HomeMy WebLinkAbout2023.03.06 Council Meeting Packet
AGENDA
City Council Regular Meeting
7:00 PM - Monday, March 6, 2023
Pasco City Hall, 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 (415) 655-0060 and use access code
307-404-066.
City Council meetings are broadcast live on PSC-TV Channel 191 on
Charter/Spectrum Cable in Pasco and Richland and streamed at www.pasco-
wa.gov/psctvlive and on the City’s Facebook page at
www.facebook.com/cityofPasco.
2. CALL TO ORDER
3. ROLL CALL
(a) Pledge of Allegiance
4. CONSENT AGENDA - All items listed under the Consent Agenda are
considered to be routine by the City Council and will be enacted by roll call
vote as one motion (in the form listed below). There will be no separate
discussion of these items. If further discussion is desired by Council members
or the public, the item may be removed from the Consent Agenda to the
Regular Agenda and considered separately.
6 - 20 (a) Approval of Meeting Minutes for February 21st and 27th
To approve the minutes of the Pasco City Council Regular Meeting
held on February 21, 2023 and the Special Meeting and Regular
Workshop held on February 27, 2023.
21 - 22 (b) Bills and Communications
Page 1 of 151
To approve claims in the total amount of $3,834,226.76 ($2,394,202.66
in Check Nos. 254156-254450; $320,648.16 in Electronic Transfer
Nos. 839207-839301, 839304-839332, 839336-839449, 839469-
839564, 839568-839665; $29,052.88 in Check Nos. 54275-54299;
$1,090,323.06 in Electronic Transfer Nos. 30187023-30187621).
23 - 44 (c) Ordinance No. 4643 - Amending Pasco Municipal Code, Chapter
2.05 "City Council" Related to Open Public Meetings Act Updates
To adopt Ordinance No. 4643, amending Pasco Municipal Cod e,
Chapter 2.05 “City Council” related to updates to the Washington State
Open Public Meetings Act effecting City Council’s conduct of business,
including other minor housekeeping updates within the same chapter.
45 - 52 (d) Ordinance 4634 A - Correcting Scrivener's Errors in the Legal
Description.
To adopt Ordinance No. 4634A, approving an ordinance that corrects
scrivener's errors in the original Ordinance No. 4634.
53 - 69 (e) Resolution No. 4314 - Rescinding an Emergency Proclamation
To approve Resolution No.4314, rescinding Resolution No. 3946
ratifying the Emergency Proclamation signed by Mayor Martinez on
March 16, 2020, proclaiming a civic emergency within the City Of
Pasco and rescinding all other resolutions implementing emergency
orders based on Resolution No. 3946.
70 - 73 (f) *Resolution No. 4315 - Bid Award Wastewater Treatment Plant
Improvements Phase 2B
To approve Resolution No. 4315, awarding the Wastewater Treatment
Plant Improvements Phase 2B Project to Advanced American
Construction, Inc. of Portland, Oregon, in the amount of $6,796,557.90
including Washington State Sales Tax, and further, authorize t he
Interim City Manager to execute the contract documents.
74 - 105 (g) Resolution No. 4316 - WA ST Department of Ecology Agreement
for the Pasco Aquifer Storage & Recovery Project Phase 2
To approve Resolution No. 4316, authorizing the Interim City Manager
to execute the grant agreement with the Washington State Department
of Ecology for the Aquifer Storage and Recovery Feasibility Study -
Phase II Project.
106 - 109 (h) Approve First Amendment to Interim City Manager's Contract
To approve Amendment No. 1 to the Interim City Manager contract.
(RC) MOTION: I move to approve the Consent Agenda as read.
5. PROCLAMATIONS AND ACKNOWLEDGEMENTS
Page 2 of 151
6. PUBLIC COMMENTS - The public may address Council on any items unless
it relates to a scheduled Public Hearing. This item is provided to allow the
opportunity to bring items to the attention of the City Council or to express an
opinion on an issue. Its purpose is not to provide a venue for debate or for the
posing of questions with the expectation of an immediate response. Some
questions require consideration by Council over time and after a deliberative
process with input from a number of different sources; some questions are
best directed to staff members who have access to specific information.
Citizen comments will normally be limited to three minutes each by the Mayor.
Those with lengthy messages are invited to summarize their comments and/or
submit written information for consideration by the Council outside of formal
meetings.
7. REPORTS FROM COMMITTEES AND/OR OFFICERS
(a) Verbal Reports from Councilmembers
110 - 130 (b) Report on Pending Legislation: Energy Innovation and Carbon
Dividend Act (H.R. 2307)
Presentation by Dennis Finn, with the Citizens' Climate Lobby
131 - 140 (c) General Fund Monthly Report - January 2023
8. HEARINGS AND COUNCIL ACTION ON ORDINANCES AND
RESOLUTIONS RELATING THERETO
141 - 145 (a) Public Hearing & Resolution No. 4317 - Single Room Occupancy
(SRO) Housing Moratorium
CONDUCT A PUBLIC HEARING
MOTION: I move to approve Resolution No. 4317, continuing the
moratorium, established through Resolution No. 4158, prohibiting the
permitting of Single Room Occupancy housing and conversion thereto
in the City of Pasco, pending study of impacts and best development
practices and policy.
9. ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS
10. UNFINISHED BUSINESS
146 - 149 (a) Retail Sales of Cannabis Discussion, After Rescission of
Resolution No. 4303
11. NEW BUSINESS
Page 3 of 151
12. MISCELLANEOUS DISCUSSION
13. EXECUTIVE SESSION (15 minutes)
(a) Executive Session Topics:
1. Discussion with legal counsel about legal risks of current
or proposed action per RCW 42.30.110(1)(i)
2. Consideration of the minimum offering price for sale or
lease of real estate if there’s a likelihood that disclosure
would decrease the price per RCW 42.30.110(1)(c); the
factors influencing the price include, sale price and land-
use considerations.
14. ADJOURNMENT
15. ADDITIONAL NOTES
(a) (RC) Roll Call Vote Required
* Item not previously discussed
Q Quasi-Judicial Matter
MF# “Master File #....”
150 - 151 (b) Adopted 2020-2021 Council Goals (Reference Only)
(c) REMINDERS
• Thursday, March 9th, 5:30 PM: Parks & Recreation Advisory
Board, Council Chambers, Pasco City Hall
(COUNCILMEMBER DAVID MILNE, Rep.;
COUNCILMEMBER PETE SERRANO, Alt.)
• Thursday, March 9th, 7:00 PM: Ben Franklin Transit Board
Meeting – Benton County Administration Building
(COUNCILMEMBER JOSEPH CAMPOS Rep.; MAYOR PRO
TEM CRAIG MALONEY, Alt.)
• Monday, March 13th, 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
Page 4 of 151
provided upon request. Please provide two business day's notice
to the City Clerk to ensure availability.)
Page 5 of 151
AGENDA REPORT
FOR: City Council March 1, 2023
TO: Adam Lincoln, Interim City Manager City Council Regular
Meeting: 3/6/23
FROM: Debra Barham, City Clerk
Executive
SUBJECT: Approval of Meeting Minutes for February 21st and 27th
I. REFERENCE(S):
02.21.2023 & 02.27.2023 Draft Council Minutes
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
To approve the minutes of the Pasco City Council Regular Meeting held on
February 21, 2023 and the Special Meeting and Regular Workshop held on
February 27, 2023.
III. FISCAL IMPACT:
None
IV. HISTORY AND FACTS BRIEF:
V. DISCUSSION:
Page 6 of 151
MINUTES
City Council Regular Meeting
7:00 PM - Tuesday, February 21, 2023
Pasco City Hall, Council Chambers & GoToWebinar
CALL TO ORDER
The meeting was called to order at 7:01 PM by Blanche Barajas, Mayor.
ROLL CALL
Councilmembers present: Blanche Barajas, Craig Maloney, Irving Brown, Joseph
Campos, David Milne, and Pete Serrano
Councilmembers absent: Zahra Roach
Staff present: Adam Lincoln, Interim City Manager; Angela Pashon, Assistant City
Manager; Darcy Buckley, Finance Director; Eric Ferguson, City Attorney; Bob Gear,
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.
CONSENT AGENDA
Approval of Meeting Minutes for February 6th, 10th, and 13th
To approve the minutes of the Pasco City Council Regular Meeting, Mini Retreat
and Regular Workshop held on February 6, 2023, February 10, 2023 and February
13, 2023 respectively.
Bills and Communications
To approve claims in the total amount of $6,840,266.24 ($5,712,146.45 in Check
Nos. 253847-254155; $1,625.60 in Electronic Transfer Nos. 839335; $29,314.01 in
Check Nos. 54263-54274; $1,097,180.18 in Electronic Transfer Nos. 30186431-
30187022).
Page 1 of 8Page 7 of 151
To approve bad debt write-off for accounts receivable including Utility Billing,
Ambulance, Cemetery, General Accounts, and Miscellaneous Accounts in the total
amount of $210,482.77 and, of that amount, authorize $44,449.16 to be turned over
for collection.
Resolutions No. 4308 & No. 4309 - Land Mobile Radio (LMR) to Cellular (LTE)
Radio Interface Infrastructure
To approve Resolution No. 4308, waiving the competitive bidding requirements and
approving the purchase of Catalyst Communications Technologies Intellilink
Gateway Dashboard.
To approve Resolution No. 4309, waiving the competitive bidding requirements and
approving the purchase of Motorola Conventional Channel Gateways.
Resolution No. 4310 - Agreements for the Purchase of Virtual Desktop
Infrastructure
To approve Resolution No. 4310, authoring the City Manager to execute contracts
with Compunet Inc. of virtual desktop infrastructure (VDI) technology.
MOTION: Mayor Pro Tem Maloney moved, seconded by Councilmember
Campos to approve the Consent Agenda as read.
RESULT: Motion carried unanimously 6-0
AYES: Mayor Barajas, Mayor Pro Tem Maloney,
Councilmember Brown, Councilmember Campos,
Councilmember Milne, and Councilmember Serrano
ABSENT: Councilmember Roach
VISITORS - OTHER THAN AGENDA ITEMS
Dana Crutchfield, Pasco resident, expressed opposition to the retail sales of cannabis
in Pasco. She provided her written comments to City Clerk Barham for distribution to
Council.
Michelle Andrews, Pasco resident, expressed opposition to the retail sale s of cannabis
in Pasco.
Kylie Grimes, Downtown Pasco Development Authority Board President, reminded
Council that the DPDA expressed support for the retail sales of cannabis in the
downtown Pasco area.
Steve Wilson, Pasco resident, expressed appreciation to City staff and expressed
support for the retail sale of cannabis in Pasco.
Page 2 of 8Page 8 of 151
Thomas Granbois, Pasco resident, downtown property owner, and DPDA Board
member, expressed support for the retail sales of cannabis in the downtown Pasco
area.
REPORTS FROM COMMITTEES AND/OR OFFICERS
Verbal Reports from Councilmembers
Mayor Pro Tem Maloney reported on the Association of Washington Cities (AWC)
Legislative Days he and other City staff attended last week and specifically
commented on a House Bill, SB-1110, expressing concern regarding the current
language within the bill. He invited Mr. Lincoln to provide additional comment
regarding the bill.
Mr. Lincoln briefly discussed the meetings he attended at the AWC Legislative
Days, the various bills introduced during this legislative session and noted this year
is a long legislative session. He noted that there would be opportunities to weigh in
on the bills that may affect the City of Pasco.
Mr. Brown reported on the Downtown Pasco Development Authority Board and
Benton Franklin Council of Governments meetings he recently attended.
Mr. Milne commented on a recent visit to the Tri-Cities Animal Shelter.
HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS
RELATING THERETO
Public Hearing Continued and Ordinance No. 4641 for Mendoza Right-of-Way
Vacation (VAC 2022-007)
Mayor Barajas noted that this was a continued Public Hearing and asked Mr. White
to provide a brief overview of the proposed right-of-way vacation and Mr. White
provided a brief update.
After three calls and no one closed the hearing.
MOTION: Mayor Pro Tem Maloney moved, seconded by Councilmember Milne
to approve Ordinance No. 4641, vacating portions of right-of-way along South
5th Avenue in Pasco, and further, authorize publication by summary only.
RESULT: Motion carried unanimously 6-0
AYES: Mayor Barajas, Mayor Pro Tem Maloney,
Councilmember Brown, Councilmember Campos,
Councilmember Milne, and Councilmember Serrano
ABSENT: Councilmember Roach
Public Hearing Continued and Ordinance No. 4642 Jubilee Foundation Right-
of-Way Vacation (VAC 2022-009)
Page 3 of 8Page 9 of 151
Mayor Barajas noted that this was a continued Public Hearing and asked Mr. White
to provide a brief overview of the proposed right-of-way vacation and Mr. White
provided a brief report.
Council and staff discussed the proposed ordinance noting some inconsistencies
within the report and proposed ordinance.
At the end of the discussion, Mr. Ferguson suggested that this item be moved to
Unfinished Business to allow time for staff to review the agenda report and
proposed ordinance before continuing the Public Hearing.
MOTION: Mayor Pro Tem Maloney moved, seconded by Councilmember
Campos to move Item No. 8(b), "Public Hearing Continued and Ordinance No .
4642 Jubilee Foundation Right-of-Way Vacation (VAC 2022-009)" to Item 11,
Unfinished Business on the agenda.
RESULT: Motion carried unanimously 6-0
AYES: Mayor Barajas, Mayor Pro Tem Maloney,
Councilmember Brown, Councilmember Campos,
Councilmember Milne, and Councilmember Serrano
ABSENT: Councilmember Roach
EXECUTIVE SESSION
Council adjourned into Executive Session at 7:42 PM for 15 minutes to discuss with
legal counsel about legal risks of current or proposed action per RCW
42.30.110(1)(i) with the interim City Manager, City Attorney and Public Works
Director.
At 7:58 PM Mayor Barajas announced that the Executive Session would continue
for another 10 minutes.
At 8:08 PM Mayor Barajas announced that the Executive Session would continue
for another 10 minutes.
Mayor Barajas called the meeting back to order at 8:20 PM.
ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS
Resolution No. 4311 Process Water Reuse Facility (PWRF) Draft Processor
Wastewater Treatment Agreement (WTA)
Mr. Worley addressed the concerns raised by the public and processors that will
be affected by the Process Water Reuse Facility (PWRF) expansion project and he
confirmed that this project as presented remains the most economical and viable
solution.
Page 4 of 8Page 10 of 151
Council and Mr. Worley held a brief question and answer period.
Randy Hayden, Port of Pasco Executive Director, expressed support for the PWRF
expansion and encouraged Council to move forward on the Wastewater Treatment
Agreement (WTA).
Phillip Gates, Gross Wind Technology representative, expressed support for the
PWRF expansion and encouraged Council to move forward on the Wastewater
Treatment Agreement (WTA).
Chris Tynan, Burnham SEV representative, expressed support for the PWRF
expansion and encouraged Council to move forward on the Wastewater Treatment
Agreement (WTA).
Doug Pettinger, Darigold representative, expressed support for the PWRF
expansion and encouraged Council to move forward on the Wastewater Treatment
Agreement (WTA).
Bruce Anderson, Pasco resident, commented on nitrogen related to his flowers and
expressed support for the PWRF expansion.
MOTION: Mayor Pro Tem Maloney moved, seconded by Councilmember Brown
to continue the discussion of Resolution No. 4311 Process Water Reused
Facility Draft Processor Wastewater Treatment Agreement to the Special
Meeting scheduled for February 27, 2023.
RESULT: Motion carried 5-1
AYES: Mayor Barajas, Mayor Pro Tem Maloney,
Councilmember Brown, Councilmember Campos, and
Councilmember Milne
NAYS: Councilmember Serrano
ABSENT: Councilmember Roach
RECESS
Mayor Barajas called a five-minute recess at 8:56 PM.
ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS CONTINUED
Resolution No. 4312 - Incorporate the Pasco School District's 2022 Capital
Facility Plan Update into the City's Comprehensive Land Use Plan
Mr. White provided a brief report on the proposed resolution to incorporate the
Pasco School District's 2022 Capital Facility Plan Update into the City.
MOTION: Mayor Pro Tem Maloney moved, seconded by Councilmember
Campos to approve Resolution No. 4312, incorporating the Pasco School
Page 5 of 8Page 11 of 151
District's 2022 update of the Capital Facilities Plan into the City of Pasco's
Comprehensive Land Use Plan.
RESULT: Motion carried unanimously 6-0
AYES: Mayor Barajas, Mayor Pro Tem Maloney,
Councilmember Brown, Councilmember Campos,
Councilmember Milne, and Councilmember Serrano
ABSENT: Councilmember Roach
Resolution No. 4313 - Purchase and Sale Agreement for Real Property (Rico
ROW)
Mr. Lincoln provided a brief report on the proposed right -of-way purchase from the
Rico family.
MOTION: Mayor Pro Tem Maloney moved, seconded by Councilmember
Campos to approve Resolution No. 4313, authorizing the purchase of real
property located at 3932 East Lewis Street, Pasco, Washington, for future right-
of-way.
RESULT: Motion carried unanimously 6-0
AYES: Mayor Barajas, Mayor Pro Tem Maloney,
Councilmember Brown, Councilmember Campos,
Councilmember Milne, and Councilmember Serrano
ABSENT: Councilmember Roach
UNFINISHED BUSINESS
Public Hearing Continued and Ordinance No. 4642 Jubilee Foundation Right-
of-Way Vacation (VAC 2022-009)
Mr. Lincoln requested that this item be brought back at the Special Meeting so that
staff may address the inconsistencies within the current draft ordinance and agenda
report.
Isidro Almaraz, Pasco resident, expressed concern regarding the narrow roadway
in the proposed development and how is may adversely affect entering and exiting
their homes.
MOTION: Councilmember Campos moved, seconded by Councilmember Milne
to continue the public hearing vacating rights-of-way in Washington Addition to
Pasco in the vicinity of East A Street and East Helena Street to the next Special
Meeting scheduled for February 27, 2023.
RESULT: Motion carried unanimously 6-0
AYES: Mayor Barajas, Mayor Pro Tem Maloney,
Councilmember Brown, Councilmember Campos,
Councilmember Milne, and Councilmember Serrano
Page 6 of 8Page 12 of 151
ABSENT: Councilmember Roach
NEW BUSINESS
Consideration of Potential Rescission of Resolution No. 4303
Mr. Ferguson explained the process to rescind Resolution No. 4303.
Mayor Pro Mayor Maloney expressed support to rescind the Resolution No. 4303
and recommended that Council have further discussion regarding the retail sales
of cannabis in the near future to discuss where it would be permitted.
Mr. Serrano commented that the last two Council meetings regarding Council's
direction related to the Retail Sales of Cannabis to staff and he believed the
direction was clear and suggested that Council review those meetings. He
expressed support to shelf this item until such time it could be placed on a ballot for
Pasco residents to vote for or against allowing the retail sales of cannabis in the
City.
Mr. Campos stated that this issue initially came before Council as a grass roots
effort and it has grown into something much larger and he was in support of Mr.
Serrano's suggestion.
Mr. Milne also agreed with Mr. Serrano and Mr. Campos with comments and
recommendations.
MOTION: Mayor Pro Tem Maloney moved, seconded by Councilmember Brown
to rescind the motion approving Resolution No. 4303 - Retail Cannabis with
Conditional Use Permit in I-1 I-2 and I-3 Zones approved by Council at the
January 17, 2023 meeting.
RESULT: Motion carried 4-2
AYES: Mayor Pro Tem Maloney, Councilmember Brown, Mayor
Barajas, and Councilmember Campos
NAYS: Councilmember Milne and Councilmember Serrano
ABSENT: Councilmember Roach
MOTION: Mayor Pro Tem Maloney moved, seconded by Councilmember Brown
to continue discussion of the retail sale of cannabis at the March 6, 2023 Council
meeting.
RESULT: Motion carried 4-2
AYES: Mayor Barajas, Mayor Pro Tem Maloney,
Councilmember Brown, and Councilmember Campos
NAYS: Councilmember Milne and Councilmember Serrano
ABSENT: Councilmember Roach
Page 7 of 8Page 13 of 151
ADJOURNMENT
There being no further business, the meeting was adjourned at 9:26 PM.
PASSED and APPROVED this ____ day of ________________, 20__.
APPROVED: ATTEST:
Blanche Barajas, Mayor Debra Barham, City Clerk
Page 8 of 8Page 14 of 151
MINUTES
City Council Special Meeting
7:00 PM - Monday, February 27, 2023
Pasco City Hall, 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: Adam Lincoln, Interim City Manager; Angela Pashon, Assistant City
Manager; Darcy Buckley, Finance Director; Eric Ferguson, City Attorney; Jesse
Rice, Information Technology 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.
UNFINISHED BUSINESS
Public Hearing Continued - Jubilee Foundation Right-of-Way Vacation (VAC
2022-009)
Mayor Barajas noted that this was a continuation of the Public Hearing from the
February 6th and 21st Council meetings.
Mr. White provided a brief update regarding the proposed right-of-way vacation and
recommended this item be continued until such time as adverse impact to adjoining
properties may be mitigated..
Council and staff held a brief question and answer period.
MOTION: Councilmember Milne moved, seconded by Councilmember Brown to
continue the request to vacate rights-of-way in Washington Addition to Pasco in
Page 1 of 3Page 15 of 151
the vicinity of East A Street and East Helena Street to a date after approval of a
preliminary plat for the properties in question or until such time as adverse
impacts to adjoining properties can be mitigated.
RESULT: Motion carried 6-1
AYES: Councilmember Brown, Councilmember Milne, Mayor
Barajas, Mayor Pro Tem Maloney, Councilmember
Campos, and Councilmember Roach
NAYS: Councilmember Serrano
Resolution No. 4311, Process Water Reuse Facility (PWRF) Draft Processor
Wastewater Treatment Agreement (WTA)
Mr. Worley provided a brief update to the proposed PWRF Processor WTA, as well
as the status of Phase 3 to the PWRF project including a few new o ptions that
appear to be more expensive than the current plan.
Council and Mr. Worley briefly discussed the PWRF project and additional options
presented by Mr. Worley.
Doug Pettinger, Darigold representative, expressed support for the PWRF project.
Johnathan Witt, Simplot representative, expressed concern regarding the PWRF
project.
Rachel Roskelley, JR Simplot representative, expressed concern regarding the
proposed WTA.
Shem Oesch, Grimmway Farms representative, expressed concern regarding t he
PWRF project and WTA.
Council and staff discussed the concerns presented by two processors during the
comment period and the whether or not approve the resolution allowing the Interim
City Manager to finish the negotiations of the processor PWRF Indu strial
Wastewater Pretreatment Agreement outside of Council review and approval.
MOTION: Councilmember Milne moved, seconded by Councilmember Campos
to approve Resolution No. 4311, authorizing the Interim City Manager to enter
into the Process Water Reuse Facility (PWRF) Industrial Wastewater
Pretreatment Agreement with the Processors for the PWRF Pretreatment
Improvements Phase 3 Project.
RESULT: DEFEATED. 0-7
AYES:
NAYS: Councilmember Campos, Councilmember Milne, Mayor
Barajas, Mayor Pro Tem Maloney, Councilmember
Brown, Councilmember Roach, and Councilmember
Serrano
Page 2 of 3Page 16 of 151
ADJOURNMENT
There being no further business, the meeting was adjourned at 8:08 PM.
PASSED and APPROVED this __ day of ________________, 20__.
APPROVED: ATTEST:
Blanche Barajas, Mayor Debra Barham, City Clerk
Page 3 of 3Page 17 of 151
MINUTES
City Council Workshop Meeting
7:07 PM - Monday, February 27, 2023
Pasco City Hall, Council Chambers & GoToWebinar
CALL TO ORDER
The meeting was called to order at 8:08 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: Adam Lincoln, Interim City Manager; Angela Pashon, Assistant City
Manager; Darcy Buckley, Finance Director; Eric Ferguson, City Attorney; Jesse
Rice, Information Technology Director; Ken Roske, Police Chief; Rick White,
Community & Economic Development Director; Steve Worley, Public Works
Director; and Debby Barham, City Clerk.
RECESS
Mayor Barajas called a five-minute recess at 8:08 PM.
VERBAL REPORTS FROM COUNCILMEMBERS
Mr. Serrano reported on the Hanford Area Economic Investment Fund (HAEIF)
Advisory Committee meeting he recently attended. He also commented on the Franklin
County Administrator candidates' meet and greet held earlier in the evening.
Ms. Roach commented on the Prime Dental West Pasco ribbon cutting and ground
breaking for the new Fire Station held recently.
Mr. Campos asked Mr. Serrano about the process to apply for the HAEIF loans and Mr.
Serrano elaborated on the application process.
Mr. Milne commented on the Colima-Pasco Friendship & Collaboration Association
(COPA) meeting he attended recently.
Page 1 of 3Page 18 of 151
ITEMS FOR DISCUSSION
Presentation - Columbia Basin College Master Plan
Mr. Lincoln introduced Dr. Rebekah Woods, Columbia Basin College (CBC)
President, who shared the College's 2023 Master Plan with Council. Dr. Woods
also introduced two CBC executive staff members.
Mr. Campos commented on the benefits of CBC based on his participation as a
student and graduate.
Ms. Roach commented on her CBC story.
Mayor Pro Tem Maloney expressed appreciation for the economic development
statistics and asked for the number of students from Pasco.
Mr. Milne expressed thanks for the mission of CBC.
Mayor Barajas commented on her and her son's CBC stories.
Mr. Brown expressed appreciation to CBC staff as a current student.
Downtown Pasco Development Authority (DPDA) Monthly Report February
2023
Mr. White introduced Jerry Martinez, Downtown Pasco Develop Authority (DPDA)
Executive Director, who provided a brief DPDA report.
Council positively commented on the progress of the DPDA efforts and confirmed
that the monthly reports should continue.
Ordinance - Amending Pasco Municipal Code 25.127 - Zoning from
Waterfront Development District to Mixed-Use District
Mr. White introduced Emily Weimer, AHBL representative, who provided a brief
report on proposed amendments to the Pasco Municipal Code (PM C) Chapter
25.127.
Council, Ms. Weimer and Mr. White discussed the proposed amendments to
Chapter 25.127.
Mr. White stated that staff will look at the Mixed-Use Zoning District (MU) to ensure
that Parks and open public space would be included within the MU zoning.
Update: Broadmoor Master Plan and Environmental Impact Statement
Page 2 of 3Page 19 of 151
Mr. White provided an overview related to the proposed Broadmoor Master Plan
and Environmental Impact Statement.
Mayor Pro Tem Maloney asked about open space and parks within the Broadmoor
Master Plan.
Resolution - Rescinding an Emergency Proclamation
Ms. Pashon provided a brief report related to the 2020 Mayor's Emergency
Proclamation issued due to the COVID-19 pandemic. She stated that it is time to
rescind this proclamation as the administrative orders have been updated to reflect
the needed amendments within them.
Ordinance - Amending Pasco Municipal Code, Chapter 2.05 "City Council"
Related to Open Public Meetings Act Updates
Ms. Barham provided a brief overview of the proposed updates to the Pa sco
Municipal Code (PMC) as it relates to updates within the Washington State Open
Public Meetings Act (OPMA) as the result of the COVID-19 pandemic, as well as
some other needed updates to align with current Council processes.
Resolution - WA State Dept. of Ecology Agreement for the Pasco Aquifer
Storage & Recovery Project Phase 2
Mr. Worley provided an opportunity for Council to ask questions regarding the
proposed agreement and there were none.
MISCELLANEOUS COUNCIL DISCUSSION
Ms. Roach asked if Peanuts Park available for rental.
ADJOURNMENT
There being no further business, the meeting was adjourned at 9:49 PM.
PASSED and APPROVED this __ day of ________________, 20__.
APPROVED: ATTEST:
Blanche Barajas, Mayor Debra Barham, City Clerk
Page 3 of 3Page 20 of 151
AGENDA REPORT
FOR: City Council March 2, 2023
TO: Adam Lincoln, Interim City Manager City Council Regular
Meeting: 3/6/23
FROM: Darcy Buckley, Finance Director
Finance
SUBJECT: Bills and Communications
I. REFERENCE(S):
Accounts Payable 03.06.23
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
To approve claims in the total amount of $3,834,226.76 ($2,394,202.66 in Check
Nos. 254156-254450; $320,648.16 in Electronic Transfer Nos. 839207-839301,
839304-839332, 839336-839449, 839469-839564, 839568-839665; $29,052.88
in Nos. 54275Check -Nos. Transfer Electronic in 54299; $1,090,323.06
30187023-30187621).
III. FISCAL IMPACT:
IV. HISTORY AND FACTS BRIEF:
V. DISCUSSION:
Page 21 of 151
REPORTING PERIOD:
March 6, 2023
Claims Bank Payroll Bank Gen'l Bank Electronic Bank Combined
Check Numbers 254156-254450 54275-54299
Total Check Amount $2,394,202.66 $29,052.88 Total Checks 2,423,255.54$
Electronic Transfer Numbers 839207-839301 30187023-30187621
839304-839332
839336-839449
839469-839564
839568-839665
Total EFT Amount $320,648.16 $1,090,323.06 $0.00 Total EFTs 1,410,971.22$
Grand Total 3,834,226.76$
Councilmember
1,082,123.50
13,410.01
11,250.00
161,013.73
46.02
609.21
78,188.67
10,560.63
4,692.72
25,541.47
1,316.39
2,421.48
288.49
321.34
HOTEL/MOTEL EXCISE TAX 13,847.20
644,004.46
281,603.12
31,578.57
68,943.80
167,217.26
9,706.72
1,225,541.97
GRAND TOTAL ALL FUNDS:3,834,226.76$
February 16 - March 1, 2023
C I T Y O F P A S C O
Council Meeting of:
Accounts Payable Approved
The City Council
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
6th day of March, 2023 that the merchandise or services hereinafter specified have been received and are approved for payment:
Councilmember
SUMMARY OF CLAIMS BY FUND:
GENERAL FUND
STREET
STREET OVERLAY
C.D. BLOCK GRANT
HOME CONSORTIUM GRANT
MARTIN LUTHER KING COMMUNITY CENTER
AMBULANCE SERVICE
CEMETERY
ATHLETIC PROGRAMS
ANIMAL CONTROL
SENIOR CENTER OPERATING
MULTI-MODAL FACILITY
REVOLVING ABATEMENT
ECONOMIC DEVELOPMENT
GENERAL CAP PROJECT CONSTRUCTION
UTILITY, WATER/SEWER
EQUIPMENT RENTAL - OPERATING GOVERNMENTAL
EQUIPMENT RENTAL - REPLACEMENT GOVERNMENTAL
MEDICAL/DENTAL/VISION INSURANCE
FLEX
PAYROLL CLEARING
Page 22 of 151
AGENDA REPORT
FOR: City Council February 28, 2023
TO: Adam Lincoln, Interim City Manager City Council Regular
Meeting: 3/6/23
FROM: Debra Barham, City Clerk
Executive
SUBJECT: Ordinance No. 4643 - Amending Pasco Municipal Code, Chapter 2.05
"City Council" Related to Open Public Meetings Act Updates
I. REFERENCE(S):
Draft Ordinance
House Bill - 1329
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to adopt Ordinance No. 4643, amending Pasco Municipal
Code, Chapter 2.05 “City Council” related to updates to the Washington State
Open Public Meetings Act effecting City Council’s conduct of business, including
other minor housekeeping updates within the same chapter.
III. FISCAL IMPACT:
None
IV. HISTORY AND FACTS BRIEF:
In mid-2022, the Washington State Legislature amended the Open Public
Meetings meeting remote meetings, of to related (OPMA) Act locations
attendance by members of the legislative body, online posting of regular meeting
agendas, posting of special meeting notices, receiving public comments,
recording meetings, announcing the purpose of executive sessions and the
adjournment of in-person meetings.
Some of the OPMA amendments were effective upon Governor Inslee’s
signature of House Bill (HB)-1329 on March 24, 2022, while other amendments
become effective June 9, 2022.
Page 23 of 151
At the September 12, 2022, Workshop, Council discussed their requirements for
attending Council meetings remotely and determined that remote meeting
attendance may be allowed at the Councilmember's discretion.
1. The Councilmember attending remotely will notify the Mayor and City
Manager of their virtual attendance prior to the meeting;
2. Audio, via a telephone or other electronic device, that can provide real
time communications, will be needed so that the Councilmember may be
heard and may hear the meeting in real time;
3. At the Presiding Officer's discretion, a roll call vote may be enacted for all
motions during a meeting when a Councilmember is attending remotely;
and
4. Lastly, the remote attendance option may extend to the City's Boards and
Commissions.
The OPMA required updates pertaining to Council are reflected in the draft
Ordinance amending Chapter 2.05 "City Council" of the Pasco Municipal Code
(PMC).
Other notable updates within the proposed updates to PMC Chapter 2.05, not
related to the June 2022 OPMA amendments, include the addition of:
• PMC Section 2.05.015 - Presiding officer, selection of a presiding officer
when the Mayor and Mayor Pro Tem are absent and the Presiding
officer's duties; and
• PMC Subsection 2.05.020 (1) - adding the City Council's regular
workshop meeting agenda order.
The addition of the Presiding Officer section is to address instances when there
is no Mayor or Mayor Pro Tem. An example of this situation occurs when the
Mayor and Mayor Pro Tem's terms end on the last day of December and there
is no Presiding Officer during the first meeting the following January. This
addition will serve as a guideline for Council to select a temporary Presiding
Officer until the Mayor has been elected by Council; at which time the Mayor will
preside over the remainder of the meeting. Another instance, is when both the
Mayor and Mayor Pro Tem are absent from a Council meeting, a Presiding
Officer will need to be selected by the Councilmembers present at the beginning
of the meeting, after role call is taken.
The addition of the Council regular workshop meetings in the PMC memorializes
the dates when Council meets regularly for their work sessions.
V. DISCUSSION:
Staff presented the proposed amendments to the PMC Chapter 2.05 to Council
at their February 27th Workshop.
Page 24 of 151
Staff recommends adoption of the proposed Ordinance.
Page 25 of 151
Ordinance – Amending PMC Related City Council Meetings - 1
ORDINANCE NO. ____
AN ORDINANCE OF THE CITY OF PASCO, AMENDING PASCO
MUNICIPAL CODE, CHAPTER 2.05 “CITY COUNCIL” RELATED TO
UPDATES TO THE WASHINGTON STATE OPEN PUBLIC MEETINGS ACT
EFFECTING CITY COUNCIL’S CONDUCT OF BUSINESS, AND INCLUDES
OTHER MINOR HOUSEKEEPING UPDATES WITHIN THE SAME
CHAPTER.
WHEREAS, the Washington State Legislature has amended the Open Public Meetings
Act (OPMA) related to locations of meetings, remote meeting attendance by members of the
legislative body, online posting of regular meeting agendas, posting of special meeting notices,
receiving public comments, recording meetings, announcing the purpose of executive sessions and
the adjournment of in-person meetings; and
WHEREAS, some of the OPMA amendments were effective upon Governor Inslee’s
signature of House Bill (HB)-1329 on March 24, 2022, while other amendments became effective
June 9, 2022; and
WHEREAS, to meet the new OPMA requirements, the City of Pasco Council (Council)
needs to amend the Pasco Municipal Code (PMC) Chapter 2.05 “City Council” related to regular
and special meetings, remote meeting attendance of Councilmembers, and receiving public
comments; and
WHEREAS, the other amendments within the OPMA are procedural in nature and were
addressed through the appropriate staff to ensure compliance is met including locations of
meetings, online posting of regular meeting agendas, posting of special meeting notices, recording
meetings, announcing the purpose of executive sessions and the remote access to meetings; and
WHEREAS, a housekeeping amendment is to include a new section for City Council’s
workshop meetings within the PMC.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO,
WASHINGTON DO ORDAIN AS FOLLOWS:
Section 1. That the PMC Chapter 2.05 “City Council” is hereby amended and shall
read as follows:
Chapter 2.05
CITY COUNCIL
Sections:
2.05.010 Time and place of meetings.
2.05.015 Presiding officer.
2.05.020 Regular business Mmeetings and workshops – Order of business.
Page 26 of 151
Ordinance – Amending PMC Related City Council Meetings - 2
2.05.025 Special and emergency special meetings.
2.05.030 Reimbursement for expenses.
2.05.040 Preparation and approval of minutes.
2.05.050 Consent agenda.
2.05.060 Quorum.
2.05.070 Remote Attendance.
2.05.080 Parliamentary guide.
2.05.010 Time and place of meetings.
The City Council shall normally meet in regular business meetings session at 7:00
p.m. on the first and third Mondays of each month in the City Hall; provided, that
if a regular Monday business meeting session falls on a legal holiday, the Council
shall meet in regular a business meeting session at the same time and place on the
next succeeding business day.
The City Council shall normally meet in workshop meetings at 7:00 p.m. on the
second and fourth Mondays of each month in the City Hall; provided, that if a
workshop meeting falls on a legal holiday, the Council shall meet in workshop
meeting at the same time and place on the next succeeding business day.
The City Council may cancel regular business meetings or workshops, by motion,
at their discretion.
[Ord. 3264 § 1, 1997; Ord. 3028 § 1, 1994; Ord. 1872 § 1, 1977; Code 1970
§ 2.02.010; Code 1954 § 1-3.04.]
2.05.015 Presiding officer.
The Mayor, or in the Mayor’s absence the Mayor Pro Tem, shall be the presiding
officer. In the absence of both the Mayor and the Mayor Pro Tem, the City Council
may select a temporary presiding officer. The meeting shall be called to order by
the City Clerk for the selection of a temporary presiding officer to chair the meeting.
It shall be the duty of the presiding officer to:
1) Call the meeting to order when it has not already been called to order.
2) Keep the meeting to its order of business.
3) Control discussion in an orderly manner:
a) Giving every councilmember, who so wishes, an opportunity to speak;
b) Permitting audience participation at appropriate times within the order of
business;
c) Requiring all speakers to speak to the question and to observe the rules of
order.
Page 27 of 151
Ordinance – Amending PMC Related City Council Meetings - 3
2.05.020 Regular business Mmeetings and workshops – Order of business.
1) At all regular business meetings of the City Council the order of business shall
be as follows:
1st Meeting Instructions for Remote
Access to Meeting
2nd1st Call to order
3rd2nd Roll call
3(a)2(a) Pledge of Allegiance (regular
business meetings only)
4th3rd Consent agenda (including
approval of minutes and bills and
communications)
5th4th Proclamations and
Acknowledgments
6th5th Visitors/other than agenda items
Public Comments – the public
may address Council on any items
unless it relates to any scheduled
Public Hearing, then the public
will have an opportunity to speak
during the Public Hearing.
7th6th Reports from committees and/or
officers
8th7th Public hearings and Council
action on ordinances and
resolutions relating thereto.
When a public hearing is for a
“closed record” issue, no new
evidence may be presented and
only those who participated in the
“open record hearing” in front of
the Hearing Examiner may testify
and arguments must be summary
only and not offer new evidence.
9th8th Ordinances and resolutions not
relating to public hearings and
resolutions
10th9th Unfinished business
11th10th New business
12th11th Miscellaneous Council discussion
13th12th Adjournment
Page 28 of 151
Ordinance – Amending PMC Related City Council Meetings - 4
2) At all workshop meetings of the City Council the order of business shall be as
follows:
1st Meeting Instructions for Remote
Access
2nd Call to order
3rd Roll call
3(a) Pledge of Allegiance
4th Verbal reports from
Councilmembers
5th Items for discussion
6th Miscellaneous Council discussion
7th Adjournment
[Ord. 2765 § 1, 1990; Ord. 2257 § 1, 1981; Ord. 1807 § 1, 1976; Code 1970
§ 2.02.020; Code 1954 § 1-3.08.]
2.05.025 Special and emergency special meetings.
Special meetings and emergency special meetings shall be called as provided for in
RCW 42.30, the Open Public Meetings Act, as it now exists or when it is hereafter
amended.
2.05.030 Reimbursement for expenses.
The Mayor and the members of the City Council shall be reimbursed for actual
expenses incurred in the discharge of their official duties upon the presentation of
a claim therefor and after allowance and approval thereof by the City Council. [Ord.
1807 § 2, 1976; Code 1970 § 2.02.030; Code 1954 § 1-3.12.]
2.05.040 Preparation and approval of minutes.
The City Clerk shall prepare the minutes of all regular business, workshop and
special City Council meetings. A copy of the minutes shall be prepared for approval
of the City Council at its next regular business meeting. The minutes need not be
read in open meeting except that on motion of the Council, the minutes of any
previous meeting may be read in full. The minutes of each meeting must be
approved by the City Council. [Ord. 3545 § 1, 2002; Ord. 1807 § 3, 1976; Code
1970 § 2.02.040; Code 1954 § 1-3.16.]
2.05.050 Consent agenda.
Any Councilmember may request any ordinance, resolution, rule, regulation, order
or directive, bills or minutes be placed on the consent agenda for adoption or
approval if they were previously discussed by Council and no further discussion is
needed or are regularly included within the consent agenda. All such items on the
consent agenda shall be voted on at one time by one roll call vote. Any
Councilmember or visitor at a Council meeting may request that any item, which
has been placed on the consent agenda, be removed from the consent agenda and
Page 29 of 151
Ordinance – Amending PMC Related City Council Meetings - 5
such item shall then be considered at the appropriate time and in the appropriate
order pursuant to PMC 2.05.020. [Ord. 1807 § 4, 1976; Code 1970 § 2.02.050;
Code 1954 § 1-3.20.]
2.05.060 Quorum.
At all meetings of the City Council, a majority of the Councilmembers shall
constitute a quorum for the transaction of business, but a lesser number may adjourn
from time to time. [Ord. 1807 § 5, 1976; Code 1970 § 2.02.060; Code 1954 § 1-
3.24.]
2.05.070 Remote Attendance by Councilmembers.
1) To the extent consistent with applicable state law, Councilmembers may attend
and participate in a Council meeting (business, workshop, special meeting)
remotely ("Remote Attendance") utilizing City-approved virtual platform. Any
Councilmember intending to utilize Remote Attendance for a meeting shall
provide ample notice prior to the scheduled meeting of such intent to the Mayor
and/or City Manager to allow time for staff to setup the required equipment
prior to the specified meeting. The use of virtual platform equipment shall allow
Councilmember(s) to fully participate in the meeting, allow the official minute
recording staff person to observe all activity, allow the recording system to
capture, in open session, all activity and discussion, and allow the
Councilmembers and the public to adequately see and hear the meeting
proceedings including all discussion, comments, and any voting by the
Councilmember attending remotely.
2) During any meeting a Councilmember is in Remote Attendance, the Mayor or
presiding officer shall state for the record that a particular Councilmember is
attending with Remote Attendance.
3) Any Councilmember utilizing Remote Attendance shall bear the risk that the
virtual platform being used to effectuate the Remote Attendance may
malfunction or otherwise fail to operate properly in a manner which effectively
prevents the Councilmember's attendance and participation at the meeting.
Except to the extent necessary to ensure a quorum, no such malfunction or
operational failure shall require the adjournment, continuation or cancelation of
any Council meeting, or the postponement of any Council vote; provided, that
the City Council may in its sole discretion vote to adjourn, continue or cancel a
meeting, or postpone a Council vote, as deemed appropriate to respond to a
malfunction or operational failure of the virtual platform.
4) Councilmembers utilizing Remote Attendance are responsible for ensuring
adequate connectivity is available at the physical location they are participating
from and are solely responsible for the cost of such connectivity.
5) Councilmembers should immediately report any technical difficulties with
assigned equipment to designated staff prior to or during the meeting in order
to resolve any problems prior to the scheduled meeting.
6) In the case of executive sessions, the Council may permit participation from
remote location(s) only when the Council is confident in the security of such
remote communications.
Page 30 of 151
Ordinance – Amending PMC Related City Council Meetings - 6
7) When one or more Councilmembers are attending remotely, at the discretion of
the Presiding Officer, a roll call vote for all motions will be enacted during the
meeting so that the remote Council attendee may be heard clearly.
Section 2. This Ordinance shall take full force and effect five (5) days after approval,
passage and publication as required by law.
PASSED by the City Council of the City of Pasco, Washington on this ____ day of
__________ 2023.
_____________________________
Blanche Barajas
Mayor
ATTEST: APPROVED AS TO FORM:
______________________________ ____________________________________
Debra Barham, CMC Kerr Ferguson Law, PLLC
City Clerk City Attorneys
Published: _____________________________
Page 31 of 151
CERTIFICATION OF ENROLLMENT
ENGROSSED SUBSTITUTE HOUSE BILL 1329
67th Legislature
2022 Regular Session
Passed by the House March 7, 2022
Yeas 87 Nays 11
Speaker of the House of
Representatives
Passed by the Senate March 3, 2022
Yeas 47 Nays 0
President of the Senate
CERTIFICATE
I, Bernard Dean, Chief Clerk of the
House of Representatives of the
State of Washington, do hereby
certify that the attached is
ENGROSSED SUBSTITUTE HOUSE BILL
1329 as passed by the House of
Representatives and the Senate on
the dates hereon set forth.
Chief Clerk
Approved FILED
Governor of the State of Washington
Secretary of State
State of Washington
Page 32 of 151
AN ACT Relating to public meeting accessibility and 1
participation; amending RCW 42.30.010, 42.30.030, 42.30.040, 2
42.30.050, 42.30.070, 42.30.077, 42.30.080, 42.30.090, 42.30.110, and 3
42.30.900; adding new sections to chapter 42.30 RCW; creating a new 4
section; and declaring an emergency.5
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:6
NEW SECTION. Sec. 1. The legislature finds and declares that, 7
due to technological advances since the 1971 adoption of the open 8
public meetings act, elected officials no longer conduct the public's 9
business solely at in-person meetings, but can and do utilize 10
telephonic and other electronic methods to efficiently conduct the 11
business of state and local government remotely. Further, limitations 12
on public gatherings required as the result of a disaster or 13
emergency, for example, to assist in preventing the spread of 14
infectious diseases, may affirmatively necessitate the use of 15
technology and the avoidance of in-person attendance at public 16
meetings for the conduct of governmental business. It is the policy 17
of the state that a governing body's actions, including 18
deliberations, shall be taken and conducted in the open. When the 19
public cannot observe and participate in person, it may limit 20
participation in democracy. Therefore, this act shall be construed in 21
ENGROSSED SUBSTITUTE HOUSE BILL 1329
AS AMENDED BY THE SENATE
Passed Legislature - 2022 Regular Session
State of Washington 67th Legislature 2021 Regular Session
By House Local Government (originally sponsored by Representatives
Wicks, Pollet, Taylor, Ryu, Wylie, Shewmake, Bateman, Lovick, Fey,
Morgan, Lekanoff, Harris-Talley, and Peterson)
READ FIRST TIME 02/15/21.
p. 1 ESHB 1329.PLPage 33 of 151
favor of ensuring access by the public to observe elected officials 1
when they meet pursuant to this act. It is the intent of this act to 2
modernize and update the open public meetings act emergency 3
procedures to reflect technological advances, while maintaining the 4
act's public policy that governing body's actions and deliberations 5
be taken and conducted openly while balancing public safety in 6
emergency conditions. Governing bodies are encouraged to adopt 7
resolutions or ordinances establishing where and how meetings will be 8
held in the event of an emergency, in order to allow the public to 9
more easily learn about and observe public agency action in an 10
emergent situation.11
The legislature further finds people participating in their 12
government, especially through public comment, is an essential part 13
of developing public policy. The legislature finds that there are 14
numerous developing technologies that can be used to facilitate 15
public comment, especially for those with disabilities, underserved 16
communities, and those who face time or distance challenges when 17
traveling to public meetings. Therefore, the legislature intends to 18
encourage public agencies to make use of remote access tools as fully 19
as practicable to encourage public engagement and better serve their 20
communities.21
Sec. 2. RCW 42.30.010 and 1971 ex.s. c 250 s 1 are each amended 22
to read as follows:23
The legislature finds and declares that all public commissions, 24
boards, councils, committees, subcommittees, departments, divisions, 25
offices, and all other public agencies of this state and subdivisions 26
thereof exist to aid in the conduct of the people's business. It is 27
the intent of this chapter that their actions be taken openly and 28
that their deliberations be conducted openly.29
The people of this state do not yield their sovereignty to the 30
agencies which serve them. The people, in delegating authority, do 31
not give their public servants the right to decide what is good for 32
the people to know and what is not good for them to know. The people 33
insist on remaining informed and informing the people's public 34
servants of their views so that they may retain control over the 35
instruments they have created. For these reasons, even when not 36
required by law, public agencies are encouraged to incorporate and 37
accept public comment during their decision-making process.38
p. 2 ESHB 1329.PLPage 34 of 151
Sec. 3. RCW 42.30.030 and 1971 ex.s. c 250 s 3 are each amended 1
to read as follows:2
(1) All meetings of the governing body of a public agency shall 3
be open and public and all persons shall be permitted to attend any 4
meeting of the governing body of a public agency, except as otherwise 5
provided in this chapter.6
(2) Public agencies are encouraged to provide for the increased 7
ability of the public to observe and participate in the meetings of 8
governing bodies through real-time telephonic, electronic, internet, 9
or other readily available means of remote access that do not require 10
an additional cost to access the meeting.11
NEW SECTION. Sec. 4. A new section is added to chapter 42.30 12
RCW to read as follows:13
(1) Public agencies are encouraged to make an audio or video 14
recording of, or to provide an online streaming option for, all 15
regular meetings of its governing body, and to make recordings of 16
these meetings available online for a minimum of six months.17
(2) This section does not alter a local government's 18
recordkeeping requirements under chapter 42.56 RCW.19
NEW SECTION. Sec. 5. A new section is added to chapter 42.30 20
RCW to read as follows:21
(1) If, after the declaration of an emergency by a local or state 22
government or agency, or by the federal government, a public agency 23
determines that it cannot hold a meeting of the governing body with 24
members or public attendance in person with reasonable safety because 25
of the emergency, the public agency may:26
(a) Hold a remote meeting of the governing body without a 27
physical location; or28
(b) Hold a meeting of the governing body at which the physical 29
attendance by some or all members of the public is limited due to a 30
declared emergency.31
(2) During a remote meeting, members of the governing body may 32
appear or attend by phone or by other electronic means that allows 33
real-time verbal communication without being in the same physical 34
location. For a remote meeting or a meeting at which the physical 35
attendance by some or all members of the public is limited due to a 36
declared emergency, the public agency must provide an option for the 37
public to listen to the proceedings telephonically or by using a 38
p. 3 ESHB 1329.PLPage 35 of 151
readily available alternative in real-time that does not require any 1
additional cost for participation. Free readily available options 2
include, but are not limited to, broadcast by the public agency on a 3
locally available cable television station that is available 4
throughout the jurisdiction or other electronic, internet, or other 5
means of remote access that does not require any additional cost for 6
access to the program. The public agency may also allow the other 7
electronic means of remote access.8
(3) No action may be taken at a remote meeting or a meeting at 9
which the physical attendance by some or all members of the public is 10
limited due to a declared emergency if the public agency has not 11
provided an option for the public to listen to proceedings pursuant 12
to subsection (2) of this section, except for an executive session as 13
authorized in this chapter.14
(4) Notice of a remote meeting without a physical location or a 15
meeting at which the physical attendance by some or all members of 16
the public is limited due to a declared emergency must be provided in 17
accordance with this chapter and must include instructions on how the 18
public may listen live to proceedings and on how the public may 19
access any other electronic means of remote access offered by the 20
public agency.21
(5) A remote meeting or a meeting at which the physical 22
attendance by some or all members of the public is limited due to a 23
declared emergency that is held under the provisions of this section 24
shall be considered open and public in compliance with the 25
requirements of this chapter. Nothing in this section alters the 26
ability of public agencies to take action in response to an emergency 27
as provided for in RCW 42.30.070, or to have members of a governing 28
body participate in a meeting remotely with no declared emergency.29
(6) Notwithstanding any other provision in this section, any 30
governing body of a public agency which held some of its regular 31
meetings remotely prior to March 1, 2020, may continue to hold some 32
of its regular meetings remotely with no declared emergency so long 33
as the public agency provides an option for the public to listen to 34
the proceedings pursuant to subsection (2) of this section.35
Sec. 6. RCW 42.30.040 and 2012 c 117 s 124 are each amended to 36
read as follows:37
A member of the public shall not be required, as a condition to 38
attendance at a meeting of a governing body, to register his or her 39
p. 4 ESHB 1329.PLPage 36 of 151
name and other information, to complete a questionnaire, or otherwise 1
to fulfill any condition precedent to his or her attendance. This 2
section does not prohibit any generally applicable conditions 3
determined by the governing body to be reasonably necessary to 4
protect the public health or safety, or to protect against 5
interruption of the meeting, including a meeting at which the 6
physical attendance by some or all members of the public is limited 7
due to a declared emergency.8
Sec. 7. RCW 42.30.050 and 1971 ex.s. c 250 s 5 are each amended 9
to read as follows:10
In the event that any meeting is interrupted by a group or groups 11
of persons so as to render the orderly conduct of such meeting 12
unfeasible and order cannot be restored by the removal of individuals 13
who are interrupting the meeting, the members of the governing body 14
conducting the meeting may order the meeting room cleared and 15
continue in session or may adjourn the meeting and reconvene at 16
another location selected by majority vote of the members. In such a 17
session, final disposition may be taken only on matters appearing on 18
the agenda. Representatives of the press or other news media, except 19
those participating in the disturbance, shall be allowed to attend 20
any session held pursuant to this section. Nothing in this section 21
shall prohibit the governing body from establishing a procedure for 22
readmitting an individual or individuals not responsible for 23
disturbing the orderly conduct of the meeting. Nothing in this 24
section prohibits the governing body from stopping people from 25
speaking to the governing body when not recognized by the governing 26
body to speak.27
Sec. 8. RCW 42.30.070 and 1983 c 155 s 2 are each amended to 28
read as follows:29
The governing body of a public agency shall provide the time for 30
holding regular meetings by ordinance, resolution, bylaws, or by 31
whatever other rule is required for the conduct of business by that 32
body. Unless otherwise provided for in the act under which the public 33
agency was formed, meetings of the governing body need not be held 34
within the boundaries of the territory over which the public agency 35
exercises jurisdiction. If at any time any regular meeting falls on a 36
holiday, such regular meeting shall be held on the next business day. 37
If, by reason of fire, flood, earthquake, or other emergency, there 38
p. 5 ESHB 1329.PLPage 37 of 151
is a need for expedited action by a governing body to meet the 1
emergency, the presiding officer of the governing body may provide 2
for a meeting site other than the regular meeting site, for a remote 3
meeting without a physical location, or for a meeting at which the 4
physical attendance by some or all members of the public is limited 5
due to a declared emergency, and the notice requirements of this 6
chapter shall be suspended during such emergency. It shall not be a 7
violation of the requirements of this chapter for a majority of the 8
members of a governing body to travel together or gather for purposes 9
other than a regular meeting or a special meeting as these terms are 10
used in this chapter: PROVIDED, That they take no action as defined 11
in this chapter.12
Sec. 9. RCW 42.30.077 and 2014 c 61 s 2 are each amended to read 13
as follows:14
(1) Public agencies with governing bodies must make the agenda of 15
each regular meeting of the governing body available online no later 16
than ((twenty-four)) 24 hours in advance of the published start time 17
of the meeting. An agency subject to provisions of this section ((is 18
not required to post an agenda if it does not have a website or if it 19
employs fewer than ten full-time equivalent employees)) may share a 20
website with, or have its website hosted by, another public agency to 21
post meeting agendas, minutes, budgets, contact information, and 22
other records, including any resolution or ordinance adopted by the 23
agency establishing where and how the public agency will meet in the 24
event of an emergency. Nothing in this section prohibits subsequent 25
modifications to agendas nor invalidates any otherwise legal action 26
taken at a meeting where the agenda was not posted in accordance with 27
this section. Nothing in this section modifies notice requirements or 28
shall be construed as establishing that a public body or agency's 29
online posting of an agenda as required by this section is sufficient 30
notice to satisfy public notice requirements established under other 31
laws. Failure to post an agenda in accordance with this section shall 32
not provide a basis for awarding attorney fees under RCW 42.30.120 or 33
commencing an action for mandamus or injunction under RCW 42.30.130.34
(2) A special purpose district, city, or town subject to the 35
provisions of this section is not required to post an agenda online 36
if the district, city, or town:37
(a) Has an aggregate valuation of the property subject to 38
taxation by the district, city, or town of less than $400,000,000, as 39
p. 6 ESHB 1329.PLPage 38 of 151
placed on the last completed and balanced tax rolls of the county 1
preceding the date of the most recent tax levy;2
(b) Has a population within its jurisdiction of under 3,000 3
persons; and4
(c) Provides confirmation to the state auditor at the time it 5
files its annual reports under RCW 43.09.230 that the cost of posting 6
notices on a website of its own, a shared website, or on the website 7
of the county in which the largest portion of the district's, city's, 8
or town's population resides, would exceed one-tenth of one percent 9
of the district's, city's, or town's budget.10
Sec. 10. RCW 42.30.080 and 2012 c 188 s 1 are each amended to 11
read as follows:12
(1) A special meeting may be called at any time by the presiding 13
officer of the governing body of a public agency or by a majority of 14
the members of the governing body by delivering written notice 15
personally, by mail, by fax, or by ((electronic mail)) email to each 16
member of the governing body. Written notice shall be deemed waived 17
in the following circumstances:18
(a) A member submits a written waiver of notice with the clerk or 19
secretary of the governing body at or prior to the time the meeting 20
convenes. A written waiver may be given by telegram, fax, or 21
((electronic mail)) email; or22
(b) A member is actually present at the time the meeting 23
convenes.24
(2) Notice of a special meeting called under subsection (1) of 25
this section shall be:26
(a) Delivered to each local newspaper of general circulation and 27
local radio or television station that has on file with the governing 28
body a written request to be notified of such special meeting or of 29
all special meetings;30
(b) Posted on the agency's website. An agency is not required to 31
post a special meeting notice on its website if it (((i))) does not 32
have a website((; (ii))) or share a website with another agency. 33
Except in the case of a remote meeting or a meeting at which the 34
physical attendance by some or all members of the public is limited 35
due to a declared emergency as provided for in this chapter, an 36
agency is not required to post a special meeting notice on its 37
website if it employs ((fewer than ten)) no full-time equivalent 38
employees((;)), or (((iii))) does not employ personnel whose duty, as 39
p. 7 ESHB 1329.PLPage 39 of 151
defined by a job description or existing contract, is to maintain or 1
update the website; and2
(c) Prominently displayed at the main entrance of the agency's 3
principal location and the meeting site if it is not held at the 4
agency's principal location and is not held as a remote meeting; 5
except that during a declared emergency which prevents a meeting from 6
being held in-person with reasonable safety an agency that hosts a 7
website or shares a website with another agency may instead post 8
notice of a remote meeting without a physical location on the website 9
hosted or shared by the agency.10
Such notice must be delivered or posted, as applicable, at least 11
((twenty-four)) 24 hours before the time of such meeting as specified 12
in the notice.13
(3) The call and notices required under subsections (1) and (2) 14
of this section shall specify the time and place of the special 15
meeting and the business to be transacted. Final disposition shall 16
not be taken on any other matter at such meetings by the governing 17
body.18
(4) The notices provided in this section may be dispensed with in 19
the event a special meeting is called to deal with an emergency 20
involving injury or damage to persons or property or the likelihood 21
of such injury or damage, when time requirements of such notice would 22
make notice impractical and increase the likelihood of such injury or 23
damage, or when the required notice cannot be posted or displayed 24
with reasonable safety, including but not limited to declared 25
emergencies in which travel to physically post notice is barred or 26
advised against.27
Sec. 11. RCW 42.30.090 and 2012 c 117 s 125 are each amended to 28
read as follows:29
The governing body of a public agency may adjourn any regular, 30
adjourned regular, special, or adjourned special meeting to a time 31
and place specified in the order of adjournment. Less than a quorum 32
may so adjourn from time to time. If all members are absent from any 33
regular or adjourned regular meeting the clerk or secretary of the 34
governing body may declare the meeting adjourned to a stated time and 35
place. He or she shall cause a written notice of the adjournment to 36
be given in the same manner as provided in RCW 42.30.080 for special 37
meetings, unless such notice is waived as provided for special 38
meetings. ((Whenever)) Except in the case of remote meetings without 39
p. 8 ESHB 1329.PLPage 40 of 151
a physical location as provided for in this chapter, whenever any 1
meeting is adjourned a copy of the order or notice of adjournment 2
shall be conspicuously posted immediately after the time of the 3
adjournment on or near the door of the place where the regular, 4
adjourned regular, special, or adjourned special meeting was held. 5
When a regular or adjourned regular meeting is adjourned as provided 6
in this section, the resulting adjourned regular meeting is a regular 7
meeting for all purposes. When an order of adjournment of any meeting 8
fails to state the hour at which the adjourned meeting is to be held, 9
it shall be held at the hour specified for regular meetings by 10
ordinance, resolution, bylaw, or other rule.11
Sec. 12. RCW 42.30.110 and 2019 c 162 s 2 are each amended to 12
read as follows:13
(1) Nothing contained in this chapter may be construed to prevent 14
a governing body from holding an executive session during a regular 15
or special meeting:16
(a)(i) To consider matters affecting national security;17
(ii) To consider, if in compliance with any required data 18
security breach disclosure under RCW 19.255.010 and 42.56.590, and 19
with legal counsel available, information regarding the 20
infrastructure and security of computer and telecommunications 21
networks, security and service recovery plans, security risk 22
assessments and security test results to the extent that they 23
identify specific system vulnerabilities, and other information that 24
if made public may increase the risk to the confidentiality, 25
integrity, or availability of agency security or to information 26
technology infrastructure or assets;27
(b) To consider the selection of a site or the acquisition of 28
real estate by lease or purchase when public knowledge regarding such 29
consideration would cause a likelihood of increased price;30
(c) To consider the minimum price at which real estate will be 31
offered for sale or lease when public knowledge regarding such 32
consideration would cause a likelihood of decreased price. However, 33
final action selling or leasing public property shall be taken in a 34
meeting open to the public;35
(d) To review negotiations on the performance of publicly bid 36
contracts when public knowledge regarding such consideration would 37
cause a likelihood of increased costs;38
p. 9 ESHB 1329.PLPage 41 of 151
(e) To consider, in the case of an export trading company, 1
financial and commercial information supplied by private persons to 2
the export trading company;3
(f) To receive and evaluate complaints or charges brought against 4
a public officer or employee. However, upon the request of such 5
officer or employee, a public hearing or a meeting open to the public 6
shall be conducted upon such complaint or charge;7
(g) To evaluate the qualifications of an applicant for public 8
employment or to review the performance of a public employee. 9
However, subject to RCW 42.30.140(4), discussion by a governing body 10
of salaries, wages, and other conditions of employment to be 11
generally applied within the agency shall occur in a meeting open to 12
the public, and when a governing body elects to take final action 13
hiring, setting the salary of an individual employee or class of 14
employees, or discharging or disciplining an employee, that action 15
shall be taken in a meeting open to the public;16
(h) To evaluate the qualifications of a candidate for appointment 17
to elective office. However, any interview of such candidate and 18
final action appointing a candidate to elective office shall be in a 19
meeting open to the public;20
(i) To discuss with legal counsel representing the agency matters 21
relating to agency enforcement actions, or to discuss with legal 22
counsel representing the agency litigation or potential litigation to 23
which the agency, the governing body, or a member acting in an 24
official capacity is, or is likely to become, a party, when public 25
knowledge regarding the discussion is likely to result in an adverse 26
legal or financial consequence to the agency.27
This subsection (1)(i) does not permit a governing body to hold 28
an executive session solely because an attorney representing the 29
agency is present. For purposes of this subsection (1)(i), "potential 30
litigation" means matters protected by RPC 1.6 or RCW 5.60.060(2)(a) 31
concerning:32
(i) Litigation that has been specifically threatened to which the 33
agency, the governing body, or a member acting in an official 34
capacity is, or is likely to become, a party;35
(ii) Litigation that the agency reasonably believes may be 36
commenced by or against the agency, the governing body, or a member 37
acting in an official capacity; or38
(iii) Litigation or legal risks of a proposed action or current 39
practice that the agency has identified when public discussion of the 40
p. 10 ESHB 1329.PLPage 42 of 151
litigation or legal risks is likely to result in an adverse legal or 1
financial consequence to the agency;2
(j) To consider, in the case of the state library commission or 3
its advisory bodies, western library network prices, products, 4
equipment, and services, when such discussion would be likely to 5
adversely affect the network's ability to conduct business in a 6
competitive economic climate. However, final action on these matters 7
shall be taken in a meeting open to the public;8
(k) To consider, in the case of the state investment board, 9
financial and commercial information when the information relates to 10
the investment of public trust or retirement funds and when public 11
knowledge regarding the discussion would result in loss to such funds 12
or in private loss to the providers of this information;13
(l) To consider proprietary or confidential nonpublished 14
information related to the development, acquisition, or 15
implementation of state purchased health care services as provided in 16
RCW 41.05.026;17
(m) To consider in the case of the life sciences discovery fund 18
authority, the substance of grant applications and grant awards when 19
public knowledge regarding the discussion would reasonably be 20
expected to result in private loss to the providers of this 21
information;22
(n) To consider in the case of a health sciences and services 23
authority, the substance of grant applications and grant awards when 24
public knowledge regarding the discussion would reasonably be 25
expected to result in private loss to the providers of this 26
information;27
(o) To consider information regarding staff privileges or quality 28
improvement committees under RCW 70.41.205.29
(2) Before convening in executive session, the presiding officer 30
of a governing body shall publicly announce the purpose for excluding 31
the public from the meeting place, and the time when the executive 32
session will be concluded. The executive session may be extended to a 33
stated later time by announcement of the presiding officer. The 34
announced purpose of excluding the public must be entered into the 35
minutes of the meeting required by RCW 42.30.035.36
NEW SECTION. Sec. 13. A new section is added to chapter 42.30 37
RCW to read as follows:38
p. 11 ESHB 1329.PLPage 43 of 151
(1) Except in an emergency situation, the governing body of a 1
public agency shall provide an opportunity at or before every regular 2
meeting at which final action is taken for public comment. The public 3
comment required under this section may be taken orally at a public 4
meeting, or by providing an opportunity for written testimony to be 5
submitted before or at the meeting. If the governing body accepts 6
written testimony, this testimony must be distributed to the 7
governing body. The governing body may set a reasonable deadline for 8
the submission of written testimony before the meeting.9
(2) Upon the request of any individual who will have difficulty 10
attending a meeting of the governing body of a public agency by 11
reason of disability, limited mobility, or for any other reason that 12
makes physical attendance at a meeting difficult, the governing body 13
shall, when feasible, provide an opportunity for that individual to 14
provide oral comment at the meeting remotely if oral comment from 15
other members of the public will be accepted at the meeting.16
(3) Nothing in this section prevents a governing body from 17
allowing public comment on items not on the meeting agenda.18
(4) Nothing in this section diminishes the authority of governing 19
bodies to deal with interruptions under RCW 42.30.050, limits the 20
ability of the governing body to put limitations on the time 21
available for public comment or on how public comment is accepted, or 22
requires a governing body to accept public comment that renders 23
orderly conduct of the meeting unfeasible.24
Sec. 14. RCW 42.30.900 and 1971 ex.s. c 250 s 16 are each 25
amended to read as follows:26
This chapter may be known and cited as the (("Open Public 27
Meetings Act of 1971".)) Washington state open public meetings act or 28
OPMA.29
NEW SECTION. Sec. 15. Sections 5 through 11 of this act are 30
necessary for the immediate preservation of the public peace, health, 31
or safety, or support of the state government and its existing public 32
institutions, and take effect immediately.33
--- END ---
p. 12 ESHB 1329.PLPage 44 of 151
AGENDA REPORT
FOR: City Council March 3, 2023
TO: Adam Lincoln, Interim City Manager City Council Regular
Meeting: 3/6/23
FROM: Rick White, Director
Community & Economic Development
SUBJECT: Ordinance 4634 A - Correcting Scrivener's Errors in the Legal Description.
I. REFERENCE(S):
Proposed Ordinance
Marked-up Version of Ordinance highlighting the Scrivener's errors and
corrections
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS :
MOTION: I move to adopt Ordinance No. 4634A, approving an ordinance that
corrects scrivener's errors in the original Ordinance No. 4634.
III. FISCAL IMPACT:
None.
IV. HISTORY AND FACTS BRIEF:
On January 17, 2023, Council approved Ordinance No. 4634, rezoning property
from RT (Residential Transition) to C -1 (Retail Business District).
The legal description in Ordinance No. 4634 contained several scrivener's
errors, and while the errors did not make substantive changes to Council action,
the City Attorney determined that Council review and approval Ordinance No.
4634 A was necessary.
A copy of the marked-up ordinance is attached and the highlighted text shows
the scrivener's errors and corrections.
Future rezone ordinances will contain a default statement that addresses those
prohibitions and allows administrative corrections of minor scrivener's errors.
Page 45 of 151
V. DISCUSSION:
Page 46 of 151
Ordinance No. 4634 A – Scrivener’s Error - 1
FILED FOR RECORD AT REQUEST OF:
City of Pasco, Washington
WHEN RECORDED, RETURN TO:
City of Pasco, Washington
Attn: City Clerk
525 N. 3rd Avenue
Pasco, WA 99301
_____________________________________________________________________________________
ORDINANCE NO. 4634 A
AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON,
AMENDING THE ZONING CLASSIFICATION OF CERTAIN REAL
PROPERTY LOCATED ALONG ROAD 68 ACROSS FROM THREE
RIVERS DRIVE, PASCO, FRANKLIN COUNTY, WASHINGTON,
FROM R-T TO C-1.
WHEREAS, Nicole Stickney of AHBL, on behalf of Petitioner, Randy Mullen, Lee
Eickmeyer, et al., seeks to rezone a portion of Franklin County Parcel 116030028, located in Pasco,
Franklin County, Washington; and
WHEREAS, a complete and adequate petition for change of zoning classification meeting
the requirements of Pasco Municipal Code (PMC) Section 25.210.030 was received by the City,
and after notice was issued under PMC Section 25.210.040, an open record hearing was conducted
by the Pasco Hearing Examiner on such petition on December 14, 2022; and
WHEREAS, based upon substantial evidence and demonstration of the Petitioner that: (a)
the proposal is in accord with the goals and policies of the adopted Comprehensive Plan; (b) the
effect of the proposal on the immediate vicinity is not materially detrimental; (c) there is merit and
of value in the proposal for the community as a whole; (d) any impacts of the rezone application
and anticipated development will be mitigated by the regulations and requirements of the Pasco
Municipal Code and the City of Pasco Design and Construction Standards; (e) a concomitant
agreement is not required under these circumstances; and (f) the proposed rezone is consistent with
and satisfies all criteria set forth in PMC Section 25.210.060, the Hearing Examiner has
recommended to approve the rezone, which findings and recommendation are hereby adopted by
the City Council, and the Hearing Examiner’s Report is hereby incorporated by reference as
Exhibit A hereto.
SCRIVENER’S ERRORS
This Ordinance Corrects errors in the Legal Description and text consistent therewith in
Ordinance No. 4634 dated January 17, 2023.
Page 47 of 151
Ordinance No. 4634 A – Scrivener’s Error - 2
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. That the Zoning Ordinance for the City of Pasco, Washington, and the Zoning
Map, accompanying and being part of said Ordinance, shall be and hereby is changed from R-T
(Residential Transition) to C-1 (Residential Business District) for the real property as shown in the
Exhibit B attached hereto and described as follows:
THAT PORTION OF THE NORTHEAST QUARTER OF SECTION 9,
TOWNSHIP 9 NORTH, RANGE 29 EAST, WILLAMETTE MERIDIAN,
FRANKLIN COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID NORTHEAST
QUARTER; THENCE SOUTH 89°40’37” WEST ALONG THE NORTH LINE
THEREOF A DISTANCE OF 2,506.28 FEET TO THE EASTERLY MARGIN
OF ROAD 68; THENCE SOUTH 15°01’32” EAST ALONG SAID EASTERLY
MARGIN A DISTANCE OF 1,534.42 FEET TO THE SOUTHWEST CORNER
OF THAT CERTAIN PARCEL OF LAND DESCRIBED AS SEGREGATION
AREA 3 IN QUITCLAIM DEED RECORDED UNDER AUDITORS FILE
NUMBER 1930596, RECORDS OF FRANKLIN COUNTY, WASHINGTON,
ALSO BEING THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID
EASTERLY MARGIN, NORTH 88°55’26” EAST ALONG THE SOUTH LINE
OF SAID PARCEL, A DISTANCE OF 317.67 FEET TO THE BEGINNING OF
A CURVE CONCAVE TO THE NORTH HAVING A RADIUS OF 500.00 FEET;
THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 08°08’17” A DISTANCE OF 71.02 FEET; THENCE
LEAVING SAID SOUTH LINE, SOUTH 11°39’00” EAST A DISTANCE OF
104.34 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE WEST
HAVING A RADIUS OF 578.75 FEET; THENCE SOUTHERLY ALONG THE
ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 08°45’35” A
DISTANCE OF 88.48 FEET; THENCE SOUTH 74°58’29” WEST A DISTANCE
OF 360.14 FEET TO THE SAID EASTERLY MARGIN OF ROAD 68; THENCE
NORTH 15°01’31” WEST ALONG SAID EASTERLY MARGIN A DISTANCE
OF 280.51 FEET TO THE POINT OF BEGINNING AND THE END OF THIS
DESCRIPTION.
Comprising approximately 2 acres.
Section 2. This Ordinance shall take full force and effect five (5) days after approval,
passage and publication as required by law.
Page 48 of 151
Ordinance No. 4634 A – Scrivener’s Error - 3
PASSED by the City Council of the City of Pasco, Washington, on this ____ day of March,
2023.
Blanche Barajas
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ___________________________
Debra Barham, CMC Kerr Ferguson Law, PLLC
City Clerk City Attorneys
Published: ____________________________
Page 49 of 151
FILED FOR RECORD AT REQUEST OF:
City of Pasco.Washington
WHEN RECORDED.RETURN TO:
City of Pasco.Washington
Attn:City Clerk
525 N.3”‘Avenue
Pasco,WA 9930!
ORDINANCE NO.4634
AN ORDINANCE OF THE CITY OF PASCO,WASHINGTON,
AMENDING THE ZONING CLASSIFICATION OF CERTAIN REAL
PROPERTY LOCATED ALONG ROAD -ACROSS FROM THREE
RIVERS DRIVE,PASCO,FRANKLIN COUNTY,WASHINGTON,
FROM R-T TO C-1.
WHEREAS,Nicole Stickney of AHBL,on behall‘of Petitioner,Rand Mullen,Lee
Eickme er,et al.,seeks to rezone a portion of Franklin County ParcelQPasco,Franklin County,Washington;and
WHEREAS,a complete and adequate petition for change of zoning classi?cation meeting
the requirements of Pasco municipal code (PMC)Section 25.2l0.03O was received by the City,
and after notice was issued under PMC Section 25.210040,an open record hearing was conducted
by the Pasco Hearing Examiner on such petition on December 14,2022;and
Whereas,based upon substantial evidence and demonstration of the Petitioner that:(a)
the proposal is in accord with the goals and policies of the adopted Comprehensive Plan;(b)the
effect of the proposal on the immediate vicinity is not materially detrimental;(c)there is merit and
of value in the proposal for the community as a whole;(d)any impacts of the rezone application
and anticipated development will be mitigated by the regulations and requirements of the Pasco
Municipal Code and the City of Pasco Design and Construction Standards;(e)a concomitant
agreement is not required under these circumstances;and (I)the proposed rezone is consistent with
and satis?es all criteria set forth in PMC Section 25.210060,the Hearing Examiner has
recommended to approve the rezone,which ?ndings and recommendation are hereby adopted by
the City Council.and the Hearing Examiner"s Report is hereby incorporated by reference as
Exhibit A-.
NOW THEREFORE,THE CITY COUNCIL OF THE CITY OF PASCO,
WASHINGTON,DO ORDAIN AS FOLLOWS:
Section 1.That the Zoning Ordinance for the City ofPasco,Washington,and the Zoning
Map,accompanying and being part of said Ordinance,shall be and hereby is changed from R-T
Ordinance —Rezone 2 2022-018 —ICCU—1
Page 50 of 151
(Residential Transition)to C-1 (Residential Business District)for the real property as shown in the
Exhibit B attached hereto and described as follows:
THAT PORTION OF THE NORTHEAST QUARTER OF SECTION 9,
TOWNSHIP 9 NORTH,RANGE 29 EAST,WILLAMETTE MERIDIAN.
FRANKLIN COUNTY.WASHINGTON,DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID NORTHEAST
QUARTER;THENCE SOUTH WEST ALONG THE NORTH LINE
THEREOF A DISTANCE OF FEET TO THE EASTERLY
MARGIN OF ROAD 68;THENCE SOUTH EAST ALONG SAID
EASTERLY MARGIN A DISTANCE OF FEET TO THE
SOUTHWEST CORNER OF THAT CERTAIN PARCEL OF LAND
DESCRIBED AS SEGREGATION AREA 3 IN OUITCLAIMDEED
RECORDED UNDER AUDITORS FILE NUMBER 1930596,RECORDS OF
FRANKLIN COUNTY,WASHINGTON,ALSO BEING THE TRUE POINT OF
BEGINNING;THENCE LEAVING SAID EASTERLY MARGIN,NORTH:EAST ALONG THE SOUTH LINE OF SAID PARCEL,A
DISTANCE OF 317.67 FEET TO THE BEGINNING OF A CURVE CONCAVE
TO THE NORTH HAVING A RADIUS OF 500.00 FEET;THENCE EASTERLY
ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF_
A DISTANCE OF 71.02 FEET;THENCE LEAVING SAID SOUTH
LINE,SOUTH EAST A DISTANCE OF 104.34 FEET TO THE
BEGINNING OF A CURVE CONCAVE TO THE WEST I-IAVING A RADIUS
OF 578.75 FEET;THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF
_
A DISTANCE OF 88.48
FEET;THENCE SOUTH :WEST A DISTANCE OF 360.14 FEET To
THE SAID EASTERLY MARGIN OF ROAD 68;THENCE NORTH Z
WEST ALONG SAID EASTERLY MARGIN A DISTANCE OF 280.51 FEET
TO THE POINT OF BEGINNING AND THE END OF THIS DESCRIPTION.
Comprising approximately 2 acres.
Section 2.This Ordinance shall take full force and effect five (5)days after approval,
passage and publication as required by law.
The foregoing Ordinance was passed and adopted at a regular meeting of the City Council on the
day Of .202
Blanche Barajas,
Mayor
Ordinance —Rezone Z 2022-018 —ICCU-2
Page 51 of 151
ATTEST:APPROVED AS TO FORM:
Debby Barham,CMC Kerr Ferguson Law,PLLC
City Clerk City Attorney
Published:
Ordinance -Rezone 2 2022-018 -ICCU-3
Page 52 of 151
AGENDA REPORT
FOR: City Council February 28, 2023
TO: Adam Lincoln, Interim City Manager City Council Regular
Meeting: 3/6/23
FROM: Angela Pashon, Assistant City Manager
Executive
SUBJECT: Resolution No. 4314 - Rescinding an Emergency Proclamation
I. REFERENCE(S):
Resolution
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to approve Resolution No.4314, rescinding Resolution No.
3946 ratifying the Emergency Proclamation signed by Mayor Martinez on March
16, 2020, proclaiming a civic emergency within the City Of Pasco and rescinding
all other resolutions implementing emergency orders based on Resolution No.
3946.
III. FISCAL IMPACT:
N/A
IV. HISTORY AND FACTS BRIEF:
On February 29, 2020, Washington State Governor Jay Inslee signed a
Proclamation declaring a State of Emergency existed in all counties in the State
due to the number of confirmed cases of COVID-19 in the state and directed that
the plans and procedures of the Washington State Comprehensive Emergency
Management Plan be implemented.
The City Manager initiated the City’s Continuity of Operations Plan in March
2020 in response to the threat COVID-19 represented to the community and
reported to the Mayor of the City of Pasco that a state of emergency existed
within the City based upon the spread of COVID-19 within Washington State.
The Pasco Municipal Code (PMC) 2.55.010 authorizes the Mayor to proclaim in
writing the existence of a civil emergency when circumstances demand
Page 53 of 151
immediate action to preserve public health. In the judgment of the Mayor and
City officials, it was deemed necessary at the time that extraordinary measures
were needed to protect the public health, safety, and welfare of Pasco residents,
it was undetermined if these measures would go beyond the capability of local
resources. Resolution No. 3946 ratified the Emergency Proclamation; the
Emergency Proclamation expiration was not linked to the Governor's State of
Emergency and therefor would require Council action to rescind it.
Washington’s Governor announced that the Washington State COVID -19 State
of Emergency and related emergency orders that were still in effect would be
rescinded by October 31, 2022.
V. DISCUSSION:
The draft resolution (attached) would rescind the City's Emergency Proclamation
related to Covid-19. Three City Emergency Orders require a written order to
rescind including:
• Resolution No. 3972 - Ratifying the Emergency Order No. 2020-007
relating to Temporary Changes to Outdoor Seating;
• Resolution No. 4024 - Ratifying the Emergency Order no. 2020-004.2
Relating to Extending Temporary Expansion of Administrative Paid Leave
for City of Pasco Staff; and
• Resolution No. 4025 - Ratifying the Emergency Order No. 2020-005.3
relating to Extending Temporary Change in Leave Policies.
All other Emergency Orders expired based on the State's orders/restrictions.
Staff presented the draft resolution to Council at their February 27th Workshop
and recommends approval this resolution rescinding the City's Emergency
Proclamation.
Page 54 of 151
Resolution – Rescinding Emergency Proclamation for COVID-19 - 1
RESOLUTION NO. _________
A RESOLUTION OF THE CITY OF PASCO, WASHINGTON
RESCINDING RESOLUTION NO. 3946 RATIFYING THE EMERGENCY
PROCLAMATION SIGNED BY MAYOR MARTINEZ ON MARCH 16, 2020,
PROCLAIMING A CIVIC EMERGENCY WITHIN THE CITY OF PASCO AND
RESCINDING ALL OTHER RESOLUTIONS IMPLEMENTING EMERGENCY
ORDERS BASED ON RESOLUTION NO. 3946.
WHEREAS, on January 31, 2020, the United States Department of Public Health and
Human Services Secretary Alex Azar declared a public emergency for COVID -19 beginning on
January 27, 2020; and
WHEREAS, on February 29, 2020, Washington State Governor Jay Inslee signed a
Proclamation declaring a State of Emergency exists in all counties in the State due to the number
of confirmed cases of COVID-19 in the state and directed that the plans and procedures of the
Washington State Comprehensive Emergency Management Plan be implemented; and
WHEREAS, the City Manager has initiated the City’s Continuity of Operations Plan in
response to the threat COVID-19 represents to the community and has reported to the Mayor of
the City of Pasco that a state of emergency exists within the City based u pon the spread of
COVID19 in Washington State; and
WHEREAS, PMC 2.55.010 authorized the Mayor to proclaim in writing the existence of
a civil emergency when circumstances demand immediate action to preserve public health; and
WHEREAS, Washington’s Governor announced that the Washington State COVID-19
State of Emergency and COVID-19 emergency orders that were still in effect would be rescinded
by October 31, 2022; and
WHEREAS, Resolution No. 3946 is no longer needed to preserve the public health, safety,
and welfare of the City of Pasco; and
WHEREAS, resolutions remaining in effect that implemented Emergency Orders based
on Resolution No. 3946 are no longer needed as well.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PASCO, WASHINGTON:
That Resolution No. 3946 attached hereto as Exhibit A, and all other resolutions
implementing Emergency Orders based on Resolution No. 3946 remaining in effect attached
hereto as Exhibit B are hereby rescinded.
Be It Further Resolved, that this resolution will take effect immediately.
Page 55 of 151
Resolution – Rescinding Emergency Proclamation for COVID-19 - 2
PASSED by the City Council of the City of Pasco, Washington, on this ___ day of _____,
2023.
_____________________________
Blanche Barajas
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ___________________________
Debra Barham, CMC Kerr Ferguson Law, PLLC
City Clerk City Attorneys
Page 56 of 151
RESOLUTION NO. 3946
A RESOLUTION OF THE CITY COUNCIL OF PASCO,
WASHINGTON; RATIFYING THE EMERGENCY PROCLAMATION
SIGNED BY MAYOR MARTINEZ ON MARCH 16, 2020, PROCLAIMING A
CIVIC EMERGENCY WITHIN THE CITY OF PASCO AS A RESULT OF THE
SPREAD OF COVID-19 IN BENTON AND FRANKLIN COUNTIES.
WHEREAS, on January 31, 2020, the United States Department of Public Health and
Human Services Secretary Alex Azar declared a public emergency for COVID-19 beginning on
January 27, 2020; and
WHEREAS, on February 29, 2020, Washington State Governor Jay Inslee signed a
Proclamation declaring a State of Emergency exists in all counties in the State due to the number
of confirmed cases of COVID-19 in the state and directed that the plans and procedures of the
Washington State Comprehensive Emergency Management Plan be implemented; and
WHEREAS, on March 13, 2020, President Donald Trump declared a national emergency
due to the spread of COVID-19 in the United States; and
WHEREAS, the City Manager has initiated the City's Continuity of Operations Plan in
response to the threat COVID-19 represents to the community and has reported to the Mayor of
the City of Pasco that a state of emergency exists within the City based upon the spread of COVID-
19 in Washington State; and
WHEREAS, PMC 2. 55.010 has authorized the Mayor to proclaim in writing the existence
of a civil emergency when circumstances demand immediate action to preserve public health; and
WHEREAS, the United States Center for Disease Control and Prevention identifies the
potential public health threat posed by COVID-19 as high, and has advised that person-to-person
spread of COVID-19 will continue to occur; and
WHEREAS, in the judgment of the undersigned, extraordinary measures are required to
protect the public health, safety, and welfare of Pasco residents and may go beyond the capability
of local resources. NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO,
WASHINGTON:
That all City officials, their agents and representative are hereby authorized and directed
to undertake all action necessary or desirable from time to time to carry out the emergency
proclamation, Exhibit A; all act pursuant to the authority of the proclamation to its date are hereby
ratified; and
Resolution: Proclamation Declaring an Emergency - 1
EXHIBIT A
Page 57 of 151
Be It Further Resolved, that this resolution shall take effect immediately upon it passage
and approval.
PASSED by the City Council of the City of Pasco, Washington this
16th day of March,
2020.
Saul Martinez
Mayor
ATTEST:
Debra Barham, CMC
City Clerk
Resolution: Proclamation Declaring an Emergency - 2
APPROVED AS TO FORM:
X-ef'uson Law, PLLC
Attorney
Page 58 of 151
EXHITIB A
P,
X1
61WWY_1_11111V4
WHEREAS, on January 31, 2020, the United States Department of Public Health and Human
Services Secretary Alex Azar declared a public emergency for COVID-19 beginning on January 27,
2020; and
WHEREAS, on February 29, 2020, Washington State Governor Jay Inslee signed a
Proclamation declaring a State of Emergency exists in all counties in the State due to the number
of confirmed cases of COVID-19 in the state and directed that the plans and procedures of the
Washington State Comprehensive Emergency Management Plan be implemented; and
WHEREAS, on March 13, 2020, President Donald Trump declared a national emergency due to
the spread of COVID-19 in the United States; and
WHEREAS, the City Manager has initiated the City's Continuity of Operations Plan in response
to the threat COVID-19 represents to the community and has reported to the Mayor of the City of
Pasco that a state of emergency exists within the City based upon the spread of COVID-19 in
Washington State; and
WHEREAS, PMC 2.55.010 has authorized the Mayor to proclaim in writing the existence of a
civil emergency when circumstances demand immediate action to preserve public health; and
WHEREAS, the United States Center for Disease Control and Prevention identifies the potential
public health threat posed by COVID-19 as high, and has advised that person-to-person spread of
COVID-19 will continue to occur; and
WHEREAS, in the judgment of the undersigned, extraordinary measures are required to protect
the public health, safety, and welfare of Pasco residents and may go beyond the capability of local
resources.
NOW, THEREFORE, IT IS HEREBYPROCLAIMED AS FOLLOWS.
1. Emergency Declaration A civil emergency exists within the City of Pasco, Washington,
as a result of the spread of COVID-19 in Benton and Franklin Counties. PMC 2.55.010(1)(c)
provides for the Mayor to declare an emergency when circumstances demand immediate action
to preserve public health. The outbreak of COVID-19 and the effects of its extreme risk of person-
to-person transmission throughout Washington State can significantly impact the life and health
of those living and working in Pasco, as well as continuity of operations and government at the
City, and is a public emergency that affects life, health, property, or the public peace.
2. Emergency Powers. The Mayor or his designee(s) are hereby authorized to utilize all
emergency powers and authority set forth in RCW 38.52.070 and PMC 2.55.020, including,
without limitation, the right to enter into contract, employ temporary workers and incur
obligations without regard to time-consuming procedures and formalities prescribed by law
except mandatory constitutional requirements). This Proclamation of Emergency shall be
presented to City Council for ratification as soon as practicable, in accordance with PMC
2.55.010(2).
3. State and Federal Assistance. The Mayor or his designee(s) are hereby authorized to
request all available state and federal assistance necessary to respond to this emergency.
Saul Martinez, Mayor
City of Pasco
SIGNED, this _Day of March, 2020.
Page 59 of 151
RESOLUTION NO. 3972
A RESOLUTION OF THE CITY OF PASCO RATIFYING THE EMERGENCY
ORDER RELATING TO NO. 2020-007 TEMPORARY CHANGES TO
OUTDOOR SEATING IN C-1, C-2 AND C-3 ZONES.
WHEREAS, on January 31, 2020, the United States Department of Public Health and
Human Services Secretary, Alex Azar, declared a public emergency for the novel coronavirus
COVID-19) beginning on January 27, 2020; and
WHEREAS, on February 29, 2020, Governor Jay Inslee signed a Proclamation declaring
a State of Emergency exists in all counties in the State of Washington due to the number of
confirmed cases of COVID-19 in the state and directed that plans and procedures of the
Washington State Comprehensive Emergency Management Plan be implemented; and
WHEREAS, beginning on March 11, 2020, the President of the United States, Donald J.
Trump, directed the Federal Government to take numerous emergency measures to address the
unprecedented nature of this public health crisis, including restrictions on all foreign travel outside
United States of America due to the number of confirmed cases of COVID-19 in the United States;
and
WHEREAS, on March 16, 2020, Mayor Saul Martinez proclaimed the existence of a civil
emergency pursuant to PMC 2.55.010; and
WHEREAS, on March 17, 2020, the Department of Public Health of Benton and Franklin
County announced the first local case of COVID-19; and
WHEREAS, as the COVID-19 emergency worsens, there is an increasing likelihood that
City residents, employees, and visitors will be exposed to the virus; and
WHEREAS, on March 15, 2020, Governor Jay Inslee announced the temporary closure
of all restaurants statewide, except for take -away and delivery orders; and
WHEREAS, the economic disruptions to restaurants caused by COVID-19 have placed a
sudden and severe financial strain on many restaurants and will increase the likelihood of
restaurants struggling to meet existing financial commitments and remain open during and after
the COVID-19 crisis; and
WHEREAS, the City of Pasco has determined that restaurants may more fully
accommodate patrons by utilizing outdoor spaces under the Governor's Safe Start Plan, including
adjacent sidewalks and parking areas assigned to that business; and
WHEREAS, a civil emergency pursuant to PMC 2.55.010 continues to exist.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF PASCO, WASHINGTON:
Resolution — Ratifying Emergency Order No. 2020-007 — Outdoor Seating
EXHIBIT B
Page 60 of 151
Be It Resolved, that the City Council confirms and ratifies Emergency Order 2020-007
related to Temporary Changes to Outdoor Seating in C-1, C-2 and C-3 Zones as presented in
Exhibit A, attached hereto, and
Be It Further Resolved, that this Resolution take effect the date Emergency Order 2020-
007 was signed by the Mayor of Pasco, Washington.
PASSED by the City Council of the City of Pasco, Washington this 6t" day of July, 2020.
Saul Martinez
Mayor
ATTEST: APPROVED AS TO FORM:
Debra Barham, CMC Kerr aw, PLLC
City Clerk City
Resolution — Ratifying Emergency Order No. 2020-007 — Outdoor Seating
Page 61 of 151
Pasco
OFFICE OF THE MAYOR • (509) 545-3404 • FAX (509) 545-3403
P.O. Box 293 • 525 North 31d Ave. • Pasco, WDA 99301
Emergency Order No. 2020-007
Outdoor Seating
EXHIBIT A
www.pasco-wa.gov
WHEREAS, on January 31, 2020, the United States Department of Public Health and
Human Services Secretary, Alex Azar, declared a public emergency for the novel coronavirus
COVID-19) beginning on January 27, 2020; and
WHEREAS, on February 29, 2020, Governor Jay Inslee signed a Proclamation declaring
a State of Emergency exists in all counties in the State of Washington due to the number of
confirmed cases of COVID-19 in the State and directed that plans and procedures of the
Washington State Comprehensive Emergency Management Plan be implemented; and
WHEREAS, beginning on March 11, 2020, the President of the United States, Donald J.
Trump, directed the Federal Government to take numerous emergency measures to address the
unprecedented nature of this public health crisis, including restrictions on all foreign travel outside
United States of America due to the number of confirmed cases of COVID-19 in the United States;
and
WHEREAS, on March 16, 2020, Mayor Saul Martinez proclaimed the existence of a civil
emergency pursuant to PMC 2.55.010; and
WHEREAS, on March 17, 2020, the Department of Public Health of Benton and Franklin
County announced the first local case of COVID-19; and
WHEREAS, on March 15, 2020, Governor Jay Inslee announced the temporary closure
of all restaurants statewide, except for take -away and delivery orders; and
WHEREAS, the economic disruptions to restaurants caused by COVID-19 have placed a
sudden and severe financial strain on many restaurants and will increase the likelihood of
restaurants struggling to meet existing financial commitments and remain open during and after
the COVID-19 crisis; and
WHEREAS, the City of Pasco has determined that restaurants may more fully
accommodate patrons by utilizing outdoor spaces under the Governor's Safe Start Plan, including
adjacent sidewalks and parking areas assigned to that business; and
WHEREAS, a civil emergency pursuant to PMC 2.5 5.010 continues to exist.
NOW, THEREFORE,
I, Saul Martinez, Mayor of the City of Pasco, ORDER under the emergency powers granted
to me under the Proclamation of Emergency that:
Emergency Order No. 2020-007 — Outdoor Seating
Page 62 of 151
1. The above recitals are true and correct in all respects; and
2. The City of Pasco shall allow sidewalk/cafd seating in the C-1; C-2 and C-3 Zoning
Districts and any portions of the Pasco Municipal Code that would require suspension
in order to comply with this Order, are hereby suspended. The City Manager is hereby
authorized to use his discretion to implement this Order, generally under the following
conditions:
a. Sidewalk/cafd seating plan shall be approved by the City of Pasco Community &
Economic Development Department.
b. Off-street parking areas adjacent and dedicated for restaurants may be fenced off
to provide additional seating, provided the area shall not exceed one -hundred
percent (100%) of the interior seating space of the restaurant. Required off-street
parking may be reduced by fifty percent (50%) during the duration of this
Emergency Order.
c. Handicapped parking stalls shall not be used for patron seating.
d. Fences shall be no more than 42" high, and shall be decorative metal.
e. Furnishings (tables/seating) shall be a durable material and complementary to the
decorative fencing. Fencing and furnishings shall not be permanently affixed to the
sidewalk. Fencing and furnishings shall be adequately weighted to prevent tipping.
f. Clear access for pedestrians of at least 6' shall be maintained along sidewalk
corridors at all times.
g. Maintenance of all allowed fencing and furnishings shall be the responsibility of
the business owner/applicant.
h. Additional outdoor lighting and/or signage in conjunction with the outdoor seating
may be allowed.
i. Curbside pick-up zones shall be maintained within 500' of each restaurant.
3. This Order shall be in effect until rescinded by written order.
DATED this 2 day of Jul 2020.
aul 1Vlartinez, Mayor
Attest:
C. 'K40WW_
Debra Barham, CMC
City Clerk
Emergency Order — Outdoor Seating
Page 63 of 151
RESOLUTION NO. 4024
A RESOLUTION OF THE CITY OF PASCO, WASHINGTON,
RATIFYING THE EMERGENCY ORDER NO. 2020-004.2 RELATING TO
EXTENDING TEMPORARY EXPANSION OF ADMINISTRATIVE PAID
LEAVE FOR CITY OF PASCO STAFF.
WHEREAS, on March 16, 2020, Mayor Saul Martinez proclaimed the existence of a civil
emergency pursuant to PMC 2.55.010 due to the COVID-19 emergency, which has caused a
world-wide pandemic; and
WHEREAS, the purpose of the emergency order allows the City, including its businesses
and community members, to continue to conduct business, ensuring that the safety of everyone is
secured, while maintaining the needed services for all; and
WHEREAS, the Pasco Municipal Code Section 2.55.020 (2) states that any such
emergency) orders shall, at the next regular or special meeting of the City Council, following thedatetheordersareissued, be presented to the City Council for ratification and confirmation by
resolution of the City Council and if not so ratified and confirmed, shall be of no further effect.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PASCO, WASHINGTON:
That the City Council confirms and ratifies Emergency Order 2020-004.2 related to the
extending Temporary Expansion of Administrative Paid Leave for City of Pasco Staff as presented
in EXHIBIT A, attached hereto, and
Be It Further Resolved that this Resolution takes effect the date Emergency Order 2020-
004.2 was signed by the Mayor of Pasco, Washington.
PASSED by the City Council of the City of Pasco, Washington this
4th day of
January, 2021.
Saul Martinez
Mayor
ATTEST:
Debra Barham, CMC
City Clerk
APPROVED AS TO FORM:
BS
Kerr F guy P
City Attorney
Resolution — Ratifying EO No. 2020-004.2 — Paid Administrative Leave
Page 64 of 151
Clty of
co
OFFICE OF THE MAYOR • (509) 545-3404 • FAX (509) 545-3403
P.O. Box 293 •525 North 31 Ave. • Pasco, WA 99301 www.pasco-wa.gov
Emergency Order No. 2020-004.2
Extending Administrative Authority of City Manager for the Purposes of Paid
Administrative Leave
WHEREAS, on January 31, 2020, the United States Department of Public Health and
Human Services Secretary, Alex Azar declared a public emergency for the novel coronavirus
COVID-19) beginning on January 27, 2020; and
WHEREAS, on February 29, 2020, Governor Jay Inslee signed a Proclamation declaring
a State of Emergency exists in all counties in the State of Washington due to the number of
confirmed cases of COVID-19 in the state and directed that plans and procedures of the
Washington State Comprehensive Emergency Management Plan be implemented; and
WHEREAS, beginning on March 11, 2020, the President of the United States, Donald J.
Trump, directed the Federal Government to take numerous emergency measures to address the
unprecedented nature of this public health crisis, including restrictions on all foreign travel outside
United States of America due to the number of confirmed cases of COVID-19 in the United States;
and
WHEREAS, on March 16, 2020, Mayor Saul Martinez proclaimed the existence of a civil
emergency pursuant to PMC 2.55.010; and
WHEREAS, on March 17, 2020, the Department of Public Health of Benton and Franklin
County announced the first local case of COVID-19; and
WHEREAS, as the COVID-19 emergency worsens, there is an increasing likelihood that
City residents will be exposed to the virus; and
WHEREAS, it is essential, to reduce the community spread of COVID-19, that any
employee determined to have a credible exposure to or suspected contraction of COVID-19 not
report to City facilities; and
WHEREAS, existing personnel and leave policies do not contemplate an epidemic of this
nature and may not sufficiently deter such employees from reporting to City facilities; and
WHEREAS, Emergency Order 2020-004, Expanding Administrative Authority of city
Manager for the Purposes of Paid Administrative Leave, expires on December 31, 2020; and
WHEREAS, a civil emergency pursuant to PMC 2.5 5.010 continues to exist; and
Emergency Order No. 2020-004.2
Page 65 of 151
WHEREAS, PMC 2.55.020 authorizes the Mayor to implement any such orders as are
immediately necessary for the protection of life and property; and
WHEREAS, it is necessary to impose emergency personnel requirements and pay
practices to protect life and property.
NOW, THEREFORE,
I, Saul Martinez, Mayor of the City of Pasco, ORDER under the emergency powers granted to me
under the Proclamation of Emergency that:
1. The above recitals are true and correct in all respects;
2. The City Manager's administrative authority to authorize paid administrative leave
to employees is hereby extended to the extent necessary to investigate and evaluate
benefits and programs available in the case of a City employees' exposure or
possible exposure to COVID-19 or in the event of a positive or presumptive positive
COVID-19 determination of an employee.
3. This Order shall be in effect for the duration of the Emergency Proclamation
ratified by Resolution No. 3946 or rescinded by separate written order.
DATED this 30'h day of December, 2020.
Saul Martinez, Mayor
Attest:
Debra Barham, CMC
City Clerk
Emergency Order No. 2020-004.2 2
Page 66 of 151
RESOLUTION NO. 4025
A RESOLUTION OF THE CITY OF PASCO, WASHINGTON,
RATIFYING THE EMERGENCY ORDER NO. 2020-005.3, RELATING TO
EXTENDING TEMPORARY CHANGE IN LEAVE POLICIES.
WHEREAS, on March 16, 2020, Mayor Saul Martinez proclaimed the existence of a civil
emergency pursuant to PMC 2.55.010 due to the COVID-19 emergency, which has caused a
world-wide pandemic; and
WHEREAS, the purpose of the emergency order allows the City, including its businesses
and community members, to continue to conduct business, ensuring that the safety of everyone is
secured, while maintaining the needed services for all; and
WHEREAS, the Pasco Municipal Code Section 2.55.020 (2) states that any such
emergency) orders shall, at the next regular or special meeting of the City Council, following the
date the orders are issued, be presented to the City Council for ratification and confirmation by
resolution of the City Council and if not so ratified and confirmed, shall be of no further effect.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PASCO, WASHINGTON:
That the City Council confirms and ratifies Emergency Order 2020-005.3 related to the
temporary change in leave policies as presented in EXHIBIT A, attached hereto, and
Be It Further Resolved that this Resolution takes effect the date Emergency Order 2020-
005.3 was signed by the Mayor of Pasco, Washington.
PASSED by the City Council of the City of Pasco, Washington this 4th day of January,
2021.
Saul Martinez
Mayor
ATTEST:
Debra Barham, CMC
City Clerk
APPROVED AS TO FORM:
Kerr Ferguson Law, PLLC
City Attorney
Resolution — Ratifying EO No. 2020-005.3 — Temporary Change in Leave Policies
Page 67 of 151
ps4co
OFFICE OF THE MAYOR • (509) 545-3404 • FAX (509) 545-3403
P.O. Box 293 •525 North 31d Ave. • Pasco, WA 99301 www.pasco-wa.gov
Emergency Order No. 2020-005.3
Extending Temporary Change in Leave Policies
WHEREAS, on January 31, 2020, the United States Department of Public Health and
Human Services Secretary, Alex Azar declared a public emergency for the novel coronavirus
COVID-19) beginning on January 27, 2020; and
WHEREAS, on February 29, 2020, Governor Jay Inslee signed a Proclamation declaring
a State of Emergency exists in all counties in the State of Washington due to the number of
confirmed cases of COVID-19 in the state and directed that plans and procedures of the
Washington State Comprehensive Emergency Management Plan be implemented; and
WHEREAS, beginning on March 11, 2020, the President of the United States, Donald J.
Trump, directed the Federal Government to take numerous emergency measures to address theunprecedentednatureofthispublichealthcrisis, including restrictions on all foreign travel outside
United States of America due to the number of confirmed cases of COVID-19 in the United States;
and
WHEREAS, on March 16, 2020, Mayor Saul Martinez proclaimed the existence of a civil
emergency pursuant to PMC 2.55.010; and
WHEREAS, on March 17, 2020, the Department of Public Health of Benton and Franklin
County announced the first local case of COVID-19; and
WHEREAS, as the COVID-19 emergency worsens, there is an increasing likelihood that
City residents will be exposed to the virus; and
WHEREAS, City provides essential functions within the community and a healthy
workforce is critical to continuity of such services; and
WHEREAS, existing personnel and leave policies do not contemplate an epidemic of this
nature and may not sufficiently deter such employees from reporting to City facilities; and
WHEREAS, PMC 2.105.270 and 2. 105.180 limits employee's ability to utilize accrued
vacation and sick leave during probationary period; and
WHEREAS, PMC 2. 105.280 limits employee's time off with pay covering periods of
illness or involuntary physical incapacity to the extent that sick leave has accrued;
WHEREAS, existing personnel and leave policies do not allow employees to receive
advanced emergency leave due to extraordinary medical circumstances; and
Emergency Order No. 2020-005.3
Page 68 of 151
WHEREAS, a civil emergency pursuant to PMC 2.5 5.010 continues to exist.
NOW, THEREFORE,
I, Saul Martinez, Mayor of the City of Pasco, ORDER under the emergency powers granted to me
under the Proclamation of Emergency that:
1. The above recitals are true and correct in all respects.
2. The code provisions of PMC 2. 105.270 and 2.105.180 and any other provisions of
the Pasco Municipal Code as they relate to prohibition of probationary employee
from utilization of earned sick and vacation leave, continues to be suspended.
3. The code provisions of PMC 2.105.280 and any other provisions of the Pasco
Municipal Code as they relate to accrual of sick leave, continues to be suspended,
only to the extent necessary, to authorize the City Manager to provide those
employees, without adequate sick or vacation leave balances, up to eighty (80)
hours of advanced emergency leave in the case of a City employee or their family
member having tested positive, or presumed positive, or the employee's child's
school or place of care has been closed for reasons related to COVID-19.
4. Employees utilizing advanced emergency leave under this order shall pay back the
time through a portion of future earned sick or vacation leave accruals until the
amount of advanced emergency leave utilized is extinguished, or is deducted from
any pay due the employee upon separation.
5. This Order shall be in effect for the duration of the Emergency Proclamation ratified
by Resolution No. 3946 or terminated by separate written order.
DATED this 30 day of December, 2020.
Saul Martinez, Mayor
Attest:
Debra Barham, CMC
City Clerk
Emergency Order No. 2020-005.3
Page 69 of 151
AGENDA REPORT
FOR: City Council February 16, 2023
TO: Adam Lincoln, Interim City Manager City Council Regular
Meeting: 3/6/23
FROM: Steve Worley, Director
Public Works
SUBJECT: *Resolution No. 4315 - Bid Award Wastewater Treatment Plant
Improvements Phase 2B
I. REFERENCE(S):
Resolution
Vicinity Map
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to approve Resolution No. 4315, awarding the Wastewater
Treatment AProject to Advanced 2B Improvements Plant Phase merican
Construction, Inc. of Portland, Oregon, in the amount of $6,796,557.90 including
Washington State Sales Tax, and further, authorize the Interim City Manager to
execute the contract documents.
III. FISCAL IMPACT:
Phase 2B Construction Contract Total: $6,796,557.90
Funding Sources for this project (Phases 2A and 2B to share funds):
• Low Interest Loan, Department of Ecology ($32.5 million - Project is
ranked #8 on State FY 2024 Draft Water Quality Funding Offer Li st)
• Secured Revenue Bond ($5.5 million)
Total estimated construction costs for Phase 2B are $9.9 million. Remaining
funds will be used by the Phase 2A project.
IV. HISTORY AND FACTS BRIEF:
The referenced construction project encompasses Phase 2B of th e next phase
of planned improvements and modifications to the City's existing municipal
wastewater treatment plant (WWTP). Phase 2B will be performed on land and
Page 70 of 151
underwater and covers the outfall pipe improvements. Approximately 1,600
linear feet of new 42-inch diameter outfall piping will be built, most of which will
be constructed within the Columbia River. This phase also includes removal of
the existing 24-inch diameter outfall pipe and associated riverbed restoration.
Phase 2A planned improvements will be done via a separate construction
contract and comprise the in-plant work.
V. DISCUSSION:
As part of a competitive formal bidding process, the City solicited sealed public
bids for the WWTP Improvements Phase 2B project beginning January 6, 2023.
Bids for the project were received electronically and opened at 2:00 PM on
February 15, 2023, at Pasco City Hall. A total of three (3) sealed bids were
received. The lowest apparent bid was submitted by Advanced American
Construction, Inc. of Portland, Oregon, in the amount of $6,796,557.90, including
Washington State Sales Tax. The Engineer's Estimate for the project is
$7,511,715.09 and within the biennial budget appropriation. Advanced American
Construction, Inc. was deemed to be a responsive and responsible bidder.
Bid Tabulation
Advanced American
Construction, Inc. $ 6,796,557.90
Goodman & Mehlenbacher
Enterprises, Inc. $ 11,188,669.14
Northbank Civil and Marine,
Inc. $ 11,682,585.09
Staff reviewed the bid submittal and finds no exceptions or irregularities. The bid
is within the budget appropriation. Accordingly, staff recommends award of the
bid by resolution to Advanced American Construction, Inc. of Portland, Oregon,
in the amount of $6,796,557.90, including Washington State Sales Tax.
Page 71 of 151
Resolution Bid Award WWTP PH 2B - 1
RESOLUTION NO. _________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PASCO,
WASHINGTON, AWARDING BID NO. 21237B, WASTEWATER
TREATMENT PLANT IMPROVEMENTS PHASE 2B PROJECT, TO
ADVANCED AMERICAN CONSTRUCTION, INC. OF PORTLAND,
OREGON.
WHEREAS, the City of Pasco has an identified capital improvement public works project
described as the Wastewater Treatment Plant (WWTP) Improvements Phase 2B Project; and
WHEREAS, the City solicited sealed public bids for this capital improvement public
works project, identified as Bid No. 21237B, WWTP Improvements Phase 2B project beginning
January 6, 2023; and
WHEREAS, on February 15, 2023, at 2:00 p.m., three (3) bids were received and opened
by the City; and
WHEREAS, the lowest responsive bidder was Advanced American Construction, Inc., in
the amount of $6,796,557.90, including Washington State Sales Tax, and the Engineer’s
Construction Cost Estimate was $7,497,919.47; and
WHEREAS, the bid documentations were reviewed, and the lowest 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 awards the construction contract for Bid No. 21237B, Wastewater Treatment
Plant Improvements Phase 2B Project to Advanced American Construction, Inc. of Portland,
Oregon in the amount of $6,796,557.90, including Washington State Sales Tax, and further
authorizes the Interim City Manager to execute the contract documents; and
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, on this 6th day of March,
2023.
Blanche Barajas
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ___________________________
Debra Barham, CMC Kerr Ferguson Law, PLLC
City Clerk City Attorneys
Page 72 of 151
LOCATION MAPPage 73 of 151
AGENDA REPORT
FOR: City Council February 28, 2023
TO: Adam Lincoln, Interim City Manager City Council Regular
Meeting: 3/6/23
FROM: Steve Worley, Director
Public Works
SUBJECT: Resolution No. 4316 - WA ST Department of Ecology Agreement for the
Pasco Aquifer Storage & Recovery Project Phase 2
I. REFERENCE(S):
Resolution
Agreement
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to approve Resolution No. 4316, authorizing the Interim City
Manager to execute the grant agreement with the Washington State Department
of Ecology for the Aquifer Storage and Recovery Feasibility Study - Phase II
Project.
III. FISCAL IMPACT:
The City was awarded $348,967.00 from the Washington State Department of
Ecology (Ecology) for the Aquifer Storage and Recovery (ASR) Feasibility
Study - Phase II Project to provide benefits for the Columbia River Basin.
Agreement effective date will be March 1, 2023, with an expiration of March 31,
2023.
IV. HISTORY AND FACTS BRIEF:
The City of Pasco (City) is evaluating the feasibility of developing an ASR
program that would allow storing surplus water available from the City’s existing
supply sources in aquifers beneath the City for use during periods of peak -
season demand. The concept for a potential future Pasco ASR program would
include withdrawing water from existing supply sources (Columbia River or
groundwater wells) during the winter months when demands for water are low,
injecting and storing that water in an aquifer system beneath the City using a
well or series of wells, and recovering the stored water from those same wells to
meet peak summer demands. This would allow the City to augment pea k-season
demand needs and help meet projected demand shortfalls without increasing
Page 74 of 151
permitted withdrawals from the Columbia River during the low -flow summer
months.
A successful Pasco ASR program would allow the City to optimize use of their
portion of the Quad City water right permit and increase the sustainability and
resiliency of their existing water supply sources.
An initial feasibility study was completed for the Pasco ASR (also funded by
Ecology). The findings from that study suggest a Pasco AS R program appears
feasible. This is because the City is situated in a geologic region where the vast
majority of operational ASR systems in the Pacific Northwest are located,
including active ASR facilities currently operated by the cities of Kennewick,
Walla Walla, and Pendleton.
From a geological perspective the underlying Umatilla Member of the Saddle
Mountains Basalt and the Frenchman Springs Member of the Wanapum Basalt
have been identified as potential storage aquifers for a Pasco ASR program.
Additional work, however, is recommended to further understand ASR feasibility
given the general lack of specific data on the target storage aquifers.
Building upon existing and available information compiled and evaluated as part
of the initial Pasco ASR feasibility study, this next phase of the study will address
hydrogeologic and water quality data gaps identified for the two candidate basalt
storage aquifers prior to conducting any site-specific exploratory or test well
drilling investigations and will complete a preliminary water quality evaluation to
assess geochemical compatibility between source water and basalt
groundwater. The water quality evaluation also will include a preliminary
assessment of all known, available, and reasonable methods of prevent ion,
control, and treatment (AKART) to identify the likely best approach to reduce or
eliminate constituents that might violate the State’s anti -degradation policy
(Chapter 173-200-030 WAC).
Recommended next steps prior to conducting any site -specific drilling and
testing investigations include: (1) conducting reconnaissance surveys of key
basalt wells in the area, (2) collecting and analyzing ASR supply water and proxy
groundwater quality samples, and (3) completing a geochemical compatibility
assessment to evaluate for potential adverse geochemical reactions between
ASR supply water and groundwater and to identify contaminants likely to exceed
groundwater quality criteria or baseline groundwater quality conditions.
This project will build upon work completed by GSI Water Solutions, Inc. under
the first phase of the Pasco ASR Feasibility Study.
Page 75 of 151
V. DISCUSSION:
The goal of a potential future Pasco ASR program would be to maintain robust
and sustainable long-term water supplies for the City of Pasco without expanding
use of summer dry-season sources. By utilizing existing water rights in times of
surplus supply to store water for later use, the City can optimize its supply
portfolio in an environmentally sustainable way.
The overall goal of this second phase of the project is to fill key data gaps
identified during the initial Pasco ASR Feasibility Study prior to moving to the
next conducting of phase site-and drilling exploratory testing specific
investigations to further assess feasibility and to guide a future ASR drilling and
testing program.
This item was discussed at the February 27, 2023, Council Workshop. Staff
recommends Ecology approval of the Washington State Department of
Agreement for the ASR Phase II Project.
Page 76 of 151
Resolution – Ecology ASR Phase II Grant Agreement. - 1
RESOLUTION NO. _______
A RESOLUTION OF THE CITY OF PASCO, WASHINGTON,
AUTHORIZING THE INTERIM CITY MANAGER TO EXECUTE THE
GRANT AGREEMENT WITH THE WASHINGTON STATE DEPARTMENT
OF ECOLOGY FOR THE AQUIFER STORAGE AND RECOVERY
FEASIBILITY STUDY – PHASE II PROJECT.
WHEREAS, on October 29, 2020, the City of Pasco (City) awarded GSI Water Solutions,
Inc. the Aquifer Storage and Recovery (ASR) Phase I Project; and
WHEREAS, the City is evaluating the feasibility of developing an ASR program that
would allow storing surplus water available from the City’s existing supply so urces in aquifers
beneath the City for use during periods of peak-season demand; and
WHEREAS, this project will build upon work completed under the first phase of the Pasco
ASR Feasibility Study; and
WHEREAS, to help fund this second phase, the City applied for and received a funding
award from the Washington State Department of Ecology in the amount of $348,967.00 through
the Office of Columbia River; and
WHEREAS, these funds will be used to gather additional information to fill key data gaps
identified during the initial Pasco ASR Feasibility Study prior to conducting any site-specific
exploratory drilling and testing investigations to further assess feasibility and to guide a future
ASR drilling and testing program; and
WHEREAS, the City is required to enter into an agreement with Ecology for access to
funds awarded to the City.
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 Interim City Manager for
the City of Pasco to execute the funding agreement with the Department of Ecology, a copy of
which is attached hereto and incorporated herein by this reference as Exhibit A; and to make minor
substantive changes as necessary to execute the agreement.
Page 77 of 151
Resolution – Ecology ASR Phase II Grant Agreement. - 2
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, on this ____ day of
___________, 2023.
_____________________________
Blanche Barajas
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ __________________________
Debra Barham, CMC Kerr Ferguson Law, PLLC
City Clerk City Attorneys
Page 78 of 151
Agreement No. WROCR-2123-Pasco-00033
WATER RESOURCES COLUMBIA RIVER BASIN WATER MANAGEMENT AGREEMENT
BETWEEN
THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY
AND
PASCO CITY OF
This is a binding Agreement entered into by and between the state of Washington, Department of Ecology, hereinafter
referred to as “ECOLOGY,” and PASCO CITY OF, hereinafter referred to as the “RECIPIENT,” to carry out with the
provided funds activities described herein.
City of Pasco Aquifer Storage and Recovery (ASR)
Feasibility Study–PhaseII
GENERAL INFORMATION
Project Title:
Total Cost:
Total Eligible Cost:
Ecology Share:
Recipient Share:
The Effective Date of this Agreement is:
The Expiration Date of this Agreement is no later than:
Project Type:
Project Short Description:
The City of Pasco (City) is evaluating the feasibility of developing an ASR program that would allow storing surplus
water available from the City’s existing supply sources in aquifers beneath the City for use during periods of
peak-season demand. This project will build upon work completed under the first phase of the Pasco ASR Feasibility
Study.
Project Long Description:
The City of Pasco (City) is evaluating the feasibility of developing an ASR program that would allow storing surplus
water available from the City’s existing supply sources in aquifers beneath the City for use during periods of
peak-season demand. The concept for a potential future Pasco ASR program would include withdrawing water from
existing supply sources during the winter months when demands for water are low, injecting and storing that water in an
aquifer system beneath the City using a well or series of wells, and recovering the stored water from those same wells to
$348,967.00
$348,967.00
$348,967.00
$0.00
03/01/2023
03/31/2026
OCR Grant
EXHIBIT A
Page 79 of 151
Page 2 of 27State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WROCR-2123-Pasco-00033
City of Pasco Aquifer Storage and Recovery (ASR) Feasibility Study–PhaseII
PASCO CITY OF
meet peak summer demands. This would allow the City to augment peak-season demand needs and help meet
projected demand shortfalls without increasing permitted withdrawals from the Columbia River during the low-flow
summer months. A successful Pasco ASR program would allow the City to optimize use of their portion of the Quad
City water right permit and increase the sustainability and resiliency of their existing water supply sources.
Findings from the initial feasibility study suggest that development of a Pasco ASR program appears feasible . The City is
situated in a geologic region where the vast majority of operational ASR systems in the Pacific Northwest are located ,
including active ASR facilities currently operated by the cities of Kennewick , Walla Walla, and Pendleton. The Umatilla
Member of the Saddle Mountains Basalt and the Frenchman Springs Member of the Wanapum Basalt have been
identified as potential storage aquifers for a Pasco ASR program . Additional work however, is recommended to better
understand ASR feasibility given the general lack of specific data on the target storage aquifers .
Building upon existing and available information compiled and evaluated as part of the initial Pasco ASR feasibility study ,
this next phase of the study will address hydrogeologic and water quality data gaps identified for the two candidate
basalt storage aquifers prior to conducting any site-specific exploratory or test well drilling investigations, and will
complete a preliminary water quality evaluation to assess geochemical compatibility between source water and basalt
groundwater. The water quality evaluation also will include a preliminary assessment of all known, available, and
reasonable methods of prevention, control, and treatment (AKART) to identify the likely best approach to reduce or
eliminate constituents that might violate the State’s anti -degradation policy (Chapter 173-200-030 WAC).
Recommended next steps prior to conducting any site-specific drilling and testing investigations include (1) conducting
reconnaissance surveys of key basalt wells in the area, (2) collecting and analyzing ASR supply water and proxy
groundwater quality samples, and (3) completing a geochemical compatibility assessment to evaluate for potential
adverse geochemical reactions between ASR supply water and groundwater and to identify contaminants likely to
exceed groundwater quality criteria or baseline groundwater quality conditions.
Overall Goal:
The goal of a potential future Pasco ASR program would be to maintain robust and sustainable long -term water supplies
for the City of Pasco without expanding use of summer dry-season sources. By utilizing existing water rights in times of
surplus supply to store water for later use, the City can optimize its supply portfolio in an environmentally sustainable
way.
The overall goal of this phase of the project is to fill key data gaps identified during the initial Pasco ASR Feasibility
Study prior to conducting any site-specific exploratory drilling and testing investigations to further assess feasibility and
to guide a future ASR drilling and testing program.
Template Version 12/10/2020 Page 80 of 151
Page 3 of 27State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WROCR-2123-Pasco-00033
City of Pasco Aquifer Storage and Recovery (ASR) Feasibility Study–PhaseII
PASCO CITY OF
RECIPIENT INFORMATION
Organization Name:
Federal Tax ID:
Mailing Address:
Physical Address:
Contacts
Organization Email:
Organization Fax:
PASCO CITY OF
91-6001264
PO Box 293
Pasco, WA 99301
525 N Third Ave
Pasco, Washington 99301
worleys@pasco-wa.gov
(509) 543-5728
Template Version 12/10/2020 Page 81 of 151
Page 4 of 27State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WROCR-2123-Pasco-00033
City of Pasco Aquifer Storage and Recovery (ASR) Feasibility Study–PhaseII
PASCO CITY OF
Steve Worley
Public Works Director
525 N Third Ave
Pasco, Washington 99301
Email: worleys@pasco-wa.gov
Phone: (509) 545-3445
Authorized
Signatory
Janette Romero
Admin Assistant II
525 N Third Ave
Pasco, Washington 99301
Email: romeroj1@pasco-wa.gov
Phone: (509) 543-5738
Billing Contact
Project Manager
Authorized
Signatory
Steve Worley
Public Works Director
525 N Third Ave
Pasco, Washington 99301
Email: worleys@pasco-wa.gov
Phone: (509) 545-3445
Template Version 12/10/2020 Page 82 of 151
Page 5 of 27State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WROCR-2123-Pasco-00033
City of Pasco Aquifer Storage and Recovery (ASR) Feasibility Study–PhaseII
PASCO CITY OF
Contacts
Project
Manager
Financial
Manager
Technical
Advisor
Scott Tarbutton
4601 N Monroe Street
Spokane, Washington 99205-1295
Email: scta461@ecy.wa.gov
Phone: (509) 867-6534
Harmony Gehlert
PO Box 47600
Olympia, Washington 98504-7600
Email: HGEH461@ecy.wa.gov
Phone: (564) 669-3605
Scott Tarbutton
4601 N Monroe Street
Spokane, Washington 99205-1295
Email: scta461@ecy.wa.gov
Phone: (509) 867-6534
ECOLOGY INFORMATION
Mailing Address:
Physical Address:
Department of Ecology
Office of the Columbia River
PO BOX 47600
Olympia, WA 98504-7600
Office of the Columbia River
300 Desmond Drive SE
Lacey, WA 98503
Template Version 12/10/2020 Page 83 of 151
Page 6 of 27State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WROCR-2123-Pasco-00033
City of Pasco Aquifer Storage and Recovery (ASR) Feasibility Study–PhaseII
PASCO CITY OF
AUTHORIZING SIGNATURES
RECIPIENT agrees to furnish the necessary personnel , equipment, materials, services, and otherwise do all things necessary
for or incidental to the performance of work as set forth in this Agreement .
RECIPIENT acknowledges that they had the opportunity to review the entire Agreement , including all the terms and conditions
of this Agreement, Scope of Work, attachments, and incorporated or referenced documents, as well as all applicable laws,
statutes, rules, regulations, and guidelines mentioned in this Agreement . Furthermore, the RECIPIENT has read, understood,
and accepts all requirements contained within this Agreement .
This Agreement contains the entire understanding between the parties , and there are no other understandings or representations
other than as set forth, or incorporated by reference, herein.
No subsequent modifications or amendments to this agreement will be of any force or effect unless in writing , signed by
authorized representatives of the RECIPIENT and ECOLOGY and made a part of this agreement . ECOLOGY and
RECIPIENT may change their respective staff contacts without the concurrence of either party .
This Agreement shall be subject to the written approval of Ecology’s authorized representative and shall not be binding until so
approved.
The signatories to this Agreement represent that they have the authority to execute this Agreement and bind their respective
organizations to this Agreement.
Washington State
Department of Ecology
Office of the Columbia River
Date Date
PASCO CITY OF
G. Thomas Tebb, L.Hg., L.E.G.
Public Works Director
Steve Worley
By:By:
Template Approved to Form by
Attorney General's Office
Director
Template Version 12/10/2020 Page 84 of 151
Page 7 of 27State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WROCR-2123-Pasco-00033
City of Pasco Aquifer Storage and Recovery (ASR) Feasibility Study–PhaseII
PASCO CITY OF
Interim City Manager Date
Adam Lincoln
Template Version 12/10/2020 Page 85 of 151
Page 8 of 27State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WROCR-2123-Pasco-00033
City of Pasco Aquifer Storage and Recovery (ASR) Feasibility Study–PhaseII
PASCO CITY OF
SCOPE OF WORK
Task Number:1 Task Cost: $0.00
Task Title:Project Administration/Management
Task Description:
A. The RECIPIENT will administer the project. Responsibilities will include, but not be limited to: maintenance of project
records; submittal of requests for reimbursement and corresponding backup documentation, progress reports and recipient
closeout report (including photos); compliance with applicable procurement, contracting, and interlocal agreement
requirements; application for, receipt of, and compliance with all required permits, licenses, easements, or property rights
necessary for the project; and submittal of required performance items.
B. The RECIPIENT must manage the project. Efforts will include: conducting, coordinating, and scheduling project activities
and assuring quality control. Every effort will be made to maintain effective communication with the RECIPIENT 's designees;
the DEPARTMENT; all affected local, state, or federal jurisdictions; and any interested individuals or groups. The
RECIPIENT must carry out this project in accordance with any completion dates outlined in this agreement .
Task Goal Statement:
Properly managed project that meets agreement and Ecology administrative requirements.
Task Expected Outcome:
* Timely and complete submittal of requests for reimbursement , quarterly progress reports and recipient closeout report.
* Properly maintained project documentation
Recipient Task Coordinator: Steve M. Worley, PE
Deliverables
Project Administration/Management
Number Description Due Date
1.1 Progress Reports 06/30/2023
1.2 Recipient Closeout Report 03/31/2026
Template Version 12/10/2020 Page 86 of 151
Page 9 of 27State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WROCR-2123-Pasco-00033
City of Pasco Aquifer Storage and Recovery (ASR) Feasibility Study–PhaseII
PASCO CITY OF
SCOPE OF WORK
Task Number:2 Task Cost: $55,103.00
Task Title:Basalt Well Reconnaissance Surveys
Task Description:
Three deep basalt wells identified as part of the initial feasibility study were recognized as key wells that could potentially
provide additional information to further assess ASR feasibility prior to designing and conducting any site -specific exploratory
drilling or basalt test well installations. Two of the wells were drilled for the U.S. Government Naval Air Station circa 1943. The
wells are approximately 1,050-feet deep and are located somewhere near the Tri -Cities Airport. Based on their reported
depths, the wells may be completed in the upper portion of the Wanapum Basalt . No construction diagrams were discovered
for these wells and their status is unknown. An additional deep basalt well (Welch’s well) is in north Kennewick south of the
study area. Based on the geologist and driller’s logs , the Welch’s well penetrated an interflow zone within the Umatilla Member
that was approximately 50 feet thick and capable of very high groundwater yields.
Specific work activities to be completed as part of this task include:
•Review water rights information and parcel maps to help identify the actual locations and owners of the wells.
•Obtain and review drillers’ logs for the airport wells that Durand & Son drilled in the early 1940’s for the U.S. government.
We understand that the logs are not available in Ecology’s well log database and that the Durand family donated all their well
logs and notes to Whitman College.
•Prepare for and conduct a site visit of the wells to evaluate their availability for video surveying, groundwater level
monitoring, pump testing, geophysical logging, and water quality sampling.
•Prepare a draft technical memorandum and lead a presentation for Ecology that will summarize findings and recommend
next steps.
•Prepare a final technical memorandum based on Ecology review/comment.
Should results indicate that the wells are available for evaluation and testing, a scope of work and budget amendment for this
task will be prepared and requested to conduct the following anticipated work activities:
•Develop a work plan and Quality Assurance Project Plan (QAPP) for the recommended well evaluations, testing and
sampling activities. Development of the plans will be completed in close coordination with and input from Ecology.
•Prepare technical specifications for bidding/contracting a licensed water well contractor to assist with the investigative
work.
•Develop a project-specific health and safety plan for field activities.
•Provide field oversight for the recommended investigative activities and conduct field work according to the approved
work plan and QAPP.
•Prepare a technical memorandum and lead a presentation for Ecology that will summarize work completed and results from
the investigation, and that will provide a recommendation to proceed with Task 3 or to reevaluate next steps before moving
forward.
•Prepare a final technical memorandum based on Ecology review/comment.
Task Goal Statement:
The objective of this task is to facilitate filling key hydrogeologic and water quality data gaps to the extent possible with the
purpose of further assessing ASR feasibility prior to designing and conducting any costly site -specific exploratory drilling or
basalt test well installations.
Template Version 12/10/2020 Page 87 of 151
Page 10 of 27State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WROCR-2123-Pasco-00033
City of Pasco Aquifer Storage and Recovery (ASR) Feasibility Study–PhaseII
PASCO CITY OF
Task Expected Outcome:
The expected outcomes of this task include a confirmation on the location and status of the three key basalt wells, summary of
any additional hydrogeologic information discovered, and determination on whether the wells could be accessed for video
surveying, groundwater level monitoring, pump testing, geophysical logging, and/or water quality sampling. The information
gathered in this task will be included in a draft and final technical memorandum.
Additional task outcomes will be identified through the budget amendment scoping process should the wells be available for
evaluation and/or testing. Should the wells not be available for further evaluation and/or testing, the work proposed under
subsequent Tasks 3 and 4 will be reassessed and a subsequent amendment to this agreement may be needed depending on
agreed-upon next steps.
Recipient Task Coordinator: Steve M. Worley, PE
Deliverables
Basalt Well Reconnaissance Surveys
Number Description Due Date
2.1 Draft Technical Memorandum and presentation to Ecology 06/29/2023
2.2 Presentation meeting notes 07/13/2023
2.3 Final Technical Memorandum 07/31/2023
Template Version 12/10/2020 Page 88 of 151
Page 11 of 27State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WROCR-2123-Pasco-00033
City of Pasco Aquifer Storage and Recovery (ASR) Feasibility Study–PhaseII
PASCO CITY OF
SCOPE OF WORK
Task Number:3 Task Cost: $220,059.00
Task Title:Water Quality Evaluation
Task Description:
Collect water quality samples from the City’s West Pasco water treatment plant and Columbia River Intake and submit for
comprehensive analyses by a State accredited water quality laboratory. Eight water quality samples will be collected from each
identified sample location over a period of at least one year and analyzed to establish baseline conditions and water quality
variability according to Ecology’s Implementation Guidance for the Ground Water Quality Standards (Publication # 96-02).
The water quality sampling program will be developed in close coordination with and input from Ecology.
If findings from Task 2 are favorable and Ecology authorizes the work to continue, the specific work activities to be completed
as part of this Task 3 will include:
•Plan for and lead water quality evaluation planning meeting with Ecology.
•Develop a work plan and QAPP for water quality sampling and analyses .
•Coordinate with and incorporate input from Ecology on preparation of the work plan and QAPP.
•Develop a project-specific health and safety plan for field activities.
•Plan for and coordinate all water quality sampling events with the City and analytical laboratory.
•Monitor field parameters and collect water quality samples according to Ecology-approved work plan and QAPP.
•Tabulate and summarize water quality laboratory test results and compare against drinking water and groundwater quality
standards (Chapters 246-290-310 and 173-200-040 WAC).
•Compare source water quality results against native groundwater quality data from the deep basalt wells during Task 2, and
mineralogical and whole-rock composition data of the aquifer solids from the City of Kennewick ASR -1 feasibility study to
complete a preliminary geochemical compatibility assessment. The geochemical compatibility assessment would evaluate the
effect of potential geochemical reactions resulting from interactions between source water , receiving groundwater, and aquifer
solids on well performance and on the quality of the native groundwater and source water recovered from storage.
•Conduct a preliminary AKART analysis and prepare a draft overriding consideration of the public interest (OCPI)
determination request. The preliminary AKART analysis and draft OCPI determination will be completed to evaluate the best
approach to reduce or eliminate constituents that might violate the anti-degradation policy and to evaluate other strategies or
approaches for meeting water quality criteria and the State’s anti -degradation policy. The AKART analysis and OCPI
determination will be conducted according to Ecology’s Guidance for Aquifer Storage and Recovery AKART Analysis and
Overriding Consideration of the Public Interest Demonstration (Publication No. 17-10-035).
Task Goal Statement:
The objective of this task is to assess whether the State’s groundwater quality standards can be met , with the purpose of
identifying water treatment and infrastructure alternatives potentially available to reduce environmental risks of a future Pasco
ASR program.
Task Expected Outcome:
The expected outcomes should Ecology authorize work to continue under this Task 3 will include findings from the water
quality evaluation, preliminary AKART analysis, and draft OCPI determination request based on existing and available
treatability data and provisions within Chapter 173-200 WAC. The expected outcomes also will include planning-level cost
estimates for wellhead treatment based on the viable options identified and a recommendation to meet compliance with State
Template Version 12/10/2020 Page 89 of 151
Page 12 of 27State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WROCR-2123-Pasco-00033
City of Pasco Aquifer Storage and Recovery (ASR) Feasibility Study–PhaseII
PASCO CITY OF
groundwater quality standards. If the proposed work under Task 3 is not authorized by Ecology, an amendment to this
agreement may be needed depending on agreed-upon next steps.
Recipient Task Coordinator: Steve M. Worley, PE
Deliverables
Water Quality Evaluation
Number Description Due Date
3.1 Draft Work Plan and Quality Assurance Project Plan (QAPP) to Ecology 06/29/2023
3.2 Final Work Plan and QAPP 08/31/2023
3.3 Draft Water Quality Evaluation, preliminary AKART Analysis, and OCPI
Determination Request Technical Memorandums and presentation to Ecology
06/26/2025
3.4 Presentation meeting notes 07/17/2025
3.5 Final Technical Memorandums 07/31/2025
Template Version 12/10/2020 Page 90 of 151
Page 13 of 27State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WROCR-2123-Pasco-00033
City of Pasco Aquifer Storage and Recovery (ASR) Feasibility Study–PhaseII
PASCO CITY OF
SCOPE OF WORK
Task Number:4 Task Cost: $73,805.00
Task Title:Phase II Pasco ASR Feasibility Study Report
Task Description:
Pending Ecology approval and authorization to move forward based on findings and recommendations from the preceding
tasks, the purpose of this task will be to prepare a Phase II ASR Feasibility Study Report that will update the Initial ASR
Feasibility Study Report based on results of Tasks 2 and 3. If there are feasible/viable options that the City in consultation with
Ecology/OCR wants to pursue, then the Phase II report will include a project implementation plan. The project implementation
plan will describe additional investigations and analysis needed to move development of a Pasco ASR program forward . The
Phase II ASR report also will include a planning -level implementation path and associated cost estimate for the City to follow in
developing one or more future ASR options .
The Phase II ASR report will summarize findings from Tasks 2 and 3, and will include:
•Updated findings from the Initial ASR Feasibility Study Report describing hydrogeologic , water quality and/or source water
supply factors to consider in ASR.
The planning-level implementation path described in the Phase II ASR Feasibility Study Report will summarize , for the highest
ranked ASR site development option:
•Additional data and/or analysis needs and recommendations.
•Permitting pathway.
•Project development plan and planning-level cost estimate.
•A general project schedule , focusing on biennial time steps.
•Planning level cost estimate(s) for preferred option.
•An Ecology/OCR grant funding request if the City decides to proceed.
Task Goal Statement:
The objective of this task is to provide a determination regarding the feasibility of ASR in Pasco . If success of ASR is
determined to be likely, then recommendations will be made for next steps.
Task Expected Outcome:
The expected outcome should Ecology authorize work to continue under this Task 4 is a summary of Phase II findings and a
determination of whether ASR is feasible. If the proposed work under Task 4 is not authorized by Ecology, an amendment to
this agreement may be needed depending on agreed-upon next steps.
Template Version 12/10/2020 Page 91 of 151
Page 14 of 27State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WROCR-2123-Pasco-00033
City of Pasco Aquifer Storage and Recovery (ASR) Feasibility Study–PhaseII
PASCO CITY OF
Recipient Task Coordinator: Steve M. Worley, PE
Deliverables
Phase II Pasco ASR Feasibility Study Report
Number Description Due Date
4.1 Draft Phase II ASR Feasibility Study Report and presentation to Ecology 10/30/2025
4.2 Presentation meeting notes 11/13/2025
4.3 Final Phase II ASR Feasibility Study Report 12/31/2025
Template Version 12/10/2020 Page 92 of 151
Page 15 of 27State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WROCR-2123-Pasco-00033
City of Pasco Aquifer Storage and Recovery (ASR) Feasibility Study–PhaseII
PASCO CITY OF
BUDGET
Funding Distribution EG230197
NOTE: The above funding distribution number is used to identify this specific agreement and budget on payment
remittances and may be referenced on other communications from ECOLOGY. Your agreement may have multiple
funding distribution numbers to identify each budget.
Title:
State
Columbia River Water Supply Development Account
100%
Grants for the purpose of the assessment, planning and development of project that
acquire and/or implement senior water rights, water conservation, water resuse, stream
gaging, groundwater monitoring, and developing natural and constructed infrastructure
designed to provide access to new water supplies.
Type:
Funding Source %:
Description:
FDFund:
Approved Indirect Costs Rate:
Recipient Match %:
InKind Interlocal Allowed:
InKind Other Allowed:
Is this Funding Distribution used to match a federal grant? No
Approved State Indirect Rate: 30%
0%
No
No
Funding Title:
Funding Source:
Funding Expiration Date:
Funding Type:
Funding Effective Date:
21-23 Columbia River Water Supply Dev.
03/01/2023 03/31/2026
Grant
21-23 Columbia River Water Supply Dev.Task Total
Project Administration/Management 0.00$
Basalt Well Reconnaissance Surveys 55,103.00$
Water Quality Evaluation 220,059.00$
Phase II Pasco ASR Feasibility Study Report 73,805.00$
348,967.00$Total:
Template Version 12/10/2020 Page 93 of 151
Page 16 of 27State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WROCR-2123-Pasco-00033
City of Pasco Aquifer Storage and Recovery (ASR) Feasibility Study–PhaseII
PASCO CITY OF
Funding Distribution Summary
Recipient / Ecology Share
Recipient Share Ecology Share TotalRecipient Match %Funding Distribution Name
$$$%348,967.00 348,967.000.000.0021-23 Columbia River Water
Supply Dev.
Total $$0.00 348,967.00 $348,967.00
AGREEMENT SPECIFIC TERMS AND CONDITIONS
N/A
SPECIAL TERMS AND CONDITIONS
GENERAL FEDERAL CONDITIONS
If a portion or all of the funds for this agreement are provided through federal funding sources or this agreement is
used to match a federal grant award, the following terms and conditions apply to you.
A. CERTIFICATION REGARDING SUSPENSION, DEBARMENT, INELIGIBILITY OR VOLUNTARY
EXCLUSION:
1.The RECIPIENT/CONTRACTOR, by signing this agreement, certifies that it is not suspended, debarred, proposed for
debarment, declared ineligible or otherwise excluded from contracting with the federal government, or from receiving
contracts paid for with federal funds. If the RECIPIENT/CONTRACTOR is unable to certify to the statements
contained in the certification, they must provide an explanation as to why they cannot.
2.The RECIPIENT/CONTRACTOR shall provide immediate written notice to ECOLOGY if at any time the
RECIPIENT/CONTRACTOR learns that its certification was erroneous when submitted or had become erroneous by
reason of changed circumstances.
3.The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person,
primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meaning set
out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact
ECOLOGY for assistance in obtaining a copy of those regulations .
4.The RECIPIENT/CONTRACTOR agrees it shall not knowingly enter into any lower tier covered transaction with a
person who is proposed for debarment under the applicable Code of Federal Regulations, debarred, suspended,
declared ineligible, or voluntarily excluded from participation in this covered transaction.
5.The RECIPIENT/CONTRACTOR further agrees by signing this agreement , that it will include this clause titled
“CERTIFICATION REGARDING SUSPENSION, DEBARMENT, INELIGIBILITY OR VOLUNTARY
EXCLUSION” without modification in all lower tier covered transactions and in all solicitations for lower tier covered
transactions.
6.Pursuant to 2CFR180.330, the RECIPIENT/CONTRACTOR is responsible for ensuring that any lower tier covered
transaction complies with certification of suspension and debarment requirements.
Template Version 12/10/2020 Page 94 of 151
Page 17 of 27State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WROCR-2123-Pasco-00033
City of Pasco Aquifer Storage and Recovery (ASR) Feasibility Study–PhaseII
PASCO CITY OF
7.RECIPIENT/CONTRACTOR acknowledges that failing to disclose the information required in the Code of Federal
Regulations may result in the delay or negation of this funding agreement, or pursuance of legal remedies, including
suspension and debarment.
8.RECIPIENT/CONTRACTOR agrees to keep proof in its agreement file , that it, and all lower tier recipients or
contractors, are not suspended or debarred, and will make this proof available to ECOLOGY before requests for
reimbursements will be approved for payment. RECIPIENT/CONTRACTOR must run a search in
<http://www.sam.gov> and print a copy of completed searches to document proof of compliance.
B. FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT (FFATA) REPORTING
REQUIREMENTS:
CONTRACTOR/RECIPIENT must complete the FFATA Data Collection Form (ECY 070-395) and return it with the
signed agreement to ECOLOGY.
Any CONTRACTOR/RECIPIENT that meets each of the criteria below must report compensation for its five
top executives using the FFATA Data Collection Form .
·Receives more than $30,000 in federal funds under this award.
·Receives more than 80 percent of its annual gross revenues from federal funds.
·Receives more than $25,000,000 in annual federal funds.
Ecology will not pay any invoices until it has received a completed and signed FFATA Data Collection Form . Ecology is
required to report the FFATA information for federally funded agreements , including the required Unique Entity Identifier in
www.sam.gov <http://www.sam.gov/> within 30 days of agreement signature. The FFATA information will be available to
the public at www.usaspending.gov <http://www.usaspending.gov/>.
For more details on FFATA requirements, see www.fsrs.gov <http://www.fsrs.gov/>.
C. FEDERAL FUNDING PROHIBITION ON CERTAIN TELECOMMUNICATIONS OR VIDEO SURVEILLANCE
SERVICES OR EQUIPMENT:
As required by 2 CFR 200.216, federal grant or loan recipients and subrecipients are prohibited from obligating or expending
loan or grant funds to:
1.Procure or obtain;
2.Extend or renew a contract to procure or obtain; or
3.Enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that use
covered telecommunications equipment, video surveillance services or services as a substantial or essential component
of any system, or as critical technology as part of any system. As described in Public Law 115-232
<https://www.govinfo.gov/content/pkg/PLAW-115publ232/pdf/PLAW-115publ232.pdf>, section 889, covered
telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE
Corporation (or any subsidiary or affiliate of such entities ).
Recipients, subrecipients, and borrowers also may not use federal funds to purchase certain prohibited equipment, systems, or
services, including equipment, systems, or services produced or provided by entities identified in section 889, are recorded in
the System for Award Management (SAM) <https://sam.gov/SAM/> exclusion list.
Template Version 12/10/2020 Page 95 of 151
Page 18 of 27State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WROCR-2123-Pasco-00033
City of Pasco Aquifer Storage and Recovery (ASR) Feasibility Study–PhaseII
PASCO CITY OF
Template Version 12/10/2020 Page 96 of 151
Page 19 of 27State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WROCR-2123-Pasco-00033
City of Pasco Aquifer Storage and Recovery (ASR) Feasibility Study–PhaseII
PASCO CITY OF
GENERAL TERMS AND CONDITIONS
Pertaining to Grant and Loan Agreements With the state of Washington, Department of Ecology
GENERAL TERMS AND CONDITIONS
For DEPARTMENT OF ECOLOGY GRANTS and LOANS
06/24/2021 Version
1. ADMINISTRATIVE REQUIREMENTS
a) RECIPIENT shall follow the "Administrative Requirements for Recipients of Ecology Grants and Loans – EAGL Edition ."
(https://fortress.wa.gov/ecy/publications/SummaryPages/1701004.html)
b) RECIPIENT shall complete all activities funded by this Agreement and be fully responsible for the proper management of all
funds and resources made available under this Agreement .
c) RECIPIENT agrees to take complete responsibility for all actions taken under this Agreement , including ensuring all
subgrantees and contractors comply with the terms and conditions of this Agreement . ECOLOGY reserves the right to request
proof of compliance by subgrantees and contractors.
d) RECIPIENT’s activities under this Agreement shall be subject to the review and approval by ECOLOGY for the extent and
character of all work and services.
2. AMENDMENTS AND MODIFICATIONS
This Agreement may be altered, amended, or waived only by a written amendment executed by both parties. No subsequent
modification(s) or amendment(s) of this Agreement will be of any force or effect unless in writing and signed by authorized
representatives of both parties. ECOLOGY and the RECIPIENT may change their respective staff contacts and administrative
information without the concurrence of either party.
3. ACCESSIBILITY REQUIREMENTS FOR COVERED TECHNOLOGY
The RECIPIENT must comply with the Washington State Office of the Chief Information Officer , OCIO Policy no. 188,
Accessibility (https://ocio.wa.gov/policy/accessibility) as it relates to “covered technology.” This requirement applies to all
products supplied under the Agreement , providing equal access to information technology by individuals with disabilities,
including and not limited to web sites/pages, web-based applications, software systems, video and audio content, and electronic
documents intended for publishing on Ecology’s public web site .
4. ARCHAEOLOGICAL AND CULTURAL RESOURCES
RECIPIENT shall take all reasonable action to avoid, minimize, or mitigate adverse effects to archaeological and historic
archaeological sites, historic buildings/structures, traditional cultural places, sacred sites, or other cultural resources, hereby
referred to as Cultural Resources.
The RECIPIENT must agree to hold harmless ECOLOGY in relation to any claim related to Cultural Resources discovered ,
disturbed, or damaged due to the RECIPIENT’s project funded under this Agreement .
RECIPIENT shall:
a) Contact the ECOLOGY Program issuing the grant or loan to discuss any Cultural Resources requirements for their project :
• Cultural Resource Consultation and Review should be initiated early in the project planning process and must be completed
prior to expenditure of Agreement funds as required by applicable State and Federal requirements .
* For state funded construction, demolition, or land acquisitions, comply with Governor Executive Order 21-02, Archaeological
and Cultural Resources.
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Page 20 of 27State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WROCR-2123-Pasco-00033
City of Pasco Aquifer Storage and Recovery (ASR) Feasibility Study–PhaseII
PASCO CITY OF
• For projects with any federal involvement, comply with the National Historic Preservation Act of 1966 (Section 106).
b) If required by the ECOLOGY Program, submit an Inadvertent Discovery Plan (IDP) to ECOLOGY prior to implementing
any project that involves field activities. ECOLOGY will provide the IDP form.
RECIPIENT shall:
• Keep the IDP at the project site.
• Make the IDP readily available to anyone working at the project site .
• Discuss the IDP with staff, volunteers, and contractors working at the project site.
• Implement the IDP when Cultural Resources or human remains are found at the project site .
c) If any Cultural Resources are found while conducting work under this Agreement , follow the protocol outlined in the project
IDP.
• Immediately stop work and notify the ECOLOGY Program, who will notify the Department of Archaeology and Historic
Preservation at (360) 586-3065, any affected Tribe, and the local government.
d) If any human remains are found while conducting work under this Agreement , follow the protocol outlined in the project
IDP.
• Immediately stop work and notify the local Law Enforcement Agency or Medical Examiner /Coroner’s Office, the
Department of Archaeology and Historic Preservation at (360) 790-1633, and then the ECOLOGY Program.
e) Comply with RCW 27.53, RCW 27.44, and RCW 68.50.645, and all other applicable local, state, and federal laws
protecting Cultural Resources and human remains.
5. ASSIGNMENT
No right or claim of the RECIPIENT arising under this Agreement shall be transferred or assigned by the RECIPIENT .
6. COMMUNICATION
RECIPIENT shall make every effort to maintain effective communications with the RECIPIENT 's designees, ECOLOGY, all
affected local, state, or federal jurisdictions, and any interested individuals or groups.
7. COMPENSATION
a) Any work performed prior to effective date of this Agreement will be at the sole expense and risk of the RECIPIENT .
ECOLOGY must sign the Agreement before any payment requests can be submitted .
b) Payments will be made on a reimbursable basis for approved and completed work as specified in this Agreement .
c) RECIPIENT is responsible to determine if costs are eligible. Any questions regarding eligibility should be clarified with
ECOLOGY prior to incurring costs. Costs that are conditionally eligible require approval by ECOLOGY prior to expenditure .
d) RECIPIENT shall not invoice more than once per month unless agreed on by ECOLOGY .
e) ECOLOGY will not process payment requests without the proper reimbursement forms , Progress Report and supporting
documentation. ECOLOGY will provide instructions for submitting payment requests .
f) ECOLOGY will pay the RECIPIENT thirty (30) days after receipt of a properly completed request for payment.
g) RECIPIENT will receive payment through Washington State’s Office of Financial Management’s Statewide Payee Desk .
To receive payment you must register as a statewide vendor by submitting a statewide vendor registration form and an IRS W -9
form at website, https://ofm.wa.gov/it-systems/statewide-vendorpayee-services. If you have questions about the vendor
registration process, you can contact Statewide Payee Help Desk at (360) 407-8180 or email PayeeRegistration@ofm.wa.gov.
h) ECOLOGY may, at its sole discretion, withhold payments claimed by the RECIPIENT if the RECIPIENT fails to
satisfactorily comply with any term or condition of this Agreement .
i) Monies withheld by ECOLOGY may be paid to the RECIPIENT when the work described herein , or a portion thereof, has
been completed if, at ECOLOGY's sole discretion, such payment is reasonable and approved according to this Agreement , as
appropriate, or upon completion of an audit as specified herein.
Template Version 12/10/2020 Page 98 of 151
Page 21 of 27State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WROCR-2123-Pasco-00033
City of Pasco Aquifer Storage and Recovery (ASR) Feasibility Study–PhaseII
PASCO CITY OF
j) RECIPIENT must submit within thirty (30) days after the expiration date of this Agreement, all financial, performance, and
other reports required by this Agreement. Failure to comply may result in delayed reimbursement.
8. COMPLIANCE WITH ALL LAWS
RECIPIENT agrees to comply fully with all applicable federal, state and local laws, orders, regulations, and permits related to
this Agreement, including but not limited to:
a) RECIPIENT agrees to comply with all applicable laws, regulations, and policies of the United States and the State of
Washington which affect wages and job safety .
b) RECIPIENT agrees to be bound by all applicable federal and state laws , regulations, and policies against discrimination.
c) RECIPIENT certifies full compliance with all applicable state industrial insurance requirements .
d) RECIPIENT agrees to secure and provide assurance to ECOLOGY that all the necessary approvals and permits required
by authorities having jurisdiction over the project are obtained. RECIPIENT must include time in their project timeline for the
permit and approval processes.
ECOLOGY shall have the right to immediately terminate for cause this Agreement as provided herein if the RECIPIENT fails to
comply with above requirements.
If any provision of this Agreement violates any statute or rule of law of the state of Washington , it is considered modified to
conform to that statute or rule of law.
9. CONFLICT OF INTEREST
RECIPIENT and ECOLOGY agree that any officer, member, agent, or employee, who exercises any function or responsibility
in the review, approval, or carrying out of this Agreement, shall not have any personal or financial interest, direct or indirect, nor
affect the interest of any corporation, partnership, or association in which he/she is a part, in this Agreement or the proceeds
thereof.
10. CONTRACTING FOR GOODS AND SERVICES
RECIPIENT may contract to buy goods or services related to its performance under this Agreement . RECIPIENT shall award
all contracts for construction, purchase of goods, equipment, services, and professional architectural and engineering services
through a competitive process, if required by State law. RECIPIENT is required to follow procurement procedures that ensure
legal, fair, and open competition.
RECIPIENT must have a standard procurement process or follow current state procurement procedures . RECIPIENT may be
required to provide written certification that they have followed their standard procurement procedures and applicable state law
in awarding contracts under this Agreement .
ECOLOGY reserves the right to inspect and request copies of all procurement documentation , and review procurement
practices related to this Agreement. Any costs incurred as a result of procurement practices not in compliance with state
procurement law or the RECIPIENT's normal procedures may be disallowed at ECOLOGY’s sole discretion .
11. DISPUTES
When there is a dispute with regard to the extent and character of the work, or any other matter related to this Agreement the
determination of ECOLOGY will govern, although the RECIPIENT shall have the right to appeal decisions as provided for
below:
a) RECIPIENT notifies the funding program of an appeal request .
b) Appeal request must be in writing and state the disputed issue(s).
c) RECIPIENT has the opportunity to be heard and offer evidence in support of its appeal .
d) ECOLOGY reviews the RECIPIENT’s appeal.
e) ECOLOGY sends a written answer within ten (10) business days, unless more time is needed, after concluding the review.
Template Version 12/10/2020 Page 99 of 151
Page 22 of 27State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WROCR-2123-Pasco-00033
City of Pasco Aquifer Storage and Recovery (ASR) Feasibility Study–PhaseII
PASCO CITY OF
The decision of ECOLOGY from an appeal will be final and conclusive , unless within thirty (30) days from the date of such
decision, the RECIPIENT furnishes to the Director of ECOLOGY a written appeal. The decision of the Director or duly
authorized representative will be final and conclusive.
The parties agree that this dispute process will precede any action in a judicial or quasi-judicial tribunal.
Appeals of the Director's decision will be brought in the Superior Court of Thurston County . Review of the Director’s decision
will not be taken to Environmental and Land Use Hearings Office .
Pending final decision of a dispute, the RECIPIENT agrees to proceed diligently with the performance of this Agreement and in
accordance with the decision rendered.
Nothing in this Agreement will be construed to limit the parties’ choice of another mutually acceptable method , in addition to the
dispute resolution procedure outlined above.
12. ENVIRONMENTAL DATA STANDARDS
a) RECIPIENT shall prepare a Quality Assurance Project Plan (QAPP) for a project that collects or uses environmental
measurement data. RECIPIENTS unsure about whether a QAPP is required for their project shall contact the ECOLOGY
Program issuing the grant or loan. If a QAPP is required, the RECIPIENT shall:
• Use ECOLOGY’s QAPP Template/Checklist provided by the ECOLOGY, unless ECOLOGY Quality Assurance (QA)
officer or the Program QA coordinator instructs otherwise.
• Follow ECOLOGY’s Guidelines for Preparing Quality Assurance Project Plans for Environmental Studies , July 2004
(Ecology Publication No. 04-03-030).
• Submit the QAPP to ECOLOGY for review and approval before the start of the work .
b) RECIPIENT shall submit environmental data that was collected on a project to ECOLOGY using the Environmental
Information Management system (EIM), unless the ECOLOGY Program instructs otherwise. The RECIPIENT must confirm
with ECOLOGY that complete and correct data was successfully loaded into EIM , find instructions at:
http://www.ecy.wa.gov/eim.
c) RECIPIENT shall follow ECOLOGY’s data standards when Geographic Information System (GIS) data is collected and
processed. Guidelines for Creating and Accessing GIS Data are available at :
https://ecology.wa.gov/Research-Data/Data-resources/Geographic-Information-Systems-GIS/Standards. RECIPIENT, when
requested by ECOLOGY, shall provide copies to ECOLOGY of all final GIS data layers, imagery, related tables, raw data
collection files, map products, and all metadata and project documentation.
13. GOVERNING LAW
This Agreement will be governed by the laws of the State of Washington , and the venue of any action brought hereunder will be
in the Superior Court of Thurston County.
14. INDEMNIFICATION
ECOLOGY will in no way be held responsible for payment of salaries , consultant's fees, and other costs related to the project
described herein, except as provided in the Scope of Work.
To the extent that the Constitution and laws of the State of Washington permit , each party will indemnify and hold the other
harmless from and against any liability for any or all injuries to persons or property arising from the negligent act or omission of
that party or that party's agents or employees arising out of this Agreement .
15. INDEPENDENT STATUS
The employees, volunteers, or agents of each party who are engaged in the performance of this Agreement will continue to be
employees, volunteers, or agents of that party and will not for any purpose be employees, volunteers, or agents of the other
party.
Template Version 12/10/2020 Page 100 of 151
Page 23 of 27State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WROCR-2123-Pasco-00033
City of Pasco Aquifer Storage and Recovery (ASR) Feasibility Study–PhaseII
PASCO CITY OF
16. KICKBACKS
RECIPIENT is prohibited from inducing by any means any person employed or otherwise involved in this Agreement to give up
any part of the compensation to which he/she is otherwise entitled to or receive any fee, commission, or gift in return for award
of a subcontract hereunder.
17. MINORITY AND WOMEN’S BUSINESS ENTERPRISES (MWBE)
RECIPIENT is encouraged to solicit and recruit, to the extent possible, certified minority-owned (MBE) and women-owned
(WBE) businesses in purchases and contracts initiated under this Agreement .
Contract awards or rejections cannot be made based on MWBE participation; however, the RECIPIENT is encouraged to
take the following actions, when possible, in any procurement under this Agreement :
a) Include qualified minority and women's businesses on solicitation lists whenever they are potential sources of goods or
services.
b) Divide the total requirements, when economically feasible, into smaller tasks or quantities, to permit maximum participation
by qualified minority and women's businesses.
c) Establish delivery schedules, where work requirements permit, which will encourage participation of qualified minority and
women's businesses.
d) Use the services and assistance of the Washington State Office of Minority and Women 's Business Enterprises (OMWBE)
(866-208-1064) and the Office of Minority Business Enterprises of the U.S. Department of Commerce, as appropriate.
18. ORDER OF PRECEDENCE
In the event of inconsistency in this Agreement, unless otherwise provided herein, the inconsistency shall be resolved by giving
precedence in the following order: (a) applicable federal and state statutes and regulations; (b) The Agreement; (c) Scope of
Work; (d) Special Terms and Conditions; (e) Any provisions or terms incorporated herein by reference, including the
"Administrative Requirements for Recipients of Ecology Grants and Loans"; (f) Ecology Funding Program Guidelines; and (g)
General Terms and Conditions.
19. PRESENTATION AND PROMOTIONAL MATERIALS
ECOLOGY reserves the right to approve RECIPIENT’s communication documents and materials related to the fulfillment of
this Agreement:
a) If requested, RECIPIENT shall provide a draft copy to ECOLOGY for review and approval ten (10) business days prior to
production and distribution.
b) RECIPIENT shall include time for ECOLOGY’s review and approval process in their project timeline .
c) If requested, RECIPIENT shall provide ECOLOGY two (2) final copies and an electronic copy of any tangible products
developed.
Copies include any printed materials, and all tangible products developed such as brochures, manuals, pamphlets, videos, audio
tapes, CDs, curriculum, posters, media announcements, or gadgets with a message, such as a refrigerator magnet, and any
online communications, such as web pages, blogs, and twitter campaigns. If it is not practical to provide a copy, then the
RECIPIENT shall provide a description (photographs, drawings, printouts, etc.) that best represents the item.
Any communications intended for public distribution that uses ECOLOGY’s logo shall comply with ECOLOGY’s graphic
requirements and any additional requirements specified in this Agreement . Before the use of ECOLOGY’s logo contact
ECOLOGY for guidelines.
RECIPIENT shall acknowledge in the communications that funding was provided by ECOLOGY .
20. PROGRESS REPORTING
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Page 24 of 27State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WROCR-2123-Pasco-00033
City of Pasco Aquifer Storage and Recovery (ASR) Feasibility Study–PhaseII
PASCO CITY OF
a) RECIPIENT must satisfactorily demonstrate the timely use of funds by submitting payment requests and progress reports to
ECOLOGY. ECOLOGY reserves the right to amend or terminate this Agreement if the RECIPIENT does not document
timely use of funds.
b) RECIPIENT must submit a progress report with each payment request . Payment requests will not be processed without a
progress report. ECOLOGY will define the elements and frequency of progress reports .
c) RECIPIENT shall use ECOLOGY’s provided progress report format.
d) Quarterly progress reports will cover the periods from January 1 through March 31, April 1 through June 30, July 1 through
September 30, and October 1 through December 31. Reports shall be submitted within thirty (30) days after the end of the
quarter being reported.
e) RECIPIENT must submit within thirty (30) days of the expiration date of the project, unless an extension has been approved
by ECOLOGY, all financial, performance, and other reports required by the Agreement and funding program guidelines .
RECIPIENT shall use the ECOLOGY provided closeout report format.
21. PROPERTY RIGHTS
a) Copyrights and Patents. When the RECIPIENT creates any copyrightable materials or invents any patentable property
under this Agreement, the RECIPIENT may copyright or patent the same but ECOLOGY retains a royalty free , nonexclusive,
and irrevocable license to reproduce, publish, recover, or otherwise use the material(s) or property, and to authorize others to
use the same for federal, state, or local government purposes.
b) Publications. When the RECIPIENT or persons employed by the RECIPIENT use or publish ECOLOGY information ;
present papers, lectures, or seminars involving information supplied by ECOLOGY; or use logos, reports, maps, or other data
in printed reports, signs, brochures, pamphlets, etc., appropriate credit shall be given to ECOLOGY.
c) Presentation and Promotional Materials. ECOLOGY shall have the right to use or reproduce any printed or graphic
materials produced in fulfillment of this Agreement , in any manner ECOLOGY deems appropriate. ECOLOGY shall
acknowledge the RECIPIENT as the sole copyright owner in every use or reproduction of the materials .
d) Tangible Property Rights. ECOLOGY's current edition of "Administrative Requirements for Recipients of Ecology Grants
and Loans," shall control the use and disposition of all real and personal property purchased wholly or in part with funds
furnished by ECOLOGY in the absence of state and federal statutes , regulations, or policies to the contrary, or upon specific
instructions with respect thereto in this Agreement .
e) Personal Property Furnished by ECOLOGY. When ECOLOGY provides personal property directly to the RECIPIENT
for use in performance of the project, it shall be returned to ECOLOGY prior to final payment by ECOLOGY . If said property
is lost, stolen, or damaged while in the RECIPIENT's possession, then ECOLOGY shall be reimbursed in cash or by setoff by
the RECIPIENT for the fair market value of such property .
f) Acquisition Projects. The following provisions shall apply if the project covered by this Agreement includes funds for the
acquisition of land or facilities:
1. RECIPIENT shall establish that the cost is fair value and reasonable prior to disbursement of funds provided for in this
Agreement.
2. RECIPIENT shall provide satisfactory evidence of title or ability to acquire title for each parcel prior to disbursement of
funds provided by this Agreement. Such evidence may include title insurance policies, Torrens certificates, or abstracts, and
attorney's opinions establishing that the land is free from any impediment, lien, or claim which would impair the uses intended by
this Agreement.
g) Conversions. Regardless of the Agreement expiration date , the RECIPIENT shall not at any time convert any equipment ,
property, or facility acquired or developed under this Agreement to uses other than those for which assistance was originally
approved without prior written approval of ECOLOGY. Such approval may be conditioned upon payment to ECOLOGY of
that portion of the proceeds of the sale, lease, or other conversion or encumbrance which monies granted pursuant to this
Agreement bear to the total acquisition, purchase, or construction costs of such property.
Template Version 12/10/2020 Page 102 of 151
Page 25 of 27State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WROCR-2123-Pasco-00033
City of Pasco Aquifer Storage and Recovery (ASR) Feasibility Study–PhaseII
PASCO CITY OF
22. RECORDS, AUDITS, AND INSPECTIONS
RECIPIENT shall maintain complete program and financial records relating to this Agreement , including any engineering
documentation and field inspection reports of all construction work accomplished.
All records shall:
a) Be kept in a manner which provides an audit trail for all expenditures.
b) Be kept in a common file to facilitate audits and inspections.
c) Clearly indicate total receipts and expenditures related to this Agreement .
d) Be open for audit or inspection by ECOLOGY, or by any duly authorized audit representative of the State of Washington ,
for a period of at least three (3) years after the final grant payment or loan repayment, or any dispute resolution hereunder.
RECIPIENT shall provide clarification and make necessary adjustments if any audits or inspections identify discrepancies in the
records.
ECOLOGY reserves the right to audit, or have a designated third party audit, applicable records to ensure that the state has
been properly invoiced. Any remedies and penalties allowed by law to recover monies determined owed will be enforced.
Repetitive instances of incorrect invoicing or inadequate records may be considered cause for termination.
All work performed under this Agreement and any property and equipment purchased shall be made available to ECOLOGY
and to any authorized state, federal or local representative for inspection at any time during the course of this Agreement and for
at least three (3) years following grant or loan termination or dispute resolution hereunder.
RECIPIENT shall provide right of access to ECOLOGY, or any other authorized representative, at all reasonable times, in
order to monitor and evaluate performance, compliance, and any other conditions under this Agreement .
23. RECOVERY OF FUNDS
The right of the RECIPIENT to retain monies received as reimbursement payments is contingent upon satisfactory performance
of this Agreement and completion of the work described in the Scope of Work .
All payments to the RECIPIENT are subject to approval and audit by ECOLOGY , and any unauthorized expenditure(s) or
unallowable cost charged to this Agreement shall be refunded to ECOLOGY by the RECIPIENT .
RECIPIENT shall refund to ECOLOGY the full amount of any erroneous payment or overpayment under this Agreement .
RECIPIENT shall refund by check payable to ECOLOGY the amount of any such reduction of payments or repayments within
thirty (30) days of a written notice. Interest will accrue at the rate of twelve percent (12%) per year from the time ECOLOGY
demands repayment of funds.
Any property acquired under this Agreement , at the option of ECOLOGY, may become ECOLOGY's property and the
RECIPIENT's liability to repay monies will be reduced by an amount reflecting the fair value of such property.
24. SEVERABILITY
If any provision of this Agreement or any provision of any document incorporated by reference shall be held invalid , such
invalidity shall not affect the other provisions of this Agreement which can be given effect without the invalid provision , and to
this end the provisions of this Agreement are declared to be severable .
25. STATE ENVIRONMENTAL POLICY ACT (SEPA)
RECIPIENT must demonstrate to ECOLOGY’s satisfaction that compliance with the requirements of the State Environmental
Policy Act (Chapter 43.21C RCW and Chapter 197-11 WAC) have been or will be met. Any reimbursements are subject to
this provision.
26. SUSPENSION
When in the best interest of ECOLOGY, ECOLOGY may at any time, and without cause, suspend this Agreement or any
portion thereof for a temporary period by written notice from ECOLOGY to the RECIPIENT . RECIPIENT shall resume
performance on the next business day following the suspension period unless another day is specified by ECOLOGY.
Template Version 12/10/2020 Page 103 of 151
Page 26 of 27State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WROCR-2123-Pasco-00033
City of Pasco Aquifer Storage and Recovery (ASR) Feasibility Study–PhaseII
PASCO CITY OF
27. SUSTAINABLE PRACTICES
In order to sustain Washington’s natural resources and ecosystems , the RECIPIENT is fully encouraged to implement
sustainable practices and to purchase environmentally preferable products under this Agreement .
a) Sustainable practices may include such activities as: use of clean energy, use of double-sided printing, hosting low impact
meetings, and setting up recycling and composting programs.
b) Purchasing may include such items as: sustainably produced products and services, EPEAT registered computers and
imaging equipment, independently certified green cleaning products, remanufactured toner cartridges, products with reduced
packaging, office products that are refillable , rechargeable, and recyclable, 100% post-consumer recycled paper, and toxic free
products.
For more suggestions visit ECOLOGY’s web page, Green Purchasing,
https://ecology.wa.gov/Regulations-Permits/Guidance-technical-assistance/Sustainable-purchasing.
28. TERMINATION
a) For Cause
ECOLOGY may terminate for cause this Agreement with a seven (7) calendar days prior written notification to the
RECIPIENT, at the sole discretion of ECOLOGY, for failing to perform an Agreement requirement or for a material breach of
any term or condition. If this Agreement is so terminated, the parties shall be liable only for performance rendered or costs
incurred in accordance with the terms of this Agreement prior to the effective date of termination .
Failure to Commence Work. ECOLOGY reserves the right to terminate this Agreement if RECIPIENT fails to commence work
on the project funded within four (4) months after the effective date of this Agreement, or by any date mutually agreed upon in
writing for commencement of work, or the time period defined within the Scope of Work .
Non-Performance. The obligation of ECOLOGY to the RECIPIENT is contingent upon satisfactory performance by the
RECIPIENT of all of its obligations under this Agreement. In the event the RECIPIENT unjustifiably fails, in the opinion of
ECOLOGY, to perform any obligation required of it by this Agreement , ECOLOGY may refuse to pay any further funds,
terminate in whole or in part this Agreement, and exercise any other rights under this Agreement .
Despite the above, the RECIPIENT shall not be relieved of any liability to ECOLOGY for damages sustained by ECOLOGY
and the State of Washington because of any breach of this Agreement by the RECIPIENT . ECOLOGY may withhold
payments for the purpose of setoff until such time as the exact amount of damages due ECOLOGY from the RECIPIENT is
determined.
b) For Convenience
ECOLOGY may terminate for convenience this Agreement , in whole or in part, for any reason when it is the best interest of
ECOLOGY, with a thirty (30) calendar days prior written notification to the RECIPIENT, except as noted below. If this
Agreement is so terminated, the parties shall be liable only for performance rendered or costs incurred in accordance with the
terms of this Agreement prior to the effective date of termination .
Non-Allocation of Funds. ECOLOGY’s ability to make payments is contingent on availability of funding . In the event funding
from state, federal or other sources is withdrawn, reduced, or limited in any way after the effective date and prior to the
completion or expiration date of this Agreement, ECOLOGY, at its sole discretion, may elect to terminate the Agreement, in
whole or part, or renegotiate the Agreement, subject to new funding limitations or conditions. ECOLOGY may also elect to
suspend performance of the Agreement until ECOLOGY determines the funding insufficiency is resolved . ECOLOGY may
exercise any of these options with no notification or restrictions, although ECOLOGY will make a reasonable attempt to provide
notice.
In the event of termination or suspension, ECOLOGY will reimburse eligible costs incurred by the RECIPIENT through the
effective date of termination or suspension. Reimbursed costs must be agreed to by ECOLOGY and the RECIPIENT . In no
Template Version 12/10/2020 Page 104 of 151
Page 27 of 27State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WROCR-2123-Pasco-00033
City of Pasco Aquifer Storage and Recovery (ASR) Feasibility Study–PhaseII
PASCO CITY OF
event shall ECOLOGY’s reimbursement exceed ECOLOGY’s total responsibility under the Agreement and any amendments .
If payments have been discontinued by ECOLOGY due to unavailable funds , the RECIPIENT shall not be obligated to repay
monies which had been paid to the RECIPIENT prior to such termination .
RECIPIENT’s obligation to continue or complete the work described in this Agreement shall be contingent upon availability of
funds by the RECIPIENT's governing body.
c) By Mutual Agreement
ECOLOGY and the RECIPIENT may terminate this Agreement, in whole or in part, at any time, by mutual written agreement.
d) In Event of Termination
All finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports or other materials
prepared by the RECIPIENT under this Agreement, at the option of ECOLOGY, will become property of ECOLOGY and the
RECIPIENT shall be entitled to receive just and equitable compensation for any satisfactory work completed on such
documents and other materials.
Nothing contained herein shall preclude ECOLOGY from demanding repayment of all funds paid to the RECIPIENT in
accordance with Recovery of Funds, identified herein.
29. THIRD PARTY BENEFICIARY
RECIPIENT shall ensure that in all subcontracts entered into by the RECIPIENT pursuant to this Agreement , the state of
Washington is named as an express third party beneficiary of such subcontracts with full rights as such .
30. WAIVER
Waiver of a default or breach of any provision of this Agreement is not a waiver of any subsequent default or breach , and will
not be construed as a modification of the terms of this Agreement unless stated as such in writing by the authorized
representative of ECOLOGY.
End of General Terms and Conditions
Template Version 12/10/2020 Page 105 of 151
AGENDA REPORT
FOR: City Council March 3, 2023
TO: Dave Zabell, City Manager City Council Regular
Meeting: 3/6/23
FROM: Eric Ferguson, City Attorney
City Attorney
SUBJECT: Approve First Amendment to Interim City Manager's Contract
I. REFERENCE(S):
Amendment to Interim City Manager Agreement
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to approve Amendment No. 1 to the Interim City Manager
contract.
III. FISCAL IMPACT:
Additional payroll, taxes, and benefits for the term of the agreement, estimated
at $1,017 monthly.
IV. HISTORY AND FACTS BRIEF:
The City entered into a Personal Services Agreement with Adam Lincoln for the
position of Interim City Manager on October 27 , 2023.
A Work Plan has been prepared for the Interim City Manager in preparation for
City Council’s potential appointment to the permanent City Manager’s position,
and the Interim City Manager agrees to the Work Plan.
The attached Amendment No. 1 to the Personal Services Agreement offers an
annual cost-of-living increase as are paid to all other management employees of
the City retroactively applied from the effective date of the Amendment, and
other adjustments deemed appropriate by the City Council.
V. DISCUSSION:
Recommend approval.
Page 106 of 151
Page 107 of 151
Amendment No. 1 to Personal Services Agreement
City/Adam Lincoln - 1
AMENDMENT NO. 1
PERSONAL SERVICES AGREEMENT BETWEEN
THE CITY OF PASCO AND ADAM LINCOLN
FOR THE POSITION OF INTERIM CITY MANAGER
BY THIS AMENDMENT NO. 1 entered into this ____ day of February 2023, between
the City of Pasco, hereinafter referred to as “City” and Adam Lincoln, hereinafter referred to as
“Manager.”
WHEREAS, on October 27, 2022, the City and the Manager entered into a Personal
Services Agreement for the position of Interim City Manager; and
WHEREAS, the City and Manager have prepared a Work Plan for Manager in preparation
for City Council’s potential appointment of Manager to the permanent City Manager’s position.
NOW, THEREFORE, in consideration of the mutual benefits to be derived, the parties
hereby agree as follows:
Section 1. That Section 1 entitled “Commencement of Services”, shall be and hereby
is amended and shall read as follows:
1. Commencement of Services. The City agrees to employ Manager, and
Manager agrees to accept the position of Interim City Manager for the City
of Pasco in accordance with the terms and conditions of this Agreement and
Manager agrees to perform that statutory role of City Manager, as well as
adhere to the requirements of Pasco Municipal Code 2.10. Manager further
agrees to the Work Plan prepared for Manager in preparation for City
Council’s potential appointment of Manager to the permanent City
Manager’s position.
Section 2. That Section 3 entitled “Salary”, shall be and hereby is amended and shall
read as follows:
3. Salary.
a. Manager shall be paid a salary of $16,790.00 per month for serving
as both the Deputy City Manager and the Interim City Manager,
which shall be paid in accordance with the procedures for other
employees of the City.
b. Manager shall be paid such annual cost-of living increases as are
paid to all other management employees of the City as of January 1,
2023, retroactively applied from the effective date of this
amendment, and other adjustments deemed appropriate by the City
Council in its sole discretion.
Page 108 of 151
Amendment No. 1 to Personal Services Agreement
City/Adam Lincoln - 2
Section 3. All remaining terms and conditions not inconsistent herewith shall remain
full force and effect.
DATED this ________ day of __________________, 2023.
CITY OF PASCO: ADAM LINCOLN:
By: ____________________________ By: _____________________________
Blanche Barajas, Mayor Adam Lincoln, Interim City Manager
ATTEST:
By: _____________________________
Debby Barham, City Clerk
APPROVED AS TO FORM:
By: _____________________________
KERR FERGUSON LAW, PLLC
City Attorneys for the City of Pasco
The Manager acknowledges that he has the right to consult with independent legal counsel and has
elected to waive such right and acknowledges that in signing this Agreement he is not acting under
fraud, duress or undue influence of any person or persons. In the event the Manager does not
waive the right to consult with independent legal counsel, the fact that such consultation shall be
indicated by independent legal counsel signing on the line provided below, indicating that the
Agreement is approved as to form.
Independent Legal Counsel Waived:
_____________________________
Adam Lincoln
Independent Legal Counsel, Approved as to Form if not waived above:
_____________________________
Signature
_____________________________
(Print Name)
Page 109 of 151
AGENDA REPORT
FOR: City Council February 28, 2023
TO: Adam Lincoln, Interim City Manager City Council Regular
Meeting: 3/6/23
FROM: Adam Lincoln, City Manager
Executive
SUBJECT: Report on Pending Legislation: Energy Innovation and Carbon Dividend
Act (H.R. 2307)
I. REFERENCE(S):
PowerPoint Presentation
Handout
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
Presentation by Dennis Finn, with the Citizens' Climate Lobby
III. FISCAL IMPACT:
IV. HISTORY AND FACTS BRIEF:
About the Citizens' Climate Lobby - "We empower everyday people to work
together on climate policy. Our supporters are organized in 420+ chapters
across the United States building support in Congress for a national bipartisan
solution to climate change. Globally, we also support 150+ international chapters
on six continents."
V. DISCUSSION:
On behalf of the Citizens' Climate Lobby, Mr. Finn is requesting support from the
City of Pasco and has a suggested resolution for Council consideration. If
Council desires to support this effort, City of Pasco Resolution will be prepared
and placed on the next business meeting for final action.
Page 110 of 151
CITIZENS’ CLIMATE LOBBY
Carbon Fee and Cashback Plan
Dennis FinnPage 111 of 151
Why?
▪Increased frequency and severity of weather catastrophes
related to global warming
▪Drought, flooding, hurricanes, wildfires, heat waves
▪Sea level rise
▪Ocean acidification
▪Stress and damage to agriculture and ecosystem degradation
▪Extinctions
▪Health and air pollution impacts
▪National security (e.g., geopolitical disruptions, immigration)
▪All very costly –and will get worse without actionPage 112 of 151
Why?
▪Oil companies have been exploiting us to sustain their
profitability by using disinformation and lies to sabotage
attempts at solutions—even when they knew they were
creating climate problems
▪World is building toward a climate crisis and action now can
help to avoid the most severe consequences of global
warming.
▪Overwhelming scientific consensus urgent action needed to
reduce greenhouse gas emission (e.g., see IPCC reports
https://www.ipcc.ch/reports/).
▪Livable world for following generationsPage 113 of 151
Collect
price on CO2
Price signal to
economy
Tax goes to
fund other uses
Carbon Tax
A powerful climate policy
Fee returned
to American
householdsCarbon Fee &
Cashback
energyinnovationact.orgPage 114 of 151
How Would It Work?
▪Fee applied at fossil fuel source
▪Fee start at $15/ton, increase with time
▪Proceeds from fees returned in equal share to all citizens;
designed for revenue neutrality
▪Use of border adjustment fees to protect U.S. businesses and
manufacturers from foreign competitors lacking a carbon tax
▪Emphasizes role of the marketplace, not regulation and
bureaucracy
▪Highly favored by economists for efficiency, minimal
distortion, and equityPage 115 of 151
Benefits-In Brief
▪Most households would realize net benefit
▪Economic stimulus from cashback
▪Job creation
▪Spur innovation, energy efficiency, renewable and nuclear
energy; Tri-Cities well-positioned
▪Save lives (reduced air pollution, pathogen spread)
▪50% greenhouse gas emissions reduction by 2030, net zero
by 2050
▪Corrects failure of market to account for climate and health
impactsPage 116 of 151
Impact on Household Budgets
Page 117 of 151
Benefits
Good for the
EconomyPage 118 of 151
Benefits
Good for
PeoplePage 119 of 151
Proposed Endorsement Options
▪(1) General endorsement of the CCL plan via online form Endorse |
Citizens' Climate Lobby (citizensclimatelobby.org)
▪(2) Endorsement of Energy Innovation and Carbon Dividend Act
a.Very close to inclusion in recent omnibus
b.Many cities and agencies have already endorsed All Supporters | Energy
Innovation and Carbon Dividend Act (energyinnovationact.org)
c.Specific language –recommended option if that is preferable Local
Government Resolution Template -CCL Community (citizensclimate.org)
d.Presently expired in Congress but will likely be reintroduced
▪Asking for dual endorsements, dependent on considerations of (c)
and (d) above, but would appreciate at least onePage 120 of 151
•61% of households get more in carbon dividend than pay in carbon fees.
•99% of poorest 20% of households get more or break even.
•Most people spend their dividends, spurring the economy.
•This calculator will compare your
carbon dividend with your carbon fees.
•You can reduce your carbon fees by
choosing carbon-free technology.
•The Inflation Reduction Act provides
$1000s in rebates and tax credits to
reduce your carbon emissions.
Carbon dividends change everything
Page 121 of 151
Concerns about carbon pricing
•It’s a tax that hurts families and drains the economy.
•It grows the government.
•It’s a price shock to families and businesses.
•It won’t reduce carbon emissions.
•What about China?Page 122 of 151
71%
0%
100%
Business as Usual
If nothing changes, our emissions in
the U.S. are forecast to remain flat
The Intergovernmental
Panel on Climate Change
(IPCC) has issued
guidelines for how quickly
the world must reduce
emissions to stay below
the 2°C and 1.5°C
thresholds to minimize
climate change.
IPCC
Range of net
emissions to stay
within 1.5°-2.0°CEnergy Innovation and
Carbon Dividend Act
Will help drive emissions
down to Net Zero by 2050.
This polluters -pay policy
will incentivize an
explosion of clean energy
while sending carbon
cash back payments to
American households, to
spend as they see fit.
International
U.S. commitments
Impact on U.S. emissions
Page 123 of 151
Isn’t the Inflation Reduction Act enough?
•IRA will spend at least $370B on climate subsidies.
•Subsidies discourage energy efficiency.
•IRA requires management of thousands of contracts by
numerous federal agencies.
•IRA requires more federal leases for oil and gas.
•IRA missed important sources: aircraft, trains, ships
•Deployment of wind and solar depends on transmission permit
reform.
•IRA effect on emissions from other countries is minimalPage 124 of 151
•Carbon leakage occurs when one region prices carbon but another does not.
•To drive global carbon pricing, form a Climate Club of nations that price
carbon, and apply carbon border adjustments to products imported from
countries that do not price carbon.
What about China?Page 125 of 151
•Carbon border adjustments are essentially tariffs on the carbon content of
imported goods. The revenue can be given to exporters of carbon-free
goods.
•These mechanisms encourage manufacturers to remain in carbon-pricing
countries, and encourage countries without carbon pricing to establish it.
What about China?Page 126 of 151
Urgent Action Needed
▪World is building toward a climate crisis and action now can
help to avoid the most severe consequences of global
warming.
▪Overwhelming scientific consensus urgent action needed to
reduce greenhouse gas emission (e.g., see IPCC reports
https://www.ipcc.ch/reports/).
▪Pending legislation: Energy Innovation and Carbon Dividend
Act (H.R. 2307) a good place to start
(https://energyinnovationact.org)Page 127 of 151
CITIZENS’ CLIMATE LOBBY
Carbon Fee and Cashback Plan
https://citizensclimatelobby.org
What is it? How would it work?
• Fee applied at fossil fuel production source (mine, wellhead)
• Start at $15/ton and increase with time
• Proceeds from fees returned in equal share to all citizens; designed for
revenue neutrality
• Protect U.S. businesses and manufacturers using border adjustment fees on
imports from countries that do not have comparable program
• Emphasizes role of the marketplace, not regulation and bureaucracy
• Highly favored by economists as least disruptive and most economically
efficient way to reduce emissions
Benefits
• Great majority of households would realize net financial benefit
• Economic stimulus from cashback
• Job creation
• Spur innovation, energy efficiency, renewable and nuclear energy
• Save lives from air pollution
• 50% greenhouse gas emissions reduction by 2030, net zero by 2050
Action needed
• There is an overwhelming scientific consensus by reputable mainstream
scientists that urgent action is needed to reduce greenhouse gas emissions
(https://www.ipcc.ch/reports/). The world is building toward a climate crisis
and action now can help to avoid the most severe consequences of global
warming.
Pending legislation
• Energy Innovation and Carbon Dividend Act (H.R. 2307)
(https://energyinnovationact.org)
Page 128 of 151
Resolution No. ________
City _____________, State_______________
Resolution urging the United States Congress to enact the
Energy Innovation and Carbon Dividend Act of 2021 (H.R.2307)
WHEREAS, an Intergovernmental Panel on Climate Change issued the first volume of a report on the impacts of
global warming exceeding 1.5°C above pre-industrial levels in August 2021, warning that global warming is likely
to reach 1.5°C by 2030 if emissions continue to increase at the current rate; and
WHEREAS, the United Nations climate science body said in a monumental climate report that we must rapidly
make massive and unprecedented changes to global energy infrastructure to limit global warming to moderate
levels; and
WHEREAS, the United States government released its Sixth Annual Climate Assessment in August 2021 reporting
that the impacts of climate change are already being felt in communities across the country, and that more
frequent and intense extreme weather and climate-related events, as well as changes in average climate
conditions, are expected to continue to damage infrastructure, ecosystems, and social systems that provide
essential benefits to communities; and
WHEREAS, conservative estimates by the world's climate scientists state that, to achieve climat e stabilization
and avoid cataclysmic climate change, U.S. emissions of greenhouse gases (GHGs) must be brought to net zero
by 2050; and
WHEREAS, presently the environmental, health, and social costs of carbon emissions are not included in prices
paid for fossil fuels, but rather these externalized costs are borne directly and indirectly by all Americans and
global citizens; and
WHEREAS, the third volume of the Intergovernmental Panel on Climate Change Sixth Assessment Report in April
2022 stated that carbon pricing is the most efficient and cost-effective way to reduce emissions; and
WHEREAS, to begin to correct this market failure, Congress can enact the Energy Innovation and Carbon
Dividend Act of 2021 (H.R.2307) to assess a national carbon fee on fossil fuels based on the amount of CO2 the
fuel will emit when burned and allocate the collected proceeds to all U.S. households in equal per capita shares
in the form of a monthly dividend; and
WHEREAS, for efficient administration, the fossil fuels fee can be applied once, as far upstream in the economy
as practical, or at the port of entry into the United States; and
WHEREAS, as stated in the Energy Innovation and Carbon Dividend Act of 2021 (H.R. 2307), a national revenue
neutral carbon fee starting at a relatively low rate of $15 per ton of CO2 equivalent emissions and resulting in
equal charges per ton of CO2 equivalent emissions potential in each type of fuel or greenhouse gas should be
assessed to begin to lower what are now dangerously high CO2 emissions. The yearly increase in carbon fees,
including other greenhouse gases, shall be at least $10 per ton of CO2 equivalent each year, with the provision
that the annual increase will be $15 per ton of CO2 equivalent if statutory goals are not met; and
WHEREAS, the Energy Innovation and Carbon Dividend Act of 2021 (H.R.2307) specifies that, in order to protect
low and middle income citizens from the economic impact of rising prices due to the carbon fee, equal monthly
per person dividend payments shall be made to all American households (one-half payment per child under 19
Page 129 of 151
years old) each month from the fossil fuel fees collected. The total value of all monthly dividend payments shall
represent 100% of the net carbon fees collected per month; and
WHEREAS, the Energy Innovation and Carbon Dividend Act of 2021 (H.R.2307) encourages market-driven
innovation of clean energy technologies and market efficiencies which will reduce harmful pollution and leave a
healthier, more stable, and more prosperous nation for future generations; and
WHEREAS, the Energy Innovation and Carbon Dividend Act of 2021 (H.R.2307) will lead to a decrease in America’s
CO2 emissions of 37 percent in five years relative to a 2005 baseline, based on projections from Resources for the
Future, and will preserve national employment; and
WHEREAS, border adjustments - carbon content-based levies on emissions-intensive products imported from
countries without comparable carbon pricing, and refunds to our exporters of carbon fees paid - can maintain
the competitiveness of U.S. businesses in global markets; and
WHEREAS, a national carbon fee can be implemented quickly and efficiently and will respond to the urgency of
the climate crisis because the federal government already has in place mechanisms, such as the Internal
Revenue Service, needed to implement and enforce the fee, and already collects various other fees from fossil
fuel producers and importers; and
WHEREAS, a national revenue neutral carbon fee would make the United States a leader in mitigating climate
change and in the clean energy technologies of the 21st century and would provide incentive to other countries
to enact similar carbon fees, reducing global CO2 emissions without the need for complex international
agreements,
NOW, THEREFORE, BE IT:
RESOLVED, that the City of ______________, (state)______________ urges the United States Congress to enact
without delay the Energy Innovation and Carbon Dividend Act of 2021 (H.R.2307), and
BE IT FURTHER RESOLVED, that the City Manager or City Clerk, no later than 30 days af ter passage of this
Resolution, shall transmit copies of this resolution to the President and Vice President of the United States, to
the Speaker of the House of Representatives, to the Majority Leader of the Senate, to each U.S. Senator and
Representative from the State of _________________ in the Congress of the United States, and to nearby city
and county governments urging that they pass similar resolutions.
PASSED AND ADOPTED as a resolution of the City Council of the City of ________________, State of
_________________ at its regularly scheduled meeting held on __________________.
________________________________
__________________________, Mayor
City of __________________________
________________________________
_______________________, City Clerk
Page 130 of 151
AGENDA REPORT
FOR: City Council February 28, 2023
TO: Adam Lincoln, Interim City Manager City Council Regular
Meeting: 3/6/23
FROM: Darcy Buckley, Finance Director
Finance
SUBJECT: General Fund Monthly Report - January 2023
I. REFERENCE(S):
General Fund Report
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
N/A
III. FISCAL IMPACT:
N/A
IV. HISTORY AND FACTS BRIEF:
Attached is the General Fund financial update for January 2023.
The General Fund is a major fund of the City. It is the primary governmental fund
of the City and reflects all revenues and expenditures not accounted for in
another fund. The administration provides quarterly reports to Council for other
funds.
V. DISCUSSION:
Please view the attached report for details. Access to the Financial Dashboard
remains Council a work in progress. Staff requests and appreciated
understanding as we work through gaining access.
Page 131 of 151
January 2023
Monthly
General Fund
Report
Prepared by Darcy Buckley, Finance Director
Page 132 of 151
Permit Type 2022 Count 2022 Permit
Value 2023 Count 2023 Permit
Value
Commercial 26 $849,877 40 $5,024,733
Industrial 2 $44,047 8 $5,220,059
Mobile Homes 0 0 0 0
Residential 130 $7,754,796 113 $6,764,261
Total 158 $8,648,720 161 $17,009,053
Overview
The intent of this report is to provide an overview of activity in the City's General fund for the
month of January 2023.
General Fund Financial Report / Page 2
There are various economic
factors that reflect the
community's economic health
and subsequently impact the
vitality of the General Fund.
One such factor is permit
activity. It demonstrates not
only the growth and
attractiveness of the
community but also increased
revenue from building-related
sales tax activity.
The table above reflects year-to-date activity for the years 2022 and 2023. All permitted activity
in the City is included in these totals whether a small or larger scale improvement or new
construction. In comparing the totals through January of the two years, while the count of
permits issued is very similar, the value of permits issued is very different. Only the permit
category of Residential reflects a decrease. The decrease is the product of three (3) less permits
issued and a reduced overall permit value of $797,260. All other categories of permits reflect
2023 January permit values over 2022 January permit values.
For January, by Permit Subtype the greatest source of permit value and permits issued is for
Single Family Dwelling Units (20). This permit value totaled $5,231,040 for an average value of
$261,552. For the same category in 2022, the number of additional homes was slightly less (18)
and the average value $334,905.
The next highest category of January permit values was Industrial, Major Alterations of
$5,131,045. The projects included are site work for Local Bounti and the Animal Control Facility
permit. The Commercial Permit type, Major Alterations also was substantially greater than
reflected in the previous year.
Year to Date
Page 133 of 151
The sales tax rate applied to City of Pasco retail sales is 8.9%. January 2023
reflected the first month of tax collection of .2% to benefit the Pasco Public
Facilities District, a voter approved tax to support construction of an Aquatic
Center.
The City of Pasco receives a share of Regular and Optional sales tax (1%), Criminal
Justice (0.1%), and Public Safety (0.3%). Taxes that make up the majority of the
8.9% rate are distributed to the State and to Franklin County.
The City receives 85% of the 1% Regular and Optional sales tax. Criminal Justice
and Public Safety sales tax is distributed to the City by Franklin County based on
different distribution methods prescribed by State of Washington laws and
weighted by population.
Over the past many years the City has benefitted from construction sales tax
generated from major permitting activities, especially construction by large
commercial and industrial partners. These taxes are one-time in nature but the
City anticipates more of these large scale projects to help increase its sales tax
base for the next few years.
Sales tax is collected by businesses and most often reported to the State of
Washington Department of Revenue the month following collection. In turn, the
State distributes tax revenues to local jurisdictions, like the City, the following
month. This process creates a two-month time difference between sales and City
recognition. For January's distribution (November's Sales) the amount received
was $1,506,922 in Local Sales Tax. This figure is higher than the amount received
in 2021 by $294,041 and lower than the amount received in January 2022 by
$315,837. Higher than average inflation pressure has the potential to negatively
affect consumer spending. Finance staff will continue to monitor and report sale
tax revenue.
Sales Tax
General Fund Financial Report / Page 3 Page 134 of 151
General Fund Financial Report / Page 4
January Activity - Revenues
In the month of January, the City received revenues earned in the prior year as well as new, for year
2023, revenues. As a process of year end closing, accounting entries are made to close year end for
the prior year. Until year end closing is complete, a comparison between January of the current year
(2023) and January of the prior year (2022) is challenging because finalized figures are in process.
Below is a cash basis (reporting funds received in January of each year) comparison of revenues.
REVENUE SOURCE 2021 2022 2023
Taxes 2,262,928 3,393,070 3,185,891
Permits 266,204 211,825 266,264
Intergovernmental 154,533 165,654 210,754
Charges for Services 148,100 79,114 55,602
Fines & Penalties 63,439 63,098 82,330
Miscellaneous 8,705 7,915 99,414
Total $2,903,910 $3,920,676 $3,900,255
% Change 35%-.01%
Page 135 of 151
Category of Revenue Biennial Budget January 2023 % Received
Taxes
Retail Sales Tax 44,450,700 0 0.0%
Utility Tax 24,204,918 200,117 0.83%
General Property Tax 25,863,203 41,903 0.16%
Retail Sales Tax - Public Safety & Criminal Justice 8,780,000 0 0.00%
Other Tax 2,392,852 238,815 9.98%
Licenses & Permits 7,481,532 265,764 3.55%
Intergovernmental 7,194,296 66,669 0.93%
Charges for Goods and Services 19,688,841 210,636 1.07%
Fine and Penalties 1,790,529 56,805 3.17%
Miscellaneous 1,828,814 110,398 6.04%
Debt Principal 113,201 0 0.00%
Transfers and Subsidy - Revenue 35,796,816 0 0.00%
Total 179,585,702 1,190,818 0.66%
Revenue - Year-to-Date
As of January month-end, one month of a twenty four month time frame has passed or four (4%)
percent of the biennium. Revenues are not received in a linear fashion in many categories. Sales tax
for retails sales of January will be distributed to the City in March 2023. Property tax is received
primarily in two large installments in May and November. Both Utility Tax reported for January and
the Charges for Good and Service categories reflect lower values in January as year end closing has
delayed entry. The Miscellaneous category of revenue reflects a one time receipt that will not recur
later in the year.
General Fund Financial Report / Page 5
As noted on the previous page, revenue activity is adjusted to reflect year of earning. This treatment
is made to meet Generally Accepted Accounting Principles. Below are the results of January
operations following the accounting entries.
Page 136 of 151
Category Name Biennial Budget Actual as of January
31, 2023 % Spent
Transfers and Subsidy - Expense 40,131,302 23,646 0.1%
Salaries and Wages 67,719,671 2,201,756 3.3%
Personnel Benefits 21,686,728 772,274 3.6%
Supplies 6,665,827 127,815 1.9%
Services 39,990,860 3,365,873 8.4%
Capital Outlays 3,595,460 357,273 9.9%
Debt Principal 8,202,300 0 0.0%
Debt Interest 1,952,408 0 0.0%
Total 189,884,556 6,848,637 3.6%
Expense - Year-to-Date
As of January month-end, the elapsed time is approximately 4% of the biennium. As payroll
processing is spread over 26 pay periods annually, the elapsed time differs slightly from a
month-to-year comparison. For categories of expenditures, services and capital purchases are
the only categories where year-to-date spending is greater than elapsed time expectation.
Spending in both categories do not follow a linear purchase pattern. Service spending for
items like dues and subscriptions, insurance premiums and service contracts reflect one time
charges for full year benefit. In the category of Transfers and Subsidy - Expense, funding is
transferred and expense recorded in concert with capital project activity. These transfers will
increase when more construction projects are undertaken as the year progresses. The Capital
Outlays category are reflective of budgeted tool and technology purchases.
General Fund Financial Report / Page 6 Page 137 of 151
General Fund Financial Report / Page 7
Capital
Projects
M A J O R P R O J E C T S I N P R O G R E S S
General Fund provides support for
capital projects on a regular basis. The
fund also retains all Limited Tax General
Obligation bonds proceeds and transfers
those proceeds to General Construction
Fund as needed per the accounting
standards.
Fire Station 85 - Design and site work for future Fire Station
85 site began in 2022. For 2023, completion of the Fire
Station is anticipated. Funding available from a LTGO bond
issued in 2019 plus an issuance of new debt financing in 2023
will support construction spending. The 2023 - 2024 biennial
budget includes $7 million budget for this project. Carryover
of available budget as of 12/31/2022 will complete the
budgetary authority for 2023 - 2024.
In the month of January planning and
preparation for construction of Fire
Station 85 continued. A long anticipated
project for the construction of a new
Animal Control Facility reflected
spending in the month of January.
Animal Control Facility - Funding for the facility is
shared between the three partner municpalities;
Pasco, Kennewick and Richland. The City of Pasco
issued a bond in 2019 to support construction. The
total project budget is $6.4M. Funds previously
Council Approved will be carryover into the 2023
-2024 Biennial Budget to provide budget authority.
Page 138 of 151
General Fund Financial Report / Page 8
Financial
Outlook
In preparing for the coming years' needs and sound planning, the City continues efforts
to identify long-term needs. The resulting analysis efforts will allow for options to
consider funding solutions. Part of this process in 2023 is the preparation of a General
Fund Long - Term Financial Planning model. The goal of this plan is to assess future
community needs and the related demands on the General Fund.
Also part of planning efforts, some of which began in 2022, are various studies related
to fee structure. The need for assessment is especially vital where growth is driving the
City's capital expenditures. Those studies include fire and traffic impact fees and
capital expansion or connection fees for City provided utilities.
As historically true, staff prioritizes efforts to apply for grant funding or low-interest
loans to support community benefiting projects. Successful grant funding and lower
interest loan instruments lessen costs to be passed on to tax and rate payers.
Activity of one month does not provide much detail for analysis to forecast nor
estimate trends. Total revenue receipts, however, for the month of January 2023
were very similar to those of January 2022. For the month of January 2023,
development as evidenced by permitting activity, remains strong. The delayed nature
of sale tax revenue reporting presents a challenge. Sales tax is a significant revenue
source for the General Fund (Regular and Optional Sales tax is 24.8% of budgeted
biennial revenues). The continuation of inflationary pressure remains a concern.
Finance will monitor activity as the months progress in 2023.
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G E N E R A L F U N D F I N A N C I A L R E P O R T / P A G E 9
Top Boomtowns in America, SmartAsset
Page 140 of 151
AGENDA REPORT
FOR: City Council February 28, 2023
TO: Adam Lincoln, Interim City Manager City Council Regular
Meeting: 3/6/23
FROM: Rick White, Director
Community & Economic Development
SUBJECT: Public Hearing & Resolution No. 4317 - Single Room Occupancy (SRO)
Housing Moratorium
I. REFERENCE(S):
Proposed Resolution
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
CONDUCT A PUBLIC HEARING
MOTION: I move to approve Resolution No. 4317, continuing the moratorium,
established through Resolution No. 4158, prohibiting the permitting of Single
Room Occupancy housing and conversion thereto in the City of Pasco, pending
study of impacts and best development practices and policy.
III. FISCAL IMPACT:
N/A
IV. HISTORY AND FACTS BRIEF:
Pursuant to Ordinance No. 4425 passed on February 19, 2019, the City of Pasco
made provision in the Pasco Municipal Code (PMC) Chapter 25.162 for the siting
of Single Room Occupancy (SRO) housing in the C-1 (Retail Business), C-2
(Central Business District) and C-3 General Business Districts.
The intent of Ordinance No. 4425 was to provide low-income housing
opportunities and to bring nuisance motels and hotels into compliance.
As of April 2022, three (3) separate hotel conversions have been issu ed
conditional use permits, and two of the three have been issued building permits
for the physical conversion into SRO's. All are vested under the current
regulations.
Page 141 of 151
On March 7, 2022, the Pasco City Council adopted Resolution No. 4158,
declaring a moratorium prohibiting permitting SRO housing and conversion
thereto, in the City of Pasco, pending the study of SRO impacts and best
development practices and policies.
Resolution No. 4158 stated the initial SRO Moratorium shall be for six (6)
months, expiring on the 7th day of September 2022, unless otherwise terminated
or extended. Then on September 6, 2022, Council approved Resolution No.
4241, which extended the expiration date until the 7th of March, 2023.
V. DISCUSSION:
Staff recommends extension of the moratorium by adoption of the proposed
Resolution so the issues below can be effectively analyzed in the Housing
Capacity Plan.
• Assessment of current development standards
• Study of anti-displacement strategies and protective measures
• Coordination with Visit Tri-Cities, Lodging Tax Advisory Committee,
and housing stakeholders
• Consideration within the Pasco Housing Action and Implementation
Plan and the Tri-Cities Consolidated Plan.
SRO's will be analyzed in the Housing Capacity Plan in the context of the
larger perspective of housing and housing needs, affordability and housing
opportunities in Pasco. As previously noted to Council, the Housing
Capacity Plan process is near the 30% completion mark.
Page 142 of 151
Resolution – SRO Moratorium - 1
RESOLUTION NO. ________
A RESOLUTION OF THE CITY OF PASCO,
WASHINGTON, CONTINUING THE MORATORIUM
ESTABLISHED THROUGH RESOLUTION NO. 4241
PROHIBITING PERMITTING SINGLE ROOM OCCUPANCY
(SRO) HOUSING AND CONVERSION THERETO IN THE
CITY OF PASCO PENDING STUDY OF IMPACTS AND BEST
DEVELOPMENT PRACTICES AND POLICY
WHEREAS, pursuant to Ordinance 4425 passed on February 19, 2019, the City of Pasco
made provision in its code, at 25.162 for siting SRO facilities in its C-1 (Retail Business), C-2
(Central Business District), and C-3 (General Business District); and
WHEREAS, the purpose of Ordinance 4425 was to address non-compliance of certain
public nuisance properties, while also providing for low-income housing for City residents; and
WHEREAS, SROs have historically provided low-income housing to both men and
women dating back to the 19th Century; and
WHEREAS, the City of Pasco sees the potential for real impact to the City’s homeless
populations, but lacks current information necessary to ensure that best practices in terms of
development and SRO policy are utilized to reach the greatest number of residents; and
WHEREAS, the City has identified appropriate zones in which to locate SROs, but
currently lacks codes, regulations, and policies which could best effectuate the original intent
behind Ordinance 4425; and
WHEREAS, SRO housing policies include a range of broad topics warranting review of
the Department of Housing and Urban Development (HUD) rules and regulations relating to
policy limits, to ensure equal and fair treatment of all SRO residents in the City of Pasco; and
WHEREAS, the City adopted Resolution No. 4158 on March 7, 2022, declaring a
moratorium which prohibited the permitting and conversion of additional SRO units; and
WHEREAS, the City is undertaking a housing capacity plan process that will analyze a
variety of issues and options directly relating provision of housing and housing affordability and
include the opportunity for further public comment and input; and
WHEREAS, the City conducted a public hearing on SRO Moratorium on March 6, 2023,
to consider comments relating to this Moratorium; and
WHEREAS, RCW 36.70A.390 allows for a moratorium to be extended by six months as
long as a public hearing and findings are adopted prior to any extension; and
Page 143 of 151
Resolution – SRO Moratorium - 2
WHEREAS, the City adopted Resolution No. 4241 on September 7, 2022, extending the
Moratorium established through Resolution No. 4158 which prohibited the permitting and
conversion of additional SRO units, for an additional six (6) months; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO,
WASHINGTON, hereby resolves as follows:
Section 1. Findings.
After a public hearing on March 6, 2023 was held, the below findings are hereby adopted:
A. The impacts to the City due to the application of SROs could be significant on the
City’s roads and traffic system;
B. There may also be parking implications that would have impacts on the City;
C. SROs may also affect residential and commercial neighborhoods in the City; and
D. The City needs time to evaluate the impacts and to address them in terms of
potential regulations of SROs.
Section 2. Term of Moratorium. The Moratorium shall be extended six (6) months
from the date of its authorization by the City Council of the City of Pasco.
Section 3. Moratorium Continued. The Moratorium established through Resolution
4158 and continued through Resolution 4241 is hereby extended to allow for the City to conduct
a study on SRO’s impacts and best practices in terms of development standards and housing
policy.
Section 4. Effective Date. Resolution No. 4158 shall remain in effect for an
additional six (6) months, expiring on the 7th day of September, 2023, unless otherwise
terminated or extended.
PASSED by the City Council of the City of Pasco, Washington, this 6th day of March,
2023.
______________________________
Blanche Barajas
Mayor
ATTEST: APPROVED AS TO FORM:
______________________________ ______________________________
Debra Barham, CMC Kerr Ferguson Law, PLLC
Page 144 of 151
Resolution – SRO Moratorium - 3
City Clerk City Attorney
Page 145 of 151
AGENDA REPORT
FOR: City Council February 28, 2023
TO: Adam Lincoln, Interim City Manager City Council Regular
Meeting: 3/6/23
FROM: Rick White, Director
Community & Economic Development
SUBJECT: Retail Sales of Cannabis Discussion, After Rescission of Resolution No.
4303
I. REFERENCE(S):
City - Wide Buffer Map
City - Commercial - Industrial Zones Map
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
Discussion
III. FISCAL IMPACT:
N/A
IV. HISTORY AND FACTS BRIEF:
As retail sales of cannabis (marijuana) has to a degree been a lingering question
in the community, in 2021, the City Council 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.
At the Council workshop of October 11, 2022, a consensus of Council decided
to move forward with a regulatory process aimed at repealing aspects of the
current prohibition for retail cannabis sales.
Further discussion occurred at the January 9, 2023, Council Workshop meeting
and on January 17, 2023, Council adopted Resolution No. 4303, which identified
the preference of allowing retail cannabis sales in the Industrial Zoning Districts
through a conditional use permit.
Page 146 of 151
At the Council meeting of February 21, 2023, Resolution No. 4303 was rescinded
by Council.
V. DISCUSSION:
Staff will return to City Council with applicable materials as identified.
Page 147 of 151
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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 150 of 151
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 151 of 151