS: PARCEL 115 130 046: The West ½ of the East ½ of the Northeast ¼ of the Southeast ¼ of Sections 4 of Township 9 North Range 29 East, W.M. PARCEL 115 130 055: The East ½ of the East ½ of the Northeast ¼ of the Southeast ¼ of Sections 4 of Township 9 North Range 29 East, W.M. £<-.._(_I,\ COMPRISING APPROXIMATELY 10 ACRES, MORE OR LESS. ·-hJ ,.,-u h-1--z-.__/ o .(' Zo C.:C...c ,-es-· .. Page 313 of 354 Item: Alford-Cole Annexation Applicant: Ghi±¢me Alfuftl G ur c, D � 1'4 I£ t cl 1 7r<:.A.. s·-1-F' e -k,r M, b, _.,4/+-.:,,-c( a:....�c/ -Exhibit "A" File #: ANX 2022-003 / ZD 2022-003 T3 e v e r l I A l-1:; r-c/ -r;:: cA.. s· -1-- j /I�\_ � '-'<& � �' .:e,.h � 1h. ,l ii /j:.f it ;<.!9f � N � p Legend D City Limits Project_Name DENT RD i;,,"SSJ Alford-C?leC!:=====::::!::======t-==-:;7"==€1:ARK;R,·==--=, Annexationc§ l[�,-+I +I +I +I +-I t-llh1rll-tl--tlTTTI : a:::� rT SITE q�&;&ra.Trm9Rl mum� I II � LA SALLE !'l SNOQUALMIE DURHAM CT DR TUCKER i::; DR WEL:LINGTON DR STUTZ . CT 3 =i s: ·� z DR. HUDSON 8 J(AtON w _J CT It/. . � . :),::'. 0::: z . ' , ' V<'.) THREE MAJESTIA L_N g \::I _J ,:;r. (S'0,1, 0 R!VERS DR N Cl Vl co -� :C z � O'I <C � . Cl . <(.-l >". 0 o ::E DESOTO <( CANYON DR . ti= . 1.0 a , <C a::: I-DR 9 ...J r--O' ·O Vl ,.._ O CP a::: w o NDIFUR PKWY <( 500! ,000 2,000 3,000 4,00 MAYNE -�F'I FI f, :t,•· .. -5?1 I DR SAVARY DR Feet =i GALIANO -OR 5: UJ Cl 0 c£ LEOPARD BURNS RD0 , N ui ;::o OJ DR t-LI) � O m � • Cl ...... )> :),::'. z ' ::lz 3. no -1.1 u_J ; <C >-<-lf-z rn "r-o, �-o -,, o 5= _J � _J • � �-z_ a::: r, a::: SAN\p,.CRU<' 0::: <C a. ,-· , re� OR ;i;:o•-.....--,--,w o::: (A. <(�I-z <THREE RIV•\.-· �� O:::o -· ��o·v ::E. 0 ill 8 -l L.li-:::.il-HlfTI i:'.= � V & \,,� o::::C �O ����I � q �-� zi5 ·.. � NORTHWEST o ,< -' o ENZIAN . COMMONS DR ', w §i FALLS DR SEVJLLEDR , .. · cf)' � '.'j� &fs c�TALONIA DR' 0 ◊ � 6 GEHRIG <§ YJ LAREDO D_R u DR <:i:-#PAMPLONA DR lltONTERE'< DR � Page 314 of 354 1.Please print your name in addition to signing. PRINT NAME SIGNATURE DATE 7- / ·-7.(.12'2__ Page 315 of 354 Affidavit of Signature for Annexation Notice of Intent and Petition Under the penalty of perjury, I declare under oath, that I am authorized to sign deeds and encumbrances on behalf of iV\. i). C-.,;.,....c/ de V '{I"' l.7 /1././4:d ,,;(A. 5 rand I am further authorized to sign other documents including Notices of Intent and Petitions. Signature State of Weslli,,gtut�\\f()\�·\(A ): ss. 1"-I l · County of 1 , --�i"l l, • •t )SOf\10\ UCA.\'C\ -J- I- 2a22- Date I certify that I know or have satisfactory evidence that ________ is the person who appeared before me, and said person acknowledged that (he/she) signed this instrument, on oath stated that (he/she) was authorized to execute the instrument and acknowledged it as the __________ of ____________ to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument . . -&, � l Given under my hand and official seal this_\_ day of (j,) \J\ CJ?, ftC K 62� art(lc\,\� Page 316 of 354 ACKNOWLEDGMENT A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Santa Clara} ss. On ITT (0\ \affid: Public, personally appeared -J,,;;.,,,_,,��---1:=..:.--1.......1-+�L.Ll,,,A.----------- who proved to me on the basis of satisfactory evidence to be the person�· whose me��subscribe. d to the w;· in instrument and acknowledged to me that � executed th� same in i l=len'their authorized capacity�, and that by /hedthei( signature� on the ins rument the person� or the entity upon behalf of which the personpf acted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Date of Document Type or Title of Document Number of Pages in Document OPTIONAL INFORMA T/ON Document in a Foreign Language mw.Y\t \ �t\\\Of\ Type of Satisfactory Evidence: __ Personally Known with Paper Identification __ Paper Identification __ Credible Witness(es) Capacity of Signer: Trustee __ Power of Attorney CEO/ CFO/ COO::==President/ Vice-President/ Secretary/ Treasurer Other: _____________ _ (seal) D Check here if no thumbprint or fingerprint is available. Other Information: __________________________ _ Page 317 of 354 AGENDA REPORT FOR: City Council August 30, 2022 TO: Dave Zabell, City Manager City Council Regular Meeting: 9/6/22 FROM: Eric Ferguson, City Attorney Executive SUBJECT: *Ordinance No. 4606 – Amending the Pasco Municipal Code by Creating a new Section to Align with State Laws and Amending Title 9, Related to Crimes of Domestic Violence and Violations of Other Court Orders I. REFERENCE(S): Ordinance II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to adopt Ordinance No. 4606, creating a new Section 1.02.030 of the Pasco Municipal Code (PMC), and amending PMC Sections 9.10.030, 9.10.040, 9.20.090, 9.15.040, 9.15.050, 9.20.050, 9.20.060 and updating criminal codes to address changes in state law involving crimes of dome stic violence and violation of court orders. III. FISCAL IMPACT: N/A IV. HISTORY AND FACTS BRIEF: The City of Pasco has need, from time to time, to amend the Pasco Municipal Code (PMC) to align with state law. In 2021, the Washington State Legislature consolidated and re -codified a number of disparate statutes, including but not limited to Chapter 26.50 RCW related to related RCW 10.14 domestic orders, violence to Chapter antiharassment orders, and Chapter 74.34 RCW related to vulnerable adult protection orders. These rules were all re-codified as Chapter 7.105 RCW. The PMC extends local jurisdiction over misdemeanor and gross misdemeanor court order violations that occur within city-limits. However, the language in the PMC specifically references sections of state law that have been repealed. For Page 318 of 354 this reason, the PMC must be amended to cite the new state statutes and eliminate references to repealed state statutes. V. DISCUSSION: Without these amendments to PMC related to contempt of Court/violation of Court Orders, criminal prosecution of no-contact order violations by the City of Pasco in Pasco Municipal Court will fail. City Attorney Eric Ferguson and the City of Pasco's Prosecuting Attorney Mike Rio will be available at the meeting to answer any questions regarding the needed amendments to the PMC. Page 319 of 354 Ordinance – RCW Changes to Crimes of Domestic Violence and Violation of Court Orders - 1 ORDINANCE NO. ___________ AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON, CREATING A NEW SECTION 1.02.030 OF THE PASCO MUNICIPAL CODE, AND AMENDING SECTIONS 9.10.030, 9.10.040, 9.15.040, 9.15.050, 9.20.050, 9.20.060 AND 9.20.090 OF THE PASCO MUNICIPAL CODE UPDATING CRIMINAL CODES TO ADDRESS CHANGES IN STATE LAW INVOLVING CRIMES OF DOMESTIC VIOLENCE AND VIOLATION OF COURT ORDERS. WHEREAS, the City of Pasco has need, from time to time, to amend the Pasco Municipal Code (PMC) to align with State law; and WHEREAS, the Washington State Legislature recently consolidated and recodified a number of specific statutes, including but not limited to Chapter 26.50 RCW related to domestic violence orders, Chapter 10.14 RCW related to anti-harassment orders, and Chapter 74.34 RCW related to vulnerable adult protection orders, as a new Chapter 7.105 RCW; and WHEREAS, amendments to affected portions of the PMC are necessary to consistently enable the City to address violations of the law as it prosecutes certain crimes, including domestic violence and violations of no-contact orders. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON DO ORDAIN as follows: Section 1. That a new Section 1.02.030 entitled “Adoption of State statutes by reference” of the Pasco Municipal Code, is hereby created to read as follows: 1.02.030 Adoption of State statutes by reference. Statutes of the State of Washington, as specified in this Code, including those Titles and Chapters hereof relating to law enforcement and criminal prosecution, including, but not limited to Title 9, PEACE, SAFETY AND MORALS, and Title 10, VEHICLES AND TRAFFIC, are adopted by reference as a part of the City Code as if set forth in full, copies of the text thereof as provided in the Revised Code of Washington shall be on file in the offices of the City Clerk or as otherwise directed by the City Clerk for access to persons seeking the same. Section 2. That Section 9.10.030 entitled “Violation of other court orders” of the Pasco Municipal Code, is hereby amended to read as follows: 9.10.030 Violation of other court orders. Any person violating, within the City of Pasco, a court order issued by any court of competent jurisdiction, when the violation of such court order is a criminal misdemeanor or gross misdemeanor under: Page 320 of 354 Ordinance – RCW Changes to Crimes of Domestic Violence and Violation of Court Orders - 2 (1) Chapter 7.105 RCW or Chapter 9A.46 RCW (criminal no-contact order); or (2) Chapter 7.105 RCW or the former Chapter 10.14 RCW (antiharassment order); or (3) Chapter 7.105 RCW or Chapter 10.99 RCW (criminal no-contact order); or (4) Chapter 7.105 21.50 RCW (restraining order issued on behalf of an abused child or adult dependent person); or (5) Chapter 7.105 RCW or Chapter 26.09 RCW (dissolution action order); or (6) Chapter 7.105 RCW or the former Chapter 26.26 RCW (parentage action order); or (7) Chapter 7.105 RCW or the former Chapter 26.50 RCW (domestic violence protection order); or (8) Chapter 7.105 RCW or Chapter 26.52 RCW (foreign protection order); or (9) Chapter 7.105 RCW or Chapter 74.34 RCW (order for protection of a vulnerable adult); is subject to prosecution for such violation in the Pasco Municipal Court the same as any other criminal violation of this title. [Ord. 3483 § 3, 2001; Code 1970 § 9.03.012.] Section 3. That Section 9.10.040 entitled “Violation of Order – Penalties” of the Pasco Municipal Code, is hereby amended to read as follows: 9.10.040 Violation of order – Penalties. (1) Whenever an order is granted by the Pasco Municipal Court or under any of the RCWs listed in PMC 9.10.030, and the defendant, respondent, or person to be restrained knows of the order, a violation of the restraint provisions or of a provision excluding the person from a residence, workplace, school, or day care, or prohibiting the person from knowingly coming within, or knowingly remaining within, a specified distance of a location, or of a provision of a foreign protection order specifically indicating that a violation will be a crime, for which an arrest is required under RCW 10.31.100(2)(a) or (b), is a gross misdemeanor except as provided in subsections (4) and (5) of this section. (2) A peace officer shall arrest without a warrant and take into custody a person whom the peace officer has probable cause to believe has violated an order issued by the Pasco Municipal Court or an order issued pursuant to Chapters 7.105, 10.99, 26.09, 26.10, 26.26, 26.50, 26.52, or 74.34 RCW, that restrains the person or excludes the person from a residence, workplace, school or day care, or prohibits the person from knowingly coming within, or knowingly remaining within, a specified distance of a location, if the person restrained knows of the order. Presence of the order in the law enforcement computer-based criminal intelligence information system is not the only means of establishing knowledge of the order. Page 321 of 354 Ordinance – RCW Changes to Crimes of Domestic Violence and Violation of Court Orders - 3 (3) A violation of an order issued in Pasco Municipal Court, or under Chapters 7.105, 10.99, 26.09, 26.10, 26.26, 26.50, 26.52, or 74.34 RCW, or the former Chapters 26.26 or 26.50, RCW, shall also constitute contempt of court, and is subject to the penalties prescribed by law. (4) Any assault that is a violation of an order issued by Pasco Municipal Court, or under Chapters 7.105, 10.99, 26.09, 26.10, 26.26, 26.50, 26.52, or 74.34 RCW, or the former Chapters 26.26 or 26.50 RCW, that does not amount to assault in the first or second degree under RCW 9A.36.011 or 9A.36.021, is a class C felony, and any conduct in violation of such an order that is reckless and creates a substantial risk of death or serious physical injury to another person is a class C felony. (5) A violation of a court order issued by Pasco Municipal Court, or under Chapters 7.105, 10.99, 26.09, 26.10, 26.26, 26.50, 26.52, or 74.34 RCW or the former Chapters 26.26 or 26.50 RCW, is a class C felony if the offender has at least two previous convictions for violating the provisions of an order issued under Chapters 7.105, 10.99, 26.09, 26.10, 26.26, 26.50, 26.52, or 74.34 RCW, or the former Chapters 26.26, 26.50 RCW. The previous convictions may involve the same victim or other victims specifically protected by the orders the offender violated. (6) Upon the filing of an affidavit by the petitioner or any peace officer alleging that the defendant, respondent, or person under restraint has violated an order granted under the Pasco Municipal Code, or under Chapters 7.105, 10.99, 26.09, 26.10, 26.26, 26.50, 26.52, or 74.34 RCW, or the former Chapters 26.26 or 26.50 RCW, the court may issue an order to the defendant, respondent, or person under restraint, requiring that person to appear and show cause within 14 days why he or she should not be found in contempt of court and punished accordingly. The hearing may be held in the court of any county or municipality in which the petitioner or respondent temporarily or permanently resides at the time of the alleged violation. [Ord. 3483 § 3, 2001; Ord. 2669 § 1, 1987; Code 1970 § 9.03.020.] Section 4. That Section 9.15.040 entitled “Domestic violence” of the Pasco Municipal Code, is hereby amended to read as follows: 9.15.040 Domestic violence. (1) The purpose of this section of the Pasco Municipal Code is to recognize the importance of domestic violence as a serious crime against society and to assure the victim of domestic violence the maximum protection from abuse that the law and those who enforce it can possibly provide. (2) Definitions. “Domestic violence” includes but is not limited to any of the following crimes when committed by one family or household member against another: (a) Assault in the fourth degree (RCW 9A.36.041 and PMC 9.15.030, Simple assault). (b) Reckless endangerment in the second degree (RCW 9A.36.050 and PMC 9.15.070). Page 322 of 354 Ordinance – RCW Changes to Crimes of Domestic Violence and Violation of Court Orders - 4 (c) Coercion (RCW 9A.36.070 and PMC 9.140.070). (d) Criminal trespass in the first degree (RCW 9A.52.070 and PMC 9.115.020(1)). (e) Criminal trespass in the second degree (RCW 9A.52.080 and PMC 9.115.020(2)). (f) Destruction or removal of property (PMC 9.115.090). (g) Violation of the provisions of a restraining order or protection order restraining the person or excluding the person from a residence (RCW 7.105, 26.09.300, 26.50.060, 26.50.070, 26.50.110, 26.50.130, 26.52.070, or Chapter 74.34 RCW, or the former Sections 26.50.060, 26.50.070, 26.50.110 and/or 26.50.130 RCW, and PMC 9.10.010). “Dating relationship” means a social relationship of a romantic nature. Factors that the court may consider in making this determination include: (a) the length of time the relationship has existed; (b) the nature of the relationship; and (c) the frequency of interaction between the parties. “Family or household member” means spouses, domestic partners, former spouses, former domestic partners, persons who have a child in common regardless of whether they have been married or have lived together at any time, adult persons related by blood or marriage, adult persons who are presently residing together or who have resided together in the past, persons 16 years of age or older who are presently residing together or who have resided together in the past and who have or have had a dating relationship, persons 16 years of age or older with whom a person 16 years of age or older has or has had a dating relationship, and persons who have a biological or legal parent-child relationship, including stepparents and stepchildren and grandparents and grandchildren. “Victim” means a family or household member who has been subjected to domestic violence. (3) Simple Assault – Domestic Violence. No person may, as a family or household member, willfully use or threaten to use by purposeful words or acts, unlawful physical force against another member of the same family or household. (4) Any defense available to a person charged with the crime of assault in the fourth degree under RCW 9A.36.041 shall also be a defense to the crime of simple assault – domestic violence under this section. (5) Any crime charged under this section shall be a gross misdemeanor. [Ord. 4093, 2012; Ord. 3484 § 2, 2001; Code 1970 § 9.06.040.] Section 5. That Section 9.15.050 entitled “Interfering with reporting domestic violence” of the Pasco Municipal Code, is hereby amended to read as follows: Page 323 of 354 Ordinance – RCW Changes to Crimes of Domestic Violence and Violation of Court Orders - 5 9.15.050 Interfering with reporting domestic violence. (1) A person commits the crime of interfering with reporting domestic violence if the person: (a) Commits a crime of domestic violence as defined in PMC 9.15.040, and/or Chapter 7.105 RCW; and (b) Prevents or attempts to prevent the victim of or a witness to that domestic violence crime from calling the 911 emergency communication system, or from obtaining medical assistance, or from making a report to any law enforcement official. (2) Commission of a crime of domestic violence under subsection (1) of this section is a necessary element of the crime of interfering with reporting domestic violence. (3) Interfering with reporting domestic violence is a gross misdemeanor. [Ord. 3484 § 2, 2001; Code 1970 § 9.06.050.] Section 6. That Section 9.20.050 entitled “Crimes included in harassment” of the Pasco Municipal Code, is hereby amended to read as follows: 9.20.050 Crimes included in harassment. As used in this chapter, “harassment” may include but is not limited to any of the following crimes: (1) Harassment (PMC 9.20.010 or RCW 7.105 or RCW 9A.46.020); (2) Malicious harassment (PMC 9.15.060 or RCW 9A.36.080); (3) Telephone harassment (RCW 9.130.230); (4) Assault in the first degree (RCW 9A.36.011); (5) Assault of a child in the first degree (RCW 9A.36.120); (6) Assault in the second degree (RCW 9A.36.021); (7) Assault of a child in the second degree (RCW 9A.36.130); (8) Assault in the fourth degree (RCW 9A.36.041); (9) Simple assault (PMC 9.15.030) or Simple Assault – Domestic Violence (PMC 9.15.040(3) and/or Chapter 7.105 RCW); Page 324 of 354 Ordinance – RCW Changes to Crimes of Domestic Violence and Violation of Court Orders - 6 (10) Reckless endangerment in the second degree (PMC 9.15.070 or RCW 9A.36.050); (11) Extortion in the first degree (RCW 9A.56.120); (12) Extortion in the second degree (RCW 9A.56.130); (13) Coercion (PMC 9.140.070 or RCW 9A.36.070); (14) Burglary in the first degree (RCW 9A.52.020); (15) Burglary in the second degree (RCW 9A.52.030); (16) Criminal trespass in the first degree (PMC 9.115.020(1) or RCW 9A.52.070); (17) Criminal trespass in the second degree (PMC 9.115.020(2) or RCW 9A.52.080); (18) Malicious mischief in the first degree (RCW 9A.48.070); (19) Malicious mischief in the second degree (RCW 9A.48.080); (20) Malicious mischief in the third degree (PMC 9.115.090 or RCW 9A.48.090); (21) Kidnapping in the first degree (RCW 9A.40.020); (22) Kidnapping in the second degree (RCW 9A.40.030); (23) Unlawful imprisonment (RCW 9A.40.040); (24) Rape in the first degree (RCW 9A.44.040); (25) Rape in the second degree (RCW 9A.44.050); (26) Rape in the third degree (RCW 9A.44.060); (27) Indecent liberties (RCW 9A.44.100); (28) Rape of a child in the first degree (RCW 9A.44.073); (29) Rape of a child in the second degree (RCW 9A.44.076); (30) Rape of a child in the third degree (RCW 9A.44.079); (31) Child molestation in the first degree (RCW 9A.44.083); (32) Child molestation in the second degree (RCW 9A.44.086); Page 325 of 354 Ordinance – RCW Changes to Crimes of Domestic Violence and Violation of Court Orders - 7 (33) Child molestation in the third degree (RCW 9A.44.089); (34) Stalking (PMC 9.20.090 or RCW 9A.46.110); (35) Residential burglary (RCW 9A.52.025); (36) Violation of a temporary or permanent protective order issued pursuant to Chapter 7.105, 9A.46, 10.14, 10.99, or 25.09 RCW, or the former Chapter 26.50 RCW; (37) Unlawful discharge of laser in the first degree (RCW 9A.49.200); and (38) Unlawful discharge of a laser in the second degree (RCW 9A.49.030). [Ord. 4482 § 2, 2020; Ord. 3484 § 4, 2001; Ord. 2912 § 1, 1992; Code 1970 § 9.08.050.] Section 7. That Section 9.20.060 entitled “Order restricting contact – Violation” of the Pasco Municipal Code, is hereby amended to read as follows: 9.20.060 Order restricting contact – Violation. The victim shall be informed by local law enforcement agencies or the prosecuting attorney of the final disposition of the case in which the victim is involved. If a defendant is found guilty of a crime of harassment and a condition of the sentence restricts the defendant’s ability to have contact with the victim or witnesses, the condition shall be recorded and a written certified copy of that order shall be provided to the victim or witnesses by the Clerk of the court. Willful violation of a court order issued under this section is a misdemeanor. The written order shall contain the court’s directives and shall bear the legend: Violation of this order is a criminal offense under Chapter 9A.46 RCW, and/or Chapter 7.105 RCW, and will subject a violator to arrest. [Ord. 2912 § 1, 1992; Code 1970 § 9.08.060.] Section 8. That Section 9.20.090 entitled “Stalking – Penalties” of the Pasco Municipal Code, is hereby amended to read as follows: 9.20.090 Stalking – Penalties. (1) A person commits the crime of stalking if, without lawful authority and under circumstances not amounting to a felony attempt of another crime: (a) He or she intentionally and repeatedly harasses or repeatedly follows another person; and (b) The person being harassed or followed is placed in fear that the stalker intends to injure the person, another person or property of the person or of another person. The feeling Page 326 of 354 Ordinance – RCW Changes to Crimes of Domestic Violence and Violation of Court Orders - 8 of fear must be one that a reasonable person in the same situation would experience under all the circumstances; and (c) The stalker either: (i) Intends to frighten, intimidate, or harass the person; or (ii) Knows or reasonably should know that the person is afraid, intimidated, or harassed even if the stalker did not intend to place the person in fear or intimidate or harass the person. (2) It is not a defense to the crime of stalking under subsection (1)(c)(i) of this section that the stalker was not given actual notice that the person being followed did not want the stalker to contact or follow the person; and (3) It is not a defense to the crime of stalking under subsection (1)(c)(ii) of this section that the stalker did not intend to frighten, intimidate, or harass the person being followed. (4) It shall be a defense to the crime of stalking that the defendant is a licensed private detective acting within the capacity of his or her license as provided by Chapter 18.165 RCW. (5) Attempts to contact or follow the person after being given actual notice that the person does not want to be contacted or followed constitutes prima facie evidence that the stalker intends to intimidate or harass the person. “Contact” includes, in addition to any other form of contact or communication, the sending of an electronic communication to the person. (6) Except as provided in RCW 9A.46.110(5)(b), such additional elements as constitute a class B felony, a person who stalks another person is guilty of a gross misdemeanor. (7) As used in this section: “Follows” means deliberately maintaining visual or physical proximity to a specific person over a period of time. A finding that the alleged stalker repeatedly and deliberately appears at the person’s home, school, place of employment, business, or any other location to maintain visual or physical proximity to the person is sufficient to find that the alleged stalker follows the person. It is not necessary to establish that the alleged stalker follows the person while in transit from one location to another. “Harasses” means unlawful harassment as defined in PMC 9.20.010 and/or RCW 10.14.020Chapter 7.105. “Protective order” means any temporary or permanent court order prohibiting or limiting violence against, harassment of, contact or communication with, or physical proximity to another person. Page 327 of 354 Ordinance – RCW Changes to Crimes of Domestic Violence and Violation of Court Orders - 9 “Repeatedly” means on two or more separate occasions. [Ord. 4153, 2014; Ord. 3484 § 5, 2001; Ord. 2912 § 1, 1992; Code 1970 § 9.08.090.] Section 9. This Ordinance shall take full force and effect five (5) days after approval, passage and publication as required by law. Section 10. Should any section or provision of this Ordinance be declared by a court of competent jurisdiction to be invalid, that decision shall not affect the validity of the Ordinance as a whole or any part thereof, other than the part so declared to be invalid. Section 11. The City Clerk and the codifiers of this Ordinance are authorized to make necessary corrections to this Ordinance, including but not limited to the correction of scrivener’s errors/clerical errors, section numbering, references, or similar mistakes of form. 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 328 of 354 AGENDA REPORT FOR: City Council August 25, 2022 TO: Dave Zabell, City Manager City Council Regular Meeting: 9/6/22 FROM: Zach Ratkai, Director Administrative & Community Services SUBJECT: *Resolution No. 4243 - Surplus of City Property Along West A Street (Parcel No. 112282138) I. REFERENCE(S): Proposed Resolution II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to approve Resolution No. 4243, declaring City -owned real property surplus, setting the minimum price and the method of sale for Parcel No. 112282138, and further, authorize the City Manager to sell the property through realtor listing for a minimum price determined through market analysis. III. FISCAL IMPACT: Through a Market Study by the City of Pasco realtor, the determined property value and minimum price is $12,000.00. Official fiscal impact upon approval of Purchase and Sale Agreement for the Property. IV. HISTORY AND FACTS BRIEF: For the last number of years, the City of Pasco has systematically identified and designated certain City-owned parcels as surplus to City needs and put them up for sale. Parcels in this surplus pool have ranged from civic use sites to remaindered parcels after roadways have realigned. Recently, Pasco staff has built an inventory of City-owned parcels to: • Determine which parcels remain in surplus status • Identify baseline data on total City-owned acreage • Build a future strategy on the utilization of public buildings and property • Identify future maintenance strategy and resource allocation Page 329 of 354 This action through resolution is to deem the aforementioned property along West A Street, also known as Parcel No. 112282138, surplus to civic need and development. V. DISCUSSION: Pasco Municipal Code (PMC) Section 2.120.010 authorizes City Council to declare property surplus to City need and offer said property to be sold. Council shall, according to Section 2.120.020, by resolution, authorize sale by either fixing a minimum price, or authorize sale through determination of minimum price through appraisal or market analysis. The process for ultimate sale of the property would occur through realtor listing in conformance with PMC Section 2.120.030. Page 330 of 354 Resolution – Surplus City-Owned Property Parcel No. 112282138 - 1 RESOLUTION NO. _____ A RESOLUTION OF THE CITY OF PASCO, WASHINGTON, DECLARING CITY-OWNED PARCEL NO. 112282138 SURPLUS, SETTING THE MINIMUM PRICE AND THE METHOD OF SALE FOR PARCEL NO. 112282138. WHEREAS, in accordance with Pasco Municipal Code (PMC) Chapter 2.120, prior to a sale of real property the City Council shall declare the same to be surplus and the sale to be in the best interest of the City, set the minimum price for the sale of the property, and determine the method of sale; and WHEREAS, pursuant to PMC 2.120.030 the City Council may resolve to affect the sale by way of, among other methods, a listing agent, after request for qualifications (RFQ) for a qualified licensed realtor, but in any event shall declare the method of sale of the surplus property; and WHEREAS, in accordance with PMC 2.120.020 the Council shall set the minimum price for the sale or authorize a determination of the minimum price by way of appraisal or market analysis; and WHEREAS, the City Council hereby declares that it is in the best interest to surplus Parcel No. 112282138, as it is no longer needed for municipal purposes, the method of sale shall be by and through a listing agent selected through the RFQ process, and authorizes a determination of the minimum price by market analysis; and WHEREAS, the Pasco City Council finds it in the City’s best interest to authorize the listing for sale of Parcel No. 112282138, subject to final approval of the City Council and in accordance with the recommendations of the City’s Real Estate Broker; and WHEREAS, the City Council listed the subject property with a qualified realtor under the terms of the negotiated listing agreement (on file with City) which among other things includes the terms of the listing, the minimum price of the subject property, realtor services to be performed and expresses that the Council’s approval is a condition precedent to the sale being completed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON: That the City Manager is authorized to market this property through a realtor listing for a minimum price to be determined through market analysis; and to take all necessary steps required to accomplish this transaction. Page 331 of 354 Resolution – Surplus City-Owned Property Parcel No. 112282138 - 2 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 Page 332 of 354 AGENDA REPORT FOR: City Council August 29, 2022 TO: Dave Zabell, City Manager City Council Regular Meeting: 9/6/22 FROM: Zach Ratkai, Director Administrative & Community Services SUBJECT: *Resolution No. 4244 - Sale of Property Along West A Street (Parcel No. 112282138) I. REFERENCE(S): Proposed Resolution Purchase and Sale Agreement II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to approve Resolution No. 4244, approving the sale of City - owned real property. 0.8-acre, located along West A Street. III. FISCAL IMPACT: Offer for Purchase $12,000.00 Net Proceeds to City $12,000.00 IV. HISTORY AND FACTS BRIEF: Over the last year, the adjacent property owner has transformed a previous residential building into a small business. As this business has grown, so has the need for parking. The residents have been using this city-owned parcel for parking, which is currently in violation of the Pasco Municipal Code (PMC). The adjacent property owner has offered to purchase the property, provide screening and a level of development to conform to site development standards. City staff has determined that the property is no longer necessary to civic need and that sale of the property would alleviate the PMC issues and bring the site into compliance, subject to site development standards. The purchaser has agreed to fence and screen the parking for the site after purchase. Page 333 of 354 V. DISCUSSION: Staff recommends approval of the proposed Resolution approving the Purchase and Sale Agreement for the sale of Parcel No. 112282138. Page 334 of 354 Resolution – PSA for Parcel No. 112282138 - 1 RESOLUTION NO. ____ A RESOLUTION OF THE CITY OF PASCO, WASHINGTON, APPROVING THE SALE OF CERTAIN REAL PROPERTY ON (PARCEL NO. 112282138). WHEREAS, the Pasco City Council authorized the listing for sale of .08-acre property along West A Street, more formally known as Parcel No. 112282138, subject to final approval of the City Council and in accordance with the recommendations of the City’s Real Estate Broker; and WHEREAS, the Pasco City Council previously negotiated a listing agreement after an RFQ process and has previously authorized, by Resolution No. _____, the sale of surplus property through its listing agent pursuant to Pasco Municipal Code Chapter 2.120; and WHEREAS, the City has approved a purchase offer on the property which has been recommended for approval by the City Council. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON: That the proposed purchase price of $12,000 by market analysis is at the City’s asking price, as determined by the listing agent’s market analysis, and has been determined to be acceptable to the City and is fully accepted; and Be It Further Resolved that the City Manager is hereby authorized to complete the sale transaction as outlined in the Purchase and Sale Agreement, attached hereto as Exhibit A; and Be It Further Resolved that this Resolution shall take effect immediately. PASSED by the City Council of the City of Pasco, Washington and approved as provided by law this _____ day of ___________________, 2022. _____________________________ Blanche Barajas Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorneys Page 335 of 354 Commercial & Investment Real Estate Purchase & Sale Agreement Commercial Brokers Association ALL RIGHTS RESERVED CBA Form PS-1A | Purchase & Sale Agreement Rev. 7/2020 Page |1 15 SPECIFIC TERMS Reference Date: July 21, 2022 Offer Expiration Date: August 25, 2022 5:00pm 1.PROPERTY: The Property is legally described on Exhibit A. Address: NKA 10th Ave City of Pasco, Franklin County, Washington. Tax Parcel No(s): 112.282.138 Included Personal Property: X None; If on and used in connection with the Property, per Section 25 (None, if not completed). 2.BUYER(S): Rigoberto Ibarra Chavez &/or Assigns 3.SELLER(S): City of Pasco 4.PURCHASE PRICE: $ 12,000 Payable as: Cash; X Financing (Form PS_FIN attached); Other 5.EARNEST MONEY: $ 1,000 Dollars; Held by Closing Agent Form of Earnest Money: X Check; Wire Transfer; Note; Other Earnest Money Due Date: X 5 days after Mutual Acceptance; days after satisfaction of Feasibility Contingency; or 6.FEASIBILITY CONTINGENCY DATE: 15 days after Mutual Acceptance 7.CLOSING DATE: on or before 11.30.22 8.CLOSING AGENT: Ticor Title | Patty Sweetwood 9.TITLE INSURANCE COMPANY: Ticor Title 10. DEED: X Statutory Warranty Deed; or Bargain and Sale Deed 11.POSSESSION: X on closing; Other: 12. SELLER CITIZENSHIP (FIRPTA): Seller is; X is not a foreign person for the purposes of US income taxation. 13. BUYER’S DEFAULT: X Forfeiture of Earnest Money; Seller’s Election of Remedies 14. SELLER’S DEFAULT: X Recover Earnest Money or Specific Enforcement; Buyer’s Election of Remedies 15. UNPAID UTILITIES: Buyer and Seller Don Not Waive (Form UA attached); X Waive 16. AGENCY DISCLOSURE: Selling Broker represents: Buyer; Seller; X both parties Listing Broker represents: Seller; X both parties 17.EXHIBITS AND ADDENDA. The following Exhibits and Addenda are made a part of this Agreement: Earnest Money Promissory Note Back-Up Addendum Buyer Date Buyer Date Seller Date Seller Date DocuSign Envelope ID: 1C9BB0E6-2C56-4A78-BAFA-87702C038A75 8/22/2022 Page 336 of 354 Commercial & Investment Real Estate Purchase & Sale Agreement Commercial Brokers Association ALL RIGHTS RESERVED CBA Form PS-1A | Purchase & Sale Agreement Rev. 7/2020 Page |2 15 Blank Promissory Note Vacant Land Addendum Blank Short Form Deed of Trust X Financing Addendum Blank Deed of Trust Rider Tenant Estoppel Certificate(s) Utility Charges Addendum Defeasance Addendum FIRPTA Certification Lead-Based Paint Disclosure Assignment and Assumption X Exhibit A: Legal Description Addendum/Amendment X Exhibit B: Additional Terms 18. IDENTIFICATION OF THE PARTIES. The following is the contact information for the parties involved in this Agreement: Seller Buyer Contact: Zach Ratkai Contact: Rigo Chavez Address: 523 N. 3rd Ave. Address: 5256 E 210 PRNE Pasco, WA 99301 Richland, WA 99352 Phone: 509.537.2078 Phone: 509.421.0394 Email: ratkaiz@pasco-wa.gov Email: ibarramex_13@hotmail.com Listing Firm Selling Firm Name: SVN | Retter & Company Name: Same Listing Broker: Rob Ellsworth Selling Broker: Address: 329 N. Kellogg St. Address: Kennewick, WA 99336 Phone: 509.430.2378 Phone: Email: Rob@RobEllsworth.com Email: Firm Lic. #: 20279 Firm Lic. #: Broker Lic. #: 17790 Broker Lic. #: Copy of Notices to Buyer to: Copy of Notices to Seller to: Name: Name: Company: Company: Address: Address: Phone: Phone: Email: Email: 19. Purchase and Sale. Buyer agrees to buy and Seller agrees to sell the commercial real estate identified in Section 1 as the Property and all improvements thereon. Unless expressly provided otherwise in this Agreement or its Addenda, the Property shall include (i) all of Seller’s rights, title and interest in the Property, (ii) all easements and rights appurtenant to the Property, (iii) all buildings, fixtures, and improvements on the Property, (iv) all unexpired leases and subleases; and (v) all included personal property. 20. Acceptance; Counteroffers. If this offer is not timely accepted, it shall lapse and the earnest money shall be refunded to Buyer. If either party makes a future counteroffer, the other party shall have until 5:00 p.m. on the day (if not filled in, the second day) following receipt to accept the counteroffer, unless sooner withdrawn. If the counteroffer is not timely accepted or countered, this Agreement shall lapse and the earnest money shall be refunded to Buyer. No acceptance, offer or counteroffer from Buyer is effective until a signed copy is received by Seller, the Listing Broker or the licensed office of the Listing Broker. No acceptance, offer or counteroffer from Seller is effective until a signed copy is received by Buyer, the Selling Broker Buyer Date Buyer Date Seller Date Seller Date DocuSign Envelope ID: 1C9BB0E6-2C56-4A78-BAFA-87702C038A75 8/22/2022 Page 337 of 354 Commercial & Investment Real Estate Purchase & Sale Agreement Commercial Brokers Association ALL RIGHTS RESERVED CBA Form PS-1A | Purchase & Sale Agreement Rev. 7/2020 Page |3 15 or the licensed office of the Selling Broker. "Mutual Acceptance" shall occur when the last counteroffer is signed by the offeree, and the fully-signed counteroffer has been received by the offeror, his or her broker, or the licensed office of the broker. If any party is not represented by a broker, then notices must be delivered to that party and shall be effective when received by that party. 21. Earnest Money. Selling Broker and Selling Firm are authorized to transfer Earnest Money to Closing Agent as necessary. Selling Firm shall deposit any check to be held by Selling Firm within 3 days after receipt or Mutual Acceptance, whichever occurs later. If the Earnest Money is to be held by Selling Firm and is over $10,000, it shall be deposited to: the Selling Firm's pooled trust account (with interest paid to the State Treasurer); or a separate interest bearing trust account in Selling Firm's name, provided that Buyer completes an IRS Form W-9 (if not completed, separate interest bearing trust account). The interest, if any, shall be credited at closing to Buyer. If this sale fails to close, whoever is entitled to the Earnest Money is entitled to interest. Unless otherwise provided in this Agreement, the Earnest Money shall be applicable to the Purchase Price. 22. Title Insurance. a. Title Report. Seller authorizes Buyer, its Lender, Listing Broker, Selling Broker or Closing Agent, at Seller’s expense, to apply for and deliver to Buyer a standard coverage owner’s policy of title insurance from the Title Insurance Company. Buyer shall have the discretion to apply for an extended coverage owner’s policy of title insurance and any endorsements, provided that Buyer shall pay the increased costs associated with an extended policy including the excess premium over that charged for a standard coverage policy, the cost of any endorsements requested by Buyer, and the cost of any survey required by the title insurer. If Seller previously received a preliminary commitment from a title insurer that Buyer declines to use, Buyer shall pay any cancellation fee owing to the original title insurer. Otherwise, the party applying for title insurance shall pay any title cancellation fee, in the event such a fee is assessed. b. Permitted Exceptions. Buyer shall notify Seller of any objectionable matters in the title report or any supplemental report within the earlier of: (a) days (20 days if not completed) after receipt of the preliminary commitment for title insurance; or (b) the Feasibility Contingency Date. This Agreement shall terminate and Buyer shall receive a refund of the earnest money, less any costs advanced or committed for Buyer, unless within five (5) days of Buyer’s notice of such objections Seller shall give notice, in writing, of its intent to remove all objectionable provisions before Closing. If Seller fails to give timely notice that it will clear all disapproved objections, this Agreement shall automatically terminate and Buyer shall receive a refund of the earnest money, less any costs advanced or committed for Buyer, unless Buyer notifies Seller within three (3) days that Buyer waives any objections which Seller does not agree to remove. If any new title matters are disclosed in a supplemental title report, then the preceding termination, objection and waiver provisions shall apply to the new title matters except that Buyer’s notice of objections must be delivered within three (3) days of receipt of the supplemental report by Buyer and Seller’s response or Buyer’s waiver must be delivered within two (2) days of Buyer’s notice of objections. The Closing Date shall be extended to the extent necessary to permit time for these notices. Buyer shall not be required to object to any mortgage or deed of trust liens, or the statutory lien for real property taxes, and the same shall not be deemed to be Permitted Exceptions; provided, however, that the lien securing any financing which Buyer has agreed to assume shall be a Permitted Exception. Except for the foregoing, those provisions not objected to or for which Buyer waived its objections shall be referred to collectively as the “Permitted Exceptions.” Seller shall reasonably cooperate with Buyer and the title company to clear objectionable title matters and shall provide an affidavit containing the information and reasonable covenants requested by the title company. The title policy shall contain no exceptions other than the General Exclusions and Exceptions common to such form of policy and the Permitted Exceptions. Buyer Date Buyer Date Seller Date Seller Date DocuSign Envelope ID: 1C9BB0E6-2C56-4A78-BAFA-87702C038A75 8/22/2022 Page 338 of 354 Commercial & Investment Real Estate Purchase & Sale Agreement Commercial Brokers Association ALL RIGHTS RESERVED CBA Form PS-1A | Purchase & Sale Agreement Rev. 7/2020 Page |4 15 c. Title Policy. At Closing, Buyer shall receive an ALTA Form 2006 Owner’s Policy of Title Insurance with standard or extended coverage (as specified by Buyer) dated as of the Closing Date in the amount of the Purchase Price, insuring that fee simple title to the Property is vested in Buyer, subject only to the Permitted Exceptions (“Title Policy”), provided that Buyer acknowledges that obtaining extended coverage may be conditioned on the Title Company’s receipt of a satisfactory survey paid for by Buyer. If Buyer elects extended coverage, then Seller shall execute and deliver to the Title Company on or before Closing the such affidavits and other documents as the Title Company reasonably and customarily requires to issue extended coverage. 23. Feasibility Contingency. Buyer’s obligations under this Agreement are conditioned upon Buyer's satisfaction, in Buyer’s sole discretion, concerning all aspects of the Property, including its physical condition; the presence of or absence of any hazardous substances; the contracts and leases affecting the Property; the potential financial performance of the Property; the availability of government permits and approvals; and the feasibility of the Property for Buyer's intended purpose. This Agreement shall terminate and Buyer shall receive a refund of the earnest money unless Buyer gives notice that the Feasibility Contingency is satisfied to Seller before 5:00pm on the Feasibility Contingency Date. If such notice is timely given, the feasibility contingency shall be deemed to be satisfied and Buyer shall be deemed to have accepted and waived any objection regarding any aspects of the Property as they exist on the Feasibility Contingency Date. a. Books, Records, Leases, Agreements. Within 3 days (3 days if not filled in) Seller shall deliver to Buyer or post in an online database maintained by Seller or Listing Broker, to which Buyer has been given unlimited access, true, correct and complete copies of all documents in Seller’s possession or control relating to the ownership, operation, renovation or development of the Property, excluding appraisals or other statements of value, and including the following: statements for real estate taxes, assessments, and utilities for the last three years and year to date; property management agreements and any other agreements with professionals or consultants; leases or other agreements relating to occupancy of all or a portion of the Property and a suite-by-suite schedule of tenants, rents, prepaid rents, deposits and fees; plans, specifications, permits, applications, drawings, surveys, and studies; maintenance records, accounting records and audit reports for the last three years and year to date; any existing environmental reports; any existing surveys; any existing inspection reports; and “Vendor Contracts” which shall include maintenance or service contracts, and installments purchase contracts or leases of personal property or fixtures used in connection with the Property. Buyer shall determine by the Feasibility Contingency Date: (i) whether Seller will agree to terminate any objectionable Vendor Contracts; and (ii) whether Seller will agree to pay any damages or penalties resulting from the termination of objectionable Vendor Contracts. Buyer’s waiver of the Feasibility Contingency shall be deemed Buyer’s acceptance of all Vendor Contracts which Seller has not agreed in writing to terminate. Buyer shall be solely responsible for obtaining any required consents to such assumption and the payment of any assumption fees. Seller shall cooperate with Buyer's efforts to receive any such consents but shall not be required to incur any out-of-pocket expenses or liability in doing so. Any information provided or to be provided by Seller with respect to the Property is solely for Buyer’s convenience and Seller has not made any independent investigation or verification of such information (other than that the documents are true, correct, and complete, as stated above) and makes no representations as to the accuracy or completeness of such information, except to the extent expressly provided otherwise in this Agreement. Seller shall transfer the Vendor Contracts as provided in Section 25. b. Access. Seller shall permit Buyer and its agents, at Buyer's sole expense and risk, to enter the Property at reasonable times subject to the rights of and after legal notice to tenants, to conduct inspections concerning the Property, including without limitation, the structural condition of improvements, hazardous materials, pest infestation, soils conditions, sensitive areas, wetlands, or other matters affecting the feasibility of the Property for Buyer’s intended Buyer Date Buyer Date Seller Date Seller Date DocuSign Envelope ID: 1C9BB0E6-2C56-4A78-BAFA-87702C038A75 8/22/2022 Page 339 of 354 Commercial & Investment Real Estate Purchase & Sale Agreement Commercial Brokers Association ALL RIGHTS RESERVED CBA Form PS-1A | Purchase & Sale Agreement Rev. 7/2020 Page |5 15 use. Buyer shall schedule any entry onto the Property with Seller in advance and shall comply with Seller's reasonable requirements including those relating to security, confidentiality, and disruption of Seller's tenants. Prior to entering the Property and while conducting any inspections, Buyer shall, at no cost or expense to Seller: (a) procure and maintain commercial general liability (occurrence) insurance in an amount no less than $2,000,000 on commercially reasonable terms adequate to insure against all liability arising out of any entry onto or inspections of the Property that lists Seller and Tenant as additional insureds; and (b) deliver to Seller prior to entry upon the Property certificates of insurance for Buyer and any applicable agents or representatives evidencing such required insurance. Buyer shall not perform any invasive testing including environmental inspections beyond a phase I assessment or contact the tenants or property management personnel without obtaining Seller's prior written consent, which shall not be unreasonably withheld, conditioned or delayed. Buyer shall restore the Property and all improvements to substantially the same condition they were in prior to inspection. Buyer shall be solely responsible for all costs of its inspections and feasibility analysis and has no authority to bind the Property for purposes of statutory liens. Buyer agrees to indemnify and defend Seller from all liens, costs, claims, and expenses, including attorneys' and experts' fees, arising from or relating to entry onto or inspection of the Property by Buyer and its agents, which obligation shall survive closing. Buyer may continue to enter the Property in accordance with the foregoing terms and conditions after removal or satisfaction of the Feasibility Contingency only for the purpose of leasing or to satisfy conditions of financing. c. Buyer waives, to the fullest extent permissible by law, the right to receive a seller disclosure statement (e.g. “Form 17”) if required by RCW 64.06 and its right to rescind this Agreement pursuant thereto. However, if Seller would otherwise be required to provide Buyer with a Form 17, and if the answer to any of the questions in the section of the Form 17 entitled “Environmental” would be “yes,” then Buyer does not waive the receipt of the “Environmental” section of the Form 17 which shall be provided by Seller. 24. Conveyance. Title shall be conveyed subject only to the Permitted Exceptions. If this Agreement is for conveyance of Seller’s vendee’s interest in a Real Estate Contract, the deed shall include a contract vendee’s assignment sufficient to convey after-acquired title. At Closing, Seller and Buyer shall execute and deliver to Closing Agent CBA Form PS-AS Assignment and Assumption Agreement transferring all leases and Vendor Contracts assumed by Buyer pursuant to Section 25(b) and all intangible property transferred pursuant to Section 25(b). 25. Personal Property. a. If this sale includes the personal property located on and used in connection with the Property, Seller will itemize such personal property in an Exhibit to be attached to this Agreement within ten (10) days of Mutual Acceptance. The value assigned to any personal property shall be $ (if not completed, the County-assessed value if available, and if not available, the fair market value determined by an appraiser selected by the Listing Broker and Selling Broker). Seller warrants title to, but not the condition of, the personal property and shall convey it by bill of sale. b. In addition to the leases and Vendor Contracts assumed by Buyer pursuant to Section 24 above, this sale includes all right, title and interest of Seller to the following intangible property now or hereafter existing with respect to the Property including without limitation: all rights-of-way, rights of ingress or egress or other interests in, on, or to, any land, highway, street, road, or avenue, open or proposed, in, on, or across, in front of, abutting or adjoining the Property; all rights to utilities serving the Property; all drawings, plans, specifications and other architectural or engineering work product; all governmental permits, certificates, licenses, authorizations and approvals; all rights, claims, causes of action, and warranties under contracts with contractors, engineers, architects, consultants or other parties Buyer Date Buyer Date Seller Date Seller Date DocuSign Envelope ID: 1C9BB0E6-2C56-4A78-BAFA-87702C038A75 8/22/2022 Page 340 of 354 Commercial & Investment Real Estate Purchase & Sale Agreement Commercial Brokers Association ALL RIGHTS RESERVED CBA Form PS-1A | Purchase & Sale Agreement Rev. 7/2020 Page |6 15 associated with the Property; all utility, security and other deposits and reserve accounts made as security for the fulfillment of any of Seller's obligations; any name of or telephone numbers for the Property and related trademarks, service marks or trade dress; and guaranties, warranties or other assurances of performance received. 26. Seller’s Underlying Financing. Unless Buyer is assuming Seller’s underlying financing, Seller shall be responsible for confirming the existing underlying financing is not subject to any "lock out" or similar covenant which would prevent the lender's lien from being released at closing. In addition, Seller shall provide Buyer notice prior to the Feasibility Contingency Date if Seller is required to substitute securities for the Property as collateral for the underlying financing (known as “defeasance”). If Seller provides this notice of defeasance to Buyer, then the parties shall close the transaction in accordance with the process described in CBA Form PS_D or any different process identified in Seller’s defeasance notice to Buyer. 27. Closing of Sale. Buyer and Seller shall deposit with Closing Agent by 12:00 p.m. on the scheduled Closing Date all instruments and monies required to complete the purchase in accordance with this Agreement. Upon receipt of such instruments and monies, Closing Agent shall cause the deed to be recorded and shall pay to Seller, in immediately available funds, the Purchase Price less any costs or other amounts to be paid by Seller at Closing. “Closing” shall be deemed to have occurred when the deed is recorded and the sale proceeds are available to Seller. Time is of the essence in the performance of this Agreement. Sale proceeds shall be considered available to Seller, even if they cannot be disbursed to Seller until the next business day after Closing. Notwithstanding the foregoing, if Seller informed Buyer before the Feasibility Contingency Date that Seller’s underlying financing requires that it be defeased and may not be paid off, then Closing shall be conducted in accordance with the three(3)-day closing process described in CBA Form PS_D. This Agreement is intended to constitute escrow instructions to Closing Agent. Buyer and Seller will provide any supplemental instructions requested by Closing Agent provided the same are consistent with this Agreement. 28. Closing Costs and Prorations. Seller shall deliver an updated rent roll to Closing Agent not later than two (2) days before the scheduled Closing Date in the form required by Section 23(a) and any other information reasonably requested by Closing Agent to allow Closing Agent to prepare a settlement statement for Closing. Seller certifies that the information contained in the rent roll is correct as of the date submitted. Seller shall pay the premium for the owner's standard coverage title policy. Buyer shall pay the excess premium attributable to any extended coverage or endorsements requested by Buyer, and the cost of any survey required in connection with the same. Seller and Buyer shall each pay one-half of the escrow fees. Any real estate excise taxes shall be paid by the party who bears primary responsibility for payment under the applicable statute or code. Real and personal property taxes and assessments payable in the year of closing; collected rents on any existing tenancies; expenses already incurred by Seller that relate to services to be provided to the Property after the Closing Date; interest; utilities; and other operating expenses shall be pro- rated as of Closing. Seller will be charged and credited for the amounts of all of the pro-rated items relating to the period up to and including 11:59 pm Pacific Time on the day preceding the Closing Date, and Buyer will be charged and credited for all of the pro-rated items relating to the period on and after the Closing Date. If tenants pay any of the foregoing expenses directly, then Closing Agent shall only pro rate those expenses paid by Seller. Buyer shall pay to Seller at Closing an additional sum equal to any utility deposits or mortgage reserves for assumed financing for which Buyer receives the benefit after Closing. Buyer shall pay all costs of financing including the premium for the lender's title policy. If the Property was taxed under a deferred classification prior to Closing, then Seller shall pay all taxes, interest, penalties, deferred taxes or similar items which result from removal of the Property from the deferred classification. At Closing, all refundable deposits on tenancies shall be credited to Buyer or delivered to Buyer for deposit in a trust account if required by state or local law. Buyer shall Buyer Date Buyer Date Seller Date Seller Date DocuSign Envelope ID: 1C9BB0E6-2C56-4A78-BAFA-87702C038A75 8/22/2022 Page 341 of 354 Commercial & Investment Real Estate Purchase & Sale Agreement Commercial Brokers Association ALL RIGHTS RESERVED CBA Form PS-1A | Purchase & Sale Agreement Rev. 7/2020 Page |7 15 pay any sales or use tax applicable to the transfer of personal property included in the sale. 29. Post-Closing Adjustments, Collections, and Payments. After Closing, Buyer and Seller shall reconcile the actual amount of revenues or liabilities upon receipt or payment thereof to the extent those items were prorated or credited at Closing based upon estimates. Any bills or invoices received by Buyer after Closing which relate to services rendered or goods delivered to the Seller or the Property prior to Closing shall be paid by Seller upon presentation of such bill or invoice. At Buyer's option, Buyer may pay such bill or invoice and be reimbursed the amount paid plus interest at the rate of 12% per annum beginning fifteen (15) days from the date of Buyer's written demand to Seller for reimbursement until such reimbursement is made. Notwithstanding the foregoing, if tenants pay certain expenses based on estimates subject to a post-closing reconciliation to the actual amount of those expenses, then Buyer shall be entitled to any surplus and shall be liable for any credit resulting from the reconciliation. Rents collected from each tenant after Closing shall be applied first to rentals due most recently from such tenant for the period after closing, and the balance shall be applied for the benefit of Seller for delinquent rentals owed for a period prior to closing. The amounts applied for the benefit of Seller shall be turned over by Buyer to Seller promptly after receipt. Seller shall be entitled to pursue any lawful methods of collection of delinquent rents but shall have no right to evict tenants after Closing. Any adjustment shall be made, if any, within 180 days of the Closing Date, and if a party fails to request an adjustment by notice delivered to the other party within the applicable period set forth above (such notice to specify in reasonable detail the items within the Closing Statement that such party desires to adjust and the reasons for such adjustment), then the allocations and prorations at Closing shall be binding and conclusive against such party. 30. Operations Prior to Closing. Prior to Closing, Seller shall continue to operate the Property in the ordinary course of its business and maintain the Property in the same or better condition than as existing on the date of Mutual Acceptance but shall not be required to repair material damage from casualty except as otherwise provided in this Agreement. After the Feasibility Contingency Date, Seller shall not enter into or modify existing rental agreements or leases (except that Seller may enter into, modify, extend, renew or terminate residential rental agreements or residential leases for periods of 12 months or less in the ordinary course of its business), service contracts, or other agreements affecting the Property which have terms extending beyond Closing without obtaining Buyer's consent, which shall not be withheld unreasonably. 31. Possession. Buyer shall accept possession subject to all tenancies disclosed to Buyer before the Feasibility Contingency Date. 32. Seller’s Representations. Except as disclosed to or known by Buyer prior to the satisfaction or waiver of the Feasibility Contingency, including in the books, records and documents made available to Buyer, or in the title report or any supplemental report or documents referenced therein, Seller represents to Buyer that, to the best of Seller's actual knowledge, each of the following is true as of the date hereof: (a) Seller is authorized to enter into the Agreement, to sell the Property, and to perform its obligations under the Agreement, and no further consent, waiver, approval or authorization is required from any person or entity to execute and perform under this Agreement; (b) The books, records, leases, agreements and other items delivered to Buyer pursuant to this Agreement comprise all material documents in Seller's possession or control regarding the operation and condition of the Property, are true, accurate and complete to the best of Seller’s knowledge, and no other contracts or agreements exist that will be binding on Buyer after Closing; (c) Seller has not received any written notices that the Property or any business conducted thereon violate any applicable laws, regulations, codes and ordinances; (d) Seller has all certificates of occupancy, permits, and other governmental consents necessary to own and operate the Property for its current use; (e) There is no Buyer Date Buyer Date Seller Date Seller Date DocuSign Envelope ID: 1C9BB0E6-2C56-4A78-BAFA-87702C038A75 8/22/2022 Page 342 of 354 Commercial & Investment Real Estate Purchase & Sale Agreement Commercial Brokers Association ALL RIGHTS RESERVED CBA Form PS-1A | Purchase & Sale Agreement Rev. 7/2020 Page |8 15 pending or threatened litigation which would adversely affect the Property or Buyer's ownership thereof after Closing; (f) There is no pending or threatened condemnation or similar proceedings affecting the Property, and the Property is not within the boundaries of any planned or authorized local improvement district; (g) Seller has paid (except to the extent prorated at Closing) all local, state and federal taxes (other than real and personal property taxes and assessments described in Section 28 above) attributable to the period prior to closing which, if not paid, could constitute a lien on Property (including any personal property), or for which Buyer may be held liable after Closing; (h) Seller is not aware of any concealed material defects in the Property except as disclosed to Buyer before the Feasibility Contingency Date; (i) There are no Hazardous Substances (as defined below) currently located in, on, or under the Property in a manner or quantity that presently violates any Environmental Law (as defined below); there are no underground storage tanks located on the Property; and there is no pending or threatened investigation or remedial action by any governmental agency regarding the release of Hazardous Substances or the violation of Environmental Law at the Property; (j) Seller has not granted any options nor obligated itself in any matter whatsoever to sell the Property or any portion thereof to any party other than Buyer; and (k) Neither Seller nor any of its respective partners, members, shareholders or other equity owners, is a person or entity with whom U.S. persons or entities are restricted from doing business under regulations of the Office of Foreign Asset Control (“OFAC”) of the Department of the Treasury (including those named on OFAC’s Specially Designated and Blocked Persons List) or under any statute or executive order; and (l) the individual signing this Agreement on behalf of Seller represents and warrants to Buyer that he or she has the authority to act on behalf of and bind Seller. As used herein, the term "Hazardous Substances" shall mean any substance or material now or hereafter defined or regulated as a hazardous substance, hazardous waste, toxic substance, pollutant, or contaminant under any federal, state, or local law, regulation, or ordinance governing any substance that could cause actual or suspected harm to human health or the environment ("Environmental Law"). The term "Hazardous Substances" specifically includes, but is not limited to, petroleum, petroleum by-products, and asbestos. If prior to Closing Seller or Buyer discovers any information which would cause any of the representations above to be false if the representations were deemed made as of the date of such discovery, then the party discovering the information shall promptly notify the other party in writing and Buyer, as its sole remedy, may elect to terminate this Agreement by giving Seller notice of such termination within five (5) days after Buyer first received actual notice (with the Closing Date extended to accommodate such five (5) day period), and in such event, the Earnest Money Deposit shall be returned to Buyer. Buyer shall give notice of termination within five (5) days of discovering or receiving written notice of the new information. Nothing in this paragraph shall prevent Buyer from pursuing its remedies against Seller if Seller had actual knowledge of the newly discovered information such that a representation provided for above was false. 33. As-Is. Except for the express representations and warranties in this Agreement, (a) Seller makes no representations or warranties regarding the Property; (b) Seller hereby disclaims, and Buyer hereby waives, any and all representations or warranties of any kind, express or implied, concerning the Property or any portion thereof, as to its condition, value, compliance with laws, status of permits or approvals, existence or absence of hazardous material on site, suitability for Buyer’s intended use, occupancy rate or any other matter of similar or dissimilar nature relating in any way to the Property, including the warranties of fitness for a particular purpose, tenantability, habitability and use; (c) Buyer takes the Property “AS IS” and with all faults; and (d) Buyer represents and warrants to Seller that Buyer has sufficient experience and expertise such that it is reasonable for Buyer to rely on its own pre-closing inspections and investigations. Buyer Date Buyer Date Seller Date Seller Date DocuSign Envelope ID: 1C9BB0E6-2C56-4A78-BAFA-87702C038A75 8/22/2022 Page 343 of 354 Commercial & Investment Real Estate Purchase & Sale Agreement Commercial Brokers Association ALL RIGHTS RESERVED CBA Form PS-1A | Purchase & Sale Agreement Rev. 7/2020 Page |9 15 34. Buyer’s Representations. Buyer represents that Buyer is authorized to enter into the Agreement; to buy the Property; to perform its obligations under the Agreement; and that neither the execution and delivery of this Agreement nor the consummation of the transaction contemplated hereby will: (a) conflict with or result in a breach of any law, regulation, writ, injunction or decree of any court or governmental instrumentality applicable to Buyer; or (b) constitute a breach of any agreement to which Buyer is a party or by which Buyer is bound. The individual signing this Agreement on behalf of Buyer represents that he or she has the authority to act on behalf of and bind Buyer. 35. Claims. Any claim or cause of action with respect to a breach of the representations and warranties set forth herein shall survive for a period of nine (9) months from the Closing Date, at which time such representations and warranties (and any cause of action resulting from a breach thereof not then in litigation, including indemnification claims) shall terminate. Notwithstanding anything to the contrary in this Agreement: (a) Buyer shall not make a claim against Seller for damages for breach or default of any representation or warranty, unless the amount of such claim is reasonably anticipated to exceed $25,000; and (b) under no circumstances shall Seller be liable to Buyer on account of any breach of any representation or warranty in the aggregate in excess of the amount equal to $250,000, except in the event of Seller’s fraud or intentional misrepresentation with respect to any representation or warranty regarding the environmental condition of the Property, in which case Buyer’s damages shall be unlimited. 36. Condemnation and Casualty. Seller bears all risk of loss until Closing, and thereafter Buyer bears all risk of loss. Buyer may terminate this Agreement and obtain a refund of the earnest money if improvements on the Property are materially damaged or if condemnation proceedings are commenced against all or a portion of the Property before Closing, to be exercised by notice to Seller within ten (10) days after Seller’s notice to Buyer of the occurrence of the damage or condemnation proceedings. Damage will be considered material if the cost of repair exceeds the lesser of $100,000 or five percent (5%) of the Purchase Price. Alternatively, Buyer may elect to proceed with closing, in which case, at Closing, Seller shall not be obligated to repair any damage, and shall assign to Buyer all claims and right to proceeds under any property insurance policy and shall credit to Buyer at Closing the amount of any deductible provided for in the policy. 37. FIRPTA Tax Withholding at Closing. Closing Agent is instructed to prepare a certification (CBA or NWMLS Form 22E, or equivalent) that Seller is not a “foreign person” within the meaning of the Foreign Investment in Real Property Tax Act, and Seller shall sign it on or before Closing. If Seller is a foreign person, and this transaction is not otherwise exempt from FIRPTA, Closing Agent is instructed to withhold and pay the required amount to the Internal Revenue Service. 38. Notices. Unless otherwise specified, any notice required or permitted in, or related to, this Agreement (including revocations of offers and counteroffers) must be in writing. Notices to Seller must be signed by at least one Buyer and must be delivered to Seller and Listing Broker with a courtesy copy to any other party identified as a recipient of notices in Section 18. A notice to Seller shall be deemed delivered only when received by Seller and Listing Broker, or the licensed office of Listing Broker. Notices to Buyer must be signed by at least one Seller and must be delivered to Buyer, with a copy to Selling Broker and with a courtesy copy to any other party identified as a recipient of notices in Section 18. A notice to Buyer shall be deemed delivered only when received by Buyer and Selling Broker, or the licensed office of Selling Broker. Selling Broker and Listing Broker otherwise have no responsibility to advise parties of receipt of a notice beyond either phoning the represented party or causing a copy of the notice to be delivered to the party's address provided in this Agreement. Buyer and Seller shall keep Selling Broker and Listing Broker advised of their whereabouts in order to receive prompt notification of receipt of a notice. If any party is not represented by a licensee, then notices Buyer Date Buyer Date Seller Date Seller Date DocuSign Envelope ID: 1C9BB0E6-2C56-4A78-BAFA-87702C038A75 8/22/2022 Page 344 of 354 Commercial & Investment Real Estate Purchase & Sale Agreement Commercial Brokers Association ALL RIGHTS RESERVED CBA Form PS-1A | Purchase & Sale Agreement Rev. 7/2020 Page |10 15 must be delivered to and shall be effective when received by that party at the address, fax number, or email indicated in Section 18. Facsimile transmission of any notice or document shall constitute delivery. E-mail transmission of any notice or document (or a direct link to such notice or document) shall constitute delivery when: (i) the e-mail is sent to both Selling Broker and Selling Firm or both Listing Broker and Listing Firm at the e-mail addresses specified on page two of this Agreement; or (ii) Selling Broker or Listing Broker provide written acknowledgment of receipt of the e-mail (an automatic e-mail reply does not constitute written acknowledgment). At the request of either party, or the Closing Agent, the parties will confirm facsimile or e-mail transmitted signatures by signing an original document. 39. Computation of Time. Unless otherwise specified in this Agreement, any period of time in this Agreement shall mean Pacific Time and shall begin the day after the event starting the period and shall expire at 5:00 p.m. of the last calendar day of the specified period of time, unless the last day is a Saturday, Sunday or legal holiday as defined in RCW 1.16.050, in which case the specified period of time shall expire on the next day that is not a Saturday, Sunday or legal holiday. Any specified period of five (5) days or less shall not include Saturdays, Sundays or legal holidays. Notwithstanding the foregoing, references to specific dates or times or number of hours shall mean those dates, times or number of hours; provided, however, that if the Closing Date falls on a Saturday, Sunday, or legal holiday as defined in RCW 1.16.050, or a date when the county recording office is closed, then the Closing Date shall be the next regular business day. If the parties agree upon and attach a legal description after this Agreement is signed by the offeree and delivered to the offeror, then for the purposes of computing time, mutual acceptance shall be deemed to be on the date of delivery of an accepted offer or counteroffer to the offeror, rather than on the date the legal description is attached. 40. Assignment. Buyer’s rights and obligations under this Agreement are not assignable without the prior written consent of Seller, which shall not be withheld unreasonably; provided, however, Buyer may assign this Agreement without the consent of Seller, but with notice to Seller, to any entity under common control and ownership of Buyer, provided no such assignment shall relieve Buyer of its obligations hereunder. If the words "and/or assigns" or similar words are used to identify Buyer in Section 2, then this Agreement may be assigned with notice to Seller but without need for Seller's consent. The party identified as the initial Buyer shall remain responsible for those obligations of Buyer stated in this Agreement notwithstanding any assignment and, if this Agreement provides for Seller to finance a portion of the purchase price, then the party identified as the initial Buyer shall guarantee payment of Seller financing. 41. Default and Attorneys’ Fees. a. Buyer's default. In the event Buyer fails, without legal excuse, to complete the purchase of the Property, then the applicable provision as identified in Section 13 shall apply: i. Forfeiture of Earnest Money. Seller may terminate this Agreement and keep that portion of the earnest money that does not exceed five percent (5%) of the Purchase Price as liquidated damages as the sole and exclusive remedy available to Seller for such failure. ii. Seller’s Election of Remedies. Seller may, at its option, (a) terminate this Agreement and keep that portion of the earnest money that does not exceed five percent (5%) of the Purchase Price as liquidated damages as the sole and exclusive remedy available to Seller for such failure, (b) bring suit against Buyer for Seller's actual damages, (c) bring suit to specifically enforce this Agreement and recover any incidental damages, or (d) pursue any other rights or remedies available at law or equity. b. Seller's default. In the event Seller fails, without legal excuse, to complete the sale of the Property, then the applicable provision as identified in Section 14 shall apply: Buyer Date Buyer Date Seller Date Seller Date DocuSign Envelope ID: 1C9BB0E6-2C56-4A78-BAFA-87702C038A75 8/22/2022 Page 345 of 354 Commercial & Investment Real Estate Purchase & Sale Agreement Commercial Brokers Association ALL RIGHTS RESERVED CBA Form PS-1A | Purchase & Sale Agreement Rev. 7/2020 Page |11 15 i. Recover Earnest Money or Specific Enforcement. As Buyer’s sole remedy, Buyer may either (a) terminate this Agreement and recover all earnest money or fees paid by Buyer whether or not the same are identified as refundable or applicable to the purchase price; or (b) bring suit to specifically enforce this Agreement and recover incidental damages, provided, however, Buyer must file suit within sixty (60) days from the Closing Date or from the date Seller has provided notice to Buyer that Seller will not proceed with closing, whichever is earlier. ii. Buyer’s Election of Remedies. Buyer may, at its option, (a) bring suit against Seller for Buyer's actual damages, (b) bring suit to specifically enforce this Agreement and recover any incidental damages, or (c) pursue any other rights or remedies available at law or equity. c. Neither Buyer nor Seller may recover consequential damages such as lost profits. If Buyer or Seller institutes suit against the other concerning this Agreement, the prevailing party is entitled to reasonable attorneys' fees and costs. In the event of trial, the amount of the attorneys’ fees shall be fixed by the court. The venue of any suit shall be the county in which the Property is located, and this Agreement shall be governed by the laws of the State of Washington without regard to its principles of conflicts of laws. 42. MiscellaneousProvisions. a. Complete Agreement. This Agreement and any addenda and exhibits thereto state the entire understanding of Buyer and Seller regarding the sale of the Property. There are no verbal or other written agreements which modify or affect the Agreement, and no modification of this Agreement shall be effective unless agreed in writing and signed by the parties. b. Counterpart Signatures. This Agreement may be signed in counterpart, each signed counterpart shall be deemed an original, and all counterparts together shall constitute one and the same agreement. c. Electronic Delivery and Signatures. Electronic delivery of documents (e.g., transmission by facsimile or email) including signed offers or counteroffers and notices shall be legally sufficient to bind the party the same as delivery of an original. At the request of either party, or the Closing Agent, the parties will replace electronically delivered offers or counteroffers with original documents. The parties acknowledge that a signature in electronic form has the same legal effect as a handwritten signature. d. Section 1031 Like-Kind Exchange. If either Buyer or Seller intends for this transaction to be a part of a Section 1031 like-kind exchange, then the other party agrees to cooperate in the completion of the like- kind exchange so long as the cooperating party incurs no additional liability in doing so, and so long as any expenses (including attorneys’ fees and costs) incurred by the cooperating party that are related only to the exchange are paid or reimbursed to the cooperating party at or prior to Closing. Notwithstanding this provision, no party shall be obligated to extend closing as part of its agreement to facilitate completion of a like-kind exchanged. In addition, notwithstanding Section 40 above, any party completing a Section 1031 like-kind exchange may assign this Agreement to its qualified intermediary or any entity set up for the purposes of completing a reverse exchange. 43. Information Transfer. In the event this Agreement is terminated, Buyer agrees to deliver to Seller within ten (10) days of Seller's written request copies of all materials received from Seller and any non-privileged plans, studies, reports, inspections, appraisals, surveys, drawings, permits, applications or other development work product relating to the Property in Buyer's possession or control as of the date this Agreement is terminated. Buyer Date Buyer Date Seller Date Seller Date DocuSign Envelope ID: 1C9BB0E6-2C56-4A78-BAFA-87702C038A75 8/22/2022 Page 346 of 354 Commercial & Investment Real Estate Purchase & Sale Agreement Commercial Brokers Association ALL RIGHTS RESERVED CBA Form PS-1A | Purchase & Sale Agreement Rev. 7/2020 Page |12 15 44. Confidentiality. Until and unless closing has been consummated, Buyer and Seller shall follow reasonable measures to prevent unnecessary disclosure of information obtained in connection with the negotiation and performance of this Agreement. Neither party shall use or knowingly permit the use of any such information in any manner detrimental to the other party. 45. Agency Disclosure. Selling Firm, Selling Firm’s Designated Broker, Selling Broker’s Branch Manager (if any) and Selling Broker’s Managing Broker (if any) represent the same party that Selling Broker represents. Listing Firm, Listing Firm’s Designated Broker, Listing Broker’s Branch Manager (if any), and Listing Broker’s Managing Broker (if any) represent the same party that the Listing Broker represents. If Selling Broker and Listing Broker are different persons affiliated with the same Firm, then both Buyer and Seller confirm their consent to the Brokers’ Designated Broker, Branch Manager (if any), and Managing Broker (if any) representing both parties as a dual agent. If Selling Broker and Listing Broker are the same person representing both parties, then both Buyer and Seller confirm their consent to that person and his/her Designated Broker, Branch Manager (if any), and Managing Broker (if any) representing both parties as dual agents. All parties acknowledge receipt of the pamphlet entitled “The Law of Real Estate Agency.” 46. Seller’s Acceptance and Brokerage Agreement. Seller agrees to sell the Property on the terms and conditions herein, and further agrees to pay a commission in a total amount computed in accordance with the listing or commission agreement. If there is no written listing or commission agreement, Seller agrees to pay a commission of 5 % of the sales price or $ . The commission shall be apportioned between Listing Firm and Selling Firm as specified in the listing or any co-brokerage agreement. If there is no listing or written co-brokerage agreement, then Listing Firm shall pay to Selling Firm a commission of % of the sales price or $ . Seller assigns to Listing Firm and Selling Firm a portion of the sales proceeds equal to the commission. If the earnest money is retained as liquidated damages, any costs advanced or committed by Listing Firm or Selling Firm for Buyer or Seller shall be reimbursed or paid therefrom, and the balance shall be paid one-half to Seller and one-half to Listing Firm and Selling Firm according to the listing agreement and any co-brokerage agreement. Seller and Buyer hereby consent to Listing Firm and Selling Firm receiving compensation from more than one party and irrevocably instruct the Closing Agent to disburse the commission(s) directly to the Firm(s). In any action by Listing Firm or Selling Firm to enforce this Section, the prevailing party is entitled to reasonable attorneys' fees and expenses. Neither Listing Firm nor Selling Firm are receiving compensation from more than one party to this transaction unless disclosed on an attached addendum, in which case Buyer and Seller consent to such compensation. The Property described in attached Exhibit A is commercial real estate. Notwithstanding Section 44 above, the pages containing this Section, the parties' signatures and an attachment describing the Property may be recorded. 47.Listing Broker and Selling Broker Disclosure. EXCEPT AS OTHERWISE DISCLOSED IN WRITING TO BUYER OR SELLER, THE SELLING BROKER, LISTING BROKER, AND FIRMS HAVE NOT MADE ANY REPRESENTATIONS OR WARRANTIES OR CONDUCTED ANY INDEPENDENT INVESTIGATION CONCERNING THE LEGAL EFFECT OF THIS AGREEMENT, BUYER'S OR SELLER'S FINANCIAL STRENGTH, BOOKS, RECORDS, REPORTS, STUDIES, OR OPERATING STATEMENTS; THE CONDITION OF THE PROPERTY OR ITS IMPROVEMENTS; THE FITNESS OF THE PROPERTY FOR BUYER’S INTENDED USE; OR OTHER MATTERS RELATING TO THE PROPERTY, INCLUDING WITHOUT LIMITATION, THE PROPERTY'S ZONING, BOUNDARIES, AREA, COMPLIANCE WITH APPLICABLE LAWS (INCLUDING LAWS REGARDING ACCESSIBILITY FOR DISABLED PERSONS), OR HAZARDOUS OR TOXIC MATERIALS INCLUDING MOLD OR OTHER ALLERGENS. SELLER AND BUYER ARE EACH ADVISED TO ENGAGE QUALIFIED EXPERTS TO ASSIST WITH THESE DUE DILIGENCE AND FEASIBILITY MATTERS, AND ARE FURTHER ADVISED TO SEEK INDEPENDENT LEGAL AND TAX ADVICE RELATED TO THIS AGREEMENT. Buyer Date Buyer Date Seller Date Seller Date DocuSign Envelope ID: 1C9BB0E6-2C56-4A78-BAFA-87702C038A75 8/22/2022 Page 347 of 354 Commercial & Investment Real Estate Purchase & Sale Agreement Commercial Brokers Association ALL RIGHTS RESERVED CBA Form PS-1A | Purchase & Sale Agreement Rev. 7/2020 Page |13 15 IN WITNESS WHEREOF, the parties have signed this Agreement intending to be bound. Buyer Rigoberto Ibarra Chavez Seller City of Pasco Printed Name and Type of Entity Printed Name and Type of Entity Buyer Seller Signature and Title Signature and Title Date Date Buyer Seller Printed Name and Type of Entity Printed Name and Type of Entity Buyer Seller Signature and Title Signature and Title Date Date Buyer Date Buyer Date Seller Date Seller Date DocuSign Envelope ID: 1C9BB0E6-2C56-4A78-BAFA-87702C038A75 8/22/2022 8/22/2022 Page 348 of 354 Commercial & Investment Real Estate Purchase & Sale Agreement Commercial Brokers Association ALL RIGHTS RESERVED CBA Form PS-1A | Purchase & Sale Agreement Rev. 7/2020 Page |14 15 EXHIBIT A * [Legal Description] RIVERSIDE ADD LOT 1, BLK 4 EXCEPT POTION TO THE CITY OF PASCO FOR ROAD RIGHT OF WAY PER AF-1940050 *To ensure accuracy in the legal description, consider substituting the legal description contained in the preliminary commitment for title insurance or a copy of the Property’s last vesting deed for this page. Do not neglect to label the substitution “Exhibit A.” You should avoid transcribing the legal description because any error in transcription may render the legal description inaccurate and this Agreement unenforceable. Buyer Date Buyer Date Seller Date Seller Date DocuSign Envelope ID: 1C9BB0E6-2C56-4A78-BAFA-87702C038A75 8/22/2022 Page 349 of 354 Commercial & Investment Real Estate Purchase & Sale Agreement Commercial Brokers Association ALL RIGHTS RESERVED CBA Form PS-1A | Purchase & Sale Agreement Rev. 7/2020 Page |15 15 EXHIBIT B [Additional Terms] 1.Offer acceptance is subject to final approval of all terms by Pasco City Council. 2.Buyer will be required to fence an access property in accordance with City of Pasco Planning Office’s requirements 3.Lot will be for parking purposes only to benefit 808 S. 10th Ave, Pasco, WA Buyer Date Buyer Date Seller Date Seller Date DocuSign Envelope ID: 1C9BB0E6-2C56-4A78-BAFA-87702C038A75 8/22/2022 Page 350 of 354 Financing Addendum Commercial Brokers Association 2011 ALL RIGHTS RESERVED CBA Form PS_FIN | Financing Addendum Rev. 9/2020 Page |1 2 The following is part of the Purchase and Sale Agreement with Reference Date July 21, 2022 between Rigoberto Ibarra Chavez &/or Assigns (“Buyer”) and City of Pasco (“Seller”) regarding the sale of the property located at NKA 10th Ave in the City of Pasco, Franklin County, Washington (the “Property”). X 1. NEW FINANCING. Buyer’s obligations under the Agreement are contingent on Buyer obtaining new financing. Buyer shall submit a complete written application for financing for the Property within five (5) business days after waiver or satisfaction of the Feasibility Period in Section 23 of the Agreement, pay required costs and make a good faith effort to procure such financing. Buyer shall not reject those terms of a commitment which provide for a loan amount of at least $ or 75 % of the purchase price, interest not to exceed 5 % per annum, a payment schedule calling for monthly payments amortized over not less than years, and total placement fees and points of not more than % of the loan amount. The Agreement shall terminate and Buyer shall receive a refund of the earnest money unless Buyer gives notice that this condition is satisfied or waived on or before days (30 days, if not completed) following waiver or satisfaction of the Feasibility Contingency in Section 23 of the Agreement. If Buyer fails to timely submit a complete written application for financing, this condition shall be deemed waived. 2. ASSUMPTION OF EXISTING FINANCING. a. Approval of Documents. Buyer’s obligations under the Agreement are contingent on Buyer's assumption of a note and mortgage or deed of trust, or a real estate contract. Seller shall deliver to Buyer within five (5) days after mutual acceptance of the Agreement a copy of all documents relating to the obligations that Buyer will assume, including the note, deed of trust, mortgage or real estate contract (or any other underlying debt instruments); any guaranties, non-recourse carve-outs, or indemnity agreements; and any fixture filings or financing statements (the “Underlying Loan Documents”). Buyer shall be deemed to have approved the Underlying Loan Documents unless Buyer gives notice of disapproval during the Feasibility Period. b. Consent to Assumption. Buyer shall submit a complete application for assumption of the Underlying Loan Documents together with any required application fee no later than five (5) days after the Feasibility Contingency Date. Upon Buyer's request, Seller shall assist Buyer by requesting the lender’s consent to the assumption on Buyer's behalf. Buyer’s principals shall be required to execute any reasonable guaranties and indemnities required by the lender. Unless Buyer has obtained consent or waived this condition within days (30 days, if not completed) after the Feasibility Contingency Date and provided Buyer has timely complied with its obligations under this Addendum, this Agreement shall terminate and, Buyer shall receive a refund of the earnest money. c. Assumption Fees and Expenses. Buyer shall pay all costs and expenses attributable to the assumption of the underlying indebtedness including all application fees, processing charges, and assumption fees. d. Release of Seller and Principals. Seller’s obligations under the Agreement shall be shall not be (shall not be, if not completed) conditioned upon Seller and all guarantors or indemnitors being released from their obligations arising under the Underlying Loan Documents for the period on and after Closing. 3. SELLER FINANCING. a. Debt Instruments. If Seller is financing a portion of the Purchase Price, unless different forms are attached to this Agreement, Buyer shall execute and submit to the Closing Agent: (i) LPB Form No. 28A- 05 Promissory Note (CBA Form N-1A) and the DUE ON SALE and COMMERCIAL PROPERTY optional clauses in that form shall apply; (ii) LPB Form No. 20-05 Short Form Deed of Trust; and (iii) CBA Form DTR Deed of Trust Rider. In addition, Buyer authorizes Seller and Closing Agent to file a financing statement to perfect Seller's security interest in the personal property described in the Deed of Trust Rider. b. Payment Terms. Buyer shall pay a down payment in the total amount (including the Earnest Money) of $ , or % of the Purchase Price (check and complete only one Buyer Date Seller Date CBA Text Disclaimer: Text deleted by licensee indicated by strike. New text inserted by licensee indicated by small capital letters. DocuSign Envelope ID: 1C9BB0E6-2C56-4A78-BAFA-87702C038A75 8/22/2022 Page 351 of 354 Financing Addendum Commercial Brokers Association 2011 ALL RIGHTS RESERVED CBA Form PS_FIN | Financing Addendum Rev. 9/2020 Page |2 2 box). The balance of the Purchase Price shall be paid in accordance with the terms of the Promissory Note, which shall bear interest at the rate of % per annum, and shall be payable as follows: Installment Payments (choose one) No installment payments are required; Monthly installments of principal and interest in an amount sufficient to fully amortize the outstanding principal balance at the stated interest rate over years; Monthly principal and interest installment payments totaling $ ; Monthly installment payments of interest only; other . Payment Schedule (choose one, if applicable) The installment payments shall commence on the first day of the first month after closing and shall continue on the same day of each succeeding month until: months from the date of closing; on which date all outstanding principal and interest shall be due. Buyer may may not (may, if not completed) prepay the outstanding principal balance without premium or penalty. If Seller receives any monthly payment more than days (15 days if not filled in) after its due date, then Buyer shall be in default and a late payment charge of $ or % of the delinquent amount (5% of the delinquent amount if not filled in) shall be added to the scheduled payment. The principal shall, at Seller's option, bear interest at the rate of % per annum (18% or the maximum rate allowed by law, whichever is less, if not filled in) during any period of Buyer's default. Buyer shall have days (5 days if not filled in) after written notice from Seller to cure a default before Seller may declare all outstanding sums to be immediately due and payable. (Note to Buyer and Seller: If the Property is currently used primarily for agricultural purposes, then a non- judicial foreclosure/forfeiture remedy is available to Seller only by using a real estate contract and is not available with a deed of trust.) 4. ESTOPPELS/SNDAs. If Buyer or its lender require estoppel certificates or subordination, nondisturbance and attornment agreements (“Estoppel/SNDAs”) from some or all of the non- residential tenants at the Property, then Seller shall cooperate with Buyer to obtain them. The form of the Estoppels/SNDAs shall be CBA Form PS_TEC, or any different form required by Buyer’s lender which Buyer has delivered to Seller during the Feasibility Period. Promptly after the Feasibility Period, Seller shall use commercially reasonable efforts and diligence to obtain the Estoppel/SNDAs from affected tenants; provided, however, Seller shall not be required to incur any liability or out-of-pocket expenses which are not reimbursed by Buyer. Buyer shall have no separate contingency for receipt of the Estoppels/SNDAs other than as otherwise agreed by Seller in writing. 5. ADDITIONAL PROVISIONS. The terms of the Agreement remain unchanged except as supplemented in this Addendum or provided below: Buyer Date Seller Date CBA Text Disclaimer: Text deleted by licensee indicated by strike. New text inserted by licensee indicated by small capital letters. DocuSign Envelope ID: 1C9BB0E6-2C56-4A78-BAFA-87702C038A75 8/22/2022 Page 352 of 354 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 353 of 354 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 comunidad. • 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 celebración 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 354 of 354