HomeMy WebLinkAbout2023.01.16 Council Meeting Packet
AGENDA
City Council Regular Meeting
7:00 PM - Tuesday, January 16, 2024
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 (914) 614-3221 and use access code
347-125-017.
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 - 17 (a) Approval of Meeting Minutes for January 2nd and January 8th
To approve the minutes of the Pasco City Council Regular Meeting
and Regular Workshop held on January 2, 2024 and January 8, 2024
respectively.
18 - 21 (b) Bills and Communications - Approving Claims in the Total
Amount of $11,975,065.15 and Bad Debt Write-off Totaling $
Page 1 of 155
211,681.83.
To approve claims in the total amount of $11,975,065.15
($10,764,289.19 in Check Nos. 260873 - 261267; $15,366.46 in
Check Nos. 54328 - 54636; $1,195,409.50 in Electronic Transfer
Nos. 30201400 - 30202045).
To approve bad debt write-off for accounts receivable including Utility
Billing, Ambulance, Cemetery, General Accounts, and Miscellaneous
Accounts in the total amount of $211,681.83.
22 - 40 (c) Resolution No. 4413 - Amendment No. 5 to RH2 Professional
Services Agreement for the Phase 2 PWRF Project
To approve Resolution No. 4413, authorizing the City Manager to
execute Amendment No. 5 for the Professional Services Agreement
with RH2 Engineering, Inc. for the Process Water Reuse Facility
(PWRF) Pretreatment Improvements Phase 2: Winter Storage
Capacity.
41 - 73 (d) Resolution No. 4414 - Change Order No. 7 to Citywide Traffic
Signal Improvements Ph 2 Project
To approve Resolution No. 4414, authorizing the City Manager to
execute Change Order No. 7 to the Construction Contract with
Apollo, Inc. for the Citywide Traffic Signal Improvements Phase 2
Project.
74 - 77 (e) Resolution No. 4415 - 2024-2025 City Council Representation on
Local & Regional Boards and Committees
To approve Resolution No. 4415, confirming Mayoral assignments of
Councilmembers to various community boards and committees for
the years 2024-2025.
(RC) MOTION: I move to approve the Consent Agenda as read.
5. PROCLAMATIONS AND ACKNOWLEDGEMENTS
78 - 79 (a) Proclaiming Community Risk Reduction Week
Mayor Serrano will present the proclamation to Ben Shearer,
Community Risk Reduction Coordinator and Firefighter with the
Pasco Fire Department.
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
Page 2 of 155
after a deliberative process with input from a number of different sources;
some questions are best directed to staff members who have access to
specific information. Citizen comments will normally be limited to three
minutes each by the Mayor. Those with lengthy messages are invited to
summarize their comments and/or submit written information for
consideration by the Council outside of formal meetings.
7. REPORTS FROM COMMITTEES AND/OR OFFICERS
(a) Verbal Reports from Councilmembers
8. HEARINGS AND COUNCIL ACTION ON ORDINANCES AND
RESOLUTIONS RELATING THERETO
9. ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS
80 - 127 (a) *Q Ordinance No. 4703 - Maoqi Mark Feng Rezone from C-1 to R-
1 (Z 2021-007)
MOTION: I move to adopt Ordinance No. 4703, amending the zoning
classification of certain real property located at Lots 17 To 20 Block 2,
Kurth’s Revised Plat, Pasco, Franklin County, Washington, from C-1
to R-1, and further, authorize publication by summary only.
128 - 149 (b) Ordinance No. 4704 - Interim Financing Local Improvement
District - Sanitary Sewer - East Urban Growth Area
MOTION: I move to adopt Ordinance No. 4704, relating to
contracting indebtedness; authorizing the issuance of local
improvement district bond anticipation notes to pay costs relating to
the construction of Local Improvement District No. 152 improvements
pending the issuance of local improvement district bonds authorized
to be issued by Ordinance No. 4592; fixing or setting parameters with
respect to certain terms and covenants of the notes; appointing the
City’s designated representative to approve the final terms of the sale
of the notes; and providing for other related matters, and further,
authorize publication by summary only.
10. UNFINISHED BUSINESS
11. NEW BUSINESS
150 - 153 (a) Discussion on proposed Change Order No. 7 for the East Urban
Growth Area (UGA) Expansion Sewer Local Improvement District
(LID) No. 152 Phase 1 Project.
12. MISCELLANEOUS DISCUSSION
Page 3 of 155
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 #....”
154 - 155 (b) Adopted Council Goals (Reference Only)
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 155
AGENDA REPORT
FOR: City Council January 10, 2024
TO: Adam Lincoln, City Manager City Council Regular
Meeting: 1/16/24
FROM: Debra Barham, City Clerk
City Manager
SUBJECT: Approval of Meeting Minutes for January 2nd and January 8th
I. REFERENCE(S):
01.02.2024 and 01.08.2024 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 January 2, 2024 and January 8, 2024 respectively.
III. FISCAL IMPACT:
None
IV. HISTORY AND FACTS BRIEF:
V. DISCUSSION:
Page 5 of 155
MINUTES
City Council Regular Meeting
7:00 PM - Tuesday, January 2, 2024
Pasco City Hall, Council Chambers & GoToWebinar
CALL TO ORDER
The meeting was called to order at 7:00 PM by City Clerk Barham.
ROLL CALL
Councilmembers present: Blanche Barajas, Melissa Blasdel, Charles Grimm,
Peter Harpster, David Milne, Leo Perales, and Pete Serrano
Councilmembers absent: None
Staff present: Adam Lincoln, City Manager; Richa Sigdel, Deputy City Manager;
Angela Pashon, Assistant City Manager; Darcy Buckley, Finance Director; Kevin
Crowley, Fire Chief; Eric Ferguson, City Attorney; Jacob Gonzalez, Community &
Economic Development Director; Jesse Rice, Parks & Recreation Director; Ken
Roske, Police Chief; Steve Worley, Public Works Director; and Debby Barham,
City Clerk
The meeting was opened with the Pledge of Allegiance.
SELECTION OF TEMPORARY PRESIDING OFFICER (TO CHAIR BEGINNING OF
MEETING)
City Clerk Barham read the instructions for selecting an temporary presiding
Officer to run the meeting until the Mayor is elected.
Ms. Barajas nominated herself as the temporary presiding Officer to chair the
meeting until the Mayor is elected. Council concurred with the nomination.
Ms. Barajas was selected as temporary presiding Officer.
Page 1 of 8Page 6 of 155
ELECTION OF MAYOR
Chair Barajas called for nominations for Mayor.
Ms. Barajas nominated Peter Harpster for Mayor.
Mr. Milne nominated Pete Serrano for Mayor.
Following three calls the nominations were closed by interim Meeting Chair
Barajas.
Roll Call Vote:
Councilmember Serrano - Serrano
Councilmember Grimm - Serrano
Councilmember Blasdel - Serrano
Councilmember Milne - Serrano
Councilmember Harpster - Serrano
Councilmember Perales - Serrano
Councilmember Barajas - Harpster
Councilmember Serrano was elected Mayor effective January 2, 3024 through
December 31, 2025.
ELECTION OF MAYOR PRO TEM
RECESS
Mayor Serrano called a 10-minute recess at 7:23 PM to arrange the City Council
seating.
CONSENT AGENDA
Approval of Meeting Minutes for December 4th
To approve the minutes of the Pasco City Council Regular Meeting held on
December 4, 2023.
Bills and Communications - Approving Claims in the Total Amount of
$16,918,734.73
To approve claims in the total amount of $16,918,734.73 ($12,219,234.02 in
Check Nos.260383 - 260872; $1,652,416,92 in Electronic Transfer Nos.843692,
843695 - 843700, 843706, 843856, 844011, 844081 - 844121; $26,632.30 in
Check Nos. 54614 - 54627; $3,020,451.49 in Electronic Transfer Nos. 30200082 -
30201399).
MOTION: Mayor Pro Tem Milne moved, seconded by Councilmember Barajas
to approve the Consent Agenda as read.
Page 2 of 8Page 7 of 155
RESULT: Motion carried unanimously 7-0
AYES: Councilmember Barajas, Councilmember Blasdel,
Councilmember Grimm, Councilmember Harpster, Mayor
Pro Tem Milne, Councilmember Perales, and Mayor
Serrano
PUBLIC COMMENTS
George Dockstader, Pasco resident and local realtor, commented on Council's
and City Staff's roles and authority.
Felix Vargas, Pasco resident, congratulated the new councilmembers, new Mayor
and Mayor Pro Tem and thanked Ms. Barajas for her service as Mayor. He
commented on multiculturalism. Lastly, he encouraged the City to sponsor a
Veterans Day parade honoring both living and deceased veterans.
Gabriel Portugal, Pasco resident, commented on volunteer work with the Pasco
Police Department.
Dwayne Howard, Big D's Construction representative, expressed concern on the
recent water rights amendments, which is going to cost him $65K for a project he
has been working on for the past two years.
Jeff Kelly, partner on project with Big D's Construction, expressed concern on the
permit costs of $65K for water rights on a project they have been working on for
the past two years.
Jose Iniguez, musician and founder of Encanto Arts, expressed appreciation to
Blanche Barajas for her leadership as Mayor. He congratulated the new Council
and new Mayor and Mayor Pro Tem. Mr. Iniguez gifted the City a commentative
book celebrating five years with Encanto Arts from 2019 to 2023. Lastly, he read a
quote from President George Washington.
Thomas Granbois, Pasco Resident and Downtown business owner, expressed
appreciation to staff for their work on 2023 Winterfest. He thanked Ms. Barajas for
her service as Mayor. Lastly, he stated that he had no part of the Pasco
corruption article written in the Tri-City Herald.
REPORTS FROM COMMITTEES AND/OR OFFICERS
Verbal Reports from Councilmembers
Ms. Barajas reported on the 2023 Winterfest that she attended as Mayor. She
thanked staff who prepared and participated in the event, as well as those
Councilmembers who attended the event. She also commented on the Cops and
Kids annual Christmas event.
Page 3 of 8Page 8 of 155
Mr. Grimm thanked Mr. Rice and staff for the 2023 Winterfest event. He also
reported on a recent ribbon cutting event he attended on behalf of the Mayor.
Mr. Perales stated that he attended the 2023 Winterfest during the day. He also
attended the Historic Preservation Commission, as well as the Tri-Cities Animal
Control Authority meeting in December 2023. Lastly, reported on a recent ribbon
cutting event he attended.
Mr. Harpster commented on the 2023 Winterfest stating it was a great event.
Ms. Blasdel attended the Wreaths Across America event at City View Cemetery.
Mr. Milne expressed appreciation for the successful 2023 Winterfest.
Ms. Barajas commented on placement of the Winterfest Heritage tree in a City
park and reminded the public about the QR Code to learn about historic sites in
Pasco and surrounding region.
ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS
Resolution No. 4407 - Surplus of City Property Along Argent Road (Parcel
No. 113.300.251)
Ms. Sigdel provided a brief report on the proposed surplus of City-owned
property, as well as the proposed sale of that property.
Council and Ms. Sigdel had a brief discussion regarding the propose surplus and
purchase and sale agreement of City-owned property.
MOTION: Mayor Pro Tem Milne moved, seconded by Councilmember Grimm
to approve Resolution No. 4407, declaring City-owned real property surplus,
setting the minimum price and the method of sale for Parcel No. 113.300.251,
and further, authorize the City Manager to sell the property through realtor
listing for a minimum price determined through market analysis.
RESULT: Motion carried unanimously 7-0
AYES: Councilmember Barajas, Councilmember Blasdel,
Councilmember Grimm, Councilmember Harpster, Mayor
Pro Tem Milne, Councilmember Perales, and Mayor
Serrano
Resolution No. 4408 - Sale of Property Along Argent Road (Parcel No.
113.300.251)
Ms. Sigdel provided a brief report on the proposed sale of City-owned property
along Argent Road.
Page 4 of 8Page 9 of 155
MOTION: Mayor Pro Tem Milne moved, seconded by Councilmember Blasdel
to approve Resolution No. 4408, approving the sale of certain City-owned real
property located along Argent Road, Parcel No. 113.300.251
RESULT: Motion carried unanimously 7-0
AYES: Councilmember Barajas, Councilmember Blasdel,
Councilmember Grimm, Councilmember Harpster, Mayor
Pro Tem Milne, Councilmember Perales, and Mayor
Serrano
Resolution No. 4409 - Jacobs Engineering Group, Inc. Professional Services
Agreement for Design Services for Butterfield Water Treatment Plant
Improvements Project
Mr. Worley introduced Interim Public Works Director Serra who provided a brief
report on the proposed professional services agreement for 30 percent design
services for electrical improvements at the Butterfield Water Treatment Plant.
MOTION: Mayor Pro Tem Milne moved, seconded by Councilmember Blasdel
to approve Resolution No. 4409, authorizing execution of the Professional
Services Agreement by the City Manager with Jacobs Engineering Group, Inc.
for the design of the Butterfield Water Treatment Plant Improvements Project-
Project 1 Electrical Building.
RESULT: Motion carried unanimously 7-0
AYES: Councilmember Barajas, Councilmember Blasdel,
Councilmember Grimm, Councilmember Harpster, Mayor
Pro Tem Milne, Councilmember Perales, and Mayor
Serrano
Resolution No. 4410 - Purchase and Sale Agreement for CXT Modular
Restroom and Storage
Mr. Rice provided a brief report related to the proposed restroom and storage
facility at Highland Park.
Council and Mr. Rice held a brief question and answer period.
MOTION: Mayor Pro Tem Milne moved, seconded by Councilmember Blasdel
to approve Resolution No. 4410, authorizing the City Manger to execute a
purchase agreement with CXT, Inc. for the purchase of a precast concrete
storage and restroom building for Highland Park.
RESULT: Motion carried unanimously 7-0
AYES: Councilmember Barajas, Councilmember Blasdel,
Councilmember Grimm, Councilmember Harpster, Mayor
Pro Tem Milne, Councilmember Perales, and Mayor
Serrano
Page 5 of 8Page 10 of 155
Resolutions Nos. 4411 & 4412 - Microsoft Enterprise Agreement, and
Purchase of Microsoft EA Products
Mr. Rice provided a brief report on the proposed purchase of Microsoft products
for the City.
MOTION: Mayor Pro Tem Milne moved, seconded by Councilmember Blasdel
to approve Resolution No. 4411, authorizing the City Manager to execute an
Enterprise Agreement with Microsoft Inc. for the use of Microsoft licenses,
service and subscriptions.
RESULT: Motion carried unanimously 7-0
AYES: Councilmember Barajas, Councilmember Blasdel,
Councilmember Grimm, Councilmember Harpster, Mayor
Pro Tem Milne, Councilmember Perales, and Mayor
Serrano
MOTION: Mayor Pro Tem Milne moved, seconded by Councilmember Blasdel
to approve Resolution No. 4412, authorizing the City Manager to execute a
purchase of Microsoft licenses, service and subscriptions with Insight
Enterprises, Inc.
RESULT: Motion carried unanimously 7-0
AYES: Councilmember Barajas, Councilmember Blasdel,
Councilmember Grimm, Councilmember Harpster, Mayor
Pro Tem Milne, Councilmember Perales, and Mayor
Serrano
MISCELLANEOUS DISCUSSION
Mr. Lincoln announced that this was Mr. Worley's last meeting as Mr. Worley
accepted a position in Vancouver, WA. He expressed appreciation for Mr.
Worley's expertise and thanked him for his service to the City.
Mayor Serrano expressed appreciation for Mr. Worley and stated that he will be
missed.
Ms. Barajas expressed appreciation to Mr. Worley and thanked him for his service
to the City.
Mr. Grimm expressed appreciation to Mr. Worley for the time he spent with him
during the past month. He also commented on the the roles of Council, the public
and staff.
Mr. Harpster apologized for not attending in person for his first meeting. He
thanked Ms. Barajas for her time as Mayor and Mayor Pro Tem. He congratulated
the election of Mayor Serrano and Mayor Pro Tem Milne. Lastly, he expressed
Page 6 of 8Page 11 of 155
appreciation to Mr. Worley for his service to the City.
Mr. Perales expressed appreciation to Mr. Worley. He also commented on the
roles of Council and staff and seeking the public's input as he is currently asking
for more information regarding water rights fees for his understanding. Lastly, he
commented that he is interested in creating an advisory group for the Tri-City
Animal Control Authority.
Ms. Blasdel expressed appreciation to Mr. Worley and stated that he will be
missed.
Mayor Pro Tem Milne expressed appreciation to Mr. Worley.
Mr. Grimm suggested that the public be provided the opportunity to speak during
Council workshops.
Mr. Ferguson recommended that Council first direct staff to the opportunity to
research to see if there is a reason why the public is not allowed to speak in a
workshop setting.
MOTION: Councilmember Grimm moved, seconded by Councilmember
Perales to direct Mr. Ferguson to research about allowing public comment
during Council Workshops.
RESULT: Motion carried. 5-2
AYES: Councilmember Barajas, Councilmember Grimm,
Councilmember Harpster, Mayor Pro Tem Milne, and
Councilmember Perales
NAYS: Councilmember Blasdel and Mayor Serrano
Mr. Grimm suggested that the January 8th Council Workshop be moved to
January 9th.
Council and staff briefly discussed the pros and cons on moving the workshop.
MOTION: Councilmember Grimm moved, seconded by Councilmember
Perales to move the January 8, 2024 Workshop to January 9, 2024.
RESULT: DEFEATED. 2-5
AYES: Mayor Pro Tem Milne and Councilmember Perales
NAYS: Councilmember Barajas, Councilmember Blasdel,
Councilmember Grimm, Councilmember Harpster, and
Mayor Serrano
Mr. Rice provided a recap on all the City events held in December 2023.
Mayor Serrano expressed appreciation to Executive Assistance, April Culwell,
Page 7 of 8Page 12 of 155
and stated that she will be missed.
Mr. Lincoln confirmed that Ms. Culwell will be missed and noted that she and a
committee headed up the annual United Way campaign the past Fall and that
over $10,000 was raised during that campaign.
RECESS
Mayor Serrano called a five-minute recess at 9:01 PM.
EXECUTIVE SESSION
Council adjourned into Executive Session at 9:06 PM for 10 minutes to discuss
with legal counsel about current or potential litigation per RCW 42.30.110(1)(i)
with the City Manager, Deputy City Manager, and City Attorney.
At 9:16 PM Mayor Serrano announced that the Executive Session would continue
for another five minutes.
At 9:21 PM Mayor Serrano announced that the Executive Session would continue
for another five minutes.
At 9:26 PM Mayor Serrano announced that the Executive Session would continue
for another five minutes.
Mayor Serrano called the meeting back to order at 9:33 PM.
ADJOURNMENT
There being no further business, the meeting was adjourned at 9:33 PM.
PASSED and APPROVED this ____ day of ________________, 20__.
APPROVED: ATTEST:
Pete Serrano, Mayor Debra Barham, City Clerk
Page 8 of 8Page 13 of 155
MINUTES
City Council Workshop Meeting
7:00 PM - Monday, January 8, 2024
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: Pete Serrano, David Milne, Blanche Barajas, Melissa
Blasdel, Charles Grimm, Peter Harpster, and Leo Perales
Councilmembers absent: None
Staff present: Adam Lincoln, City Manager; Richa Sigdel, Deputy City Manager;
Angela Pashon, Assistant City Manager; Darcy Buckley, Finance Director; Kevin
Crowley, Fire Chief; Eric Ferguson, City Attorney; Jacob Gonzalez, Community &
Economic Development Director; Jesse Rice, Parks & Recreation Director; Ken
Roske, Police Chief; Maria Serra, Interim Public Works Director; and Debby
Barham, City Clerk
The meeting was opened with the Pledge of Allegiance.
VERBAL REPORTS FROM COUNCILMEMBERS
Ms. Blasdel reported on the Pasco Chamber of Commerce lunch meeting that she
attended earlier in the day.
Mr. Harpster commented on the Pasco Police Department's presentation held
during the Pasco Chamber of Commerce's meeting.
ITEMS FOR DISCUSSION
Water Rights Acquisition Fees
Ms. Serra provided a brief presentation related to water rights in general, as they
relate to the City's needs, as well as the Water Rights Acquisition Fees approved
Page 1 of 4Page 14 of 155
by Council in November 2023.
Mr. Ferguson confirmed that the process staff followed for the amendments to the
Pasco Municipal Code related to the Water Rights Acquisition Fees not only met
the legal and statutory requirements, surpassed the requirements.
Council, Mr. Lincoln and Ms. Serra continued the discussion of the Water Rights
Acquisition Fees, a recap of the process of the rate changes and water
conversation (xeriscaping).
Mayor Serrano opened the floor to accept comments from the public regarding
the water rights topic.
Charles Laird, resident, expressed opposition to the surcharge of water rights.
Also, asked if the same rules apply for commercial/industrial developments.
Ms. Serra explained that the application of commercial/industrial developments
water rights is determined differently due to the nature of the development.
Eric Weinheimer, Sunnyside resident, asked the amount of leased water rights.
He cautioned the City on setting the rate as was done in November 2023 as the
water rights are sold a market value that changes as frequently as daily.
Mr. Grimm stated that he was not an expert on this topic and that he reached out
to City staff and community developers to understand this topic.
Alan Olberding, Richland resident, the value of the water rights should be at
market value with the City having the first right of refusal. Does not like the
surcharge. Likes the idea of forming a committee to further discuss the water
rights fees and surcharge.
Mayor Serrano asked Council if there is an interest in creating a Council
subcommittee for the continued study of water rights and how they apply to the
City of Pasco's needs.
Ms. Blasdel, Mr. Perales, Mr. Grimm and Mayor Serrano supported the formation
of a Council subcommittee to study the water rights issues. He stated that Mr.
Perales and Mr. Grimm indicated that they would participate in the subcommittee.
Presentation of Butterfield WTP Facility Plan Update - Water Quality Focus
Ms. Serra introduced Ali Leeds, Project Manager, from Carollo Engineering, who
provided a presentation on the water quality focus with the Butterfield Water
Treatment Plant (Butterfield WTP) facility plan.
Council asked for clarification in which Ms. Leeds and Ms. Serra responded with
detailed explanation.
Page 2 of 4Page 15 of 155
Ordinance - Interim Financing Local Improvement District - Sanitary Sewer -
East Urban Growth Area
Ms. Buckley provided a presentation on the proposed interim financing for the
East Urban Growth Area (UGA) Sewer Local Improvement District (LID) No. 152.
Mayor Serrano announced that this LID was initially approved by Council in 2022
and this is the next step in a series of steps to complete the LID.
Resolution - Amendment No. 5 to RH2 Professional Services Agreement for
the Phase 2 PWRF Project
Ms. Serra provided a brief report related to the proposed Amendment No. 5 to the
Phase 2 Process Water Reuse Facility Professional Services Agreement (PSA)
with RH2 Engineering, Inc. for full construction management services.
Resolution - Change Order No. 7 to Citywide Traffic Signal Improvements
Ph 2 Project
Ms. Serra provided a brief report on proposed Change Order No. 7 to the
Citywide Traffic Signal Improvements Phase 2 project.
MISCELLANEOUS COUNCIL DISCUSSION
Ms. Serra reported that the Public Works Streets Division crews are ready to
deploy when the winter weather hits and noted that there is a snow removal plan
for the City streets.
Mr. Rice reported that the Parks Division crews are ready for the winter weather
conditions. He also announced the Winter Warming Centers are ready for those
individuals in need of a warm place to rest.
Mr. Perales commented on fireworks concerns in his Council District.
Police Chief Roske asked that the fireworks concerns be phoned in to the Police
Department.
Mr. Perales asked for an update on the planning efforts for the next Cinco de
Mayo community event.
Mr. Rice stated that the City will have its initial Cinco de Mayo planning meeting
later this week and provided a overview of the planning efforts.
RECESS
Mayor Serrano called a five-minute recess at 8:52 PM.
Page 3 of 4Page 16 of 155
EXECUTIVE SESSION
Council adjourned into Executive Session at 8:57 PM for five (5) minutes to
discuss the consideration of the minimum offering price for sale or lease of real
estate if there’s a likelihood that disclosure would decrease the price per RCW
42.30.110(1)(c) with the factors influencing the price include location, cost and
use of the property. The City Manager, Deputy City Manager, and City Attorney
also joined the Executive Session.
At 9:02 PM Mayor Serrano announced that the Executive Session would continue
for another five (5) minutes.
Mayor Serrano called the meeting back to order at 9:07 PM.
ADJOURNMENT
There being no further business, the meeting was adjourned at 9:07 PM.
PASSED and APPROVED this __ day of ________________, 20__.
APPROVED: ATTEST:
Pete Serrano, Mayor Debra Barham, City Clerk
Page 4 of 4Page 17 of 155
AGENDA REPORT
FOR: City Council January 11, 2024
TO: Adam Lincoln, City Manager City Council Regular
Meeting: 1/16/24
FROM: Darcy Buckley, Finance Director
Finance
SUBJECT: Bills and Communications - Approving Claims in the Total Amount of
$11,975,065.15 and Bad Debt Write-off Totaling $ 211,681.83.
I. REFERENCE(S):
Accounts Payable 01.10.24
Bad Debt Write-off/Collection DEC 2023
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
To approve claims in the total amount of $11,975,065.15 ($10,764,289.19 in
Check Nos. 260873 - 261267; $15,366.46 in Check Nos. 54328 - 54636;
$1,195,409.50 in Electronic Transfer Nos. 30201400 - 30202045).
To approve bad debt write-off for accounts receivable including Utility Billing,
Ambulance, Cemetery, General Accounts, and Miscellaneous Accounts in the
total amount of $211,681.83.
III. FISCAL IMPACT:
IV. HISTORY AND FACTS BRIEF:
V. DISCUSSION:
Page 18 of 155
REPORTING PERIOD:
January 16, 2024
Claims Bank Payroll Bank Gen'l Bank Electronic Bank Combined
Check Numbers 260873 - 261267 54328 - 54636
Total Check Amount $10,764,289.19 $15,366.46 Total Checks 10,779,655.65$
Electronic Transfer Numbers 30201400 - 30202045
Total EFT Amount $0.00 $1,195,409.50 $0.00 $0.00 Total EFTs 1,195,409.50$
Grand Total 11,975,065.15$
Councilmember
100 2,965,440.44
110 44,835.52
140 12,078.48
145 7,309.89
150 307,812.08
155 3,641.27
160 10,978.76
165 19,871.85
168 63,549.20
170 8,569.91
180 1,079.68
188 47,666.92
190 REVOLVE ABATEMENT 781.75
191 13,541.67
194 102,319.66
195 422.33
196 HOTEL/ MOTEL EXCISE TAX 13,847.20
367 3,680,635.66
410 2,994,692.85
510 176,354.62
511 14,175.12
515 229,352.01
520 1,784.01
690 1,254,324.27
GRAND TOTAL ALL FUNDS:11,975,065.15$
PAYROLL CLEARING
EQUIPMENT RENTAL - OPERATING GOVERNMENTAL
EQUIPMENT RENTAL - OPERATING BUSINESS
EQUIPMENT RENTAL - REPLACEMENT GOVERNMENTAL
MEDICAL/ DENTAL/ VISION INSURANCE
ECONOMIC DEVELOPMENT
STADIUM/ CONVENTION CENTER
GENERAL CAP PROJECT CONSTRUCTION
UTILITY, WATER/ SEWER
SPECIAL ASSESSMENT LODGING
TRAC DEVELOPMENT & OPERATING
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
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
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
16th day of January, 2024 that the merchandise or services hereinafter specified have been received and are approved for payment:
December 28, 2023 to January 10, 2024
C I T Y O F P A S C O
Council Meeting of:
Accounts Payable Approved
The City Council
Page 19 of 155
BAD DEBT WRITE-OFF/COLLECTION
December 1 – December 31, 2023
1. UTILITY BILLING - These are all inactive accounts, 60 days or older. Direct write-offs under
$20 with no current forwarding address or are accounts in "occupant" status. Accounts
submitted for collection exceed $20.00.
2. AMBULANCE - These are all delinquent accounts over 90 days past due or statements are
returned with no forwarding address. Those submitted for collection exceed $10.00. Direct
write off amounts are a result of a reduction in charges due to DSHS and Medicare customers
and eligibility; the law requires that the City accept assignment in these cases.
3. CODE ENFORCEMENT – LIENS - These are Code Enforcement violation penalties which
are either un-collectable or have been assigned for collections because the property owner has
not complied or paid the fine. There are still liens in place on these amounts which will
continue to be in effect until the property is brought into compliance and the debt associated
with these liens are paid.
4. CEMETERY - These are delinquent accounts over 120 days past due or statements are returned
with no forwarding address. Those submitted for collection exceed $10.00.
5. GENERAL - These are delinquent accounts over 120 days past due or statements are returned
with no forwarding address. Those submitted for collection exceed $10.00.
6. MISCELLANEOUS - These are delinquent accounts over 120 days past due or statements are
returned with no forwarding address. Those submitted for collection exceed $10.00.
Direct Referred to Total
Write-off Collection Write-off
Utility Billing $ - - -
Ambulance $
211,681.83 -
211,681.83
Code Enforcement $ - - -
Cemetery $ - - -
General $ - - -
Miscellaneous $ - - -
TOTAL: $
211,681.83 -
211,681.83
Page 20 of 155
Page 21 of 155
AGENDA REPORT
FOR: City Council January 10, 2024
TO: Adam Lincoln, City Manager City Council Regular
Meeting: 1/16/24
FROM: Maria Serra, Interim Director
Public Works
SUBJECT: Resolution No. 4413 - Amendment No. 5 to RH2 Professional Services
Agreement for the Phase 2 PWRF Project
I. REFERENCE(S):
Resolution
PSA Amendment No. 5
Amendment Summary List
Presentation
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION:City the authorizing 4413, No. to approve move I Resolution
for Services Professional the 5 Manager Amendment execute to No.
Agreement with RH2 Engineering, Inc. for the Process Water Reuse Facility
(PWRF) Pretreatment Improvements Phase 2: Winter Storage Capacity.
III. FISCAL IMPACT:
Proposed Amendment No. 5 to Professional Services Agreement (PSA) with
RH2 for PWRF Phase 2: $1,357,001.00
Summary:
Original PSA $422,542.00
Amendment No. 1 $267,625.00
Amendment No. 2 $9,038.00
Amendment No. 3 $111,584.00
Amendment No. 4 $1,364,811.00
Amendment No. 5 (proposed) $1,357,001.00
New PSA Total $3,532,601.00
The total estimated cost for this project is $38.2 million. This project is funded
100% by a Department of Ecology Clean Water State Revolving Fund
Page 22 of 155
(CWSRF) low-interest loan. Loan payments will be paid from fees collected
from each of the Processors.
IV. HISTORY AND FACTS BRIEF:
On August 10, 2021, the City entered into a Professional Services Agreement
(PSA) with RH2 Engineering, Inc., (RH2) for the design of approximately 200
million gallons (MG) of winter storage ponds at the Process Water Reuse
Facility (PWRF) to accommodate the needs of the new Darigold milk
processing plant. The ponds are needed to store processor wastewater during
winter months when irrigation is not permitted. Subsequent to this PSA, several
existing to capacity storage winter Processors requested also additional
support the expansions of their operations and facilities. The total winter
storage volume is now just over 300 MG.
V. DISCUSSION:
Now that this project is under construction the City has requested RH2 provide
construction administration services for this project. The proposed Amendment
5 tasks, various administration for expanded accounts project
agency/contractor coordination, as well as onsite observation and inspection to
meet project funding and regulatory requirements.
Ecology, who manages the CWSRF loan program, has been identified this
project as a Designated Equivalency Project (DEP). This means the project is
completely funded with federal funds that pass through a state program. With
the DEP designation, additional environmental compliance elements were
required.
To allow this project to move forward the City needed to purchase properties
adjacent to the PWRF from the US Bureau of Reclamation (USBR). This
federal property acquisition specifically requires monitoring of burrowing owl
activity on these parcels and coordination with the Washington Department of
Fish and Wildlife when or if relocation of owl burrows becomes necessary.
Federal funding on this project also triggers the thorough review, reporting, and
record-keeping payroll and wage certified contractor of prevailing
documentation, both of which involve additional coordination between the city
and construction contractor employees. Comprehensive review of pay requests
from the contractor also entails extensive knowledge of actual construction
progress, thereby requiring regular frequency of onsite inspection and
observation.
In April 2023, the Department of Ecology Water Quality Program released a
new lagoon and liner design guidelines (Publication 98-37) which implements
Page 23 of 155
requirements for construction of lined lagoons as authorized through Chapter
173-240 WAC. For the new installation of a pond liner, the Ecology regulations
require a modern electrical leak detection technology to ensure liner integrity
when placing the new ponds into service. As this type of field testing was not
anticipated at the time the construction contract was awarded, this amendment
includes provisions for the consultant to subcontract with a third party to
perform these services.
The total estimated construction cost of this project is $35.4 million. Upon
approval of Amendment No. 5, the total PSA amount represents approximately
10% of the estimated construction cost. This is below the typical 15-20%
design fees.
This item was discussed at the January 8, 2024, Council Workshop Meeting.
Staff recommends approval of Amendment No. 5 to the PSA with RH2
Engineering for the PWRF Pretreatment Improvements Phase 2 Winter
Storage Pond project in the amount of $1,357,001.00.
Page 24 of 155
Resolution - PWRF Phase 2 Amend No. 5 w/ RH2 Agreement - 1
Version 10.25.23
RESOLUTION NO. _________
A RESOLUTION OF THE CITY OF PASCO, WASHINGTON,
AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 5
FOR THE PROFESSIONAL SERVICES AGREEMENT WITH RH2
ENGINEERING, INC. FOR THE PROCESS WATER REUSE FACILITY
(PWRF) PRETREATMENT IMPROVEMENTS PHASE 2: WINTER STORAGE
CAPACITY.
WHEREAS, the City of Pasco (City) RH2 Engineering, Inc. entered into a Professional
Services Agreement on August 10, 2021, to provide Engineering services with respect to the
Process Water Reuse Facility (PWRF) Improvements project; and
WHEREAS, the City and RH2 Engineering, Inc. entered into Amendment No. 1 on May
9, 2022, to add additional professional engineering (design) services for additional winter storage ;
and
WHEREAS, the City and RH2 Engineering, Inc. entered into Amendment No. 2 on July
12, 2022, to add additional professional engineering services required for the acquisition of
additional land from the United States Bureau of Reclamation (USBR); and
WHEREAS, the City and RH2 Engineering, Inc. entered into Amendment No. 3 on
August 26, 2022, to add additional professional engineering services for cultural and
environmental field work and associated reporting for an additional 160-acre parcel owned by the
USBR, and additional permitting support to facilitate the acquisition process being administered
by the USBR to meet funding requirements; and
WHEREAS, the City and RH2 Engineering, Inc. entered into Amendment No. 4 on
January 6, 2023, to add additional professional engineering services for supporting the future
operations of the facility by interconnecting ponds, coordinating work between the multiple
ongoing phases of the project at the PWRF site, funding assistance, and limited construction
support; 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 Amendment
No. 5 to allow RH2 Engineering, Inc. to provide additional professional engineering services
during construction including construction contract administration, and project management duties
in compliance with the Federal regulations of the Clean Water State Revolving Fund (CWSRF)
loan.
Page 25 of 155
Resolution - PWRF Phase 2 Amend No. 5 w/ RH2 Agreement - 2
Version 10.25.23
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PASCO, WASHINGTON:
That the City Council of the City of Pasco approves the terms and conditions of
Amendment No. 5 between the City of Pasco and RH2 Engineering, Inc. as attached hereto and
incorporated herein as Exhibit A.
Be It Further Resolved, that the City Manager of the City of Pasco, Washington, is hereby
authorized, empowered, and directed to execute said Amendment No. 5 on behalf of the City of
Pasco; and to make minor substantive changes as necessary to execute the Agreement.
Be It Further Resolved, that this Resolution will take effect immediately.
PASSED by the City Council of the City of Pasco, Washington , on this ___ day of
_________________, 2024.
_____________________________
Pete Serrano
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ___________________________
Debra Barham, CMC Kerr Ferguson Law, PLLC
City Clerk City Attorneys
Page 26 of 155
Amendment No. 5 to RH2 Engineering, Inc. PSA
Process Water Reuse Facility Pretreatment Improvements – Phase 2: Winter Storage Page 1
AMENDMENT NUMBER 5 to
PROFESSIONAL SERVICES AGREEMENT
Process Water Reuse Facility Pretreatment Improvements – Phase 2: Winter Storage
PROJECT No. 21298
AGREEMENT NO. 21-039
WHEREAS, the City and RH2 Engineering, Inc., entered into a Professional Services
Agreement on August 10, 2021, to provide engineering services with respect to the Process Water
Reuse Facility (PWRF) Improvements project; and
WHEREAS, as the Phase 2 project progressed, RH2 Engineering and City Staff have
identified additional need for winter storage capacity; and
WHEREAS, the City and RH2 Engineering, Inc. entered into Amendment No. 1 on May
9, 2022, to add additional professional engineering (design) services for additional winter storage ;
and
WHEREAS, the City and RH2 Engineering, Inc. entered into Amendment No. 2 on July
12, 2022, to add additional professional engineering services required for the acquisition of
additional land from the United States Bureau of Reclamation (USBR); and
WHEREAS, the City and RH2 Engineering, Inc. entered into Amendment No. 3 on
August 26, 2022, to add additional professional engineering services for cultural and
environmental field work and associated reporting for an additional 160-acre parcel owned by the
USBR, and additional permitting support to facilitate the acquisition process being administered
by the USBR to meet funding requirements; and
WHEREAS, the City and RH2 Engineering, Inc. entered into Amendment No. 4 on
January 6, 2023, to add additional professional engineering services for supporting the future
operations of the facility by interconnecting ponds, coordinating work between the multiple
ongoing phases of the project at the PWRF site, funding assistance, and limited construction
support; 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 Amendment
No. 5 to allow RH2 Engineering, Inc. to provide additional professional engineering services
during construction including construction contract administration, and project management duties
in compliance with the Federal regulations of the Clean Water State Revolving Fund (CWSRF)
loan.
NOW, THEREFORE, this Agreement is amended to allow RH2 Engineering, Inc., to
provide additional professional engineering services during construction as described on Exhibit
A.
Page 27 of 155
Amendment No. 5 to RH2 Engineering, Inc. PSA
Process Water Reuse Facility Pretreatment Improvements – Phase 2: Winter Storage Page 2
1. Scope of Work:
See Exhibit A
2. Fee:
The compensation for the work is based on a Time and Materials Basis not to exceed the
amount of $1,357,001.00 for a total authorization amount of $3,532,601.00. See Exhibit
B.
3. Time of performance:
The services shall be complete for the project on or before December 31, 2024.
DATED THIS _____ DAY OF _____________________________, 2024.
CITY OF PASCO, WASHINGTON CONSULTANT
Adam R. Lincoln, City Manager, RH2 Engineering, Inc. Paul Cross, PE -
Principal
Page 28 of 155
1
12/13/2023 11:36:41 AM \\CORP.RH2.COM\DFS\PROJECTS\DATA\PSC\21-0236\00 CONTRACT\A-5\AMEND NO. 5_SOW_PWRF PH 2 SDC-REGULAR.DOCX
EXHIBIT A
Scope of Work
Amendment No. 5
City of Pasco
Process Water Reuse Facility Improvements – Winter Storage
Regular Services During Construction
December 2023
Background
The City of Pasco (City) has requested that RH2 Engineering, Inc., (RH2) provide regular construction
observation and contract administration services for the Process Water Reuse Facility (PWRF)
Improvements – Phase 2: Winter Storage Project. This Amendment is additive to Contract
Amendment No. 4 for limited services during construction (SDC). It is anticipated the project will start
in December 2023 and be finalized in May 2025 based on allotted working days for the contractor.
Task 8 – Services During Construction (Regular)
Objective: Provide engineering services, construction contract administration, and project
management during the construction phase of the project. This Task is additive to Contract
Amendment No. 4, Task 8.
Approach:
Provide project administration services during construction, including staff scheduling,
recordkeeping and filing, and project invoicing. Provide monthly billing invoices, including a
detailed breakdown of RH2 staff hours. Include a summary of expenditures, percentage
complete, and budget remaining. Coordinate with the City’s project manager on a regular
basis to discuss project and task status.
Manage RH2 ShareFile site for uploading and managing project documents.
Review and track contractor Statements of Intent to Pay Prevailing Wages and Certified
Payrolls. Perform wage rate interviews with contractor’s employees.
Prepare and distribute meeting agendas/minutes for weekly on-site construction meetings
Monitor burrowing owl activity on the U.S. Department of Reclamation’ (Reclamation) and
SE Reclamation parcels and coordinate with the Washington Department of Fish and Wildlife
on burrow abandonment or owl relocation. It is anticipated that trail cameras will be used to
monitor owl burrows during December.
Attend weekly on-site construction meetings.
Provide daily correspondence and coordination with City, contractor, and agencies.
Provide additional part-time construction observation services. The intent of the on-site
observation is to observe the quality and compliance of the work with the construction
Page 29 of 155
City of Pasco Exhibit A
PWRF Improvements – Winter Storage Scope of Work
Regular SDC Amendment No. 5
2
12/13/2023 11:36:41 AM \\CORP.RH2.COM\DFS\PROJECTS\DATA\PSC\21-0236\00 CONTRACT\A-5\AMEND NO. 5_SOW_PWRF PH 2 SDC-REGULAR.DOCX
contract plans and specifications. The Fee Estimate is additive to Contract Amendment No. 4,
subtask 8.6 and reflects approximately twenty-four (24) hours per week of on-site
observations by an RH2 representative for the duration of the construction period (assumed
to be eighty-eight (88) weeks). Notify the contractor and the City of work that has been
observed to have not been completed in accordance with the plans and specifications and
discuss rectification. Review pay requests from the contractor and forward approved pay
requests to the City for processing. Prepare progress reports, including construction contract
time remaining statements and weekly statements of working days.
Subcontract with a testing agency to provide electronic leak detection services for the
103 million gallon (MG), 106 MG, and 120 MG lagoons using the water puddle testing
method.
Attend final contractor inspection with City staff and prepare a punchlist.
Prepare a letter recommending project acceptance and project closeout documents following
completion of construction.
Assumptions:
• Contract Amendment No. 4, subtask 8.8 originally assumed sixteen (16) hours of part-time
construction observation services for fifty-two (52) weeks. Additional hours and duration have
been included in subtask 8.17 to account for RH2 providing regular SDC services and the
contract being longer than originally anticipated.
• Trail cameras and burrowing owl traps will be used for subtask 8.15. Rental costs for the trail
cameras and material costs for burrowing owl traps will be billed to the project.
• A UTV will be used for subtask 8.18 to access the site. RH2 will provide an accompanying
invoice for the UTV rental with RH2’s monthly billing.
• Subtask 8.19 will require RH2 to issue a change proposal for the PWRF Phase 2 contractor
(Tapani, Inc.) to provide a water truck, up to 500 feet of hose, 5,000 gallons per day of City or
well water, and one (1) to two (2) laborers to assist with handling and operation of the hoses
and water truck for the testing agency performing the electronic leak detection service. The
leak detection survey may take up to twenty (20) working days.
Provided by City:
• Attendance at weekly construction meetings.
RH2 Deliverables:
• Attendance at weekly construction meetings, agenda, and meeting minutes in electronic PDF.
• Written responses to pay requests in electronic PDF.
• Part-time construction observation.
Page 30 of 155
City of Pasco Exhibit A
PWRF Improvements – Winter Storage Scope of Work
Regular SDC Amendment No. 5
3
12/13/2023 11:36:41 AM \\CORP.RH2.COM\DFS\PROJECTS\DATA\PSC\21-0236\00 CONTRACT\A-5\AMEND NO. 5_SOW_PWRF PH 2 SDC-REGULAR.DOCX
• Progress reports, observation reports, construction contract time remaining statements, and
weekly statements of working days in electronic PDF.
• Electronic leak detection survey report.
Page 31 of 155
EXHIBIT B
Fee Estimate
Amendment No. 5
City of Pasco
PWRF Improvements Phase 2 - Winter Storage
Services During Construction
Dec-23
Description
Total
Hours
Total Labor Total
Subconsultant
Total Expense Total Cost
Task 8 Services During Construction (Regular)5356 1,084,953$ 218,500$ 53,548$ 1,357,001$
PROJECT TOTAL 5356 1,084,953$ 218,500$ 53,548$ 1,357,001$
\\corp.rh2.com\dfs\Projects\Data\PSC\21-0236\00 Contract\A-5\Amend No. 5_FEE_PWRF PH 2 SDC-Regular 12/19/2023 9:22 AMPage 32 of 155
RATE LIST RATE UNIT
Professional I $169 $/hr
Professional II $184 $/hr
Professional III $207 $/hr
Professional IV $226 $/hr
Professional V $240 $/hr
Professional VI $259 $/hr
Professional VII $280 $/hr
Professional VIII $293 $/hr
Professional IX $311 $/hr
Technician I $130 $/hr
Technician II $144 $/hr
Technician III $162 $/hr
Technician IV $177 $/hr
Technician V $192 $/hr
Technician VI $211 $/hr
Technician VII $229 $/hr
Technician VIII $239 $/hr
Control Specialist I $170 $/hr
Control Specialist II $185 $/hr
Control Specialist III $208 $/hr
Control Specialist IV $227 $/hr
Control Specialist V $240 $/hr
Control Specialist VI $259 $/hr
Control Specialist VII $276 $/hr
Control Specialist VIII $289 $/hr
Control Specialist IX $289 $/hr
Control Technician I $130 $/hr
Control Technician II $144 $/hr
Control Technician III $165 $/hr
Control Technician IV $177 $/hr
Control Technician V $192 $/hr
Control Technician VI $211 $/hr
Control Technician VII $229 $/hr
Control Technician VIII $239 $/hr
Administrative I $87 $/hr
Administrative II $102 $/hr
Administrative III $120 $/hr
Administrative IV $144 $/hr
Administrative V $168 $/hr
CAD/GIS System $27.50 $/hr
CAD Plots - Half Size $2.50 price per plot
CAD Plots - Full Size $10.00 price per plot
CAD Plots - Large $25.00 price per plot
Copies (bw) 8.5" X 11"$0.09 price per copy
Copies (bw) 8.5" X 14"$0.14 price per copy
Copies (bw) 11" X 17"$0.20 price per copy
Copies (color) 8.5" X 11"$0.90 price per copy
Copies (color) 8.5" X 14"$1.20 price per copy
Copies (color) 11" X 17"$2.00 price per copy
Technology Charge 2.50%% of Direct Labor
Night Work 10.00%% of Direct Labor
Mileage $0.6550
price per mile
(or Current IRS Rate)
Subconsultants 15%Cost +
Outside Services at cost
EXHIBIT C
RH2 ENGINEERING, INC.
2024 SCHEDULE OF RATES AND CHARGES
Rates listed are adjusted annually. Page 33 of 155
EQUIPMENT RATE UNIT
Pressure Data Logger 30$ $/Day
120$ $/Week
360$ $/Month
Set of 2 Hose Monster Assemblies 50$ $/Day
200$ $/Week
600$ $/Month
Set of 6 Pressure Data Loggers 180$ $/Day
720$ $/Week
2,160$ $/Month
Set of 2 Hose Monster Assemblies w/ 6 Pressure Data Loggers 230$ $/Day
920$ $/Week
2,760$ $/Month
Set of 2 Hose Monster Assemblies w/ 9 Pressure Data Loggers 320$ $/Day
1,280$ $/Week
3,840$ $/Month
EQUIPMENT RATE UNIT
Coco-80 w/ 4 Accelerometers 80$ $/Pump
320$ $/Day
960$ $/Week
ITIG-II Model C w/ test probes 90$ $/Pump
360$ $/Day
1,080$ $/Week
ITIG-II and Power Pack w/ test probes 190$ $/Pump
760$ $/Day
2,280$ $/Week
PowerSight 3500 w/ test probes 15$ $/Pump
60$ $/Day
180$ $/Week
FLIR E8 WIFI Thermal Camera 15$ $/Pump
60$ $/Day
180$ $/Week
EQUIPMENT RATE UNIT
Articulating Boroscope 200$ $/Day
Thru-Coat Thickness Gauge 200$ $/Day
Dry Film Thickness Gauge 50$ $/Day
Wenner 4-Pin Method 200$ $/Day
AWWA Soil Testing 150$ $/Sample
135$ $/Day
Rectifier 540$ $/Week
1,620$ $/Month
EQUIPMENT RATE UNIT
Drone with Operator at Professional Rate not Inlcuded 50$ $/Hr
100$ $/Day
400$ $/Week
Trail Camera 55$ $/Month
SPECIAL EQUIPMENT - DRONES AND CAMERAS
CORROSION EQUIPMENT
RH2 EQUIPMENT RENTAL RATES
SYSTEM FLOW AND PRESSURE TESTING EQUIPMENT
SPECIAL EQUIPMENT - PUMP AND MOTOR TESTING
Page 34 of 155
Process Water Reuse Facility Phase 2 Project Amendment 1-5
Summary List:
• Amendment No. 1 (previously approved): Due to the increased quantity of winter
storage needed to accommodate the existing Processors’ desired future growth,
additional environmental permitting support was required for the acquisition of adjacent
and other available US Bureau of Reclamation (USBR) properties (three 80-acre
parcels) for constructing the new storage ponds and increasing the usable area of the
land treatment system. The additional environmental permitting required archeological,
historical, and biological assessments with written reports documenting the findings of
the field explorations $267,625.00.
• Amendment No. 2 (previously approved): Based on requirements from USBR, RH2
was tasked with preparing an Environmental Site Assessment (ESA) for three USBR
properties and for the westerly half of the City’s PWRF parcel. The ESA was not
anticipated in the initial contract scope of work. This assessment focuses on identifying
existing hazardous materials or the likelihood to encounter hazardous materials at the
time of soil disturbance based on prior uses of the land. ESA was identified as a
requirement for USBR to sell (dispose) of their land $9,038.00.
• Amendment No. 3 (previously approved): RH2 was asked to develop additional
environmental permitting scope to comply with Federal requirements associated with the
funding, supplementing the previously completed USBR expedited NEPA process.
Additionally, a separate 160-acre USBR parcel became available for purchase south of
Foster Wells Road and was identified as a potential viable location for the disposal of
excavation material needed for the construction of winter storage ponds. Acquisition of
the additional parcel required further cultural and environmental NEPA fieldwork and
reporting to facilitate this second acquisition process with USBR $111,584.00.
• Amendment No. 4 (previously approved): Additional engineering services were
needed for coordinating work between the multiple ongoing phases of the PWRF
improvements (including the Phase 3 work performed by Burnham SEV Pasco, LLC),
redesign of pond grading and excavation to account for Ecology’s Dam Safety
requirements specific to pond embankment construction, and to remain in compliance
with federal funding requirements for the anticipated Construction funding award through
Ecology. Limited services during construction were included $1,364,811.00.
• Amendment No. 5 (Proposed): This amendment is presented to provide additional
engineering services during construction. The additive construction support services
include overall construction contract administration and management, onsite
construction observation and documentation, and project management duties to remain
in compliance with the federal funding requirements and environmental regulations of
the Clean Water State Revolving Fund (CWSRF) awarded through the Water Quality
Program of Ecology $1,357,001.00.
Page 35 of 155
Pasco City Council Workshop
Meeting
January 8, 2024
Pa
g
e
3
6
o
f
1
5
5
PWRF Phase 2-PSA Amendment No. 5 for RH2
Engineering, Inc., Project # 21-298
Site Work in Progress for
Future Winter Storage Lagoons
Existing Winter Storage
Lagoons (123 MG)
Existing Storage
Ponds
Pa
g
e
3
7
o
f
1
5
5
PWRF Phase 2-PSA Amendment No. 5 for RH2
Engineering, Inc., Project # 21-298
EMBEDDED DRONE FOOTAGE
Pa
g
e
3
8
o
f
1
5
5
PWRF Phase 2-PSA Amendment No. 5 for RH2
Engineering, Inc., Project # 21-298
PWRF Phase 2 Improvements
Amendment No. 5 (proposed) $1,357,001.00
New PSA Total $3,532,601.00
Total estimated project Cost for
Phase 2 ‐ Construction
$35.4 million
Summary of Amendment No. 5 Scope
•Full Construction administration duties:
•Inspection
•Project documentation and reporting
•Regulatory and environmental compliance with federal funding
•Pond liner integrity testing required by Ecology guidelines.
Pa
g
e
3
9
o
f
1
5
5
Questions?
Pa
g
e
4
0
o
f
1
5
5
AGENDA REPORT
FOR: City Council January 9, 2024
TO: Adam Lincoln, City Manager City Council Regular
Meeting: 1/16/24
FROM: Maria Serra, Interim Director
Public Works
SUBJECT: Resolution No. 4414 - Change Order No. 7 to Citywide Traffic Signal
Improvements Ph 2 Project
I. REFERENCE(S):
Resolution
Change Order No. 7
Change Order Summary List
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: City the authorizing 4414, No. move approve to I Resolution
Manager to execute Change Order No. 7 to the Construction Contract with
Apollo, Inc. for the Citywide Traffic Signal Improvements Phase 2 Project.
III. FISCAL IMPACT:
Contract Awarded to Apollo, Inc. for construction by Council on September 12,
2022, for $4,313,512.00
The Total Estimated Project Cost, including the design and right-of-way
phases, is $5,752,507. The change orders are within the budgeted amount
within the project contingency.
Funding for the project includes the following Funding Sources
City of Pasco Arterial Fund $51,428.00
City of Pasco I-182 Fund $637,932.00
TAP Funds $146,891.00
STBG Funds $2,410,269.00
HIP Funds $405,987.00
REET Fund (per budget amendment
9/12/2022) $2,100,000.00
Total $5,752,507.00
Page 41 of 155
Change Orders to Date:
Awarded Contract 9/12/2022 $4,313,512.00
Change Order 1 $(165,600.00)
Change Order 2 $178,436.19
Change Order 3 $23,000.00
Change Order 4 $101,941.94
Change Order 5 $69,865.92
Change Order 6 $91,266.28
Proposed Change Order 7 $20,302.61
New Contract Total $4,632,724.94
A summary of each Change Order is attached.
IV. HISTORY AND FACTS BRIEF:
The Citywide Traffic Signal Improvements Project was initially scoped to
provide upgrades to all 32 signal systems at intersections throughout the city.
Due to grant funding availability the project has been divided into three phases.
Phase 1 is complete and included 11 intersections. Phase 2 is currently under
construction and includes 15 intersections. And the Phase 3 project, which still
requires funding, will include the final 6 intersections.
Signal Traffic Citywide the awarded 2022, 12, September On Council
Improvements Phase 2 contract to Apollo, Inc. for a total contract amount of
$4,313,512.00. The change order makes up for 7.4% of the initial awarded
contract. A summary of these Change Orders is attached for review.
V. DISCUSSION:
The intersection of Sylvester Street and 10th Avenue required additional work
by the contractor to correct a drainage issue. The existing intersection slopes
were very flat around the northeast corner radius and extending north up 10th
Avenue. The new curbs and pedestrian ramps were constructed to ensure that
runoff flowed around the radius of the curb in compliance with American with
Disabilities Act (ADA) requirements.
This change order is to address other ponding issues at the intersection. To
eliminate existing ponding the existing pavement on the northern leg of the
intersection was removed to allow for new pavement to be placed with a crown
that would ensure runoff flows to the curbs.
This item was discussed at the January 8, 2024, Council Workshop Meeting.
Page 42 of 155
Staff recommends approval of Change Order No. 7 in the amount of
$20,302.61.
Page 43 of 155
Resolution – CO No. 7 Citywide Traffic Signal Impr. Ph 2 - 1
RESOLUTION NO. _________
A RESOLUTION OF THE CITY OF PASCO, WASHINGTON
AUTHORIZING THE CITY MANAGER TO EXECUTE CHANGE ORDER NO.
7 TO THE CONSTRUCTION CONTRACT WITH APOLLO, INC. FOR THE
CITYWIDE TRAFFIC SIGNAL IMPROVEMENTS PHASE 2 PROJECT.
WHEREAS, the City of Pasco (City) and Apollo, Inc. entered into a Construction Contract
on October 31, 2022, for construction of the Citywide Traffic Signal Improvements Phase 2
Project; and
WHEREAS, Phase 2 involves (twelve) 12 signalized intersections and three (3) alternate
signalized intersections ; and
WHEREAS, previously approved Change Orders Nos. 1-6 were authorized under the
authority provided to the City Manager and the Public Works Director; and
WHEREAS, proposed Change Order No. 7 involves work required in the intersection of
10th Avenue & Sylvester Street to correct drainage issues; and
WHEREAS, the $20,302.61 amount of Change Order No. 7 added to the cumulative sum
of previous approved Change Orders, exceeds the City Manager’s authority, and thus requires
Council approval.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PASCO, WASHINGTON:
That the City Council of the City of Pasco approves the terms and conditions of Change
Order No. 7 between the City of Pasco and Apollo, Inc. as attached here to and incorporated herein
as Exhibit A.
Be It Further Resolved, that the City Manager of the City of Pasco, Washington, is hereby
authorized, empowered, and directed to execute said Change Order No. 7 on behalf of the City of
Pasco.
Be It Further Resolved, that this Resolution will take effect immediately.
Page 44 of 155
Resolution – CO No. 7 Citywide Traffic Signal Impr. Ph 2 - 2
PASSED by the City Council of the City of Pasco, Washington , on this ___ day of
__________, 2024.
_____________________________
Pete Serrano
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ___________________________
Debra Barham, CMC Kerr Ferguson Law, PLLC
City Clerk City Attorneys
Page 45 of 155
EXHIBIT A
Page 46 of 155
Page 47 of 155
Page 48 of 155
Pa
g
e
4
9
o
f
1
5
5
Pa
g
e
5
0
o
f
1
5
5
Page 51 of 155
Page 52 of 155
Pa
g
e
5
3
o
f
1
5
5
Page 54 of 155
Page 55 of 155
Page 56 of 155
Page 57 of 155
Page 58 of 155
Page 59 of 155
Pa
g
e
6
0
o
f
1
5
5
Page 61 of 155
Pa
g
e
6
2
o
f
1
5
5
Page 63 of 155
Page 64 of 155
Page 65 of 155
Page 66 of 155
Page 67 of 155
Page 68 of 155
Page 69 of 155
Page 70 of 155
Page 71 of 155
Page 72 of 155
Citywide Traffic Signal Improvements Phase 2 Change Order Summary
List:
1. Change Order 1: For the removal of bid item 21 – signal modifications. Sandifur Pkwy &
Broadmoor Blvd. $(165,600.00)
2. Change Order 2: While the Citywide Traffic Signal Improvements Phase 2 project was bidding,
the Sylvester Street Safety Improvements project was under design. The design of the Sylvester
Street Improvements project changed the lane configuration on Sylvester Street and added
pedestrian bulb outs at several of the intersections along the Sylvester Street corridor. These
design changes were not reflected in the Citywide Traffic Signal Improvements Phase 2 design
plans. This change order is to incorporate the necessary changes to the intersections of Sylvester
Street and 5th Avenue, Sylvester Street and 10th Avenue, and Sylvester Street and 28th Avenue
to tie into the revised lane configurations planned for the Sylvester Street Corridor. $178,436.19
3. Change Order 3: is to add bid items to the project for the removal of cement concrete curb and
gutter and removal of cement concrete sidewalk. $23,000.00
4. Change Order 4: is to replace the existing traffic signal pole on the northeast corner of the Road
40 and Court Street intersection with a new traffic signal on the northwest corner of the
intersection. $101,941.94
5. Change Order 5: is for the force account work that was necessary due to design changes made
during construction to ensure that the new pedestrian improvements were constructed per
current ADA requirements. $69,865.92
6. Change Order 6: is for directional boring at the locations of W Sylvester and 4th Street, W Court
Street and Road 36, and W Ainsworth and 10th Ave to install new power connections for the
traffic signals. $91,266.28
7. Change Order 7: is for the work required in the intersection of 10th Ave and Sylvester Street to
correct drainage issues. $20,302.61
Page 73 of 155
AGENDA REPORT
FOR: City Council January 9, 2024
TO: Adam Lincoln, City Manager City Council Regular
Meeting: 1/16/24
FROM: Angela Pashon, Assistant City Manager
City Manager
SUBJECT: Resolution No. 4415 - 2024-2025 City Council Representation on Local
& Regional Boards and Committees
I. REFERENCE(S):
Resolution
Board and Committee Assignments List for City Council Appointments
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION:confirming I move to approve Resolution No. 4415, Mayoral
assignments of Councilmembers to various community boards and committees
for the years 2024-2025.
III. FISCAL IMPACT:
N/A
IV. HISTORY AND FACTS BRIEF:
of number a on desired required is representation Council City and/or
municipal and regional boards and committees. The practice of the City
Council has been to make Council appointments to the various boards and
committees on a biennial basis; thus, appointments generally are for a two-
year term, but not limited to one term. Changes to these appointments, if
necessary, can be made at any time by action of the Mayor with confirmation of
the City Council.
V. DISCUSSION:
Mayor Serrano completed the Council's assignments to local and regional
Boards and Committees for 2024-2025 and is seeking confirmation from
Council as represented in the attached 2024-2025 Council Assignments List
and approve it by resolution.
Page 74 of 155
Page 75 of 155
Resolution – 2024-2025 Council Assignments - 1
RESOLUTION NO. _______
A RESOLUTION CONFIRMING MAYORAL ASSIGNMENTS OF
COUNCILMEMBERS TO VARIOUS COMMUNITY BOARDS AND
COMMITTEES FOR THE YEARS 2024-2025.
WHEREAS, various boards and committees, serving both local and regional purposes,
require representation by the Pasco City Council; and
WHEREAS, Mayor Serrano, after consultation with Councilmembers, has declared
appointments to the respective boards and committees reflected in the list attached hereto as
Exhibit A.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PASCO, WASHINGTON:
That the Pasco City Council hereby confirms the appointments to the respective boards and
committees as listed in Exhibit A, attached hereto, until otherwise modified by action of the Mayor
and City Council.
Be It Further Resolved, that this resolution will take effect immediately.
PASSED by the City Council of the City of Pasco, Washington, on this ____ day of
____________________, 2024.
Pete Serrano
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ___________________________
Debra Barham, CMC Kerr Ferguson Law, PLLC
City Clerk City Attorney
Page 76 of 155
CITY COUNCIL
BOARD AND COMMITTEE ASSIGNMENTS - CALENDAR YEARS 2024-2025
Mayoral Appointments to Board and Committee Membership
BOARD/COMMITTEE DAY TIME LOCATION REP ALT
Ben-Franklin Transit Board 2nd Thursday 7:00 pm Ben-Franklin Transit Councilmember Grimm Councilmember Barajas
Benton Franklin Community Action Connections 4th Thursday 5:30 pm 720 W. Court Street, Pasco Councilmember Barajas Mayor Pro Tem Milne
Benton Franklin Council of Governments 3rd Friday 11:30 am Ben-Franklin Transit Councilmember Grimm Councilmember Harpster
Franklin County Emergency Management Council 3rd Thursday, Quarterly 3:30 pm EMS Office Councilmember Grimm Councilmember Barajas
Franklin County Law & Justice Council As called FC Courthouse Councilmember Perales Mayor Serrano
Franklin County Solid Waste Advisory Committee As called FC Public Works Mayor Serrano
Good Roads & Transportation Association* 3rd Wednesday, Bi-
Monthly 5:30 pm Clover Island/ Virtual Councilmember Perales Mayor Pro Tem Milne
Hanford Area Economic Investment Fund 4th Monday 4:00 pm Ben-Franklin Transit Mayor Serrano
Hanford Communities Governing Board
(and ECA) 3rd Thursday, Quarterly 9:00 am Richland Council Chambers Councilmember Harpster Councilmember Grimm
HAPO Center Advisory Board (Formally TRAC)* 4th Tuesday, Quarterly 5:00 pm HAPO Center 3 Representatives
Councilmembers Blasdel & Perales; 1 City Resident
LEOFF Disability Board 3rd Monday 6:00 pm City Hall - Pasco Conference Room Mayor Serrano & Mayor Pro Tem Milne
Local Housing Trust Fund Oversight Committee As called Councilmember Harpster Councilmember Perales
Lodging Tax Advisory Committee (LTAC) As called City Hall – Pasco Conference Room Mayor Serrano Councilmember Perales
Mid-Columbia County Emergency Medical
Services & Trauma Care Council
1st Monday, Even-
Months 1:30 pm Zoom Meeting (contact Chair
VanBeek at MVanBeek@ci.richland.wa.us Councilmember Barajas Councilmember Grimm
Old Fire Pension Board 2nd Monday, Quarterly 6:00 pm City Hall - Pasco Conference Room Mayor Serrano Mayor Pro Tem Milne
Parks & Recreation Advisory Board** 1st Thursday 5:30 pm City Hall - Council Chambers Mayor Pro Tem Milne
Pasco Public Facilities District* 3rd Tuesday 4:00 pm City Hall - Council Chambers Councilmember Blasdel Councilmember Harpster
PSD Skilled & Technical Advisory Committee** 2nd Thursday 4:30 pm Virtual Mayor Pro Tem Milne
Reserve Officers Board 3rd Monday, as needed 5:30 pm City Hall - Pasco Conference Room Mayor Serrano Mayor Pro Tem Milne
Tri-Cities National Park Committee 3rd Thursday 4:00 pm 7130 W. Grandridge Blvd, Kennewick Mayor Pro Tem Milne Councilmember Grimm
Tri-Cities Regional PFD Board As called Varies 3 Representatives (Council or PPFD Board Member)
Councilmembers Barajas; Blasdel; Grimm
TRIDEC Board of Directors 4th Thursday, Odd
months 4:00 pm 7130 W. Grandridge Blvd, Kennewick Councilmember Harpster Councilmember Blasdel
Visit Tri-Cities Board 4th Wednesday 7:30 am 7130 W. Grandridge Blvd, Kennewick Councilmember Blasdel Councilmember Harpster
*Optional (Elective Official and/or Staff)
**Voluntary (does not require elected official as representative) Approved: ____________ Resolution No._______
Pa
g
e
7
7
o
f
1
5
5
AGENDA REPORT
FOR: City Council January 4, 2024
TO: Adam Lincoln City Council Regular
Meeting: 1/16/24
FROM: Kevin Crowley, Fire Chief
Fire Department
SUBJECT: Proclaiming Community Risk Reduction Week
I. REFERENCE(S):
Proclamation
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
Mayor Serrano will present the proclamation to Ben Shearer, Community Risk
Reduction Coordinator and Firefighter with the Pasco Fire Department.
III. FISCAL IMPACT:
None
IV. HISTORY AND FACTS BRIEF:
Monday, January 15, 2024, is Martin Luther King, Jr. Day and is nationally
recognized as a National Day of Service, and an opportunity for communities to
reduce the risk in their community through a series of educational and other
programs.
The City of Pasco's proclamation will designate the week of January 15, 2024 -
January 21, 2024 as "Community Risk Reduction Week," a grassroots initiative
of fire service professionals across the nation designed to raise awareness of
the importance of Community Risk Reduction in the fire service community and
an opportunity to make communities safer.
V. DISCUSSION:
None
Page 78 of 155
Proclamation
“Community Risk Reduction Week”
January 15 – January 21, 2024
WHEREAS, Pasco Fire Department responded to 45 structure fires in 2023; and
WHEREAS, the Fire Department responds to a growing number of medical calls for service,
surpassing 80% of total call volume; and
WHEREAS, Community Risk Reduction is a data-informed process to identify and prioritize
local risks, followed by integrated and strategic investment of resources to reduce their occurrence
and impact; and
WHEREAS, the value of community support from local, state, and national partners to address
community risks is recognized to meet the demands on the fire service; and
WHEREAS, the goal of Community Risk Reduction is to reduce the occurrence and impact of
emergency events for both community members and emergency responders through deliberate
action in the areas of the five E's of Education, Engineering, Enforcement, Emergency response,
and Economic incentive; and
WHEREAS, most fire-related and many medical calls for service are preventable, with the five
E's performed as part of an integrated Community Risk Reduction program; and
WHEREAS, Monday, January 15, 2024 is Martin Luther King, Jr. Day and is nationally
recognized as a National Day of Service and an opportunity for communities to reduce the risk in
their community through a series of educational and other programs.
NOW, THEREFORE, I, Pete Serrano, Mayor of the City of Pasco, Washington, on behalf of the
entire City Council, do hereby proclaim January 15 to January 21,2024 as
“Community Risk Reduction Week”.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of
Pasco, State of Washington, to be affixed this 8th day of January 2024.
Pete Serrano, Mayor
City of Pasco
Page 79 of 155
AGENDA REPORT
FOR: City Council November 3, 2023
TO: Adam Lincoln, City Manager City Council Regular
Meeting: 1/16/24
FROM: Jacob Gonzalez, Director
Community & Economic Development
SUBJECT: *Q Ordinance No. 4703 - Maoqi Mark Feng Rezone from C-1 to R-1 (Z
2021-007)
I. REFERENCE(S):
Ordinance
Exhibit A - Hearing Examiner Recommendation
Exhibit B - Map
Report to Hearing Examiner Dated: October 11, 2023
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: zoning the 4703, No. amending adopt to Ordinance move I
classification of certain real property located at Lots 17 To 20 Block 2, Kurth’s
Revised Plat, Pasco, Franklin County, Washington, from C-1 to R-1, and
further, authorize publication by summary only.
III. FISCAL IMPACT:
None
IV. HISTORY AND FACTS BRIEF:
On October 11, 2023, the Hearing Examiner held a public hearing to consider a
request to rezone property at at Lots 17 To 20 Block 2, Kurth’s Revised Plat
located along the south side of West Nixon Street and near the Southeast
corner of North 12th Avenue, Pasco, Franklin County, Washington (Parcel
112124219), (Low-Density from C-1 (Retail Business District) to R-1
Residential).
Following the 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.
Page 80 of 155
V. DISCUSSION:
The applicant, Maoqi Mark Feng has submitted a request to rezone the
property located at 1028 W Nixon Street from C-1 (Retail Business) to R-1
(Low-Density Residential) to facilitate residential rental uses on the site.
The property currently hosts a 3,022-square-foot office building, constructed
around 1954 and utilized as a dental office from approximately 1996 to 2018.
The applicant acquired the property in August 2021.
Code complaints were filed on July 20, 2022, and January 12, 2023 (CODE
2022-0153; CODE 2301-0066, respectively), indicating that the office suites
had been converted to residential uses without proper permits, rental licenses,
or inspections. A Code Enforcement Board (CEB) case (CEB 2022-0934) was
initiated on July 22, 2022. Following a hearing on December 1, 2022, a
Compliance Determination and Order were issued for violations, including the
failure to obtain a Certificate of Occupancy for residential apartments and the
absence of a city building permit for interior remodeling.
The applicant applied for a building permit on September 20, 2022, intending to
replace windows, install water heaters, and add sliding doors. However, the
City issued a hold on the permit application on November 18, 2023, citing
concerns related to the use of the units as dwellings and violations of minimum
habitable room dimensions. The Planning Division highlighted the need for a
rezone to accommodate a triplex.
Recommendation--Hearing Examiner:
As noted in the attached "Exhibit A," the Hearing Examiner has found that the
proposed 25.210.060, PMC in found and the meets rezone criteria
recommended, based on the Recommended Findings of Fact and Conclusions
of Law, that the City Council approve the rezone from C-1 (Retail Business
District) to R-1 (Low-Density Residential), without a concomitant agreement.
Staff concurs with the Hearing Examiner's recommendation, that Lots 17 to 20
Block 2 Kurth’s Revised Plat, together with easements on Lots 15 & 16;
Reserving (Parcel Easements on Lots 17 & 18 to Grantor (281959);
112124219), in Pasco WA., be rezoned from C-1 (Retail Business District) to
R-1 (Low-Density Residential).
Page 81 of 155
Ordinance Rezone Z 2023-007 - 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 AT LOTS 17 TO 20 BLOCK 2, KURTH’S REVISED
PLAT, PASCO, FRANKLIN COUNTY, WASHINGTON, FROM C-1 (RETAIL
BUSINESS) TO R-1 (LOW-DENSITY RESIDENTIAL).
WHEREAS, the Petitioner, Maoqi Mark Feng, seeks to rezone Parcel No. 112124219,
located at 1028 West Nixon Avenue, Pasco, 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 October 11, 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 t he 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 proposal is consistent with and
satisfies all criteria 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 82 of 155
Ordinance Rezone Z 2023-007 - 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 R-1 (Low-Density Residential) for the real property as shown in the
Exhibit B attached hereto and described as follows:
Lots 17 To 20 Block 2 Kurth’s Revised Plat, together with Easements on Lots 15
& 16; Reserving Easements on Lots 17 & 18 To Grantor (281959); (Parcel
112124219)
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, on this ___ day of
__________________, 2024.
_____________________________
Pete Serrano
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ___________________________
Debra Barham, CMC Kerr Ferguson Law, PLLC
City Clerk City Attorneys
Published: _____________________________
Page 83 of 155
IN THE MATTER OF
Z 2023-007
1028 West Nixon Street
CITY OF PASCO HEARING EXAMINER
)
)
)
)
)
)
RECOMMENDED FINDINGS OF
FACT,RECOMMENDED CONCLUSIONS OF LAW,
AND RECOMMENDED DECISION
THIS MATTER having come on for hearing in front of the City of Pasco Hearing Examiner on
October 11, 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 17 to 20 Block 2 Kurth's Revised Plat, together with easements on Lots
15 & 16; Reserving Easements on Lots 17 & 18 to Grantor (281959); (Parcel
112124219).
1.2 General Location: Said property is located along the south side of West Nixon Street
and near the Southeast comer of North 12th Avenue, in Pasco WA.
1.3 Property Size: Approximately .22 acres (9,499.62 square feet).
1.4 Request: Rezone1028 West Nixon Street from C-1 (Retail Business District) to R-1
(Low-Density Residential).
1.5 Owner/Applicant: Maoqi Mark Feng, 124 Pinionwood Ct., Richland, WA 99352.
2.ACCESS: The parcel has access from West Nixon Street.
3.UTILITIES: Municipal water and sewer are available in the alley between West Nixon and
West Sylvester Streets.
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-1
C-1
C-1
R-1/C-l
SFDUs
Apartments
American Legion Post 34 Hall
SFDU/Teamsters Local Union 839
5.COMPREHENSIVE PLAN: The City of Pasco Comprehensive Plan designates this site as
"Low-Density Residential." The Low-Density Residential designation accommodates a
Variety of residential housing at a density of 3 to 6 dwelling units per acre, and may be
assigned R-S-20, R-S-12, R-S-1, R-1, R-1-A, or R-1-A2 zoning. Per PMC 25.215.015
maximum gross density of any proposed development within any zoning district, expressed
as dwelling units per acre, shall be no less than the corresponding minimum density
Z 2023 007
1028 West Nixon Street Rezone
Page 1 of 6
Page 84 of 155
expressed in the Comprehensive Plan land use density table, and no greater than the
corresponding maximum density expressed in the Comprehensive Plan land use density table,
except as provided in Chapter 25.161 PMC. Housing Goal H-1 requires the City to encourage
housing for all economic segments of the city's population consistent with the local and
regional market; Housing Policy H-1-A further details that the City should allow for a full
range of housing including single family homes, townhouses, condominiums, apartments, and
manufactured housing, accessory dwelling units, zero lot line, planned unit developments etc.
6.ENVIRONMENTAL DETERMINATION: The City of Pasco is the lead agency for this
project. Based on the State Environmental Policy Act ("SEP A") checklist, Comprehensive
Plan, applicable regulations, and other information, a threshold determination resulting in a
Determination of Non-Significance (DNS) for this project was issued on 11 September 2023,
under WAC 197-11-158.
7.REQUEST: Applicant, Maoqi Mark Feng, wishes to rezone Lots 17 To 20 Block 2, Kurth's
Revised Plat together with Easement on Lots 15 & 16, located at 1028 W Nixon St. (Parcel
112124219) in Pasco, WA 99301 from C-1 (Retail Business) to R-1 (Low-Density
Residential). The site comprises approximately .22 acres (9,499.62 square feet). The
underlying Land Use Code has recently been amended to "Low-Density Residential," which
specifies 3 to 6 dwelling units (DU) per acre.
8.SITE: Approximately .22 acres (9,499.62 square feet).
9.HISTORY: The site was platted in 1939, as part of the Kurth's Addition to Pasco Re-Plat.
Rights-of-way were dedicated in conjunction with the 1939 Kurth's Addition to Pasco Re
Plat; the plat originally contained 25'-wide lots and 80'-wide street rights-of-way, as well as
20' wide east-west alleys. The site was assigned R-1 zoning in 1938 via Ordinances 435. The
zoning for the site has since been listed by the City of Pasco as C-1 for at least the last 20
years, although staff has not been able to find the applicable rezone ordinance to date.
10.A 3,022-square-foot office building was built on the site around 1954 and used as a dental
office from around 1996 to around 2018.
11.The Applicant purchased the site in August of 2021. The building appears to have been
vacant from 2018 until its sale in 2021.
12.On 20 July 2022, and again on 12 January 2023, code complaints (CODE 2022-0153; CODE
2301-0066, respectively) were submitted alleging that the office suites at this location had
been remodeled and were now residential uses. A code officer was told that the intent for this
property was to turn it into a hotel. Applicant was advised that hotel units could only be
occupied as short-term rentals and not as residential rental property.
13.The complaints further alleged that no building permits were issued for any
remodeling/change of occupancy; no rental license was on file, and or rental inspection was
submitted. A Stop Work order was issued on July 22, 2022.
14.A further code complaint was filed on January 19, 2023 (CODE 2301-0098) alleging that the
building did not pass a required fire inspection, and that applicant failed to respond to an
inspection request.
15.A Code Enforcement Board (CEB) case was opened on July 22, 2022 (CEB 2022-0934). A
Notice of Civil Violation was issued on August 23, 2022, setting October 6, 2022 as a hearing
date; a Continuation Notice (CN) was subsequently issued on October 04, 2022 with a
Z 2023 007
1028 West Nixon Street Rezone
Page 2 of 6
Page 85 of 155
hearing date set for November 03, 2022; another CN was issued on November 01, 2022
listing a new December 01, 2022 hearing date.
16.Following the CEB December 1, 2022, hearing a Compliance Determination and Order
(CD&O) was issued for the following Code Violations:
16.1 Failure to obtain a Certificate of Occupancy for residential apartments. (Not
Corrected).
16.2 Failure to secure a City of Pasco building permit for interior remodel of property.
(Not Corrected).
17.A Penalty Notification was also issued on December 2, 2022.
18.On January 11, 2023, a follow-up email was sent in connection with a building permit plan
review.
19.During this time Applicant applied for a building permit (September 20, 2022) to replace four
windows and to install two water heaters and three sliding doors. Based on a floorplan
submitted on October 26, 2022, the office was to be converted into a three-unit residential
structure. On November 18, 2023, the City issued a hold on the building permit application
with the following notes:
20.Building Division:
20.1 Notes indicate that these units are being utilized as dwellings. Indicate location of all
separate units. Each dwelling unit must be separated by 2-hour firewalls. Provide
details on how these separation walls will be constructed.
20.2 Minimum habitable room dimension is 7' in any direction and having minimum 70sf
Several rooms do not meet this minimum threshold. This has not been satisfied.
20.3 Provide proposed kitchen arrangements including required ventilation.
21.Planning Division:
21.1 Current zoning of this lot is C-1 (Retail Business). The Comprehensive Plan
Designation is Low-Density Residential.
21.2 To get a Tri-Plex Residence approved a rezone will be required. The minimum
residential zoning designation needed for a Tri-Plex on this lot is R-2 (Medium
Density Residential).
22.On December 21, 2022, The Applicant applied for a commercial building permit, which was
approved, for office use.
23.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:
23.1 The date the existing zone became effective:
23.1.1 The site was assigned R-1 zoning in 1938 via Ordinances 435. The zoning
for the site has since been listed by the City of Pasco as C-1 for at least the
last 20 years, although to date staff has not been able to find the applicable
rezone ordinance.
23.2 The changed conditions, which are alleged to warrant other or additional zoning:
Z 2023 007
1028 West Nixon Street Rezone
Page 3 of 6
Page 86 of 155
23.2.1 In 1963 and 1980 the Comprehensive Plan Land Use Map designated the site
for Commercial uses. By 2000 the site had been amended to Low-Density
Residential and has remained so since.
23.2.2 On January 24, 2022, Council approved Ordinance 4575, amending the
Zoning code, including Pasco Municipal Code (PMC) 25.45 relating to the
R-1 zoning district. The approved ordinance changed the purpose of the R-1
zone found in PMC 25.45.010, as follows: "The R-1 low density residential
district is established to provide a low to medium density residential
environment compliant with the Comprehensive Plan land use density table
in PMC 25.215.015," herein adding "medium dens'ity" to the descriptor. As
well, PMC 25.45.020 added zero-lot line dwellings, multiple dwellings,
duplexes, triplexes, and courtyard apartments to the mix of allowed uses in
the R-1 zoning district. The density requirement in PMC 25.45.050 was also
amended to eliminate the one-unit-per-lot development restriction.
23.3 Facts to justify the change on the basis of advancing the public health, safety and
general welfare:
23 .3 .1 The site has been designated for Lor-Density Residential since at least 2000.
Low-Density Residential allows for a Variety of residential housing at a density of 3 to 6 dwelling units per acre, and may be assigned R-S-20, R-S-
12, R-S-1, R-1, R-1-A, orR-l-A2 zoning.
23.3.2 Per PMC 25.215.015 maximum gross density of any proposed development
within any zoning district, expressed as dwelling units per acre, shall be no
less than the corresponding minimum density expressed in the
Comprehensive Plan land use density table, and no greater than the
corresponding maximum density expressed in the Comprehensive Plan land
use density table, except as provided in Chapter 25.161 PMC.
23 .3 .3 The rezone application and proposal are consistent with the Council
approved amendments to the Pasco Comprehensive Plan, which has been
determined to be in the best interest of advancing public health, safety and
general welfare of the community.
23.4 The effect it will have on the value and character of the adjacent property and the
Comprehensive Plan:
23.4.1 A change in zoning would be consistent with the comprehensive plan Land
Use Map Low-Density Residential designation for the site. According to the
table in Pasco Municipal Code (PMC) 25.215.015, the Low-Density
Residential classification is intended to accommodate "[a] Variety of
residential housing at a density of 3 to 6 dwelling units per acre," and allows
for R-S-20, R-S-12, R-S-1, R-1, R-1-A, and R-1-A2 zoning designations. A
move away from nonconforming uses and toward conforming uses is
anticipated to stabilize property values in and enhance the character of the
neighborhood.
23.5 The effect on the property owner or owners if the request is not granted:
23.5.1 Per Applicant, If the property remains with the current C-1 zoning designation, the owner will still use the property for commercial use as
offices.
Z 2023 007
1028 West Nixon Street Rezone
Page 4 of 6
Page 87 of 155
23.6 The Comprehensive Plan land use designation for the property:
23 .6.1 The City of Pasco Comprehensive Plan designates this site as "Low-Density
Residential." The Low-Density Residential designation accommodates a
Variety of residential housing at a density of 3 to 6 dwelling units per acre,
and may be assigned R-S-20, R-S-12, R-S-1, R-1, R-1-A, or R-1-A2 zoning.
23.6.2 Per PMC 25.215.015 maximum gross density of any proposed development
within any zoning district, expressed as dwelling units per acre, shall be no
less than the corresponding minimum density expressed in the
Comprehensive Plan land use density table, and no greater than the
corresponding maximum density expressed in the Comprehensive Plan land
use density table, except as provided in Chapter 25.161 PMC.
23. 7 Such other information as the Hearing Examiner requires.
23. 7 .1 The rezone application is consistent with and meets the intent of the
Comprehensive Plan, and City Council Goals.
24.Public notice of this hearing was sent to property owners within 300 feet of the property and
posted in the Tri-City Herald on September 20, 2023.
25.An open record public hearing after due legal notice was held October 11, 2023, with the
Planning Department staff and public appearing in person and the Hearing Examiner
appearing via videoconference.
26.Appearing at the hearing was Maoqi Mark Feng. Mr. Feng chose not to testify.
27.No member of the public testified at the hearing.
28.The staff report, application materials, agency comments and the entire file of record were
admitted into the record.
29.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 Elemen t of the Comprehensive Plan designates the lot "Low-Density
Residential District." A change in zoning would be consistent with the
comprehensive plan Land Use Map designation for the site. According to the table in
Pasco Municipal Code (PMC) 25.215.015, the Low-Density Residential classification
is intended to accommodate "[a] Variety of residential housing at a density of 3 to 6
dwelling units per acre," and allows for R-S-20, R-S-12, R-S-1, R-1, R-1-A, and R-1-
A2 zoning designations. A rezone could help to implement Policy H-1-A of the
following policy from the Comprehensive Plan: "Allow for a full range of housing
including single family homes, townhouses, condominiums, apartments, and
manufactured housing, accessory dwelling units, zero lot line, planned unit
developments etc."
Z 2023 007
1028 West Nixon Street Rezone
Page 5 of 6
Page 88 of 155
2.The effect of the proposal on the immediate vicinity will not be materially detrimental.
2.1 The site is adjacent existing single-family neighborhoods. A move away from
nonconforming uses and toward conforming uses is anticipated to stabilize property
values in and enhance the character of the neighborhood.
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. A move
away from nonconforming uses and toward conforming uses is anticipated to
stabilize property values in and enhance the character of the neighborhood.
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 No Concomitant Agreement is considered necessary for this application.
6.The proposed zoning ofR-1 is consistent with the Comprehensive Plan designation of "Low
Density Residential".
7.Any Finding of Fact that is more correctly a Conclusion of Law is hereby incorporated as
such by this reference.
ID. RECOMMENDED DECISION
Based on the above Recommended Findings of Fact and Conclusions of Law, the Hearing Examiner
RECOMMENDS APPROVAL, that Lots 17 to 20 Block 2 Kurth's Revised Plat, together with
easements on Lots 15 & 16; Reserving Easements on Lots 17 & 18 to Grantor (281959); (Parcel 112124219), in Pasco WA., be rezoned from C-1 (Retail Business District) to R-1 (Low-Density Residential).
Dated this -13. day of October, 2023.
CITY OF PASCO HEARING EXAMINER
Z 2023 007
1028 West Nixon Street Rezone
Page 6 of 6
Page 89 of 155
Item:Rezone -1028 W Nixon St -C-1 to R-1
"Exhibit B"Applicant(s):Maoqi Mark Feng
File #:Z 2023-007
N 10Th AveN1ZThAveN10ThAve
W Sylvester St
N 10Th Ave
Pa
g
e
9
0
o
f
1
5
5
REPORT TO HEARING EXAMINER
PUBLIC HEARING
City Hall – 525 North Third Avenue – Remote
WEDNESDAY, 11 October 2023
6:00 PM
1
TER FILE #: Z 2023-007
APPLICANT: Maoqi Mark Feng
124 Pinionwood Ct
Richland, WA 99352
REQUEST: REZONE: 1028 West Nixon Street Rezone from C-1 (Retail
Business District) to R-1 (Low-Density Residential)
BACKGROUND
1. PROPERTY DESCRIPTION:
Legal: Lots 17 to 20 Block 2 Kurth’s Revised Plat, together with easements on Lots 15 & 16;
Reserving Easements on Lots 17 & 18 to Grantor (281959); (Parcel 112124219).
General Location: Said property is located along the south side of West Nixon Street and near the
Southeast corner of North 12th Avenue, in Pasco WA.
Property Size: Approximately .22 acres (9,499.62 square feet)
2. ACCESS: The parcel has access from West Nixon Street.
3. UTILITIES: Municipal water and sewer are available in the alley between West Nixon and West
Sylvester Streets.
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: R-1 SFDUs
EAST: C-1 APARTMENTS
SOUTH: C-1 American Legion Post 34 Hall
WEST: R-1/C-1 SFDU/Teamsters Local Union 839
5. Comprehensive Plan: The City of Pasco Comprehensive Plan designates this site as “Low-Density
Residential.” The Low-Density Residential designation accommodates a Variety of residential
housing at a density of 3 to 6 dwelling units per acre, and may be assigned R-S-20, R-S-12, R-S-1,
R-1, R-1-A, or R-1-A2 zoning. Per PMC 25.215.015 maximum gross density of any proposed
development within any zoning district, expressed as dwelling units per acre, shall be no less than
the corresponding minimum density expressed in the Comprehensive Plan land use density table,
and no greater than the corresponding maximum density expressed in the Comprehensive Plan
land use density table, except as provided in Chapter 25.161 PMC.
Housing Goal H-1 requires the City to encourage housing for all economic segments of the city’s
population consistent with the local and regional market; Housing Policy H-1-A further details that
the City should allow for a full range of housing including single family homes, townhouses,
condominiums, apartments, and manufactured housing, accessory dwelling units, zero lot line,
planned unit developments etc.
Page 91 of 155
2
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
regulations, and other information, a threshold determination resulting in a Determination of
Non-Significance (DNS) for this project was issued on 11 September 2023, under WAC 197-11-
158.
ANALYSIS
Request
Applicant Maoqi Mark Feng wishes to rezone Lots 17 To 20 Block 2, Kurth’s Revised Plat together with
Easement on Lots 15 & 16, located at 1028 W Nixon St. (Parcel 112124219) in Pasco, WA 99301 from C-1
(Retail Business) to R-1 (Low-Density Residential). The site comprises approximately .22 acres (9,499.62
square feet).
The underlying Land Use Code has recently been amended to “Low-Density Residential,” which specifies
3 to 6 dwelling units (DU) per acre.
History
The site was platted in 1939, as part of the Kurth’s Addition to Pasco Re-Plat. Rights-of-way were
dedicated in conjunction with the 1939 Kurth’s Addition to Pasco Re-Plat; the plat originally contained
25'-wide lots and 80'-wide street rights-of-way, as well as 20' wide east-west alleys. The site was assigned
R-1 zoning in 1938 via Ordinances 435. The zoning for the site has since been listed by the City of Pasco as
C-1 for at least the last 20 years, although staff has not been able to find the applicable rezone ordinance
to date.
A 3,022-square-foot office building was built on the site around 1954 and used as a dental office from
around 1996 to around 2018.
Applicant purchased the site in August of 2021. The building appears to have been vacant from 2018 until
its sale in 2021.
On 20 July 2022, and again on 12 January 2023, code complaints (CODE 2022-0153; CODE 2301-0066,
respectively) were submitted alleging that the office suites at this location had been remodeled and were
now residential uses. A code officer was told that the intent for this property was to turn it into a hotel.
Applicant was advised that hotel units could only be occupied as short-term rentals and not as a residential
rental property.
The complaints further alleged that no building permits were issued for any remodeling/change of
occupancy; no rental license was on file, and or rental inspection was submitted. A Stop Work order was
issued on July 22, 2022.
A further code complaint was filed on January 19, 2023 (CODE 2301-0098) alleging that the building did
not pass a required fire inspection, and that applicant failed to respond to an inspection request.
A Code Enforcement Board (CEB) case was opened on July 22, 2022 (CEB 2022-0934). A Notice of Civil
Violation was issued on August 23, 2022, setting October 6, 2022 as a hearing date; a Continuation Notice
(CN) was subsequently issued on October 04, 2022 with a hearing date set for November 03, 2022;
another CN was issued on November 01, 2022 listing a new December 01, 2022 hearing date.
Following the CEB December 1, 2022 hearing a Compliance Determination and Order (CD&O) was issued
for the following Code Violations:
1) Failure to obtain a Certificate of Occupancy for residential apartments. (Not Corrected)
2) Failure to secure a City of Pasco building permit for interior remodel of property. (Not Corrected)
Page 92 of 155
3
A Penalty Notification was also issued on December 2, 2022.
On January 11, 2023 a follow-up email was sent in connection with a building permit plan review.
During this time Applicant applied for a building permit (September 20, 2022) to replace four windows
and to install two water heaters and three sliding doors. Based on a floorplan submitted on October 26,
2022, the office was to be converted into a three-unit residential structure. On November 18, 2023 the
City issued a hold on the building permit application with the following notes:
Building Division (509) 543.5766
1) Notes indicate that these units are being utilized as dwellings. Indicate location of all separate
units. Each dwelling unit must be separated by 2-hour firewalls. Provide details on how these
separation walls will be constructed.
2) Minimum habitable room dimension is 7' in any direction and having minimum 70sf. Several
rooms do not meet this minimum threshold. This has not been satisfied.
3) Provide proposed kitchen arrangements including required ventilation.
Planning Division (509) 544.4143
1) Current zoning of this lot is C-1 (Retail Business). The Comprehensive Plan Designation is Low-
Density Residential.
2) To get a Tri-Plex Residence approved a rezone will be required. The minimum residential zoning
designation needed for a Tri-Plex on this lot is R-2 (Medium Density Residential)
On December 21, 2022 Applicant applied for a commercial building permit, which was approved, for office
use.
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 assigned R-1 zoning in 1938 via Ordinances 435. The zoning for the site has since been listed
by the City of Pasco as C-1 for at least the last 20 years, although to date staff has not been able to find
the applicable rezone ordinance.
2. The changed conditions, which are alleged to warrant other or additional zoning:
In 1963 and 1980 the Comprehensive Plan Land Use Map designated the site for Commercial uses. By 2000
the site had been amended to Low-Density Residential, and has remained so since.
On January 24, 2022 Council approved Ordinance 4575, amending the Zoning code, including Pasco
Municipal Code (PMC) 25.45 relating to the R-1 zoning district. The approved ordinance changed the
purpose of the R-1 zone found in PMC 25.45.010, as follows: “The R-1 low density residential district is
established to provide a low to medium density residential environment compliant with the
Comprehensive Plan land use density table in PMC 25.215.015,” herein adding “medium density” to the
descriptor. As well, PMC 25.45.020 added zero-lot line dwellings, multiple dwellings, duplexes, triplexes,
and courtyard apartments to the mix of allowed uses in the R-1 zoning district. The density requirement in
PMC 25.45.050 was also amended to eliminate the one-unit-per-lot development restriction.
3. Facts to justify the change on the basis of advancing the public health, safety and general welfare:
Page 93 of 155
4
The site has been designated for Lor-Density Residential since at least 2000. Low-Density Residential allows
for a Variety of residential housing at a density of 3 to 6 dwelling units per acre, and may be assigned R-
S-20, R-S-12, R-S-1, R-1, R-1-A, or R-1-A2 zoning.
Per PMC 25.215.015 maximum gross density of any proposed development within any zoning district,
expressed as dwelling units per acre, shall be no less than the corresponding minimum density expressed
in the Comprehensive Plan land use density table, and no greater than the corresponding maximum density
expressed in the Comprehensive Plan land use density table, except as provided in Chapter 25.161 PMC
The rezone application and proposal are consistent with the Council-approved amendments to the Pasco
Comprehensive Plan, which has been determined to be in the best interest of advancing public health,
safety and general welfare of the community.
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 Land Use Map Low-Density
Residential designation for the site. According to the table in Pasco Municipal Code (PMC) 25.215.015, the
Low-Density Residential classification is intended to accommodate “[a] Variety of residential housing at a
density of 3 to 6 dwelling units per acre,” and allows for R-S-20, R-S-12, R-S-1, R-1, R-1-A, and R-1-A2 zoning
designations. A move away from nonconforming uses and toward conforming uses is anticipated to
stabilize property values in and enhance the character of the neighborhood.
5. The effect on the property owner or owners if the request is not granted:
Per Applicant, If the property remains with the current C-1 zoning designation, the owner will still use the
property for commercial use as offices.
6. The Comprehensive Plan land use designation for the property:
The City of Pasco Comprehensive Plan designates this site as “Low-Density Residential.” The Low-Density
Residential designation accommodates a Variety of residential housing at a density of 3 to 6 dwelling units
per acre, and may be assigned R-S-20, R-S-12, R-S-1, R-1, R-1-A, or R-1-A2 zoning.
Per PMC 25.215.015 maximum gross density of any proposed development within any zoning district,
expressed as dwelling units per acre, shall be no less than the corresponding minimum density expressed
in the Comprehensive Plan land use density table, and no greater than the corresponding maximum density
expressed in the Comprehensive Plan land use density table, except as provided in Chapter 25.161 PMC.
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.
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 20 September 2023.
2. Applicant wishes to rezone 1028 W Nixon St. (Parcel 112124219) from C-1 (Retail Business) to R-
1 (Low-Density Residential).
3. The site comprises approximately .22 acres (9,499.62 square feet).
Page 94 of 155
5
4. The underlying Land Use code has recently been amended to “Low-Density Residential,” which
specifies 3 to 6 dwelling units (DU) per acre.
5. The site was platted in 1939, as part of the Kurth’s Addition to Pasco Re-Plat.
6. The site was assigned R-1 zoning in 1938 via Ordinances 435.
7. The zoning for the site has since been listed by the City of Pasco as C-1 for at least the last 20
years.
8. A 3022-square-foot office building was built on the site around 1954.
9. The Office on the site was used as a dental office from around 1996 to around 2018.
10. Applicant purchased the site in August of 2021.
11. The building appears to have been vacant from 2018 until its sale in 2021.
12. On 20 July 2022, and again on 12 January 2023, code complaints (CODE 2022-0153; CODE 2301-
0066, respectively) were submitted alleging that the office suites at this location had been
remodeled and were now residential uses.
13. A Code Enforcement Board (CEB) case was opened on July 22, 2022 (CEB 2022-0934).
14. A Compliance Determination and Order (CD&O) was issued for the following Code Violations:
a. Failure to obtain a Certificate of Occupancy for residential apartments. (Not Corrected)
b. Failure to secure a City of Pasco building permit for interior remodel of property. (Not
Corrected)
15. Applicant applied for a building permit (September 20, 2022) to replace four windows and to
install two water heaters and three sliding doors. Based on a floorplan submitted on October 26,
2022, the office was to be converted into a three-unit residential structure.
16. On November 18, 2023 the City issued ahold on the building permit application with the following
notes:
a. Building Division (509) 543.5766
i. Notes indicate that these units are being utilized as dwellings. Indicate location
of all separate units. Each dwelling unit must be separated by 2-hour firewalls.
Provide details on how these separation walls will be constructed.
ii. Minimum habitable room dimension is 7' in any direction and having minimum
70 square feet. Several rooms do not meet this minimum threshold. This has not
been satisfied.
iii. Provide proposed kitchen arrangements including required ventilation.
b. Planning Division (509) 544.4143
i. Current zoning of this lot is C-1 (Retail Business). The Comprehensive Plan
Designation is Low-Density Residential.
ii. To get a Tri-Plex Residence approved a rezone will be required. The minimum
residential zoning designation needed for a Tri-Plex on this lot is R-2 (Medium
Density Residential)
17. On December 21, 2022 Applicant applied for a commercial building permit, which was approved,
for office use.
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 “Low-Density Residential District.” A
change in zoning would be consistent with the comprehensive plan Land Use Map designation for the site.
Page 95 of 155
6
According to the table in Pasco Municipal Code (PMC) 25.215.015, the Low-Density Residential
classification is intended to accommodate “[a] Variety of residential housing at a density of 3 to 6 dwelling
units per acre,” and allows for R-S-20, R-S-12, R-S-1, R-1, R-1-A, and R-1-A2 zoning designations.
A rezone could help to implement Policy H-1-A of the following policy from the Comprehensive Plan: “Allow
for a full range of housing including single family homes, townhouses, condominiums, apartments, and
manufactured housing, accessory dwelling units, zero lot line, planned unit developments etc.”
2. The effect of the proposal on the immediate vicinity will not be materially detrimental.
The site is adjacent existing single-family neighborhoods. A move away from nonconforming uses and
toward conforming uses is anticipated to stabilize property values in and enhance the character of the
neighborhood.
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. A move away from nonconforming uses and toward
conforming uses is anticipated to stabilize property values in and enhance the character of the
neighborhood.
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.
No Concomitant Agreement is considered necessary for this application.
RECOMMENDATION
Staff recommends based on the Findings of Fact and Conclusions herein, that Lots 17 to 20 Block 2 Kurth’s
Revised Plat, together with easements on Lots 15 & 16; Reserving Easements on Lots 17 & 18 to Grantor
(281959); (Parcel 112124219), in Pasco WA., be rezoned from C-1 (Retail Business District) to R-1 (Low-
Density Residential).
Page 96 of 155
Pa
g
e
9
7
o
f
1
5
5
Pa
g
e
9
8
o
f
1
5
5
Pa
g
e
9
9
o
f
1
5
5
Pa
g
e
1
0
0
o
f
1
5
5
Pa
g
e
1
0
1
o
f
1
5
5
Pa
g
e
1
0
2
o
f
1
5
5
Pa
g
e
1
0
3
o
f
1
5
5
----------,rJ'w-----------. lw;-
ytfµr\ ���-�I
L7'•4l' _JL 3 JL 7'�l _J
-------56'----------20'-5"--
1028 W Nixon St, Pasco WA N<{
CURRENT 1 ST FLOOR PLAN
11'
�7
'1
s-1¾" 1
B'-5hl'
=4 10·
,.r
�
'j'-4rb'' =i T-5" J
Pa
g
e
1
0
4
o
f
1
5
5
ELECTRICAL ELECTRICAL
PANEL-1 PANEL-2
IRRIGATION
CONTROL
PANEL
HEATING &
COLLING -2
HEATING &
COLLING -1
HEATING &
COLLING - 3
1028 W Nixon St, Pasco WA N<{
CURRENT BASEMENT FLOOR PLAN
WATER
HEATER-1
WATER
HEATER-2
WATER
HEATER-3
21'
Pa
g
e
1
0
5
o
f
1
5
5
The picture can't be displayed.
Looking North
Pa
g
e
1
0
6
o
f
1
5
5
The picture can't be displayed.
Looking Northeast
Pa
g
e
1
0
7
o
f
1
5
5
The picture can't be displayed.
Looking East
Pa
g
e
1
0
8
o
f
1
5
5
The picture can't be displayed.
Looking Southeast
Pa
g
e
1
0
9
o
f
1
5
5
The picture can't be displayed.
Looking South
Pa
g
e
1
1
0
o
f
1
5
5
The picture can't be displayed.
Looking Southwest
Pa
g
e
1
1
1
o
f
1
5
5
The picture can't be displayed.
Looking West
Pa
g
e
1
1
2
o
f
1
5
5
The picture can't be displayed.
Looking Northwest
Pa
g
e
1
1
3
o
f
1
5
5
The picture can't be displayed.
Site
Pa
g
e
1
1
4
o
f
1
5
5
The picture can't be displayed.
On-Site Parking
Pa
g
e
1
1
5
o
f
1
5
5
The picture can't be displayed.
Street Parking
Pa
g
e
1
1
6
o
f
1
5
5
The picture can't be displayed.
Street Parking
Pa
g
e
1
1
7
o
f
1
5
5
The picture can't be displayed.
Mailboxes
Pa
g
e
1
1
8
o
f
1
5
5
Affidavit of Mailing
In regards to MF# Z2023-007
I, Carmen Patrick, hereby confirm that notification was sent by mail September 20, 2023 to the owners
of the parcels within 300 feet of the proposed site.
The attached Notification List and Notice of Public Hearing are to be used as a reference as to what was
sent and to whom received the notification.
Given under my hand and official signature this 20th day, September of 2023.
�� Representative's Signature
Page 119 of 155
NAME ADDRESS CITY STATE ZIP MARGARITO & LETICIA RAMIREZ 1705 ROAD 68 PASCO WA 99301 JULIO C HERNANDEZ 936W JAN ST PASCO WA 99301 ADAM SAUCEDA 932W JAN ST PASCO WA 99301 JANET L & JEFFREY J ANDERSON 3911 ROAD 108 PASCO WA 99301 JAIME FERNANDO RUIZ (ETAL) 924 W JAN ST PASCO WA 99301 JOHN D CLAYTON (ETAL) 920 W JAN ST PASCO WA 99301 AGUSTIN & MARIA D SAPIEN 916 W JAN ST PASCO WA 99301 ELKIS ECHEVERRIA VAZQUEZ 912 W JAN ST PASCO WA 99301 JUANA R FARIAS 690 ST ASTNEY RD SACRAMENTO CA 99330 GREGORY & KAREN ROE 1930 N 7TH AVE PASCO WA 99301
YOLANDA VAZQUEZ 1902 N 7TH AVE PASCO WA 99301
ADOLFO V & DARCIE M SANCHEZ 907 W LEOLA ST PASCO WA 99301 LARA & SETH ROHRER 914 TOMICH AVE RICHLAND WA 99352
SCOTT GRAY (ETAL) 915 W LEOLA ST PASCO WA 99301 TERRENCE M BRAIN 919 W LEOLA ST PASCO WA 99301
RODRIGO V MORENO MARTINEZ 923 W LEOLA ST PASCO WA 99301 ARIANA F LOPEZ 927 W LEOLA ST PASCO WA 99301 NABOR & BERTA CANO 2003 N 9TH A VE PASCO WA 99301 ANTONIO (ETUX) MARTINEZ 935 W LEOLA ST PASCO WA 99301 NABOR CANO 2003 N 9TH A VE PASCO WA 99301 MARIA C HERRERA 1911 N 9TH AVE PASCO WA 99301 ROSENDO & BERTHA MAGANA 107 E RIVERSIDE DR SUNNYSIDE WA 98944
PATRICIA FLORES (ETVIR) 932 W LEOLA ST PASCO WA 99301
ESTELLA G MAGANA 928 W LEOLA ST PASCO WA 99301
GAUDENCIO P MORENO (ETUX) 924 W LEOLA ST PASCO WA 99301
SERGIO & MA NORMA RODRIGUEZ 920 W LEOLA ST PASCO WA 99301
MAGDALENA AGUILAR (ETUX) 916 W LEOLA ST PASCO WA 99301
MARIO & BEATRICE QUINTERO 912 W LEOLA ST PASCO WA 99301
DAVID A & DEIDRE R HOLMBERG 908 W LEOLA ST #A PASCO WA 99301
ALLAN & LINDA MCCOLLOCH 2004 N 9TH AVE PASCO WA 99301
MARTIN & ROSA ARROYOS 2115 N 9TH AVE PASCO WA 99301
MARCENIA FARNSWORTH 2111 N9TH AVE PASCO WA 99301
SANDRA J MILLER (DAILEY) ETUX 2107 N 9TH AVE PASCO WA 99301
ALMA V & ADRIAN CORPUS 4403 ANTIGUA DR PASCO WA 99301
FIDEL LUCATERO 935W JAN ST PASCO WA 99301 DENISE C VILLA 929W JAN ST PASCO WA 99301
JAMES & CAROL PARSONS 2104 N 8TH AVE PASCO WA 99301
URIEL RAMIREZ PO BOX 5147 PASCO WA 99302
JOSE F YACUT A 2116 N 8TH AVE PASCO WA 99301
HUGO E VALENCIA (ETAL} 2117 N 8TH AVE PASCO WA 99301
WILLIAM G COX 2111 N 8TH AVE PASCO WA 99301
FRANKIE J HURLEY 2105 N 8TH AVE PASCO WA 99301 ELKIS PINEDA ECHEVERRIA 907W JAN ST PASCO WA 99301
CARMELO (ETUX} CASTILLO 903W JAN ST PASCO WA 99301
JESUS V & OLIVIA HERNANDEZ 2108 N 7TH AVE PASCO WA 99301 JOSE D & ANGELINA GUEVARA 1920 N 9TH AVE PASCO WA 99301 LUCY HERNANDEZ (ETAL) 1918 N 9TH AVE PASCO WA 99301 AREL Y HERNANDEZ CRUZ 1916 N 9TH AVE PASCO WA 99301 LUCILA M MUNGUIA 1914 N 9TH AVE PASCO WA 99301 JEFF ADAMS 8007 W 20TH A VE KENNEWICK WA 99338
Pa
g
e
1
2
0
o
f
1
5
5
Community Development Department
PO Box 293, 525 N 3rd Ave, Pasco, WA 99301
P: 509. 545.3441 / F: 509.545.3499
NOTICE OF PUBLIC HEARING
Si necesita ayuda para entender este aviso o necesita mas informaci6n, par favor llame al Departamento de Desarrollo Comunitario y
Econ6mico de la Ciudad de Pasco a 509-545-3441.
A public hearing with the Hearing Examiner will be held on October 11, 2023, at 6:00 pm
Place: Council Chambers in Pasco City Hall at 525 N 3rd Avenue in Pasco, Washington.
Proposal: Maoqi Mark Feng has submitted a Rezone application (Z 2023-007} from C-1 (Retail Business) to R-1 (Low-Density
Residential) for Lots 17 To 20 Block 2, Kurth's Revised Plat together with Easement on Lots 15 & 16; reserving Easements On Lots 17
& 18 To Grantor (281959), located at 1028 W Nixon St. (Parcel 112124219) comprising approximately .22 acres (9,499.62 square feet)
in Pasco, WA 99301. Said property is located along the south side of West Nixon Street and between North 101h and North 12th Avenues,
in Pasco WA. The proposal is subject to regulations contained in the Pasco Municipal Code.
Vicinity
Map
Item: Rezone -1028 W Nixon St -C-1 to R-1
Applicant(s): Maoqi Mark Feng
File#: Z 2023-007
Page 1 of 2
Page 121 of 155
Public Comment Period: Written comments must be submitted to the Community Development Department by 5:00
p.m. on October 11, 2023 to be included in the Hearing Examiner packet. Testimony of written material may also be
submitted at the public hearing. If you have questions on the proposal, contact the Planning Division at (509) 545-3441 or
via e-mail to: planning@pasco-wa.gov.
If you wish to participate in the hearing virtually, please register at least Z hours prior to the meeting at the following
registration link:
www.pasco-wa.gov/publ iccomment
After registering, you will receive a confirmation email containing information about joining the we binar.
Estimated Date of the Decision: It is estimated that the Hearing Examiner will make a reco mmendation to City Council on
the Rezone within ten (10) business days of the public hearing.
The City of Pasco welcomes full participation in public meetings by all citizens. No qualified Individual with a disability shall be
e)(cluded or denied the benefit of participa�ng in such meetings. If you wish lo use aU)(iliary aids or require assistance to commellt
al this public meeting, please contact the Community Development Department at (509) 545-3441 or TDD (509) 585-4425 at least
ten days prior to the dale of the meeting to make arrangements for special needs.
Page 122 of 155
, PiSco Community & Economic Development Department
PO Box 293, 525 N 3 rd Ave, Pasco, WA 99301
P: 509.545.3441 / F: 509.545.3499
CITY OF PASCO
PETITION FOR ZONE CHANGE
Fee:$825
1--
Date Submitted: ,_,i,j� I /'zJ
Applicant Info Owner Info
(if different than applicant)
Name: Name:
Maoqi Mark Feng
Address: Address:
124 Pinionwood Ct., Richland, WA 99301
Phone: Phone:
2 10-248-4440
Email: Email:
maoqfeng@hotmail.com
Project Address: 1028 W Nixon St., Pasco, WA 9930 1
Project Parcel Number: _1 _1_2 _1 2_4_2_1_9 _______________________ _
Current Zoning: _C_-_1 ____________________________ _
Requested Zonin g:_R_-_1 ___________________________ _
Describe the nature and effect of the proposed chang e: _______________ _
I propose to change the use of the building from commercial use to family residential dwelling.
Estimated time frame of development: August 15, 2 023 to Sept. 15, 2 023
Updated July 2019
Page 123 of 155
What conditions warrant the proposed rezone? ___________________ _
The building conditions are a good fit and warrant the proposed rezone.
How will the proposed rezone advance the health, safety, and general welfare of the community?
The proposed rezone will benefit the health, safety and general welfare of the community through
my family's involvement and contribution.
What effect will the proposed change have on the value and character of adjacent property?
The proposed change will have positive effect on the value and character of adjacent property.
How does the proposed rezone relate to the City's Comprehensive Plan?
The proposed rezone will help relief the housing shortage of the City, and thus is compatible
with the City's Comprehensive Plan.
What effect will be realized by the owner(s) if the proposed rezone is not granted? ______ _
If not granted, the owner will still use the property for commercial use as offices.
NOTE: Provide a variance report giving a list and mail ing address of owners of all property within 300
feet of the applicant's property, as shown by a local title company OR payment of $50.00 which shall
be utilized by the City to obtain a current list of property owners of all properties within 300 feet of
the app licant's property.
Page 124 of 155
f � Cityof 11• Pasco Community & Economic Development Department
PO Box 293, 525 N 3rd Ave, Pasco, WA 99301
P: 509.545.3441 / F: 509.545.3499
Fee for Rezone
Environmental Checklist
Radius Notification
□SEPA Checklist
Signature of A�
*Notarized Signature of Property Owner
State of Washington
�� County of Franklin
55.
□Site map
$700.00
$ 75.00
$ 50.00
$825.00
□Fee of $825
Fee:$825
On this :2.1 day of \0 \�, , ,;2.,0�:3 , before me the undersigned, a Notary Public in and <.;J ) for the State of Washington, duly commissioned an sworn, personally appeared
�(htr c\ i \¼-,� f .e,u.� being duly sworn on his/her oath that he/she has prepared
and read the foregoing statements and has acknowledged to me that the recitations contained
therein are true, and has signed this instrument as his/her free and voluntary act and deed for the
purposes therein mentioned.
SUBSCRIBED AND SWORN to before me this f) \ day of ---..-J+-J_\-+Y--_, ;1023.
7 Notary Public State of Washington
ZULEMA URQUIETA
COMMISSION# 194470
MY COMMISSION EXPIRES � January 27, 2026 • l\,as:a:o:i!S£0l�. -�-�•-•¾l.!f-..MJ'.(Ulii...C
Updated July 2019
c�M�
Notary Public in and for the State of Washington
Residing at \:< e (\(\'('OJ �kMy Commission expires jo,i\.vCA"'-J 9'".::). , 'Jr ;,) L
Page 125 of 155
·-·
Page 126 of 155
Z2023-007 (C-1 to R-1)
Public Hearing:
•October 11, 2023
Hearing Examiner Determination:
•Recommendation of Approval
Site Information
•Parcel No: 112124219
•Address:1028 W Nixon Street
•Size:0.22 Acres/9,499 sqft
•Land Use:Low Density Residential
•Zoning:C-1 (Retail Business)
•Proposed:R-1 (Low-Density Res)
Rezone Criteria
•PMC 25.210.030
Pa
g
e
1
2
7
o
f
1
5
5
AGENDA REPORT
FOR: City Council January 10, 2024
TO: Adam Lincoln, City Manager City Council Regular
Meeting: 1/16/24
FROM: Darcy Buckley, Finance Director
Finance
SUBJECT: Ordinance No. 4704 - Interim Financing Local Improvement District -
Sanitary Sewer - East Urban Growth Area
I. REFERENCE(S):
Ordinance
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to adopt Ordinance No. 4704, relating to contracting
indebtedness; authorizing the issuance of local improvement district bond
anticipation Local of construction the to costs pay to notes relating
Improvement District No. 152 improvements pending the issuance of local
improvement district bonds authorized to be issued by Ordinance No. 4592;
fixing or setting parameters with respect to certain terms and covenants of the
notes; appointing the City’s designated representative to approve the final
terms of the sale of the notes; and providing for other related matters., and
further, authorize publication by summary only.
III. FISCAL IMPACT:
Issuance of bond anticipation notes to serve as interim financing for Local
Improvement District (LID) No. 152, East Urban Growth Area Sewer. Final
terms not to exceed: $21M in principal value, 6.5% rate of interest, 6.5% true
interest cost upon issuance. Upon project completion and final LID No. 152
assessment calculation, permanent financing will be issued with associated
debt service billed, and collected, from benefiting property owners.
IV. HISTORY AND FACTS BRIEF:
LIDs serve as a financing mechanism for the completion of projects that benefit
specific properties. When a LID is formed, City staff provides management and
oversight while completion simultaneously capital for project procuring
financing that allows both the project cost and LID administration cost to be
spread over a long-term period of repayment. The cost is borne by benefiting
Page 128 of 155
property owners.
On May 2, 2022, Council Resolution No. 4174 was approved. This resolution
established intent to form a local improvement district for installation of sewer
infrastructure improvements in the East Urban Growth Area. On May 23, 2022,
LID No. 152, East Urban Growth Area Sanitary Sewer LID, was established
with Council approval of Ordinance No. 4592. The LID No. 152 project
supports construction efforts including installation of new sanitary sewer main,
a lift station, and other sewer improvements.
district within owners property 152, no LID the of formation During No.
boundaries protested creation. Each property owner within the LID boundaries
were not no-protest any execute did City creation. LID of favor in The
agreements with property owners within LID boundaries.
City-managed construction efforts for the project have been underway since
December 2022. All phases of the project have been awarded and are
progressing.
V. DISCUSSION:
City staff have been working with an external financing team consisting of a
financial advisor, bond counsel and underwriter for many months. The result of
this collaboration is this request for approval to proceed with issuing interim
financing in the form of bond anticipation notes. The note ordinance includes
not-to-exceed limits for the financing including a principal amount of $21M and
interest rate of 6.5%. Depending on market conditions when debt issuance
occurs, terms of debt may be lower. Interim funding in the form of bond
anticipation notes (BAN) are expected to be issued in February of 2024.
Once the construction project is finalized, the LID No. 152 property owners will
be notified of assessment values composed of construction, financing and
administrative cost incurred during construction. A 30-day interest free
prepayment period is then available. Following conclusion of the prepayment
period, final financing values are known allowing for the issuance of LID bonds.
LID bond issuance will result in the retirement of interim financing and establish
a repayment schedule for outstanding assessments.
This item was discussed at the January 8, 2024, Council Workshop Meeting.
Staff recommends approval of the Ordinance allowing for issuance of bond
anticipation note.
Page 129 of 155
FG: 101434497.5
CITY OF PASCO, WASHINGTON
ORDINANCE NO. ________
AN ORDINANCE of the City of Pasco, Washington, relating to
contracting indebtedness; authorizing the issuance of local improvement district
bond anticipation notes to pay costs relating to the construction of Local
Improvement District No. 152 improvements pending the issuance of local
improvement district bonds authorized to be issued by Ordinance No. 4592; fixing
or setting parameters with respect to certain terms and covenants of the notes;
appointing the City’s designated representative to approve the final terms of the
sale of the notes; and providing for other related matters.
Passed: January 16, 2024
This document prepared by:
Foster Garvey P.C.
1111 Third Avenue, Suite 3000
Seattle, Washington 98101
(206) 447-4400
Page 130 of 155
i
FG: 101434497.5
TABLE OF CONTENTS
Page
Section 1 . Definitions............................................................................................................... 1
Section 2 . Findings and Determinations .................................................................................. 4
Section 3 . Authorization of Bonds ........................................................................................... 4
Section 4 . Purpose and Authorization of Notes ....................................................................... 5
Section 5 . Description of the Notes; Appointment of Designated Representative .................. 5
Section 6 . Note Registrar; Registration and Transfer of Notes ............................................... 5
Section 7 . Form and Execution of Notes ................................................................................. 6
Section 8 . Payment of Notes .................................................................................................... 6
Section 9 . Failure To Pay Notes .............................................................................................. 7
Section 10 . Guaranty Fund ........................................................................................................ 7
Section 11 . Use of Note Proceeds .............................................................................................. 8
Section 12 . Redemption and Purchase of Notes ........................................................................ 8
Section 13 . Tax Covenants ........................................................................................................ 9
Section 14 . Official Statement; Continuing Disclosure. ............................................................ 9
Section 15 . Additional Covenants............................................................................................ 10
Section 16 . Execution of Note Purchase Agreement ............................................................... 10
Section 17 . Supplemental and Amendatory Ordinances.......................................................... 10
Section 18 . General Authorization and Ratification ................................................................ 10
Section 19 . Severability ........................................................................................................... 11
Section 20 . Rules of Interpretation .......................................................................................... 11
Section 21 . Effective Date of Ordinance ................................................................................. 12
Page 131 of 155
1
FG: 101434497.5
CITY OF PASCO, WASHINGTON
ORDINANCE NO. ________
AN ORDINANCE of the City of Pasco, Washington, relating to
contracting indebtedness; authorizing the issuance of local improvement district
bond anticipation notes to pay costs relating to the construction of Local
Improvement District No. 152 improvements pending the issuance of local
improvement district bonds authorized to be issued by Ordinance No. 4592; fixing
or setting parameters with respect to certain terms and covenants of the notes;
appointing the City’s designated representative to approve the final terms of the
sale of the notes; and providing for other related matters.
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS
FOLLOWS:
Section 1. Definitions. As used in this ordinance, the following capitalized terms shall
have the following meanings:
(a) “Authorized Denomination” means $5,000 or any integral multiple thereof.
(b) “Beneficial Owner” means, with respect to a Note, the owner of any beneficial
interest in that Note.
(c) “Bond” means each local improvement district bond to be issued to pay and redeem
the Notes or any refunding note or notes.
(d) “Bond Counsel” means the firm of Foster Garvey P.C., its successor, or any other
attorney or firm of attorneys selected by the City with a nationally recognized standing as bond
counsel in the field of municipal finance.
(e) “City” means the City of Pasco, Washington, a municipal corporation duly
organized and existing under the laws of the State.
(f) “City Clerk” means the City Clerk of the City or the successor to the functions of
that officer.
(g) “City Council” means the legislative authority of the City, as duly and regularly
constituted from time to time.
(h) “City Manager” means the City’s City Manager or such other officer of the City
who succeeds to substantially all of the responsibilities of that office.
(i) “Code” means the United States Internal Revenue Code of 1986, as amended, and
applicable rules and regulations promulgated thereunder.
Page 132 of 155
2
FG: 101434497.5
(j) “Designated Representative” means the officer of the City appointed in Section 5
of this ordinance to serve as the City’s designated representative in accordance with RCW
39.46.040(2).
(k) “Designated Representative Certificate” means the certificate executed by the
Designated Representative on the sale date authorizing the Final Terms of the Notes.
(l) “DTC” means The Depository Trust Company, New York, New York, or its
nominee.
(m) “Final Terms” means the terms and conditions for the sale of the Notes including,
but not limited to, the amount, date or dates, denominations, interest rate or rates, payment dates,
final maturity, redemption rights, price, and other terms or covenants.
(n) “Finance Director” means the Finance Director of the City or such other officer of
the City who succeeds to substantially all of the responsibilities of that office.
(o) “Fiscal Agent” means the fiscal agent of the State, as the same may be designated
by the State from time to time.
(p) “Guaranty Fund” means the Local Improvement Guaranty Fund of the City
previously established and created pursuant to RCW 35.54.010 and Pasco Municipal Code
3.90.010.
(q) “Improvements” has the meaning provided in Ordinance No. 4592, including
without limitation, sanitary sewer construction, including site grading, manholes, a lift station and
force mains, and sewer gravity pipelines, casings, and appurtenances in the City’s East Urban
Growth Area (UGA) Expansion Area ordered in respect of LID No. 152, all as determined
necessary and advisable by the City. Incidental costs incurred in connection with carrying out and
accomplishing the Improvements, consistent with RCW 39.46.070 and Ordinance No. 4592, may
be included as costs of the Improvements.
(r) “Interest Payment Date” means each semiannual date on which interest on a Note
is due and payable, as set forth in the Note Purchase Agreement.
(s) “Issue Date” means, with respect to a Note, the date of initial issuance and delivery
of that Note to the Purchaser in exchange for the purchase price of that Note.
(t) “Letter of Representations” means the Blanket Issuer Letter of Representations
between the City and DTC, dated August 31, 1998, as it may be amended from time to time, or
any successor or substitute letter relating to the operations procedures of the Securities Depository.
(u) “LID No. 152” means Local Improvement District No. 152 of the City of Pasco,
Washington created pursuant to Ordinance No. 4592.
(v) “Local Improvement Fund” means the Local Improvement Fund created and
established by Ordinance No. 4592 in the office of the Finance Director with respect to LID No.
152.
Page 133 of 155
3
FG: 101434497.5
(w) “Mayor” means the Mayor of the City or the successor to the functions of that
office.
(x) “MSRB” means the Municipal Securities Rulemaking Board.
(y) “Note Fund” means the Local Improvement District No. 152 Bond Anticipation
Note Fund, 2024 of the City authorized by Section 8 of this ordinance.
(z) “Note Purchase Agreement” means the note purchase agreement from the
Purchaser offering to purchase the Notes and setting forth certain terms and conditions of the
issuance, sale and delivery of the Notes, executed by the Designated Representative on behalf of
the City pursuant to this ordinance.
(aa) “Note Register” means the books or records maintained by the Note Registrar for
the purpose of identifying ownership of the Notes.
(bb) “Note Registrar” means the Fiscal Agent, or any successor Note Registrar selected
by the City.
(cc) “Notes” means the Local Improvement District No. 152 Bond Anticipation Notes,
2024, of the City issued pursuant to the terms of this ordinance.
(dd) “Owner” means, without distinction, the Registered Owner and the Beneficial
Owner.
(ee) “Purchaser” means D.A. Davidson & Co., the firm serving as underwriter for the
negotiated sale of the Notes.
(ff) “Rating Agency” means each nationally recognized rating agency then maintaining
a rating on the Notes at the request of the City.
(gg) “RCW” means the Revised Code of Washington.
(hh) “Record Date” means the Note Registrar’s close of business on the 15th day of the
month preceding an Interest Payment Date. With respect to redemption of a Note prior to its
maturity, the Record Date shall mean the Note Registrar’s close of business on the date on which
the Note Registrar sends the notice of redemption in accordance with Section 12.
(ii) Registered Owner” means, with respect to a Note, the person in whose name that
Note is registered on the Note Register. For so long as the City utilizes the book–entry system for
the Notes under the Letter of Representations, Registered Owner shall mean the Securities
Depository.
(jj) “Rule 15c2-12” means Rule 15c2-12 promulgated by the SEC under the Securities
Exchange Act of 1934, as amended.
(kk) “SEC” means the United States Securities and Exchange Commission.
Page 134 of 155
4
FG: 101434497.5
(ll) “Securities Depository” means DTC, any successor thereto, any substitute
securities depository selected by the City that is qualified under applicable laws and regulations to
provide the services proposed to be provided by it, or the nominee of any of the foregoing.
(mm) “State” means the State of Washington.
(nn) “System of Registration” means the system of registration for the City’s bonds and
other obligations set forth in Ordinance No. 2845 of the City.
(oo) “Undertaking” means the undertaking to provide continuing disclosure entered into
pursuant to Section 14 of this ordinance.
Section 2. Findings and Determinations. The City takes note of the following facts and
makes the following findings and determinations:
(a) The City Council passed Ordinance No. 4592 and thereby created LID No. 152 for
the purpose ordering and financing construction of the Improvements.
(b) Pursuant to applicable law, including without limitation chapters 35.45, 35A.40 and
39.46 RCW, the City is authorized to issue the Bonds, including upon the completion of the
Improvements and the confirmation of the final assessment roll for LID No. 152, to provide
permanent financing for the Improvements. The City intends to issue the Bonds.
(c) Pursuant to applicable law, including without limitation chapter 39.50 RCW, the
City is authorized to issue short-term obligations in the form of local improvement district bond
anticipation notes if local improvement district bonds have been authorized by ordinance.
(d) RCW 35.54.060 provides that, for the purpose of maintaining its local improvement
guaranty fund, every city shall, at the time of making its annual budget and tax levy, provide for
the levy of a sum sufficient, with other sources of the fund, to pay the warrants issued against the
guaranty fund during the preceding fiscal year and to establish a balance therein (the “Guaranty
Fund Levy”). The statute further provides that the Guaranty Fund Levy in any one year may not
exceed the greater of: (1) 12 percent of the outstanding obligations guaranteed by the guaranty
fund or (2) the total amount of delinquent assessments and interest accumulated on the delinquent
assessments before the levy as of September 1, and that the taxes levied for the maintenance of the
local improvement guaranty fund shall be additional to and, if need be, in excess of all statutory
and charter limitations applicable to tax levies in the city.
(e) In anticipation of the issuance of the Bonds, and in order to provide interim
financing for costs of the Improvements, it is in the best interest of the City to issue and sell the
Notes to the Purchaser.
Section 3. Authorization of Bonds. For the purpose of paying or financing costs of the
Improvements and providing funds necessary to pay the Notes, the City shall issue Bonds in such
amount and form and with such terms as the City Council determines by ordinance. Proceeds of
the Bonds shall be paid into the Note Fund and applied, together with prepaid assessments received
from LID No. 152 and other available funds, in the amount sufficient to pay the Notes.
Page 135 of 155
5
FG: 101434497.5
Section 4. Purpose and Authorization of Notes. For the purpose of providing all or part
of the money required to pay or reimburse the City for costs of the Improvements, make a deposit
to the Guaranty Fund, pay interest on the Notes for a period not longer than six months after
completion of construction of the Improvements, and pay the costs of issuance of the Notes
pending issuance of the Bonds, the City is authorized to borrow money on the credit of the City
and issue the Notes with such Final Terms as are determined by the Designated Representative
consistent with the parameters set forth in Exhibit A to this ordinance.
Section 5. Description of the Notes; Appointment of Designated Representative. The
City Manager and the Finance Director, each acting independently, is appointed as the Designated
Representative of the City and is authorized and directed to conduct the sale of the Notes, in the
manner and upon the terms deemed most advantageous to the City, and to approve the Final Terms
of the Notes, with such additional terms and covenants as the Designated Representative deems
advisable, within the parameters set forth in Exhibit A.
Section 6. Note Registrar; Registration and Transfer of Notes.
(a) Registration of Notes. The Notes shall be issued only in registered form as to both
principal and interest, and the ownership of the Notes shall be recorded on the Note Register.
(b) Note Registrar; Duties. The Fiscal Agent is appointed as initial Note Registrar. The
Note Registrar shall keep, or cause to be kept, at its office, sufficient books for purposes of
registering the name, mailing address and taxpayer identification number of the Registered Owners
of the Notes, and for registering any transfer of Note ownership. The books and records maintained
by the Note Registrar for such purpose shall be considered the Note Register for purposes of this
Ordinance. The Note Register shall at all times be open to inspection by the City. In addition to
maintaining the Note Register, the Note Registrar is authorized and directed to perform the
following duties with respect to the Notes: (i) to authenticate the Notes upon the initial issuance
thereof by executing the Certificate of Authentication contained thereon; (ii) to authenticate and
deliver any Note that is transferred in accordance with the provisions thereof and this ordinance;
(iii) to serve as the City’s paying agent for the Notes; (iv) to imprint on each Note transferred or
exchanged pursuant to this ordinance the name of the Registered Owner, the principal amount of
the Note, the interest rate borne by the Note, and the maturity date of the Note; (v) to cancel the
Note returned to the Note Registrar upon the payment in full thereof; and (vi) to carry out all of
the Note Registrar’s duties otherwise described in this ordinance and to comply fully with all
applicable federal and State laws and regulations respecting the carrying out of those duties. The
Note Registrar shall be responsible for its representations contained in the Certificate of
Authentication on the Notes.
(c) Transfer and Exchange. The Notes may be assigned or transferred only if endorsed
in the manner provided thereon and surrendered to the Note Registrar. Any such transfer shall be
without cost to the Registered Owner or transferee (other than any cost incurred by the Registered
Owner or transferee in preparing and delivering such transfer certificate) and shall be noted on the
Note Register. The Note Registrar shall not be obligated to assign or transfer any Note during the
15 days preceding any payment or redemption date.
Page 136 of 155
6
FG: 101434497.5
(d) Securities Depository; Book-Entry Only Form. The Designated Representative may
determine whether the Notes are to be issued in certificated or fully immobilized book-entry only
form. If the Notes are issued in book-entry form, DTC shall be appointed as initial Securities
Depository. Each Note initially shall be registered in the name of Cede & Co., as the nominee of
DTC. Each Note registered in the name of the Securities Depository shall be held in accordance
with the provisions of the Letter of Representations. Registered ownership of any Note registered
in the name of the Securities Depository may not be transferred except: (i) to any successor
Securities Depository; (ii) to any substitute Securities Depository appointed by the City; or (iii) to
any person if the Notes are no longer to be held in book-entry only form. Upon the resignation of
the Securities Depository, or upon a termination of the services of the Securities Depository by the
City, the City may appoint a substitute Securities Depository. If (i) the Securities Depository
resigns and the City does not appoint a substitute Securities Depository, or (ii) the City terminates
the services of the Securities Depository, the Notes no longer shall be held in book-entry only form
and the registered ownership of each Note may be transferred to any person as provided in this
ordinance. Neither the City nor the Note Registrar shall have any obligation to participants of any
Securities Depository or the persons for whom they act as nominees regarding accuracy of any
records maintained by the Securities Depository or its participants. Neither the City nor the Note
Registrar shall be responsible for any notice that is permitted or required to be given to a Registered
Owner except such notice as is required to be given by the Note Registrar to the Securities
Depository.
Section 7. Form and Execution of Notes.
(a) Form of Notes; Signatures and Seal. The Notes shall be prepared in a form
consistent with the provisions of this ordinance and State law, shall be signed by the Mayor and
the City Clerk, either or both of whose signatures may be manual or in facsimile, and shall have
the seal of the City (or facsimile reproduction thereof) impressed or printed thereon. If any officer
whose signature appears on the Notes ceases to be an officer of the City authorized to sign notes
before the Note bearing such officer’s signature is authenticated or delivered by the Note Registrar
or issued by the City, that Note nevertheless may be authenticated, delivered and issued and, when
authenticated, delivered and issued, shall be as binding upon the City as though that person had
continued to be an officer of the City authorized to sign notes. Any Note also may be signed and
attested on behalf of the City by any person who, on the actual date of the signing of the Note, is
an officer of the City authorized to sign notes, although such person did not hold the required office
on the date of issuance of the Notes.
(b) Authentication. The Note shall not be valid or obligatory for any purpose, or entitled
to the benefits of this ordinance, unless it bears a certificate of authentication manually signed by
the Note Registrar stating: “This Note is one of the fully registered City of Pasco, Washington,
Local Improvement District No. 152 Bond Anticipation Notes, 2024, described in the Note
Ordinance.” A minor deviation in the language of such certificate shall not void a certificate of
authentication that otherwise is substantially in the form of the foregoing. The authorized signing
of a certificate of authentication shall be conclusive evidence that the Note so authenticated has
been duly executed, authenticated and delivered and is entitled to the benefits of this ordinance.
Section 8. Payment of Notes. Both principal of and interest on the Notes shall be
payable solely out of the City’s Local Improvement District No. 152 Bond Anticipation Note Fund,
Page 137 of 155
7
FG: 101434497.5
2024 (the “Note Fund”), a special fund that is hereby authorized to be created and maintained by
the Finance Director, and the Guaranty Fund, and shall be payable in lawful money of the United
States of America. Principal of and interest on each Note registered in the name of the Securities
Depository is payable in the manner set forth in the Letter of Representations. Interest on each
Note not registered in the name of the Securities Depository is payable by electronic transfer on
each Interest Payment Date, or by check or draft of the Note Registrar mailed on such Interest
Payment Date to the Registered Owner at the address appearing on the Note Register on the Record
Date. However, the City is not required to make electronic transfers except pursuant to a request
by a Registered Owner in writing received at least ten days prior to the Record Date and at the sole
expense of the Registered Owner. Principal of each Note not registered in the name of the
Securities Depository is payable upon presentation and surrender of the Note by the Registered
Owner to the Note Registrar. The Notes are not subject to acceleration under any circumstances.
The City covenants that on or before the maturity date of the Notes it will issue the Bonds,
refunding bond anticipation notes or a combination of the foregoing in an amount sufficient,
together with prepaid assessments received from LID No. 152 and other available funds, to pay
the Notes when due.
Section 9. Failure To Pay Notes. If principal of the Notes is not paid when properly
presented for payment on their maturity date or date of prior redemption, the City shall be obligated
to pay interest on the Notes from and after their maturity or prior redemption date until the Notes,
both principal and interest, are paid in full or until sufficient money for that payment in full is on
deposit in the Note Fund, and the City has given the Registered Owner notice that such money is
available to make such payment.
Section 10. Guaranty Fund. On the Issue Date, proceeds of the Notes in an amount, as
determined by the Designated Representative and not exceeding 10 percent of proceeds of the
Notes, shall be deposited into the Guaranty Fund such that the balance in the Guaranty Fund equals
an amount not less than the balance required to be maintained under this Section. For so long as
any of the Notes remain outstanding, the City shall take such actions as may be necessary,
consistent with chapters 34.45 and 35.54 RCW and other applicable state law and applicable
requirements of the Code, to maintain a minimum balance in the Guaranty Fund equal to 10 percent
of the principal amount of all bonds, notes and other obligations secured by the Guaranty Fund,
provided, that for the purpose of this calculation, the principal amount of bonds, notes and other
obligations secured by the Guaranty Fund shall be reduced by the amount then on deposit in the
respective debt service funds held by the City for payment and redemption of such bonds, notes
and other obligations.
In connection with the City’s annual budget preparation, the Finance Director shall review
the amount on deposit in the Guaranty Fund, the amount of delinquent installment payments
(including interest thereon) of local improvement district assessments secured by the Guaranty
Fund, and the respective amounts reasonably expected to be recovered from foreclosure
proceedings pursuant to chapter 35.50 RCW or other applicable law. Based on that review the
City shall, pursuant to RCW 35.54.060 and subject to applicable state law and constitutional
limitations and applicable requirements of the Code, provide for the levy of a sum sufficient,
together with other sources of the Guaranty Fund, to maintain the minimum balance described in
the preceding paragraph, and to provide for all payments reasonably expected to be made out of
the Guaranty Fund.
Page 138 of 155
8
FG: 101434497.5
Interest and earnings from the Guaranty Fund shall be retained within the Guaranty Fund.
The Finance Director may establish subaccounts within the Guaranty Fund, from time to time as
the Finance Director deems necessary or desirable for purposes of accounting for the investment
of money therein. Money in the Guaranty Fund shall be used solely for the payment of bonds ,
notes and other obligations secured by such fund and as otherwise set forth in chapter 35.54 RCW
and other applicable law. Earnings subject to a federal tax or rebate requirement may be withdrawn
from the Guaranty Fund and used for those tax or rebate purposes. Any proceeds of Notes
remaining in the Guaranty Fund that the City determines will, upon the City’s issuance of Bonds
to pay and redeem the Notes, be in excess of the minimum balance required to be held therein
under this Section and no longer required for the purposes of the Guaranty Fund, may be
withdrawn from the Guaranty Fund and used and applied, together with prepaid assessments
received from LID No. 152 and proceeds of the Bonds, to pay principal of and interest on the Notes
consistent with applicable law.
Section 11. Use of Note Proceeds. The proceeds of the Notes and interest earnings
thereon shall be deposited in the Local Improvement Fund and used to pay or reimburse the City
for costs of the Improvements, make a deposit to the Guaranty Fund, pay interest on the Notes for
a period not longer than six months after completion of construction of the Improvements, and pay
the costs of issuance of the Notes. Until needed to pay those costs, the City may invest proceeds
of the Notes temporarily in any legal investment. Earnings subject to a federal tax or rebate
requirement may be withdrawn from the Local Improvement Fund and used for those tax or rebate
purposes. Any proceeds of Notes remaining in the Local Improvement Fund after paying or
reimbursing the costs of the Improvements, the costs of issuing the Notes, and for the other
purposes set forth in this section, or after the City Council has determined that the expenditure of
such Note proceeds for those purposes is no longer necessary or appropriate, may be used to pay
principal of and interest on the Notes consistent with applicable law.
Section 12. Redemption and Purchase of Notes.
(a) Redemption Provisions. The Notes shall have such redemption provisions, if any,
as shall be determined by the Designated Representative in accordance with the parameters set
forth in Exhibit A to this ordinance.
(b) Selection of Notes for Redemption; Partial Redemption. For so long as the Notes
are registered in the name of the Securities Depository, if less than all of the principal amount of
Notes with the same redemption date is to be redeemed, the Securities Depository shall select the
proportion of those Notes to be redeemed in accordance with the Letter of Representations. If the
Notes are not registered in the name of the Securities Depository, the Note Registrar shall select
the proportion of those Notes with the same redemption date to be redeemed randomly in such
manner as the Note Registrar shall determine. All or a portion of the principal amount of any Note
that is to be redeemed may be redeemed in any Authorized Denomination. If less than all of the
outstanding principal amount of any Note is redeemed, upon surrender of that Note to the Note
Registrar, there shall be issued to the Registered Owner, without charge, a new Note, bearing the
same estimated redemption date and interest rate, in the aggregate principal amount to remain
outstanding.
Page 139 of 155
9
FG: 101434497.5
(c) Notice of Redemption. Notice of redemption of each Note registered in the name of
the Securities Depository shall be given in accordance with the Letter of Representations. Notice
of redemption of each other Note, unless waived by the Registered Owner, shall be given by the
Note Registrar not less than 20 nor more than 60 days prior to the date fixed for redemption by
first-class mail, postage prepaid, to the Registered Owner at the address appearing on the Note
Register on the Record Date. The requirements of the preceding sentence shall be satisfied when
notice has been mailed as so provided, whether or not it is actually received by an Owner. In
addition, the redemption notice shall be mailed or sent electronically within the same period to the
MSRB (if required under the Undertaking), to each Rating Agency, and to such other persons and
with such additional information as the Finance Director shall determine, but these additional
mailings shall not be a condition precedent to the redemption of any Note.
(d) Rescission of Redemption Notice. In the case of any redemption, the notice of
redemption may state that the City retains the right to rescind the redemption notice by giving a
notice of rescission to the affected Registered Owner(s) at any time on or prior to the date fixed
for redemption. Any notice of redemption that is so rescinded shall be of no effect, and each Note
for which a notice of redemption has been rescinded shall remain outstanding.
(e) Effect of Redemption. Interest on the principal portion of each Note called for
redemption shall cease to accrue on the date fixed for redemption, unless the notice of redemption
is rescinded as set forth above or payment is not made for the Note called for redemption
(f) Purchase of Notes. The City reserves the right to purchase any or all of the Notes
at any time at any price acceptable to the City plus accrued interest to the date of purchase.
Section 13. Tax Covenants.
(a) Preservation of Tax Exemption for Interest on the Notes. The City covenants that it
will take all actions necessary to prevent interest on the Notes from being included in gross income
for federal income tax purposes, and it will neither take any action nor make or permit any use of
proceeds of the Notes or other funds of the City treated as proceeds of the Notes that will cause
interest on the Notes to be included in gross income for federal income tax purposes. The City also
covenants that it will, to the extent the arbitrage rebate requirements of Section 148 of the Code
are applicable to the Notes, take all actions necessary to comply (or to be treated as having
complied) with those requirements in connection with the Notes.
(b) Post-Issuance Compliance. The Finance Director is authorized and directed to
adopt, implement, review and update the City’s written procedures to facilitate compliance by the
City with the covenants in this ordinance and the applicable requirements of the Code that must
be satisfied after the Issue Date to prevent interest on the Notes from being included in gross
income for federal tax purposes.
Section 14. Official Statement; Continuing Disclosure.
(a) Preliminary Official Statement Deemed Final. The Designated Representative shall
review the form of the preliminary official statement prepared in connection with the sale of the
Notes to the public. For the sole purpose of the Purchaser’s compliance with paragraph (b)(1) of
Rule 15c2-12, the Designated Representative is authorized to deem that preliminary official
Page 140 of 155
10
FG: 101434497.5
statement final as of its date, except for the omission of information permitted to be omitted by
Rule 15c2-12. The City approves the distribution to potential purchasers of the Notes of a
preliminary official statement that has been deemed final in accordance with this subsection.
(b) Approval of Final Official Statement. The City approves the preparation of a final
official statement for the Notes to be sold to the public in the form of the preliminary official
statement, with such modifications and amendments as the Designated Representative deems
necessary or desirable, and further authorizes the Designated Representative to execute and deliver
such final official statement to the Purchaser. The City authorizes and approves the distribution by
the Purchaser of that final official statement to purchasers and potential purchasers of the Notes.
(c) Undertaking to Provide Continuing Disclosure. To meet the requirements of
paragraph (b)(5) of Rule 15c2-12, as applicable to a participating underwriter for the Notes, the
Designated Representative is authorized and directed to execute a written undertaking to provide
continuing disclosure for the benefit of holders of the Notes in substantially the form attached as
Exhibit B.
Section 15. Additional Covenants. The City covenants that it will (a) proceed with due
diligence to construct the Improvements; (b) require contractors to maintain performance bonds
and (c) proceed to promptly confirm the assessment roll with respect to LID No. 152 when final
costs of the Improvements are known to the City.
Section 16. Execution of Note Purchase Agreement. The City Manager and the Finance
Director, each acting independently, are authorized to execute as necessary the Note Purchase
Agreement on behalf of the City.
The Notes will be prepared at City expense and will be delivered to the Purchaser in
accordance with the Note Purchase Agreement, together with the approving legal opinion
of Bond Counsel regarding the Notes.
Section 17. Supplemental and Amendatory Ordinances. The City may supplement or
amend this ordinance for any one or more of the following purposes without the consent of the
Registered Owner:
(a) To add covenants and agreements that do not materially adversely affect the
interests of the Registered Owner, or to surrender any right or power reserved to or conferred upon
the City.
(b) To cure any ambiguities, or to cure, correct or supplement any defective provision
contained in this ordinance in a manner that does not materially adversely affect the interest of the
Registered Owner.
Section 18. General Authorization and Ratification. The Mayor, the City Manager, the
Finance Director, the City Clerk, other appropriate officers of the City and Bond Counsel are
severally authorized to take such actions and to create, accept, execute, send, use and rely upon
such documents, records and signatures (including in tangible medium, manual, facsimile or
electronic form, under any security procedure or platform, and notwithstanding any other City
ordinance, resolution, rule or policy) as in their judgment may be necessary or desirable to carry
Page 141 of 155
11
FG: 101434497.5
out the transactions contemplated in connection with this ordinance, and to do everything
necessary for the prompt delivery of the Notes to the Purchaser and for the proper application, use
and investment of the proceeds of the Notes. All actions taken prior to the effective date of this
ordinance in furtherance of the purposes described in this ordinance and not inconsistent with the
terms of this ordinance are ratified and confirmed in all respects.
Section 19. Severability. The provisions of this ordinance are declared to be separate
and severable. If a court of competent jurisdiction, all appeals having been exhausted or all appeal
periods having run, holds any provision of this ordinance to be invalid or unenforceable as to any
person or circumstance, such offending provision shall, if feasible, be deemed to be modified to
be within the limits of enforceability or validity. However, if the offending provision cannot be so
modified, it shall be null and void with respect to the particular person or circumstance, and all
other provisions of this ordinance in all other respects, and the offending provision with respect to
all other persons and all other circumstances, shall remain valid and enforceable.
Section 20. Rules of Interpretation. In this ordinance, unless the context or use
otherwise requires:
(a) The terms “hereby,” “hereof,” “hereto,” “herein” and any similar terms refer to this
ordinance as a whole and not to any particular section, paragraph, clause or subdivision of this
ordinance, and the term “heretofore” means before the date of this ordinance;
(b) All pronouns in this ordinance include all other pronouns, and words importing the
singular number mean and include the plural number and vice versa;
(c) The terms: (i) “includes” and “including” are not limiting; (ii) “or” is not exclusive;
and (iii) “person” or “persons” include firms, associations, partnerships (including limited
partnerships), trusts, corporations and other legal entities, including public bodies, as well as
natural persons;
(d) The cover page, the table of contents and any headings preceding the text of the
several sections and paragraphs of this ordinance, and any marginal notes appended to copies
hereof, are solely for convenience of reference and do not constitute a part of this ordinance, nor
do they affect its meaning, construction or effect; and
(e) All references herein to “sections,” “paragraphs, “clauses” and other subdivisions
are to the corresponding sections, paragraphs, clauses or subdivisions hereof.
Page 142 of 155
12
FG: 101434497.5
Section 21. Effective Date of Ordinance. This ordinance shall take effect and be in force
from and after its passage and five days following its publication as required by law.
PASSED by the City Council of the City of Pasco, Washington, at an open public meeting
thereof, this 16th day of January, 2024, and signed in authentication of its passage this 16th day of
January, 2024.
Pete Serrano, Mayor
ATTEST:
Debra Barham, City Clerk
APPROVED AS TO FORM:
Foster Garvey P.C.
Bond Counsel
Page 143 of 155
Exhibit A
A-1
FG: 101434497.5
EXHIBIT A
PARAMETERS FOR FINAL TERMS OF THE NOTES
i. Principal Amount. The aggregate principal amount of the Notes shall not
exceed $21,000,000.
ii. Date. Each Note shall be dated its Issue Date, which date may not
be later than one year after the effective date of this
ordinance.
iii. Denominations, Name, etc. The Notes shall be issued in Authorized Denominations. The
Notes shall bear any name and additional designation as
deemed necessary or appropriate by the Designated
Representative or the Bond Registrar.
iv. Interest Rate(s). Each Note shall bear interest at the same fixed rate per
annum (computed on the basis of a 360-day year of twelve
30-day months) from the Issue Date or from the most recent
date for which interest has been paid or duly provided for,
whichever is later. The rate of interest for the Notes may not
exceed 6.50%, and the true interest cost to the City for the
Notes may not exceed 6.50%.
v. Interest Payment Dates. Interest shall be payable semiannually on such Interest
Payment Dates as are acceptable to the Designated
Representative, commencing no later than one year after the
Issue Date.
vi. Maturity Date. The Notes shall mature on an Interest Payment Date
acceptable to the Designated Representative that is not later
than three years after the Issue Date.
vii. Redemption Rights. The Designated Representative may approve redemption
provisions contained in the Note Purchase Agreement
providing that (A) the Notes shall not be subject to
redemption prior to their maturity date, or (B) the Notes shall
be subject to redemption, in whole or in part, prior to their
maturity date on any date on or after a date acceptable to the
Designated Representative at a redemption price equal to the
principal amount thereof plus accrued and unpaid interest to
the redemption date.
viii. Price. The purchase price of the Notes shall not be less than 95%
nor more than 110% of the stated principal amount of the
Notes.
ix. Other Terms & Conditions. The Designated Representative may determine whether it is
in the City’s best interest to provide for bond insurance or
Page 144 of 155
A-2
FG: 101434497.5
other credit enhancement; and may accept such additional
terms, conditions and covenants as he or she may determine
are in the best interests of the City, consistent with this
ordinance.
Page 145 of 155
Exhibit B
B-1
FG: 101434497.5
[Form of]
UNDERTAKING TO PROVIDE CONTINUING DISCLOSURE
City of Pasco, Washington
Local Improvement District No. 152 Bond Anticipation Notes, 2024
The City of Pasco, Washington (the “City”), makes the following written Undertaking for
the benefit of holders of the above-referenced Notes (the “Notes”), for the sole purpose of assisting
the Purchaser in meeting the requirements of paragraph (b)(5) of Rule 15c2-12, as applicable to a
participating underwriter for the Notes. Capitalized terms used but not defined below shall have
the meanings given in Ordinance No. ____ of the City (the “Note Ordinance”).
(a) Undertaking to Provide Annual Financial Information and Notice of Listed Events.
The City undertakes to provide or cause to be provided, either directly or through a designated
agent, to the MSRB, in an electronic format as prescribed by the MSRB, accompanied by
identifying information as prescribed by the MSRB:
(i) Annual financial information and operating data of the type included in the final
official statement for the Notes and described in paragraph (b) (“annual financial
information”);
(ii) Timely notice (not in excess of 10 business days after the occurrence of the event)
of the occurrence of any of the following events with respect to the Notes:
(1) principal and interest payment delinquencies; (2) non-payment related defaults,
if material; (3) unscheduled draws on debt service reserves reflecting financial
difficulties; (4) unscheduled draws on credit enhancements reflecting financial
difficulties; (5) substitution of credit or liquidity providers, or their failure to
perform; (6) adverse tax opinions, the issuance by the Internal Revenue Service of
proposed or final determinations of taxability, Notice of Proposed Issue (IRS Form
5701 – TEB) or other material notices or determinations with respect to the tax
status of the Notes, or other material events affecting the tax status of the Notes;
(7) modifications to rights of holders of the Notes, if material; (8) bond calls (other
than scheduled mandatory redemptions of Term Notes), if material, and tender
offers; (9) defeasances; (10) release, substitution, or sale of property securing
repayment of the Notes, if material; (11) rating changes; (12) bankruptcy,
insolvency, receivership or similar event of the City or any obligated person, as
such “obligated person” and “Bankruptcy Events” are defined in Rule 15c2-12;
(13) the consummation of a merger, consolidation, or acquisition involving the City
or an obligated person or the sale of all or substantially all of the assets of the City
or an obligated person other than in the ordinary course of business, the entry into
a definitive agreement to undertake such an action or the termination of a definitive
agreement relating to any such actions, other than pursuant to its terms, if material;
(14) appointment of a successor or additional trustee or the change of name of a
trustee, if material; (15) incurrence of a financial obligation of the City or obligated
person, if material, or agreement to covenants, events of default, remedies, priority
rights, or other similar terms of a financial obligation of the City or obligated
person, any of which affect security holders, if material; and (16) default, event of
Page 146 of 155
B-2
FG: 101434497.5
acceleration, termination event, modification of terms, or other similar events under
the terms of the financial obligation of the City or obligated person, any of which
reflect financial difficulties. The term “financial obligation” means a (i) debt
obligation; (ii) derivative instrument entered into in connection with, or pledged as
security or a source of payment for, an existing or planned debt obligation; or (iii)
guarantee of (i) or (ii). The term “financial obligation” shall not include municipal
securities as to which a final official statement has been provided to the MSRB
consistent with Rule 15c2-12; and
(iii) Timely notice of a failure by the City to provide required annual financi al
information on or before the date specified in paragraph (b).
(b) Type of Annual Financial Information Undertaken to be Provided. The annual
financial information that the City undertakes to provide in paragraph (a):
(i) Shall consist of (1) annual financial statements prepared (except as noted in the
financial statements) in accordance with applicable generally accepted accounting
principles applicable to local governmental units of the State such as the City, as
such principles may be changed from time to time, which statements may be
unaudited, provided, that if and when audited financial statements are prepared and
available they will be provided; (2) a statement of the outstanding balance of
obligations secured by the Local Improvement Guaranty Fund; (3) the balance of
cash and investments in the Local Improvement Guaranty Fund at fiscal year end;
and (4) a statement of the amount of assessments that the City billed and collected
in that fiscal year;
(ii) Shall be provided not later than the last day of the ninth month after the end of each
fiscal year of the City (currently, a fiscal year ending December 31), as such fiscal
year may be changed as required or permitted by State law, commencing with the
City’s fiscal year ending December 31, 2023; and
(iii) May be provided in a single or multiple documents, and may be incorporated by
specific reference to documents available to the public on the Internet website of
the MSRB or filed with the SEC.
If not submitted as part of the annual financial information described in paragraph (b)(i)
above, the City will provide or cause to be provided to the MSRB audited financial statements,
when and if available.
(c) Amendment of Undertaking. This Undertaking is subject to amendment after the
primary offering of the Notes without the consent of any holder of any Note, or of any broker,
dealer, municipal securities dealer, participating underwriter, Rating Agency or the MSRB, under
the circumstances and in the manner permitted by Rule 15c2-12. The City will give notice to the
MSRB of the substance (or provide a copy) of any amendment to the Undertaking and a brief
statement of the reasons for the amendment. If the amendment changes the type of annual financial
information to be provided, the annual financial information containing the amended financial
Page 147 of 155
B-3
FG: 101434497.5
information will include a narrative explanation of the effect of that change on the type of
information to be provided.
(d) Beneficiaries. This Undertaking shall inure to the benefit of the City and the holder
of each Note, and shall not inure to the benefit of or create any rights in any other person.
(e) Termination of Undertaking. The City’s obligations under this Undertaking shall
terminate upon the legal defeasance of all of the Notes. In addition, the City’s obligations under
this Undertaking shall terminate if the provisions of Rule 15c2-12 that require the City to comply
with this Undertaking become legally inapplicable in respect of the Notes for any reason, as
confirmed by an opinion of Bond Counsel delivered to the City, and the City provides timely notice
of such termination to the MSRB.
(f) Remedy for Failure to Comply with Undertaking. As soon as practicable after the
City learns of any failure to comply with this Undertaking, the City will proceed with due diligence
to cause such noncompliance to be corrected. No failure by the City or other obligated person to
comply with this Undertaking shall constitute a default in respect of the Notes. The sole remedy
of any holder of a Note shall be to take action to compel the City or other obligated person to
comply with this Undertaking, including seeking an order of specific performance from an
appropriate court.
(g) Designation of Official Responsible to Administer Undertaking. The Finance
Director or his or her designee is the person designated, in accordance with the Note Ordinance,
to carry out the Undertaking in accordance with Rule 15c2-12, including, without limitation, the
following actions:
(i) Preparing and filing the annual financial information undertaken to be provided;
(ii) Determining whether any event specified in paragraph (a) has occurred, assessing
its materiality, where necessary, with respect to the Notes, and preparing and
disseminating any required notice of its occurrence;
(iii) Determining whether any person other than the City is an “obligated person” within
the meaning of Rule 15c2-12 with respect to the Notes, and obtaining from such
person an undertaking to provide any annual financial information and notice of
listed events for that person required under Rule 15c2-12;
(iv) Selecting, engaging and compensating designated agents and consultants, including
financial advisors and legal counsel, to assist and advise the City in carrying out
this Undertaking; and
(v) Effecting any necessary amendment of this Undertaking.
Page 148 of 155
FG: 101434497.5
CERTIFICATION
I, the undersigned, City Clerk of the City of Pasco, Washington (the “City”), hereby certify
as follows:
1. The attached copy of Ordinance No. ____ (the “Ordinance”) is a full, true and
correct copy of the Ordinance duly passed at a regular meeting of the City Council of the City
(the “City Council”) held at the regular meeting place thereof on January 16, 2024 (the “Meeting”),
as the Ordinance appears on the minute book of the City.
2. The Ordinance will be in full force and effect five days after publication in the
City’s official newspaper, which publication date is __________, 2024.
3. The Meeting was duly convened, held and included an opportunity for public
comment, in all respects in accordance with law, a quorum of the members of the City Council
was present throughout the Meeting and a majority of the members voted in the proper manner for
the passage of the Ordinance.
Dated: __________, 2024.
CITY OF PASCO, WASHINGTON
Debra Barham, City Clerk
Page 149 of 155
AGENDA REPORT
FOR: City Council January 12, 2024
TO: Adam R. Lincoln, City Manager City Council Regular
Meeting: 1/16/24
FROM: Maria Serra, Interim Director
Public Works
SUBJECT: Discussion on proposed Change Order No. 7 for the East Urban Growth
Area (UGA) Expansion Sewer Local Improvement District (LID) No. 152
Phase 1 Project.
I. REFERENCE(S):
Summary of previously approved Change Orders
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
Discussion
III. FISCAL IMPACT:
Original Contract Amount $2,065,483.43
Previously Approved Change Order Nos. 1-6 $279,969.82
Change Order No. 7 TBD
New Agreement Total TBD
A budget amendment is not anticipated to be needed at this time.
IV. HISTORY AND FACTS BRIEF:
On May 23, 2022, Council Approved Ordinance No. 4592 which formed LID
No. 152 ordering the sanitary sewer and lift station improvements within the
Urban Growth Area Expansion East of Road 68.
To allow the project to move forward expeditiously into construction, the scope
of work was broken into four phases, each of them packaged into a set of bid
documents and treated as an individual construction contract.
Phase 1 includes six bore trench crossings and casings to be installed.
Three of them are underneath BNSF railroad, two underneath N Glade
Road, and one underneath N Railroad Avenue (In Construction). The
Page 150 of 155
proposed change order relates to this phase.
Phase 2 includes installing gravity sewer from the North end of the UGA
east to N Glade Road then running South along N Glade Road to the
future lift station. (Construction has been Substantially completed).
Phase 3 includes a Lift station at the corner of N Glade Road and Burns
Road extended, as well as a set of force mains for the connection of the
proposed system to the existing gravity collection system along Foster
Wells Road and Capital Avenue, and Foster Wells Road and Industrial
Way. (In Construction).
Phase 4 accounts for the remainder of the gravity sewer trunk mains
serving the properties to the west of the lift station (west of North Glade
Road). (In Construction).
V. DISCUSSION:
On Wednesday January 10, 2024, the last and northernmost boring was
scheduled to begin below the BNSF railroad along Clark Street (extended).
Non-passable rocks were encountered as the boring began, making the 24inch
casing deflect and misalign. The steering head was recovered.
It is note worthy that geotechnical exploration was performed during design of
the project in adjacent locations to the site of interest and rocks were not
detected. The phase 1 project had successfully executed 5 of the 6 borings
included in its project scope.
Bore operation was halted upon failure on January 10, 2024. Several
alternatives were evaluated. A few key considerations were:
Estimated success rate of reattempting the 24 inch bore were very low.
Risk of damaging the equipment and losing the steering head were high
and expensive.
The site of the bore has constraints from existing (recently installed)
utilities on the east, or receiving bore pit, along Railroad Avenue.
Existing power lines parallel to the south of the pipeline alignment.
Federal (USBR) and State(DNR) lands are adjancet to the project, so
permitting on those new locations would be time consuming.
These constraints prevented the project team from defining a new
alignment for the bore.
An increased (36 inch) casing would allow for a drill to be deployed into
the casing to fracture any rocks encountered along the alignment of the
bore.
A failed bore attempt further along the alignment would force the
equipment to be abandoned in place, rendering the alignment no longer
feasible, and increasing the cost and timeline of the project significantly.
Page 151 of 155
Increasing the casing diameter from 24 inch to 36 inch was deemed the
preferred alternative, considering the likelihood of success and the lower
potential cost of all other alternatives.
This will constitute a change order to the project.
This item is presented as early as possible in an attempt to minimize standby
cost of the Contractor. This item will be presented again during the January 22,
2024 Special Meeting with additional details.
Page 152 of 155
Change Order Summary for East UGA Expansion Sewer LID Project, Phase 1:
• Change Order 1 – Sales Tax Increase from 8.7% to 8.9% ($3,787.96): This
change order accounts for the increase of Sales tax from 8.7% to 8.9% that began
January 1st, 2023.
• Change Order 2 – Cost Increase due to delay of Project ($54,461.86): This
project was delayed due to extended right-of-way acquisition negotiations for the
lift station parcel, permanent and temporary easements. This change order
addresses the cost to the contractor and their subcontractors to revise schedules
and storage of materials.
• Change Order 3 – Casing Upsize for Phase 3 Force Main($28,647.89): This
change order addresses the increased size of the casing needed to be installed
for the Phase 3 contractor to be able to install the designed force main.
• Change Order 4 – Slide rail receiving pit and work area reduction due to
change of existing conditions ($134,403.12): This change order includes the
cost needed to have and utilize a different form of shoring due to the constraints
of the site conditions differing from design because of the Darigold contractor
installing and shifting Railroad Ave along this projects construction area.
• Change Order 5 – Additional shoring to prevent schedule delays
($22,337.27): This change order includes the Contractor ordering and utilizing a
second set of shoring to allow the use of multiple bore pits. This gives the
contractor flexibility to continue work and be prepared for the BNSF flagger instead
of incurring standby time.
Page 153 of 155
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 154 of 155
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 155 of 155