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HomeMy WebLinkAbout2022.11.07 Council Meeting Packet AGENDA City Council Regular Meeting 7:00 PM - Monday, November 7, 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. EXECUTIVE SESSION (a) Qualifications of an Applicant for Public Employment per RCW 42.30.110(1)(g) and Discussion with Legal Counsel About Current or Potential Litigation per RCW 42.30.110(1)(i) (30 minutes) 5. 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. Page 1 of 197 6 - 27 (a) Approval of Meeting Minutes for October 17th, 24th, 31th and November 1st and 2nd To approve the minutes of the Pasco City Council Regular Meeting held on October 17, 2022; Special Meeting and Workshop held on October 24, 2022; Special Meeting held on October 31, 2022; Special Workshop held on November 1, 2022; and Special Public Comment Listening Session held on November 2, 2022. 28 - 29 (b) Bills and Communications To approve claims in the total amount of $9,254,528.80 ($6,927,994.85 in Check Nos. 251606-252026; $1,318,988.12 in Electronic Transfer Nos. 837602-837620, 837631-837698, 837703-837801, 837803- 837883, 837889, 837891-837918, 837921-837996, 838001, 838004- 838007, 838009-838010, 838029-838035; $27,267.14 in Check Nos. 54156-54169; $980,278.69 in Electronic Transfer Nos. 30181804- 30182374). 30 - 35 (c) Resolution No. 4267 - Declaring the City of Pasco 2023 Legislative Priorities to approve Resolution No. 4267, declaring the City's Legislative Priorities for the 2023 Session of the Washington State Legislature. 36 - 48 (d) Resolution No. 4268 - Argent Road Phase 1 Project Acceptance to approve Resolution No. 4268, accepting work performed by Culbert Construction, Inc under contract for the Argent Road Widening - Phase 1 (20th Ave to Saraceno Way) Project. 49 - 90 (e) Approve Tri-City Regional Hotel/Motel Commission 2023 Marketing Plan & Budget to approve the Tri-City Regional Hotel/Motel Commission 2023 Marketing Plan and Operating Budget for the Tourism Promotion Area in the total amount of $$2,050,000, with City o f Pasco share of $430,500. 91 - 94 (f) Historic Preservation Commission Reappointment of Devi Tate to confirm the Mayor's reappointment of Devi Tate to Position No. 5 on the Historic Preservation Commission with a term expiring on August 1, 2025. 95 - 98 (g) Code Enforcement Board Appointment of Dwayne Speer and Reappointments of Duane Van Beek, James Rawlinson and Mary Gutierrez to confirm Mayor Barajas's Code Enforcement Board appointment of Dwayne Speer to Position No. 1 with a term from Nove mber 7, 2022, through January 1, 2025, and the reappointments of Duane Van Beek, Page 2 of 197 James Rawlinson and Mary Gutierrez to Position Nos.3, 4, & 5 respectively, for four-year terms through January 1, 2026. 99 - 102 (h) HAPO Center Advisory Board Appointment of Leo Perales to confirm the Mayor's appointment of Leo Perales to the HAPO Center Advisory Board with a term from November 7, 2022 through July 1, 2025. (RC) MOTION: I move to approve the Consent Agenda as read. 6. PROCLAMATIONS AND ACKNOWLEDGEMENTS 7. 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. 8. REPORTS FROM COMMITTEES AND/OR OFFICERS (a) Verbal Reports from Councilmembers 9. HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS RELATING THERETO 103 - 113 (a) Public Hearing and Ordinances Nos. 4619 & 4620 - First Readings of 2023-2024 Operating & Capital Projects Budgets CONDUCT PUBLIC HEARING MOTION: I movefor the first reading of Ordinance No. 4619, for consideration of the City of Pasco Biennial Operating Budget for 2023- 2024, by title only. MOTION: I move for the first reading of Ordinance No. 4620, for consideration of the City of Pasco Biennial Capital Projects Budget for 2023-2024, by title only. 114 - 133 (b) Public Comment Opportunity Related to City Council's Draft Redistricting Plan PUBLIC COMMENT OPPORUNITY Page 3 of 197 10. ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS 134 - 141 (a) Resolution No. 4269 - Bid Award for Transmission Main – West Pasco Water Treatment Plant to Zone 3 MOTION: I move to approve Resolution No. 4269, awarding Bid No. 21238 for the Transmission Main – West Pasco Water Treatment Plant (WPWTP) to Zone 3 project to Total Site Services of Richland, Washington, and further, authorize the City Manager to execute the contract documents and allowing all necessary budget adjustments. 142 - 152 (b) *Resolution No. 4270 - Setting Public Hearing for Snake River Agriculture LLC Right-of-Way Vacation (VAC 2022-006) MOTION: I move to approve Resolution No. 4270, setting 7:00 PM, Monday, December 5, 2022, as the time and date for a public hearing to consider the vacation of a portion of South Oregon Avenue located at the southeast corner of East "A" Street and South Oregon Avenue. 153 - 169 (c) *Resolution No. 4271 - Purchase and Sale Agreement for Real Property (Stahl ROW) MOTION: I move to approve Resolution No. 4271, authorizing the purchase of real property located at 4050 East A Street Pasco, Washington, for future right-of-way. 170 - 179 (d) *Resolution No. 4272 - Drinking Water State Revolving Fund Pre- Construction Loan Application for Butterfield WTP Improvements Project MOTION: I move to approve Resolution No. 4272, authorizing the submittal of a Drinking Water State Revolving Fund Loan Application for the Butterfield Water Treatment Plant (Butterfield WTP) Improvements Project for a loan amount of up to $500,000. 11. UNFINISHED BUSINESS 180 - 195 (a) Cannabis Discussion - Considerations for Retail Sales, Wholesale, Manufacturing, etc. within Pasco 12. NEW BUSINESS 13. MISCELLANEOUS DISCUSSION 14. ADJOURNMENT 15. ADDITIONAL NOTES (a) (RC) Roll Call Vote Required Page 4 of 197 * Item not previously discussed Q Quasi-Judicial Matter MF# “Master File #....” 196 - 197 (b) Adopted 2020-2021 Council Goals (Reference Only) (c) REMINDERS • Thursday, November 10, 4:30 PM: Pasco School District (PSD) Skilled & Technical Advisory Committee – Virtual (COUNCILMEMBER DAVID MILNE) • Thursday, November 10, 7:00 PM: Ben Franklin Transit Board Meeting – Transit Facility (COUNCILMEMBER JOSEPH CAMPOS Rep.; MAYOR PRO TEM CRAIG MALONEY, Alt.) • Monday, November 14, 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 197 AGENDA REPORT FOR: City Council November 1, 2022 TO: Adam Lincoln, Interim City Manager City Council Regular Meeting: 11/7/22 FROM: Debra Barham, City Clerk Administrative & Community Services SUBJECT: Approval of Meeting Minutes for October 17th, 24th, 31th and November 1st and 2nd I. REFERENCE(S): 10.17.2021, 10.24.2022, 10.31.2022, 11.01.2022, 11.02.2022 Draft Council Minutes II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: To approve the minutes of the Pasco City Coun cil Regular Meeting held on October 17, 2022; Special Meeting and Workshop held on October 24, 2022; Special Meeting held on October 31, 2022; Special Workshop held on November 1, 2022; and Special Public Comment Listening Session held on November 2, 2022. III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: V. DISCUSSION: Page 6 of 197 MINUTES City Council Regular Meeting 7:00 PM - Monday, October 17, 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; Darcy Buckley, Finance Director; Colleen Chapin, Human Resources Director; Eric Ferguson, City Attorney; Ed Dunbar, Deputy Fire Chief; Zach Ratkai, Administrative & Community Services Director; Jeff Harpster, Police Captain; 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 for September 30th, October 3rd, 4th and 11th To approve the minutes of the Pasco City Council's Special Mini Retreat held on September 30, 2022, Regular Meeting held on October 3, 2022, Special Listening Session held on October 4, 2022, and Regular Workshop held on October 11, 2022. Bills and Communications To approve claims in the total amount of $3,271,034.15 ($1,941,066.76 in Check Nos. 251258-251605; $296,169.55 in Electronic Transfer Nos. 837623, 837625, 837701-837702, 837802; $21,325.48 in Check Nos. 54142 -54155; $1,012,472.36 in Electronic Transfer Nos. 30181227-30181803). Page 1 of 9Page 7 of 197 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 $211,049.32 and, of that amount, authorize $0.00 to be turned over for collection. Resolution No.4262 - Appointment Process for City Boards & Commissions At the request of Mr. Serrano, this item was moved to Section 10: Unfinished Business for dicussion. Ordinance No. 4613 & Resolution No. 4263 - Budget Amendment & Approval of Behavioral Health Personal Services Agreement with Awareness Consulting & Training, LLC To adopt Ordinance No. 4613, amending the 2021 -2022 Biennial Budget (Ordinance No. 4650) of the City of Pasco, Washington, by providing the supplement thereto; to provide additional appropriation in the City's Ambulance Fund for Mental/Behavioral Health Personal Services Agreement, and further, authorize publication by summary only. To approve Resolution No. 4263, authorizing the City Manager to execute and make minor substantive changes to a Personal Services Agreement Awareness Consulting & Training, LLC for a Behavioral Health Clinician. MOTION: Mayor Pro Tem Maloney moved, seconded by Councilmember Campos to approve the Consent Agenda as read. RESULT: DEFEATED. 1-6 AYES: Councilmember Roach NAYS: Mayor Pro Tem Maloney, Councilmember Campos, Mayor Barajas, Councilmember Brown, Councilmember Milne, and Councilmember Serrano MOTION: Mayor Pro Tem Maloney moved, seconded by Councilmember Campos to approve the Consent Agenda by removing Item 4.(c), Resolution No.4262 - Appointment Process for City Boards & Commissions from the Consent Agenda and placing it under Section 10: Unfinished Business for further discussion. RESULT: Motion carried unanimously 7-0 AYES: Mayor Barajas, Mayor Pro Tem Maloney, Councilmember Brown, Councilmember Campos, Councilmember Milne, Councilmember Roach, and Councilmember Serrano PROCLAMATIONS AND ACKNOWLEDGEMENTS Page 2 of 9Page 8 of 197 Proclaiming Community Media Day - Accepting the Proclamation, Jon Funfar, Communications Program Manager Mayor Barajas read the proclamation for Community Media Day on October 20, 2022 and accepting the proclamation was Communications Program Manager Jon Funfar. VISITORS - OTHER THAN AGENDA ITEMS Robby Matus and Megan Matus, Pasco residents, expressed con cern about the lock in barriers that will be placed in the rear of their property that will prohibit them from accessing their property from the back. Karin Milham, Pasco resident and Franklin County Clerk of the Board, expressed opposition to retail sales of cannabis in downtown Pasco; she suggested placing it in King City area. Jim Raymond, Pasco resident and Franklin County Sheriff, expressed opposi tion to retail sales of cannabis within Pasco city limits. Scott Musser, Pasco resident and Pasco business owner, expressed opposition to retail sales of cannabis within Pasco city limits. John Rosenau, Pasco resident and Franklin County Assessor, expressed opposition to retail sales of cannabis within Pasco city limits. Mr. Rosenau submitted a document, which included the signatures twelve retired police officers who also expressed opposition to the sales of cannabis in Pasco to the City Clerk for the record. Curtis McGary, Pasco resident and Franklin County Coroner, expressed opposition to retail sales of cannabis within Pasco city limits. Luke Mehlenbacher, Pasco resident, expressed opposition to retail sales of cannabis within Pasco city limits. Steve Simmons, Pasco resident, expressed opposition to reta il sales of cannabis within Pasco city limits. Steve Christensen, Pasco resident and Pasco School District Board member, expressed opposition to retail sales of cannabis within Pasco city limits. J. Guadalupe Cardenas, Pasco resident, expressed opposition to retail sales of cannabis within Pasco city limits. Joe Cotta, Pasco resident, expressed opposition to retail sales of cannabis within Pasco city limits. Nikki Morgan, Pasco resident, expressed opposition to retail sales of cannabis within Pasco city limits. Page 3 of 9Page 9 of 197 Walter Griffitts, Pasco resident, expressed opposition to retail sales of cannabis within Pasco city limits and he also expressed concern about a speeding issue in his neighborhood. Amber Mehlenbacher, Pasco resident, expressed opposition to retail sales of cannabis within Pasco city limits. Carl Thomsen, Pasco resident, expressed opposition to retail sales of cannabis within Pasco city limits. L. Martinez, Pasco resident, expressed concern about a speeding issue in his neighborhood. He also expressed opposition to retail sales of cannabis within Pasco city limits. Fred Ninnino, Pasco resident, said "No" to retail sales of cannabis within Pasco city limits. Mr. Serrano noted that he received nearly 20 emails and of those emails, 17 expressed no to the retail sales cannabis and 2 for the sales of cannabis. REPORTS FROM COMMITTEES AND/OR OFFICERS Verbal Reports from Councilmembers Ms. Roach announced the new Visit Tri-Cities CEO, Kevin Lewis and he is from St. George, Utah. Mr. Campos commented on the Ben Franklin Transit Board meeting he attended recently. RECESS Mayor Barajas called a five-minute recess at 7:50 AM. HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS RELATING THERETO Public Hearing and Ordinance No. 4614 - Ad Valorem Tax (Property Tax) Ms. Buckley provided a brief update related to the A d Valorem Tax, which was based on the discussion held at the October 11th Council Workshop. Council and staff briefly discussed the three options before Council for consideration.. Mayor Barajas declared the Public Hearing open to consider the propose d 2023 Ad Valorem Tax. Page 4 of 9Page 10 of 197 Juan Cardenas, Pasco resident, expressed support for Option A - (providing for an increase in the regular property taxes for the City for levy in 2022 and collection in the 2023 ta year; preserving the levy capacity for future years: and providing for related matter. [Zero-percent (0%) increase from the previous year, 2022.]) Following three calls for comments, and there being none, Mayor Barajas declared the Public Hearing closed. MOTION: Mayor Pro Tem Maloney moved, seconded by Councilmember Serrano to adopt Ordinance No. 4614, providing for an increase in the regular property taxes of the City for levy in 2022 and collection in the 2023 tax year; preserving the levy capacity for future years: and providing for related matters. [Zero-Percent (0 %) increase from the previous year, 2022] RESULT: Motion carried unanimously 7-0 AYES: Mayor Barajas, Mayor Pro Tem Maloney, Councilmember Brown, Councilmember Campos, Councilmember Milne, Councilmember Roach, and Councilmember Serrano ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS Ordinance No. 4615 - Road 40 LLC Rezone I-1 to I-2 (Z 2022-009) Mr. White provided a brief report on the proposed rezone for Road 40 LLC. Mr. Ferguson read the quasi-judicial procedure including how the Appearance of Fairness Doctrine applies to it. Next, he asked all Councilmembers a series of questions associated with potential conflicts of interest to disclose such potential conflicts or appearance of conflicts. With no response from the Councilmembers, he asked if any members of the public were seeking to disqualify a member of Council from participating in the proceedings. No one came forward. MOTION: Mayor Pro Tem Maloney moved, seconded by Councilmember Serrano to adopt Ordinance No. 4615, approving a rezone for a property on the west side of Road 40 East, south of "A" Street from I-1 (Light Industrial) to I-2 (Medium Industrial) and further, authorize publication by summary only. RESULT: DEFEATED. 2-5 AYES: Mayor Pro Tem Maloney and Councilmember Serrano NAYS: Mayor Barajas, Councilmember Brown, Councilmember Campos, Councilmember Milne, and Councilmember Roach MOTION: Mayor Pro Tem Maloney moved, seconded by Councilmember Campos to hold a Closed Public Hearing on November 28, 2022, (during a Special Meeting.) Page 5 of 9Page 11 of 197 RESULT: Motion carried unanimously 7-0 AYES: Mayor Barajas, Mayor Pro Tem Maloney, Councilmember Brown, Councilmember Campos, Councilmember Milne, Councilmember Roach, and Councilmember Serrano Ordinance No. 4616 - Ramgar Commons Rezone - Office to C-1 & R-1 (Z 2022- 010) Mr. White provided a brief report regarding the proposed Ramgar Commons Rezone. Mayor Barajas announced that the rezone was a quasi-judicial action and asked Mr. Ferguson to explain the procedure for quasi-judicial items. Mr. Ferguson read the quasi-judicial procedure including how the Appearance of Fairness Doctrine applies to it. Next, he asked all Councilmembers a series of questions associated with potential conflicts of interest to disclose such potential conflicts or appearance of conflicts. With no response from the Councilmembers, he asked if any members of the public were seeking to disqualify a member of Council from participating in the proceedings. No one came forward. MOTION: Mayor Pro Tem Maloney moved, seconded by Councilmember Roach to adopt Ordinance No. 4616, approving a rezone for a property located at the northeast corner of Road 42 and West Court Street, from Office to C-1 and R-1, and further, authorize publication by summary only. RESULT: Motion carried unanimously 7-0 AYES: Mayor Barajas, Mayor Pro Tem Maloney, Councilmember Brown, Councilmember Campos, Councilmember Milne, Councilmember Roach, and Councilmember Serrano Ordinance No. 4617 - Magnolia Heights Rezone - Office & C-1 to R-3 (Z 2022- 011 & 012) Mayor Barajas announced that the proposed Magnolia Heights rezone was a quasi- judicial action and asked Mr. Ferguson to explain the procedure for quasi -judicial items. Mr. Ferguson read the quasi-judicial procedure including how the Appearance of Fairness Doctrine applies to it. Next, he asked all Councilmembers a series of questions associated with potential conflicts of interest to disclose such potential conflicts or appearance of conflicts. With no response from the Councilmembers, he asked if any members of the public were seeking to disqualify a member of Council from participating in the proceedings. No one came forward. Page 6 of 9Page 12 of 197 Mr. Ferguson announced two additional written comments Council received earlier in the day and he handed the comments to the City Clerk to enter them into the record. Mr. White provided a brief report on the proposed rezone. Council and staff briefly discussed the proposed rezone. MOTION: Mayor Pro Tem Maloney moved, seconded by Councilmember Roach to adopt Ordinance No. 4617, approving a rezone for a property lying south of Chapel Hill Boulevard and west of Road 100, from “O” (Office) and C -1 (Retail Business) to R-3 (Medium-Density Residential) and further, authorize publication by summary only. RESULT: Motion carried 5-2 AYES: Mayor Barajas, Mayor Pro Tem Maloney, Councilmember Brown, Councilmember Campos, and Councilmember Roach NAYS: Councilmember Milne and Councilmember Serrano Resolution No.4264 - Setting Public Hearing for Right-of-Way Vacation at Court & Road 68 Mr. Worley introduced Engineer II Sevigny, who provided a brief report on the proposed right-of-way vacation located at the intersection of Court Street and Road 68. MOTION: Mayor Pro Tem Maloney moved, seconded by Councilmember Milne to approve Resolution No. 4264, initiating vacation proceedings and setting 7:00 pm, Monday, November 21, 2022, as the time and date to conduct a public hearing to consider the vacation of a portion of Right -of-Way lying north of the centerline of W. Court St. and west of the centerline of Road 68. RESULT: Motion carried unanimously 7-0 AYES: Mayor Barajas, Mayor Pro Tem Maloney, Councilmember Brown, Councilmember Campos, Councilmember Milne, Councilmember Roach, and Councilmember Serrano Resolution No.4265 - Purchase and Sale Agreement for Improvements on Real Property (Blasdel/PWRF) Mr. Ratkai provided a brief report on the proposed purchase of personal property and leasehold interests located on City property. MOTION: Mayor Pro Tem Maloney moved, seconded by Councilmember Campos MOTION: I move to approve Resolution No. 4265, authorizing the purchase of personal property and leasehold interests on property located at 515 Blasdel Road, Pasco, Washington. Page 7 of 9Page 13 of 197 RESULT: Motion carried unanimously 7-0 AYES: Mayor Barajas, Mayor Pro Tem Maloney, Councilmember Brown, Councilmember Campos, Councilmember Milne, Councilmember Roach, and Councilmember Serrano UNFINISHED BUSINESS Resolution No.4262 - Appointment Process for City Boards & Commissions Mr. Zabell stated that the updates in the City Boards & Commissions appointment process addressed the application review and interview process and that over the weekend Mr. Serrano had suggested that a review of the qualifications section of the process be reviewed as well. Mr. Serrano questioned the current language in the qualifications of a board/commission candidate under Section No. 2 in the proposed Resolution, which spurred Council discussion and the recommendation to add some clarifying language within the resolution related to qualifications. This resolution was scheduled to come back during the next available meeting for final action. MOTION: Mayor Pro Tem Maloney moved, seconded by Councilmember Milne to move the Resolution No. 4262 - Appointment Process for City Boards and Commissions to next scheduled business meeting. RESULT: Motion carried unanimously 7-0 AYES: Mayor Barajas, Mayor Pro Tem Maloney, Councilmember Brown, Councilmember Campos, Councilmember Milne, Councilmember Roach, and Councilmember Serrano RECESS 5 Minute recess at 8:50 PM EXECUTIVE SESSION Council adjourned into Executive Session at 8:55 PM for 15 minutes to discuss the performance of a public employee per RCW 42.30.110(1)(g); to discuss the qualifications of an applicant for public employment per RCW 42.30.110(1)(g); and to discuss with legal counsel about current or potential litigation per RCW 42.30.110(1)(i) with the City Manager, Deputy City Manager and the City Attorney. Mr. Serrano came out of the Executive Session at 8:59 PM, stating that he was recusing himself from the Executive Session during the discussion of the "current or potential litigation" portion of the Executive Session. Page 8 of 9Page 14 of 197 At 9:10 PM Mayor Barajas announced that the Executive Session would continue for another 5 minutes. Mayor Barajas called the meeting back to order at 9:16 PM. ADJOURNMENT There being no further business, the meeting was adjourned at 9:16 PM. PASSED and APPROVED this ____ day of ________________, 20__. APPROVED: ATTEST: Blanche Barajas, Mayor Debra Barham, City Clerk Page 9 of 9Page 15 of 197 MINUTES City Council Special Meeting 7:00 PM - Monday, October 24, 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; Darcy Buckley, Finance Director; Colleen Chapin, Human Resources Director; Eric Ferguson, City Attorney; Bob Gear, Fire Chief (arrived online at 7:45 PM); Ed Dunbar, Deputy Fire Chief; Zach Ratkai, Administrative & Community Services Director; Ken Roske, Police Chief; 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. NEW BUSINESS Appointment of Interim City Manager, Effective November 1, 2022 Mr. Zabell recommended Deputy City Manager Lincoln as the interim City Manager, noting that Mr. Lincoln will not only take on all the responsibilities of the office of the City Manager during this interim period, he will continue to perform his Deputy City Manager duties as well. MOTION: Mayor Pro Tem Maloney moved, seconded by Councilmember Campos to appoint City of Pasco Deputy City Manager Adam Lincoln as Interim City Manager effective November 1, 2022, and remain as the Interim City Manager until such time a City Manager is hired by the Pasco City Council and is swear in. Page 1 of 4Page 16 of 197 RESULT: Motion carried unanimously 7-0 AYES: Mayor Barajas, Mayor Pro Tem Maloney, Councilmember Brown, Councilmember Campos, Councilmember Milne, Councilmember Roach, and Councilmember Serrano Oath of Office of City Manager, Effective November 1, 2022 Mayor Pro Tem Barajas gave the Oath of Office of City Manager to Mr. Lincoln for an interim period while Council is searching for a permanent City Manager hire. Mr. Lincoln thanked Council for the opportunity to serve the City of Pasco in this capacity and then he introduced his family who came to witness this action. Resolution No. 4266 - Approve Interim City Manager's Contract Mr. Zabell provided a brief overview of the interim City Manager Contract and what it entails and he noted that during the time Mr. Lincoln will be doing both jobs. MOTION: Mayor Pro Tem Maloney moved, seconded by Councilmember Roach to approve Resolution No. 4266, approving the interim City Manager contract. RESULT: Motion carried unanimously 7-0 AYES: Mayor Barajas, Mayor Pro Tem Maloney, Councilmember Brown, Councilmember Campos, Councilmember Milne, Councilmember Roach, and Councilmember Serrano RECESS Mayor Barajas called a five-minute recess at 7:10 PM. EXECUTIVE SESSION Council adjourned into Executive Session at 7:15 PM for 30 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 and the City Attorney. Mr. Serrano recused himself from the Executive Session discussion and remained in the Council Chambers. At 7:46 PM Mayor Barajas announced that the Executive Session would continue for another five minutes. Mayor Barajas called the meeting back to order at 7:52 PM. Page 2 of 4Page 17 of 197 UNFINISHED BUSINESS Approval of a Draft City Council Redistricting Plan for Publication and Public Comment Mr. Zabell and Mr. Ferguson provided a brief history of the Pasco City Council Voting Districts and legal requirements when redistricting of Council Voting Districts are required. They also commented on the current draft Redistricting Plan that meets the requirements of RCW 29A.76.010. Mr. Serrano recused himself from voting on this item and left the meeting at 7:57 PM. Mr. Ferguson provided the next steps needed in this process and recommended that Council approve the draft City Council Redistricting Plan for publication and public comment and hopefully, passage at the November 7, 2022, Council Meeting. Mayor Pro Tem Maloney asked for a Listening Session before the November 7, 2022 Council Meeting. He expressed disappointment that this is first opportunity the public has had to review the draft Redistricting Plan. Council and staff discussion ensued regarding the next steps in the process of the required redistricting of Council's Voting Districts. MOTION: Mayor Pro Tem Maloney moved, seconded by Councilmember Roach to approve the draft Redistricting Plan for the Pasco City Council Voting Districts as presented to Council by staff and authorize publication for public comment consistent with State and Federal Voter Rights Acts. RESULT: Motion carried unanimously 6-0 AYES: Mayor Barajas, Mayor Pro Tem Maloney, Councilmember Brown, Councilmember Campos, Councilmember Milne, and Councilmember Roach ABSENT: Councilmember Serrano Mr. Serrano returned to Council Chambers and to the meeting. Resolution No. 4262 - Appointment Process for City Boards & Commissions MOTION: Mayor Pro Tem Maloney moved, seconded by Councilmember Serrano to approve Resolution No. 4262, amending the process for appointments to City Boards and Commissions. RESULT: Motion carried unanimously 7-0 AYES: Mayor Barajas, Mayor Pro Tem Maloney, Councilmember Brown, Councilmember Campos, Councilmember Milne, Councilmember Roach, and Councilmember Serrano Page 3 of 4Page 18 of 197 ADJOURNMENT There being no further business, the meeting was adjourned at 8:14 PM. PASSED and APPROVED this __ day of ________________, 20__. APPROVED: ATTEST: Blanche Barajas, Mayor Debra Barham, City Clerk Page 4 of 4Page 19 of 197 MINUTES City Council Workshop Meeting 7:15 PM - Monday, October 24, 2022 City Council Chambers & GoToWebinar CALL TO ORDER The meeting was called to order at 8:21 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; Darcy Buckley, Finance Director; Colleen Chapin, Human Resources Director; Eric Ferguson, City Attorney; Bob Gear, Fire Chief; Ed Dunbar, Deputy Fire Chief; Zach Ratkai, Administrative & Community Services Director; Ken Roske, Police Chief; Rick White, Community & Economic Development Director; Steve Worley, Public Works Director; and Debby Barham, City Clerk. VERBAL REPORTS FROM COUNCILMEMBERS Mr. Milne attended two grand openings, the first was with the H & R Trucking Company held on Friday, October 21st and the second was with Jersey Mike's Sub Sandwich Shop earlier today. Mr. Milne also attended the State of the Cities event held on October 19th. Ms. Roach and Mr. Brown commented on the first African American Chamber of Commerce meeting held on Saturday, October 22, 2022. Mr. Campos attended the Benton, Franklin & Walla Walla Counties Good Roads & Transportation Association meeting last week. Mayor Pro Tem Maloney commented on the City's Boards and Commissions appointment process and encouraged all who are interested apply for a position on one of the boards or commissions. Mayor Barajas also commented on annual State of the Cities event. Page 1 of 3Page 20 of 197 ITEMS FOR DISCUSSION Visit Tri-Cities 2022 Mid-Year Report & Tri-City Regional Hotel/Motel Commission 2023 Marketing Plan & Budget Mr. Lincoln introduced Kim Shugart, Senior Vice President, Visit Tri-Cities who presented the Visit Tri-Cities mid-year report and the 2023 Tri-Cities Regional Hotel/Motel Commission's Marketing Plan and Budget. Ms. Shugart also noted that Cory Pearson, Visit Tri-Cities Board Chair and Jerry Beach, Tri Cities Regional Hotel/Motel Commissioner representing the City of Pasco, were in the audience. Council and Ms. Shugart briefly discussed the Visit Tri-Cities mid-year report, as well as the trends and plans for the HAPO Center. Presentation of 2023 Legislative Priorities Mr. Lincoln introduced Briahna Murray, Vice President, Gordon Thomas Honeywell Governmental Affairs who provided a brief overview of the proposed 2023 Legislative Priorities for the City of Pasco. Council and Ms. Murray discussion ensued regarding the proposed legislative priorities. Presentation of 2023-2024 Biennial Budget Mr. Zabell introduced the 2023-2024 Biennial Budget to Council. Next, the department directors reported on their department's budget requests and included their 2022 accomplishments and 2023-2024 goals. Mr. Zabell explained the need for Council review the City's Traffic and Fire Impact Fees, as well as Capital Expansion Fee, as increases are needed in these fee schedules. Mr. Zabell announced that this budget was the most impactful budget he and staff has prepared to date due to numerous reasons and one important reason is due to the past and continued growth the City has and will continue to experience over the next 10 to 20 years. The proposed 2023-2024 Biennial Budgets included an additional 100 full-time equivalates (FTEs) to meet the current demands placed on the City services. Council expressed appreciation to Mr. Zabell and staff extensive work placed into developing the budget and forecasting the City's needs. Page 2 of 3Page 21 of 197 Resolution - Argent Road Phase 1 Project Acceptance Mr. Worley introduced Capital Improvements Program Manager Serra who provided a brief report on the proposed project acceptance of the Argent Road Phase 1 Project. Mr. Campos asked for metrics on traffic safety in and near that intersection and if accidents have been reduced with the completed improvements to the intersection. MISCELLANEOUS COUNCIL DISCUSSION Mr. Zabell announced his retirement celebration for Police Office Jason Griffin scheduled for Wednesday, October 26th at 3:30 PM in the Police Department Community Room; the second Sylvester Street Safety Improvement Project Open House was scheduled for November 10th at 6:00 PM in the Council Chambers; Community Risk Reduction Firefighter Ben Sherer recently received the Washington State Association of Fire Marshals Award; and lastly, the City Manager retirement reception was scheduled for Friday October 28th from 2:00 to 4:00 PM in the Council Chambers. EXECUTIVE SESSION Council adjourned into Executive Session at 10:21 PM for 10 minutes to discuss with legal counsel regarding agency enforcement actions per RCW 42.30.110(1)(i) and discuss Collective Bargaining Unit negotiations per RCW 42.30.140(4)(a) with the City Manager, Deputy City Manager and the City Attorney. At 10:31 PM Mayor Barajas announced that the Executive Session would continue for another 10 minutes. At 10:40 PM Mayor Barajas announced that the Executive Session would continue for another 5 minutes. Mayor Barajas called the meeting back to order at 10:46 PM. ADJOURNMENT There being no further business, the meeting was adjourned at 10:46 PM. PASSED and APPROVED this __ day of ________________, 20__. APPROVED: ATTEST: Blanche Barajas, Mayor Debra Barham, City Clerk Page 3 of 3Page 22 of 197 MINUTES City Council Special Meeting 6:00 PM - Monday, October 31, 2022 City Council Chambers & GoToWebinar CALL TO ORDER The meeting was called to order at 6:02 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; Darcy Buckley, Finance Director; Eric Ferguson, City Attorney; Bob Gear, Fire Chief; 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 Ordinance No. 4618 - Formation of Broadmoor Tax Increment Area (TIA) Mr. Zabell, along with staff, recommended that Council approve the formation of the Broadmoor Tax Increment Area by adoption of the Ordinance as presented in the agenda packet. MOTION: Mayor Pro Tem Maloney moved, seconded by Councilmember Brown to adopt Ordinance No. 4618, designating the Broadmoor Tax Increment Area and providing for related matters, and further, authorize publication by summary only. RESULT: Motion carried unanimously 7-0 AYES: Mayor Barajas, Mayor Pro Tem Maloney, Councilmember Brown, Councilmember Campos, Councilmember Milne, Councilmember Roach, and Councilmember Serrano Page 1 of 2Page 23 of 197 ADJOURNMENT There being no further business, the meeting was adjourned at 6:08 PM. PASSED and APPROVED this __ day of ________________, 20__. APPROVED: ATTEST: Blanche Barajas, Mayor Debra Barham, City Clerk Page 2 of 2Page 24 of 197 MINUTES City Council Special Meeting 4:30 PM - Tuesday, November 1, 2022 City Council Chambers & GoToWebinar CALL TO ORDER The meeting was called to order at 4:32 PM by Blanche Barajas, Mayor. ROLL CALL Councilmembers present: Blanche Barajas, Craig Maloney, Joseph Campos, Zahra Roach, and Pete Serrano Councilmembers absent: Irving Brown and David Milne Staff present: Colleen Chapin, Human Resources Director; and Debby Barham, City Clerk. EXECUTIVE SESSION Council adjourned into Executive Session at 4:34 PM for 90 minutes to discuss the qualifications of an applicant for public employment per RCW 42.30.110(1)(g) with the Human Resources Director Chapin and GMP Consultants Greg Prothman and Ray Corpuz, Mayor Barajas called the meeting back to order at 6:05 PM. ADJOURNMENT There being no further business, the meeting was adjourned at 6:05 PM. PASSED and APPROVED this __ day of ________________, 20__. APPROVED: ATTEST: Blanche Barajas, Mayor Debra Barham, City Clerk Page 1 of 1Page 25 of 197 MINUTES City Council Special Meeting 6:00 PM - Wednesday, November 2, 2022 City Council Chambers & GoToWebinar ATTENDANCE Councilmembers present: Craig Maloney and Zahra Roach Councilmembers absent: Blanche Barajas, Irving Brown, Joseph Campos, David Milne, and Pete Serrano Staff present: Adam Lincoln, Interim City Manager; Eric Ferguson, City Attorney; Rick White, Community & Economic Development Director; Angela Pashon, Senior Policy Analyst; and Debby Barham, City Clerk. PUBLIC COMMENT OPPORTUNITY RELATED TO CITY COUNCIL'S DRAFT REDISTRICTING PLAN Mr. Lincoln welcomed everyone to the special workshop where the public had the opportunity to learn about about the City Council's draft Redistricting Plan, as well as the ability to provide comments to the plan. He provided an outline of the evening's agenda and then introduced Attorney Amanda Daylong, consultant for the City Council's redistricting plan; Dr. Peter Morrison, the demographer who prepared the 2017 voting districts map, as well as the draft 2022 voting districts map; and City Attorney Ferguson. Mr. Ferguson provided a brief history of the City of Pasco's Council Voting Districts and the laws for redistricting the voting districts. Ms. Daylong provided additional information regarding the legal requirements n eeded to meet the current decennial redistricting plan when creating it. Dr. Peter Morrison, the Demographer who prepared the "Draft Memo Transmitting Recommended City Council Redistricting Plan," addressed the questions and comments submitted prior to this special workshop. The following list of individuals expressed their opinions and concerns regarding the draft Redistricting Plan and they asked that Council consider extending the state mandated due date of November 15th so that there would be addit ional time for public Page 1 of 2Page 26 of 197 input; they requested additional district map alternatives; they asked for specific explanations when splitting current precincts; and they asked that the criteria in the 2017 and 2020 tables match: • John Kennedy, Pasco resident • Stephen Bauman, Franklin County resident • Leo Perales, Pasco resident • Felix Vargas, Pasco resident • Pamela Odette, Pasco resident Councilmember Roach, Mayor Pro Tem Maloney and Mr. Lincoln provided some final comments and thanked everyone for attending this listening session. ADJOURNMENT There being no further discussion, the public comment opportunity closed at 7:26 PM. PASSED and APPROVED this __ day of ________________, 20__. APPROVED: ATTEST: Blanche Barajas, Mayor Debra Barham, City Clerk Page 2 of 2Page 27 of 197 AGENDA REPORT FOR: City Council November 3, 2022 TO: Adam Lincoln, Interim City Manager City Council Regular Meeting: 11/7/22 FROM: Darcy Buckley, Finance Director Finance SUBJECT: Bills and Communications I. REFERENCE(S): Accounts Payable 11.07.22 II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: To approve claims in the total amount of $9,254,528.80 ($6,927,994.85 in Check Nos. 251606-837602Nos. Transfer 252026; in $1,318,988.12 Electronic - 837620, 837631-837698, 837703-837801, 837803-837883, 837889, 837891- 837918, 837921-837996, 838001, 838004-838007, 838009-838010, 838029- 838035; $27,267.14 in Check Nos. 54156-54169; $980,278.69 in Electronic Transfer Nos. 30181804-30182374). III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: V. DISCUSSION: Page 28 of 197 REPORTING PERIOD: November 7, 2022 Claims Bank Payroll Bank Gen'l Bank Electronic Bank Combined Check Numbers 251606-252026 54156-54169 Total Check Amount $6,927,994.85 $27,267.14 Total Checks 6,955,261.99$ Electronic Transfer Numbers 837602-837620 30181804-30182374 837631-837698 837703-837801 837803-837883 837889 837891-837918 837921-837996 838001 838004-838007 838009-838010 838029-838035 Total EFT Amount $1,318,988.12 $980,278.69 $0.00 Total EFTs 2,299,266.81$ Grand Total 9,254,528.80$ Councilmember 933,142.35 46,416.54 5,512.67 2,224.18 39,093.80 509.33 31,384.29 5,420.03 3,936.41 3,377.86 3,889.41 44,622.95 10,901.84 15,764.09 HOTEL/MOTEL EXCISE TAX 17,872.99 1,460,818.41 4,181,974.11 115,508.60 14,209.45 64,016.70 196,819.20 2,078.45 2,055,035.14 GRAND TOTAL ALL FUNDS:9,254,528.80$ The City Council October 13 - November 2, 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. Adam Lincoln, Interim City Manager Griselda Garcia, Finance Manager We, the undersigned City Councilmembers of the City Council of the City of Pasco, Franklin County, Washington, do hereby certify on this 7th day of November, 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 SPECIAL ASSESSMENT LODGING REVOLVING ABATEMENT ECONOMIC DEVELOPMENT GENERAL CAP PROJECT CONSTRUCTION UTILITY, WATER/SEWER PAYROLL CLEARING EQUIPMENT RENTAL - OPERATING BUSINESS EQUIPMENT RENTAL - REPLACEMENT BUSINESS MEDICAL/DENTAL INSURANCE FLEX Page 29 of 197 AGENDA REPORT FOR: City Council November 1, 2022 TO: Adam Lincoln, Interim City Manager City Council Regular Meeting: 11/7/22 FROM: Adam Lincoln, City Manager Executive SUBJECT: Resolution No. 4267 - Declaring the City of Pasco 2023 Legislative Priorities I. REFERENCE(S): Resolution 2023 Legislative Priorities II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: City's the declaring 4267, No. to approve move I Resolution Legislative Priorities for the 2023 Session of the Washington State Legislature. III. FISCAL IMPACT: N/A IV. HISTORY AND FACTS BRIEF: The 2023 Washington State Legislative session will convene on Monday, January 9th. The 2023 session is the first year of the two -year legislative biennium, commonly referred to as the "long" session, the odd year session is scheduled for 105 days. The long session focuses on the adoption of the biennial operating, capital, and transportation budgets. Gordon Thomas Honeywell Governmental Affairs (GTHGA) has been contracted to assist in promoting the Council's legislative priorities to the legislature. In d oing so GTHGA assists in the development a comprehensive legislative agenda and in furthering that agenda in Olympia by providing on -the-ground (or virtual) presence in Olympia during session, monitoring the legislature throughout the year, and advancing the City's legislative agenda. The City has benefited by maintaining a proactive posture with the legislature regarding the interests of Pasco. One means by which Council has made its Page 30 of 197 concerns and interests known to the legislature, and specifically its legislative delegation, is through the adoption of its City Legislative Priorities Statement. V. DISCUSSION: Attached is the 2023 Legislative Priorities list, which reflects modifications to the previous agenda as recommended by staff and the legislati ve consultant, Briahna Murray, Vice President, GTHGA. The proposed amendments to the legislative priorities considered changed circumstances over the past year; additionally, the priorities reflect current circumstances, overall Council policy direction and the likelihood of success. At the October 24, 2022, Council Workshop, Briahna Murray, Vice President, GTHGA presented an overview of the upcoming session and review the priorities and strategies for advocacy. Staff recommends approval of the resolution declaring the City's legislative priorities for the 2023 Washington State Legislature Session. Page 31 of 197 Resolution – 2023 Legislative Priorities - 1 RESOLUTION NO. _____ A RESOLUTION OF THE CITY OF PASCO, WASHINGTON, DECLARING THE CITY’S LEGISLATIVE PRIORITIES FOR THE 2023 SESSION OF THE WASHINGTON STATE LEGISLATURE. WHEREAS, the 2023 Legislative Session of the Washington State Legislature commences on January 9, 2023; and WHEREAS, the City of Pasco, as a municipal corporation and political subdivision of the State of Washington can be substantially affected by the actions of the Washington State Legislature; and WHEREAS, the City Council has evaluated conditions impacting the City of Pasco and opportunities to improve the services the City provides to its citizenry; and WHEREAS, the City Council desires to identify the legislative priorities for the 2023 Legislative Session so they can be provided to state legislators prior to the commencement of the next legislative session. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON: Section 1. That the legislative objectives stated herein constitute the priorities of the City of Pasco for the 2023 Legislative Session. • DOWNTOWN PASCO NORTH PLAZA: The City requests $750,000 to renovate the nearly 50-year-old outdated Downtown Pasco North Plaza. When combined with other downtown investments, the North Plaza will serve as a catalyst for Pasco’s vibrant downtown and attract visitors to support small businesses and economic growth. • PROCESS WATER REUSE FACILITY (PWRF): The City requests $5 million as part of a public-private partnership to upgrade its Process Water Reuse Facility to make it more efficient and environmentally friendly. The total investment to upgrade the facility is $80 million. • GESA STADIUM: The City joins communities throughout the state to request $24 million to improve publicly owned baseball stadiums. The City of Pasco owns Gesa Stadium, a public gathering place, and is the home of the Dust Devils. The Dust Devils attract 108,836 visitors to the Tri-Cities annually and are a fixture in the community. Of the $24 million, $3 million would be allocated to improve Gesa Stadium. • HOUSING: The City supports state funding to ensure housing is constructed to serve the community’s most vulnerable populations. Additionally, the City supports state policies to allow the market to increase housing supply. The City amended its zoning Page 32 of 197 Resolution – 2023 Legislative Priorities - 2 code to allow middle housing types in 80% of the city, and now asks the state to remove other barriers to the construction of housing, such as relaxing condominium liability regulations, reducing construction costs, and providing tax incentives. • PUBLIC SAFETY & BEHAVIORAL HEALTH: The Pasco community has experienced a significant increase in crime. In response, the City requests the following: o Allocate $925,000 annually to fund two Basic Law Enforcement Academy classes in the Tri-Cities to expedite the training of police officers once hired. o Increase funding for alternative response teams, treatment facilities for adults and juveniles, and funding for social workers, treatment providers, and system navigators to help direct people to treatment. o Allow officers to take a custodial action for the possession of controlled substances, and fund adequate treatment options. o Clarify that officers can engage in vehicular pursuits when appropriate. • TRANSPORTATION: The City requests that the state make the following investments: o Funding to preserve and maintain the local transportation system o $3 million for the Road 76 Overcrossing Project o $8 million for the Broadmoor Bike/Ped Crossing over I-182 o $1.5 million for State Route 12 Safety Improvements o $2 million for a feasibility study to allow access to I-182 from Hwy 395 to Argent o Fully fund grant programs, such as the WSDOT Bike/Ped Program, that will allow the City to receive grant funds for eligible projects such as the Sylvester Street Overpass. Section 2. The City Manager is hereby directed to inform state legislators and other appropriate parties of the City’s 2023 Legislative Priorities. PASSED by the City Council of the City of Pasco, Washington on this ___ day of _________, 2022. _____________________________ Blanche Barajas Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorney Page 33 of 197 City of Pasco 2023 State Legislative Priorities DOWNTOWN PASCO NORTH PLAZA: The City requests $750,000 to renovate the nearly 50-year-old outdated Downtown Pasco North Plaza. When combined with other downtown investments, the North Plaza will serve as a catalyst for Pasco’s vibrant downtown and attract visitors to support small businesses and economic growth. PROCESS WATER REUSE FACILITY (PWRF): The City requests $5 million as part of a public-private partnership to upgrade its Process Water Reuse Facility to make it more efficient and environmentally friendly. The total investment to upgrade the facility is $80 million. GESA STADIUM: The City joins communities throughout the state to request $24 million to improve publicly owned baseball stadiums. The City of Pasco owns Gesa Stadium, a public gathering place, and is the home of the Dust Devils. The Dust Devils attract 108,836 visitors to the Tri-Cities annually and are a fixture in the community. Of the $24 million, $3 million would be allocated to improve Gesa Stadium. HOUSING: The City supports state funding to ensure housing is constructed to serve the community’s most vulnerable populations. Additionally, the City supports state policies to allow the market to increase housing supply. The City amended its zoning code to allow middle housing types in 80% of the city, and now asks the state to remove other barriers to the construction of housing, such as re laxing condominium liability regulations, reducing construction costs, and providing tax incentives. PUBLIC SAFETY & BEHAVIORAL HEALTH: The Pasco community has experienced a significant increase in crime. In response, the City requests the following: • Allocate $925,000 annually to fund two Basic Law Enforcement Academy classes in the Tri-Cities to expedite the training of police officers once hired. • Increase funding for alternative response teams, treatment facilities for adults and juveniles, and funding for social workers, treatment providers, and system navigators to help direct people to treatment. • Allow officers to take a custodial action for the possession of controlled substances, and fund adequate treatment options. • Clarify that officers can engage in vehicular pursuits when appropriate. TRANSPORTATION: The City requests that the state make the following investments: • Funding to preserve and maintain the local transportation system • $3 million for the Road 76 Overcrossing Project • $8 million for the Broadmoor Bike/Ped Crossing over I-182 • $1.5 million for State Route 12 Safety Improvements • $2 million for a feasibility study to allow access to I-182 from Hwy 395 to Argent • Fully fund grant programs, such as the WSDOT Bike/Ped Program, that will allow the City to receive grant funds for eligible projects such as the Sylvester Street Overpass. Contact: City Manager (509) 545-3404 citymanager@ pasco-wa.gov www.pasco- wa.gov Page 34 of 197 FINANCE/GENERAL GOVERNMENT State-Shared Revenues Pasco supports preserving and enhancing state-shared revenue streams. Local Control Pasco opposes any proposals that restrict, mandate, or otherwise interfere with the city’s ability to make local decisions. Election of Judges Pasco opposes legislation mandating that part-time municipal court judges be elected rather than appointed. Labor Reform Pasco opposes legislation that increases labor costs. Pet Adoption PRA Exemption Pasco supports legislation that would create an exemption from the Public Records Act the disclosure of pet adoption information. INFRASTRUCTURE & ECONOMIC DEVELOPMENT Complete Streets Funding Pasco supports increased funding for complete streets grants. Tri-Cities Mobility Pasco supports efforts to explore a third crossing over the Columbia River to improve regional mobility throughout the Tri-Cities. Lower Snake River Dams Pasco opposes the removal of dams along both the Columbia and Snake Rivers. Economic Development Tools Pasco supports economic development tools to spur development downtown and in key commercial corridors. Public Work Assistance Account Pasco supports increased funding to the Public Works Assistance Account to fund basic infrastructure like drinking and wastewater. LAND USE Growth Management Act Paco opposes any proposals that create new planning obligations within the Growth Management Act that are not coupled with adequate funding. Pasco DNR Property Pasco will continue working collaboratively with DNR to develop the commercially-zoned properties west of Road 68. Pasco is opposed to DNR buying land within the City’s UGA and asks that DNR divest itself of the undeveloped land it currently owns within the UGA. Annexation Pasco supports incentives that encourage annexation, including utilizing utility extensions, and mechanisms that facilitate the annexation of unincorporated islands. Water Rights Pasco supports legislation that increases the ability for cities to secure municipal water rights. The City of Pasco Supports/Opposes Page 35 of 197 AGENDA REPORT FOR: City Council September 27, 2022 TO: Adam Lincoln, Interim City Manager City Council Regular Meeting: 11/7/22 FROM: Steve Worley, Director Public Works SUBJECT: Resolution No. 4268 - Argent Road Phase 1 Project Acceptance I. REFERENCE(S): Resolution Presentation II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to approve Resolution No. 4268, accepting work performed by Culbert Construction, Inc under contract for the Argent Road Wid ening - Phase 1 (20th Ave to Saraceno Way) Project. III. FISCAL IMPACT: See below. IV. HISTORY AND FACTS BRIEF: Argent Road from North 20th Avenue to Saraceno Way The City of Pasco along with partners Columbia Basin Community College (CBC) and the Port of Pasco (Port) worked together to envision necessary improvements to the Argent Road corridor from Road 36 to 20th Avenue. This project is the first phase of three phases. Phase 1 extends along Argent Road corridor between 20th avenue and Saraceno Way/Varney Lane. Phase 2 involves traffic signal installation and other improvements at the intersection of Road 36, which is currently in construction, Phase 3, roadway wi dening and ped/bike improvements extending between Varney Ln and Road 36 is anticipated to be advertised for bids in the winter of 22/23, once right -of-way acquisition processes are completed. This contract involves traffic signal upgrades and modifications, ADA curb ramp upgrades, installation of countdown pedestrian signal heads, installation of Page 36 of 197 access management median curbing, installation of two pedestrian hybrid beacons, widening of a section of a roadway, and other work. The project bid was awarded on June 28, 2021, by Council to Culbert Construction, Inc. of Pasco, WA, in the amount of $1,995,935.77. The project is now complete and was constructed per project specifications. Final construction costs were $2,049,407.16. 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 October 24, 2022, Council Workshop meeting. Staff recommends City Council's acceptance of the project as constructed by the above-listed contractor. Page 37 of 197 Resolution – Argent Road Widening – Phase 1 Project Closeout - 1 RESOLUTION NO. ________ A RESOLUTION OF THE CITY OF PASCO, WASHINGTON, ACCEPTING WORK PERFORMED BY CULBERT CONSTRUCTION, INC. UNDER CONTRACT FOR THE ARGENT ROAD WIDENING – PHASE 1 (20TH AVE TO SARACENO WAY) PROJECT. WHEREAS, the work performed by Culbert Construction, Inc., under contract for the Argent Road Widening – Phase 1 (20th Ave to Saraceno Way) 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 Culbert Construction, Inc., under contract for the Argent Road Widening – Phase 1 (20th Ave to Saraceno Way) 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 November, 2022. Blanche Barajas Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorneys Page 38 of 197 Pasco City Council Workshop Meeting October 24, 2022Page 39 of 197 Argent Road Widening, Phase 1 Project #12-001 Construction Contract Awarded to: •Culbert Construction, Inc. •$1,995,935.77 Final Construction Cost: •$2,049,407.16 Change Order(s): •#1 –Utility Conflicts, Pavement Marking Removal and Associated Additional Work $24,008.33Page 40 of 197 Argent Road Widening, Phase 1 Before Page 41 of 197 Argent Road Widening, Phase 1 In Progress Page 42 of 197 Argent Rd Widening, Phase 1 In Progress Page 43 of 197 Argent Rd Widening, Phase 1 In Progress Page 44 of 197 Argent Rd Widening, Phase 1 In Progress Page 45 of 197 Argent Road Widening, Phase 1 Complete Page 46 of 197 Argent Road Widening, Phase 1 Completed Page 47 of 197 Questions?Page 48 of 197 AGENDA REPORT FOR: City Council October 25, 2022 TO: Adam Lincoln, Interim City Manager City Council Regular Meeting: 11/7/22 FROM: Adam Lincoln, City Manager Executive SUBJECT: Approve Tri-City Regional Hotel/Motel Commission 2023 Marketing Plan & Budget I. REFERENCE(S): 2023 Marketing Plan & Budget PowerPoint Presentation II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to approve the Tri-City Regional Hotel/Motel Commission 2023 Marketing Plan and Operating Budget for the Tourism Promotion Area in the total amount of $$2,050,000, with City of Pasco share of $430,500. III. FISCAL IMPACT: Total TCRHMC 2023 budget of $2,050,000 with City of Pasco share of $430,500 from room rental assessment. IV. HISTORY AND FACTS BRIEF: Visit Tri-Cities provides services to the City of Pasco for promotion, attraction and encouraging tourist expansion, and has done so for as far back as 1972. Visit Tri-Cities administers the operation of what is known as the Tri-City Regional Tourism Promotion Area (TPA), which was formed by an interlocal agreement (ILA) among the Cities of Pasco, Kennewick, and Richland in June 2004. The TPA administers the proceeds of a "per room night assessment" on hotels/motels in the Tri-Cities, imposed by the hotels themselves and Visit Tri- Cities oversees its marketing plan and operating budget. The TPA "assessment" is remitted by the hotels to the State. Washington State, in turn, distributes those funds to the city in which it was collected. Pasco City Page 49 of 197 Council's approval of the funds to the TPA are in accordance with an approved budget, which is a requirement. V. DISCUSSION: At the October 24, 2022 Council Workshop, Kim Shugart, Senior Vice President of Visit Tri-Cities presented the Visit Tri-Cities 2023 Mid-Year Report and then provided a brief overview of the proposed 2023 TPA Marketing Plan and Operating Budget as recommended by the Tri-City Regional Hotel/Motel Commission (TCRHMC). Visit-Tri Cities is seeking Council's approval of the 2023 TPA Marketing Plan and Operating Budget. Page 50 of 197 Tri-Cities Regional Hotel-Motel Commission 2023 BUDGET AND MARKETING PLAN Page 51 of 197 VISION Inspire wanderlust for a bold yet casual, geeky but cool, magical experience in wide-open spaces. MISSION We make the Tri-Cities bigger, bolder, brighter, better and more cool through tourism. 2 Page 52 of 197 Please Note: The attached document reflects only those programs and costs associated with Tourism Promotion Area (TPA) funding. Visit Tri-Cities manages many other aspects of tourism development, which are funded by hotel and lodging taxes and membership investment. Such programs include, Rivershore Enhancement, Media Outreach, Visitor Services and Member Development. Tourism Promotion Area Marketing Plan prepared by Visit Tri-Cities for: CITY OF KENNEWICK CITY OF PASCO CITY OF RICHLAND 3 Page 53 of 197 INTRODUCTION The Tri-City Hotel Motel Commission, established in 2004, was created through an interlocal agreement between the Cities of Kennewick, Pasco, and Richland. The agreement allows for the collection of a tourism promotion assessment, currently $3, for each night a guest stays in a hotel. The proceeds of the fees collected within the tourism promotion area are used to bolster efforts to increase tourism spending in the region. The assessment complements the two other sources of financial support for Visit Tri-Cities, hotel-motel lodging tax and membership dues. The interlocal agreement specifically outlines that the proceeds from the assessment are intended to supplement these funding sources, not replace, or become a substitute for them. The assessment was enacted by a vote of those businesses (hotels) that have the fees levied on their products and the model works well because the tourism marketing efforts are supported by a collaboration between the industry, the cities and individual member investors. In 2023 the proceeds from the tourism promotion assessment are projected to meet or exceed $2,050,000. The funds are used for advertising across multiple mediums: traditional print, television, digital, social and backyard marketing tactics. Staffing for marketing, convention and sports sales, media outreach and production are also covered by this source of revenue. Perhaps the most “popular” use of the proceeds is the Tourism Promotion Opportunity Fund, whereby groups are incented to book their events in the Tri-Cities and receive financial support based on the number of hotel rooms they require. Perhaps the only drawback of a tourism promotion assessment is that funding is directly tied to each and every (with a few exceptions) hotel room sold in the region, and the fluctuations in travel, even seasonality can make predicting, and therefore budgeting, tenuous. Take 2020 for example, when travel came to a startling halt in March and remained almost non-existent through the end of the year. The interruption to revenues generated by the assessment was swift and severe. Thankfully, Visit Tri-Cities went into this period with a healthy TPA Reserve Account, which underlines the importance of the need for a well-funded reserve balance and the ability to remain nimble to change directions quickly if required. The following pages outline the detailed plan for 2023. We are excited about the year ahead and the continued importance of the tourism economy to the Tri-Cities community. 4 Page 54 of 197 ACKNOWLEDGMENTS We greatly appreciate the time and dedication of our city partners and hoteliers who meet monthly to provide Visit Tri-Cities with support and direction on how to invest the proceeds from the tourism promotion assessments collected in Kennewick, Pasco, and Richland. TRI-CITY REGIONAL HOTEL-MOTEL COMMISSION KENNEWICK Mark Blotz, Clover Island Inn Nickolas Woody, Inn at Columbia Center Marie Mosley, Ex Officio, City of Kennewick PASCO Monica Hammerberg, Hampton Inn & Suites Pasco / Tri-Cities Jerry Beach, A1-Hospitality Dave Zabell, Ex Officio, City of Pasco RICHLAND Linda Hendricks, Hampton Inn Richland Lacey Stephens, Home2 Suites Jon Amundson, Ex Officio, City of Richland The Tourism Promotion Area is Managed by Visit Tri-Cities 5 Page 55 of 197 6 TABLE OF CONTENTS Introduction 4 Acknowledgments 5 Tourism Outlook 7-8 Competitive Situation Analysis 9-10 2023 Group Sales Initiatives 11 Meetings and Conventions 12-13 Sports and Tournaments 14-15 Tourism Development 16-17 DMO Funding Comparative 18-20 Visit Tri-Cities TPA Budget 21 Page 56 of 197 RevPAR Compared to 2019 -17%+6%+13% +18% NATIONAL OUTLOOK Occupancy ADR RevPAR 57.6% $125 $72 63.4% $145 $92 65.1% $150 $98 66.4% $155 $103 PROJECTED U.S. HOTEL KEY PERFORMANCE METRICS* 2021 Actual 2022 Forecast 2023 Forecast 2024 Forecast - 66.1% $131 $87 2019 Actual TOURISM 2023 7 The forecast for nationwide growth in the hospitality industry closely mirrors what the Tri-Cities has experienced in the last twelve months. Recently STR, widely recognized as the authority on tourism economics, upgraded the recovery timeline for U.S. hotel revenue per available room (RevPAR). The metric is now expected to surpass 2019 levels in 2022, according to the latest forecast presented in June at the 44th Annual NYU International Hospitality Industry Investment Conference. Both demand and occupancy have performed as expected in the previous forecast provided by STR, but “pricing continues to exceed expectations due to the influence of inflation as well as the economic fundamentals supporting increased guest spending,” said Amanda Hite, STR’s president. “This latest forecast acknowledges the risk of a light recession with no anticipation of mass layoffs and household finances in a strong position to mitigate recession impacts. The traveling public is less affected by recession, and right now, we are forecasting demand to reach historic levels in 2023 as business travel recovery has ramped up and joined the incredible demand from the leisure sector.” Of course, we must recognize that profitability has only started hitting 2019 levels recently due to concerns that persist around the cost of labor and services. The other important factor to consider is the popularity of home sharing and the use of products like Airbnb, HomeAway, Homestay and CouchSurfing. In 2014 revenues for this subset of the hospitality industry were $15 billion, in 2025 they are projected to reach $335 billion; and while these hospitality choices still allow for increased visitor spending in communities, the trends do indicate that there are changes to the visitor economy underway. In fact, 74% of millennials have used vacation rental housing for business travel, while only 20% of baby boomers have joined this trend. *STR May 2022 Forecast Page 57 of 197 8 LOCAL OUTLOOK The local hospitality market is not without challenges. Labor shortages and increased costs on goods and services have created havoc, just as tourism related businesses are striving to recover from pandemic induced travel bans and restrictions of public gatherings. This is not uncommon across the country, but in the Tri-Cities where Darigold is scheduled to open a new plant in the fall of 2023 requiring 1,000 workers, just on the heels of Amazon’s previously delayed project, now set to open in the spring of 2023, providing an additional 1,500 new jobs; finding staff to cover housekeeping, front desk and food service is a concern. However, the reduction of hotel room supply coupled with a strong demand created by business, leisure and sports travelers have created an enviable position for hoteliers. Through the first six months of 2022 the Tri-Cities, particularly Richland, is leading the state in occupancy rates, and ranks third in the state in percentage of RevPar growth to prior year. The Sports market is expected to remain a strong contributor to group business in 2023. The recent investments in facilities being made by each of the cities will allow for expansion of new markets. In Richland the 30-acre West Village Community Park includes eight pickleball courts, three multi-use fields, a softball field and a basketball court. Groundbreaking is anticipated for late Fall 2022. In Pasco, The A Street Sports Complex, will include 10 multi-use fields mostly for soccer, lacrosse, rugby, or ultimate Frisbee use. The first phase should be complete in the spring of 2023 with full build-out in 2025. And in Kennewick, the city is investing $1.3 million to add 15 new pickleball courts to Lawrence Scott Park. Convention group business is and will be a little slower to return to pre-pandemic levels. Although people’s desire to meet face to face continues to be a basic human need, the logistics of conventions and corporate meetings have been forever changed. Technology allows for productive exchange of information and is cheaper and more efficient than traveling to a multi-day conference. Conferences and events will continue to take place, but the size will be reduced, and delegates may take fewer trips as hybrid solutions are offered. The competition to host conventions is fierce and many communities have invested in new or increased the offerings at public meeting facilities. 2022 PERFORMANCE JANUARY - JUNE* OCC ADR RevPar RevPar vs Prior Year SEATTLE SPOKANE TACOMA TRI-CITIES VANCOUVER YAKIMA 60.6% 60.3% 58.5% 65.7% 66.8% 54.5% $176 $133 $122 $110 $121 $104 $72.09 $80.41 $71.14 $72.09 $81.22 $56.71 +145% +56.5% +40% +52% +30.4% +31% *STR June 2022 Destination Report Page 58 of 197 COMPETITIVE SITUATION ANALYSIS In order to promote the Tri-Cities as a preferred destination for group, business and leisure travelers, it is important to recognize both the strengths and challenges within our community and to set sales strategies accordingly. CONVENTION AND SPORTS Destination Strengths • Variety of hotels and brands • Positive relationship between Visit Tri-Cities, hotels and meeting venues • Three Rivers Convention Center and HAPO Center • Unique offsite event venues (i.e., wineries, museums, etc.) • Ample complimentary parking available • Sports facility infrastructure • Strong Sports Council • Opportunity funds available • Amenities and attractions that appeal to convention groups (i.e., wine experiences, outdoor recreation, etc.) • Centrally located in the Pacific Northwest and favorable weather conditions Destination Challenges • Lack of hotels capable of 150+ room block • Lack of resort-style hotels with ample meeting space • Meeting venues with larger meeting space in competing locations • Limited number of meeting rooms and exhibit space available under one roof • Number of hotel rooms within walking distance of Convention Center/large facilities • The number of hotel rooms available to groups due to hotels converting to apartments • Competing locations have expanded or have plans to expand their Convention Centers • Lack of sports officials • Lack of family friendly attractions pending the opening of the Pasco Aquatics Center • Competing locations have newly developed indoor/outdoor multi-use sports facilities with state-of-the-art amenities • Distance from I-5 corridor vs. competition LEISURE TRAVEL Destination Strengths • Heart of Washington Wine Country • Water2Wine Cruise • Agritourism assets: farmers’ markets and festivals • Development of wine assets such as Columbia Gardens • Addition of new public market, Public Market at Columbia River Warehouse • Popularity of outdoor recreation/wide open spaces • Trail systems • Weather • Water recreation • STEM tourism assets • Travel writer outreach • Easy three hour drive from I-5 corridor destinations • Consumer sentiments about driving vs flying for travel Destination Challenges • Weak reputation as a wine destination vs Walla Walla or Woodinville • Seasonal demand • Mountain & snow winter driving from key drive markets • Perceived lack of family activities • Heavy weekend traffic on I-90 • Price of airfare/inconvenience of air travel • No centralized downtown area • Lingering travel safety concerns due to COVID 9 Page 59 of 197 COMPETITIVE SITUATION ANALYSIS BUSINESS TRAVEL Destination Strengths • Less price sensitive for airfare and hotels • Mid-week demand complements weekend and convention groups • Recently expanded Tri-Cities Airport • Direct flights from Denver, Salt Lake City, Seattle, Mesa/Phoenix, San Francisco, Minneapolis and Burbank Destination Challenges • Destination choice not influenced by sales and marketing efforts • Mostly mid-week travel • Popularity of Zoom meetings, reducing in person meetings and travel • Business travel reductions due to Covid-19 • Very dependent on Hanford business trends CONVENTION BOOKINGS CONVENTIONS CANCELLED DUE TO COVID SPORTS BOOKINGS GUESTROOM PRODUCTIVITY SPORTS CANCELLATIONS TOTAL 18,953 -25,978 10,057 2020 ACTUAL -23,765 -20,733 8,997 -7,251 15,483 2021 ACTUAL -475 16,754 18,000 -805 20,000 2022 FORECAST 0 37,195* 20,000 0 25,000 2023 BUDGET 0 45,000* RFP PRODUCTIVITY QTR 1 QTR 2 QTR 3 QTR 4 TOTAL 23 22 36 2021 39 120 40 44 40* 2022 56* 180* 45* 52* 62* 2023 71* 230* LEADS ISSUED *Estimated Production 20,955 - 25,085 2019 ACTUAL - 46,040 60 18 18 2020 15 111 40 64 74 2019 87 265 10 Page 60 of 197 QUARTER 4QUARTER 3QUARTER 2 2023 GROUP SALES INITIATIVES JANUARY - MARCH • Host Sports Planner Customer Event in Portland • Launch ad campaign on PlayEasy • Customer Event in Olympia • Olympia Sales Blitz • Establish quarterly meeting planner e-newsletter, similar to Your Weekend Starts Here • MPI Cascadia Conference • Launch digital ads targeting MPI attendees • Launch meeting planner incentive package APRIL - JUNE • Customer Event at ETA Event Symposium • E-Sports Conference • Washington Society of Association Executives Convention • Society of Government Meeting Planners event • Ad campaign targeting WSAE Members • Launch first time sports event incentive JULY - SEPTEMBER • Sports Relationship Conference • Publish Sports Facilities Map • Host Customer Event for Tri-Cities Sports Council • Convention and corporate sales mission to Seattle/Greater Puget Sound Region • Host Super FAM event for meeting planners OCTOBER - DECEMBER • TEAMS Conference • US Sports Conference • Launch digital ads targeted at TEAMS and US Sports Congress attendees • Direct mail “Remember Tri-Cities” gift • Olympia Sales Blitz QUARTER 1 11 Page 61 of 197 MEETINGS & CONVENTIONS 2023 ACTIONS SALES BLITZES Develop two separate multi-day sales blitzes in Spring (Olympia) and Fall (location to be determined). CUSTOMER EVENTS Organize meeting planner customer luncheon in the spring to promote the Tri-Cities as a destination. Event to be held in conjunction with Spring Sales Blitz. MEETING PLANNER FAM TOURS Host qualified meeting planners for individual and group, customized FAM tours. RELATIONSHIPS Continue staff attendance at Washington Society of Association Executives (WSAE) and Meeting Professionals International (MPI) Washington Chapter and Professional Convention Management Association (PCMA) monthly/quarterly meetings to strengthen relationships with key meeting planners. Staff will continue to serve on the WSAE Convention Planning committee. Staff will continue to serve on industry boards and committees such as WSAE, WTA and SGMP. Renew Diamond Level enhanced listing with Cvent. ADVERTISING Digital campaigns of industry tradeshows and site campaigns of meeting professionals by geographic location. MEETING INCENTIVES Utilize the opportunity fund specifically to offset costs for new group business and groups that block more than 300 rooms per night city-wide. Create meeting planner incentives and develop a “deals” page outlining any hotel sponsored incentives. REGIONAL/STATE/NATIONAL CONFERENCES AND TRADESHOWS Attend Washington Society of Association Executives (WSAE) and Meeting Professionals International (MPI) Cascadia Annual Conferences. Participate in additional sponsorship opportunities at each of these events for increased exposure. SKYNAV AND KUULA Convention sales department will leverage the SkyNAV and Kuula platforms to promote Tri-Cities and meeting venues to convention professionals. The interactive tour highlights points of interest with image galleries, videos and information to assist meeting planners in selecting the Tri-Cities for their events. The tour link will be included with all electronic proposal packets, digital Meeting Planner Guide as well as communications to meeting groups. 20,000 GUEST ROOMS BOOKED $5,250,000 ESTIMATED ECONOMIC IMPACT $2,600,000 ESTIMATED DIRECT HOTEL SPENDING 12 Page 62 of 197 CONVENTION SALES PROGRAM TOTAL: $73,569 ADVERTISING • MPI site retargeting campaign: $8,450 (Jan) • Cvent Diamond Listing: $9,700 (Sept) • Digital targeting campaigns of industry tradeshows: $6,000 ($500 per month) • Cvent retargeting campaigns: $12,000 (April) Total: $36,150 TRAVEL • Mileage for site inspections when VTC mobile is not available: $480 ($40 per month) • Washington Society of Association Executives, attend one association meeting: $500 (Oct) • Meeting Planners International Annual Convention: $600 (March) (hotels and meals) • Olympia Spring Sales Blitz: $2,500 (March) ($500 per staff x 5) • Fall Sales Blitz: $2,000 (Oct) ($500 per staff x 4) • WSAE Convention: $800 (June) (hotels, meals, travel at $400 per staff x 2) • Continuing education courses: $8,000 (March and July) (hotels, meals, flight at $2,000 per session per staff member x 4) • Society of Government Meeting Professionals Winter Workshop: $300 (Feb) (hotel, meals, travel) Total: $15,180 TRADE SHOWS • Meeting Planners International (MPI) registration for hosted buyer program: $1,100 (Jan) • MPI Conference Sponsorship: $1,000 (Feb) • Washington Society of Association Executives Conference Registration: $450 (May) • WSAE Conference Sponsorship: $1,775 (May) • National trade show targeted at meeting planners, travel media and travel advisors: $1,000 (March) Total: $5,325 STAFF DEVELOPMENT • CE training courses: $4,000 (Feb, March, July) ($1,000 registration per staff x 4) Total: $4,000 PROMO ITEMS • Amenities: $800 (Feb, Aug) • Logo’d items: $700 (Feb, Aug) Total: $1,500 DUES AND SUBSCRIPTIONS • WSAE Sapphire Level Sponsorship: $2,550 (Jan) • WSAE dues: $690 (June) ($345 per staff x 2) • Meeting Planners International: $495 (Dec) • Society of Government Meeting Professionals: $400 (April) • Professional Conference Management Association: $485 (Nov) • National Tour Association: $700 (Feb) • Religious Conference Management Association Dues : $195 (July) • Military Reunion Network: $699 (May) • DI MINT subscription: $5,200 (Jan) Total: $11,414 ADVERTISING 49% TRAVEL 21% TRADE SHOWS 7% STAFF DEVELOPMENT 5%PROMO ITEMS 2%DUES AND SUBSCRIPTIONS 16% 13 Page 63 of 197 3 SPORTS AND TOURNAMENTS 25,000 GUEST ROOMS BOOKED $7,187,500 ESTIMATED ECONOMIC IMPACT $3,125,000 ESTIMATED DIRECT HOTEL SPENDING 2023 ACTIONS SPORTS COUNCIL Organize and administer activities for the Tri-Cities Sports Council. ADVERTISING Place print and digital advertising as appropriate in publications such as: Sports Events, Sports Destination Management and Sports Planning Guide. SALES BLITZ Conduct sales calls in the Portland or Seattle metropolitan areas in February. PROMOTE RESOURCES Update the sports facilities guide, provide e-version and QR code links for consumer access. VIRTUAL TOURS SkyNav and Kuula tour links will be promoted in our communications to sports groups. SkyNav and Kuula allows tournament directors to experience the Tri-Cities virtually and the ability to see first-hand the venues, amenities, attractions and accommodations that would be available to their teams. The interactive tours highlight points of interest with image galleries, videos and information to aid tournament directors in understanding the advantages of selecting the Tri-Cities. OPPORTUNITY FUND Utilize the opportunity fund specifically to offset tournament costs for groups that block more than 300 rooms per night city-wide. TRADESHOWS Promote the Tri-Cities as a premier sports destination at National Tradeshow Events such as TEAMS, S.P.O.R.T.S. Relationship, US Sports Congress and Sports ETA. CUSTOMER EVENTS Sponsor event at annual national sports tradeshows, such as TEAMS and Sports ETA Symposium. In addition, host customer event luncheon in conjunction with the Sales Blitz in February. BIDDING FEES Bid on new regional/national level tournaments that demand bidding fees to host events. NEW BUSINESS With the addition of new pickleball courts in the Tri-Cities, staff will continue to research and focus on pursuing major pickleball tournaments. 14 Page 64 of 197 SPORTS PROGRAM TOTAL: $96,670 ADVERTISING • Miscellaneous ads to support tournaments: $925 (Jan: $100, March: $150, May: $325, Nov: $200, Dec: $150) • Sports Events Magazine featured listing: $1,000 (Dec) • Sports Planning Guide site inspection feature: $2,000 (July) • Playeasy platform destination spotlight: $3,250 • Printed Sports Facilities Map: $600 (Jun) Total: $7,775 BIDDING FEES • USTA Tennis Championships: $5,000 (Aug) • National Association of Intercollegiate Athletics, Softball Opening Rounds: $5,000 (May) • B.A.S.S. Nation: $15,000 (July) Total: $25,000 TRAVEL • Sports ETA Symposium: $2,840 (May) ($1,420 per staff x 2; hotel: $180 x 4 = $720, airfare: $575, meals: $125) • TEAMS Conference: $3,490 (Oct) ($1,745 per staff x 2; hotel: $180 x 4 = $720, airfare: $875, meals: $150) • S.P.O.R.T.S - Relationship Conference: $1,745 (Sept) (hotel: $180 x 4 = $720, airfare: $875, meals: $150) • US Sports Congress: $1,800 (Dec) (hotel: $950, airfare: $700, meals: $150) • EsportsTravel Summit: $1,490 (June) (hotel: $180 x 3 = $540, airfare: $800, meals: $150) • Sports Sales Blitz/Customer Event: $1,120 ($560 per staff x 2; hotel $180 x 2 = $360, meals: $125, fuel: $75) • Staff development, continuing education travel: $4,000 (May, July) ($2,000 per staff x 2) • Mileage for site inspections when VTC mobile is not available: $300 Total: $16,785 TRADE SHOWS • TEAMS Conference: $12,750 (Feb) (two staff members: $2,750, TEAMS Conference sponsorship: $10,000) • EsportsTravel Summit registration: $3,000 (Feb) • S.P.O.R.T.S Relationship Conference: $6,025 (March) (registration: $1,500, sponsorship: $4,525) • Sports ETA Symposium: $12,790 (Dec) (registration for two staff members: $2,790, sponsorship: $10,000) • US Sports Congress registration: $3,150 (April) Total: $37,715 STAFF DEVELOPMENT • Continuing Education Training Courses: $2,000 (May and July) ($1,000 registration per staff x 2) Total: $2,000 PROMO ITEMS • Sports Amenities: $1,200 (April: $600 and Sept: $600) Total: $1,200 DUES AND SUBSCRIPTIONS • Sports ETA Membership: $1,195 (Dec.) Total: $1,195 PLATFORM FEES • Playeasy Digital Platform: $5,000 (March) Total: $5,000 BIDDING FEES 26% TRAVEL 17% TRADE SHOWS 39% STAFF DEVELOPMENT 2% PROMO ITEMS 1% DUES AND SUBSCRIPTIONS 7% ADVERTISING 8%PLATFORM FEES 5% 15 Page 65 of 197 TOURISM DEVELOPMENT 2023 ACTIONS WEBSITE The Visit Tri-Cities website, VisitTri-Cities.com, is the foundation of the organization’s marketing efforts as all campaigns “call to action” direct users to the website. The website has been redesigned and augmented with new technology, such as an itinerary builder and Crowdriff (user generated content platform) and SkyNav (virtual 360 tour) to enhance the visitor experience. Website content is continually optimized to ensure a first-rate visitor experience when trip planning. PROMOTE THE DESTINATION Promote increased leisure travel through development of a cohesive year-long campaign targeting wine aficionados, foodies, golfers, outdoor adventurers, multi-generational families and STEM enthusiasts. The campaigns will be geographically focused on metropolitan areas that are within a 300-mile radius of the Tri-Cities, primarily the Puget Sound and Greater Spokane. TRAVEL TRADE SHOWS Target wine enthusiasts at consumer-focused wine and food events such as Taste Washington to increase destination awareness as a world-class wine region. MATERIALS Develop compelling marketing materials including, but not limited to, Official Tri-Cities Visitor Guide and wine map. Publications will be available online as many visitors access information digitally, and consumers are increasingly aware of environmental impacts and concerns of public health. Additionally, digital publications may be updated at-will, which benefits the visitor as well as tourism-based businesses and attractions. ADVERTISE Digital and social media advertising are the primary marketing tactics, with complementing print and broadcast advertising campaigns. The advertising budget calls for a flexibility in target not only seasonal needs but to reach a targeted audience that is most likely to visit the Tri-Cities. SOCIAL MEDIA Social media are ever evolving marketing tools that can be used to connect and engage potential visitors. Visit Tri-Cities will promote the destination through Tri-Cities, WA (30,968 followers) on Facebook, as well as through Instagram and Twitter. In 2023 we will increase social content with compelling photos and video, and engage with popular platforms (e.g. TikTok) to boost engagement. 16 TECHNOLOGY We will continue to lead the industry in technology and improve visitor experience by investing in programs and platforms: • TrueOmni Digital Kiosks (touchscreen information centers with itinerary builders) • Bandwango (visitor passes and packages) • SkyNav (virtual 360 tours of community attractions) • Kuula (virtual site inspections for meeting and sports facilities) TRI-CITIES WINE TOURISM COUNCIL Visit Tri-Cities staff provides management and leadership for the Tri-Cities Wine Tourism Council, which works on marketing projects designed to increase wine tourism. PACKAGES Work with member hotels to showcase their existing packages to travel media and on the Visit Tri-Cities website. SEGMENTED CONSUMER NEWSLETTERS User generated content on the website and social media channels will be supplemented seasonal consumer newsletters targeted to interest groups (outdoor recreation, wine, science) to compel readers to plan leisure travel to the region. TRI-IDEAS Visit Tri-Cities will continue to highlight, share and celebrate the diversity of the Tri-Cities that can be experienced through travel and tourism activities. Page 66 of 197 TOURISM DEVELOPMENT TOTAL: $501,810 ADVERTISING • WTA State Official Visitor Guide: $7,500 (Nov) • Cohesive multi-channel campaign to include a mix of broadcast television, digital and social ads targeting leisure travelers in the geographic markets of the Puget Sound Region and Greater Spokane throughout 2023: $400,000 ($47,000 Jan/Feb/March, $165,000 Apr/May/June, $145,000 July/Aug/Sept, $43,000 Oct/Nov/Dec) Total: $407,500 TRAVEL • Tri-Cities Wine Tourism Council: $1,200 (Mar, Sept) ($600 each show for 1 staff member) • Continuing education courses: $10,000 (Mar, May, and Sept) (hotel, meals and travel at $2,000 per session per staff member x 5) • Spokane Golf & Travel Show: $1,400 (Feb) ($700 per staff member for hotel, meals and travel x 2) Total: $12,600 TRADE SHOWS • Spokane Golf & Travel Show exhibit fees: $1,300 (Oct) • Taste Washington is expected to return in 2023 Total: $1,300 WEBSITE/INTERNET MARKETING • Invest in Search Engine Optimization for new website: SEO Package: $36,000 (Jan, April, July, Oct) ($9,000 a quarter) Total: $36,000 COMPUTER LICENSING FEE: • Website Hosting Fee: $25,000 (March, June, Sept, Dec)($6,250 a quarter) • iDSS: $9,000 (March, June, Sept, Dec) ($2,250 per quarter) • Blue Buzzard: $1,560 ($130 monthly) Total: $35,560 STAFF DEVELOPMENT • Continuing Education Training Courses: $5,000 (March, May, July, Sept) ($1,000 registration per staff member x 5) Total: $5,000 PROMO ITEMS • Registration Bags: $1,450 (Feb) • Logo’d Swag: $2,400 (April, Aug) Total: $3,850 17 ADVERTISING 81% TRAVEL 3%TRADE SHOWS 0.3% 7% COMPUTER LICENSING 7% STAFF DEVELOPMENT 1% PROMO ITEMS 0.8% WEBSITE/INTERNET MARKETING Page 67 of 197 OVERALL BUDGET YAKIMA VALLEY DESTINATION MARKETING ORGANIZATION (DMO) FUNDING COMPARATIVE The following chart provides historical look at a total budget comparative (including Hotel Motel Tax, Membership Investments and Tourism Promotion Assessment) in key competitive markets. $18,000,000 $12,000,000 $6,000,000 $0 HOTEL-MOTEL TAX INVESTMENTS The following chart provides historical look at hotel-motel tax investments in key competitive markets. $3,000,000 $2,250,000 $1,500,000 $750,000 $0 $17,515,652 $6,538,482 $3,591,000 $1,800,000 $1,200,000 SEATTLE SPOKANE SEATTLE SOUTHSIDE TRI-CITIES $3,470,000 YAKIMA VALLEY VANCOUVER WALLA WALLA $0 SEATTLE SPOKANE SEATTLE SOUTHSIDE TRI-CITIES TACOMA VANCOUVER WALLA WALLA $2,326,474 $0 $1,800,000 $724,000 $700,000 $800,000 18 $3,600,000 TACOMA $3,041,133 $685,233 Page 68 of 197 YAKIMA VALLEY DESTINATION MARKETING ORGANIZATION (DMO) FUNDING COMPARATIVE TPA BUDGET The following chart provides historical look at a tourism promotion assessments in key competitive markets. $10,000,000 $7,500,000 $5,000,000 $2,500,000 $0 $8,753,619 $2,194,438 $3,578,4000 $2,050,000 $1,500,000 $1,650,000 1,100,000 $400,000 SEATTLE SPOKANE SEATTLE SOUTHSIDE TRI-CITIES TACOMA VANCOUVER WALLA WALLA 19 Page 69 of 197 DESTINATION MARKETING ORGANIZATION (DMO) FUNDING COMPARATIVE APPENDIX Visit Seattle $17,515,652 14,565 $1,203 Visit Spokane & Sports Commission $6,538,482 7,169 $912 Seattle Southside Tourism Authority $3,591,000 9,394 $382 Visit Tri-Cities $3,041,133 3,670 $829 Travel Tacoma $3,600,000 7,000 $514 Yakima Valley Tourism $3,470,000 3,063 $1,133 Visit Vancouver USA $1,800,000 3,332 $540 Walla Walla Tourism $1,200,000 987 $1,216 COMPETING CITY DMO BUDGET NUMBER OF HOTEL ROOMS $ SPENT PER ROOM The following chart provides historical look at a total budget comparative (including Hotel-Motel Tax, Membership Investments and Tourism Promotion Assessment) in key competitive markets. The following chart provides historical look at hotel-motel tax investments in key competitive markets. Visit Seattle $0 14,565 $0 Visit Spokane & Sports Commission $2,326,474 7,169 $325 Seattle Southside Travel Authority $0 9,394 $0 Visit Tri-Cities $685,233 3,670 $187 Travel Tacoma $1,800,000 7,000 $257 Yakima Valley Tourism $724,000 3,063 $236 Visit Vancouver USA $700,000 3,332 $210 Walla Walla Tourism $800,000 752 $1,064 COMPETING CITY HOTEL-MOTEL TAX NUMBER OF HOTEL ROOMS $ SPENT PER ROOM The following chart provides historical look at a tourism promotion assessments in key competitive markets. Visit Seattle $8,753,619 14,545 $601 Visit Spokane & Sports Commission $2,194,438 7,169 $306 Seattle Southside Tourism Authority $3,578,400 9,394 $381 Visit Tri-Cities $2,050,000 3,670 $559 Travel Tacoma $1,500,000 7,000 $214 Yakima Valley Tourism $1,650,000 1,858 $888 Visit Vancouver USA $1,100,000 3,332 $330 Walla Walla Tourism $400,000 752 $532 COMPETING CITY TPA NUMBER OF HOTEL ROOMS $ SPENT PER ROOM VISIT TRI-CITIES 2022 TPA BUDGET 20 Page 70 of 197 5010 Salaries $696,526.00 $682,444 $774,811 78,285 $92,367 5012 401k $33,527.00 $24,826 $38,741 5,214 $13,915 5015 Health Insurance $101,558.00 $102,481 $137,688 36,130 $35,207 5030 Payroll Taxes $58,508.00 $62,441 $75,157 16,649 $12,716 5035 Accounting Services $24,747.00 $24,744 $24,747 0 $3 5050 Telephone & Toll free $7,500.00 $6,844 $7,000 -500 $156 5060 Office Expense $9,000.00 $9,141 $9,000 0 $(141) 5070 Office Insurance $6,000.00 $5,198 $6,000 0 $802 5080 Postage $4,000.00 $2,861 $3,000 -1,000 $139 5090 Equipment Upkeep $22,000.00 $19,399 $20,000 -2,000 $601 5092 Visit Mobile $3,660.00 $3,048 $3,600 -60 $552 5095 Capital Expenditures $15,000.00 $15,628 $15,000 0 $(628) 5100 Office Rent $63,000.00 $41,390 $45,500 -17,500 $4,110 5105 Legal/Professional $2,500.00 $1,500 $2,500 0 $1,000 5110 Dues & Subscriptions $7,200.00 $7,090 $7,200 0 $110 5112 Platform Fees $58,500.00 $58,028 $61,000 2,500 $2,972 5115 Computer Licensing Fee $36,000.00 $35,187 $37,000 1,000 $1,813 5225 Website Maintenance $38,000.00 $37,672 $38,000 0 $328 5230 Training $10,000.00 $9,234 $11,000 1,000 $1,766 5290 Advertising/Marketing $440,988.00 $440,031 $512,056 71,068 $72,025 5300 Promo Items * $5,000.00 $4,542 $6,000 1,000 $1,458 5310 Bid Fees $25,000.00 $25,000 $25,000 0 $- 5315 Travel $37,200.00 $24,290 $25,000 -12,200 $710 5317 Trade Shows $46,500.00 $37,610 $45,000 -1,500 $7,390 5500 Opportunity Fund $120,000.00 $111,775 $120,000 0 $8,225 Total Expenses $1,871,914 $1,792,404 $2,050,000 DESTINATION MARKETING ORGANIZATION (DMO) FUNDING COMPARATIVE VISIT TRI-CITIES 2022 TPA BUDGET City of Kennewick $804,923 $906,045 $881,500 76,577 $(24,545) City of Richland $692,608 $723,471 $738,000 45,392 $14,529 City of Pasco $374,383 $421,599 $430,500 56,117 $8,901 1000 Total Revenues: $1,871,914 $2,051,115 $2,050,000 178,086 $(1,115) REVENUE 2022 BUDGET 2022 FORECAST 2023 PROJECTED BUDGET VARIANCE TO 2022 BUDGET VARIANCE TO 2022 F/C EXPENSES 2021 BUDGET 2021 FORECAST 2022 PROJECTED BUDGET VARIANCE TO 2022 BUDGET VARIANCE TO 2022 F/C APPENDIX21 Page 71 of 197 7130 W. Grandridge Blvd., Ste. B Kennewick, WA 99336 (509) 735-8486 | (800) 254-5824 VisitTri-Cities.com Page 72 of 197 Page 73 of 197 ITEMS FOR DISCUSSION Visit Tri-Cities Mid-Year Report Tourism Promotion Area Programs TPA Budget Page 74 of 197 Page 75 of 197 Page 76 of 197 Page 77 of 197 Page 78 of 197 Page 79 of 197 Page 80 of 197 Page 81 of 197 TOURISM PROMOTION ASSESSMENTS SUPPORT:Convention, Sports and Group Marketing Digital Advertising Social Media Advertising Broadcast Advertising Wine Country, STEM, and Outdoor Recreation Website Regional and National Trade Shows Opportunity Fund Grants Regional Collaborative Projects Page 82 of 197 TRI-CITY REGIONAL HOTEL-MOTEL COMMISSIONCITY OF KENNEWICK Mark Blotz, Clover Island Inn Nickolas Woody, Inn at Columbia Center Marie Mosley, Ex Officio, City of Kennewick CITY OF PASCO Monica Hammerberg, Hampton Inn & Suites Pasco / Tri-Cities Jerry Beach, A-1 Hospitality Dave Zabell, Ex Officio, City of Pasco CITY OF RICHLAND Lacey Stephens, Home2 Suites by Hilton Linda Hendricks, Hampton Inn Richland Jon Amundson, Ex Officio, City of RichlandPage 83 of 197 Page 84 of 197 Page 85 of 197 Page 86 of 197 Page 87 of 197 Page 88 of 197 Page 89 of 197 Page 90 of 197 AGENDA REPORT FOR: City Council November 1, 2022 TO: Adam Lincoln, Interim City Manager City Council Regular Meeting: 11/7/22 FROM: Debra Barham, City Clerk Administrative & Community Services SUBJECT: Historic Preservation Commission Reappointment of Devi Tate I. REFERENCE(S): Resolution No. 4262 Candidate Application - Council only II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to confirm the Mayor's reappointment of Devi Tate to Position No. 5 on the Historic Preservation Commission with a term expiring on August 1, 2025. III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: The Historic Preservation Commission is composed of five members; terms are for three years. The board meets the second Wednesday of each month. The Historic Preservation Commission identifies and actively encourages the conservation of Pasco’s historic resources by reviewing National Register properties applying for Special Tax Valuation, raises community awareness of Pasco’s history and historic resources, and serves as the City of Pasco’s primary resource in matters of history, historic planning and preservation. Position No. 5, currently held by Devi Tate expired on August 1, 2022; however, she has continued to serve on this commission during the interim period. As outlined in Resolution No. 4262, the Council subcommittee, consisting of Mayor Barajas, Mayor Pro Tem Maloney and Councilmember Campos) met and Page 91 of 197 reviewed Ms. Tate's application concurred that Ms. Tate was a valued member of the Historic Preservation Commission and she was not required to be interviewed for this reappoint. V. DISCUSSION: Mayor Barajas requests Council's concurrence in her reappointment of Devi Tate to the Historic Preservation Commission. Page 92 of 197 RESOLUTION NO.4262 A RESOLUTION OF THE CITY OF PASCO, WASHINGTON AMENDING THE PROCESS FOR APPOINTMENTS TO CITY BOARDS AND COMMISSIONS. WHEREAS, the City of Pasco maintains several citizen boards and commissions to assist the delivery of municipal services,as well as to advise the City Council in making policy decisions; and WHEREAS, the appointment process prescribed throughout the Pasco Municipal Code requires the Mayor to appoint qualified individuals to vacancies on such boards or commissions, subject to confirmation of the City Council; and WHEREAS, the last amendment to the City's Boards and Commissions appointment process was passed by Council on April 16, 2012, through Resolution No. 3388; and WHEREAS, the solicitation process and management of the City's Boards and Commissions members was transferred from the City Manager's Office to the City Clerk's Office in January 2020; and WHEREAS, during the onset of the COVID-19 pandemic in early 2020, the process for reviewing application packets and interviewing candidates was modified to accommodate meeting restrictions, which also allowed far the use of new technology providing for the conduct of interviews virtually; and WHEREAS, the Mayor and City Council desire to continue reviewing City Boards and Commissions application packets and interviewing candidates through a Council subcommittee consisting of two Councilmembers and the Mayor, which has been effective and efficient for both the City Council and applicants alike. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO,WASHINGTON: Section 1: Applications for vacancies on City Boards and Commissions shall be solicited by the City Clerk's Office on behalf of the City Council prior to when a position's term expires or when a vacancy occurs due to a resignation or removal of a member. Section 2: Application packets, of those candidates meeting the qualifications for the Board or Commission position(s), shall be reviewed by a Council subcommittee appointed by the Mayor,which shall include the Mayor and two Councilmembers. The Council subcommittee shall be ad-hoc and appointed when applications are received for a current vacancy or vacancies or for upcoming position term expirations. The Council subcommittee shall select those candidates it deems best suited for the respective Board/Commission but not more than three candidates for Resolution—BC Interview&Appointment Process- 1 Page 93 of 197 each vacancy to be filled. The Council subcommittee shall consider the following factors, including,but not limited to : a) Geographic representation b) Gender representation c) Ethnic representation d) Familial and financial relationships of board members e) Qualifications and expertise related to the subject matter of the respective Board or Commission Section 3: The Council subcommittee shall conduct the interviews of the selected candidates and may recommend reappointment of an incumbent applicant without interview if the incumbent has served not more than two consecutive terms since the last interview. At a City Council meeting following such interviews, an interviewed candidate shall be selected by the Mayor for appointment/reappointment to each vacant position. Any candidate selected by the Mayor shall be subject to confirmation vote by the City Council; a majority vote of the quorum present at such meeting shall be required to confirm the Mayor's appointments. Section 4: Any prior resolutions of the City Council in conflict with the provisions in this resolution shall be superseded by this resolution. Section 5: This Resolution shall take effect immediately. PASSED by the City Council of the City of Pasco, Washington this 24 day of October, 2022. Blan s Mayor ATTEST: APPROVED AS TO FORM: Debra Barham, CMC err Fer I aw, PLLC City Clerk City torneys Resolution—BC Interview&Appointment Process-2 Page 94 of 197 AGENDA REPORT FOR: City Council November 1, 2022 TO: Adam Lincoln, Interim City Manager City Council Regular Meeting: 11/7/22 FROM: Debra Barham, City Clerk Administrative & Community Services SUBJECT: Code Enforcement Board Appointment of Dwayne Speer and Reappointments of Duane Van Beek, James Rawlinson and Mary Gutierrez I. REFERENCE(S): Resolution No. 4262 Candidate Applications - Council only II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: tomove I Board Enforcement Code Barajas's confirm Mayor appointment of Dwayne Speer to Position No. 1 with a term from November 7, 2022, through January 1, 2025, and the reappointments of Duane Van Beek, James Rawlinson and Mary Gutierrez to Position Nos.3, 4, & 5 respectively, for four-year terms through January 1, 2026. III. FISCAL IMPACT: N/A IV. HISTORY AND FACTS BRIEF: The Code Enforcement Board (CEB) is composed of five members. The CEB meets the first Thursday of every month at 7:00 PM in the City Hall Council Chambers. The CEB holds hearings regarding alleged violation of the Pasco Municipal Code (PMC), particularly related to property maintenance standards. Code Board members typically serve 4-year terms. The CEB currently has one (1) vacancy due to a resignation and three (3) vacancies due to position term expirations. Page 95 of 197 A Council subcommittee, comprising of Mayor Barajas, Mayor Pro Tem Maloney, and Councilmember Campos, met to review the applications and interview the selected candidates. Per Council policy, board and commission incumbent applicants may be reappointed without interview by the City Council provided the incumbent has served not more than two consecutive terms since their last interview. Mr. Van Beek and Mr. Rawlinson may be reappointed without an interview. Ms. Gutierrez was required to be interviewed per policy. V. DISCUSSION: Following the conduct of interviews by the Council subcommittee on February 24, 2022, Mayor Barajas appointed Dwayne Speer to Position No. 1 and reappointed Duane Van Beek, James Rawlinson, and Mary Gutierrez to Position Nos. 3, 4, & 5 respectively on the Code Enforcement Board. Mayor Barajas requests Council's concurrence in her appointment and reappointments to the Code Enforcement Board. Page 96 of 197 RESOLUTION NO.4262 A RESOLUTION OF THE CITY OF PASCO, WASHINGTON AMENDING THE PROCESS FOR APPOINTMENTS TO CITY BOARDS AND COMMISSIONS. WHEREAS, the City of Pasco maintains several citizen boards and commissions to assist the delivery of municipal services,as well as to advise the City Council in making policy decisions; and WHEREAS, the appointment process prescribed throughout the Pasco Municipal Code requires the Mayor to appoint qualified individuals to vacancies on such boards or commissions, subject to confirmation of the City Council; and WHEREAS, the last amendment to the City's Boards and Commissions appointment process was passed by Council on April 16, 2012, through Resolution No. 3388; and WHEREAS, the solicitation process and management of the City's Boards and Commissions members was transferred from the City Manager's Office to the City Clerk's Office in January 2020; and WHEREAS, during the onset of the COVID-19 pandemic in early 2020, the process for reviewing application packets and interviewing candidates was modified to accommodate meeting restrictions, which also allowed far the use of new technology providing for the conduct of interviews virtually; and WHEREAS, the Mayor and City Council desire to continue reviewing City Boards and Commissions application packets and interviewing candidates through a Council subcommittee consisting of two Councilmembers and the Mayor, which has been effective and efficient for both the City Council and applicants alike. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO,WASHINGTON: Section 1: Applications for vacancies on City Boards and Commissions shall be solicited by the City Clerk's Office on behalf of the City Council prior to when a position's term expires or when a vacancy occurs due to a resignation or removal of a member. Section 2: Application packets, of those candidates meeting the qualifications for the Board or Commission position(s), shall be reviewed by a Council subcommittee appointed by the Mayor,which shall include the Mayor and two Councilmembers. The Council subcommittee shall be ad-hoc and appointed when applications are received for a current vacancy or vacancies or for upcoming position term expirations. The Council subcommittee shall select those candidates it deems best suited for the respective Board/Commission but not more than three candidates for Resolution—BC Interview&Appointment Process- 1 Page 97 of 197 each vacancy to be filled. The Council subcommittee shall consider the following factors, including,but not limited to : a) Geographic representation b) Gender representation c) Ethnic representation d) Familial and financial relationships of board members e) Qualifications and expertise related to the subject matter of the respective Board or Commission Section 3: The Council subcommittee shall conduct the interviews of the selected candidates and may recommend reappointment of an incumbent applicant without interview if the incumbent has served not more than two consecutive terms since the last interview. At a City Council meeting following such interviews, an interviewed candidate shall be selected by the Mayor for appointment/reappointment to each vacant position. Any candidate selected by the Mayor shall be subject to confirmation vote by the City Council; a majority vote of the quorum present at such meeting shall be required to confirm the Mayor's appointments. Section 4: Any prior resolutions of the City Council in conflict with the provisions in this resolution shall be superseded by this resolution. Section 5: This Resolution shall take effect immediately. PASSED by the City Council of the City of Pasco, Washington this 24 day of October, 2022. Blan s Mayor ATTEST: APPROVED AS TO FORM: Debra Barham, CMC err Fer I aw, PLLC City Clerk City torneys Resolution—BC Interview&Appointment Process-2 Page 98 of 197 AGENDA REPORT FOR: City Council November 3, 2022 TO: Adam Lincoln, Interim City Manager City Council Regular Meeting: 11/7/22 FROM: Debra Barham, City Clerk Administrative & Community Services SUBJECT: HAPO Center Advisory Board Appointment of Leo Perales I. REFERENCE(S): Resolution No. 4262 Candidate Application - Council Only II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to confirm the Mayor's appointment of Leo Perales to the HAPO Center Advisory Board with a term from November 7, 2022 through July 1, 2025. III. FISCAL IMPACT: N/A IV. HISTORY AND FACTS BRIEF: The City entered into an Interlocal Agreement with Franklin County in 1993 providing for the joint development of the TRAC Facility, now named the HAPO Center. The agreement provides for a HAPO Center Advisory Board, composed of seven members, to advise the County Commission regarding all aspects of the HAPO Center Facility (financial, operational, etc.). The advisory committee is to be composed of three members residing outside of Pasco but within Franklin County and appointed by the County Commissioners; three members residing within the City of Pasco and appointed by the City Council; a seventh member selected by mutual agreement of the six appointed Advisory Board members. The City representatives on the HAPO Center Advisory Board have historically been two Councilmembers and a Pasco citizen. Page 99 of 197 As outlined in Resolution No. 4262, the Council subcommittee, consisting of Mayor Barajas, Mayor Pro Tem Maloney and Councilmember Campos) met to review Mr. Perales's application. The Council subcommittee interviewed Mr. Perales on October 24, 2002, and after deliberations, Mayor Barajas determined Mr. Perales was an appropriate individual to serve on the HAPO Center Advisory Board. V. DISCUSSION: Mayor Barajas requests Council's concurrence in her appointment of Leo Perales to the HAPO Center Advisory Board effective November 7, 2022. Page 100 of 197 RESOLUTION NO.4262 A RESOLUTION OF THE CITY OF PASCO, WASHINGTON AMENDING THE PROCESS FOR APPOINTMENTS TO CITY BOARDS AND COMMISSIONS. WHEREAS, the City of Pasco maintains several citizen boards and commissions to assist the delivery of municipal services,as well as to advise the City Council in making policy decisions; and WHEREAS, the appointment process prescribed throughout the Pasco Municipal Code requires the Mayor to appoint qualified individuals to vacancies on such boards or commissions, subject to confirmation of the City Council; and WHEREAS, the last amendment to the City's Boards and Commissions appointment process was passed by Council on April 16, 2012, through Resolution No. 3388; and WHEREAS, the solicitation process and management of the City's Boards and Commissions members was transferred from the City Manager's Office to the City Clerk's Office in January 2020; and WHEREAS, during the onset of the COVID-19 pandemic in early 2020, the process for reviewing application packets and interviewing candidates was modified to accommodate meeting restrictions, which also allowed far the use of new technology providing for the conduct of interviews virtually; and WHEREAS, the Mayor and City Council desire to continue reviewing City Boards and Commissions application packets and interviewing candidates through a Council subcommittee consisting of two Councilmembers and the Mayor, which has been effective and efficient for both the City Council and applicants alike. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO,WASHINGTON: Section 1: Applications for vacancies on City Boards and Commissions shall be solicited by the City Clerk's Office on behalf of the City Council prior to when a position's term expires or when a vacancy occurs due to a resignation or removal of a member. Section 2: Application packets, of those candidates meeting the qualifications for the Board or Commission position(s), shall be reviewed by a Council subcommittee appointed by the Mayor,which shall include the Mayor and two Councilmembers. The Council subcommittee shall be ad-hoc and appointed when applications are received for a current vacancy or vacancies or for upcoming position term expirations. The Council subcommittee shall select those candidates it deems best suited for the respective Board/Commission but not more than three candidates for Resolution—BC Interview&Appointment Process- 1 Page 101 of 197 each vacancy to be filled. The Council subcommittee shall consider the following factors, including,but not limited to : a) Geographic representation b) Gender representation c) Ethnic representation d) Familial and financial relationships of board members e) Qualifications and expertise related to the subject matter of the respective Board or Commission Section 3: The Council subcommittee shall conduct the interviews of the selected candidates and may recommend reappointment of an incumbent applicant without interview if the incumbent has served not more than two consecutive terms since the last interview. At a City Council meeting following such interviews, an interviewed candidate shall be selected by the Mayor for appointment/reappointment to each vacant position. Any candidate selected by the Mayor shall be subject to confirmation vote by the City Council; a majority vote of the quorum present at such meeting shall be required to confirm the Mayor's appointments. Section 4: Any prior resolutions of the City Council in conflict with the provisions in this resolution shall be superseded by this resolution. Section 5: This Resolution shall take effect immediately. PASSED by the City Council of the City of Pasco, Washington this 24 day of October, 2022. Blan s Mayor ATTEST: APPROVED AS TO FORM: Debra Barham, CMC err Fer I aw, PLLC City Clerk City torneys Resolution—BC Interview&Appointment Process-2 Page 102 of 197 AGENDA REPORT FOR: City Council November 2, 2022 TO: Adam Lincoln, Interim City Manager City Council Regular Meeting: 11/7/22 FROM: Darcy Buckley, Director Finance SUBJECT: Public Hearing and Ordinances Nos. 4619 & 4620 - First Readings of 2023-2024 Operating & Capital Projects Budgets I. REFERENCE(S): Proposed 2023-2024 Biennial Budget - Draft Version - Council Received Only Proposed 2023-2024 Operating Budget Ordinance Proposed 2023-2024 Capital Projects Budget Ordinance II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: CONDUCT PUBLIC HEARING MOTION: I movefor the first reading of Ordinance No. 4619, for consideration of the City of Pasco Biennial Operating Budget for 2023 -2024, by title only. MOTION: I move for the first reading of Ordinance No. 4620, for consideration of the City of Pasco Biennial Capital Projects Budget for 2023 -2024, by title only. III. FISCAL IMPACT: $706,317,815 with fund balance IV. HISTORY AND FACTS BRIEF: The City Council was provided a comprehensive briefing of the 2023 -2024 Proposed Biennial Capital Projects and 2023-2024 and Proposed Biennial Budget Budget, along with associated policy issues at the October 3, 2022 and October 24, 2022 Council Workshops, respectively. Consistent with State statute, and in furtherance of Council's goals with respect to transparency and providing opportunities for community engagement and input, the scheduled public hearing is being held for comment on the recommended 2023-2024 Budgets. Page 103 of 197 A draft document was supplied to Council on November 2 for reference and to provide insight to the financial effect of the budgetary items. With approval, a finalized version will be completed and fully vetted for distribution. V. DISCUSSION: Since the Proposed Biennial Budget was presented on October 24, 2022, reconciliation of Capital Improvement Plan projects and potential carryovers was completed. This review resulted in a reduction in the proposed budget. A few projects that are reflected as 2023 projects in the Capital Improvement Plan have budgeted expenditure authority in the current 2021-2022 budget. Any unspent budget related to this project will be carried over as part of the carryover process at the beginning of 2023. Therefore, additional budget authority does not need to be requested as part of the 2023/2024 preliminary budget proposal. The effect of this reduction means that the expense budget for 2023-2024 has decreased to $600,330,509. There are two funds that are projected based on current biennial budget to have negative ending fund balances, Capital Improvement Fund (REET) and Equipment Operations & Maintenance - Government. There is a large project currently planned in the Capital Improvement Fund that has the potential to b e funding via a different source. If possible, the fund will be positively balanced. The Equipment Operations & Maintenance - Government Fund is in need of an analysis of rates. This analysis will occur in the biennium. Subject to the direction of Council, input from individual Councilmembers, or public input received during the hearing may impact the final budget. The second reading and adoption of 2023-2024 Budget Ordinances is scheduled for November 21, 2022. Page 104 of 197 Ordinance – 2023-2024 Operating Budget - 1 ORDINANCE NO. ____ AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON, APPROVING THE OPERATING BUDGET FOR THE 2023-2024 BIENNIUM. WHEREAS, subsequent to due notice and public hearing thereon, the City Council for the City of Pasco seeks to approve an operating budget for the 2023-2024 biennium. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON DO ORDAIN AS FOLLOWS: Section 1. The following budget containing the totals set forth for each fund for the 2023-2024 biennium is hereby adopted. OPERATING BUDGET FOR 2023-2024 Fund Budgeted Beginning Fund Balance Revenues & Resource Inflows Expenditures & Resource Outflows Budgeted Ending Fund Balance General Fund 28,595,133 179,585,702 189,884,556 18,296,279 Street 698,779 4,967,167 5,159,227 506,719 Arterial 1,591,202 1,246,749 1,537,491 1,300,460 I-182 Impact 2,484,511 1,149,881 2,230,094 1,404,298 Street Overlay 2,403,952 2,270,074 3,462,717 1,211,309 CDBG 548,369 2,743,200 2,073,658 1,217,911 Martin Luther King Center 18,018 344,600 275,728 86,890 Ambulance 5,745,545 25,705,282 25,011,609 6,439,218 ARPA 35,000 422,712 402,711 55,001 Cemetery 355,474 826,552 781,788 400,238 Boulevard Maintenance 2,269,483 150,605 241,604 2,178,484 Athletics 176,649 358,435 320,453 214,631 Golf course 145,810 200,000 232,964 112,846 Animal Shelter Operations 0 4,024,808 3,962,808 62,000 Senior Center 194,228 237,159 431,112 275 Multi Modal 397,694 421,401 224,539 594,556 School Impact 69,549 3,562,600 3,549,714 82,435 Pasco Marina (32,137) 61,332 29,195 0 Lodging 0 1,070,774 1,070,774 0 Litter Abatement 71,407 35,824 33,964 73,267 Revolving Abatement 852,828 750,115 1,044,937 558,006 TRAC 366,838 540,646 545,322 362,162 Park Development 1,372,180 1,130,250 1,201,748 1,300,682 Page 105 of 197 Ordinance – 2023-2024 Operating Budget - 2 Capital Improvement REET 1,851,650 9,303,320 11,665,505 (510,535) Economic Development 13,619,949 3,150,402 3,700,815 13,069,536 Stadium/Convention Center 1,426,943 66,381 1,271,937 221,387 Hotel/Motel Excise Tax 536,733 1,526,124 1,735,731 327,126 LID 0 167,986 167,986 0 General Capital Improvement 0 87,513,840 87,513,840 0 Utility Fund Total 31,129,135 218,865,288 228,096,209 21,898,214 Equipment O&M Govt (256,933) 4,436,152 5,297,522 (1,118,303) Equipment O&M Enterprise 0 384,400 378,400 6,000 Equipment Replacement Govt 15,205,716 3,817,529 2,909,860 16,113,385 Equipment Replacement Enterprise 5,544,038 1,699,533 940,296 6,303,275 Medical/Dental 4,009,192 12,499,640 12,434,652 4,074,180 Central Stores 13,012 0 1,000 12,012 Old Fire Pension 4,024,383 274,002 179,905 4,118,480 Old Fire OPEB 4,516,186 104,000 328,138 4,292,048 Cemetery Endowment 680,837 42,000 0 722,837 Total Fund Balance 130,661,353 575,656,465 600,330,509 105,987,309 Section 2. The City of Pasco’s 2023-2024 Operating Budget shall be in full force and effect on January 1, 2023. Section 3. This Ordinance shall take effect five (5) days after approval, passage and publication as required by law. PASSED by the City Council of the City of Pasco, Washington, this ___ day of ___________, 2022. _____________________________ Blanche Barajas Mayor ATTEST: APPROVED AS TO FORM: ______________________________ ________________________________ Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorneys Published: _____________________________ Page 106 of 197 Ordinance – 2023-2024 Capital Projects Budget - 1 ORDINANCE NO. ____ AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON APPROVING THE CAPITAL PROJECTS BUDGET FOR THE 2023-2024 BIENNIUM. WHEREAS, subsequent to due notice and public hearing thereon, the City Council for the City of Pasco seeks to approve the following Capital Projects Budget for the 2023-2024 biennium. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON DO ORDAIN AS FOLLOWS: Section 1. That the capital projects are hereby authorized as detailed. The following schedule summarizes newly authorized projects, as well as continuing projects, and constitutes the Capital Projects Budget. CAPITAL PROJECTS BUDGET FOR 2023-2024 CIP Designation Project Name Amount ACS Burden Blvd Soccer Complex Improvements Planning/ Design 100,000 ACS A Street Sports Complex New Construction Phase 1 650,000 ACS Bus-Train Depot Refurbishment 70,000 ACS Cemetery Estate Fence New Construction 350,000 ACS City Hall Improvement Refurbishment - HVAC/Electronics 800,000 ACS City Hall Refurbishment Phase 2 - New Office Space 200,000 ACS City Hall Window Refurbishment 70,000 ACS Community Park Northwest New Construction 200,000 ACS Dog Park New Construction 50,000 ACS Facilities Shop Gate Replacement - Oregon & Idaho Ave 60,000 ACS Franklin County Irrigation District Trail Phase 1 20,000 ACS GESA Stadium Outfield Fence Refurbishment 120,000 Page 107 of 197 Ordinance – 2023-2024 Capital Projects Budget - 2 ACS GESA Stadium Parking Lot Refurbishment 420,000 ACS GESA Stadium Refurbishment 991,104 ACS Highland Park New Construction - Broadway & CA Ave 37,271 ACS Irrigation Clock Conversion Replacement City Wide 55,000 ACS Marina Dock Replacement - Dock B - WA St & 3rd Ave 1,900,000 ACS Memorial Park Conversion of Play Fields Refurbishment 20,000 ACS Memorial Pool Bubble Cover Construction 1,000,000 ACS Memorial Pool Refurbishment 40,000 ACS Parks Restroom Replacement - East Side Parks 200,000 ACS Peanuts Park North Refurbishment 500,000 ACS Pro Shop & Restaurant Replacement 1,075,000 ACS Regional Wayfinding and City Gateways 500,000 ACS Road 84 Park 100,000 ACS Sacajawea Trail BNSF Crossing New Construction 125,000 ACS Skate Park New Construction 50,000 ACS Sylvester Park Renovation/Expansion - Sylvester & 5th 450,000 ACS Trail Connection Other Improvement - Throughout City 120,000 Total ACS $ 10,273,375 CED - Transportation James Street Improvements - 1 230,000 CED - Transportation Lewis St/Heritage Blvd Intersection Improvements 1,500,000 CED - Transportation New Road 108 - Phase 1 5,461,500 CED - Transportation Rainier Ave/Kartchner St Intersection Improvements 120,000 CED - Transportation Road 40 E Extension 1,330,000 Page 108 of 197 Ordinance – 2023-2024 Capital Projects Budget - 3 CED - Transportation Sandifur Pkwy Extension - Broadmoor to 108 6,545,500 CED - Transportation Sandifur Pkwy Improvements - Bedford to Broadmoor 871,000 CED - Transportation Sandifur Pkwy/Broadmoor Blvd Intersection Improvement 3,600,000 CED - Transportation South Elm Ave Extension 1,194,000 CED - Transportation Sylvester St/US 395 NB Off-Ramp Intersection Improvements 150,000 CED - Transportation Traffic Analysis for I-182/Rd 68 Interchange 250,000 CED - Transportation Traffic Analysis for I-182/US Hwy 395 Interchange 265,000 CED - Transportation Traffic Analysis for US 12 250,000 Total CED $ 21,767,000 Fire Fire Station 85 $ 8,000,000 Irrigation Well Capacity Upgrades 855,918 Irrigation Columbia River Intake Capacity Upgrades 92,041 Irrigation NW Irrigation System Upgrades DNSPUB 6,653,000 Total Irrigation $ 7,600,959 Police City Council Chambers 275,000 Police PD Training Facility Upgrade 350,000 Police Police Dept Headquarters Expansion 500,000 Police Regional Law Enforcement Training Facility 500,000 Total Police $ 1,625,000 Public Works Public Works (PW) Operations Center 800,000 Public Works Shop Addition (Lean-To) 375,000 Page 109 of 197 Ordinance – 2023-2024 Capital Projects Budget - 4 Total PW – Non- Transportation $ 1,175,000 Public Works - Transportation Rd 36 Golf Course Irrigation Line Extension 250,000 Public Works - Transportation Annual Pavement Preservation Program 2,030,000 Public Works - Transportation Argent Rd/Rd 88 Pedestrian Crossing 250,000 Public Works - Transportation Argent Widening Phase 3 3,518,390 Public Works - Transportation Broadmoor Blvd Improvements 4,333,000 Public Works - Transportation Buckingham Dr Extension & Signal 9,822,400 Public Works - Transportation Burns Rd/Broadmoor Blvd Intersection Improvements 2,560,000 Public Works - Transportation City Wide Traffic Signal Improvements Phase 3 20,000 Public Works - Transportation Court St Overlay - US Hwy 395 to 20th 165,000 Public Works - Transportation Court St Overlay Roads 44-68 1,850,000 Public Works - Transportation Court St/Rd 68 Intersection Improvements 2,644,954 Public Works - Transportation Crescent Rd Extension - Road 108 to Chapel Hill 60,000 Public Works - Transportation I-182/Broadmoor Blvd Interchange Multiuse Path/Bridge 700,000 Public Works - Transportation I-182/Rd 68 Interchange Pedestrian/Bicycle Access 500,000 Public Works - Transportation I-82/Broadmoor Blvd Interchange Improvements 5,600,000 Public Works - Transportation Lewis St Corridor Improvements (Phase 1) - 2nd Ave to 5th Ave 51,430 Public Works - Transportation Lewis St Overpass 1,386,337 Public Works - Transportation Oregon Ave (SR 397) Overlay I-182 to Ainsworth Ave 3,000,000 Public Works - Transportation Rd 100 Widening - Court St to Chapel Hill Blvd 375,000 Public Works - Transportation Rd 68 & Burns Rd Traffic Signal 500,000 Public Works - Transportation Rd 76 Overpass - Chapel Hill Blvd to Burden Blvd 100,000 Public Works - Transportation Rd 76 Widening - Wrigley Dr to Cordero Dr 50,000 Page 110 of 197 Ordinance – 2023-2024 Capital Projects Budget - 5 Public Works - Transportation Sandifur Pkwy /Rd 90 Pedestrian Crossing 345,000 Public Works - Transportation Sandifur Pkwy Widening - Road 52 to Road 60 82,755 Public Works - Transportation Sylvester St Overpass Pedestrian/Bicycle Access 500,000 Public Works - Transportation Sylvester St Safety Improvements 3,754,199 Public Works - Transportation W. 'A' St/6th Ave Pedestrian Crossing 250,000 Total PW - Transportation $ 44,698,465 PWRF PWRF Pretreatment Impr. (Ph 1) -Pot Wtr & Elec 4,000,000 PWRF PWRF Pretreatment Impr. (Ph 2) Winter Storage 29,000,000 PWRF PWRF Pretreatment Impr. (Ph 2) Winter Storage 300,000 PWRF PWRF Irrigation System - USBR Property 120,000 PWRF PWRF Land Acquisition and Irrigation System 750,000 PWRF PWRF Pretreatment Improvement (Ph 3) - AD/SBR/RNG 20,000,000 PWRF PWRF Irrigation System - Beus Property 440,000 PWRF PWRF Irrigation System - Farm Upgrades 5,780,000 PWRF PWRF Lab and Office 700,000 Total PWRF $ 61,090,000 Stormwater Stormwater Pipe Relining (Ph 1) 115,000 Stormwater Schlagel Park Stormwater Main Replacement 710,520 Stormwater Infiltration Improvement Program 500,000 Stormwater Sylvester Pipe Repair - 5th Ave to 10th Ave 770,000 Total Stormwater $ 2,095,520 Page 111 of 197 Ordinance – 2023-2024 Capital Projects Budget - 6 Wastewater Animal Shelter Facility Replace- Wa. St & S 18th Ave 100,000 Wastewater Wastewater Treatment Plant (WWTP) Improv. (Ph 1) 5,000,000 Wastewater Wastewater Treatment Plant (WWTP) Improv. (Ph 2) 23,000,000 Wastewater East UGA Expansion Sewer LID 17,364,000 Wastewater West UGA Expansion Sewer LID 200,000 Wastewater Riverview W. Sewer Lift Station 1,865,000 Wastewater Court St Sewer Main Upsize - Rd 100 - Rd 110 (CSP #14) 318,000 Wastewater USACE Easement Upsize -Rd 36 W. of US 395 (CSP #20) 1,287,000 Total Wastewater $ 49,134,000 Water Lewis St Overpass 331,882 Water Star Lane Water Main Replace - Rd 100 to Rd 97 200,000 Water Transmission Main - WPWTP to Zone 3 1,453,000 Water Emergency Power Improvement 1,350,000 Water Richardson Rd Water Main Replace- Rd 92 to Rd 96 300,000 Water Butterfield Water Treatment Plant (WTP) Improvement 9,061,232 Water Alton St. Main ext. - Wehe to Alley E. Owen Ave 463,000 Water Automated Meter Reading 400,000 Water Reservoir Storage Tank - Zone 3 2,308,000 Water Reservoir Storage Tank - Zone 3 1,690,000 Water NE Industrial Area Waterline(s) Ext 1,275,000 Water Rd 76 Water Main Replace- Wernett Rd to W Court St 182,000 Water Reservoir Storage Tank - Zone 2 2,000,000 Water Riverhaven St. Water Main ext. - Rd 36 to Rd 40 86,000 Page 112 of 197 Ordinance – 2023-2024 Capital Projects Budget - 7 Water West Pasco Wtr Treatment Plant Expansion (Ph 3) - Firm Capacity 3,245,000 Total Water $ 24,345,114 TOTAL CAPITAL PROJECTS BUDGET $231,804,433 Section 2. The City of Pasco’s 2023-2024 Capital Projects Budget shall be in full force and effect on January 1, 2023. Section 3. This Ordinance shall take effect five (5) days after approval, passage and publication as required by law. PASSED by the City Council of the City of Pasco, Washington, this ___ day of ___________, 2022. _____________________________ Blanche Barajas Mayor ATTEST: APPROVED AS TO FORM: ______________________________ ________________________________ Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorneys Published: _____________________________ Page 113 of 197 AGENDA REPORT FOR: City Council November 3, 2022 TO: Adam Lincoln, Interim City Manager City Council Regular Meeting: 11/7/22 FROM: Eric Ferguson, City Attorney Executive SUBJECT: Public Comment Opportunity Related to City Council's Draft Redistricting Plan I. REFERENCE(S): 2017 Council Voting District Map 2022 Proposed Council Districts with Voting Precincts 2022 Proposed Council Districts with Roads Demographer’s Memo Transmitting Recommended City Council Redistricting Plan Memo Del Demográfo Transmitiendo El Plan De Rezonificación Recomendado Por El Concejo Municipal II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Public Comment Opportunity III. FISCAL IMPACT: N/A IV. HISTORY AND FACTS BRIEF: There is considerable history here, in short, circumstances were such because of then-existing State law the City and ACLU were required to utilize the federal court system to for the City of Pasco to come into compliance with the Federal Voter Rights Act (VRA). On May 8, 2017, Council approved the most recent revisions to the City of Pasco's City Council Voting Districts which were subsequently approved and ordered by Judge Suko of the U.S. District Court, Eastern District of Washington through a consent decree. Of note, under the federal and state VRAs the U.S. Decennial Census is the standard by which electoral districts shall be drawn, meaning that the districts established in 2017 under Judge Suko's order, were necessarily based on the 2010 census. Page 114 of 197 As adopted, the City's districting plan provides for one (1) at -large, and six distinct (6) City Council Districts, which now require adjustment based on the results of the 2020 U.S. Census, specifically to account for population growth and where that growth occurred, as well as changes in demographics and city limit (corporate) boundaries over the previous decade. Delayed by the impacts of a world-wide pandemic, the 2020 U.S. Decennial Census was completed in August of 2021, rather than April, and the subsequent release to Washington State Office of Financial Management who in turn provided information to the States, Counties and Municipalities further delayed. Completion of the U.S. Census and release of the information triggers the need and opportunity for the City to review its City Council Districts to assure compliance with the federal, and recently adopted state, Voter Rights Acts. The 2020 Census data was made available by the U.S. government in the fall of 2021, since that time, and per Council d irection, staff has been working with specialized legal and demographic professionals to review and update City Council District boundaries to account for changes in; city boundaries, total population, voter population, and other pertinent demographic fact ors that have occurred between April 1, 2010 and April 1, 2020. As noted previously, the City Council districts were necessarily established based on the 2010 census, the changes in population, corporate limits, demographics in a rapidly growing community like Pasco, which occurred within the decade between 2010 and 2020 have been significant. Considering aforementioned changes, it is then reasonable to expect that the changes to the six (6) districts, in terms of population and boundaries, will be prop ortionately significant. In preparing for the redistricting effort, it is helpful to keep in mind that the six (6) City Council Districts require adjustments based on the results of the 2020 U.S. Census, and the city limits map in effect at that time. Essentially, the City Council District map that the Council will be adopting as part of the redistricting effort, will reflect how the six Council districts best fit into the April 1, 2020 map for the population, changes in corporate limits, and other statu torily relevant factors of the City at that time, as determined by the 2020 U.S. Census and the two Acts. As Council is aware, there have been annexations to the City subsequent to April 1, 2020. Annexation ordinances relating to each annexation subseque nt to April 2020 should have identified the City Council district to which the newly annexed property was assigned, these individual ordinances will in effect modify the yet to be adopted April 1, 2020 district map. To the extent any of the annexation ordinances fail to reflect a City Council district, or are no longer aligned with the correct district under the adopted April 1, 2020 district map, those annexation areas will be redesignated to align with a contiguous district by subsequent ordinance. Fortunately, most of the area annexed since April 2021 is sparsely populated. Page 115 of 197 In February 2021, the City hired the services of Floyd, Pflueger & Ringer, P.S., as well as Dr. Peter Morrison who developed the current Council Voting Districts in 2017 and assisted the City in updating Redistricting Plan. Staff briefed Council on the progress and development of the Redistricting Plan as information was received from the consultants and believes the draft plan meets the criteria required per RCW 29A.76.010(4) and the federal VRA: • Each internal director, council, or commissioner district shall be as nearly equal in population as possible to each and every other such district comprising the municipal corporation, county, or special purpose district. • Each district shall be as compact as possible. • Each district shall consist of geographically contiguous area. • Population data may not be used for purposes of favoring or disfavoring any racial group or political party. To the extent feasible and if not inconsistent with the basic enabling legislation for the municipal corporation, county, or district, the district boundaries shall coincide with existing recognized natural boundaries and shall, to the extent possible, preserve existing communities of related and mutual interest. Council held the first of two public comment sessions on Wednesday, November 2nd and the second is scheduled tonight (Monday, November 7th) during Council's regularly scheduled business meeting. V. DISCUSSION: This agenda report provides the City Council with information about the Special Meeting from November 2nd, and a summary of the information that was submitted and presented to the City Council and staff. The public has been provided background, memos, and maps on the City’s website at www.pasco- wa.gov/redistricting. Ahead of the meeting, several members of the public submitted comments and questions for the consulting team and for staff. City Council has received all comments that have been made to date. This report will provide a summary of any questions that were posed as well as provide information and answers to address some of the common questions. For some of the more challenging questions, the consulting team of Ms. Amanda Daylong and Dr. Peter Morrison will be working to answer and address questions specific to the map itself. Some of the more detailed responses will likely require staff to update the packet prior to the City Council meeting on November 7th or after and will be distributed to City Council once that update has taken place. Page 116 of 197 Some of the key items that were brought up by the public include: • Why is the public given so little time to review the draft plan? • Why is there only one draft map? • Why are precincts split and can a new draft be created that resolves this issue? • Can the draft map still be altered to both remove split precincts and maintain (HVAP) Population Voting Age the improve or Hispanic numbers? Submitted Feedback: From Mr. John Kennedy Dear City Council and City Staff, I appreciate the opportunity to offer written comments about the City of Pasco’s redistricting process and the proposed map created by Dr. Peter Morrison. My comments focus on two issues: the map and the City’s redistricting process. An important protection of the Federal and Washington State Voting Rights Acts (VRA) faced legal and voting historically have that communities that is discrimination have the ability to elect candidates of their choice. In the City of Pasco, the question is does our Council voting districts enable our City’s Hispanic voters to have the ability to elect candidates of their preference? In the map the City is currently using, Districts 1, 2, and 6 are drawn to enable the majority Hispanic citizen voting age population (HCVAP) to elect candidates of their preference. The proposed map created b y Dr. Morrison will most likely enable Hispanic voters to also elect candidates of their choice in Districts 1, 2 and 6. However, the lowering of the HCVAP percentage in District 2 from 52.3% to 51.6% in the proposed map could undermine District 2’s performance (i.e. the District’s their of candidate a elect voters Hispanic enable to ability to preference). District 2’s performance could be strengthened by increasing its HCVAP percentage by ceding a little of East Pasco territory in Districts 1 and/or 6 to District 2. That would result in those three districts having HCVAP percentages that are closer to each other. I believe that this would help keep communities of interest together in those districts. The population of the other 5 districts could be adjusted in order to remain compliant with the 10% total population deviation threshold. It would be helpful if Dr. Morrison would explain during the public meeting on November 2 and/or in greater detail in writing, how he selected the precincts that went into each of the six districts. What was his methodology and rationale for putting specific precincts in specific districts? Will the City make public the data Dr. Morrison used in determining the HCVAP breakdown of the districts? Page 117 of 197 It is true that the HCVAP lowering of District 2 is small (.7%) but past election results data demonstrates that Hispanic voters in Pasco vote at a much lower rate compared to white voters. The small majority that Hispanic voters have in the proposed District 2 could very easily be overcome if there is significant and persistent racialized voting in District 2 where the white electorate, though smaller in actual numbers, is a larger percentage share of the District 2 electorate. This could potentially deny Hispanic voters the ability to elect a candidate of their choice. Increasing the HCVAP percentage in District 2 a few percentage points higher could offset consistently lower voting rates among Hispanic voters. Another revision that would improve the performance of proposed District 2 is to make the district more compact. In the proposed map, District 2 wraps around the donut holes south of I-82. This creates appendages protruding north from precincts 63 and 48 and south from precinct 62. A voter driving west on Court Street would travel from District 2 to District 5 and then back to District 2. Appendages do not promote compactness and are unnecessary. I suggest keeping precincts 41, 48, and 63 in District 5 and keeping precincts 36, 62, and 105 in District 2. This would keep precinct 62 from driving a wedge into District 2. Improving the compactness of District 2 would also reduce the number of split precincts. Precincts are split in all 6 districts in Dr. Morrison’s map. Splitting precincts unnecessarily breaks up neighborhoods and creates additional confusion for voters. It is hard enough for voters to know what district they are in when precincts are kept whole. And when precincts are split between two districts, it can have the consequence of splitting communities of interests apart. For example, precinct 36 (with a significant HCVAP minority) is split between District 2 with a HCVAP majority and District 5 with a HCVAP minority. My second set of comments focus on the redistricting process the City of Pasco has utilized. In the fall of 2021 and winter of 2021/2022, both Franklin County and the Pasco School District (PSD) went through a redistricting process. Both jurisdictions provided the public with multiple opportunities over several months to listen to presentations about the redistricting process, review proposed map versions, ask questions, and provide public comments. Franklin County and PSD also organized listening and information gathering sessions in Spanish. Franklin County and PSD both used Dr. Morrison to draw their maps and he provided remote testimony during public meetings about the maps. The process both jurisdictions used were not perfect but they provided the public with considerable, and I believe necessary, time to learn about the proposed map versions that were under consideration. The public had ample time to provide comments about what map criteria and version they preferred. The City of Pasco, unfortunately, decided to use a different process. Instead of providing the public a few months to engage in a discussion about redistricting, Page 118 of 197 we only have two weeks. And in reality, just days to provide public comment. The public is being afforded only 1 information session to learn about the map. The public is being given only two opportunities to provide public comment. These opportunities have been scheduled on very short notice. The retail cannabis issue was discussed and debated by Council members publicly for months and the public were given two information sessions to learn about this topic and provide comments. Surely a subject as important as our voting system – how we govern ourselves as a city – deserves at least as much time as retail cannabis. Why did we wait until late October to begin public discussions about redistricting when the 2020 Census data was available to the City as early as the fall of 2021? Why did we wait so long and start so late? Why is there only one Council District map under public consideration? Franklin County and PSD discussed and considered multiple map versions publicly over an extended period of time. The public was able to consider and learn about these maps as well and provide comments. If Dr. Morrison was too busy to produce any maps for the City before the fall of 2022, then why didn’t City staff use GIS and 2020 Census data to draw maps themselves or request the County to draw possible map versions for discussion? At the very least the Council could have publicly discussed these versions and residents could have provided comments that could have informed broad principles – such as asking that no precincts be split – for the eventual map created by Dr. Morrison. This process was unnecessarily rushed. The City will have to redistrict again at some point in the future (whether 10 years from now or possibly sooner). There needs to be a discussion about what that future redistricting process will look like. Planning needs to happen well in advance. How will the public be educated about future redistricting? How will the public be able to participate in the discussion about what type of districts we want that comply with WA State and Federal law? How will the City ensure that the next round of redistricting will not be rushed? The next redistricting process must be better planned and done in a way that respects the importance of redistricting and our voting system. Sincerely, John Kennedy From Mr. Jake Dorsey: At least 10 precincts appear to be split in this map. That seems like a significant point about the fine, but unnecessary tooling needed to create this map and expand the Hispanic-majority districts out west of their traditional barrier of 395. That rough border has allowed the Hispanic vote to remain concentrated and Page 119 of 197 mostly free from white influence, so that Hispanics could pick the candidates they wanted. Even with arguments made that Districts 1 and 6 have increased Hispanic representation, District 2 was drawn far outside of that, reaching into rich, white precincts along the river. It's unclear how necessary that is, but a justification should be offered as to why that district -- which loses HCVAP instead of gaining it -- is being drawn this way. Nevermind that the public has only a couple weeks to make up their minds for public comment, which is unconscionable. I respect my councilman's stepping back from the process for other reasons, but my hope is that he or other council members air out exactly why we have such a dreadfully small window of time to examine this important issue. From Ms. Pamela Gaudet: I feel that the timeframe from the city of Pasco for redistricting is unnecessarily compressed. Both Franklin County and the Pasco School Dist rict provided months to consider maps and lots more opportunities for public comment. Not sure why Pasco has decided to compress this schedule but I feel it will not give enough people time to give input. Thank you. From Salvador Salazar Cano: Good evening, I would encourage the city council to extend the deadline for the public to submit comments for the city council redistricting plan. The redistricting plan has enormous implications for Pasco's future and two weeks is simply not enough time for the public to have an adequate say on the matter. Secondly, it would be great to have different map versions available for the public to review, similar to what Franklin County did in its process. The council should not take away the public's right to have an adequate time window to submit public comments. Page 120 of 197 City of Pasco Council DistrictsMay 2017Council Voting Districts:District 1District 2District 3District 4District 5District 6Page 121 of 197 Council District 1 Council District 4 Council District 6 Council District 3 Council District 2 Council District 5 001 003 004 005 006 007 008 009010 011 012 014 016 018 019 021 022 023 026 027 028 029 030 031 032 033 034 035 036 037 038 039 040 041 042 043 044 046 047 048 049 050 051 052 053 054 055 056 057 058 059 060 062 063 065 066 067 102 020 045 105 107 106 013 002 113.01 113.02 015 114 17.01 17.02 024 025 115 116 W Cour t S t E FosterWells Rd Harris Rd Us 395 NUs 395 NN 4Th AveRoad 60Harris RdE Ains w o r t h A v e E A StN Ra i l roadAve W A St Heritage BlvdS 20Th AveN 4Th AveS 10Th AveRoad 44W Ains w o r t h AveN 28ThAveW Lewis StRoad 36N 20Th AveBurden Blvd W Court StRoad 100N 4Th AveS Oregon AveN 1S t AveN O regon AveN 10ThAveUs 395 SE Lewis StBroadmoor BlvdW Sylvester St W Clark St S MaitlandAveS 4Th AveRoad 68W Arge nt R dRoad 68Sandifur Pkwy I-182 E Sandifur Pkwy W Argent Rd Us 1 2 EUs 395 SBurns Rd Road 36I-182 W Us 395 SUs 1 2 W I-182 E Us 395 N I-182 W INFORMATION SERVICES DEPT GIS DIVISION 0 1,000 2,000 3,000 4,000500 Feet 1 of 1NTS 10/27/2022 rka 2022 PROPOSED COUNCIL DISTRICTS WITH VOTING PRECINCTS District 6 District 5 District 4 District 3 District 2 District 1 2022 Proposed Council Districts Voting Precincts 2022 PROPOSED COUNCIL DISTRICTS WITH VOTING PRECINCTSPage 122 of 197 Council District 1 Council District 4 Council District 6 Council District 3 Council District 2 Council District 5 W Cour t S t E FosterWells Rd Harris Rd Us 395 NUs 395 NN 4Th AveRoad 60Harris RdE Ains w o r t h A v e E A StN Ra i l roadAve W A St Heritage BlvdS 20Th AveN 4Th AveS 10Th AveRoad 44W Ains w o r t h AveN 28ThAveW Lewis StRoad 36N 20Th AveBurden Blvd W Court StRoad 100N 4Th AveS Oregon AveN 1S t AveN O regon AveN 10ThAveUs 395 SE Lewis StBroadmoor BlvdW Sylvester St W Clark St S MaitlandAveS 4Th AveRoad 68W Arge nt R dRoad 68Sandifur Pkwy I-182 E Sandifur Pkwy W Argent Rd Us 1 2 EUs 395 SBurns Rd Road 36I-182 W Us 395 SUs 1 2 W I-182 E Us 395 N I-182 W INFORMATION SERVICES DEPT GIS DIVISION 0 1,000 2,000 3,000 4,000500 Feet 1 of 1NTS 11/3/2022 rka 2022 PROPOSED COUNCIL DISTRICTS District 6 District 5 District 4 District 3 District 2 District 1 2022 Proposed Council Districts 2022 PROPOSED COUNCIL DISTRICTSPage 123 of 197 DEMOGRAPHER’S MEMO TRANSMITTING RECOMMENDED CITY COUNCIL REDISTRICTING PLAN City of Pasco, Washington Peter A. Morrison, Ph.D. Peter A. Morrison & Associates, Inc. **DRAFT – Pending Formal Adoption by City Council** OCTOBER 27, 2022 This memorandum documents relevant technical features of the Recommended City Council Redistricting Plan (“the Redistricting Plan”) for the City of Pasco, Washington(“City”). These features are the basis for my recommendation to adopt the Redistricting Plan as a “least change” six-district election plan, based upon newly issued 2020 decennial Census data and in accordance with Washington State and federal standards. Relevant considerations that guided this necessary rebalancing and Council Members’ further suggested refinements to bring the City’s current plan into compliance with applicable legal standards are summarized below. This Redistricting Plan rebalances each district’s total population, strengthening Hispanics’ share of eligible voters in District 2, and maintains adherence to traditional districting criteria. Additionally, the Redistricting Plan avoids any dilution of Hispanics’ voting strength in compliance with state and federal requirements. 1. Right to representation. The Redistricting Plan realizes the intention of the City’s elected officials to adopt a plan that assures the rights to representation of all the people in the City of Pasco. 2. Equipopulous Districts. Six of the City’s Seven Council Members are elected by district. As required by law, these six districts are substantially equal in total population based upon 2020 Census (PL94-171) summary population counts. “Substantially equal” means that each district is as close as practically possible to the mathematical ideal of 12,851 persons in a district(i.e., one-sixth of the City’s 77,108 total population as counted in 2020). However, districts need not be exactly equal in total population to be compliant with state and federal law. Courts allow districting plans with up to a 10-percent total deviation from this ideal. Total Deviation from Ideal (“TDI”) is measured as the absolute difference between the most populous district and the least populous district, divided by the ideal number (12,851). Table 1 below documents adherence to these “guard rails” and compliance of the Redistricting Plan with the TDI. Page 124 of 197 2 Table 1. Districts Equalized on Total Population as of 2020 In the Redistricting Plan, the most-populous district (District5) has a population of 13,413 residents, which is 4.37-percent too many. The least-populous district ( District 6) has 12,421 residents, which is 3.35-percent too few. To calculate the Redistricting Plan’s TDI, the extreme deviations of District 5 and District 6 are combined (4.37 plus 3.35), which total 7.72-percent. Relative to the maximum acceptable TDI (10 percent), the Redistricting Plan’s 7.72-percent TDI is well-within the acceptable range of “substantial equality” as required by law. 3. Respecting existing administrative boundaries. Insofar as possible, the Redistricting Plan respects the current boundaries of city election precincts, to avoid the expense of modifying precincts presently in use. 4. Compliance with State and Federal Redistricting Requirements and Guidelines. RCW 29A.76.010 requires the City to prepare a redistricting plan based upon federal decennial census data. The Redistricting Plan must also be consistent with the following criteria: (1) each district must be nearly equal in population, (2) as compact as possible, and (3) consist of a geographically contiguous area; (4) the census population data may not be used for “purposes of favoring or disfavoring any racial group or political party”1; and (5) as far as feasible the districts should follow and coincide with natural boundaries and “preserve existing communities of related and mutual interest.” RCW 29A.76.010. The Redistricting Plan is consistent with all of these criteria as each new district under the Plan is nearly equal in population, as compact as possible, consists of a geographically contiguous area, the population data used to form the new districts does not favor one race or political party, and in forming the Plan all efforts were made to maintain communities of interest while complying with other criteria and legal requirements and considerations. Section 2 of the Federal Voting Rights Act prohibits vote dilution, defined as any electoral practice or procedure that minimizes or cancels out the voting strength of members of racial or language minority groups in the voting 1 This provision does not alleviate the City’s obligations and requirements to comply with Washington’s Voting Rights Act, RCW 29A.92.020, which prohibits any election plan that “impairs the ability of members of a protected class or classes to have an equal opportunity to elect candidates of their choice as a result of the dilution or abridgement of the rights of voters who are members of a protected class or classes.” Page 125 of 197 3 population.2 See pp. 6-10 at: https://www.justice.gov/opa/press-release/file/1429486/download for an overview of these prohibitions. The Redistricting Plan complies with both the Washington State and Federal redistricting guidelines. Consistent with them, the Redistricting Plan respects Hispanics’ ability to elect candidates of choice in three of the City’s six districts. In District 1 and District 6, Hispanics constitute an estimated 58.6-percent of the 2021 citizen voting-age population (CVAP). In District 2, Hispanics constitute an estimated 51.6-percent of the 2021 CVAP. The 2021 percentage will increase further with each passing year as native-born Hispanics under age 18 reach voting age.3 Relevant demographic parameters for the Recommended Plan are shown in Table 2, along with the corresponding data. Table 2. Estimated Hispanic Share of Eligible Voters (derived from 2021 American Community Survey estimates) RECOMMENDED PLAN: 2 This is consistent with Washington’s Voting Rights Act, RCW 29A.92.020. 3 I rely upon the most current official data for distinguishing the City’s voting-age citizen population, in order to gauge Hispanics’ share of all eligible voters. The Census Bureau’s 2021 one-year American Community Survey estimates (furnished for this purpose) document Hispanic voters’ emerging electoral influence for the City as a whole. Page 126 of 197 4 Figures 1 & 2. Maps of Recommended Plan (referencing census block geography) The precise boundaries of each recommended new district visualized above are defined by GIS electronic shape files, which define the district with reference to census block geography. These shape files have been furnished to the City’s GIS department as a deliverable. These shape files should be archived as a permanent record of the census block geography referenced for creating the precise boundaries of the Redistricting Plan as implemented for holding future elections. Page 127 of 197 5 Census block geography does not always correspond exactly with city streets. Where minor discrepancies arise, the City may exercise reasonable discretion in aligning the district boundaries to correspond to actual streets for purposes of holding elections. These shapefiles are intended for the City’s use to prepare all necessary high-resolution maps for use in implementing the Revised Recommended Plan--e.g., to display the district boundaries with reference to recognized streets, voting precincts, newly-annexed territory, and other features to show eligible voters the district in which they reside. Respectfully submitted, __________________________________ Peter A. Morrison Peter A. Morrison & Associates, Inc. October 27, 2022 Page 128 of 197 MEMO DEL DEMOGRÁFO TRANSMITIENDO EL PLAN DE REZONIFICACIÓN RECOMENDADO POR EL CONCEJO MUNICIPAL Ciudad de Pasco, Washington Peter A. Morrison, Ph.D. Peter A. Morrison & Associates, Inc. **BORRADOR** 27 DE OCTUBRE DEL 2022 Este memorándum documenta las características técnicas relevantes del Plan de Rezonificación Recomendado por el Concejo Municipal (“el Plan de Rezonificación”) para la Ciudad de Pasco, Washington (“Ciudad”). Estas características son la base para mi recomendación de adoptar el Plan de Rezonificación como un plan de elección de seis distritos con un “cambio menor”, basado en los datos del Censo decenal del 2020 publicados recientemente y de acuerdo con los estándares federales y del Estado de Washington. Las consideraciones relevantes las cuales guiaron este rebalanceo necesario, y las mejorías más extensas sugeridas por los Miembros del Concejo para guiar el plan actual de la Ciudad hacia el cumplimiento con los estándares legales correspondientes, están resumidas posteriormente. El Plan de Rezonificación reequilibra la población total de cada distrito, reforzando la parte de votantes Hispanos elegibles en el Distrito 1, y cumple con el criterio tradicional de la zonificación. Además, el Plan de Rezonificación evade cualquier reducción de la fuerza de voto de los Hispanos, en cumplimiento con los requisitos estatales y federales. 1. Derecho a representación. El Plan de Rezonificación toma en cuenta la intención de los oficiales electos de la Ciudad de adoptar un plan que asegure que toda la gente de la Ciudad de Pasco tenga derecho a representación. 2. Distritos Poblados Igualmente. Seis de los Siete Miembros del Concejo de la Ciudad son electos por el distrito. Como lo es requerido por la ley, estos seis distritos cuentan con una población total considerablemente igual, de acuerdo con el resumen de los conteos de la población de Censo del 2020 (PL94- 171). “Considerablemente igual” significa que cada distrito está tan cerca como lo es prácticamente posible al ideal matemático de 12,851 personas en un distrito (p. ej. un sexto de la población total de la Ciudad de 77,108 contada en el 2020). Sin embargo, los distritos no tienen contar exactamente con la misma población total para cumplir con las leyes estatales y federales. Los tribunales les permiten a los planes de zonificación un 10 por ciento de desviación total de este ideal. Total Deviation from Ideal (“TDI”) (Desviación Total del Ideal) se mide como la diferencia absoluta entre el distrito más poblado y el distrito menos poblado, divido (por el número ideal (12,851). La Gráfica 1 posterior documenta el cumplimiento con estos “guardarraíles” y el cumplimiento del Plan de Rezonificación con el TDI. Page 129 of 197 2 Gráfica 1. Distritos Iguales con la Población Total del 2020 En el Plan de Rezonificación, el distrito más poblado (Distrito 5) tiene una población de 13,413 residentes, lo cual es 4.37-por ciento de más. El distrito menos poblado (Distrito 6) tiene 12,421 residentes, lo cual es 3.35- por ciento de menos. Para calcular el TDI del plan de Rezonificación, se combinan las desviaciones extremas del Distrito 5 y el Distrito 6 (4.37 más 3.35), lo cual es 7.72-por ciento. Comparado con la TDI máxima aceptable (10 por ciento), la TDI de 7.72 por ciento del Plan de Rezonificación se encuentra dentro del rango aceptable de “igualdad considerable” requerida por la ley. 3. Respetar las fronteras administrativas actuales. Hasta la fecha, como lo es posible, el Plan de Rezonificación respeta las fronteras actuales de los precintos de las elecciones de la ciudad, para evitar los gastos de modificar los precintos que están actualmente en uso. 4. Cumplimiento con los Requisitos y las Normas de Rezonificación Estatales y Federales. RCW 29A.76.010 requiere que la Ciudad prepare un plan de rezonificación basado en los datos federales decenales del censo. El Plan de Rezonificación también debe ser consistente con el siguiente criterio: (1) cada distrito debe tener casi la misma población, (2) debe ser lo más compacto posible, y (3) debe consistir de un área geográficamente adyacente; (4) los datos de la población del censo no pueden ser utilizados para “favorecer o desfavorecer a cualquier grupo racial o partido político”1; y (5) lo más que sea viable, los distritos deben seguir y coincidir con las fronteras naturales y “preservar a las comunidades actuales de intereses relacionados y mutuos.” RCW 29A.76.010. El Plan de Rezonificación es consistente con todo este criterio ya que cada nuevo distrito bajo el Plan cuenta con casi la misma población, es lo más compacto posible, consiste de un área geográficamente adyacente, los datos de la población utilizados para formar los nuevos distritos no favorecen 1 This provision does not alleviate the City’s obligations and requirements to comply with Washington’s Voting Rights Act, RCW 29A.92.020, which prohibits any election plan that “impairs the ability of members of a protected class or classes to have an equal opportunity to elect candidates of their choice as a result of the dilution or abridgement of the rights of voters who are members of a protected class or classes.” Page 130 of 197 3 a una raza o partido político, y al desarrollar el Plan, se hicieron todos los esfuerzos para mantener las comunidades de intereses mientras que se cumple con otro criterio y requisitos legales y consideraciones. La Sección 2 del Federal Voting Rights Act (Acto Federal del Derecho a Votar) prohíbe la reducción de los votos, definido como cualquier práctica electoral o procedimiento que minimiza o cancela la fuerza de voto de los miembros de minorías raciales o de idioma, en la población votante.2 Refiérase a las pp. 6-10 en: https://www.justice.gov/opa/press-release/file/1429486/download para un resumen de estas prohibiciones. El Plan de Rezonificación cumple con las normas de rezonificación Federales y del Estado de Washington. Consistente con ellas, el Plan de Rezonificación respeta la habilidad de los Hispanos de elegir a candidatos en tres de los seis distritos de la Ciudad. En el Distrito 1 y en el Distrito 6, los Hispanos constituyen aproximadamente un 58.6 por ciento de la población de ciudadanos con edad para votar (CVAP) en el 2021. En el Distrito 2, los Hispanos constituyen aproximadamente un 51.6 por ciento del CVAP en el 2021. El porcentaje del 2021 aumentará más conforme pasen los años, ya que los Hispanos nativos menores llegarán a los 18 años y serán elegibles para votar.3 Comencé una evaluación de anexiones pendientes de dos “islas” de territorios grandes no incorporadas, localizadas completamente dentro de la Ciudad. Sin ninguna anexión próxima, el Plan de Rezonificación conserva la opción de que la Ciudad anexe una o dos de las “islas” a un distrito actual sin reducir la cantidad de votantes elegibles Hispanos en el Distrito 1, Distrito 2, y Distrito 6. Los parámetros demográficos relevantes del Plan Recomendado son mostrados en la Gráfica 2, junto con los datos correspondientes. Table 2. Cifras Estimadas de Votantes Elegibles Hispanos (derivado de las estimaciones del 2021 American Community Survey) PLAN RECOMENDADO: 2 Esto es consistente con el Washington’s Voting Rights Act, RCW 29A.92.020. 3 Dependo en los datos oficiales actuales para distinguir a la población de ciudadanos en la Ciudad con edad para votar, para poder calcular la cantidad de Hispanos que son elegibles para votar. Los cálculos del American Community Survey (Encuesta de las Comunidades Americanas) de un año, del Census Bureau (Departamento del Censo) del 2021 (proveído para este proyecto) documentan la influencia emergente electoral de los votantes Hispanos de toda la Ciudad. Page 131 of 197 4 Figure 1. Mapa del Plan Recomendado (referente a la geografía del bloque del censo) Las fronteras precisas de cada distrito nuevo recomendado, visualizadas anteriormente son definidas por los archivos electrónicos de forma (shape files) GIS, las cuales definen al distrito con referencia a la geografía del bloque del censo. Los archivos de forma han sido proveídos al departamento GIS de la Ciudad, como un Page 132 of 197 5 producto final. Los archivos de forma deben ser archivados como un récord permanente de la geografía del bloque del censo, utilizados como referencia para el desarrollo de las fronteras precisas del Plan de Rezonificación implementado, para llevar a cabo las elecciones futuras. La geografía del bloque del censo no siempre corresponde exactamente con las calles de la ciudad. Cuando surjan discrepancias, la Ciudad quizás pueda ejercer su discreción razonable para alinear las fronteras de los distritos para que correspondan con las calles actuales para poder llevar a cabo las elecciones. Los archivos de forma sirven para que la Ciudad prepare todos los mapas de alta resolución para poder implementar el Plan Revisado Recomendado –p. ej., para mostrar las fronteras de los distritos con referencias a las calles reconocidas, los precintos de voto, los territorios recientemente anexados, y otras características para mostrarles a los votantes elegibles a cuál distrito pertenecen. Enviada respetuosamente, __________________________________ Peter A. Morrison Peter A. Morrison & Associates, Inc. 27 de Octubre del 2022 Page 133 of 197 AGENDA REPORT FOR: City Council October 12, 2022 TO: Adam Lincoln, Interim City Manager City Council Regular Meeting: 11/7/22 FROM: Steve Worley, Director Public Works SUBJECT: Resolution No. 4269 - Bid Award for Transmission Main – West Pasco Water Treatment Plant to Zone 3 I. REFERENCE(S): Resolution RH2 Engineering - Recommendation of Award II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to approve Resolution No. 4269, awarding Bid No. 21238 for the Transmission Main – West Pasco Water Treatment Plant (WPWTP) to Zone 3 project to Total Site Services of Richland, Washington, and further, authorize the City Manager to execute the contract documents and allowing all necessary budget adjustments. III. FISCAL IMPACT: Contract Total: $ 2,611,438.23 IV. HISTORY AND FACTS BRIEF: This Transmission Main project will install 3,000 feet of 24-inch water main from the West Pasco Water Treatment (WPWTP) Plant to Pressure Zone 3 to help deliver potable water to existing and future customers. Design, permitting, and final cost estimates for this project were completed in September/October 2022. The scope of work includes the installation of 30-inch pipe from the WPWTP booster pump station to a point where the line splits into two 24-inch lines. The first branch will connect to existing water lines near the intersection of Broadmoor Blvd. and St. Thomas Drive. The second branch will cross under I -182 through a steel casing (installed by a previous project for thi s purpose) and terminate in Harris Road for future extension through the Broadmoor Development area. The Page 134 of 197 two water main alignments allow the potable water system to be more robust than a single delivery point into Pressure Zone 3 and for system redundancy. This transmission main is critical to providing adequate service to future Zone 3 customers. It will provide for sufficient quantities of water to the existing and proposed water storage reservoirs. This is a companion project to the West Pasco WTP Expansion project (several phases) and the Zone 3 Water Reservoir project and first identified in the Water System Plan. V. DISCUSSION: This project was advertised for bids on October 7, 2022, and October 14, 2022. On November 1, 2022, bids were publicly opened. A total of Eleven (11) bids were received. The lowest responsible, responsive bidder is Total Site Services of Richland, WA in the amount of $2,611,438.23. The Engineer's Estimate is $3,789,800. Bid Tabulation Total Site Services $2,611,438.23 Tapani, Inc. $2,681,523.23 Rotschy Inc $2,708,524.64 LaRiviere Inc $2,807,119.24 Pacific Civil & Infrastructure, Inc. $2,807,481.86 Apollo, Inc. $2,930,126.98 Goodman and Mehlenbacher Ent Inc $2,958,857.48 DW Excavating, Inc. $3,013,857.51 Premier Excavation $3,421,140.10 Halme Construction, Inc $3,533,097.84 Double J Excavating $3,649,754.68 Bid were favorable with a very tight grouping among the several lowest bidders. The Engineer of Record, RH2 Engineering, and City staff completed the review of the bid submittal and found no exemptions or irregularities. Staff recommends award of the contract to Total Site Services, of Richland, WA. Page 135 of 197 Resolution – Bid Award for the WPWTP Improvements, Phase 2 Project - 1 RESOLUTION NO. _________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, AWARDING BID NO. 21238 FOR THE TRANSMISSION MAIN – WPWTP TO ZONE 3 PROJECT TO TOTAL SITE SERVICES OF RICHLAND, WASHINGTON, AND FURTHER, AUTHORIZE THE INTERIM CITY MANAGER TO EXECUTE THE CONTRACT DOCUMENTS AND ALLOWING ALL NECESSARY BUDGET ADJUSTMENTS. WHEREAS, the City of Pasco identified the Transmission Main – West Pasco Water Treatment Plant (WPWTP) to Zone 3 Project in the approved Capital Improvement Plan; and WHEREAS, this project involves the installation of a transmission main providing the necessary infrastructure to deliver potable water from the increasing WPWTP production with flows and pressures consistent with the growing northwest area of the City and adequately serve all current and future users in Pressure Zone 3; and WHEREAS, the City solicited sealed public bids for this project, identified as the Transmission Main - WPWTP to Zone 3 Project; and WHEREAS, on November 1, 2022, at 2:00 p.m., eleven (11) bids were received and opened by the City; and WHEREAS, the lowest responsive bidder was Total Site Services of Richland, Washington, with a bid of $2,611,438.23, the Engineer’s Estimate was $3,789,900.00; and WHEREAS, the bid documentation was reviewed, and the bidder was determined to be responsible and responsive. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON: That the City hereby awards the Transmission Main – WPWTP to Zone 3 Project to Total Site Services of Richland, Washington, in the amount of $2,611,438.23, including Washington State Sales Tax; and Be It Further Resolved that this Resolution shall take effect and be in full force immediately upon passage by the City Council. Page 136 of 197 Resolution – Bid Award for the WPWTP Improvements, Phase 2 Project - 2 PASSED by the City Council of the City of Pasco, Washington this ___ day of November, 2022. Blanche Barajas Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorneys Page 137 of 197 RH2 ENGINEERING Richland 114 Columbia Point Drive, Suite C Richland, WA 99352 1.800.720.8052 / rh2.com 11/07/22 8:09 AM J:\DATA\PSC\21-0264\50 SDB\20221107_LETTER_TSS_AWARDRECOMMENDATION.DOCX WASHINGTON LOCATIONS Bellingham Bothell (Corporate) East Wenatchee Issaquah Richland Tacoma OREGON LOCATIONS Medford Portland November 7, 2022 Mr. Brandon Lane City of Pasco 525 N. 3rd Avenue Pasco, WA 99301 Sent via: Email Subject: Recommendation of Award for: Zone 3 Transmission Main Dear Mr. Lane: The bids for the Zone 3 Transmission Main project, were opened at the City of Pasco at 2:00 PM on November 1, 2022. Of the eleven bids received, Total Site Services submitted the lowest responsible bid. The three lowest bids (including 8.7% sales tax) for this project are as shown below, and the bid tabulation showing all bids is attached. Bid Totals (Including 8.7% Sales Tax) Bidder Total Price Total Site Services $2,611,438.24 Tapani $2,681,523.23 Rotschy, Inc. $2,708,524.64 For reference, the engineer’s estimate for this project was $3,785,986.22. RH2 reviewed Total Site Services’ status on the U.S. Government’s “System for Award Management” database, the Washington State Department of Revenue’s “Delinquent Taxpayer List”, and the Washington State Department of Labor and Industries website, and has found no violations or exclusions related to Total Site Services that prevent their company from being awarded this project. Page 138 of 197 11/07/22 8:09 AM J:\DATA\PSC\21-0264\50 SDB\20221107_LETTER_TSS_AWARDRECOMMENDATION.DOCX MR. BRANDON LANE November 7, 2022 Page 2 Based on our analysis of the bids and Total Site Services’ status in the aforementioned databases and lists, we recommend that Total Site Services be awarded the contract for this project, with a combined contract amount of $2,611,438.24, which includes 8.7% Washington State sales tax. If you have any questions regarding this letter, please call me at 509.392.6503 or via email at rwithers@rh2.com. Thank you for the opportunity to assist you with this project. Sincerely, Ryan Withers, PE Project Manager RMW Attachments: Bid Tabulation 11/07/2022 Page 139 of 197 Bid Tabulations - Zone 3 Transmission Main Project # Bid Date: November 1, 2022 Contractor: Contractor: Contractor: Contractor: Engineer's Estimate Item No. Description Quant Unit Unit Price Total Amount Unit Price Total Amount Unit Price Total Amount Unit Price Total Amount Unit Price Total Amount 1 Mobilization 1 LS $259,000.00 $ 259,000.00 $ 149,519.35 149,519.35$ 245,000.00$ 245,000.00$ 169,663.00$ 169,663.00$ $ 201,344.00 201,344.00$ 2 Pothole Existing Utility 12 EA $750.00 $ 9,000.00 $ 1,093.29 13,119.48$ 1,300.00$ 15,600.00$ 200.00$ 2,400.00$ $ 615.00 7,380.00$ 3 16-in DI Water Main 20 LF $545.00 $ 10,900.00 $ 1,056.52 21,130.40$ 295.00$ 5,900.00$ 175.00$ 3,500.00$ $ 251.00 5,020.00$ 4 24-in DI Water Main 7000 LF $302.00 $ 2,114,000.00 $ 206.87 1,448,090.00$ 210.00$ 1,470,000.00$ 200.00$ 1,400,000.00$ $ 210.00 1,470,000.00$ 5 30-in DI Water Main 800 LF $543.00 $ 434,400.00 $ 347.74 278,192.00$ 355.00$ 284,000.00$ 335.00$ 268,000.00$ $ 334.00 267,200.00$ 6 Miscellaneous Appurtenances 1 LS $211,888.00 $ 211,888.00 $ 306,102.64 306,102.64$ 245,000.00$ 245,000.00$ 297,500.00$ 297,500.00$ $ 221,393.00 221,393.00$ 7 Shoring and Trench Safety 7820 LF $1.50 $ 11,730.00 $ 2.03 15,874.60$ 1.00$ 7,820.00$ 1.00$ 7,820.00$ $ 2.00 15,640.00$ 8 Crushed Surfacing Base Course 190 TN $30.00 $ 5,700.00 $ 43.50 8,265.00$ 50.00$ 9,500.00$ 50.00$ 9,500.00$ $ 28.00 5,320.00$ 9 Crushed Surfacting Top Course 680 TN $40.00 $ 27,200.00 $ 40.34 27,431.20$ 25.00$ 17,000.00$ 44.00$ 29,920.00$ $ 27.00 18,360.00$ 10 HMA Cl. 1/2 " PG 64S-28 90 TN $225.00 $ 20,250.00 $ 252.78 22,750.20$ 275.00$ 24,750.00$ 225.00$ 20,250.00$ $ 300.00 27,000.00$ 11 Pipe Zone Bedding 3170 TN $40.00 $ 126,800.00 $ 0.74 2,345.80$ 0.01$ 31.70$ 20.00$ 63,400.00$ $ 39.00 123,630.00$ 12 Roadway Excavation Incl. Haul 2700 CY $30.00 $ 81,000.00 $ 7.88 21,276.00$ 1.00$ 2,700.00$ 10.00$ 27,000.00$ $ 17.00 45,900.00$ 13 Erosion Control and Water Pollution Prevention 1 LS $17,000.00 $ 17,000.00 $ 5,880.47 5,880.47$ 43,000.00$ 43,000.00$ 35,000.00$ 35,000.00$ $ 12,474.00 12,474.00$ 14 Seeding and Fertilizing 2.2 AC $5,000.00 $ 11,000.00 $ 2,663.84 5,860.45$ 8,000.00$ 17,600.00$ 2,450.00$ 5,390.00$ $ 2,567.00 5,647.40$ 15 Project Temporary Traffic Control 1 LS $18,600.00 $ 18,600.00 $ 10,179.29 10,179.29$ 12,000.00$ 12,000.00$ 55,000.00$ 55,000.00$ $ 46,090.00 46,090.00$ 16 Electrical Vault Relocation 3 EA $6,500.00 $ 19,500.00 $ 2,191.42 6,574.26$ 2,000.00$ 6,000.00$ 15,000.00$ 45,000.00$ $ 14,275.00 42,825.00$ 17 Roadway Surveying 1 LS $20,000.00 $ 20,000.00 $ 9,023.06 9,023.06$ 18,000.00$ 18,000.00$ 7,400.00$ 7,400.00$ $ 12,866.00 12,866.00$ 18 Protection and Support of Existing Utilities 1 LS $50,000.00 $ 50,000.00 $ 18,137.71 18,137.71$ 13,000.00$ 13,000.00$ 10,000.00$ 10,000.00$ $ 19,365.00 19,365.00$ 19 Record Drawings 1 LS $5,000.00 $ 5,000.00 $ 2,675.18 2,675.18$ 1.00$ 1.00$ 5,000.00$ 5,000.00$ $ 4,992.00 4,992.00$ 20 Minor Change Force Account 1 LS $30,000.00 $ 30,000.00 $ 30,000.00 30,000.00$ 30,000.00$ 30,000.00$ 30,000.00$ 30,000.00$ $ 30,000.00 30,000.00$ Subtotal: 3,482,968.00$ 2,402,427.09$ 2,466,902.70$ 2,491,743.00$ 2,582,446.40$ Subtotal: 3,482,968.00$ 2,402,427.09$ 2,466,902.70$ 2,491,743.00$ 2,582,446.40$ WSST @ 8.7%: 303,018.22$ 209,011.16$ 214,620.53$ 216,781.64$ 224,672.84$ TOTAL: 3,785,986.22$ 2,611,438.24$ 2,681,523.23$ 2,708,524.64$ 2,807,119.24$ Contractor: Contractor: Contractor: Contractor: Item No.Description Quant Unit Unit Price Total Amount Unit Price Total Amount Unit Price Total Amount Unit Price Total Amount 1 Mobilization 1 LS $ 248,000.00 248,000.00$ 228,000.00$ 228,000.00$ 225,000.00$ 225,000.00$ $ 173,000.00 173,000.00$ 2 Pothole Existing Utility 12 EA $ 950.00 11,400.00$ 450.00$ 5,400.00$ 3,200.00$ 38,400.00$ $ 625.00 7,500.00$ 3 16-in DI Water Main 20 LF $ 180.00 3,600.00$ 574.00$ 11,480.00$ 400.00$ 8,000.00$ $ 150.00 3,000.00$ 4 24-in DI Water Main 7000 LF $ 192.00 1,344,000.00$ 243.00$ 1,701,000.00$ 250.00$ 1,750,000.00$ $ 235.50 1,648,500.00$ 5 30-in DI Water Main 800 LF $ 325.50 260,400.00$ 388.00$ 310,400.00$ 400.00$ 320,000.00$ $ 380.00 304,000.00$ 6 Miscellaneous Appurtenances 1 LS $ 337,375.00 337,375.00$ 208,000.00$ 208,000.00$ 190,000.00$ 190,000.00$ $ 388,000.00 388,000.00$ 7 Shoring and Trench Safety 7820 LF $ 10.00 78,200.00$ 0.10$ 782.00$ 1.00$ 7,820.00$ $ 0.40 3,128.00$ 8 Crushed Surfacing Base Course 190 TN $ 18.00 3,420.00$ 43.50$ 8,265.00$ 30.00$ 5,700.00$ $ 37.00 7,030.00$ 9 Crushed Surfacting Top Course 680 TN $ 18.00 12,240.00$ 43.50$ 29,580.00$ 30.00$ 20,400.00$ $ 37.00 25,160.00$ 10 HMA Cl. 1/2 " PG 64S-28 90 TN $ 275.00 24,750.00$ 262.00$ 23,580.00$ 250.00$ 22,500.00$ $ 300.00 27,000.00$ 11 Pipe Zone Bedding 3170 TN $ 12.50 39,625.00$ 12.00$ 38,040.00$ 15.00$ 47,550.00$ $ 1.00 3,170.00$ 12 Roadway Excavation Incl. Haul 2700 CY $ 3.70 9,990.00$ 8.50$ 22,950.00$ 8.00$ 21,600.00$ $ 25.00 67,500.00$ 13 Erosion Control and Water Pollution Prevention 1 LS $ 25,000.00 25,000.00$ 2,000.00$ 2,000.00$ 350.00$ 350.00$ $ 4,000.00 4,000.00$ 14 Seeding and Fertilizing 2.2 AC $ 2,400.00 5,280.00$ 2,560.00$ 5,632.00$ 2,600.00$ 5,720.00$ $ 2,500.00 5,500.00$ 15 Project Temporary Traffic Control 1 LS $ 30,000.00 30,000.00$ 23,000.00$ 23,000.00$ 6,000.00$ 6,000.00$ $ 43,000.00 43,000.00$ 16 Electrical Vault Relocation 3 EA $ 2,500.00 7,500.00$ 6,000.00$ 18,000.00$ 2,000.00$ 6,000.00$ $ 4,500.00 13,500.00$ 17 Roadway Surveying 1 LS $ 30,000.00 30,000.00$ 9,000.00$ 9,000.00$ 9,000.00$ 9,000.00$ $ 13,000.00 13,000.00$ 18 Protection and Support of Existing Utilities 1 LS $ 79,500.00 79,500.00$ 18,000.00$ 18,000.00$ 5,000.00$ 5,000.00$ $ 6,000.00 6,000.00$ 19 Record Drawings 1 LS $ 2,500.00 2,500.00$ 2,500.00$ 2,500.00$ 3,000.00$ 3,000.00$ $ 650.00 650.00$ 20 Minor Change Force Account 1 LS $ 30,000.00 30,000.00$ 30,000.00$ 30,000.00$ 30,000.00$ 30,000.00$ $ 30,000.00 30,000.00$ 2,582,780.00$ 2,695,609.00$ 2,722,040.00$ 2,772,638.00$ Subtotal: 2,582,780.00$ 2,582,780.00$ 2,695,609.00$ 2,722,040.00$ WSST @ 8.7%: 224,701.86$ 224,701.86$ 234,517.98$ 236,817.48$ TOTAL: 2,807,481.86$ 2,807,481.86$ 2,930,126.98$ 2,958,857.48$ Total Site Services Tapani, Inc. Rotschy LaRiviere Pacific Civil Apollo Goodman & Mehlenbacher DW ExcavatingPage 140 of 197 Contractor: Contractor: Contractor: Item No.Description Quant Unit Unit Price Total Amount Unit Price Total Amount Unit Price Total Amount 1 Mobilization 1 LS $ 94,000.00 94,000.00$ 322,000.00$ 322,000.00$ 281,000.00$ 281,000.00$ 2 Pothole Existing Utility 12 EA $ 600.00 7,200.00$ 800.00$ 9,600.00$ 800.00$ 9,600.00$ 3 16-in DI Water Main 20 LF $ 842.50 16,850.00$ 750.00$ 15,000.00$ 300.00$ 6,000.00$ 4 24-in DI Water Main 7000 LF $ 296.57 2,075,990.00$ 225.00$ 1,575,000.00$ 300.00$ 2,100,000.00$ 5 30-in DI Water Main 800 LF $ 516.78 413,424.00$ 400.00$ 320,000.00$ 390.00$ 312,000.00$ 6 Miscellaneous Appurtenances 1 LS $ 227,200.00 227,200.00$ 350,000.00$ 350,000.00$ 356,000.00$ 356,000.00$ 7 Shoring and Trench Safety 7820 LF $ 5.00 39,100.00$ 8.00$ 62,560.00$ 2.00$ 15,640.00$ 8 Crushed Surfacing Base Course 190 TN $ 47.50 9,025.00$ 50.00$ 9,500.00$ 66.00$ 12,540.00$ 9 Crushed Surfacting Top Course 680 TN $ 35.50 24,140.00$ 47.00$ 31,960.00$ 71.00$ 48,280.00$ 10 HMA Cl. 1/2 " PG 64S-28 90 TN $ 349.00 31,410.00$ 320.00$ 28,800.00$ 340.00$ 30,600.00$ 11 Pipe Zone Bedding 3170 TN $ 20.50 64,985.00$ 20.00$ 63,400.00$ 6.00$ 19,020.00$ 12 Roadway Excavation Incl. Haul 2700 CY $ 7.27 19,629.00$ 35.00$ 94,500.00$ 20.00$ 54,000.00$ 13 Erosion Control and Water Pollution Prevention 1 LS $ 14,170.00 14,170.00$ 90,000.00$ 90,000.00$ 2,500.00$ 2,500.00$ 14 Seeding and Fertilizing 2.2 AC $ 2,500.00 5,500.00$ 15,000.00$ 33,000.00$ 2,800.00$ 6,160.00$ 15 Project Temporary Traffic Control 1 LS $ 32,300.00 32,300.00$ 70,000.00$ 70,000.00$ 31,000.00$ 31,000.00$ 16 Electrical Vault Relocation 3 EA $ 6,500.00 19,500.00$ 35,000.00$ 105,000.00$ 6,100.00$ 18,300.00$ 17 Roadway Surveying 1 LS $ 7,200.00 7,200.00$ 15,000.00$ 15,000.00$ 9,000.00$ 9,000.00$ 18 Protection and Support of Existing Utilities 1 LS $ 12,500.00 12,500.00$ 20,000.00$ 20,000.00$ 15,000.00$ 15,000.00$ 19 Record Drawings 1 LS $ 3,200.00 3,200.00$ 5,000.00$ 5,000.00$ 1,000.00$ 1,000.00$ 20 Minor Change Force Account 1 LS $ 30,000.00 30,000.00$ 30,000.00$ 30,000.00$ 30,000.00$ 30,000.00$ 3,147,323.00$ 3,250,320.00$ 3,357,640.00$ Subtotal: 3,147,323.00$ 3,147,323.00$ 3,250,320.00$ WSST @ 8.7%: 273,817.10$ 273,817.10$ 282,777.84$ TOTAL: 3,421,140.10$ 3,421,140.10$ 3,533,097.84$ Premier Excavation Halme Double J Excavating Page 141 of 197 AGENDA REPORT FOR: City Council November 3, 2022 TO: Adam Lincoln, Interim City Manager City Council Regular Meeting: 11/7/22 FROM: Rick White, Director Community & Economic Development SUBJECT: *Resolution No. 4270 - Setting Public Hearing for Snake River Agriculture LLC Right-of-Way Vacation (VAC 2022-006) I. REFERENCE(S): Resolution Overview Map Vicinity Map Vacation Petition II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to approve Resolution No. 4270, setting 7:00 PM, Monday, December 5, 2022, as the time and date for a public hearing to consider the vacation of a portion of South Oregon Avenue located at the southeast corner of East "A" Street and South Oregon Avenue. III. FISCAL IMPACT: None. IV. HISTORY AND FACTS BRIEF: Snake River Agriculture LLC, has submitted a request to vacate a portion of South Oregon Avenue located at the southeast corner of East "A" Street and South Oregon Avenue. The proposed vacation contains approximately o ne fourth of an acre. V. DISCUSSION: Staff's concern at this point is the uncertainty of the effects of increasing truck traffic from the new industrial developments to the east (Amazon/Tarragon/Local Bounti) and its impact on this intersection. A potential for future improvements to accommodate higher traffic volumes is likely at some future point. Page 142 of 197 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 compensation and the requirements attached thereto may be waived if one or more of the following conditions apply: 1. The vacation is initiated by the City Council by Resolution; 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 does not appear to meet any of the above criteria, which would require an appraisal and payment of applicable compensation. The Franklin PUD has overhead electrical lines on the east side of the proposed vacation property. If the area were to be vacated, an easement would need be to be reserved for those lines during the vacation process. It is likely that staff will not recommend vacation of this right-of-way at this time. Page 143 of 197 Resolution - Setting PH for VAC 2022-006 – 1 RESOLUTION NO. _________ A RESOLUTION SETTING 7:00 P.M., MONDAY, DECEMBER 5, 2022, AS THE TIME AND DATE FOR A PUBLIC HEARING TO CONSIDER THE VACATION OF A PORTION OF SOUTH OREGON AVENUE IN PASCO, WA. WHEREAS, from time to time in response to petitions or in cases where it serves the general interest of the City, the City Council may vacate streets and alley rights-of-way; and WHEREAS, a petition for vacation of a portion of South Oregon Avenue Right-of-Way located at the southeast corner of East “A” Street and South Oregon Avenue by owners of more than two-thirds abutting the part of the right-of-way to be vacated, has been submitted to the City; and WHEREAS, the vacation process, by petition application, provided in the Pasco Municipal Code (PMC) Chapter 12.40 requires a title report, an appraisal of value, and compensation unless waived by City Council; and WHEREAS, pursuant to PMC Section 12.40.120(2), compensation for vacated rights-of- way, an appraisal and title report may be waived if one or more of the following are applicable: the vacation is initiated by Council resolution; the vacation is at the request of the City; the right- of-way to be vacated was previously determined by Council not to be essential to public traffic circulation and is available for vacation; the grant of a substitute right-of-way has value as a right- of-way at least equal to the right-of-way to be vacated; or the resulting benefit to the community of the project requiring vacation outweighs the appraised value of the right-of-way to be vacated; 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, 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 sixty (60) days after, nor earlier than twenty (20) days after, the passage of this Resolution setting a public hearing. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON: Section 1. Notice of Hearing. That a public hearing to consider vacating the following as described and 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 5th day of December 2022: Page 144 of 197 Resolution - Setting PH for VAC 2022-006 – 2 A PORTION OF RIGHT OF WAY, LOCATED IN THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 32, TOWNSHIP 9 NORTH, RANGE 30 EAST OF THE WILLAMETTE MERIDIAN, IN THE CITY OF PASCO, COUNTY OF FRANKLIN, STATE OF WASHINGTON DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 32 BEING A FOUND 2 1 /2" BUREAU OF RECLAMATION BRASS CAP IN CASE; THENCE SOUTH 00"24'18" EAST ALONG THE EASTERLY SECTION LINE OF SAID SECTION 32 A DISTANCE OF 40.00 FEET TO THE INTERSECTION WITH THE SOUTHERLY RIGHT OF WAY MARGIN OF EAST "A" STREET; THENCE SOUTH 00"24'18" EAST CONTINUING ALONG SAID EASTERLY SECTION LINE A DISTANCE OF 3.01' TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 00"24'18" EAST CONTINUING ALONG SAID EASTERLY SECTION LINE A DISTANCE OF 296.99 FEET; THENCE SOUTH 89"44'04" WEST LEAVING SAID EASTERLY SECTION LINE A DISTANCE OF 16.99 FEET TO A POINT ON THE ARC OF A NON TANGENT CURVE TURNING TO THE LEFT, HAVING A RADIUS OF 1,482.31 FEET; THE RADIUS POINT OF WHICH BEARS SOUTH 80"52'31" WEST; THENCE ALONG SAID CURVE, HAVING AN ARC LENGTH OF 195.84 FEET, WITH A DELTA ANGLE OF 07"34'12", A CHORD BEARING OF NORTH 12"54'35" WEST, AND A CHORD LENGTH OF 195.70 FEET TO A POINT OF REVERSE CURVATURE TURNING TO THE RIGHT, HAVING A RADIUS OF 85.00 FEET; THENCE ALONG SAID CURVE, HAVING AN ARC LENGTH OF 135.20 FEET, WITH A DELTA ANGLE OF 91"07'50", A CHORD BEARING OF NORTH 28"52'20" EAST, AND A CHORD LENGTH OF 121.39 FEET TO THE TRUE POINT OF BEGINNING. HAVING AN AREA OF 12, 150 SQUARE FEET, 0.28 ACRES, MORE OR LESS. Section 2. That the City Clerk of the City of Pasco give notice of said public hearing as required by law. Section 3. That the City Council will further decide whether to waive the requirements for an appraisal, title report and compensation at the December 5, 2022, public hearing. Page 145 of 197 Resolution - Setting PH for VAC 2022-006 – 3 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 146 of 197 EXHIBIT A RIGHT OF WAY VACATION LOCATED IN THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 32 OF TOWNSHIP 9 NORTH IN RANGE 30 EAST OF THE WILLAMETTE MERIDIAN, CITY OF PASCO, FRANKLIN COUNTY, WASHINGTON. FOUND 2 1 2" B.O.R. BRASS CAP IN CASE @ INTX. WEHE & "A" ST., MOSTLY ILLEGIBLE CITY OF PASCO-ID: 56 F EXISTING CURB & \ GUTTER" �PBS 29 R/W VACATION 12,150 S.F. 0.28 AC. PBS Engineering and Environmental Inc. pbsusa.com 0 0 0 0 I") Ol !J.l Ol lX) Ol � N N b 0 l/) DRAWN BY: OWN CHECKED BY: ADM FOUND 3" BRASS CAP @ INTX. OF "A"ST & ELM -CENTER PUNCH ONLY, ILLEGIBLE S89"44'05"W 1321.19' E.ASTREET Scale 1" = 60' I 1 30 60 08/26/2022 120 1321.94' �.;;.;.;..;;..;.. _____ -(co FOUND 5 8" REBAR NO CAP @ CL DIRT ROAD SCALE: 1" = 60' DATE: 08/26/2022 PROJECT NO.: 663!!1.000 SHEET _1_ OF _2_ Page 147 of 197 EXHIBIT A RIGHT OF WAY VACATION LOCATED IN THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 32 OF TOWNSHIP 9 NORTH IN RANGE 30 EAST OF THE WILLAMETTE MERIDIAN, CITY OF PASCO, FRANKLIN COUNTY, WASHINGTON. LEGAL DESCRIPTION A PORTION OF RIGHT OF WAY, LOCATED IN THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 32, TOWNSHIP 9 NORTH, RANGE 30 EAST OF THE WILLAMETTE MERIDIAN, IN THE CITY OF PASCO, COUNTY OF FRANKLIN, STATE OF WASHINGTON DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 32 BEING A FOUND 2 1 /2" BUREAU OF RECLAMATION BRASS CAP IN CASE; THENCE SOUTH 00"24'18" EAST ALONG THE EASTERLY SECTION LINE OF SAID SECTION 32 A DISTANCE OF 40.00 FEET TO THE INTERSECTION WITH THE SOUTHERLY RIGHT OF WAY MARGIN OF EAST "A" STREET; THENCE SOUTH 00"24'18" EAST CONTINUING ALONG SAID EASTERLY SECTION LINE A DISTANCE OF 3.01' TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 00"24'18" EAST CONTINUING ALONG SAID EASTERLY SECTION LINE A DISTANCE OF 296.99 FEET; THENCE SOUTH 89"44'04" WEST LEAVING SAID EASTERLY SECTION LINE A DISTANCE OF 16.99 FEET TO A POINT ON THE ARC OF A NON TANGENT CURVE TURNING TO THE LEFT, HAVING A RADIUS OF 1,482.31 FEET; THE RADIUS POINT OF WHICH BEARS SOUTH 80"52'31" WEST; THENCE ALONG SAID CURVE, HAVING AN ARC LENGTH OF 195.84 FEET, WITH A DELTA ANGLE OF 07"34'12", A CHORD BEARING OF NORTH 12"54'35" WEST, AND A CHORD LENGTH OF 195.70 FEET TO A POINT OF REVERSE CURVATURE TURNING TO THE RIGHT, HAVING A RADIUS OF 85.00 FEET; THENCE ALONG SAID CURVE, HAVING AN ARC LENGTH OF 135.20 FEET, WITH A DELTA ANGLE OF 91"07'50", A CHORD BEARING OF NORTH 28"52'20" EAST, AND A CHORD LENGTH OF 121.39 FEET TO THE TRUE POINT OF BEGINNING. HAVING AN AREA OF 12, 150 SQUARE FEET, 0.28 ACRES, MORE OR LESS. LINE TABLE LINE BEARING DISTANCE L1 S89'44'04"W 16.99' L2 S00'24'18"E 3.01' L3 S00"24'18"E 40.00' 08/26/2022 CURVE TABLE CURVE RADIUS ARC LENGTH CHORD LENGTH CHORD BEARING DELTA ANGLE C1 1482.31' 195.84' 195.70' S1 2'54' 35"E 7"34'12" C2 85.00' 135.20' 121.39' N28·52•2o"E 91 "07'50" ■PBS PBS Engineering and Environmental Inc. pbsusa.com DRAWN BY: DVWV CHECKED BY: ADM SCALE: NIA PROJECT NO.: 66381.000 DATE: 08/26/2022 SHEET _2_ OF --2_ Page 148 of 197 Item:South Oregon Avenue Street Right-of-Way Vacation App1icant(s):Snake River Agriculture c/0 Steve West File #:VAC 2022-006 Overview Page 149 of 197 Vicini Item:South Oregon Avenue Street Right-of-Way VacationtyApp1icant(s):Snake River Agriculture c/0 Steve West lag is..--=...":..___.Page 150 of 197 t t c· >I ii fiii n Ity o Community & Economic Development Department • , , , ......... asco PO Box 293, 525 N 3rd Ave, Pasco, WA 99301 "1111111111111 P: 509.545.3441 / F: 509.545.3499 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 property, hereby petition the City Council of the City of Pasco to vacate the following described street/alley rights-of-way: A portion of the southeast quadrant of the E. A Street and S. Oregon St intersection. Name: Snake River Ag LLC (Steve West) Address: 2699 Road 68, Pasco, WA 99301 Applicant/ Phone: Owner 1 509-531-0138 Email: sjwest33 hotmail.com Name: Address: Owner2 Phone: Email: Signature: (Please see reverse side) Updated April 2019 Page 151 of 197 Name: Address: Owner3 Phone: Email: Signature: Survey Title Report (if not waived) Fee of $300 Page 152 of 197 AGENDA REPORT FOR: City Council November 1, 2022 TO: Adam Lincoln, Interim City Manager City Council Regular Meeting: 11/7/22 FROM: Zach Ratkai, Director Administrative & Community Services SUBJECT: *Resolution No. 4271 - Purchase and Sale Agreement for Real Property (Stahl ROW) I. REFERENCE(S): Resolution Purchase and Sale Agreement II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to approve Resolution No. 4271, authorizing the purchase of real property located at 4050 East A Street Pasco, Washington, for future right - of-way. III. FISCAL IMPACT: Purchase Price $309,000 - Funded through the 194 Economic Development Fund IV. HISTORY AND FACTS BRIEF: In order to provide connection and right -of-way to serve growing industrial development in this area of Pasco, the City wishes to purchase this portion of right-of-way to complete the future construction of Road 40 East. A mutually agreed on price had been negotiated with the property owner, Stahl Huttirian Brethren. Additional right-of-way has been and will be purchased through separate Purchase and Sale (PSA) processes with the cooperation of additional property owners. V. DISCUSSION: Staff is recommending approval of the Resolution and the PSA as negotiated. Page 153 of 197 Resolution - PSA – ROW Property from Stahl – 1 RESOLUTION NO. _________ A RESOLUTION OF THE CITY OF PASCO, WASHINGTON, AUTHORIZING THE PURCHASE OF REAL PROPERTY LOCATED AT 4050 EAST A STREET, PASCO, WASHINGTON WHEREAS, owners of property located at 4050 East A Street, Pasco, Washington, have authorized sale of a portion of said property for the amount of three hundred and nine thousand dollars ($309,000); and WHEREAS, this purchase is strategic in planning for right-of-way acquisition for the extension of Road 40 East; and WHEREAS, the City has reviewed the Purchase and Sale Agreement and all associated documents; and WHEREAS ¸ the City has appropriated funding for purchase in the amount of the listing price. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON: That the attached Purchase and Sale agreement is satisfactory to the goals and budget for the City of Pasco and the purchase of the subject property is advantageous to the City, and Be It Further Resolved that the Interim City Manager is hereby authorized to execute the Purchase and Sale agreement attached hereto as Exhibit A; and to make minor substantive changes necessary to execute the Agreement. Be It Further Resolved, that this Resolution shall take effect and be in full force immediately upon passage by the City Council. 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 154 of 197 Docusign Envelope ID:65205335-FA3D-4A92-B2DE-ED71EEAOF926 J,I2svN Commercial Brokers Association ALLRIGHTSRESERVED CBAForm PS-IA]Purchase &Sale Agreement Rev.7/2020 Page ms Commercial &Investment Real Estate Purchase &Sale Agreement REYTER5 COMPANY SPECIFIC TERMS Reference Date:May14.2022 Offer Expiration Date:May 20.202;5:00pm 1. 8. 9. PROPERTY:The Property is legally described on Exhibit A.Address:so’poaion of 4050 E.A Street City of I°§gg._ELan@ County.Washington.Tax Parcel No[s]:]]3.E0.195 Included Personal Property:1 None;_If on and used in connection with the Property,per Section 25 [None,if not completed]. .BUYER[S]:City of Pasco .SELLER[S]:Stahl l:|I_.;tti|:i§n Brethren .PURCHASE PRICE:$309 000 Payable as:_x_Cash;_Financing [Form PS_FlN attached];_Other .EARNEST MONEY:$5.000 Dollars;Held by Closing Agent Form of Earnest Money:L Check;_Wire Transfer;_Note;_Other Earnest Money Due Date:_L i days after Mutual Acceptance;__days after satisfaction of Feasibility Contingency;or _ .FEASIBILITY CONTINGENCY DATE:60 days after Mutual Acceptance CLOSING DATE:on or before ?ag CLOSING AGENT:Ticor Title I Patty Sweetwood TITLE INSURANCE COMPANY:Ticor Title 10.DEED:L Statutory Warranty Deed;or _Bargain and Sale Deed 11.POSSESSION:_x_onclosing;_Other: 12.SELLER CITIZENSHIP [FIRPTA]:Seller _is;_)_(_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:L Buyer;_Seller;_both parties 17. Listing Broker represents:_Seller;_both parties EXHIBITSAND ADDENDA.The following Exhibits and Addenda are made a part of this Agreement: Earnest Money Promissory Note Back-Up Addendum \;“{’Dzie/14/2022 Buyer Date r Eat/e6 Seller Date CBK Page 155 of 197 Docusign Envelope ID:65205335-FA3D-4A92-B2DE-ED71EEAOF926 Commercial &Investment Real Estate °°”“°'j{‘3L“;f;‘§',;1,‘;;§;:3g3IIPurchase&Sale Agreement °““‘°"“""""""""*“°"~°'°'°,.“gf°,3g§.‘:}; Pagezlis Blank Promissory Note Vacant Land Addendum Blank Short Form Deed of Trust 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: Buyer Seller Contact:Zach Ratkai Contact:Iohn Stahl Address:523 N.3rd Ave.Address:1485 N.Hoffman Rd Easco.WA 9930]Bitgyille.WA 99169 Phone:509.537.2078 Phone:502.260.2299 Email:[at|g§i;@pasco-wa,goy Email:iohn stal3lfarms@me,com Sellin Firm Name:SVN I Retter &Company Name:NONE Listing Broker:Rob Ellsworth Selling Broker: Address:329 N.Kellogg St.Address: Kennewick WA 99336 Phone:509.430.2378 Phone: Email:Rob@RobEl|sworth.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: T 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 Buye “£14 Dgte/14/2022Buyerm Date T Seller D5a{e162022 Seller Date _ CB( Page 156 of 197 Docusign Envelope ID:65205335-FA3D-4A92-B2DE-ED71EEAOF926 Commercial &Investment Real Estate °°m””“,';'f,;f;‘;':s‘;;;§‘;;‘§3IIPurchase&Sale Agreement °°’”°"“"S"“"’"""°‘°"-""°:g?*,‘;f‘,",,°2",; Page 3115 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 Exceptionscommon to such form of policy and the Permitted Exceptions. Buye Dfte/14/2o__22 Buyer _____Date Seller Dsat/e1¥202 2 Seller Date CBK Page 157 of 197 Docusign Envelope ID:652053B5-FA3D-4A92-B2DE-ED71EEAOF926 4.bsvN Commercial Brokers Association ALLRIGHTSRESERVED CBA Form PS-‘IAl Purchase &Sale Agreement Rev.7/2020 Page alts Commercial 8:Investment Real Estate Rmmwm Purchase &Sale Agreement c.Title Policy.At Closing,Buyer shall receive an ALTAForm 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 [“Tit|e 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 Buye Selle 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 ;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 50. 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 fV”¢2 Buyer Date r D241622 Seller Date CB1 Page 158 of 197 Docusign Envelope 4.|2svN ID:65205335-FA3D-4A92-BZDE-ED71EEAOF926 Commercial Brokers Association ALLRIGHTSRESERVED CBAForm PS-IA I Purchase 3.Sale Agreement Rev.7/Z020 Page 5115 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. Commercial &Investment Real Estate Purchase &Sale Agreement RETTERL COMPANY 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 25lbl. 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 kindercontracts with contractors,engineers.architects,consultants or other parties Buye \/"4’Da5t{14/2022 Buyer Date Seller 5/6 202 2 Seller Date CB( Date ___T__ Page 159 of 197 Docusign Envelope ID:652053B5-FA3D-4A92-BZDE-ED71EEAOF926 ALLRIGHTSRESERVED Purchase &Sale Agreement °"“‘°"""5"“'"“'°“°‘°“"°,,"gf°,*;g;g‘; Page 6I15 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. Commercial &Investment Real Estate °°"*'"°"‘°'B'°"°""“°°‘°"°"4J_J,2svN RETTERG COHPANV Z6.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.“C|osing"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 deliveredtoBuyer for deposit in a trust account if required by state or local law.Buyer shall =-..7;¢,,.5/14/2022 Buve l?7 Buyers Date T... Seller Date T Seller T Date _________ CB( Page 160 of 197 DocuSign Envelope ID:65205335-FA3D-4A92-B2DE-ED71EEAOF926 V II Commercial &Investment Real Estate °°T”"i:'L° gfg:;'fs‘;?;§;';v‘:3 CBAF PS-1A Pu has 8:53 A lPurchase&Sale Agreement °"“'°‘’°,,;3f°,7;';,°;;, Page 7115 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 cgnsents necessary to own and operate the Property for its current use;[e]There is no 5/14/2022 Buye Date_j_j Buyerj____j_Date____j Seller Eat/e16/2_o__2_2___Seller Date CM Page 161 of 197 Docusign Envelope «DSVN ID:652053B5—FA3D-4A92-B2DE-ED71EEAOF926 Commercial Brokers Association ALLRIGHTSRESERVED CBA Form PS-‘IAIPurchase 8:Sale Agreement Rev.7/2020 Page alts Commercial &Investment Real Estate mmmm Purchase &Sale Agreement 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 [I]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 Buye 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. “W 5/14/2022 Date 5/16/2022 Date Buyer Date CB1SellerDate Page 162 of 197 Docuslgn Envelope ID:65205385-FA3D-4A92-B2DE-ED71EEAOF926 I“Commercial &Investment Real Estate °°"‘"’°",§° L'L",_.§;’,';‘,,',‘s‘:,‘§§§‘f‘,,,‘,‘;’3Purchase&Sale Agreement °"“‘°'“‘""""""""°‘°"5"",;‘g,f§‘;g;,°2",; Page 9|i5 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 notificationofreceipt of a notice.If any party is not represented by a licensee.then notices 31¢5/14/2022 Buve Date__T Buyers Date 3 Seller E?a4:seller____T__m Date_________CBK Page 163 of 197 Docusign Envelope ID:65205335-FA3D-4A92-B2DE-ED71EEAOF926 ALLRIGHTSRESERVED Purchase &Sale Agreement °””°"“"5""""""°‘°"‘“'°,;’;‘-;f§7',",,°,"; Page tolls 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. , -Commercial &Investment Real Estate °°'“"‘°"""“'°"°"’*“°°““‘°“dL>SVN RETTER5 COMPANY 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 RCW1.16.050,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 [cl]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: BM ‘V1,.5/14/2022 Date Buyer Date 5 2 2 Seller Date CB(Seller Date Page 164 of 197 Docusign Envelope ¢._bsvN 42. ID:65205335-FA3D-4A92-B2DE-ED71EEAOF926 commercial Brokers Association ALLRIGHTSRESERVED CBAForm PS-1A|Purchase 8-sale Agreement Rev.7/2020 Page 11l15 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. Commercial &Investment Real Estate Purchase &Sale Agreement RETTERG CGMPINY 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. 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 I30 Buye xix’/ Seller 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. 5/14/2022 Date 5/16/2022 Date Buyer Date (:31 Seller Date Page 165 of 197 Docusign Envelope ID:652053B5-FA3D-4A92-B2DE-ED71EEAOF926 ALLRIGHTSRESERVED Purchase &Sale Agreement °“”°'“‘""""'°""“"“°‘*5°‘°,;}3f°,7§,,°2",; Page Izlls .Commercial &Investment Real Estate °°'""‘"“°'°'°*°"““°“°"°"tlysvhi RETTER5 COMPANY 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 anvl.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 __3_°/oof 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 __°/o 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.EXCEPTAS OTHERWISE DISCLOSED IN WRITING TO BUYER OR SELLER,THE SELLING BROKER.LISTINGBROKER,AND FIRMS HAVE NOT MADE ANYREPRESENTATIONSOR WARRANTIESOR CONDUCTEDANYINDEPENDENTINVESTIGATION CONCERNINGTHE LEGALEFFECT OF THIS AGREEMENT.BUYER'SOR 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 INTENDEDUSE;OR OTHER MATTERS RELATINGTO THE PROPERTY,INCLUDING WITHOUT LIMITATION,THE PROPERTY'S ZONING,BOUNDARIES,AREA,COMPLIANCEWITH APPLICABLE LAWS [INCLUDINGLAWS REGARDINGACCESSIBILITYFOR DISABLED PERSONS], OR HAZARDOUSOR TOXICMATERIALSINCLUDINGMOLDOR OTHER ALLERGENS.SELLERAND BUYER ARE EACH ADVISED TO ENGAGE QUALIFIEDEXPERTS TO ASSIST WITHTHESE DUE DILIGENCEAND FEASIBILITYMATTERS,AND ARE FURTHER ADVISED TO SEEK INDEPENDENT LEGALAND TAX ADVICE RELATEDTO THIS AGREEMENT. \/~42,5/14/2022 Buve Date BUVHT Dates Seller 3341;Sellerg Date___T CB( Page 166 of 197 Docusign Envelope ID:652053B5—FA3D-4A92-B2DE-ED71EEAOF926 Commercial &Investment Real Estate °°"‘""",{°f;7;‘§?s1,?;;§‘;,?;‘g3 Purchase &Sale Agreement °3“‘°"“"“""""'°“°‘°“5"°,§‘e'-1'j°,°,'z'§2",; Page 13l15 IN WITNESS WHEREOF,the parties have signed this Agreement intending to be bound. Buyer City of Pasco Seller Stahl Huttirian Brethren Pm:NameondTvpeofEntnyDocugnedby:Dww?iwwwdhmBuverSe||er 4‘c 8F29 C... 5/16/2022 5 14 2022 Date Date // Buyer Seller Prlrl-ln¢Nm'mandTvpeu(Enlny Prlmoduunwandlypoof?n?ty Buyer Seller Sigrmuto and ?ue Signature and mu Date Date Buye Da5te/14/2022 Buyer__T_____Date :_:___ Seller gal/e16L022 Seller Date CB( Page 167 of 197 Docusign Envelope ID:65205335-FA3D-4A92-BZDE-ED71EEAOF926 III Commercial &Investment Real Estate ‘”"‘""“_§:'L“,;$;;§‘;;;;L:,‘,'gg Purchase &Sale Agreement °““‘°'"'"5"""""'”‘*‘*'“,:;—:'f,°,;';;;; ' PI.1geI4|l5 EXHIBITA * [Legal Description] Purchase is for 30‘wide parcel along the full west property line of:WLY185‘OF PTN OF SZSE4 27-9-30 LYSWLY OF ST HWY &ELY OF E 'A'ST EXC PTN TOUSA [120542] As shown below. v 1,271.32 '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. Buyef§¢5/14/2022 Date Buyer DateSe||er Dsaé]-6/2022 Seller Date CB( Page 168 of 197 Docusign Envelope ID:65205385-FA3D-4A92-B2DE-ED71EEAOF926 II‘.Commercial &Investment Real Estate °°Tm=~;~*gL °,;:;;;s;;;gg*;;*gg -base 8.Salk-/‘_/WWW“Purchase &Sale Agreement °°“‘°"“"‘"‘"""°,;§_,?;,f",‘;g‘,,°;;§ Page ISIIS EXHIBITB [Additional Terms] —| Offer acceptance is subject to final approval of all terms by Pasco City Council. 2.Buyer to create new parcel and complete short platting.Seller agrees to assist and sign off on all required applications to complete. 3.Closing date to be within 15 days of completion of creating new parcel. Buye Die/14/2 0 2 2 Buyer Date Seller 33416202 2 Seller Date CB( Page 169 of 197 AGENDA REPORT FOR: City Council September 27, 2022 TO: Adam Lincoln, Interim City Manager City Council Regular Meeting: 11/7/22 FROM: Steve Worley, Director Public Works SUBJECT: *Resolution No. 4272 - Drinking Water State Revolving Fund Pre- Construction Loan Application for Butterfield WTP Improvements Project I. REFERENCE(S): Resolution Application Summary II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to approve Resolution No. 4272, authorizing the submittal of a Drinking Water State Revolving Fund Loan Application for the Butterfield Water Treatment Plant (Butterfield WTP) Improvements Project for a loan amount of up to $500,000. III. FISCAL IMPACT: Maximum award of $500,000 per jurisdiction, 0% interest rate, 10-year loan term, with a 2% non-refundable loan fee at loan execution. IV. HISTORY AND FACTS BRIEF: The City’s potable water is provided by two different water treatment plants. The Butterfield WTP produces approximately three-quarters of the City’s drinkable water needs and is critical for residents, businesses, industrial users, and fire suppression systems. Drinking water plants are typically anticipated to have a service life of 50-80 years. The core components of the Butterfield WTP were constructed in 1946 and 1958, making them 75 and 63 years old respectively. To assist in long-term planning for the facility, the City selected Carollo Engineers, Inc. to help develop a Facility Plan for needed improvements to the Butterfield Water Treatment Plant. Page 170 of 197 Staff identified an opportunity to partially fund this project by means of a low - interest construction loan through the Washington State Department of Health (DOH), Drinking Water State Revolving Fund (DWSRF) program. The DWSRF funding program exists to provide loans for drinking water system infrastructure improvements to publicly-owned drinking water systems. This program includes both federal and state money subject to state laws and add itional federal regulations. These loans are intended for capital improvements that increase public health and compliance with drinking water regulations. As currently advertised, DWSRF 10-year pre-construction loans have a 0% interest rate, with a maximum award of $500,000 per jurisdiction. Applications for pre-construction loans are accepted year round. Applications for DWSRF loans require authorization of the legislative body, staff recommends approval. V. DISCUSSION: Staff recommends Council approval for the submittal of a DWSRF pre- construction low-interest loan Application to the Department of Health for the Butterfield Water Treatment Plant Improvements Project. Council action, in the form of a resolution, is sufficient to meet funding application requirements. Page 171 of 197 Resolution - DWSRF Loan Application for Butterfield WTP Improvements Project - 1 RESOLUTION NO. _______ A RESOLUTION OF THE CITY OF PASCO, WASHINGTON, AUTHORIZING THE SUBMITTAL OF A DRINKING WATER STATE REVOLVING FUND LOAN APPLICATION FOR THE BUTTERFIELD WATER TREATMENT PLANT IMPROVEMENTS PROJECT FOR A LOAN AMOUNT OF UP TO $500,000. WHEREAS, the City of Pasco (City) presently provides domestic water to more than 80,000 citizens; and WHEREAS, the City relies on the Columbia River for its domestic raw water supply; and WHEREAS, the Butterfield Wastewater Treatment Plant (Butterfield WTP) provides approximately three-quarters of the City’s potable water; and WHEREAS, the Butterfield WTP is nearing the end of its forecasted service life, and a phased replacement of the facility over the next 20 years is proposed. The core components of the Butterfield WTP were constructed in 1946 and 1958, making them 75 and 63 years old respectively; and WHEREAS, a Facility Plan was completed by Carollo Engineers, Inc. in July of 2022 to develop the needed improvements to the Butterfield WTP; and WHEREAS, to help fund these improvements, the City would like to pursue a pre- construction Drinking Water State Revolving Fund (DWSRF) loan with 0% interest loan rate, for a maximum award of $500,000; and WHEREAS, the loan agreement has a term of ten (10) years and two percent (2%) non- refundable loan fee upon execution; and WHEREAS, applications for DWSRF loans require authorization of the legislative body. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON: That the City Council, of the City of Pasco, hereby authorizes the submittal of a pre- construction loan application to the DWSRF for the Butterfield WTP Improvements Project. Be It Further Resolved, that this Resolution shall take effect immediately. Page 172 of 197 Resolution - DWSRF Loan Application for Butterfield WTP Improvements Project - 2 PASSED by the City Council of the City of Pasco, Washington, this ______ day of November, 2022. _____________________________ Blanche Barajas Mayor ATTEST: APPROVED AS TO FORM: _____________________________ __________________________ Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorneys Page 173 of 197 Application Summary Applicant Organization Information Water System ID Page 174 of 197 Project Information Project Name Brief Project Description (Max 500 Words)Legislature and Congressional Districts Legislative District:Congressional District: Project Site Name Project Site Street Address Project Site City Project Site State Washington Project Site Zip Code Project Site Latitude Need coordinates for your project? Try https://www.gps-coordinates.net Project Site Longitude Project County Please Select Main focus of the preconstruction project (Select One): Please select Is this a restructuring/consolidation/receivership project? Please Select 2022-4080 Application Summary Page 2 of 6 Page 175 of 197 Financial Information Does this project address a compliance issue in a department issued correspondence (compliance order, boil Please Select Exceeding a maximum contaminant level (MCL), secondary MCL, or action level or within 80% of nitrate or arsenic MCL? Please Select Treatment technique issue? Please Select Are you experiencing water shortage due to a declining aquifer in one of the following communities: Connell, Ephrata, Kahlotus, Lind, Mesa, Moses Lake, Othello, Quincy, Ritzville, Washtucna? A Water Shortage Response Plan will be required as part of the project. Please Select Total Funding Requested Please click Save Draft if you enter a new value in this field. Will you be using any other funding sources for your project? Please Select If the water system is a non profit corporation serving a non community, attach a copy of the federal nonprofit certification to this application. Applicant's relationship to the water system. Select Type Please Select Years in business as a water system Number of years under current board or council Does your water system have managerial capacity? 2022-4080 Application Summary Page 3 of 6 Page 176 of 197 Are all of your water system board or council positions filled? Please Select Does your board or council meet regularly? Please Select Are your board meeting minutes available for review? Please Select Attach meeting minutes approving submittal of the DWSRF application for the proposed project and proposed funding amount. Does your water system have technical capacity? Do you have a certified operator? Please Select Do you keep the following records and are they available for review? Operating (example: source and service meter reading) Maintenance (example: how often is the pump replaced or serviced?) Please Select Was an income survey conducted on your system, jurisdiction, or project area? Please Select Will the water system increase rates to repay this loan? Please Select Did or will the water system adopt rates to include the DWSRF loan repayment? Please Select Does the system have the ability to raise rates for loan repayment? Please Select 2022-4080 Application Summary Page 4 of 6 Page 177 of 197 Is there a pending motion (or resolution) to limit the water system's ability to raise rates or expend from revenue the funds needed to repay a loan? Please Select Has the applicant experienced severe fiscal distress resulting from a natural disaster (example: Governor- Page 178 of 197 To fully evaluate the financial status of the applicant, theDWSRF program requires the applicant to submit thefollowing items. All applicants; Balance Sheet Statements for last three years and current year if available. All applicants; Book Asset Details or complete Fixed Assets Inventory List and Depreciation schedule. All applicants; Income Statements for last three years and current year if available. All applicants; Adopted Water Rate Structure for last three years and current/future year(s) if available. Privately owned water system only; filed Tax Returns for last three years. Privately owned water system only; copy of bank statements ending December 31 for the last three years. Privately owned water system only; Copy of Bylaws and Articles of Incorporation. Data Universal Numbering System (DUNS) #: Construction Site Inspection Report: 2022-4080 Application Summary Page 6 of 6 Page 179 of 197 AGENDA REPORT FOR: City Council November 2, 2022 TO: Adam Lincoln, Interim City Manager City Council Regular Meeting: 11/7/22 FROM: Rick White, Director Community & Economic Development SUBJECT: Cannabis Discussion - Considerations for Retail Sales, Wholesale, Manufacturing, etc. within Pasco I. REFERENCE(S): Input Comments Summary City - Wide Buffer Map II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Discussion III. FISCAL IMPACT: N/A IV. HISTORY AND FACTS BRIEF: In November of 2012, State Initiative 502 was approved by the voters of Washington State, which among other things, decriminalized the possession, use and retail sale, of marijuana for recreational purposes. In July of 2014, City Council adopted Ordinance No. 4166, which prohibited production, processing and retail sales of marijuana within the City limits. The prohibition also extended to medical marijuana collective dispensaries; although in 2015, State law was enacted that allowed qualifying p atients to grow up to sixteen marijuana plants depending on circumstances related to the patient. City Council subsequently adopted Ordinance No. 4304, regarding specific nuisance violations for growing and storage of marijuana and establishing specific penalties for violations. Nuisance complaints indicate that both indoor and outdoor growing operations are occurring and presenting a variety of adverse impacts including odor, construction of illegal fences and theft. Page 180 of 197 As retail sales of of cannabis (marijuana) has to a degree been a lingering question in the community, the City Council in 2021 directed that the question of whether or not to allow retail sales of cannabis in the City be added to the National Community Survey which City conducts on a biennial basis. The results of the 2021 National Citizen Survey indicated an evenly divided public on this issue. In recent weeks, the City Council has heard a significant amount of spontaneous public input from the community as well as input from advertised "listening sessions." At the Council workshop of October 11,2022, a Council majority concurred that moving forward with a regulatory process aimed at repealing aspects of the current prohibition for retail cannabis sales. V. DISCUSSION: From the recent dialogue and discussion described above, staff has inferred that thee Council wishes to discuss and consider the following regulatory aspects of regarding the repeal of certain aspects relating to possible repeal of the ban on retail cannabis sales, including: 1. Consideration of the C-2 (no off-street parking requirements in this zoning district), C-3; I-1; I-2 and I-3 zoning districts for the location of retail cannabis sales. 2. Whether or not establishing a conditional use permit process is appropriate for the project permitting process; a. Decision (approval/approval with conditions/denial) by the Pasco Hearing Examiner; b. Provides direct mail notice to property owners within 300 feet of the subject property; c. Provides ability to require conditions of approval on a case by case basis; d. Establishes State regulations on the record. Council confirmed that there is no interest in relaxing the prohibition related to growing raw product and any associated processing. Further, Council has yet to discuss modifying statutory buffers within the City's purview to change. Much public testimony focused on the pros/cons of retail locations in Downtown Pasco (C-2 Zone). What has not been discussed is the Planning Commission's role in the process of modifying the current prohibition and associated zoning code revision. Although not required, zoning code amendments have routinely been processed Page 181 of 197 through the Commission and then proceed to Council with the Commission's recommendation. Would City Council wish to follow this process in this instance? As these issues sort out, City and Legal staff will begin work on an ordinance reflecting Council's direction on this matter. Dep ending on Council's direction and the process by which the Council decides on the items discussed above, said ordinance may take some time to develop. Page 182 of 197 CannabisListening Session: Tuesday, 09/27/22 @ HAPO (TRAC) CENTER Start Time: 6:30pm End Time: 8:30pm Staff:  Dave - Facilitator  Adam  Rick  Ken R.  Brent C.  Bill P.  April  Jon Council:  Mayor Barajas  Mayor Pro Tem Maloney  Irving Brown  David Milne  Zahra Roach Attendee Count (excluding Staff & Council): 60 Spanish Interpreter Services provided: 2 Speaker Count (33); a few identified as non-Pasco resident 10 – For 6 – Against 3 – Not Downtown 1 – Not in C2 Zones 11 – Rebuttals 2 – Not Clear Page 183 of 197 Page 184 of 197 Page 185 of 197 Page 186 of 197 Page 187 of 197 Page 188 of 197 CannabisListening Session: Tuesday, 10/04/22 – Pasco Police Training Building Start Time: 6:30pm End Time: 7:50pm Staff:  Dave - Facilitator  Rick  Brent C.  Bill P.  Mike G.  Debby B.  April  Jon Council:  Mayor Pro Tem Maloney  Joseph Campos  Irving Brown  David Milne  Zahra Roach Attendee Count (excluding Staff & Council): 29 Spanish Interpreter Services provided: available, none needed. Speaker Count (24): 8 – For 6 – Against 4 – Not Downtown 4 – Rebuttals 2 – Not Clear Page 189 of 197 Page 190 of 197 Page 191 of 197 Page 192 of 197 Page 193 of 197 Page 194 of 197 CITY LIMITS CITYLIMITSCI T Y L I M I T S FANNING R D US 395 SDENT RDROAD 100US 395 NU S 1 2 E I-182 W ROAD 68ROAD 68 NKOHLER RDE A STN 4TH AVE U S 1 2 E BURNS RD US 395 NI RI S L NSOREGONAVEU S 1 2 W CLARK RD SHORELINE RDHARRISR D I-182 ENCAPIT O LAVEEASY STRI CHVIE WDRN RAILROAD AVEGLADE NORTH RDTAYLORFLATSRDUS 395 NPASCO KAHL OT US R D I-182 W E FOSTER WELLS RD I-182 E Marijuana Restricted ZonesAs of August 2022 / City Limits 2022 Schools Parks Parks 1,000-Foot Buffer Schools 1,000-Foot BufferPage 195 of 197 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 196 of 197 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 197 of 197