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HomeMy WebLinkAbout2023.09.05 Council Meeting Packet AGENDA City Council Regular Meeting 7:00 PM - Tuesday, September 5, 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 Councilmembers, the item may be removed from the Consent Agenda to the Regular Agenda and considered separately. 5 - 16 (a) Approval of Meeting Minutes for August 21st and August 28th To approve the minutes of the Pasco City Council Regular Meeting and Regular Workshop held on August 21, 2023 and August 28, 2023 respectively. 17 - 18 (b) Bills and Communications - Approving Claims in the Total Amount of $7,818,775.45 Page 1 of 109 To approve claims in the total amount of $7,818,775.45 ($9,268.70 in Check Nos. 54538 - 54553; $1,151,536.92 in Electronic Transfer Nos. 30195379 - 30196070; $6,476,426.33 in Check Nos. 258076 - 258426; $181,543.50 in Electronic Transfer Nos. 841964 - 841977, 841980, 842019 - 842047, 842116 - 842118, 842127 - 842163, 842186 - 842236, 842186 - 842236, 842260 - 842338, 842360 - 842486, 842518 - 842539, 842548 - 842561, 842566 - 842568, 842570 - 842600). 19 - 26 (c) Ordinance No. 4680 - Amending Pasco Municipal Code Section 25.180.050 Related to Corner Lot Fencing (CA2021-009) To adopt Ordinance No. 4680, amending the Pasco Municipal Code Section 25.180.050 "Design Standards related to Corner Lot Fencing and, further, authorize publication by summary only. 27 - 38 (d) Resolution No. 4370 - Interlocal Agreement with Pasco School District for Joint Use of Facilities To approve Resolution No. 4370, authorizing the City Manager to execute an Interlocal Agreement between the Pasco School District No. 1 and the City of Pasco for Joint Use of Facilities. (RC) MOTION: I move to approve the Consent Agenda as read. 5. PROCLAMATIONS AND ACKNOWLEDGEMENTS 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 39 - 49 (b) General Fund Monthly Report - July 2023 8. HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS RELATING THERETO 9. ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS Page 2 of 109 50 - 74 (a) Ordinance No. 4681 - Ziply Fiber Franchise Agreement MOTION: I move to adopt Ordinance No. 4681, approving a non - exclusive franchise to construct, install, maintain, repair, or remove fiber optic cables within the public ways of the City of Pasco and, further, authorize publication by summary only. 75 - 107 (b) *Q Ordinance No. 4682 - Cole's Estates Rezone from C-1 to MU (Z 2023-002) MOTION: I move to adopt Ordinance No. 4682, amending the zoning classification of certain real property located along the north side of Sandifur Parkway between Roads 90 and 92, Pasco, Franklin County, Washington, from C-1 to MU and, further, authorize publication by summary only. 10. UNFINISHED BUSINESS 11. NEW BUSINESS 12. MISCELLANEOUS DISCUSSION 13. EXECUTIVE SESSION 14. ADJOURNMENT 15. ADDITIONAL NOTES (a) (RC) Roll Call Vote Required * Item not previously discussed Q Quasi-Judicial Matter MF# “Master File #....” 108 - 109 (b) Adopted 2020-2021 Council Goals (Reference Only) (c) REMINDERS • Monday, September 11, 11:45 AM: Pasco Chamber of Commerce Membership Lunch Meeting – Pasco Red Lion Hotel • Thursday, September 14, 5:30 PM: Parks & Recreation Advisory Board, Council Chambers, Pasco City Hall (COUNCILMEMBER DAVID MILNE, Rep.; COUNCILMEMBER PETE SERRANO, Alt.) • Thursday, September 14, 6:00 PM: Ben Franklin Transit Board Meeting – Benton County Administration Building (COUNCILMEMBER JOSEPH CAMPOS Rep.; MAYOR PRO TEM CRAIG MALONEY, Alt.) Page 3 of 109 • Friday, September 15, 10:00 AM: Benton-Franklin Council of Governments Board Meeting – Ben-Franklin Transit, 1000 Columbia Park Trail, Richland (COUNCILMEMBER IRVING BROWN, Rep., COUNCILMEMBER DAVID MILNE, Alt.) This meeting is broadcast live on PSC-TV Channel 191 on Charter/Spectrum Cable in Pasco and Richland and streamed at www.pasco-wa.gov/psctvlive. Audio equipment available for the hearing impaired; contact the Clerk for assistance. Servicio de intérprete puede estar disponible con aviso. Por favor avisa la Secretaria Municipal dos días antes para garantizar la disponibilidad. (Spanish language interpreter service may be provided upon request. Please provide two business day's notice to the City Clerk to ensure availability.) Page 4 of 109 AGENDA REPORT FOR: City Council August 30, 2023 TO: Adam Lincoln, City Manager City Council Regular Meeting: 9/5/23 FROM: Debra Barham, City Clerk City Manager SUBJECT: Approval of Meeting Minutes for August 21st and August 28th I. REFERENCE(S): 08.21.2023 & 08.28.2023 Draft Council Minutes II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: To approve the minutes of the Pasco City Council Regular Meeting and Regular Workshop held on August 21, 2023 and August 28, 2023 respectively. III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: V. DISCUSSION: Page 5 of 109 MINUTES City Council Regular Meeting 7:00 PM - Monday, August 21, 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, and Pete Serrano Councilmembers absent: David Milne and Zahra Roach Staff present: Adam Lincoln, City Manager; Richa Sigdel, Deputy City Manager; Darcy Buckley, Finance Director; Eric Ferguson, City Attorney; Kevin Crowley, Fire Chief; Eric Ferguson, Jacob Gonzalez, Community & Economic Development Director; City Attorney; Jesse Rice, Information Technology Director & Interim Administrative & Community Services Director; Ken Roske, Police Chief; 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 August 7th and August 14th To approve the minutes of the Pasco City Council Regular Meeting and Regular Workshop held on August 7, 2023 and August 14, 2023 respectively. Bills and Communications - Approving Claims in the Total Amount of $3,995,477.10 To approve claims in the total amount of $3,995,477.10 ($2,556,579.24 in Check Nos. 257877 - 258075; $206,935.82 in Electronic Transfer Nos. 842356 - 842357, 842359; $20,487.01 in Check Nos. 54518 - 54537; $1,211,475.03 in Electronic Transfer Nos. 30194685 - 30195378). Page 1 of 7Page 6 of 109 Historic Preservation Commission Reappointments of Malin Bergstrom & Daniel Stafford To confirm the Mayor's reappointments of Malin Bergstrom and Daniel Stafford to Position Nos. 1 and 2 respectively on the Historic Preservation Commission with terms expiring on August 1, 2026. Resolution No. 4367 - United States Department of the Interior, Bureau of Reclamation Land Acquisition (Contract No. 21-07-16-L6276) To approve Resolution No. 4367, authorizing the City Manager to enter into Contract No. 21-07-16-L6276 with the United States Department of the Interior Bureau of Reclamation for the purchase of lands. Resolution No. 4368 - Approval of Washington State Department of Health Loan Agreement No. PCL28205-0 for the Butterfield Water Treatment Plant Improvement Project To approve Resolution No. 4368, authorizing the City Manager to execute Loan Agreement No. PCL28205-0 with the Department of Health. MOTION: Mayor Pro Tem Maloney moved, seconded by Councilmember Serrano to approve the Consent Agenda as read by Roll Call vote. RESULT: Motion carried unanimously 5-0 AYES: Mayor Barajas, Mayor Pro Tem Maloney, Councilmember Brown, Councilmember Campos, and Councilmember Serrano ABSENT: Councilmember Milne and Councilmember Roach PROCLAMATIONS AND ACKNOWLEDGEMENTS Attendance Awareness Month Proclamation Mayor Barajas invited Impact Director Jessica Sagdal with United Way Benton & Franklin forward to the lectern. Ms. Sagdal provided a few words regarding the United Way's initiate. Then Mayor Barajas read the proclam ation for "Attendance Awareness Month" scheduled for September 2023 and presented it Ms. Sagdal. PUBLIC COMMENTS Martin Lopez, Pasco resident and Tierra Vida Home Owners Association President, requested safety enhancements (traffic calming speed bumps) on the City streets within the Tierra Vida Community. Gracie Valle-Chimel, Shelia Mickelson and Martin Lopez, Pasco residents and Tierra Vida HOA members, presented a large poster to the City of Pasco and Pasco Police Department from the children living within Tierra Vida as a token of their appreciation to the City and the Police Department staff. Page 2 of 7Page 7 of 109 John Scheline, B4 Development and Consulting representative, expressed concern about the Empire Bros Latecomers Agreement and for not receiving answers to his questions from staff in a timely manner. He distributed a group of printed emails to Council. Steve Bauman, B4 Development and Consulting owner, expressed concern about a recent issue with his business license with the City of Pasco. Charles Grimm, Pasco resident, commented on the new Washington State Department of Transportation's sound barrier wall along US-395, north of the Blue Bridge. EXECUTIVE SESSION Council adjourned into Executive Session at 7:23 PM for 20 minutes to discuss with legal counsel about current or potential litigation per RCW 42.30.110(1)(i) and 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 location and use of the property. The City Manager, Deputy City Manager, City Attorney and Public Works Director also attended the Executive Session. Mayor Barajas called the meeting back to order at 7:44 PM. REPORTS FROM COMMITTEES AND/OR OFFICERS Verbal Reports from Councilmembers Mr. Serrano reported on a groundbreaking event for the third Pasco School District Highschool and the ribbon cutting event for the Windemere Group One Pasco facility grand opening he recently attended. Mr. Campos reported on the Good Roads meeting he recently attended. Mr. Brown also commented on ribbon cutting and grand opening for Windemere Group One and expressed appreciation for filling in for Mayor Barajas. Financial Reports - Year To Date through Second Quarter 2023 & June 2023 General Fund Ms. Buckley provided a brief overview of the City's financial reports, as well as an outlook of anticipated projects. ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS Ordinance No. 4678 - Creating Pasco Municipal Code Title 18 Public Art and Murals Page 3 of 7Page 8 of 109 Mr. Gonzalez provided a brief report on the proposed amendments within the Pasco Municipal Code to include a new Title "Public Art and Murals." Mayor Pro Tem Maloney expressed support for the addition of public art and murals within Pasco. He asked clarifying questions relating to public verses private funded murals and obscene. Both Mr. Gonzalez and Mr. Ferguson replied. Mr. Serrano questioned the need for definitions o f words such as obscene. MOTION: Mayor Pro Tem Maloney moved, seconded by Councilmember Brown to adopt Ordinance No. 4678, amending Pasco Municipal Code, Chapter 17.10 Definitions, Sections 17.15.010, Interpretation of Sign Allowance Table and 17.20.010 Permits, Fees and Inspection, and creating a new Title 18 Public Art and Murals and, further, publish by summary only. RESULT: Motion carried. 4-1 AYES: Mayor Barajas, Mayor Pro Tem Maloney, Councilmember Brown, and Councilmember Campos NAYS: Councilmember Serrano ABSENT: Councilmember Milne and Councilmember Roach Ordinance No. 4679 & Resolution No. 4369 - Bid Award Process Water Reuse Facility Ph 2: Winter Storage Mr. Worley provided a brief report regarding the proposed bid award for Phase 2 of the Process Water Reuse Facility. Mayor Pro Tem Maloney asked about the range of the bids received for this project and the difference from the Engineer's Estimate. He also asked about the budget adjustment needed to complete the project. Mr. Worley explained that the Engineer's Estimate was conservative and was confident that the bidder awarded the contract knows what it takes to move the material at a reduced cost. He also explained the development of a project process and estimations for a project's cost. MOTION: Mayor Pro Tem Maloney moved, seconded by Councilmember Serrano to adopt Ordinance No. 4679, amending the 2023 -2034 Biennial Capital Project Budget (Ordinance No. 4620) of the City of Pasco, Washington, by providing supplement thereto; to provide additional appropriation in the City's Process Water Reuse Facility Utility Fund, and, further, authorize publication by summary only. RESULT: Motion carried unanimously 5-0 AYES: Mayor Barajas, Mayor Pro Tem Maloney, Councilmember Brown, Councilmember Campos, and Councilmember Serrano ABSENT: Councilmember Milne and Councilmember Roach Page 4 of 7Page 9 of 109 MOTION: Mayor Pro Tem Maloney moved, seconded by Councilmember Brown to approve Resolution No. 4369, awarding the Process Water Reuse Facility Phase 2 Winter Storage project to Tapani, Inc. of Battle Ground, Washington, in the amount of $31,588,246.92, including Washington State Sales Tax, and further authorize the City Manager to execute the contract documents. RESULT: Motion carried unanimously 5-0 AYES: Mayor Barajas, Mayor Pro Tem Maloney, Councilmember Brown, Councilmember Campos, and Councilmember Serrano ABSENT: Councilmember Milne and Councilmember Roach Ordinance No. 4677 & Resolution No. 4366 - Budget Adjustment & Bid Award for GESA Stadium Improvements Mr. Worley provided a brief overview of the proposed bid award for GESA Stadium Improvements Project. Mayor Pro Tem Maloney asked about the costs for this project and Mr. Worley responded. MOTION: Mayor Pro Tem Maloney moved, seconded by Councilmember Brown to adopt Ordinance No. 4677, amending the 2023-2024 Biennial Capital Projects Budget, by providing supplement thereto; to provide additional appropriation in the City's stadium fund and, further, authorize publication by summary only. RESULT: Motion carried unanimously 5-0 AYES: Mayor Barajas, Mayor Pro Tem Maloney, Councilmember Brown, Councilmember Campos, and Councilmember Serrano ABSENT: Councilmember Milne and Councilmember Roach MOTION: Mayor Pro Tem Maloney moved, seconded by Councilmember Campos to approve Resolution No. 4366, awarding Bid No. 19-997 for the GESA Stadium Improvements project to Apollo Inc. of Kennewick Washington; and further authorize the City manager to execute the contract documents and allowing all necessary budget adjustments. RESULT: Motion carried unanimously 5-0 AYES: Mayor Barajas, Mayor Pro Tem Maloney, Councilmember Brown, Councilmember Campos, and Councilmember Serrano ABSENT: Councilmember Milne and Councilmember Roach Ordinance No. 4676 & Resolution No.4365 - Budget Adjustment and Bid Award - Broadmoor Area Utility Improvements – Phase 1B Page 5 of 7Page 10 of 109 Mr. Worley provided a brief overview of the proposed bid award for the Broadmoor Area Utility Improvements Phase 1B project. MOTION: Mayor Pro Tem Maloney moved, seconded by Councilmember Serrano to adopt Ordinance No. 4676, amending the 2023-2024 Biennial Budget (Ordinance No. 4620) of the City of Pasco, Washington, by providing supplement thereto; to provide additional appropriation in the City's Water/Sewer/Irrigation Utility Funds for the construction of Broadmoor Area Utility Improvements - Phase 1B project and, further, authorize publication by summary only. RESULT: Motion carried unanimously 5-0 AYES: Mayor Barajas, Mayor Pro Tem Maloney, Councilmember Brown, Councilmember Campos, and Councilmember Serrano ABSENT: Councilmember Milne and Councilmember Roach MOTION: Mayor Pro Tem Maloney moved, seconded by Councilmember Campos to approve Resolution No. 4365, awarding Bid No. 22377 -1B for the Broadmoor Area Utility Improvements – Phase 1B project to Goodman & Mehlenbacher Enterprises, Inc. of Kennewick, Washington; and further, authorize the City Manager to execute the contract documents and allowing all necessary budget adjustments. RESULT: Motion carried unanimously 5-0 AYES: Mayor Barajas, Mayor Pro Tem Maloney, Councilmember Brown, Councilmember Campos, and Councilmember Serrano ABSENT: Councilmember Milne and Councilmember Roach NEW BUSINESS HAPO Center Update Ms. Sigdel provided a brief report regarding the HAPO Center (formally named TRAC) starting with its history. She noted that the 30-year Interlocal Agreement with Franklin County will conclude in mid 2024. She noted that staff is working with the Franklin County to assess the facility to understand the investment needed to update the facility, including operating costs of the facility. Mayor Pro Tem Maloney expressed concern about continuing an ILA with Franklin County as the City has not been much of a partner throughout the current ILA. Mr. Campos added to Mayor Pro Tem Maloney's comments stating that the City serves as advisors only. Mayor Barajas suggested that the City have additional conversations with Franklin County staff. Page 6 of 7Page 11 of 109 Mayor Pro Tem recommended that the City appointed representatives to the HAPO Center review and complete initial analysis of the assessments as they are completed and report back to Council with recommendations to Council as a whole related to the HAPO Center. MISCELLANEOUS DISCUSSION Mr. Rice reported on the Felines and Firefighters event held at the Tri -Cities Animal Shelter on August 18th. He commented on recent Recreation Division back-to-school events and noted that all outdoor events were canceled due to the poor air quality issue . Lastly, he announced the new Indoor wayfinding signage in City Hall was underway. Mr. Campos commented on traffic safety, specifically in the Tierra Vida community. Mayor Pro Tem Maloney asked for an update regarding the fires around the state. He also asked Mr. Rice about the Fiery Foods Festival scheduled on September 9, 2023. Mayor Barajas expressed thanks to the Pasco Fire Department staff for their participation during the recent Animal Shelter event. ADJOURNMENT There being no further business, the meeting was adjourned at 8:52 PM. PASSED and APPROVED this ____ day of ________________, 20__. APPROVED: ATTEST: Blanche Barajas, Mayor Debra Barham, City Clerk Page 7 of 7Page 12 of 109 MINUTES City Council Workshop Meeting 7:00 PM - Monday, August 28, 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, Zahra Roach, and Pete Serrano Councilmembers absent: David Milne Staff present: Adam Lincoln, City Manager; Richa Sigdel, Deputy City Manager; Darcy Buckley, Finance Director; Eric Ferguson, City Attorney; Kevin Crowley, Fire Chief; Eric Ferguson, Jacob Gonzalez, Community & Economic Development Director; City Attorney; Jesse Rice, Information Technology Director & Interim Administrative & Community Services Director; Ken Roske, Police Chief; Steve Worley, Public Works Director; and Debby Barham, City Clerk The meeting was opened with the Pledge of Allegiance. VERBAL REPORTS FROM COUNCILMEMBERS Mayor Pro Tem Maloney commented on the recent Pasco School District's (PSD) Digital Learning Center ribbon cutting and grand opening event. Ms. Roach commented on the PSD survey regarding the new High School names and she commented on the rally, held earlier in the evening, supporting Mr. Brown. Mayor Barajas expressed appreciation for the support from Council when she is not available to attend ribbon cutting events. She also commented on the rally supporting Mr. Brown. Mr. Brown expressed thanks to those who supported him at the rally related to racist issues targeting him by defiling his campaign signs. Page 1 of 4Page 13 of 109 ITEMS FOR DISCUSSION Ordinance - Amending Pasco Municipal Code Section 25.180.050 Related to Corner Lot Fencing (CA2021-009) Mr. Gonzalez provided a brief review of the proposed amendments to the Pasco Municipal Code (PMC) related to corner lot fencing. Ms. Sigdel arrived at 7:12 PM. Council and staff discussed the variance process, which includeds: • A request for a report next year that provides statistics on the number of applications received for variances and then the number of variances that were approved, pending or denied. • A suggestion of creating desk instructions for staff to follow when administering variances was made. • Another suggestion was to include a variance check box on the permit application. • Staff provided clarification of the fence heights based on neighboring residence building height and the traffic sight triangle requirement. • Possibility of adding additional "whereas" clauses in the ordinance to explain Council's intent related to variances. Staff will prepare and respond to the information that Council provided when the proposed ordinance related to the corner lot fencing returns for final approval. Ordinance - Ziply Fiber Franchise Agreement Mr. Ferguson provided a brief report on the recent updates to the proposed fiber optics telecommunications franchise agreement with Ziply Fiber. Mayor Pro Tem Maloney asked for clarification on this franchise agreement based on the current franchise agreements for telecommunications. Mr. Ferguson explained the differences with the proposed franchise agreement in relation to other franchise agreements. Resolution - Interlocal Agreement with Pasco School District for Joint Use of Facilities Mr. Rice provided a brief report related to the proposed interlocal agreement for joint use of facilities with the Pasco School District (PSD). American Rescue Plan Act Updates Ms. Sigdel provided a brief update related to the status of the American Rescue Plan Act (ARPA) funding. Page 2 of 4Page 14 of 109 Council and staff discussion ensued and included: • Renovation of MLK Center • Risk of loosing funding • What staff needs from Council to finalize incumbering the ARPA funds • Possibility of building a new MLK Center versus updating the old Center • Council expressed thanks to staff for applying for the ARPA funds • Council expressed appreciation that ARPA funding helped 89 small businesses in a time of need • Council expressed support for the MLK Center updates • Council expressed support for the Boys & Girls Club updated; however, their top priority remains to be renovations for the MLK Center • Questioned the status of $1M for mental health issues • Suggested the possibility of additional staff to serve the community Resolution - Northwest Baseball Ventures I, LLC (Tri-City Dust Devils) Lease Renewal at GESA Stadium Mr. Rice and Mr. Ferguson introduced Brent Miles and Derrell Ebert with Northwest Baseball Ventures I, LLC, who were in the audience and available to answer questions if needed. Mr. Rice provided a brief report related to the new ten-year lease for the GESA Stadium with Northwest Baseball Ventures I, LLC. Council, Mr. Miles, Mr. Ebert, Mr. Ferguson and Mr. Rice discussed the terms and conditions of the new lease and the requirements imposed on by the Major League Baseball (MLB) for the Dust Devils to remain as a minor's team to the MLB. At the end of the discussion, it was determined that City staff will work with the Northwest Baseball Ventures I, LLC staff to clarify the remaining terms of the lease that were unclear. City staff will gather, analyze and provide the City's financial related to the proposed lease agreement to Council when the lease agreement is brought back for approval. MISCELLANEOUS COUNCIL DISCUSSION Mr. Rice announced the Fiery Food Festival scheduled for September 9th, as well as Doggie Paddle, scheduled for August 30th, at the Memorial Pool. Mr. Serrano expressed appreciation to Mr. Brown and he stands with him and against racism. Next, he commented on Mr. Milne's recent accident and subsequent surgery. Ms. Roach sent well wishes for a speedy recovery to Mr. Milne. She also commented on the recent decision made by Franklin County for the HAPO Center management. Mayor Pro Tem Maloney and Mr. Campos commented on their involvement in the hiring process related to the HAPO Center management company as members of the HAPO Center Advisory Board. Page 3 of 4Page 15 of 109 Mayor Pro Tem Maloney denounced the recent racism issues through damage to Mr. Brown's campaign signs and expressed support for Mr. Brown. Mr. Roach asked about the status of short-term rentals within Pasco. Mayor Barajas commented on positive comments she received recently regarding AskPasco App. She also provided suggestions to enhance the AskPasco App which included: • Adding a selection for a Resource Navigator • Adding a link to the proclamation process • Adding a link to the Fire Department and Police Department. Next, Mayor Barajas announced that the Peruvian government is seeking a friendship agreement with the City of Pasco. She apologized to Pasco Chief Roske in advance for missing the next "Coffee with a Cop" event. She commented on the Domestic Violence Services of Benton and Franklin Counties last fundraising event where the Pasco Fire and Police Chiefs were on bid to have lunch with a silent auction winner. Lastly, she commented on racism in the community and how to rise from it and keep pushing forward in doing the good work and say no to racism. CLOSED SESSION Council adjourned into Closed Session at 8:51 PM for 10 minutes to discuss Collective Bargaining Unit Negotiations per RCW 42.30.140(4)(a) with the City Manager, Deputy City Manager, City Attorney and Fire Chief. Fire Chief Crowley left the Closed Session at 8:57 PM. Mayor Barajas called the meeting back to order at 9:01 PM. ADJOURNMENT There being no further business, the meeting was adjourned at 9:01 PM. PASSED and APPROVED this __ day of ________________, 20__. APPROVED: ATTEST: Blanche Barajas, Mayor Debra Barham, City Clerk Page 4 of 4Page 16 of 109 AGENDA REPORT FOR: City Council August 31, 2023 TO: Adam Lincoln, City Manager City Council Regular Meeting: 9/5/23 FROM: Darcy Buckley, Finance Director Finance SUBJECT: Bills and Communications - Approving Claims in the Total Amount of $7,818,775.45 I. REFERENCE(S): Accounts Payable 09.05.2023 II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: To approve claims in the total amount of $7,818,775.45 ($9,268.70 in Check Nos. 54538 - 54553; $1,151,536.92 in Electronic Transfer No s. 30195379 - 30196070; $6,476,426.33 in Check Nos. 258076 - 258426; $181,543.50 in Electronic Transfer Nos. 841964 - 841977, 841980, 842019 - 842047, 842116 - 842118, 842127 - 842163, 842186 - 842236, 842186 - 842236, 842260 - 842338, 842360 - 842486, 842518 - 842539, 842548 - 842561, 842566 - 842568, 842570 - 842600). III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: V. DISCUSSION: Page 17 of 109 REPORTING PERIOD: September 5, 2023 Claims Bank Payroll Bank Gen'l Bank Electronic Bank Combined Check Numbers 258076 - 258426 54538 - 54553 Total Check Amount $6,476,426.33 $9,268.70 Total Checks 6,485,695.03$ Electronic Transfer Numbers 841964 - 841977 30195379 - 30196070 841980 842019 - 842047 842116 - 842118 842127 - 842163 842186 - 842236 842186 - 842236 842260 - 842338 842360 - 842486 842518 - 842539 842548 - 842561 842566 - 842568 842570 - 842600 Total EFT Amount $181,543.50 $1,151,536.92 $0.00 Total EFTs 1,333,080.42$ Grand Total 7,818,775.45$ Councilmember 100 1,342,615.13 110 9,681.42 140 10,176.54 145 1,581.99 150 60,285.80 155 20,443.82 160 12,057.21 165 2,455.34 168 51,703.42 170 1,344.84 180 2,154.69 185 2,326.54 190 19,850.60 194 2,844.71 196 HOTEL/MOTEL EXCISE TAX 20,072.20 367 3,225,649.02 410 1,695,723.01 510 31,522.84 520 69,470.58 630 991.35 690 1,235,824.40 GRAND TOTAL ALL FUNDS:7,818,775.45$ FLEX PAYROLL CLEARING EQUIPMENT RENTAL - OPERATING GOVERNMENTAL MEDICAL/DENTAL/VISION INSURANCE ECONOMIC DEVELOPMENT GENERAL CAP PROJECT CONSTRUCTION UTILITY, WATER/SEWER RIVERSHORE TRAIL & MARINA MAIN REVOLVING ABATEMENT CEMETERY ATHLETIC PROGRAMS ANIMAL CONTROL SENIOR CENTER OPERATING MULTI-MODAL FACILITY C.D. BLOCK GRANT MARTIN LUTHER KING COMMUNITY CENTER AMBULANCE SERVICE ARPA Councilmember SUMMARY OF CLAIMS BY FUND: GENERAL FUND STREET August 17 to August 30, 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, 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 5th day of September, 2023 that the merchandise or services hereinafter specified have been received and are approved for payment: Page 18 of 109 AGENDA REPORT FOR: City Council August 17, 2022 TO: Adam Lincoln, City Manager City Council Workshop Meeting: 9/5/23 FROM: Jacob Gonzalez, Director Community & Economic Development SUBJECT: Ordinance No. 4680 - Amending Pasco Municipal Code Section 25.180.050 Related to Corner Lot Fencing (CA2021 -009) I. REFERENCE(S): Ordinance II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to adopt Ordinance No. 4680, amending the Pasco Municipal Code Section 25.180.050 "Design Standards related to Corner Lot Fencing and, further, authorize publication by summary only. III. FISCAL IMPACT: N/A IV. HISTORY AND FACTS BRIEF: A proposal to amend the Pasco Municipal Code's (PMC) regulations for fences for residential development has been prepared by City staff. The proposal follows several discussions and presentations with the Pasco Planning Commission and City Council. The urgency associated with the proposal arises from the current strict interpretation and application of the existing regulations. The PMC stipulates that fencing within front yard areas may not exceed 6’ in height. When the fencing is proposed within the flanki ng street front yard area on corner lots the following applies: 1. When two contiguous corner lots, or two corner lots separated only by an alley right-of-way, form the entire frontage between parallel or nearly parallel streets, walls and hedges shall be limited to six feet within the front yard adjacent to the side street. 2. When then the front door of the adjacent home faces the side street all fences greater than 3.5’ in height must be set back to the building line of the dwelling. Page 19 of 109 Fences taller than 3.5' are allowed only if situation #1 requirements are met. Some lots fall under situation #2, limiting how far 6' fences can extend towards the frontage property line. The result has led to some properties not being afforded the same type of allowances as o thers, particularly, shorter fences, which has caused concerns for privacy and safety. While the PMC dictates the criteria for development, it also provides applicants with a variance process. The PMC Section 25.195.020 outlines both the process and criteria for variances. The variance process is open to any applicant, provided that any variance granted shall ensure that the adjustment (variance) does not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and zoning in which the subject property is situated. Applications with variances are available online (https://www.pasco- wa.gov/455/Hearing-ExaminerVariance) and available at the Permit Counter at Pasco City Hall. A search of ordinances indicated that the current fence regulations have been in place since at least 1970. V. DISCUSSION: City staff have prepared an amendment to the current fence regulations that would aim for more flexibility in the location and height of a fence for existing homes and new developments. The proposal is summarized below, and attached to the staff report. The proposal would eliminate the requirement for a fence to be determined by the building line of a neighboring property. This removal of this requirement would address many of the historic concerns received by residents. A provision that takes into account the direction of the home is facing would remain. The staff proposal also recommends: • Increase the height allowed to 6' at the property line along the rear, and side yard; • Increase front yard height, allowing 3.5 feet and 1.5 feet of 85% transparent materials at the property line • Allow 6 feet of solid fence when set back 15 feet from the property line The above shall be permitted when fencing does not obstruct the sight distance requirements. The proposal will provide increased relief for applicants seeking fence permits. However, it is likely that may not fully satisfy all Pasco residents, but emphasizes the significance of developing practical regulations that can be effectively Page 20 of 109 implemented and enforced citywide. For those seeking additional relief, or with a special circumstance, the variance process will be available to pursue. In addition to the proposed amendment, the Department of Community and Economic Development will actively review all relevant permit application forms and include resources for applicants, such as the variance option and process. Page 21 of 109 Ordinance – Amending PMC 25.180.050 - 1 ORDINANCE NO. ________ AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON, AMENDING THE PASCO MUNICIPAL CODE SECTION 25.180.050 “DESIGN STANDARDS” RELATED TO CORNER LOT FENCING. WHEREAS, the Landscaping and Screening chapter of the Pasco Municipal Code (PMC) 25.180 is intended to establish minimum standards for the provision of design, maintenance, and sight-obscuring methods within residential zoning districts; and WHEREAS, the existing fence regulations in the municipal code require revision to better address changing community needs and ensure public safety; and WHEREAS, there is a need to establish clear guidelines for fence heights and placement, taking into consideration the balance between property privacy, safety, and maintaining neighborhood cohesion; and WHEREAS, the intent of this amendment is to update and increase flexibility for corner lot fencing within the City. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. That Section 25.180.050 entitled “Design Standards” within the Landscaping and Screening Chapter of the Pasco Municipal Code shall be and hereby is amended and shall read as follows: 25.180.050 Design standards. (1) Fences, Walls and Hedges. (a) The height of fences, walls and hedges located between a structure and street or alley shall be measured from the street curb or alley grade except in those cases where topographical irregularities occur. The height of fences, walls and hedges between a structure and a common lot line shall be measured from the grade along the common lot line or top of any structural retaining wall occurring at the common lot line. (b) Fences and walls in commercial districts shall complement the materials used in any principal on-site structures. (c) The height of fences, walls and hedges shall be limited to 3.5 feet solid fencing. An additional 1.5 feet comprised of 85% transparent material is permitted for a maximum of 5 feet within the front yard area of residentially zoned lots, retail business and office zoned lots.; provided, Page 22 of 109 Ordinance – Amending PMC 25.180.050 - 2 when two contiguous corner lots, or two corner lots separated only by an alley right-of-way, form the entire frontage between parallel or nearly parallel streets, the height of fences, walls and hedges shall be limited to six feet within the front yard adjacent to the side street; except where the front door of a house faces the side street all fences greater than 3.5 feet in height must be set back to the building line of the house facing the side street. A 6-foot fence in the front yard next to the side street is permitted if the property is at a corner where two corner lots are next to each other or separated only by an alley. If the house's front door faces the side street, any fences taller than what is allowed in the front yard must be placed 15 feet away from the side street's property line. (i) Fences greater than 3.5 feet in front yards must provide address numbers to the fence in conformance with the International Building Code. (ii) Fences greater than 3.5 feet in front yards must be equipped with knox boxes if gates are locked. (d) The height of fences, walls and hedges within the side and rear yards of residentially zoned lots, retail business and office zoned lots shall be limited to six feet. A gate or opening with a minimum three-foot width leading into at least one side yard shall be provided. (e) Fences shall not be constructed out of tires, pallets, bed springs, multi-colored materials, tarps, plastic sheets, corrugated sheet metal, except in industrial districts, wheel rims and similar or like materials not traditionally manufactured or used for fencing purposes. Hog wire, chicken wire, horseman wire mesh, v-mesh, field fence, woven field fence, welded utility fence, or any similar or like wire fencing material is not permitted in residential or commercial zones. Horseman wire mesh and the other wire fencing listed above may be permitted in suburban residential districts on tracts larger than one acre that are used for animal husbandry. Fences built with valid permits prior to the effective date of this chapter or fences on properties annexed to the City after the effective date of this chapter are exempt from this subsection. (f) Fences constructed of wrought iron with interspersed brick or block columns of up to five feet in height may be permitted within front yards in the R-S-20 and R-S-12 districts provided said fencing is 85 percent transparent. (gf) Barbed and razor wire fencing is prohibited in all residential districts, in the office district and the central business district. Barbed wire may be permitted in suburban residential districts on tracts larger than one acre that are used for animal husbandry. In the C-1 retail business district Page 23 of 109 Ordinance – Amending PMC 25.180.050 - 3 only one strand of barbed wire is permitted along the top rail or within two inches of the top rail. (hg) Electrified fences are not permitted in residential districts except as a secondary means of securing property where the electrified fence is located behind an existing fence or in suburban districts to contain permitted farm animals. (ih) In all front yards, whether on properties with single, double, or triple frontage, rails, posts and other structural fence supports shall not be visible from a public street; except that posts and rails that are an integral part of the fence design and aesthetics and not used solely for structural support may be visible from a public street. (ji) All fencing in commercial and industrial districts shall be placed on the inward side of any required perimeter landscaping, with landscape treatments occurring along the street frontage. (kj) No fence, wall or hedge, landscape material or foliage higher than three feet above curb grade shall be located or planted within an area 20 feet along the property lines from the intersection of two streets, including the area between such points, or 15 feet from the intersection of a street and an alley; provided, however, that if an alternative fence material is used, such as masonry, wrought iron, wood, or combination thereof, then the fence must be 75 percent transparent and may be a maximum six feet in height; or a smaller, 75 percent transparent fence set upon a maximum three-foot wall or other structure not exceeding a combined height of six feet may be erected within said area of intersection of street and alley, so long as the fence is at all times unobstructed by foliage or other matter. (lk) Fences constructed in any zoning district may be permitted at the back of sidewalks in public right-of-way upon approval of the City Engineer, except as provided in PMC 25.180.050(1)(j). (ml) All residential fencing within the I-182 overlay district, as defined by PMC 25.130.020, adjacent to the I-182 right-of-way shall be constructed of masonry block. Replacement of pre-existing Surewood fences within the district shall use masonry block or cedar material prescribed by the City as prestained, knotless cedar 23/32-inch thick, five and one-half inches wide and six feet tall. (nm) No fence or wall shall be erected without first obtaining a building permit from the Building Inspector. (2) Clearance Distances. Where a fire hydrant is located within a landscape area it shall be complemented by a minimum clearance radius of three feet; no Page 24 of 109 Ordinance – Amending PMC 25.180.050 - 4 tree, as measured from its center, shall be located within 10 feet of a street light standard, or within five feet of a driveway or a fire hydrant. (3) Commercial and Industrial Districts. (a) The first 10 feet of all commercial and industrial property abutting an arterial street and the first five feet of all commercial and industrial property abutting a local access street shall be treated with landscaping at the time the property is developed. No less than 65 percent of the landscaped area must be treated with live vegetation at the time of planting. (b) In addition to the requirements contained in this chapter and unless specified otherwise in Chapter 25.130 PMC, commercially and industrially zoned properties adjacent to properties in less intense zoning districts shall have a 10-foot landscape buffer on the side immediately adjacent to the less intense zoning district. The landscaped buffer shall meet the following standards: (i) Live vegetation within the landscape buffer shall be planted with a mix of evergreen and deciduous trees and shrubs interspersed throughout the landscape buffer. (ii) The live vegetation shall consist of 40 percent evergreen trees. (iii) Trees shall be provided at a minimum rate of one tree for every 20 linear feet of property line and spaced no more than 30 feet on center spacing along each property line, unless planted in groupings of three trees, with groupings spaced no more than 50 feet on center along each property line. (iv) Shrubs shall be provided at a minimum rate of one per eight linear feet of property line and spaced no more than 16 feet apart on center. (v) Parking lots located adjacent to properties in less intense zoning districts require 100 percent of the landscape buffer to be planted with live vegetation. (c) The area between property lines and the back edge of street curbs, within right-of-way and exclusive of sidewalks and driveways for ingress/egress, shall be treated with landscape materials. (4) Residential Districts. At least 50 percent of the required front yard area for all residential property, including right-of-way but excluding driveways, Page 25 of 109 Ordinance – Amending PMC 25.180.050 - 5 shall be treated with live vegetation. Planting strips shall be treated as per PMC 12.12.070; and (5) All areas of a lot or parcel not landscaped or covered with improvements shall be maintained in such a manner as to control erosion and dust. Gardens within established landscapes are excluded from this provision in residential districts. Front yard areas not covered by the required 50 percent live vegetation must be covered by mulches or decorative rock. [Ord. 4157 § 1, 2014; Ord. 4110 § 28, 2013; Ord. 3763 §10, 2006; Code 1970 § 25.75.050.] Section 2. Severability. If any section, subsection, sentence, clause, phrase or word of this Ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality thereof shall not affect the validity or constitutionality of any other section, subsection, sentence, clause, phrase or word of this Ordinance. Section 3. Corrections. Upon approval by the city attorney, the city clerk or the code reviser are authorized to make necessary corrections to this Ordinance, including scrivener’s errors or clerical mistakes; reference to other local, state, or federal laws, rules, or regulations; or numbering or referencing of Ordinances or their sections and subsections. Section 4. 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 26 of 109 AGENDA REPORT FOR: City Council August 30, 2023 TO: Adam Lincoln,City Manager City Council Regular Meeting: 9/5/23 FROM: Jesse Rice, Interim Director Administrative & Community Services SUBJECT: Resolution No. 4370 - Interlocal Agreement with Pasco School District for Joint Use of Facilities I. REFERENCE(S): Draft Resolution Draft Interlocal Agreement II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to approve Resolution No. 4370, authorizing the City Manager to execute an Interlocal Agreement between the Pasco School District No. 1 and the City of Pasco for Joint Use of Facilities. III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: The City of Pasco (City) and the Pasco School District No.1 (District) in the interest of supporting programs for the community in the areas of athletics, recreation, and education entered into an Interlocal Agreement (ILA) in 2007 for joint use of facilities. That ILA provided the City and District priority use of each other's facilities over other users, if not in use for their own scheduled activities or programs. The current ILA includes a list of specific facilities and outdated operational and scheduling processes. To address these issues and continue the community partnership both parties wish to renew with an updated ILA for Joint Use of Facilities. The updated ILA expands use to both current and future facilities, includes updated processes for scheduling facilities, identifies each agencies contacts, and has a term of 10 years, with automatic renew for 5-year terms unless notice is provided from either party of intent not to renew. Page 27 of 109 Staff presented the proposed ILA with Council at the August 28 , 2023, Workshop. V. DISCUSSION: Staff is requesting approval to proceed with entering into the updated ILA. Page 28 of 109 Resolution – PSD ILA - 1 RESOLUTION NO. A RESOLUTION OF THE CITY OF PASCO, WASHINGTON, AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL AGREEMENT BETWEEN THE PASCO SCHOOL DISTRICT NO. 1 AND THE CITY OF PASCO FOR JOINT USE OF FACILITIES. WHEREAS, RCW 39.34, Interlocal Cooperation Act, authorizes political subdivisions to jointly exercise their powers, privileges, or authorities with other political subdivisions of this State through the execution of an interlocal cooperative or interagency agreement; and WHEREAS, the City and the District are mutually interested in supporting programs for the community in the areas of athletics, recreation and education; and WHEREAS, the City and the District each own and operate recreational and educational facilities that may be available for the beneficial use of the other in administering their athletic, recreation, and educational programs; and WHEREAS, the City Council of the City of Pasco, Washington, has after due consideration, determined that it is in the best interest of the City of Pasco to enter into the Interlocal Agreement for Joint Use of Facilities with the Pasco School District No. 1. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON: Section 1. That the City Council of the City of Pasco approves the terms and conditions of the Interlocal Agreement between Pasco School District No. 1 and the City of Pasco; a copy of which is attached hereto and incorporated herein by reference as Exhibit A. Section 2. The City Manager of the City of Pasco, Washington, is hereby authorized, empowered, and directed to sign and execute said Agreement on behalf of the City of Pasco; and to make minor substantive changes necessary to execute the Agreement. Be It Further Resolved, that this Resolution shall take effect immediately. PASSED by the City Council of the City of Pasco, Washington, and approved as provided by law, 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 29 of 109     Interlocal Agreement City/Pasco School District No. 1 Joint Use of Facilities - 1   WHEN RECORDED RETURN TO: City of Pasco, Washington 525 North 3rd Pasco WA 99301 INTERLOCAL AGREEMENT Between CITY OF PASCO and PASCO SCHOOL DISTRICT NO. 1 For JOINT USE OF FACILITIES THIS INTERLOCAL AGREEMENT is made and entered into this ___ day of _____________, 2023, by and between the City of Pasco, Washington, a Municipal Corporation, hereinafter referred to as "City" and the Pasco School District No. 1 in the County of Franklin, State of Washington, hereinafter referred to as "District”, and collectively referred to herein as “Parties.” WITNESSETH WHEREAS, the City and the District are mutually interested in supporting programs for the community in the areas of athletics, recreation and education; and WHEREAS, the City and the District each own and operate recreational and educational facilities that may be available for the beneficial use of the other in administering their athletic, recreation, and educational programs; and WHEREAS, RCW Ch. 39.34 authorizes the City and District to enter into an intergovernmental agreement for the use of property for extracurricular and recreational purposes. NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties agree as follows: 1. Purpose. Pursuant to RCW 39.33.060, the City and the District are authorized to contract for the use of their respective properties for other athletic, recreation, and educational purposes. The purpose of this Agreement is to provide guidelines for the use of the facilities and equipment that belong to the City or the District by the other party in a manner that does not interfere with the specific educational and/or recreational purposes for which the facility was intended. 2. Governance. Page 30 of 109     Interlocal Agreement City/Pasco School District No. 1 Joint Use of Facilities - 2   A. The Administrative and Community Services Director or his/her designee shall represent the City and the Assistant Superintendent of Business and Operations, or his/her designee shall represent the District and each shall be jointly responsible for administering this Agreement. B. The designated Facility Administrator for the District is the Executive Director of Maintenance and Operations (509-543-6713); and the designated Administrator for the City is the Recreation Services Manager (509- 545-3456). Any facility problem or concern should be reported to those office’s designees immediately or as soon as reasonably possible. C. The Parties shall each have facilities use policies that detail the day-to-day guidelines and procedures for operation of their respective facilities. Rules governing priority of use for each party in the other’s facilities shall be clearly delineated in rules and regulations adopted by each party 3. Use of Each Party’s Facilities by the Other Party. A. The Parties, after their own sponsored programs & activities, shall each give the other priority for facility use over other outside agencies unless otherwise required to give priority through the terms of a previously executed 3rd party contract as stated in the list of each party’s available facilities referred in Section 3(D) below. B. The City and the District shall provide an annual list or calendar for requested use of the other’s facilities by a mutually agreed upon date. Both parties shall timely respond to the list or calendar citing all conflicts with the times requested by the other party. C. The Parties shall not be charged for the use of the other party’s facilities for recreational, curricular or extra-curricular purposes, unless extraordinary staff labor or incremental costs are incurred and agreed upon by the City and District in advance. D. The Parties shall quarterly review a list of each party’s available facilities, which may include, indoor and outdoor sports fields, courts, pools and specialty facilities as well as meeting and workout rooms. The Parties will also, under reasonable circumstances and notification, make available to the other, equipment needed for events and programs. E. Each party shall have the primary responsibility for the maintenance of their own facilities and equipment which may be used by the other party. The party using a facility or equipment shall be charged for damage Page 31 of 109     Interlocal Agreement City/Pasco School District No. 1 Joint Use of Facilities - 3   or loss to equipment and/or facility, or extraordinary clean-up caused by participants in activities sponsored by that party. The facility administration will determine the actual cost of damage and bill the user for the expense of repair or replacement. The Facility Administrator will be trusted to determine the cost of damage and affix a fair cost to repair damage to facility and/or equipment. F. The facilities that are used by the other party will be left in the condition existing before said event, except that facility staff will clean and maintain all areas. G. If a facility becomes unusable due to breakdown or an extreme maintenance issue each party shall use reasonable efforts to rectify the situation or provide alternate facilities. H. In administering the shared use of facilities, neither party may waive nor take action affecting the recreational immunities as provided by RCW 4.24.210 without the prior written consent of the other party. 4. Scheduling of Activities and Cancellations. A. The Owner of the facility reserves the final right to cancel any scheduled use of such facility. When possible, in the event of cancellation of use of facilities, other than for emergencies, sixty (60) days written or electronic notice shall be provided. B. Both parties agree that their use of the other party’s facilities will comply with the rules and policies governing the use of the facility. Such rules and policies will be communicated annually and will be reviewed with the user’s responsible representative prior to or upon arrival at the facility. C. For any additional requests beyond those delineated in the annual list or calendar (See 3.B), both Parties will submit facility request forms to the other at least ninety (90) days in advance of the anticipated use date. 1) District will submit facility use requests through the City Recreation Website, www.pascoparksandrec.com 2) The City of Pasco will submit facility use requests to the District by completing the Facility Use Form found on the districts website www.psd1.org under “Community/ Facility Rental” and submitting it via email to facilityuse@psd1.org Page 32 of 109     Interlocal Agreement City/Pasco School District No. 1 Joint Use of Facilities - 4   Nothing in this section 4(C) shall prevent either party from approving requests at any time prior to an event if a facility is not otherwise reserved. 5. Security. Both Parties recognize the importance of proper security and acknowledge responsibility for buildings/site security before, during and after events. Facility Administrators will report any suspicious activity to the police. Facility Administrator, or Recreation Services Manager, or their designee will make sure any building is unoccupied after activity and that all participants have exited the building and make sure that the building is secure upon his or her departure of the said facility. 6. Costs and Fees. A. User fees may be set for programs and activities that either party schedules in facilities of the other party. The scheduling party shall retain such fees as revenue. B. Extraordinary costs incurred by the District for City activities or City for District activities must be defined as such in advance; then billed accordingly. These costs will include actual custodial or groundskeeper overtime rates, rental of equipment, extended operational costs, etc. Upon such advance notice, each party will pay overtime for custodians for events which encompass high traffic and high use of facility. C. In allowing for the joint use of each party’s facilities, the parties intend that such use and/or development shall not cause any additional non- reimbursed direct or indirect costs or liability or degradation of property for the owner of the facilities. It is the intent of the parties that all other agreements entered into between the parties pursuant to this provision shall be consistent with this Agreement including this section and shall be construed accordingly. 7. Indemnification. The City shall defend, indemnify and hold harmless the District, its officers, employees, and agents from any and all costs, claims, judgment or awards of damages arising out of or in any way resulting from negligent acts or omissions of the City, its officers, employees or agents in the performance of this Agreement. The District shall defend, indemnify and hold harmless the City, its officers, employees, and agents from any and all costs, claims, judgments or awards of damages arising out of or in any way resulting from negligent acts or omissions of the District, its officers, employees or agents in the performance of this Agreement. Page 33 of 109     Interlocal Agreement City/Pasco School District No. 1 Joint Use of Facilities - 5   The City and the District shall each either maintain commercial comprehensive general liability policies or shall maintain self-insurance liability coverage through their respective coverage and membership in self-insurance pools. 8. Amendments. This Agreement may be amended at any time by the mutual consent of the Parties expressed by the adoption of appropriate resolution by the governing body of each party. 9. Term and Termination. This Agreement shall commence upon the date of execution and continue for a period of ten (10) years thereafter. The term of this Agreement shall be automatically renewed for additional five-year terms unless either party hereto notifies the other of its intent not to renew at least one-hundred and eighty (180) days prior to the end of the term. Early Termination. A. Without Cause. Either party may terminate this agreement for any reason by giving the other party one-hundred and eighty (180) days advance written notice sent via certified mail to the address and contact information listed in section 12 below. Notification will be considered delivered upon receipt of certified delivery slip or 3 days after postmark date of its intention to terminate to the other party. B. With Cause. Should either party be found in breach of this agreement, notifications will be sent via certified mail to the address and contact information listed in section 12 below. Notification will be considered delivered upon receipt of certified delivery slip or 3 days after postmark date. The breaching party will have 30 days from notification to remedy the breach and failure to remedy the breach will give rise to termination for cause at the non-breaching party’s discretion. 10. Interlocal Cooperative Act Provisions. The financing of the recreational facilities, improvements and maintenance of these cooperative undertakings to each of their respective portions of the premises shall be the responsibility of the City and District. It is not intended that a separate legal entity shall be established to conduct the cooperative undertakings, nor is the acquiring, holding or disposing of real or personal property anticipated, nor is there a need for any special budget or funds to be created. The parties do not intend to purchase or hold any real or personal property Page 34 of 109     Interlocal Agreement City/Pasco School District No. 1 Joint Use of Facilities - 6   related to this Agreement, which will require transfer of ownership at any time nor on termination or expiration of this Agreement. 11. Conflict Resolution. In the event the City and District’s representatives cannot agree regarding the development and improvement, maintenance or modification of the joint facility, the City Manager and the District Superintendent shall make the final decision. If either party believes that the other party is not fulfilling the performance obligations established by this Agreement, that party shall give written notice of its complaint to the other. The party receiving the complaint shall within thirty (30) days deny the complaint, correct the situation and/or respond in writing, explaining the mitigating circumstances or why a remedy cannot be achieved. If the City Manager and the District Superintendent are unable to resolve the complaint, the matter may be referred for dispute resolution in a manner mutually agreed by the parties. Nothing in this section 11 shall prevent either party from asserting the right to pursue termination in section 9(B) above. 12. Notices. All notices required to be given under this Agreement shall be in writing and shall be deemed served when mailed via certified mail, return receipt requested, to the attention of the individual or position identified below. The Parties may, upon mutual agreement, determine to accept notice via email. City of Pasco: Director of Administrative & Community Services City of Pasco 525 North 3rd Pasco WA 99301 Pasco School District No. 1: Raul Sital, Assistant Superintendent of Operations 1215 W. Lewis Street Pasco, WA 99301 E-Mail: rsital@psd1.org 13. Filing/Recording. Upon execution of this Agreement by authorized representatives of each of the Parties, this Agreement shall be filed with the Franklin Page 35 of 109     Interlocal Agreement City/Pasco School District No. 1 Joint Use of Facilities - 7   County Auditor, or, alternatively, listed by subject on a party’s website or other electronically retrievable public source as provided by RCW 39.34.040. 14. Authority for Execution. Each of the Parties warrants and represents that its representatives, whose signature are below, possess all required authority to sign this Agreement and such powers have not, as of the date of this Agreement, been revoked or revised. <<Signatures on next page>> Page 36 of 109     Interlocal Agreement City/Pasco School District No. 1 Joint Use of Facilities - 8   IN WITNESS WHEREOF, the undersigned have full authorization on behalf of the parties and have executed this Agreement on the year and date set forth above. CITY OF PASCO, WASHINGTON PASCO SCHOOL DISTRICT NO. 1 ________________________________ ________________________________ Adam Lincoln, City Manager Michelle Whitney, Superintendent Attest: ________________________________ Debra Barham, CMC City Clerk Approved as to Form: ________________________________ Kerr Ferguson Law PLLC, City Attorney ________________________________ Sarah Thornton, Attorney for District Page 37 of 109     Interlocal Agreement City/Pasco School District No. 1 Joint Use of Facilities - 9   STATE OF WASHINGTON ) : ss. County of Franklin ) On this day personally appeared before me Adam Lincoln, City Manager of the City of Pasco, Washington, to be known to be the individual described in and who executed the within and foregoing instrument and acknowledged that he signed the same as his free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN under my hand and official seal this _____ day of _____________, 2023. ____________________________________________ NOTARY PUBLIC in and for the State of Washington Residing at: __________________________________ My Commission Expires: _______________________ STATE OF WASHINGTON ) : ss. County of Franklin ) On this day personally appeared before me Michelle Whitney, Superintendent of Pasco School District No. 1, to be known to be the individual described in and who executed the within and foregoing instrument, and acknowledged that she signed the same as her free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN under my hand and official seal this _____ day of _____________, 2023. ____________________________________________ NOTARY PUBLIC in and for the State of Washington Residing at: __________________________________ My Commission Expires: _______________________ Page 38 of 109 AGENDA REPORT FOR: City Council August 31, 2023 TO: Adam Lincoln, City Manager City Council Regular Meeting: 9/5/23 FROM: Darcy Buckley, Finance Director Finance SUBJECT: General Fund Monthly Report - July 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 through July 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. Page 39 of 109 July 2023 Monthly General Fund Report Prepared by Darcy Buckley, Finance Director Page 40 of 109 Type 2022 Count 2022 Value 2023 Count 2023 Value Change Count Value Commercial 322 $68.93M 296 $185.95M -8%170% Industrial 40 9.044M 40 16.74M 0%85% Mobile Home 4 375K 4 440K 0%17% Residential 1,362 83.18M 1,380 59.46 1%-29% Total 1,728 $161.53M 1,720 $262.59M -0.5%62.6% Building Permit Activity Year-to-Date Building Permit Activity - Comparative General Fund Financial Report / Page 2 Local Bounti's greenhouse construction, two (2) multifamily residential apartment complexes that are being built in the northwest part of town, a few City projects, including Animal Control Facility and Wastewater Treatment Plant Improvements, Darigold's Production Facility located in the Port of Pasco's Reimann Center, Pasco School District Comprehensive High School #3, Various other business professional and business service investment. The table above reflects year-to-date activity for the years 2022 and 2023. In comparing the totals through July month end of the two years, the total permit count is lower by only half a percent, while the value of the permits has increase by 62.6%. Projects contributing to the large permit value are related to projects, including: Residential permit value is the only category that is lower. In the Residential category, accessory dwellings (76.7%), demolition (263.9%), major alteration (8.4%) and minor alteration (20.3%) have increased. The decreases are in accessory structure (-11.8%), detached garage (-.09%), duplex (-100%), and single family dwell unit (-37.4%). For single family dwellings, the average value in 2023 is $325,111, approximately $18 thousand lower than 2022 average. Page 41 of 109 Year YTD June End Month of July Total % 2023 Change 2021 8,533,762 1,494,879 10,028,641 12.69% 2022 11,288,807 1,774,637 13,063,444 -13.48% 2023 9,595,385 1,706,499 11,301,884 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. Below is a comparison of monthly receipts by year. 2023 revenues are greater than those of 2021, but below 2022 collection. One large scale project of 2022 attributes for the tax revenue difference. Sales Tax General Fund Financial Report / Page 3 General Fund Financial Report / Page 3 Page 42 of 109 Transaction Type YTD June 30, 2023 July 2023 Total % of Sales Tax Receipts Motor Vehicle & Parts Dealers $2,370,546 $460,539 $2,831,085 25.05% Merchant Wholesalers 723,986 138,369 862,355 7.63% Construction of Buildings 767,672 93,247 860,918 7.62% Sporting Goods, Hobbies, Book, Misc 660,981 108,390 769,371 6.81% Food Services & Drinking 595,133 108,518 703,651 6.23% Specialty Trade 539,968 104,711 644,679 5.70% General Merchandise Retailers 402,215 72,083 474,299 4.20% Building Materials & Garden Supplies 351,883 77,174 429,057 3.80% Administrative Services 321,762 44,679 366,440 3.24% Furniture, Home Electronics & Appliances 256,238 40,371 296,609 2.62% Remaining % from Other Transactions $2,604,999 $458,419 $3,063,418 27.10% Sales Tax Distribution - 2023 Top Ten by Category - Remaining Consolidated. General Fund Financial Report / Page 4 Page 43 of 109 Category Biennial Budget YTD July 2023 % Received Retail Sales Tax $44,450,700 $7,971,820 17.93% Retail Sales Tax - Public Safety & Criminal Justice 8,780,000 1,806,283 20.57% Utility Tax 24,204,918 6,510,818 26.90% Property Tax 25,863,203 7,523,322 29.09% Other Tax 2,392,852 830,156 34.69% Licenses & Permits 7,481,532 2,002,960 26.77% Intergovernmental 7,194,296 2,197,414 30.54% Charges for Goods & Services 19,688,841 5,841,332 29.67% Fines & Penalties 1,790,529 491,199 27.43% Miscellaneous 1,828,814 799,769 43.73% Interfund Loan Proceeds 113,201 1,125 0.99% Transfers & Subsidies 35,796,816 91,261 0.25% Total 179,585,702 36,067,459 20.08% Without Debt Proceeds 144,585,702 24.94% Revenue Budget Comparison General Fund Financial Report / Page 5 Page 44 of 109 Category Biennial Budget YTD July 2023 % Spent Salaries & Wages $67,906,550 $17,273,506 25.44% Personnel Benefits 21,425,499 5,802,704 27.08% Supplies 6,769,127 1,826,977 26.99% Services 40,068,360 13,802,081 34.45% Transfers & Subsidies 44,625,637 605,890 1.36% Capital Outlays 3,595,460 1,262,225 35.11% Debt Service 10,154,708 499,018 4.91% Total 194,545,341 $41,072,401 21.11% Expense - Year-to-Date As of July month-end, the elapsed time is approximately 29.17% of the biennium. Capital outlays have been incurred at a faster pace. However, that spending is tied to project progress. Of the remaining expense categories only Services are over the 29.17% time in biennium. A portion of this accelerated expense recognition is related to expenses paid at the beginning of each year, like insurance and software maintenance contracts. In a few departments, other expense categories that typically occur throughout the year are ahead of expected spending. Those items include operations and maintenance expenses for City vehicles and equipment, repair and maintenance service contract work, external contracts directly tied to plan review for large scale development projects, and temporary services. These expense elements will be reviewed while considering the mid-biennium adjustment. At the current rate of spending, however, expense savings in other categories are anticipated to be sufficient to offset any line item budgetary overages. General Fund Financial Report / Page 7General Fund Financial Report / Page 6 Page 45 of 109 Project Allocation Actual Pasco Chamber of Commerce $1,915,193 $1,915,193 Franklin PUD/City of Pasco 1,050,000 1,094,837 Basin Disposal 110,000 51,325 Resource Specialist 450,000 133,821 Water System Improvements 9,000,000 3,496,951 Pasco Resource Navigator 625,000 10,500 Workforce Training 20,000 7,700 Pasco Specialty Kitchen 500,000 92,880 Outdoor dining/lighting 100,000 12,170 MLK Center Remodel*2,500,000 0 Boys & Girls Club*1,260,000 0 Total $17,530,193 $6,815,377 General Fund Financial Report / Page 10 ARPA Update *Further Council Discussion/Approval Needed Grant Funds: $17,464,312 General Fund Financial Report / Page 7 Page 46 of 109 General Fund Financial Report / Page 8 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. As of the end of July spending is $3,376,063. In the month of July, progress related to construction of Fire Station 85 continued. A long anticipated project for the construction of the regional animal control facility is underway in 2023. Animal Control Facility - Funding for the facility is shared between the three partner municipalities; 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. As of the end of July, spending totals $357,714. Page 47 of 109 General Fund Financial Report / Page 9 Financial Outlook Through July 2023, activity in the General Fund does not significantly differ from expectations. Timing of revenue recognition causes a small delay in reporting. The only revenue item that is not keeping pace with past year’s performance, and slightly behind budgetary expectation are sales tax revenues. The difference is attributable to construction sales tax. However, significant construction projects are beginning that should positively impact revenues as they progress. It is important to note that typical, recurring sales remain strong in for the City. When reviewing expenses category spending, no significant overspending has occurred. Timing of some one time activity is elevating spending in biennium. A handful of expense items are being monitored for trends in the services category of a few funds. As part of the mid- biennium review, where budget savings exist transfers will be made to cover any areas of concern. This fine tuning will help guide departmental spending for the remainder of the biennium. The General Fund Long Term Planning effort is starting in September. This effort will result in creation of a planning tool to help assess General Fund needs and revenue requirements with a greater planning horizon. Page 48 of 109 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 1 0 City Hall Wayfinding Page 49 of 109 AGENDA REPORT FOR: City Council August 30, 2023 TO: Adam Lincoln, City Manager City Council Regular Meeting: 9/5/23 FROM: Eric Ferguson, City Attorney City Manager SUBJECT: Ordinance No. 4681 - Ziply Fiber Franchise Agreement I. REFERENCE(S): Ordinance/Franchise Agreement II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to adopt Ordinance No. 4681, approving a non -exclusive franchise to construct, install, maintain, repair, or remove fiber optic cables within the public ways of the City of Pasco and, further, authorize publication by summary only. III. FISCAL IMPACT: Undetermined IV. HISTORY AND FACTS BRIEF: For the past several months, the City of Pasco and Ziply Fiber, LLC (Ziply) have been involved in extensive negotiations for Ziply to be able to obtain a franchise agreement to allow them to place fiber-optic facilities in the City’s rights-of-way (ROW). After some initial discussion with the applicant, it became clear that Ziply intended to apply for a full franchise agreement for the use of the City’s ROW’s. Subsequently, an initial draft was forwarded to the appropriate departments for review. Due to the numerous challenges incurred with the implementation of fiber-optic facilities in both Kennewick and Richland, City staff felt it was imperative that the City maintain the ability to closely monitor implementation in Pasco to avoid issues with other services (e.g., irrigation, permitting, etc.). Page 50 of 109 Multiple meetings over several months have taken place both internally with City staff, between legal counsels for the City and Ziply, and with the applicant’s staff and upper management, which included the CEO of Ziply, as well as the City Manager and the Mayor. In short, while the negotiation process has been difficult at times, the proposed draft franchise agreement has been extensively drafted and reviewed to attempt to address potential issues with implementation of fiber-optic facilities in the City of Pasco and to meet the needs of the applicant to be able to provide their services to the residents of Pasco. Staff presented the initial proposed franchise agreement to Council at the July 24, 2023, Workshop and stated that there would be additional changes before coming back for final approval. The proposed changes were significant, and staff wanted returned to the August 28th Workshop to answer Council questions prior to coming back for final approval on September 5th Regular Meeting. V. DISCUSSION: Staff is recommending passage of the ordinance related to a non -exclusive franchise agreement Ziply Fiber for fiber optic cables within the public rights -of- way in the City of Pasco. Page 51 of 109 Ordinance – Ziply Fiber Franchise - 1 ORDINANCE NO. ________ AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON, APPROVING A NON-EXCLUSIVE FRANCHISE TO CONSTRUCT, INSTALL, OPERATE, MAINTAIN, REPAIR, OR REMOVE FIBER OPTIC CABLES WITHIN THE PUBLIC WAYS OF THE CITY OF PASCO WHEREAS, RCW 35A.11.010 grants the City authority to regulate the use of the public rights-of-way, subject to applicable state and federal law; and WHEREAS, the Pasco City Council passed Pasco City Ordinance 1823 on August 3, 1976, adopting the classification of non-chartered code city for the City of Pasco; and WHEREAS, Article 11, section 11, of the Washington State Constitution provides that the City of Pasco may make and enforce within its limits all such local police, sanitary and other regulations as are not in conflict with general laws; and WHEREAS, the Pasco City Council, by section 35A.11.020 of the Revised Code of Washington, through section 35A.13.230 of the Revised Code of Washington, has any authority ever given to any class of municipality or to all municipalities of this state, and all powers possible for a city or town to have under the Constitution of this state, and not specifically denied to code cities by law, which may be exercised in regard to the regulation or use of public ways and property of all kinds and improvements thereto; and WHEREAS, the Pasco City Council enacted chapter 15.40 of the Pasco Municipal Code by Ordinance 3287 on March 3, 1998, regulating the use of public ways and public property for placement of telecommunication facilities in public ways, and, providing in part that facilities must be located underground unless otherwise provided in a franchise or lease granted by the City; and WHEREAS, the Pasco City Council passed Ordinance 4414 on January 7, 2019 adopting amendments to its local telecommunications regulations in chapters 15.40, 15.60, 15.10.050 of the Pasco Municipal Code; and WHEREAS, Section 35A.47.040 of the Revised Code of Washington authorizes the City to grant, permit, and regulate non-exclusive franchises for the use of public ways; WHEREAS, the Pasco City Council passed City Ordinance 4537 on June 7, 2021, adopting an updated comprehensive plan for the City of Pasco, including without limitation, policies requiring underground installation of new utility services, conversion of existing overhead systems to underground systems, coordination of utility projects, and minimization of negative impacts upon the character of the community, and policies recognizing, preserving and protecting Pasco's urban forest; and WHEREAS, Franchisee has applied to the City of Pasco, Washington for non-exclusive franchise to enter, occupy, and use public ways to construct, install, operate, Page 52 of 109 Ordinance – Ziply Fiber Franchise - 2 maintain, and repair fiber optic facilities to offer and provide telecommunications service for hire, sale, or resale in the City of Pasco; and WHEREAS, the 1934 Communications Act, as amended by the 1996 Telecommunications Act, 47 USC 151, et seq., relating to telecommunications providers recognizes and provides state and local government certain authority to manage the public rights-of-way and to require fair and reasonable compensation on a competitively neutral and nondiscriminatory basis; and WHEREAS, Washington's Telecommunications Services Act, 2000 Wash. Laws, Chapter 83, as amended, RCW Ch. 35.99, relating to telecommunications providers recognizes and provides Washington cities authority to require franchises and use permits for constructing, installing, operating, maintaining, repairing, or removing telecommunication facilities in public rights-of-way; and WHEREAS, a franchise is a legislatively approved master permit granting general permission to a service provider to enter, use, and occupy the public ways for the purpose of locating facilities subject to requirements that a Franchisee must also obtain separate use permits from the City for use of each and every specific location in the public ways in which the Franchisee intends to construct, install, operate, maintain, repair or remove identified facilities; and WHEREAS, a franchise does not include, and is not a substitute for any other permit, agreement, or other authorization required by the City, including without limitation, permits required in connection with construction activities in public ways which must be administratively approved by the City after review of specific plans; and WHEREAS, the grant of a non-exclusive franchise under RCW 35A.47.040 shall not be adopted or passed by the City’s legislative body on the day of its introduction nor for five days thereafter, nor at any other than a regular meeting, nor without first being submitted to the City attorney, an affirmative vote of at least a majority of the entire City Council and publication at least once in newspaper of general circulation before becoming effective; and WHEREAS, the City Council finds that the franchise terms and conditions contained in this ordinance are in the public interest. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1: Definitions. For the purposes of this Ordinance, the following terms, phrases, words, and their derivations will have the meanings given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural include the singular, and words in the singular include the plural. Words not defined will have the meaning ascribed to those words in the Pasco Municipal Code unless inconsistent herewith. Page 53 of 109 Ordinance – Ziply Fiber Franchise - 3 "Cable Service" has the meaning set forth in, 47 U.S.C. § 522(6). "City" has the meaning set forth in PMC 15.10.020 "City Property" has the meaning set forth in PMC 15.10.020 "Conduit" means optical cable housing, jackets, or casing, and pipes, tubes, or tiles used for receiving and protecting wires, lines, cables, and communication and signal lines. "Costs" means costs, expenses, and other financial obligations of any kind whatsoever. “Days” means calendar days when the reference is to more than 10 Days, and business days when the reference is to 10 days or less. "Effective Date" means five days following the publication of this Franchise or a summary thereof occurs in an official newspaper of the City as provided by law. "Emergency" has the meaning set forth in PMC 15.10.020. "Existing" means in actual physical being upon the effective date of this Franchise, or a repair or replacement of such physical being. "Facilities" means all of the plant, equipment, fixtures, appurtenances, and other facilities necessary to furnish and deliver telecommunications services, including but not limited to poles with crossarms, poles without crossarms, wires, lines, conduits, cables, communication and signal lines and equipment, braces, guys, anchors, vaults, and all attachments, appurtenances, and appliances necessary or incidental to the distribution and use of telecommunications services. "Fiber Optics" has the meaning set forth in PMC 15.10.020. "Franchisee" means Ziply Fiber Pacific, LLC dba Ziply Fiber and the lawful successor, transferee or assignee of said person subject to such conditions as defined herein. "Information" means knowledge or intelligence represented by any form of writing, signs, signals, pictures, sounds, or any other symbols. “Maintenance” or “Maintain” shall mean examining, testing, inspecting, repairing, maintaining and replacing the existing Franchisee Facilities or any part thereof as required and necessary for safe operation. "Municipal Arborist" means the City's director of parks and recreation, or such other person appointed by the Pasco City Manager to carry out the provisions of the Pasco Municipal Code. "Optical Cable" means wires, lines, cables and communication and signal lines used to convey communications by fiber optics. Page 54 of 109 Ordinance – Ziply Fiber Franchise - 4 "Overhead Facilities" has the meaning set forth in PMC 15.10.020 “PMC” means the Pasco Municipal Code. "Person" has the meaning set forth in PMC 15.10.020 "Personal Wireless Services" means commercial mobile radio services as defined by federal laws and regulations. "Public Street" has the meaning set forth in PMC 15.10.020 "Public Way" has the meaning set forth in PMC 15.10.020. “Relocation” means permanent movement of Franchisee facilities required by the City, and not temporary or incidental movement of such facilities, or other revisions Franchisee would accomplish and charge to third parties without regard to municipal request. "Relocation” also means to protect, support, temporarily disconnect, relocate, or remove facilities. “Right-of-Way” has the meaning set forth in PMC 15.10.020. “Standards” means the Design and Construction Standards and Specifications for Public Works Improvements, latest edition at the time of submission of each right-of-way permit associated with this Franchise Agreement. "Street Tree" means any tree located in, or that portion over-hanging, any public way and any tree planted on private property near a public way at the direction of the City. "Telecommunications Service" has the meaning set forth in 47 U.S.C. Section 153(53). "State" means the State of Washington, its agencies, departments, and governmental subdivisions, and all agencies, departments, and divisions of its agencies, departments, and governmental subdivisions. "Underground Facilities" has the meaning set forth in PMC 15.10.020 "Utility Poles" has the meaning set forth in PMC 15.10.020. Section 2: Franchise. A. The City grants to Franchisee, subject to the terms and conditions of this Franchise, a non-exclusive Franchise to enter, occupy, and use public ways for constructing, installing, operating, maintaining, repairing, and removing wireline facilities necessary to provide telecommunications services, on property located within the corporate boundaries of the City of Pasco, as specified in Exhibit A, attached hereto and incorporated by reference (the “Franchise Area”), provided that the Franchise Area shall Page 55 of 109 Ordinance – Ziply Fiber Franchise - 5 be expanded to include territory annexed into the City of Pasco during the term hereof, and as approved under City permits issued pursuant to this Franchise (hereinafter “Franchise”). Except as expressly provided otherwise in this Franchise, Franchisee shall construct, install, operate, maintain, repair, and remove its facilities at its expense. B. The Franchisee agrees that its use of Franchise Area shall at all times be subordinated to and subject to the City and the public’s need for municipal infrastructure, travel, and access to the Franchise Area, except as may be otherwise required by law. C. The Franchisee shall reimburse the City for all costs of one publication of this Franchise in a local newspaper and required legal notices regarding this Franchise, contemporaneous with its acceptance of this Franchise. D. As set forth PMC 15.30.010, Franchisee must first obtain a right-of-way use permit in the event it desires to occupy Public Ways. Nothing contained herein shall relieve Franchisee from the requirement for obtaining permits as more fully set forth in Section 12 below. E. Nothing in this Franchise grants authority to Franchisee to enter, occupy, or use public ways for constructing, installing, operating, maintaining, repairing or removing wireless communication facilities. F. Nothing in this Franchise grants authority to Franchisee to enter, occupy, or use City Property. If Franchisee desires to use City Property, including poles and structures within the public ways it shall negotiate a separate lease or license agreement with the City. G. Any rights, privileges, and authority granted to Franchisee under this Franchise are subject to the legitimate rights of the police power of the City to adopt and enforce general ordinances necessary to protect the safety and welfare of the public, and nothing in this Franchise excuses Franchisee from its obligation to comply with all appl icable general laws enacted by the City pursuant to such power. Any conflict between the terms or conditions of this Franchise and any other present or future exercise of the City's police powers will be resolved in favor of the exercise of the City's police power. H. Nothing in this Franchise excuses Franchisee of its obligation to comply with applicable codes, rules, regulations, and standards subject to verification by the City of such compliance. I. Nothing in this Franchise shall be construed to limit taxing authority or other lawful authority to impose charges or fees, or to excuse Franchisee of any obligation to pay lawfully imposed taxes, charges or fees. J. Nothing in this Franchise grants authority to Franchisee to impair or damage any City Property, Public Way, other ways or other property, whether publicly or privately owned, except as provided herein. Page 56 of 109 Ordinance – Ziply Fiber Franchise - 6 K. Nothing in this Franchise grants authority to Franchisee to alter the City's urban forest to accommodate Franchisee's Facilities, and nothing in this Franchise shall be construed to give Franchisee's Facilities priority of use of public ways over the preservation and protection of the City's urban forest. L. Nothing in this Franchise shall be construed to create a duty upon the City to be responsible for construction of facilities or to modify public ways to accommodate the Franchisee’s Facilities. M. Nothing in this Franchise grants authority to Franchisee to provide or offer Cable Service. N. Nothing in this Franchise grants authority to Franchisee to provide or offer personal wireless services to the general public. O. Nothing in this Franchise shall be construed to create, expand, or extend any liability of the City to any third-party user of Franchisee's Facilities or to otherwise recognize or create third party beneficiaries to this Franchise. P. Nothing in this Franchise shall be construed to permit Franchisee to unlawfully enter or construct improvements upon the property or premises of another. Q. Nothing in this Franchise authorizes Franchisee to enter or construct improvements on, in, under, over, across, or within any private property of any third party without that party's permission. Section 3: Term. A. Authorization granted under this Franchise shall be for a period of ten (10) years from the effective date of this Franchise. B. Renewal. Franchisee may renew this Franchise pursuant to PMC 15.020.070(1). C. Failure to Renew Franchise – Automatic Extension. If the parties fail to formally renew this Franchise prior to the expiration of its term, the Franchise automatically continues month to month until renewed or until either party gives written notice at least one hundred eighty (180) days in advance of its intent not to renew the Franchise to the other party. Section 4: Location of Facilities. A. Franchisee may place optical cable, optical cable housing, and splicing connections on Existing utility poles as overhead facilities if approved by the owner of the utility poles as well as place the same underground in accordance with the provisions of PMC 15.70.110. B. Franchisee's Facilities shall not damage or impair the City's urban forest. Franchisee Page 57 of 109 Ordinance – Ziply Fiber Franchise - 7 shall not place optical cable, optical cable housing, or splicing connections as overhead facilities in any area where the municipal arborist of the City determines, in his or her sole discretion, that the facilities will damage or impair a street tree. C. Franchisee's facilities shall not unreasonably interfere with the use of public ways or City property by the City, the general public, or other persons authorized to enter, occupy, or use public ways or City property as set forth in PMC 15.70.160. D. Franchisee shall not impair or damage any City property, public way, other ways or other property, whether publicly or privately owned. E. Relocation or removal of Franchisee’s facilities shall be governed by PMC 15.70.180. 1. Where the construction, alteration, repair or improvement of a Public Way is primarily for private benefit, the Franchisee may seek reimbursement from the private party or parties for the cost of relocation in the same proportion as their contribution to the costs of the project; provided, however, in no event shall the City be considered a private party for purposes of seeking reimbursement under this section. Franchisee may require a deposit or other pre-payment of costs before doing any work on a project covered by this section. 2. Where other utilities are present and involved in an undergrounding project and Franchisee is required to pay for such undergrounding, Franchisee shall only be required to pay its fair share of common costs borne by all utilities, in addition to the costs specifically attributable to the undergrounding of Franchisee Facilities. Common costs shall include necessary costs for common trenching and utility vaults. Fair share shall be determined in comparison to the total number and size of all other utility facilities being undergrounded. F. Franchisee shall relocate its facilities at its expense at the request of the City in the event of an unforeseen emergency or causes interference with public facilities as described in Section 4(C) that creates an immediate threat to the public safety, health or welfare. Section 5: Pole, Structures and Property Owned By Others. Franchisee will obtain separate agreements from owners of utility poles, structures and property not owned by the City. The City makes no representation and assumes no responsibility for the availability of utility poles, structures, and property owned by third parties for the installation of Franchisee’s facilities. Section 6: Construction and I nstallation Requirements. A. Neither approval of plans by the City nor any action or inaction by the City shall relieve Franchisee of any duty, obligation, or responsibility for the competent design, construction, and installation of its Facilities. Franchisee is solely responsible for the supervision, condition, and quality of the work done, whether it is performed by itself or by its contractors, agents, or Page 58 of 109 Ordinance – Ziply Fiber Franchise - 8 assigns. B. The Franchisee shall provide the City at least 72-hours’ notice of its intent to work in the public right-of-way and, for permits relating to underground work, shall indicate the issued permit for the work planned to be performed. C. Working Hours. All work related to this Franchise Agreement (with the exception of emergency repairs described in this agreement) performed by the Franchisee shall only occur Monday through Saturday and no work will be performed on Sunday’s or holidays recognized by the City of Pasco unless otherwise agreed by the City. Such restriction shall not apply to any service drops used in connecting subscribers to Franchisee’s Facilities. D. Dangerous Conditions. Franchisee shall comply with PMC 15.70.280. E. Utility Locates. Franchisee shall comply with PMC 15.70.080. F. Qualified, Informed Personnel. The Franchisee shall have qualified, informed personnel onsite anytime construction is occurring that are familiar with the permit requirements, and the City requirements for construction. G. Licensed, Bonded Contractors. All work performed by the Franchisee shall be performed by licensed, bonded Contractors who have a business license allowing them to work within the City of Pasco. H. Contractor named on Right-of-Way Permit. The Franchisee shall specifically name the Contractor who will be performing work on the right-of-way permit application. If the Franchisee desires to switch to using another contractor on an open right-of-way permit, the Franchisee shall so notify the City. I. Sidewalk Safety. At times, weather is not conducive to concrete placement, which can delay surface restoration work if concrete sidewalk panels or curb ramps were removed as part of a construction project. When this occurs, the Franchisee shall use either 5/8 crushed rock or cold patch asphalt (temporary surface type is at the discretion of the City) to maintain a safe, ADA accessible walking surface until the site can be adequately restored. J. Local Emergency Contact. The Franchisee shall at all times maintain a emergency contact at its Network Operations Center who can be contacted by the City if there is an emergency, or an issue with lack of compliance with the terms of this Franchise Agreement. This emergency contact shall be available as needed 7 days a week, 24 hours a day. Section 7: Coordination of Construction and Installation Activities and Other Work. A. Franchisee shall coordinate its construction and installation activities and other work with the City and other users of the public ways at least annually or as determined by the City. B. All construction or installation locations, activities and schedules shall be coordinated, Page 59 of 109 Ordinance – Ziply Fiber Franchise - 9 as ordered by the City, to minimize public inconvenience, disruption or damages. C. At least twenty-four hours prior to entering a public way to perform construction and installation activities or other work, Franchisee shall give notice, at its cost, to owners and occupiers of property adjacent to such public ways indicating the nature and location of the work to be performed. Such notice shall be physically posted by door hanger. Franchisee shall make a good faith effort to comply with the property owner or occupier's preferences, if any, on location or placement of underground facilities, consistent with sound engineering practices. D. Franchisee shall make available open trenches for use by third party utilities with the costs to be allocated as agreed between the parties provided that such third party has a similar obligation with respect to Franchisee. E. The City shall give reasonable advance notice to Franchisee of plans to open Public Ways for construction or installation of Facilities and Franchisee afforded the opportunity to install facilities in the applicable location, when possible; provided, however, the City shall not be liable for damages for failure to provide such notice. When notice has been given, Franchisee may provide notice to City of its intent to construct in the open Public Way and provide information regarding its requirements for such constructions. If so elected, Franchisee may only construct or install facilities during such period that the City has opened the Public Way for construction or installation. F. Emergency Operations. Franchisee shall comply with PMC 15.70.250. Section 8: Temporary Removal, Adjustment or Alteration of Facilities. See Section 4 above. Section 9: Safety and Maintenance Requirements. Franchisee shall comply with PMC 15.70.280. Section 10: Abandonment of Facilities. PMC 15.70.260(1) shall govern the abandonment of facilities. Section 11: Restoration of Public Ways and Other Property. A. When Franchisee, or any person acting on its behalf, does any work in or affecting any Public Way or other property, it shall, at its own expense, promptly remove any obstructions therefrom and restore, at Franchisee's cost, such ways and property to as good a condition as existed before the work was undertaken, unless otherwise directed by the City. Upon completion of any construction by the Franchisee, the site of construction shall be restored in accordance with all the requirements in the PMCs and the City’s Standards, including but not limited PMC 15.70.270. Page 60 of 109 Ordinance – Ziply Fiber Franchise - 10 B. If weather or other conditions do not permit the complete restoration required by this section; the Franchisee shall temporarily restore the affected ways or property. Such temporary restoration shall be at the Franchisee's cost, and Franchisee shall promptly undertake and complete the required permanent restoration when the weather or other conditions no longer prevent such permanent restoration. C. All restoration work is subject to inspection and final approval by the City. If restoration is not made to the satisfaction of the City within the established time frame, the City may make the restoration itself at the cost of Franchisee or have them made at the cost of Franchisee. Section 12: Use and/or Development Authorization and Permits. A. Franchisee shall obtain use and/or development authorization and required permits from the City and all other appropriate regulatory authorities prior to constructing or installing facilities or performing other work in a public way. The City must act on applications for use and/or development authorization or required permits within thirty (30) days of receipt of a completed application, unless Franchisee consents to a different time period. The City may, upon notice to Franchisee, extend this period to ensure that the City has adequate resources available to provide the necessary inspection work. Franchisee agrees to reimburse the City for any additional costs required to provide inspections for work performed by the Franchisee after-hours and on weekends. B. A permit may require the posting of a construction bond. Any such requirement and amount of the bond is set forth in City code. Section 13: Hold Harmless and Assumption o f Risk. The Franchisee agrees to be bound by the provisions of PMC 15.70.290(2) which are hereby incorporated into this Franchise. Section 14: Insurance. Franchisee shall obtain and maintain, at its cost, worker's compensation insurance and the following liability insurance policies insuring both Franchisee and the City, and its elected and appointed officers, officials, agents, employees, representatives, e ngineers, consultants, and volunteers as an additional insureds against claims for injuries to persons or damages to property which may arise from or in connection with the exercise of the rights, privileges, and authority granted to Franchisee: A. Commercial General Liability insurance shall be at least as broad as ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, stop gap liability, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. There shall be no exclusion for liability arising from explosion, collapse or underground property damage. The City shall be named as Page 61 of 109 Ordinance – Ziply Fiber Franchise - 11 an additional insured under the Franchisee's Commercial General Liability insurance policy with respect this Franchise Agreement using ISO endorsement CG 20 12 05 09 if the Franchise Agreement is considered a master permit, or CG 20 26 07 04 if it is not, or substitute endorsement providing at least as broad coverage. Commercial General Liability insurance shall be written with limits no less than $5,000,000 each occurrence, $5,000,000 general aggregate. B. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be at least as broad as Insurance Services Office (ISO) form CA 00 01. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $5,000,000 per accident. C. Contractors Pollution Liability insurance shall be in effect throughout the entire Franchise Agreement covering losses caused by pollution conditions that arise from the operations of the Franchisee. Contractors Pollution Liability shall cover bodily injury, property damage, cleanup costs and defense, including costs and expenses incurre d in the investigation, defense, or settlement of claims. Contractors Pollution Liability insurance shall be written in an amount of at least $2,000,000 per loss, with an annual aggregate of at least $2,000,000. D. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. E. Excess or Umbrella Liability insurance shall be excess over and at least as broad in coverage as the Franchisee's Commercial General Liability and Automobile Liability insurance. Excess or Umbrella Liability insurance shall be written with limits of not less than $5,000,000 per occurrence and annual aggregate. The Excess or Umbrella Liability requirement and limits may be satisfied instead through Franchisee's Commercial General Liability and Automobile Liability insurance, or any combination thereof that achieves the overall required limits. F. Other Insurance Provisions. Franchisee's Commercial General Liability, Automobile Liability, Excess or Umbrella Liability, Contractors Pollution Liability insurance policy or policies are to contain, or be endorsed to contain, that they shall be primary insurance as respect the City. Any insurance, self-insurance, or self-insured pool coverage maintained by the City shall be excess of the Franchisee's insurance and shall not contribute with it. G. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A: Vil. Page 62 of 109 Ordinance – Ziply Fiber Franchise - 12 H. Verification of Coverage. The Franchisee shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Franchise. Upon request by the City, the Franchisee shall furnish certified copies of all required insurance policies, including endorsements, required in this Franchise and evidence of all subcontractors' coverage. I. Subcontractors. The Franchisee shall cause each and every Subcontractor to provide insurance coverage that complies with all applicable requirements of the Franchisee-provided insurance as set forth herein, except the Franchisee shall have sole responsibility for determining the limits of coverage required to be obtained by Subcontractors. The Franchisee shall ensure that the City is an additional insured on each and every Subcontractor's Commercial General liability insurance policy using an endorsement as least as broad as ISO CG 2026. J. Cancellation. The Franchisee’s insurance cannot be terminated by the Franchisee except after thirty (30) days’ prior written notice to the City by certified mail, return receipt requested, has been given to the City. K. Failure to Maintain Insurance. Failure on the part of the Franchisee to maintain the insurance as required shall constitute a material breach of this Franchise, upon which the City may, after giving five business days' notice to the Franchisee to correct the breach, terminate the Franchise or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the City on demand. L. City Full Availability of Franchisee Limits. If the Franchisee maintains higher insurance limits than the minimums shown above, the City shall be insured for the full available limits of Commercial General and Excess or Umbrella liability maintained by the Franchisee, irrespective of whether such limits maintained by the Franchisee are greater than those required by this Franchise or whether any certificate of insurance furnished to the City evidences limits of liability lower than those maintained by the Franchisee. M. Franchisee - Self-Insurance. If the Franchisee is self-insured or becomes self-insured during the term of the Franchise Agreement, Franchisee or its affiliated parent entity shall comply with the following: (i) provide the City, upon request, a copy of Franchisee's or its parent company's most recent audited financial statements, if such financial statements are not otherwise publicly available; (ii) Franchisee or its parent company is responsible for all payments within the self-insured retention; and (iii) Franchisee assumes all defense and indemnity obligations as outlined in the indemnification section of this Franchise Agreement. N. Primary Insurance. The Franchisee’s insurance coverage shall be primary insurance as respects the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be in excess of the Franchisee’s insurance and shall not contribute with it. Page 63 of 109 Ordinance – Ziply Fiber Franchise - 13 O. Coverage Scope. The coverage shall contain no special imitations on the scope of protection afforded to the City, its officers, officials, or employees. In addition, the insurance policy shall contain a clause stating that coverage shall apply separately to each insure d against whose claim is made or suit is brought, except with respect to the limits of the insurer’s liability. Franchisee’s insurance shall be primary. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be in excess of the Franchisee’s insurance, and shall not contribute with it. Coverage shall not be suspended, voided, cancelled by either party, reduced in coverage or in limits for the duration of this Franchise Agreement. Section 15: Performance Bond. A. Franchisee shall provide a performance bond in the amount of fifty thousand dollars ($50,000) to ensure the faithful performance of its responsibilities under this Franchise and applicable law, including, by way of example and not limitation, its obligations to relocate and remove its facilities. The performance bond shall be in a standard industry form. Grantee shall pay all premiums or costs associated with maintaining the bond, and shall keep the same in full force and effect at all times. B. The bond shall not be canceled or materially altered so as to be out of compliance with the requirements of this Section without forty-five (45) days written notice first being given to the City. If the bond is canceled or materially altered so as to be out of co mpliance with the requirements of this Section within the term of this Franchise, Franchisee shall provide a replacement bond. C. After the giving of notice by the City to Franchisee, and expiration of any applicable cure period, the performance bond may be drawn upon by the City for purposes that include, but are not limited to the following: 1. Failure of Franchisee to pay the City sums due under the terms of this Franchise; 2. Reimbursement of costs borne by the City to correct Franchise violations not corrected by Franchisee; and 3. Damages assessed against Franchisee as provided in this Franchise. D. The City shall give Franchisee written notice of any withdrawal under this Section upon such withdrawal. Within ten (l0) days following receipt of such notice, Franchisee shall restore and replenish the performance bond to the amount required under this Franchise. Franchisee’s maintenance of the performance bond shall not be construed to excuse unfaithful performance by Franchisee or limit the liability of Franchisee to the amount of the performance bond or otherwise limit the City’s recourse to any other remedy available at law or in equity. E. Franchisee shall have the right to appeal to the City Council for reimbursement in the event Franchisee believes that the performance bond was drawn upon improperly. After a determination by the City Council, Franchisee shall also have the right of judicial appeal if Franchisee believes the performance bond has not been properly drawn upon in accordance with this Franchise. Any Page 64 of 109 Ordinance – Ziply Fiber Franchise - 14 funds the City erroneously or wrongfully withdraws from the performance bond shall be returned to Franchisee with interest, from the date of withdrawal at a rate equal to the prime rate of interest as quoted in The Wall Street Journal on the date the City withdrew funds from the performance bond until the date the City returns the funds to Franchisee. Section 16: Taxes, Charges, And Fees. Franchisee shall pay and be responsible for taxes permitted by law. Section 17: Acquisition of Facilities. Upon Franchisee's acquisition of any facilities in the Public Way, or upon any addition or annexation to the City of any area in which Franchisee has facilities, such facilities shall immediately be subject to the terms of this Franchise without further action of the City or Franchisee. Section 18: Vacation of Public Ways. The City reserves the right to change, regrade, relocate, abandon, or vacate any right -of- way within the Franchise Area. If, at any time during the term of this Franchise, the City vacates any portion of the Franchise Area containing Franchisee Facilities, the City shall reserve an easement for public utilities within that vacated portion, pursuant to RCW 35.79.030 and PMC 12.40, within which the Franchisee may continue to operate any existing Franchisee Facilities under the terms of this Franchise for the remaining period set forth under Section 3. Section 19: Provision of Information. Within thirty (30) days of a written request from the City, Franchisee shall furnish the City with information reasonably requested by the City to coordinate municipal functions with Franchisee’s activities, to fulfill municipal obligations under State law or to demonstrate compliance with terms of this Franchise. A. The documents and records maintained by Franchisee and requested by the City shall be made available to the City at reasonable times and intervals; provided, however, that nothing in this section shall be construed to require Franchisee to violate state or federal law regarding subscriber privacy, nor shall this section be construed to require Franchisee to disclose proprietary or confidential information without adequate safeguards for its confidential or proprietary nature. B. Franchisee shall reasonably cooperate in City’s planning efforts, including working with the City in its development of its Comprehensive Plan Utilities Element. The cooperation may include: 1. An annual meeting or communications outlining the plans of Franchisee and the City for the Public Ways during the upcoming year. Page 65 of 109 Ordinance – Ziply Fiber Franchise - 15 2. Coordination of construction activities with the City and other franchisees. 3. Planning and implementation of emergency response procedures. C. In connection with information requests mentioned above, the City may request as-built drawings of Franchisee’s Facilities and maps showing the location of existing or planned facilities within the City. Said information may be requested either in hard copy or electronic format, in a format used by Franchisee in the maintenance of its own records. D. Confidentiality. Information provided by Franchisee to the City shall be considered confidential and proprietary to Franchisee. If the City receives a request under the Washington State Public Records Act to inspect or copy the information provided by Franchisee and t he City determines that release of the information is required by the Public Records Act, the City notify Franchisee (a) of the request and (b) of the date that such information will be released to the requester unless Franchisee initiates a proceeding to enjoin that disclosure pursuant to the Public Records Act. Section 20: Assignment or Transfer. Franchisee's rights, privileges, and authority under this franchise, and ownership or working control of facilities constructed or installed pursuant to this Franchise, may not, directly or indirectly, be transferred, assigned or disposed of by sale, lease, merger, consolidation or other act of Franchisee, by operation of law or otherwise, except after consent by the City, which shall not be unreasonably withheld or delayed. Notwithstanding the foregoing, no City consent shall be required in the event that this Franchise is, directly or indirectly, transferred assigned or disposed by sale, lease, merger consolidation of other act of Franchisee, by operation of law or otherwise, in connection with any transaction approved by the Washington Utilities and Transportation Commission, such approval to be deemed consent of the City. Except as set forth above, PMC 15.70.320 shall apply to this Franchise. Section 21: Notices. A. Written notices to the parties shall be sent by certified mail to the following addresses, unless a different address shall be designated in writing and delivered to the other party. City: City of Pasco Community and Economic Development 525 N. 3rd Avenue Pasco, WA 99301 (509) 545-3441 Page 66 of 109 Ordinance – Ziply Fiber Franchise - 16 with a copy to: Pasco City Clerk 525 N. 3rd Avenue Pasco, WA 99301 Franchisee: Ziply Fiber Pacific, LLC Attn: Legal Department 135 Lake Street South, Suite 155 Kirkland, WA 98033 legal@ziply.com [add phone] Franchisee’s Local Contact for Emergency Situations or Franchise compliance issues requiring immediate attention: Ziply Fiber Pacific, LLC [address] [e-mail] [office phone] [cell phone for after hours contact if needed] B. Franchisee shall additionally provide a phone number and designated responsible officials to respond to emergencies. After being notified of an emergency, Franchisee shall cooperate with the City and make best efforts to immediately respond to minimize damage, protect the health safety of the public and repair facilities to restore them to proper working order. Annually, on request of the City, Franchisee will meet with City emergency response personnel to coordinate emergency management operations and, at least once a year, at the request of the City, actively participate in emergency preparations. C. Any changes to the above-stated Franchisee information shall be sent to the City’s Director of Community & Economic Development Department, with copies to the City Clerk, referencing the title of this agreement. D. The above-stated Franchisee and City telephone numbers shall be staffed at least during normal business hours, Pacific time zone, notwithstanding the requirements of the Local Emergency Contact provisions pursuant to Section 6(J). Section 22: Non-waiver. The failure of the City to exercise any rights or remedies under this Franchise or to insist upon compliance with any terms or conditions of this Franchise shall not be a waiver of any such rights, remedies, terms or conditions of this Franchise by the City and shall not prevent the City from demanding compliance with such terms or conditions at any future time or pursuing its rights or remedies. Page 67 of 109 Ordinance – Ziply Fiber Franchise - 17 Section 23: Eminent Domain. This Franchise is subject to the power of eminent domain and the right of the City Council to repeal, amend or modify the Franchise in the interest of the public. In any proceeding under eminent domain, the Franchise itself shall have no value. Section 24: Limitation of Liability. Administration of this Franchise may not be construed to create the basis for any liability on the part of the City, its elected officials, officers, employees, servant, agents, and representatives for any injury or damage from the failure of the Franchisee to comply with the provisions of this Franchise; by reason of any plan, schedule or specification review, inspection, notice and order, permission, or other approval or consent by the City; for any action or inaction thereof authorized or done in connection with the implementation or enforcement of this Franchise by the City; or for the accuracy of plans submitted to the City. Section 25: Damage to Facilities. Unless directly and proximately caused by the negligence of the City, the City shall not be liable for any damage to or loss of any facilities as a result of or in connection with any public works, public improvements, construction, excavation, grading, filling, or work of an y kind on, in, under, over, across, or within a public way done by or on behalf of the City. Section 26: Governing Law and Venue. This Franchise and use of the applicable public ways will be governed by the laws of the State of Washington, unless preempted by federal law. Franchisee agrees to be bound by the laws of the State of Washington, unless preempted by federal law, and subjected to the jurisdiction of the Courts of the State of Washington. Any action relating to this Franchise must be brought in the Superior Court of Washington for Franklin County, or in the case of a federal action, the United States District Court for the Eastern District of Washington at Richland, Washington, unless an administrative agency has primary jurisdiction. Section 27: Severability. If any section, sentence, clause or phrase of this Franchise or its application to any person or entity should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality will not affect the validity or constitutionality of any other section, sentence, clause or phrase of this Franchise nor its application to any other person or entity. Section 28: Repair and Emergency Work. The terms of PMC 15.70.250 is hereby incorporated into this Franchise. Page 68 of 109 Ordinance – Ziply Fiber Franchise - 18 Section 29: Location Preference. Any structure, equipment, appurtenance, or tangible property of a utility, other than the Franchisee’s, which was installed, constructed, completed, in place, or planned for installation prior in time to Franchisee’s application for a permit to construct or repair Franchisee Facilities under this Franchise shall have preference as to positioning and location with respect to the Franchisee Facilities. The City reserves the right to deny of any of the Franchisee’s facilities that may possibly interfere with possible future installation of City utilities. However, to the extent that the Franchisee Facilities are completed and installed prior to another non-City utility’s submittal of a permit for new or additional structures, equipment, appurtenances, or tangible property, then the Franchisee Facilities shall have priority. All City utility and road infrastructure, whether existing or future shall have priority over the Franchisee’s. These rules governing preference shall continue in the event of the necessity of relocating or changing the grade of any City road or right- of-way. A relocating utility shall not necessitate the relocation of another utility that otherwise would not require relocation. This Section shall not apply to utilities that may in the future require the relocation of Franchisee Facilities. Such relocations shall be governed by Section 4. Franchisee shall comply with PMC 15.70.110. Section 30: Enforcement and Remedies. The terms of PMC 15.90.010-050 is hereby incorporated into this Franchise. Section 31: Compliance with Laws and Regulations. A. This Franchise is subject to, and the Franchisee shall comply with all applicable federal and state or City laws, regulations and policies (including all applicable elements of the City's comprehensive plan), in conformance with federal laws and regulations, affecting performance under this Franchise. Furthermore, notwithstanding any other terms of this agreement appearing to the contrary, the Franchisee shall be subject to the police power of the City to adopt and enforce general ordinances necessary to protect the safety and welfare of the general public in relation to the rights granted in the Franchise Area. Section 32: Consequential Damages Limitation. Notwithstanding any other provision of this Agreement, in no event shall the City or other utility providers (with the exception of the Franchisee) be liable for any special, incidental, indirect, punitive, reliance, consequential or similar damages. Section 33: Survival. All the provisions, conditions and requirements of this agreement shall be in addition to any and all other obligations and liabilities the Franchisee may have to the City at common law, by statute, or by contract, and shall survive the City’s Franchise to the Franchisee for the use of the areas mentioned herein, and any renewals or extensions thereof. All the provisions, conditions, regulations, and requirements contained in this Franchise Ordinance shall further be binding upon the heirs, successors, executors, administrators, legal representatives and assigns of the Franchisee Page 69 of 109 Ordinance – Ziply Fiber Franchise - 19 and all privileges, as well as all obligations and liabilities of the Franchisee shall inure to its heirs, successors and assigns equally as if they were specifically mentioned whe rever the Franchisee is named herein. Section 34: Miscellaneous. A. Equal Employment and Nondiscrimination. Throughout the term of this Franchise, Franchisee will fully comply with all equal employment and nondiscrimination provisions and requirements of federal, state, and local laws, and in particular, FCC rules and regulations relating thereto. B. Local Employment Efforts. Franchisee will use reasonable efforts to utilize qualified local contractors, including minority business enterprises and woman business enterprises, whenever the Franchisee employs contractors to perform work under this franchise. C. Descriptive Headings. The headings and titles of the sections and subsections of this Franchise are for reference purposes only and do not affect the meaning or interpretation of the text herein. D. Costs and Attorneys' Fees. If any action or suit arises in connection with this Franchise, the prevailing party will be entitled to recover all of its reasonable costs, including attorneys' fees, in addition to such other relief as the court may deem proper. E. No Joint Venture. Nothing herein will be deemed to create a joint venture or principal-agent relationship between the parties, and neither party is authorized to, nor shall either party act toward third persons or the public in any manner that would indicate any such relationship with the other. F. Mutual Negotiation. This Franchise was mutually negotiated by the Franchisee and the City and has been reviewed by the legal counsel for both parties. Neither party will be deemed to be the drafter of this Franchise. G. Third-Party Beneficiaries. There are no third-party beneficiaries to this Franchise. H. Actions of the City or Franchisee. In performing their respective obligations under this Franchise, the City and Franchisee will act in a reasonable, expeditious, and timely manner. Whenever this Franchise sets forth a time for any act to be performed by Franchisee, such time shall be deemed to be of the essence, and any failure of Franchisee to perform within the allotted time may be considered a material breach of this Franchise, and sufficient grounds for the City to invoke any relevant remedy. I. Entire Agreement. This Franchise represents the entire understanding and agreement between the parties with respect to the subject matter and supersedes all prior oral and written negotiations between the parties. Page 70 of 109 Ordinance – Ziply Fiber Franchise - 20 J. Modification. The parties may alter, amend or modify the terms and conditions of this Franchise upon written agreement of both parties to such alteration, amendment or modification. Nothing in this subsection shall impair the City's exercise of authority reserved to it under this Franchise. K. Non-exclusivity. This Franchise does not confer any exclusive right, privilege, or authority to enter, occupy or use public ways for delivery of telecommunications services or any other purposes. This Franchise is granted upon the express condition that it will not in any manner prevent the City from granting other or further franchises in, on, across, over, along, under or through any public way. L. Rights granted. This Franchise does not convey any right, title or interest in public ways, but shall be deemed only as authorization to enter, occupy, or use public ways for the limited purposes and term stated in this Franchise. Further, this Franchise shall not be construed as any warranty of title. M. Contractors and subcontractors. Franchisee's contractors and subcontractors must be licensed and bonded in accordance with the City's ordinances, rules, and regulations. Work by contractors and subcontractors is subject to the same restrictions, limitations and conditions as if the work were performed by Franchisee. N. Risks. Franchisee acknowledges by acceptance of the grant that it has read the terms and conditions of this agreement carefully, and accepts all reasonable risks related to the possible interpretation of the provisions, terms, and conditions of this agreement. Section 35: Acceptance of Franchise. Within thirty (30) days after the passage and approval of this ordinance, this Franchise may be accepted by the Franchisee by its filing with the City Clerk an unconditional written acceptance thereof. Failure of the Franchisee to so accept this Franchise within said period of time shall be deemed a rejection thereof by the Franchisee, and the rights, privileges, and authority herein granted shall, after the expiration of the 30-day period, absolutely cease and terminate, unless the time period is extended by ordinance duly passed for that purpose. Section 36: The City Clerk. The City Clerk is authorized and directed to publish a summary hereof in accordance with Revised Code of Washington 35A.13.200 and 35A.12.160. Section 37: Severability. If any section, subsection, sentence, clause, phrase or word of this Ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality thereof shall not affect the validity or constitutionality of any other section, subsection, sentence, clause, phrase or word of this Ordinance. Section 38: Corrections. Upon approval by the city attorney, the city clerk or the code reviser are authorized to make necessary corrections to this Ordinance, including scrivener’s errors or Page 71 of 109 Ordinance – Ziply Fiber Franchise - 21 clerical mistakes; reference to other local, state, or federal laws, rules, or regulations; or numbering or referencing of Ordinances or their sections and subsections. Section 39: 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 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 72 of 109 Ordinance – Ziply Fiber Franchise - 22 SUMMARY OF ORDINANCE AN ORDINANCE GRANTING A NON-EXCLUSIVE FRANCHISE TO CONSTRUCT, INSTALL, OPERATE, MAINTAIN, REPAIR, OR REMOVE FIBER OPTIC CABLES WITHIN THE PUBLIC WAYS OF THE CITY OF PASCO The Pasco City Council passed Municipal Ordinance _________ at its __________, 2023 regular meeting which in summary grants a non-exclusive franchise to Ziply Fiber Pacific, LLC dba Ziply Fiber to construct, install, operate, maintain, repair, or remove fiber optic cables within the City right-of-way. The full text of Municipal Ordinance ________ will be provided upon request made to the Pasco City Clerk at Pasco City Hall, 525 N. Third Avenue., Pasco, WA 99301. Summary approved as to form: ________________________________ Kerr Ferguson Law, PLLC City Attorneys Page 73 of 109 ACCEPTANCE: The provisions of this amended Franchise are agreed to and hereby accepted. By accepting this Franchise, Franchisee covenants and agrees to perform and be bound by each and all of the terms and conditions imposed by the franchise and the municipal code and ordinances of the City. By: _________________________________________ Printed Name: _________________________________________ Title: ________________________________________ CERTIFICATION OF COMPLIANCE WITH CONDITIONS AND EFFECTIVE DATE: I certify that I have received confirmation that: (I) the Franchisee returned a signed copy of this Franchise to the City Council in accordance with this Franchise; (2) the Franchisee has presented to the City acceptable evidence of insurance and security as required in this Franchise; and (3) the Franchisee has paid all applicable processing costs set forth in the Franchise. The effective date of this Franchise Ordinance is ________________ By: _________________________________________ Printed Name: _________________________________________ Title: ________________________________________ Page 74 of 109 AGENDA REPORT FOR: City Council August 31, 2023 TO: Adam Lincoln, City Manager City Council Regular Meeting: 9/5/23 FROM: Jacob Gonzalez, Director Community & Economic Development SUBJECT: *Q Ordinance No. 4682 - Cole's Estates Rezone from C-1 to MU (Z 2023- 002) I. REFERENCE(S): Proposed Ordinance Exhibit A - Hearing Examiner Recommendation Exhibit B - Map Report to Hearing Examiner Dated: 12 July 2023 II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: adopt to move I Ordinan zoning the amending 4682, No. ce classification of certain real property located along the north side of Sandifur Parkway between Roads 90 and 92, Pasco, Franklin County, Washington, from C-1 to MU and, further, authorize publication by summary only. III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: On July 12, 2023, the Hearing Examiner conducted a public hearing to consider a petition to rezone a property located along the northern side of Sandifur Parkway between Roads 90 and 92, Pasco, Franklin County, Washington (Parcel No. 112540082), from C-1 (Retail Business) to MU (Mixed-Use). Subsequent to the review and conduct of the public hearing, the Hearing Examiner recommended approval of the applicant's request for a rezone. No appeals of this recommendation have been received. V. DISCUSSION: Page 75 of 109 The applicant has applied to change the zoning designation for Lots 9 and 24, Cole’s Estates (Parcels 115392086 and 115392031), located north of Sandifur Pkwy. between Road 90 and Road 92 from C-1 (Retail Business District) to MU (Mixed-Use District). The site comprises approximately 4.84 acres (210,830.4 square feet) and is vacant. The site was annexed into the City in 1982 (Ordinance 2388) and assigned RT (Residential Transition) zoning, which acts as a temporary “holding zone” until utilities and infrastructure are available for future development. The site was rezoned to C-1 (Retail Business District) in 2007 (Ordinance 3833) and has remained C-1 to the present. The 2018- 2038 Pasco Comprehensive Plan Land Use Map designates the site for "Mixed Residential and Commercial Land Use;" however, at the time of Comprehensive Plan adoption, the City did not have a zoning district to facilitate the intent of that Mixed Residential and Commercial land use classification. In May of 2023, the City Council approved Ordinance 4668, amending the Pasco Municipal Code Section 25.20.010 “Establishment of Zoning Districts" and Chapter 25.127 "WD Waterfront Development District" replacing the " WD District" to " MU Mixed-Use District," allowing for Mixed-Use developments citywide. The petition for a rezone is consistent with the Pasco Comprehensive Plan. Page 76 of 109 Ordinance - Rezone Z 2023-002 – Cole’s Estates - 1 FILED FOR RECORD AT REQUEST OF: City of Pasco, Washington WHEN RECORDED RETURN TO: City of Pasco, Washington Attn: City Clerk 525 North 3rd Avenue Pasco, WA 99301 ____________________________________________________________________________ ORDINANCE NO. _______ AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON, AMENDING THE ZONING CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATED ALONG THE NORTH SIDE OF SANDIFUR PARKWAY BETWEEN ROADS 90 AND 92, PASCO, FRANKLIN COUNTY, WASHINGTON, FROM C-1 (RETAIL BUSINESS) TO MU (MIXED-USE). WHEREAS, the Petitioner, Nicole Stickney, of AHBL Inc., on behalf of Elite Investment Group LLC, seeks to rezone Parcels Nos. 115392086 and 115392031, 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 of Pasco (City) and, after notice was issued under PMC Section 25.210.040, an open record hearing was conducted by the Pasco Hearing Examiner upon such petition on July 12, 2023; 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 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 Constructions 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 Report is hereby incorporated by reference as Exhibit A. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Page 77 of 109 Ordinance - Rezone Z 2023-002 – Cole’s Estates - 2 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 C-1 (Retail Business) to MU (Mixed-Use) for the real property as shown in the Exhibit B attached hereto and described as follows: Lots 9 and 24, Cole’s Estates (Parcels Nos. 115392086 and 115392031). Comprising approximately 4.84 acres Section 2. Severability. If any section, subsection, sentence, clause, phrase or word of this Ordinance should be held to the invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality thereof shall not affect the validity or constitutionality of any other section, subsection, sentence, clause phrase or word of this Ordinance. Section 3. Corrections. Upon approval by the city attorney, the city clerk or the code reviser are authorized to make necessary corrections to this Ordinance, including scrivener’s errors or clerical mistakes; reference to other local, state, or federal laws, rules, or regulations; or numbering or referencing of ordinances or their sections and subsections. Section 4. Effective Date. 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 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 78 of 109 IN THE MATTER OF Z 2023-002 Cole's Estates Rezone CITY OF PASCO HEARING EXAMINER ) ) ) ) ) ) RECOMMENDED FINDINGS OF FACT, RECOMMENDED CONCLUSIONS OF LAW, AND RECOMMENDED DECISION THIS MA TIER having come on for hearing in front of the City of Pasco Hearing Examiner on July 12, 2023 , the Hearing Examiner having taken evidence hereby submits the following Recommended Findings of Fact, Recommended Conclusions of Law, and Recommended Decision as follows: I . RECOMMENDED FINDINGS OF FACT 1. PROPERTY/APPLICATION DESCRIPTION: 1.1 Legal: Lots 9 and 24, Cole 's Estates (Parcels 115392086 and 115392031). 1.2 General Location: North of Sandifur Pkwy between Road 90 and Road 92, Pasco, Franklin County, WA. 1.3 Property Size: Approximately 4.84 acres (210,830.4 square feet). 1.4 Request: Cole 's Estates Rezone from C-1 (Retail Business District) to MU (Mix ed- Use District). 2. ACCESS : The parcel has access from Sandifur Pkwy and Roads 90 and 92. 3 . UTILITIES : Municipal water and sew er are available in Sandifur Pkwy, Road 90 and Road 92. 4. LAND USE AND ZONING: The site is zoned C-1 (Retail Business District) and is vacant. Surrounding properties are zoned and developed as follows: NORTH: EAST: SOUTH: WEST: R-4; C-1 C-1 C-1 C-1 Vacant; Commercial Vacant; Retail Businesses Vacant; Retail Businesses Vacant; Office Uses; Mini-Storage 5. COMPREHENSIVE PLAN: The Comprehensive Plan designates this site as "Mixed Residential and Commercial." The Mix ed Residential and Commercial designation allows for R-1 through R-4, C-1 , 0 , and MU zoning; development may be a combination of mixed-use residential and commercial in the same development, including single-family dwellings, patio homes, townhouses, apartments and condominiums at a density of 5 to 29 dwelling units per acre, as well as neighborhood shopping and specialty centers, business parks, service and office uses. 6 . ENVIRONMENTAL DETERMINATION: The City of Pasco is the lead agency for thi s project. A mitigated determination of non-significance was issued on June 29, 2023. Z 2023 002 Cole 's Estates Rezone Page 1 of 5 Page 79 of 109 7. REQUEST: Nicole Stickney of AHBL, on behalf of Elite Investment Group has submitted a rezone application (Z 2023-001) from C-1 (Retail Business District) to MU (Mixed-Use District), for Lots 9 and 24, Cole's Estates (Parcels 115392086 and 115392031), located north of Sandifur Pkwy between Road 90 and Road 92, Pasco, Franklin County, WA. 8. SITE: The site comprises approximately 4.84 acres (210,830.4 square feet) and is vacant. 9. IDSTORY: The site was annexed into the City in 1982 (Ordinance 2388) and assigned RT (Residential Transition) zoning, which acts as a temporary "holding zone" until utilities and infrastructure are available for future development. The site was rezoned to C-1 (Retail Business District) in 2007 (Ordinance 3833) and has remained C-1 to present. 10. The 2018-2038 Pasco Comprehensive Plan Land Use Map designates the site for "Mixed Residential and Commercial Land Use." However, at the time of Comprehensive Plan adoption, the City did not have a zoning district to facilitate the intent of that Mixed Residential and Commercial land use classification. In May of 2023 City Council approved Ordinance 4668 , amending the Pasco Municipal Code Section 25.20 .010 "Establishment of Zoning Districts" and Chapter 25.127 "WD Waterfront Development District" replacing the" WD District" to " MU Mixed-Use District," allowing for Mixed-Use developments citywide, consistent with the Comprehensive Plan. 11. REZONE CRITERIA: The initial review criteria for considering a rezone application are explained in PMC 25.88 .030. The criteria are listed below as follows: 11.1 The date the existing zone became effective: 11.1 .1 The site was rezoned to C-1 (Retail Business District) zoning in in 2007 (Ordinance 3833). 11.2 The changed conditions, which are alleged to warrant other or additional zoning: 11.2 .1 Passage of Ordinance 4668 (May 2023) modifying the City 's zoning code and providing for a Mixed-use zoning option is the primary changed condition allowing the rezone. Additionally, the City of Pasco has been growing rapidly over the last twenty years, particularly along Sandifur Parkway where multiple businesses contribute to a vibrant and important commercial district, providing goods and services to support the community and sustain a healthy local economy, with residential uses surrounding. The properties were changed to a "Mixed Residential and Commercial" classification during the city's periodic update to the Comprehensive Plan. With that land use classification, present market conditions/ interest, and presence along Sandifur Parkway, the proposal area is ripe for mixed-use development, except for the zoning designation. The proposed rezone would allow the site to be developed as intended per the Comprehensive Plan land use map. 11.3 Facts to justify the change on the basis of advancing the public health, safety and general welfare: 11.3.1 A rezone from Retail Business (C-1) to Mixed-Use (MU) would allow commercial use to occur (providing services, creating jobs, and expanding the tax base in the growing community) in a manner integrated with housing. Z 2023 002 Cole's Estates Rezone Page 2 of 5 Page 80 of 109 Further, the change from C-1 to MU zoning will not negatively impact public health or safety. 11.4 TI1e effect it will have on the value and character of the adjacent property and the Comprehensive Plan: 11.4.1 A change in zoning would be consistent with the comprehensive plan. According to the table in Pasco Municipal Code (PMC) 25.215.015, the Mixed Residential and Commercial classification is intended to "Allow a combination of mixed-use residential and commercial in the same development. Single-family dwellings, patio homes, townhouses, apartments, and condominiun1S at a density of 5 to 29 dwelling units per acre . Neighborhood shopping and specialty centers, business parks, service and office uses." Further, the adjacent property's value and character are not anticipated to be negatively affected because mixed -use development has been established by City Council as an appropriate and beneficial use of the site as set out in the City's approved Comprehensive Plan. The rezone application is consistent with and meets the intent of the goals and policies of the Comprehensive Plan . 11.5 The effect on the property owner or owners if the request is not granted: 11.5 .1 If the site remains with the current zoning designations the site may remain underutilized, and the owner will not be able to deliver a mixed-use project that can put ideals related to the following themes (from the City's Comprehensive Plan-Land Use Policy 4-F) into action: "smart growth, infill, and compact developments with transit and pedestrian amenities that promote a healthy community ." 11 . 6 The Comprehensive Plan land use designation for the property 11.6.1 The Land Use Element of the Comprehensive Plan designates the lot "Mixed Residential and Commercial District;" both the current and the proposed zoning district are compatible with the Comprehensive Plan Land Use designation . 11.7 Such other information as the Hearing Examiner requires. 11. 7 .1 The rezone application is consistent with and meets the intent of the Comprehensive Plan, and City Council Goals . The opportunity for a mix of residential and retail commercial uses in this area supports the Land Use Element of the Comprehensive Plan. 12. Public notice of this hearing was sent to property owners within 300 feet of the property and posted in the Tri -City Herald on June 21 , 2023. 13. An open record public hearing after due legal notice was held July 12, 2023, with the Planning Department staff and public appearing in person and the Hearing Examiner appearing via videoconference. 14 . Appearing and testifying at the hearing was Emily Weimer. Ms. Weimer testified that she was an agent authorized to appear on behalf of the Applicant/property owner. Ms. We imer confirmed that no SEPA determination had yet been made. She indicated that while the application is consistent with the Comprehensive Plan, the recently implemented zoning code changes are not yet online and asked that the record be kept open. Z 2023 002 Cole's Estates Rezone Page 3 of 5 Page 81 of 109 15. No member of the public testified at the hearing. 16. Staff indicated that the ordinance can be provided by emailing Mr. Adams and that is also on the City website. 17. The Hearing Examiner declined to keep the record open. The Hearing Examiner indicated that he would entertain a request to reopen the hearing if there was a timely request made . 18. The staff report, application materials , agency comments and the entire file of record were admitted into the record. 19. Any Conclusion of Law that is more correctly a Finding of Fact is hereby incorporated as such by this reference . II. RECOMMENDED CONCLUSIONS OF LAW Before recommending approval of this rezone, the Hearing Examiner has developed findings of fact from which to draw those conclusions based upon the criteria listed in PMC 25 .210.060. The criteria are as follows : 1. The proposal is in accordance with the goals and policies of the Comprehensive Plan. 1.1 The Land Use Element of the Comprehensive Plan designates the lot "Mixed Residential and Commercial District." The proposed MU zoning district would be in alignment with the Land Use map within the City 's Comprehensive Plan . Future potential development could additionall y foster or help to implement the follo w ing policies from the Comprehensive Plan: 1.1.1 Land Use Policy 4-F: Support mixed-use , smart growth , infill , and com pact developments with transit and pedestrian amenities that promote a healthy community . 1.1.2 Land Use Policy 5-A: Allow a variety of residential densities throughout the VGA. 1.1.3 Housing Policy 3-A: Encourage innovative techniques in the design of residential neighborhoods and mixed-use areas to provide character and variety in the community. 1.1.4 Housing Policy 4-C: Increase housing suppl y and diversity. 1.1.5 Economic Development Policy 1-F: Support and encourage residential/commercial mixed-use developments that provide neighborhood shopping and services and promote walkable neighborhoods. 1.1.6 Transportation Element Policy 1-D: Encourage multi-modal street design with traffic calming and safety in consideration of surrounding land uses. 2. The effect of the proposal on the immediate vicinity will not be materially detrimental. 2.1 The proposal will not be materially detrimental on the immediate vicinity. Adjacent parcels to the north, east, and west have the same land use designation in the Comprehensive Plan . Tue MU district's permitted uses would not produce excessive noise, air, or other forms of pollution detrimental to nearby land uses. 2.2 Tue application for rezone is consistent with the Comprehensive Plan Land Use Element and meets the intent of the Goals and Policies for the property. 3 . There is merit and value in the proposal for the community as a whole. 3 .1 The proposed zoning designation is consistent with the Comprehensive Plan Land Use Map and the Goals and Policies as adopted by the Pasco City Council. In addition to fulfilling the goals and policies of the Comprehensive Plan , the proposal Z 2023 002 Cole 's Estates Rezone Page 4 of 5 Page 82 of 109 includes infill development and promotes a healthy and robust mixed-use environment. 4. Conditions should be imposed in order to mitigate any significant adverse impacts from the proposal. 4.1 The rezone application and anticipated project are subject to the regulations and requirements of the Pasco Municipal Code and the City of Pasco Design and Construction Standards. As such, no conditions should be imposed; any future development will be evaluated for significant adverse impacts at the time of a development application, which will also be subject to review under the State Environmental Policy Act (SEPA). 5. A Concomitant Agreement should be entered into between the City and the petitioner, and if so, the terms and conditions of such an agreement. 5 .1 If or when applicants pursue the development of this property, they will be required to conform to design standards established by the PMC. No Concomitant Agreement is considered necessary for this application. 6. Any Finding of Fact that is more correctly a Conclusion of Law is hereby incorporated as such by this reference. III. RECOMMENDED DECISION Based on the above Recommended Findings of Fact and Conclusions of Law, the Hearing Examiner RECOMMENDS APPROVAL, that Lots 9 and 24, Cole's Estates (Parcels 115392086 and 115392031), be rezoned from C-1 (Retail Business District) to MU (Mixed-Use District). Dated this -1.!i day of July, 2023. CI1Y OF PASCO HEARING EXAMINER Z 2023 002 Cole's Estates Rezone Page 5 of 5 Page 83 of 109 Item:RezoneCole'sEstatesC-1toML"ExhibitB"Applicant(s):EliteInvestmentGroupLLCFile#:Z2023-0025:3:3:3r3::::;2E§f$£g§§g§©ERuvenSt]:V7V7V7SophieRaeCtYEECE]:E1[1j[;[jgDE}:\l:g?gWe er'E§DMLL_0DJWe331_§_.\‘D3DEQEEDFgLAldridgeCt;£5-mnhmg:E:t@q:c:J11021042063084ALL91I:-:-jetB"d9e’C‘DFL.-ancsrr.DrFeetD[:5Page 84 of 109 REPORT TO HEARING EXAMINER PUBLIC HEARING City Hall – 525 North Third Avenue – Remote WEDNESDAY, 12 July 2023 6:00 PM 1 MASTER FILE #: Z 2023-002 APPLICANT:Nicole Stickney of AHBL, on behalf of Elite Investment Group 5804 Road 90, Suite H Pasco WA 99301 REQUEST: REZONE: Cole’s Estates Rezone from C-1 (Retail Business District) to MU (Mixed-Use District) BACKGROUND 1.PROPERTY DESCRIPTION: Legal: Lots 9 and 24, Cole’s Estates (Parcels 115392086 and 115392031). General Location: North of Sandifur Pkwy between Road 90 and Road 92, Pasco, Franklin County, WA. Property Size: Approximately 4.84 acres (210,830.4 square feet) 2.ACCESS: The parcel has access from Sandifur Pkwy and Roads 90 and 92. 3.UTILITIES:Municipal water and sewer are available in Sandifur Pkwy, Road 90 and Road 92. 4.LAND USE AND ZONING: The siteis zoned C-1 (Retail Business District)andis vacant. Surrounding properties are zoned and developed as follows: NORTH: R-4; C-1 Vacant; Commercial EAST: C-1 Vacant; Retail Businesses SOUTH: C-1 Vacant; Retail Businesses WEST: C-1 Vacant; Office Uses; Mini-Storage 5.Comprehensive Plan:The Comprehensive Plan designates this site as “Mixed-Use.” The Mixed- Use designation allows for R-1 through R-4, C-1, O, and MU zoning; development may be a combination of mixed-use residential and commercial in the same development, including single- family dwellings, patio homes, townhouses, apartments and condominiums at a density of 5 to 29 dwelling units per acre, as well as neighborhood shopping and specialty centers, business parks, service and office uses. 6.ENVIRONMENTAL DETERMINATION:The City of Pasco is the lead agency for this project. Based on the State Environmental Policy Act (“SEPA”) checklist, Comprehensive Plan, applicable Page 85 of 109 2 regulations, and other information, a threshold determination resulting in a Determination of Non-Significance (DNS) was issued for this project on 30 June 2023, under WAC 197-11-158. ANALYSIS Request Nicole Stickney of AHBL, on behalf of Elite Investment Group has submitted a rezone application (Z 2023- 001) from C-1 (Retail Business District) to MU (Mixed-Use District), for Lots 9 and 24, Cole’s Estates (Parcels 115392086 and 115392031), located north of Sandifur Pkwy between Road 90 and Road 92, Pasco, Franklin County, WA. Site The site comprises approximately 4.84 acres (210,830.4 square feet) and is vacant. History The site was annexed into the City in 1982 (Ordinance 2388) and assigned RT (Residential Transition) zoning, which acts as a temporary “holding zone” until utilities and infrastructure are available for future development. The site was rezoned to C-1 (Retail Business District) in 2007 (Ordinance 3833) and has remained C-1 to present. The 2018- 2038 Pasco Comprehensive Plan Land Use Map designates the site for "Mixed Residential and Commercial Land Use;" however, at the time of Comprehensive Plan adoption, the City did not have a zoning district to facilitate the intent of that Mixed-Use land use classification. In May of 2023 City Council approved Ordinance 4668, amending the Pasco Municipal Code Section 25.20.010 “Establishment of Zoning Districts" and Chapter 25.127 "WD Waterfront Development District" replacing the " WD District" to " MU Mixed-Use District," allowing for Mixed-Use developments citywide, consistent with the Comprehensive Plan. Rezone Criteria The initial review criteria for considering a rezone application are explained in PMC. 25.88.030. The criteria are listed below as follows: 1. The date the existing zone became effective: The site was rezoned to C-1 (Retail Business District) zoning in in 2007 (Ordinance 3833). 2. The changed conditions, which are alleged to warrant other or additional zoning: Passage of Ordinance 4668 (May 2023) modifying the City’s zoning code and providing for a Mixed-use zoning option is the primary changed condition allowing the rezone. Additionally, the City of Pasco has been growing rapidly over the last twenty years, particularly along Sandifur Parkway where multiple businesses contribute to a vibrant and important commercial district, providing goods and services to support the community and sustain a healthy local economy, with residential uses surrounding. The properties were changed to a “Mixed Residential and Commercial” classification during the city’s periodic update to the Comprehensive Plan. With that land use classification, present market conditions/ interest, and presence along Sandifur Parkway, the proposal area is ripe for mixed-use development, except for the zoning designation. The proposed rezone would allow the site to be developed as intended per the Comprehensive Plan land use map. 3. Facts to justify the change on the basis of advancing the public health, safety and general welfare: Page 86 of 109 3 A rezone from Retail Business (C-1) to Mixed-Use (MU) would allow commercial use to occur (providing services, creating jobs, and expanding the tax base in the growing community) in a manner integrated with housing. Further, the change from C-1 to MU zoning will not negatively impact public health or safety. 4. The effect it will have on the value and character of the adjacent property and the Comprehensive Plan: A change in zoning would be consistent with the comprehensive plan. According to the table in Pasco Municipal Code (PMC) 25.215.015, the Mixed Residential and Commercial classification is intended to “Allow a combination of mixed-use residential and commercial in the same development. Single-family dwellings, patio homes, townhouses, apartments, and condominiums at a density of 5 to 29 dwelling units per acre. Neighborhood shopping and specialty centers, business parks, service and office uses.” Further, the adjacent property’s value and character are not anticipated to be negatively affected because mixed- use development has been established by City Council as an appropriate and beneficial use of the site as set out in the City’s approved Comprehensive Plan. The rezone application is consistent with and meets the intent of the goals and policies of the Comprehensive Plan. 5. The effect on the property owner or owners if the request is not granted: If the site remains with the current zoning designations the site may remain underutilized, and the owner will not be able to deliver a mixed-use project that can put ideals related to the following themes (from the City’s Comprehensive Plan- Land Use Policy 4-F) into action: “smart growth, infill, and compact developments with transit and pedestrian amenities that promote a healthy community.” 6. The Comprehensive Plan land use designation for the property The Land Use Element of the Comprehensive Plan designates the lot “Mixed-Use District;” both the current and the proposed zoning district are compatible with the Comprehensive Plan Land Use designation. 7. Such other information as the Hearing Examiner requires The rezone application is consistent with and meets the intent of the Comprehensive Plan, and City Council Goals. The opportunity for a mix of residential and retail commercial uses in this area supports the Land Use Element of the Comprehensive Plan. STAFF FINDINGS OF FACT Findings of fact must be entered from the record. The following are initial findings drawn from the background and analysis section of the staff report. The Hearing Examiner may add additional findings to this listing as the result of factual testimony and evidence submitted during the open record hearing. 1. Public notice of this hearing was sent to property owners within 300 feet of the property and posted in the Tri-City Herald on 21 June 2023. 2. Applicant wishes to rezone Lots 9 and 24, Cole’s Estates (Parcels 115392086 and 115392031), Pasco, Franklin County, WA from C-1 (Retail Business District) to MU (Mixed-Use District). 3. The site is located along the north side of Sandifur Pkwy between Road 90 and Road 92. 4. The site comprises approximately 4.84 acres (210,830.4 square feet). 5. The site is vacant. 6. The site was annexed into the City in 1982 (Ordinance 2388) 7. The site was assigned RT (Residential Transition) zoning as part of the 1982 annexation. 8. The RT zoning district acts as a temporary “holding zone” until utilities and infrastructure are available for future development. Page 87 of 109 4 9. The site was rezoned to C-1 (Retail Business District) in 2007 (Ordinance 3833). 10. The site zoning has remained C-1 to present. 11. The 2018-2038 Pasco Comprehensive Plan Land Use Map designates the site for "Mixed Residential and Commercial Land Use;" 12. At the time of Comprehensive Plan adoption, the City did not have a zoning district to facilitate the intent of the Mixed-Use land use classification. 13. In May of 2023 City Council approved Ordinance 4668. 14. Ordinance 4688 amended PMC 25.20.010 and Chapter 25.127 replacing the " WD District" with "MU Mixed-Use District," 15. The Ordinance 4688 Code Amendment allows for Mixed-Use developments citywide, consistent with the Comprehensive Plan. TENTATIVE CONCLUSIONS BASED ON INITIAL STAFF FINDINGS OF FACT Before recommending approval or denial of a rezone, the Hearing Examiner must develop findings of fact from which to draw its conclusions based upon the criteria listed in PMC 25.210.060. The criteria are as follows: 1. The proposal is in accordance with the goals and policies of the Comprehensive Plan. The Land Use Element of the Comprehensive Plan designates the lot “Mixed-Use District.” The proposed MU zoning district would be in alignment with the Land Use map within the City’s Comprehensive Plan. Future potential development could additionally foster or help to implement the following policies from the Comprehensive Plan: Land Use Policy 4-F: Support mixed-use, smart growth, infill, and compact developments with transit and pedestrian amenities that promote a healthy community. Land Use Policy 5-A: Allow a variety of residential densities throughout the UGA. Housing Policy 3-A: Encourage innovative techniques in the design of residential neighborhoods and mixed- use areas to provide character and variety in the community. Housing Policy 4-C: Increase housing supply and diversity. Economic Development Policy 1-F: Support and encourage residential/commercial mixed-use developments that provide neighborhood shopping and services and promote walkable neighborhoods. Transportation Element Policy 1-D: Encourage multi-modal street design with traffic calming and safety in consideration of surrounding land uses. 2. The effect of the proposal on the immediate vicinity will not be materially detrimental. The “Mixed-Use District” designation allows for The proposal will not be materially detrimental on the immediate vicinity. Adjacent parcels to the north, east, and west have the same land use designation in the Comprehensive Plan. The MU district’s permitted uses would not produce excessive noise, air, or other forms of pollution detrimental to nearby land uses. The application for rezone is consistent with the Comprehensive Plan Land Use Element and meets the intent of the Goals and Policies for the property. 3. There is merit and value in the proposal for the community as a whole. The proposed zoning designation is consistent with the Comprehensive Plan Land Use Map and the Goals and Policies as adopted by the Pasco City Council. In addition to fulfilling the goals and policies of the Page 88 of 109 5 Comprehensive Plan, the proposal includes infill development and promotes a healthy and robust mixed- use environment. 4. Conditions should be imposed in order to mitigate any significant adverse impacts from the proposal. The rezone application and anticipated project are subject to the regulations and requirements of the Pasco Municipal Code and the City of Pasco Design and Construction Standards. As such, no conditions should be imposed; any future development will be evaluated for significant adverse impacts at the time of a development application, which will also be subject to review under the State Environmental Policy Act (SEPA). 5. A Concomitant Agreement should be entered into between the City and the petitioner, and if so, the terms and conditions of such an agreement. If or when applicants pursue the development of this property, they will be required to conform to design standards established by the PMC. No Concomitant Agreement is considered necessary for this application. RECOMMENDATION Staff recommends based on the Findings of Fact and Conclusions herein, that Lots 9 and 24, Cole’s Estates (Parcels 115392086 and 115392031), be rezoned from C-1 (Retail Business District) to MU (Mixed-Use District). Page 89 of 109 Page 90 of 109 Page 91 of 109 Page 92 of 109 Page 93 of 109 Page 94 of 109 Page 95 of 109 Looking NorthPage 96 of 109 Looking NortheastPage 97 of 109 Looking EastPage 98 of 109 Looking SoutheastPage 99 of 109 Looking SouthPage 100 of 109 Looking SouthwestPage 101 of 109 Looking WestPage 102 of 109 Looking NorthwestPage 103 of 109 Page 104 of 109 Page 105 of 109 Page 106 of 109 Page 107 of 109 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 108 of 109 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 109 of 109